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- Date: 23 Jan 93 13:22:55 PST
- From: Jim Thomas <cudigest@mindvox.phantom.com>
- Subject: File 7--The BSA, APL BBS, and Anti-Piracy Crackdowns
-
- Since the press release submitted above, the Business Software
- Alliance (BSA) case against APL has been settled (in November, '92).
- The APL BBS, also known as "The Great American Exchange" in Baltimore,
- Maryland, was raided on 1 October. According to BSA spokespersons and
- court documents, the estimated value of the software seized was worth
- over $100,000. A BSA press release indicates that the organization is
- currently reviewing APL's records for possible additional legal action
- against system users who may have illegally uploaded or downloaded
- copyright programs. It should be noted that the raid occured prior to
- the enactment of PL 102-561, signed into law on October 28, 1992,
- which criminalizes a low threshold of software duplication and
- dissemination.
-
- According to Arter and Hadden, a Washington, D.C. law firm
- representing BSA and Nintendo of America, the case was resolved with a
- court order that issued a permanent injunction against the defendant
- from resuming operations, and the equipment on which the board ran was
- seized and will be turned over to BSA as part of the settlement.
- Although the $25,000 estimate of the value of the equipment seems
- over-estimated, the list of seized property indicates a substantial
- loss. Seized property included two HST modems, nearly a dozen cases of
- floppy disks, several boxes of data tapes, hard drives, a scanner, two
- tower CPUs, a fax machine, and other equipment.
-
- The case was brought as a federal civil action (MJG 92-2757) in the
- U.S. District Court of Maryland. The investigation was conducted by
- Software Security International on behalf of the BSA. According to a
- BSA press release, the three Federal Marshalls participating in the
- raid were Ricardo Guzman, Dave Hinman, and Kurt Vogan.
-
- The BSA, founded in 1988, is a coalitionion of eight high-revenue
- software companies: 1) Apple Computer 2) Autodesk 3) Central Point
- Software 4) Lotus Development 5) Microsoft 6) Novell 7) Symantec, and
- 8) Word Perfect. These eight companies have about 71 percent of the
- world's packaged software market, according to BSA officials.
-
- A BSA spokesperson explained that the organization prefers to think of
- itself as a coalition rather than a professional association. Like the
- Software Publishers Association, the group aims to eradicate software
- piracy but, also like the SPA, engages in other activities that
- include education about copyright law, working with legislators and
- law enforcement on policy and legislative issues to toughen especially
- international anti-piracy laws, and working with customs agents to
- alert them to the problems of identifying software purchased overseas
- and imported back into the U.S. Although the BSA focuses primarily on
- international piracy, it has recently turned its attention to domestic
- concerns. According to a press release, the APL case was its first
- legal action in the U.S.
-
- According to BSA spokesperson Diane Smiroldo, the BSA represents its
- eight members in their fight against piracy in more than 30 countries.
- Although most of these companies are also members of the SPA, the SPA
- does not represent them in their anti-piracy efforts. The SPA
- represented the eight companies in the U.S. until July 1992, but since
- JULY, the eight decided that they wanted the BSA to represent them for
- efficiency's sake, because they head up the anti-piracy in other parts
- of the world. According to Ms. Spiroldo:
-
- "It's important to emphasize that we don't just sue. We're
- not a 'litigation-only' organization. We launch education
- programs, we work with the local software associations in the
- different countries to get support for enforcement and strong
- copyright regulations."
-
- The BSA estimates that world-wide piracy losses run between $10-$12
- billion annually. They also estimate that the piracy rate for PC
- packaged software runs between 40-50 percent. Ms. Smiroldo adds:
-
- We see that particularly in countries like Asia and Latin
- American where there are some store fronts, vendors, where you
- can just walk up in Honk Kong, and there'll be a list of
- software available, and they'll download it and copy it on the
- number of disks needed, and you can buy it for about $10 or
- $15....We work closely with customs agents to recognize
- counterfeit and illegally copied products.
-
- A few excerpts from BSA press releases and other documents illustrate
- the organization's goals:
-
- The Business Software Alliance (BSA), citing a persistent link
- to the spread of computer viruses, today ((24 November, 1992))
- announced the launch of a new worldwide enforcement effort to
- crack down on electronic bulletin board systems (BBS) that are
- distributing illegal softare. Relying on specially-trained
- teams of lawyers and private investigators, and in cooperation
- with police, BSA announced today one of the first results of
- the new campaign--a sweep by the Berlin police of illegal BBS
- operators throughout that city, closing down and seizing
- equipment at 13 BBS operations that have been distributing
- illegal software copies throughout Germany. The operators of
- the bulletin boards now face criminal prosecution, with a
- maximum prison sentence of 5 years.
-
- ++++
-
- In Berlin the police force raided thirteen illegal electronic
- BBS operations on October 28 and seized approximately 25
- computers containing illegal software programs on over six
- gigabytes of storage capacity....The police acted after an
- investigation by the BSA found initial evidence of substantial
- illegal distribution throughout the country by the BBS
- involved. BSA then provided this evidence to the police and
- public prosecutor's office in Berlin, requested that they take
- action to close the offending operations, and provided ongoing
- investigative and legal assistance to further this
- effort...."We are determined to take vigorous actions to close
- down illegal bulletin board operators," said BSA European
- Counsel Bradford Smith. "We have witnessed during the last
- year the rapid proliferation of illegal bulletin boards
- throughout Europe, and believe that there is a persistent
- pattern linking these operators, not only with the
- distribution of illegal software, but also with the spread of
- computer viruses. We now possess information pointing to
- illegal distribution by over 100 other BBS operators in
- Europe, and we will continue to bring more cases in additional
- countries."
-
- The BSA also announced a crackdown on Belgian BBSes. CuD will
- expand on BSA activities in future issues in an attempt to
- bring the debate over software piracy into a public forum.
-
- Downloaded From P-80 International Information Systems 304-744-2253
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