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swslraid.asc
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1997-06-21
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~ ~
~ THE SOUTH WEST SOFTWARE LIBRARY RAID - CONCLUDED ~
~ ~
~ by John Weller ~
~ ~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Regular readers of STEN will know that on 22nd January 1992, the
South West Software PD Library was raided by a Mr Sollies of the Dorset
Trading Standards Office, with a consultant from FAST and two police
officers in attendance. The FAST representative was there solely in an
advisory capacity (Mr Sollies subsequently admitted that he had no
experience of computers, or any knowledge of Public Domain software), and
the police officers were to guard against any breach of the peace.
The SWSL was run from Martyn and Barbara Dryden's home address, and
in the course of the raid their house was searched, toy cupboards
inspected, the cleaning lady was intimidated, and an unnecessarily
officious attitude was displayed by the Trading Standards representative.
As a result of the raid, 35 master discs were taken away, to be
"investigated for possible breaches of commercial copyright".
In March 1992, Mr Sollies contacted the Drydens to tell them that
the investigation was 'almost concluded', and that they would shortly be
hearing from him.
There the matter stood until the 25th of April, when Martyn Dryden
was interviewed under legal caution by the Dorset TSO; the interview
being tape-recorded in accordance with the Police and Criminal Evidence
Act. In the course of this interview it became apparent that the British
Phonographic Institute was the moving force behind the raid, and that it
was discs containing digitised music that were the main concern.
And once again, there the matter stood for several months. The
Drydens had decided to close the library, not because of any illegality,
but simply to avoid any future incident of this kind. As Martyn put it
at the time, "Why us? Most other libraries carry the same discs, so is
there any reason why we were selected?" The TSO declined to comment,
"until the investigation is concluded."
The final development occured at the beginning of October, when
Martyn was told that no prosecutions were to be brought, but that he was
to be formally cautioned on eleven specimen counts of "making and selling
unlicensed copies of copyright materials." The following is his account
of what happened at the interview:
"On 1st October we (the proprietors of The South West Software
Library) were interviewed again by technical officer J E Sollies of
the Dorset Trading Standards Department.
The chief Trading Standards officer for Dorset had determined
that The South West Software Library had committed offences under the
Copyright Designs and Patents Act, viz, that it had made and sold
unlicensed copies of copyright materials. The offences related to 11
specimen PD sound demos of the 45 seized by the Trading Standards
Department when it raided the Library on 22nd January.
Taking into account the circumstances, the chief Trading
Standards officer had decided not to prosecute but to issue a formal
caution. Accordingly we admitted the offences and accepted the
caution.
The caution would be taken into account in the investigation of
any future offences that we might commit. Of course, this doesn't
arise, as we have now closed the Library.
However, the fact that we were cautioned would not be relevant
to any case that could be brought against another PD library for
similar offences. Any such case would be considered individually by
the local Trading Standards officer concerned.
Although the offences related to only 11 of the 45 demos seized,
this did not mean that the other 34 were blameless. The 11 disks
were those that had been inspected by the BPI as specimens of those
seized. Officer Sollies said that the sound demos were regarded in
the same way as illegal pirate cassettes or bootleg recordings.
He would/could/did not say why The South West Software Library
was singled out for this action or whether similar action would be
taken against other Libraries. He did say that Trading Standards
officers in other areas had taken an interest in this case and that
he had made information available to them. All the Trading Standards
offices are linked by computer (this appears to mean that they have
Telecom Gold accounts)."
The moral of this shoddy affair would seem to be that there are
individuals and organisations who think that the ST PD scene is comprised
of large firms, making profits from copyrighted material. And when money
is involved, the knives are drawn and reason vanishes out of the window.
It's anyone's guess what may happen in the future but if we at STEN
were PD librarians of any sort - commercial, hobbyist, club or non-
profitmaking - then we'd be *very* careful that a similar charge couldn't
be levelled at us. This means not only removing all discs containing
music samples or digitised pictures, but also checking all programmes for
copyright messages. Goodmans PDL, Floppyshop and the ST Club have already
done this, but some of the smaller libraries might not be as cautious.
We've already heard of a small library in Scotland receiving a visit from
the TSO and FAST, and being similarly cautioned.
Sooner or later, the forces of ignorance will muddy the PD scene.
In 1992 alone we've seen the more crass magazines such as 'ST Format' and
the late and unlamented 'New Computer Express' carry stories such as 'PD
porn available to children' and the old chestnut that 'PD libraries make
excessive profits': with friends like that, the PD scene certainly
doesn't need enemies.
Perhaps the time has come for libraries to act together against
threats of this type? If a unified face was presented, then the chances
of individual libraries being 'picked off' would be much reduced.
To end on a brighter note, one of the more interesting asides of the
whole sad SWSL affair was that although Martyn Dryden was originally not
willing to contest the copyright issue in court, he changed his mind when
he heard that the ST Club was prepared to start a 'fighting fund' to
cover his legal expenses, and had pledged itself to contribute 10% of the
bill. Well done that man!
~~~~~eof~~~~~