The PRWIRE Press Releases https:// 2006-05-23T21:51:00Z Study finds PC Software Piracy declined in Australia while worldwide rates remain stable 2006-05-23T21:51:00Z study-finds-pc-software-piracy-declined-in-australia-while-worldwide-rates-remain-stable Australias rate of illegal software use reduced one point to 31 percent in 2005, while its global ranking remained at 14th, well behind the US, New Zealand, UK and Scandinavia. Illegal software use also cost Australia A$446 million in 2005. These are among the findings of an annual global PC software piracy study released today by the Business Software Alliance (BSA), the international association of the worlds leading software developers. The independent study was conducted by IDC, the information technology (IT) industrys leading global market research and forecasting firm. By contrast, 35 percent of the packaged software installed on personal computers (PC) worldwide in 2005 was illegal, amounting to $34 billion in global losses due to software piracy. However, positive movement in a number of markets indicates education and enforcement efforts are paying off in emerging economies such as China, Russia and India and in Central/Eastern Europe and the Middle East & Africa. A one point reduction is not significant enough to bring us within reach of our economic peers whose rates are up to ten points lower than Australia, said BSAA Chairman, Jim Macnamara. Much more needs to be done to tackle software piracy in Australia, and we are hopeful that the changes in Copyright Law will continue to have some positive affect as business users realize the risks of the criminal penalties for unlicensed software use. Many factors contribute to regional differences in piracy the strength of intellectual property protection, the availability of pirated software, cultural differences and IT-related market trends, said John Gantz, chief research officer at IDC. Theres no doubt that lowering software piracy takes constant work and investment, but those investments can unlock enormous benefits for the industry and local economies. The BSA-IDC Global Software Piracy Study covers all packaged software that runs on PCs. The study does not include other types of software such as that which runs on mainframes or servers or software sold as a service. IDC used proprietary statistics for software and hardware shipments, conducted 5,600 surveys and enlisted IDC analysts in 38 countries to confirm software piracy trends. Global Overview Piracy rates decreased in more than half (51) of the 97 countries covered in this years study, and increased in only 20. The global rate was unchanged from 2004 to 2005 as large developed markets like the United States, Western Europe, Japan and a handful of Asian countries continue to dominate the software market while their combined piracy rate hardly moved. Positive changes could be seen in the rapidly developing countries of Russia, India, Brazil and China. Russia saw a four point drop in its PC software piracy rate while Indias piracy rate declined two points. Brazil was able to stave off further increases in its 64 percent piracy rate despite strong growth in the IT market which usually leads to an increase in piracy. China, with one of the fastest growing IT markets in the world, dropped four points between 2004 and 2005. This year marks the second year in a row where there has been a decrease in the PC software piracy rate in China. This is particularly significant, considering the vast growth taking place in the Chinese IT market, said Holleyman. Other key findings: The four countries with the largest percentage point drop in their piracy rate during the past year were China (4 points), Russia (4 points), Ukraine (6 points) and Morocco (4 points). The countries with the highest piracy rates were Vietnam (90 percent), Zimbabwe (90 percent), Indonesia (87 percent), China (86 percent) and Pakistan (86 percent). The countries with the lowest piracy rates were the United States (21 percent), New Zealand (23 percent), Austria (26 percent) and Finland (26 percent). A previous IDC/BSA study showed that if the global piracy rate were to drop 10 points to 25%, it would create as many as 2.4 million new jobs, $400 billion in economic growth, and $67 billion in tax revenues worldwide. Stronger intellectual property protection and education and awareness continue to improve the software piracy situation around the world, said Holleyman. But as broadband growth continues and the IT sector continues to expand, the continued influx of new users and the increased availability of pirated software means continual efforts are required to reduce and keep software piracy down. For more details or for a copy of the study, please visit www.bsa.org/globalstudy. Ends The Business Software Association of Australia (BSAA) www.bsaa.com.au - is affiliated with the Business Software Alliance (BSA) which operates globally in 70 countries. BSAA members include Adobe, Apple, Autodesk and Microsoft. Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade and e-commerce. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC Software/Mastercam, Internet Security Systems, McAfee, Microsoft, PTC, SolidWorks, Sybase, Symantec, The MathWorks and UGS. IDC is the premier global market intelligence and advisory firm in the information technology and telecommunications industries. We analyze and predict technology trends so that our clients can make strategic, fact-based decisions on IT purchases and business strategy. More than 775 IDC analysts in 50 countries provide local expertise and insights on technology markets, and our management team is comprised of experienced and respected industry luminaries. Business executives and IT managers have relied for more than 40 years on our advice to make decisions that contribute to the success of their organizations. IDC is a subsidiary of IDG, the worlds leading technology media, research, and events company. Additional information can be found at www.idc.com. # # # IP protection could boost Australias economy by $4.7 billion 2005-12-09T20:49:00Z ip-protection-could-boost-australias-economy-by-4-7-billion A reduction in unlicensed software use could boost Australias economy by creating new jobs and business opportunities that would generate billions of dollars in new spending and tax revenues, according to an economic impact study released today by the global research firm IDC. The study, conducted for the Business Software Alliance, assesses the impact of the information technology industry in 70 countries around the world, including Australia and the economic benefits that those counties would experience by protecting and developing intellectual property. Globally, 35 per cent of all business software is pirated. Reducing that rate by 10 points over four years would create 2.4 million new jobs, increase economic growth by US$400 billion and generate US$67 billion in new taxes to help governments fund public programs like education, health care and law enforcement, the IDC study shows. In Australia, reducing the rate of business software piracy by 10 points to 22 per cent by 2009 could increase the local IT sector to nearly A$33.7 billion, boost local industry revenues by A$4.7 billion, create 10,000 new jobs and generate another A$1.3 billion in additional tax revenues. According to Jim Macnamara, Chairman of the BSAA, the economic impact study shows that growth and profits in the IT sector flow on to the whole economy through employment, tax revenues and profits to local distributors, retailers and developers. The IT sector is a proven engine for global and Australian economic growth, but relatively high rates of theft of intellectual property mean that the sector has yet to achieve its full economic potential, he said. No other sector of the economy has to operate with product theft rates of 32 per cent as the software sector has to in Australia, he added. The BSAA says the research destroys the myths that software piracy is a victimless crime and that it benefits some by reducing the cost of software. While some organizations and individuals avoid the cost of purchasing software, other businesses bear the cost through reduced sales and ultimately the whole economy loses through reduced employment and tax revenues, Mr Macnamara said in releasing the study locally. Furthermore, if Australian companies are to successfully produce software and compete internationally in the vital IT sector, then protection of their intellectual property from widespread theft is vital, he said. In very simple terms, software piracy robs consumers to pay the pirates, said Mr Macnamara. Apart from the economic benefits of reducing software piracy, businesses should also note the serious legal imperatives, as earlier this year Australian Copyright Law was amended to make unlicensed software use in businesses a criminal offence for the first time, carrying major penalties and potentially gaol terms, the BSAA has warned. Regional Impact Cutting the Asia Pacific piracy rate of 53 percent by 10 percentage points could add US$135 billion to its economies, increase local industry revenues by more than $106 billion and directly create more than 3.5 million new jobs more than every other region in the world combined. The independent study, conducted by International Data Corporation (IDC), also found that for governments in the Asia Pacific region, the cumulative effect of this growth could mean an additional US$14 billion in new tax revenues that can help pay for public benefits and services. Jeffrey Hardee, Vice President and Regional Director, Asia, BSA, said: Growth in the Asia Pacifics IT sector has already translated into significant benefits for the regions economies. It is a US$195 billion industry that employs 4.7 million workers and contributes US$120 billion in taxes each year, but the region could do better. With a 10-point drop in the regions average software piracy rate, the software sector could grow three times faster over the next four years than it did in the last four years and spur expansion of the IT sector. Study Methodology The IDC study is based on IDCs Worldwide IT Spending Trends Report which provides widely accepted data on IT spending and internationally published rates of software piracy which have been validated in a number of independent studies. The study includes only direct benefits in its calculations. Indirect flow-on benefits to businesses servicing the IT sector, such as logistics, transport, travel, design, printing and other companies, are not included. The study did not make any adjustments for the impacts (costs) of businesses moving from unlicensed to licensed software as it not normal in research to count the benefits of illegal activities as savings and also, while there are cost reductions to those who avoid the cost of purchasing legal software, these are inequitably applied and are more than offset by economic benefits both direct and indirect. The full study is available online at http://www.bsa.org/idcstudy. ##### More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Microsoft and Symantec. BSA (www.bsa.org) members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cadence Design Systems, Cisco Systems, CNC Software/Mastercam, Dell, Entrust, HP, IBM, Intel, Internet Security Systems, Macromedia, McAfee, Microsoft, Minitab, PTC, RSA Security, SAP, SolidWorks, Sybase, Symantec, Synopsys, The MathWorks, Trend Micro and UGS. Europcar pays $200,000 settlement in software copyright claim 2005-09-22T13:14:00Z europcar-pays-200-000-settlement-in-software-copyright-claim CLA Trading Pty Ltd, trading as Europcar, has paid $200,000 in settlement of a claim made by the Business Software Association of Australia for use of unlicensed software one of the largest settlements for corporate software licence breaches in Australia. The settlement was made without any admission of liability by CLA Trading Pty Ltd. However, the BSAA says it made the claim based on strong evidence that CLA Trading Pty Ltd, trading as Europcar, was using more than 400 unlicensed copies of software in its Australian operations. Under the terms of the settlement, CLA Trading Pty Ltd also has warranted that it has purchased licenses for all software programs used and agreed to ensure that all copies of BSAA members software are licensed in future. Europcar is one of the leading global car rental companies. Founded in Paris in 1949, the company today operates a fleet of over 220,000 vehicles at 2,650 locations in 118 different countries in Europe, The Middle East, Africa, the Indian Ocean, Central America, Mexico, the Caribbean and Asia-Pacific Ends More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Microsoft and Symantec. BSA (www.bsa.org) members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cadence Design Systems, Cisco Systems, CNC Software/Mastercam, Dell, Entrust, HP, IBM, Intel, Internet Security Systems, Macromedia, McAfee, Microsoft, Minitab, PTC, RSA Security, SAP, SolidWorks, Sybase, Symantec, Synopsys, The MathWorks, Trend Micro and UGS. Most companies and organisations dont know what their employees are up to in cyberspace 2005-07-06T18:28:00Z most-companies-and-organisations-dont-know-what-their-employees-are-up-to-in-cyberspace Sixty-five per cent of companies and organisations do not know whether employees have downloaded or made illegal copies of software and around half (46%) do not have clear policies on Internet downloading and software use, according to research by the Business Software Association of Australia (BSAA), which it says exposes organisations to grave risks of viruses, worms, security breaches and legal action for piracy. Two-thirds (66%) of businesses surveyed do not conduct software audits or check what workers are using, and 41% admitted that they do not know if they are correctly licensed for software used in their organisation. Even worse, more than a third (36%) of companies and organisations admitted that they do not know exactly how many computers they have. With this clear lack of management attention to computer use, companies and organisations are effectively leaving their back door open electronically and shows why its more important than ever for organisation to look at implementing Software Asset Management (SAM) practices, Chairman of the BSAA, Jim Macnamara, warned. The alarming findings came from two online surveys conducted by the BSAA in May which gained responses from 978 companies and organisations of different sizes and in various sectors ranging from education to IT and government. Mr Macnamara said that separate independent research by Gartner Group reported that where computer use and Internet downloading were not strictly controlled, organisations were highly likely to have illegal software business programs, games and music files as well as viruses, worms, security breaches and technical problems on their networks. This can be costly in terms of lost productivity and potentially legal costs for copyright breaches, he warned. Mr Macnamara said the solution for cybersecurity was relatively simple and involved three key steps: 1. Install and use virus protection software on all PCs and network servers; 2. Set up a firewall on servers to protect networks (a computer to screen downloaded material and incoming e-mails); and 3. Conduct regular spot checks and audits of software in use. Mr Macnamara said having clear policies in place on Internet downloading and software use and regularly checking computer systems are essential in the online age. These policies are all part of having a comprehensive SAM process in place. He said: Employees download, install and pass around illegal and sometimes dangerous files through ignorance and naivety in some cases, and occasionally intentionally, and it is up to management to have systems in place to ensure computing environments are safe, secure and legal. The BSAA offers free advice and a wide range of SAM advice and tools for conducting software audits on its Web site www.bsaa.com.au. ##### More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Microsoft and Symantec. The Business Software Alliance (www.bsa.org) is the foremost organisation dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA educates consumers on software management and copyright protection, cyber security, trade, e-commerce and other Internet-related issues. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC Software/Mastercam, Internet Security Systems, Macromedia, Microsoft, Network Associates, SolidWorks, Sybase, Symantec, UGS and VERITAS Software. Study shows Australias software piracy rate remains higher than economic peers 2005-05-20T13:24:00Z study-shows-australias-software-piracy-rate-remains-higher-than-economic-peers Australias rate of software piracy continues to remain high relative to other developed countries and shows no sign of falling, according to an international study released by the Business Software Alliance (BSA). In fact software piracy has risen one percent to thirty two percent while software piracy in the US has fallen to twenty one percent, and in New Zealand the rates have fallen to twenty three percent. The UK also has a lower rate at 27 percent. Software piracy causes losses of AUD545 million (US409 million) in Australia. Conducted for the second year by global technology research firm International Data Corporation (IDC), this years BSA global piracy study incorporated major software market segments including operating systems, consumer software and local market software. In 2004, the worldwide rate of personal computer (PC) software piracy decreased by one percentage point to 35 percent. This occurred despite an influx of new PC users from high piracy market sectors V consumer and small business V and the increasing availability of unlicensed software on Internet peer-to-peer (P2P) file-sharing sites. It is significant that Australias software piracy rate continues to be substantially higher than other developed countries. Software piracy continues to be a major challenge for Australia and while nearly a third of all software used in this country is pirated it will continue to stifle the development of our local IT industry, said Jim Macnamara, chairman of the BSAA. Software piracy costs local developers as well as international manufacturers, reduces tax revenue and costs jobs. Study Methodology This is the second year in which IDC has studied global piracy using the same methodology and encompassing the full, PC packaged software market. Previous studies conducted by BSA used a different methodology and covered only business software, excluding operating systems. For this study, IDC used proprietary statistics for software and hardware shipments, conducted more than 12,000 interviews in 39 countries to confirm software piracy trends (adding to 5,600 surveys conducted in 15 countries last year), and enlisted IDC analysts in over 50 countries to review local market conditions. With ongoing coverage of hardware and software markets in more than 65 countries, and with 60 percent of its analyst force outside of the United States, IDC provided a deep and broad information base from which to develop the 2004 piracy rates. Key Findings X The piracy rate in the Asia Pacific region was 53 percent with dollar losses totaling nearly 7.9 billion. X The piracy rate in the European Union was 35 percent with dollar losses totaling more than 12.1 billion. X The piracy rate in North America was 22 percent. The losses totaled more than 7.5 billion dollars. X The piracy rate in the Middle East and Africa was 58 percent with dollar losses totaling nearly 1.3 billion. X The piracy rate in the Latin America was 66 percent with dollar losses totaling more than 1.5 billion. X The piracy rate in the rest of Europe was 61 percent with dollar losses totaling more than 2.3 billion. # # # More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Borland, Macromedia, Microsoft and Symantec. The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA educates consumers on software management and copyright protection, cyber security, trade, e-commerce and other Internet-related issues. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC Software/Mastercam, Internet Security Systems, Macromedia, Microsoft, Network Associates, SolidWorks, Sybase, Symantec, UGS and VERITAS Software. IDC (www.idc.com) is the premier global market intelligence and advisory firm in the information technology and telecommunications industries. IDC analyzes and predicts technology trends so that its clients can make strategic, fact-based decisions on IT purchases and business strategy. Over 700 IDC analysts in 50 countries provide local expertise and insights on technology markets, and IDCs management team is comprised of experienced and respected industry luminaries. Business executives and IT managers have relied for 40 years on its advice to make decisions that contribute to the success of their organizations. Unlicensed software use by businesses now a criminal offence 2005-04-07T15:43:00Z unlicensed-software-use-by-businesses-now-a-criminal-offence Introduction of the US Free Trade Agreement Implementation Act and the Copyright Legislation Amendment Act of 2004 from 1 January 2005 means that unlicensed software use in businesses is now a criminal offence for the first time, carrying major penalties and potentially gaol terms. Chairman of the Business Software Association of Australia, Jim Macnamara, said that most directors, managers and employees of companies and organisations were not yet aware of the legislation and needed to take careful note of the new provisions. The BSAA is launching a major awareness campaign to draw attention to the criminalisation of end user piracy and point out solutions to avoid legal risks including free information and software management tools on its Web site and offering free seminars. Under the new legislation, illegal software does not have to be sold or distributed to constitute a criminal offence. Section 132 (1) (a) of the Copyright Act has been amended to make it a criminal offence if a person makes an infringing copy of software with the intention of obtaining a commercial advantage or profit and if the person knows or ought reasonably to know that the copy is infringing copyright. Use of illegal software in a business or organisation can constitute a criminal offence as commercial advantage is inherent in using any software in a business or professional context and because commercial advantage has been derived from making an illegal copy of the software instead of buying a licence for it. Furthermore, the Explanatory Memorandum which accompanies the new Act states: The offences regime in Section 132 applies to all forms of activity referred to as business end-user piracy. The FTA legislation also introduces a new offence relating to significant infringements of copyright whether or not these have any direct or indirect financial gain to cover situations such as large-scale piracy not in a commercial business and Internet piracy where illegal software may be distributed for free. Under new sections 132 (5) (DB) and (5) (DC) it is a criminal offence if a person engages in infringement of copyright on a commercial scale and it has a substantial prejudicial impact on the copyright owner. An important aspect of the legislation is that it can be considered a criminal offence if a person knows or ought reasonably to know that software is infringing copyright. Mr Macnamara said company directors and managers needed to take careful note of this as their company could potentially be held liable even if they the directors are unaware or not directly involved in piracy. Company directors and managers in some circumstances can also be personally prosecuted. The BSAA warns that companies and organisations should have software management procedures in place to avoid the serious risks of civil legal action and now possible criminal legal action. In over 15 years experience, the BSAA has found that whenever there are not strict controls on the installation and downloading of software in an organisation, there is a 95 per cent likelihood that illegal software will exist, Mr Macnamara warned. Employees, either through nave enthusiasm or deliberate intent, copy software if it is available, exposing themselves and the organisation and its directors and management to serious risks. Free Resources for Businesses The BSAA has launched a dedicated section on its Web site to help businesses understand the new legislative changes. It also publishes freely available information on Software Asset Management on the Web site, including software audit forms, budgeting spreadsheets and templates for businesses to use. Mr Macnamara said the risks from illegal software were quite easy to avoid through Software Asset Management measures such as restrictions on Internet downloading and user installation of software, periodic spot-checks and occasional software audits. Mr Macnamara also said the criminalisation of business end user software piracy was fair and reasonable as it related to theft for commercial advantage and infringement on a commercial scale. The volume and value of infringing copies will be taken into account by a court in determining whether it was on a commercial scale, he said. Internet Piracy The FTA legislation also introduces a notice and takedown regime to deal with Internet piracy. Under the new take-down provisions, an Internet Service Provider (ISP) must act expeditiously to remove or disable access to material residing on its system as soon as it becomes aware the material is infringing copyright. Penalties Under the Copyright Act, individuals committing criminal offences are liable to fines up to $93,500 and/or five years gaol and companies are liable to fines up to $467,000 and/or five years gaol. Users, organisations and directors also remain liable for civil legal action brought by copyright owners which can result in awards of damages of an unlimited amount. ##### More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Macromedia, Microsoft and Symantec. The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade and e-commerce. BSA worldwide members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC BSAA reaches amicable settlement of $150,000 with E.Law for alleged copyright breaches 2005-02-18T15:24:00Z bsaa-reaches-amicable-settlement-of-150-000-with-e-law-for-alleged-copyright-breaches An Australian provider of specialised IT services to the legal profession and government has settled a claim of alleged use of unlicensed software with the Business Software Association of Australia (BSAA). Under the terms of the settlement, E-Law Australia Pty Limited has agreed to pay $150,000 and to instigate comprehensive software compliance procedures throughout the company. According to a Director of E.Law, the alleged use of unlicensed software was the result of a lack of sufficient management procedures due to time constraints on the directors But the company has taken active steps to develop and implement appropriate software asset management strategies over the last twelve months, she said. The spokesperson said At the time of the non-compliance, we were extremely busy on major projects and unfortunately management strategies were not in place to ensure software compliance was effected. The breaches revolved around the installation of unlicenced software that was not required for the companys day to day activities and also the installation of a greater number of licences than the company required. Our experience should be a warning to all company Directors not to operate their businesses without software compliance procedures. All directors should take an active part in ensuring that there are adequate monitoring and auditing systems to prevent the installation of unlicenced software, said the spokesperson E.Law understands the importance of intellectual property and we support the BSAAs decision to take a strong line on protecting the copyright of its members software, she said. E.Law has now implemented policies to ensure that the company and its staff uses only licensed software in future. This has included the introduction of a stringent management policies and education of its entire staff about their use of software. The company carries out regular audits of its software and the results of audits must be reported to the Directors. Staff members are aware that they must report any illegal software use to the Directors. Chairman of the BSAA, Jim Macnamara, said that the BSAAs experience over 15 years had shown that whenever there were not strict rules and controls in place to manage software installations and downloads, illegal software was inevitable as employees took matters into their own hands sometimes because of nave enthusiasm and sometimes in blatant disregard for copyright. In short, any company or organisation without management procedures is likely to have illegal software and face major risks, Mr Macnamara said. An important point for company directors to note is that they can be held liable for illegal activities in their businesses, even if they are not directly involved. Corporate law maintains that directors have a responsibility to know what is happening in their business and to implement measures to ensure laws such as copyright are complied with, he said. Helping Businesses Understand Software Management The BSAA provides a range of free tools and resources on its web site as well as a step-by-step guide to implementing a Software Asset Management (SAM) process. For more information please visit http://www.bsaa.com.au or call 1800 021 143. Ends More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Macromedia, Microsoft and Symantec. BSA (www.bsa.org) members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cadence Design Systems, Cisco Systems, CNC Software/Mastercam, Dell, Entrust, HP, IBM, Intel, Internet Security Systems, Intuit, Macromedia, McAfee, Inc., Microsoft, Parametric Technology, RSA Security, SolidWorks, Sybase, Symantec, Trend Micro, UGS Corp. and VERITAS Software. Warning for online bargain hunters this Christmas: Dont be scammed by SPAM 2004-12-14T18:05:00Z warning-for-online-bargain-hunters-this-christmas-dont-be-scammed-by-spam Internet bargain hunters should be wary of unsolicited e-mail offers and Web sites touting offers that seem too good to be true this Christmas holiday season to avoid becoming victims of scams, the Business Software Association of Australia has warned today, releasing the results of a global study on SPAM e-mail along with shopping tips for safe and secure online shopping. More than a quarter of Australians are expected to shop online this holiday season, and many will be tempted by unsolicited e-mail touting unbelievable savings on well-known brands of commercial software. Be careful. The software programs may be a pirated version rather than a genuine product, said Jim Macnamara, Chairman of the Business Software Association of Australia (BSAA). Consumers should be aware that the majority of these offers originate from unscrupulous vendors, some of whom are involved in other forms of illicit activity. Indeed, the largest number of SPAMs has been traced to an organized group operating out of Russia, said Mr Macnamara. International authorities are in the process of identifying and shutting them down. Shopping online at well known auction sites is also a popular way of buying new and second hand goods, including software. But be careful, because even with checks carried out by auction sites, you run the risk of purchasing illegal software, said Mr Macnamara. The BSAA is warning consumers and businesses about these holiday rip-offs and arming them with important information that will guide them in making sensible, educated purchase decisions, continued Mr Macnamara. If you plan to shop online this holiday season, our tips can help you protect yourself from SPAM scams. The BSAAs top eight online shopping tips are as follows. Consumers can also visit www.bsaa.com.au to download three free guides to online shopping, buying second hand software and purchasing at online auctions. SAFE ONLINE SHOPPING TIPS 1. Recognise SPAM and delete it dont reply. 2. Ask questions. If the offer sounds too good to be true it probably is! Deals that are considerably cheaper than street prices may not be good deals at all - it is likely to be illegal software. 3. Steer clear of compilations and back-ups. Compilations of software titles from different manufacturers, or backup copies, are a clear indication that the software is not legitimate. 4. Check out the dealer. If the online dealer seeking to sell you software isnt listed on that software manufacturers website, then beware 5. Do your homework. Look for a feedback section on the site and look for comments on the seller based on previous transactions. 6. Get the sellers address. If you cant find a physical address, then be suspicious. 7. Keep receipts. Print a copy of your order number and sales confirmation and keep them. 8. Report piracy. Buyers suspecting pirated or counterfeit software and/or fraud should contact the BSAA on 1800 021 143. Forrester Data Global Study In the United States and five other countries (Brazil, Canada, France, Germany, and the United Kingdom), computer software tops the list of one of the most purchased items through spam, according to Forrester Data, whose online survey asked 1,000 Internet users in each of the six countries about their attitudes toward unsolicited email. According to the study, although more than 90 percent of U.S. Internet users receive a variety of spam and only read about a fifth of it, about 21 percent of consumers admit to having purchased computer software through spam. Only apparel and jewelry rank slightly higher at 22 percent. The research findings also reveal that 40 percent of online consumers say software for sale via spam raises concerns about online security and exposure to a computer virus. * Spam is defined as unsolicited email that is sent to large numbers of people <Ends> More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au Note to Producers: Broadcast quality audio grabs from Jim Macnamara are available at www.mediagame.com.au. If you would prefer to interview Jim Macnamara directly please contact Pru Quinlan on 0405 100 585 # The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Borland, Macromedia, Microsoft and Symantec. BSA (www.bsa.org) members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cisco Systems, CNC Software/Mastercam, Dell, Entrust, HP, IBM, Intel, Internet Security Systems, Intuit, Macromedia, McAfee, Inc., Microsoft, RSA Security, SolidWorks, Sybase, Symantec, UGS Corp. and VERITAS Software. IDC study finds 31 percent of software in use in Australia is pirated US$342m in losses last year 2004-07-07T16:17:00Z idc-study-finds-31-percent-of-software-in-use-in-australia-is-pirated-us-342m-in-losses-last-year Thirty one percent of the software installed on computers in Australia was pirated in 2003, representing a loss of US$341m, according to the findings of a global software piracy study released today by the Business Software Alliance, the international association of the worlds leading software manufacturers. Conducted for the first time by global technology research firm International Data Corporation (IDC), this years BSA global piracy study incorporated major software market segments including operating systems, consumer software and local market software. In previous years, the study was limited to business software applications. This years study also accounts for software such as shareware or software developed by the open source community. The inclusion of these new categories paints a broader, more accurate picture of the global software piracy problem based on IDC's extensive industry and market knowledge. The study found that while US$80 billion dollars in software was installed on computers worldwide last year, only US$51 billion was legally purchased. This equates to 36 percent of all software installed on computers worldwide being pirated. Australias 31 per cent piracy rate in 2003 compares with an estimated 32 per cent in 2002. Despite the one per cent drop, Australia has continued to fall behind its economic peers, with the US piracy rate at 22 percent, New Zealand at 23 percent and the UK at 29 percent. Australia is ranked sixteenth on the global software piracy tables for total software piracy losses. Software piracy continues to be a major challenge for Australia, just as it is for economies worldwide, said Jim Macnamara, chairman of the BSAA. Piracy is a disadvantage in any country, governments lose tax revenue, it costs jobs throughout the technology supply chain and it inhibits the local software industry. The total Australian software piracy losses of U$341m (A$487m) detailed in the IDC study compare with The Cost of Counterfeiting Study (2003) conducted in Australia by the Allen Consulting Group, which found that losses due to counterfeiting was A$446m. The increasing availability of pirated software via SPAM, P2P file-sharing sites and mail-order or auction sites, will potentially drive the piracy higher in the future, said Mr Macnamara. The extraordinary increase during May of SPAM selling illegal software, as recently reported by Clearswift, shows that Internet piracy is a growing area and its one of great concern for the BSAA. Piracy continues to be a significant problem through Asia Pacific, as evidenced by the regions representation among the worlds piracy leaders, added Martin Kralik, senior research manager for Asia Pacific consulting at IDC. Unfortunately, this same piracy is also hurting the regions competitiveness. The revenues that are lost to piracy are vital to the success and survival of smaller, local software developers and that ultimately undermines the regions ability to develop new products and compete in the global market. Study Methodology Robert Holleyman, president and CEO of BSA said the IDC study reflects a logical evolution in BSAs decade-long effort to measure piracy in the global economy. Its scope was expanded to account more accurately for trends such as the growth of local software markets worldwide and the acceleration of Internet piracy. For its analysis, IDC drew upon its worldwide data for software and hardware shipments, conducted more than 5,600 interviews in 15 countries, and used its in-country analysts around the globe to evaluate local market conditions. IDC identified the piracy rate and dollar losses by utilizing proprietary IDC models for PC, software and license shipments by all industry vendors in 86 countries. Key Findings The piracy rate in the Asia/Pacific region was 53 percent, with dollar losses totaling more than $7.5 billion. In Eastern Europe, the piracy rate was 70 percent, with dollar losses at more than $2.2 billion. In Western Europe, the rate was 36 percent, and dollar losses totaled $9.6 billion. The average rate across Latin American countries was 63 percent, with losses totaling nearly $1.3 billion. In the Middle Eastern and African countries, the rate was 55 percent on average, with losses totaling nearly $900 million. In North America, the piracy rate was 23 percent. The losses totaled more than $7.2 billion. The study found that the size of a regional software market is the critical link between piracy rates and actual dollars lost. For instance, 91 percent of software installed in the Ukraine in 2003 was pirated, as compared to 30 percent in the U.K. But dollar losses in the U.K. ($1.6 billion) were about 17 times higher than those in the Ukraine ($92.1 million). This difference is attributed to a much larger total PC software market in the U.K. than in the Ukraine. A number of factors contribute to the regional differences in piracy, including local-market size, the availability of pirated software, the strength of copyright laws, and cultural differences regarding intellectual property rights, said John Gantz, Chief Research Officer at IDC. Unfortunately, we found that high market growth regions also tend to be high piracy regions, such as China, India and Russia. If the piracy rate in emerging markets where people are rapidly integrating computers into their lives and businesses does not drop, the worldwide piracy rate will continue to increase. The fight for strong intellectual property protection and respect for copyrighted works spans the globe, and there is much work to be done, Holleyman said. BSA will continue to work with governments to enact policies to protect software intellectual property as well as implement programs to raise business and consumer awareness about the importance of copyright protection for creative works. Lowering the piracy rate will stimulate local economic activity, generate government revenue, create job growth and cultivate future innovation. For more details about the study, please visit the BSA Web site: www.bsa.org/globalstudy. The full report will be released online globally at 4pm Sydney time - or contact Pru Quinlan for an advance copy. More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Apple, Autodesk, Borland, Macromedia, Microsoft and Symantec. The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA educates consumers on software management and copyright protection, cyber security, trade, e-commerce and other Internet-related issues. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC Software/Mastercam, Internet Security Systems, Macromedia, Microsoft, Network Associates, SolidWorks, Sybase, Symantec, UGS and VERITAS Software. IDC (www.idc.com) is the premier global market intelligence and advisory firm in the information technology and telecommunications industries. IDC analyzes and predicts technology trends so that its clients can make strategic, fact-based decisions on IT purchases and business strategy. Over 700 IDC analysts in 50 countries provide local expertise and insights on technology markets, and IDCs management team is comprised of experienced and respected industry luminaries. Business executives and IT managers have relied for 40 years on its advice to make decisions that contribute to the success of their organizations. BSAA appoints director for Software Policy in Asia 2004-06-08T15:49:00Z bsaa-appoints-director-for-software-policy-in-asia The Business Software Alliance (BSA) today announced the appointment of Seow Hiong Goh as Director of Software Policy for Asia. In this capacity, Goh will focus on open source and commercial software developments across Asia Pacific, and is responsible for representing the views of BSA member companies before governments and the marketplace in the Asia Pacific region. "he BSA is delighted to have Seow Hiong come on board as Director of Software Policy for Asia," said Jeffrey Hardee, Vice President and Regional Director, Asia, BSA. "With his considerable experience in the technical, legal and policy aspects of technology, Seow Hiong will play a key role in BSA's efforts to promote fair and open competition for software in Asia." "BSA's member companies include those with significant investments in open source models as well as proprietary models, and this is an area of increasing importance for our members," elaborated Goh. "As a consensus-based trade association, we represent the collective views of our member companies to facilitate overall industry growth. Through the course of our work in this area, we aim to engage in discussions and help Asian governments and other key stakeholders better understand the myriad of inter-related issues concerning this subject, with a view to assisting the development of sound policy in the region for economic competitiveness." Prior to joining BSA, Goh was in legal practice with leading Singapore law firm Rajah & Tann, where he provided counsel on technology-related areas involving IT, intellectual property, e-commerce, and telecommunications. Before that, he was a Deputy Director with the Infocomm Development Authority of Singapore (IDA), where he had responsibilities for ICT public policy and development policy issues, and technical responsibilities for ICT security initiatives at the infrastructure, government, and national levels, among other portfolios. He had been in the public service for more than a decade before joining legal practice. His background is in computer science and law. BSA Announces Inaugural Asia Tech Summit 2003-11-27T04:15:00Z bsa-announces-inaugural-asia-tech-summit The Business Software Alliance (BSA) today announced plans for Asia Tech Summit 2003, the first Asian derivative of BSAs Global Tech Summits held in US in 2001, and recently in October 2003. This invitation-only forum, which seeks to examine new ideas and challenges facing Asia in its advance and participation in a global networked economy, will take place on Tuesday, December 9, 2003 in New Delhi, India. This first Asia Tech Summit will be co-hosted by the BSA and the Indian National Association of Software & Service Companies (NASSCOM). Confirmed participants include representatives from the World Economic Forum, from Australia, Lisa Filipetto, Assistant Secretary, Services and Intellectual Property Branch Office of Trade Negotiations, Department of Foreign Affairs and Trade; as well as senior representatives from China, India, Hong Kong, Philippines, Korea and Taiwan. The inaugural Asia Tech Summit will bring together Asian visionaries and international policymakers for an open discussion on various issues and challenges facing governments in the region as they work to develop an information economy. Topics to be addressed include plans and challenges in developing a skilled IT workforce; how to create favorable conditions to encourage IT trade, domestic and foreign IT investment and tech transfer; and what governments are doing to promote e-commerce and e-government. The stage is set for an evolution of sorts. A recent study conducted by IDC revealed that within the next four years, a staggering 65% of the billion-plus Web users in the world will be able to access the Internet with a wireless device. BSA CEOs predicted last month that making the internet safe for all commercial transactions will help internet commerce grow from US$1 trillion last year, to nearly US$6 trillion in the same time frame. Asia is an integral part of an advancing global networked economy. The Asia Tech Summit seeks to explore the considerable opportunities that lie ahead for Asian economies, said Jeffrey Hardee, Vice President and Regional Director, Asia-Pacific. We look forward to diverse and lively dialogues that will help us openly address the complex issues presented by an increasingly connected and borderless world. Kiran Karnik, President, NASSCOM said, NASSCOM is delighted to work with BSA to host the Asia Tech Summit 2003 in India. The Indian IT industry is today a US$16.5 billion industry and is emerging as a leader in the Asian region. The Summit would provide an opportunity to share best practices and build increased alliances amongst the Asian Economies. Confirmed Attendees Include Alex Wong, Director, Communications and Technology Industries, World Economic Forum Chen Chong, Deputy Director, Department of Electronics and IT Product, Ministry for Information Industry, China Chen Xiaozhu, Director General, Department of IT Application Promotion, State Council Informatization Office, China DB Inamdar, Minister of Information Technology, Government of Karnataka, India Fortunato T Dela Pea, Undersecretary, Department of Science and Technology, Philippines John Rutherford, Assistant Director General, Invest Hong Kong, The Government of Hong Kong SAR K. K. Jaswal, Secretary, Ministry of Information Technology, India Kiran Karnik, President, NASSCOM, India Lee Kyo-Yong, Chairman, Program Deliberation & Mediation Committee (PDMC) Korea Lin Chia-cheng, Chairman of Research, Development and Evaluation Commission, Executive Yuan, Taiwan ROC R. Gopalan, Joint Secretary, Ministry of Commerce, India Rajendra Pawar, Chairman, NIIT Limited, India Robert W. Holleyman, President & CEO, Business Software Alliance (BSA) Sordjoeni Moedjiono, Deputy Minister, Ministry of Communications and Information, Indonesia Ends More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About NASSCOM The National Association of Software and Service Companies (NASSCOM) is the apex body and umbrella organization of IT software and service organizations in India, and has over 850 member companies who collectively contribute to more than 95% of revenues of the software industry in India. Its members include software, Internet, IT enabled services and e-commerce companies. NASSCOM aims and objectives include facilitation of trade and business in software, IT services and e-commerce industry; encouraging advancement of research; facilitation of education, employment and growth of the Indian economy. NASSCOM works with the Government of India and various State Governments to formulate policies and procedures in the IT Software and Services sector. As a member of the Asian Oceanian Computing Industry Organization (ASOCIO), a group of computer industry associations from the Asia and Pacific Rim. NASSCOM plays an active role in the international software community. About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe,Apple, Autodesk,Borland, Macromedia, Microsoft and Symantec. BSA (www.bsa.org) members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSA members Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cisco Systems, CNC Software/Mastercam, EDS PLM Solutions, Entrust, HP, IBM, Intel, Internet Security Systems, Intuit, Macromedia, Microsoft, Network Associates, Novell, PeopleSoft, Robert McNeel & Associates, RSA Security, SolidWorks, Sybase and Symantec. Research shows counterfeiting not victimless crime 2003-11-25T20:44:00Z research-shows-counterfeiting-not-victimless-crime Counterfeit software, toys and games are big business, especially at Christmas. But according to a study released today, counterfeiters not only rip off consumers they cost Australian jobs and legitimate Australian businesses hundreds of millions of dollars a year. The Cost of Counterfeiting Study released by the Australian Toy Association (ATA), Business Software Association (BSAA) and Interactive Entertainment Association of Australia (IEAA), found that the direct costs of counterfeiting are largely borne by the legitimate industries that make and distribute original products. However governments, which lose tax revenue because counterfeiters tend to operate outside the tax net; and consumers, who may be deceived into buying non-original and inferior goods, are also impacted. Total lost sales in the Australian toy, software and video games industries was found to be up to $677 million, which conservatively represented $200 million in lost profits, according to the study. The study concluded that a reduction in counterfeiting of just one third over five years, bringing Australia into line with New Zealand and the USA, would have significant macroeconomic benefits for Australia. For example, real GDP would increase by around $41 million per year, representing a gain in net present value terms of $466.3 million, while real government tax revenues would be $34.4 million higher per year, representing a gain in net present value terms of $487.2 million. Speaking today at the launch of the study, which included demonstrations by each industry association on how to identify counterfeit products, the author of the report and director of The Allen Consulting Group, Jeremy Thorpe, said: The costs of counterfeiting are substantial and varied, and while it is becoming easier, faster and cheaper to create counterfeit products, this report clearly shows that the combined costs of counterfeiting far exceed any potential benefits. Key Findings Toys Approximately 52 percent of non-traditional outlets and discount stores appear to endorse the sale of counterfeit products according to ATA spokesperson, Dennis Bond. While this causes significant financial losses to both the industry and government, more importantly it creates serious health and safety risks to small children. We would encourage anyone purchasing a toy to ensure they are in fact purchasing a legitimate, guaranteed product and not being deceived by a copy which has not gone through proper quality assurance and testing processes. o $132 million in lost gross sales for the toy industry in 2002 o $15.7 million in lost profits for toy suppliers in 2002 due to counterfeiting (adjusted for price effects and sales margins) o $3.5 million in lost profits for toy retailers in 2002 due to counterfeiting (adjusted for price effects and sales margins) Key Findings Business Software According to the Chairman of the BSAA, Jim Macnamara, the studys findings support the BSAAs stand and demonstrate the significant economic benefits, which could be gained with more effective enforcement of intellectual property rights in Australia. Australias software piracy rates are significantly higher than other developed markets such as the US, New Zealand and UK. While Australias copyright enforcement has been improved, it is still inadequate to significantly reduce the rates of software piracy and more stringent enforcement is needed to protect businesses and consumers, Mr Macnamara said. Software piracy findings of The Allen Consulting Group study included: o $446 million in lost sales for industry due to counterfeiting; o $142.5 million in lost profits for software supplier due to counterfeiting (adjusted for price effects and sales margins) o $11.9 million in lost profits due for software retailers due to counterfeiting (adjusted for price effects and sales margins) Key Findings Computer and Video Games Piracy is the single most important issue facing the interactive games industry according to Michael Ephraim, President of the IEAA. The Australian market for electronic games is expanding rapidly and this growth is expected to continue through 2004, so future losses from counterfeiting in this industry are likely to grow substantially in absolute terms unless the problem is successfully addressed. The biggest problem area, in terms of counterfeit games production, is the backyard operator who sells the games at markets, or distributes them to friends and family. o $100 million in lost sales for the industry due to counterfeiting o $21.8 million in lost profit for computer and video games suppliers due to counterfeiting o $4.3 million in lost profit for computer and video game retailers due to counterfeiting Consumer Attitudes One of the most concerning factors highlighted by the study is the attitude of the Australian public, who do not perceive counterfeiting as a crime. The results of an AC Nielsen survey, conducted as part of the broader research, showed that around 18% of Australians would knowingly purchase pirated goods if they were slightly cheaper than the original product, rising to about 40% if they were 75% cheaper and almost 50% if the product were free. Up to 17% of households interviewed had knowingly purchased pirated computer or video games. According to Michael Ephraim of the IEAA, While it can be argued that consumers benefit from counterfeiting because they gain access to goods that they would otherwise have to pay (more) for, this is a short term benefit that needs to be considered in light of longer-term costs. In particular, acceptance of property right violations, even if that acceptance is tacit, undermines the fundamental rule of law that underpins our economy. Methodology This study, conducted in 2003, included a detailed analysis of previous counterfeiting estimates in Australia and overseas, the use of confidential industry and firm-specific data on sales and profit margins; a national survey of 1400 Australian households and a rigorous economic modeling methodology (MMRF Green Model) conducted by the Monash University Centre of Policy Studies. What is Counterfeiting? Counterfeiting is the unauthorized duplication of a product protected by one or more intellectual property rights. It may also involve the unauthorized distribution of the counterfeit product, possibly with the intention to deceive the consumer as to the products authenticity. ##### About the BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA) www.bsa.org, which operates globally in 65 countries. BSA members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSAA members include Adobe,Apple, Autodesk,Borland, Macromedia, Microsoft and Symantec. Visit www.bsaa.com.au for more information or call toll free for public enquiries (anonymously if preferred) 1800 021 143. About the IEAA IEAA is the Australian not-for-profit trade association dedicated to serving the business and public affairs needs of companies that are responsible for sales, marketing, distribution and development of computer and video games software, hardware and accessories. IEAA members are the leading organisations in the Australian interactive entertainment industry: Acclaim Entertainment, Activision, Atari Australia,EIDOS Interactive, Electronic Arts, Microsoft, Nintendo Australia, Sony Computer Entertainment, Take 2 Interactive, THQ, Ubi Soft and Vivendi Universal Games. Visit www.ieaa.com.au for more information About the ATA ATA is an independent well resourced industry body representing and servicing Australian industries specialising in products for kids & family leisure, learning and entertainment to enhance their future health and prosperity. ATA members (over 250) include include manufacturers, distributors, importers, retailers, agents and licensors and these represent 90% of total industry sales. Visit www.austoy.com.au for more information. About The Allen Consulting Group The Allen Consulting Group is a leading Australian strategic consulting firm that occupies a niche at the interface between business and government. Established in 1988, the Group has grown rapidly and now has over 40 staff and offices in Melbourne, Sydney, Canberra and Perth. The Allen Consulting Group provides high-quality advice in two broad areas: o economics, public policy and regulation; and o public affairs, stakeholder and issues management. The Allen Consulting Group works across a range of sectors including agriculture, resources, manufacturing, information industries, utilities, transport, banking and finance, health, education and government. BSAA offers free simple Software Management tools 2003-10-28T03:00:00Z bsaa-offers-free-simple-software-management-tools Monitoring and managing software on computer systems, and particularly networks, is becoming increasingly critical for all business and organisations to guard against serious risks from viruses and worms, downloads of illicit material, and illegal software, the Business Software Association of Australia has warned in launching a new education and assistance initiative. The BSAA says small to medium businesses and organisations are most at risk through lack of management of computer software. While large corporations and organisations have dedicated IT staff and strictly controlled computer networks, small and medium size organisations usually have no dedicated IT staff and generally leave the back door open in terms of electronic security and safety of their enterprise, BSAA chairman, Jim Macnamara, said. The BSAA has launched a new Web site offering a range of free tools and resources for implementing a Software Asset Management program, particularly focussed on helping small to medium businesses and organisations. The site www.bsaa.com.au offers free access to: n A Software Asset Manual a comprehensive guide to managing software; n Checklists and tips on how to identify risks; n Assessment and audit forms for tracking software installed; n Links to software tools for monitoring what is installed and running on computers and networks; n Links to training resources. There is also a range of template forms for employers including a Code of Ethics and staff guidelines. The BSAA Software Asset Management Program covers four key steps: Reviewing software installations, licences and procedures including staff access to downloading and systems installation; Rectification of problem areas; Training of employees; and ongoing Management including monitoring of systems. While the BSAAs main focus is on copyright protection, poor software management exposes businesses and organisations to a number of risks. Lack of controls increase the risk of viruses and worms which can destroy data and bring down operations; downloading of illicit materials including pornography by employees can expose an organisation to legal action and damaging publicity; security breaches; and possible legal action leading to fines or damages for use of unlicensed software, Mr Macnamara said. On the positive side, Software Asset Management can benefit businesses and organisations. As well as helping protect a business or organisation from the risks, proactive Software Asset Management can identify software needs and use precisely, which may lead to cost savings through negotiating discounts or special licences with vendors, he said. Mr Macnamara said the BSAA had found through software audits that some organisations had too much software for their needs, while others had too little. Most simply dont know what they have and almost anyone can install and download software, which is a problem, he said. Without monitoring and management of software, businesses and organisations are leaving their back door open day and night electronically speaking, he warned. All of the downloads on the new BSAA site are free. In addition, it provides links to a wide range of third party tools for monitoring and managing software including anti-virus protection systems and network management tools. The site will be extensively promoted through an e-marketing campaign reaching up to 100,000 businesses and organisations via online media banner ads and links, e-newsletters and BSAA member customer lists. Incentives for business Also the BSAA is offering incentives to businesses and organisations to engage in Software Asset Management.Businesses that download software management tools or resources from the BSAA site during its SAM campaign will go in a draw to win a number of training packages to the value of $1,200 each through the Australian Institute of Management. The training is not restricted to IT; winners can choose from any of the AIMs training courses. The BSAA estimates that software represents up to 25 per cent of the IT costs for businesses and organisations. Its research shows that around one in three software programs used in businesses and organisations are unlicensed copies. The BSAA says this may increase with the introduction of broadband, which facilitates downloading from the Internet. If a business or organisation is not managing its software, it may be wasting money. And it is almost certainly exposing itself to a range of nasties through the Internet and risks from employees intentionally or unintentionally loading and running illegal programs and materials, Mr Macnamara said. The new BSAA Web site is live from October 27 and the Software Asset Management campaign will be ongoing as part of the BSAAs education and assistance program for businesses and organisations. Ends More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe,Apple, Autodesk,Borland, Macromedia, Microsoft and Symantec. BSA (www.bsa.org) members develop the software, hardware and the technologies building electronic commerce. Principal issues include copyright protection, cyber security, trade, e-commerce and public policy initiatives that impact the Internet. BSA members Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cisco Systems, CNC Software/Mastercam, EDS PLM Solutions, Entrust, HP, IBM, Intel, Internet Security Systems, Intuit, Macromedia, Microsoft, Network Associates, Novell, PeopleSoft, Robert McNeel & Associates, RSA Security, SolidWorks, Sybase and Symantec. Global piracy study shows Australia tops US, UK & NZ in software piracy 2003-06-03T16:48:00Z global-piracy-study-shows-australia-tops-us-uk-amp-nz-in-software-piracy The average piracy rate for commercial software in Asia Pacific is at its highest level since 1996 and dollar losses in the region in 2002 were at an all time high of US$5.5 billion, according to the Business Software Alliances (BSA) eighth annual survey on global software piracy (www.bsa.org/globalstudy/). The average software piracy rate in Asia Pacific rose for the third year in a row to 55 per cent in 2002, attributable partly to strong growth in demand for software in China, which has the highest piracy rate for software in the Asia Pacific region. In Australia, the piracy rate in 20022 was estimated at 32 per cent, the average for the past six years, equating to losses of around A$220 million for the year (US$138.49 million). By comparison, the New Zealand piracy rate decreased to 24 per cent. US piracy rates hit an all-time low of 23 per cent, currently the lowest piracy rate in the world for commercial software, and the UK increased one point to 26 per cent. Chairman of the Business Software Association of Australia, Jim Macnamara, said it was not reasonable to compare Australias software piracy rate with countries such as China. Rather, Australia as a developed country with visions of being a leader in the Information Age and harbouring local IT development, should be comparable with the US, UK and countries like New Zealand. However, the research shows Australia lagging in copyright enforcement behind other developed countries, Mr Macnamara said. Mr Macnamara said the Australian software piracy rate had hovered around the 32 per cent mark since 1996 which was a sign that not enough was being done in Australia to protect intellectual property such as software. No other industry has to face around one-third of its products being stolen every year. Irrespective of various excuses given and illogical arguments that software piracy is a victimless crime, such losses have a negative impact on industry competitiveness, investment levels and prices, Mr Macnamara said. BSA Vice President and Regional Director, Asia Pacific, Jeff Hardee, said: BSA is very concerned that the average software piracy rate in Asia Pacific is rising in contrast to every other region except for Eastern Europe. If Asia Pacific countries are to realise the economic benefits software generates in an advancing economy, software piracy levels must be brought down, Mr Hardee said. A worldwide study conducted by IDC released in April 2003, estimated that a 10 per cent reduction in software piracy in Australia by 2006 could increase the local IT sector to nearly A$35 billion, boost local industry revenues by A$5 billion, create 7,000 new jobs, and generate another A$728 million in tax revenues. In Asia Pacific, a 10 per cent reduction in software piracy would add 1.1 million new jobs, US$170 billion in additional economic growth and more than US$15 billion in tax revenues, according to IDC. The BSA Global Software Piracy Study was conducted by International Planning and Research Corporation (IPR), an independent research firm. The study evaluated sales data and market information on 26 business software applications in six major world regions encompassing 85 countries. The methodology involved reconciliation of two sets of data: the demand for new software applications and the legal supply of new software applications. The data are derived from two primary sources: software shipment data supplied by BSA member companies and market data provided by MetaFacts, Inc., a technology market research firm. The Business Software Association of Australia believes that software piracy can only be reduced through a four-pronged strategy involving education; assistance to businesses in managing software licences; technological solutions; and litigation. Technological solutions are a decision for individual software vendors and we dont see them as the total solution because a sub-industry develops to find a way around devices such as locks and passwords and also the aim of the industry is to make software easier to use not harder. Therefore, the focus of the BSAA is on positive initiatives such as education to raise awareness of benefits of using legal software and, conversely, the risks of using illegal software; assisting businesses such as with auditing tools; and litigation in serious cases. However, legal measures require the support of the Government and too little is being done in Australia to ensure adequate penalties and criminal action against blatant software piracy, Mr Macnamara said. Ends More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Autodesk, Macromedia, Microsoft and Symantec. The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry before governments and in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates consumers on software management and copyright protection, cyber security, trade, e-commerce and other Internet-related issues. BSA members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, Cisco Systems, CNC Software/Mastercam, EDS PLM Solutions, Entrust, HP, IBM, Intel, Internet Security Systems, Intuit, Macromedia, Microsoft, Network Associates, Novell, PeopleSoft, Robert McNeel & Associates, SeeBeyond, SolidWorks, Sybase and Symantec. Government software piracy initiatives ineffective 2003-04-09T15:29:00Z government-software-piracy-initiatives-ineffective Measures to improve copyright protection in Australia incorporated in the Parallel Importation Bill passed in Federal Parliament in the final days of the last sitting would be ineffective in improving copyright protection for software, the Business Software Association of Australia has claimed. The BSAA said it had closely analysed the initiatives announced in concert with lifting parallel importation restrictions on business software and concluded that they would do little to address Australias software piracy problem. The Business Software Association of Australia and its members including Microsoft, Adobe, Autodesk, Macromedia, and Symantec, did not oppose lifting of parallel importation restrictions, which will allow anyone to import their software products into Australia. However, the BSAA called for measures to help reduce Australias business software piracy rate, which it says could increase with parallel importation restrictions removed. Chairman of the BSAA, Jim Macnamara, said the industry was very disappointed with the initiatives announced by the Federal Government. It has taken years to get the Government to recognise Australia is not meeting its obligations to protect intellectual property under international trade regulations not to mention failing to foster a local software industry and finally when it has acted the measures are inadequate, he said. As part of the Parallel Importation Bill 2002, the Government introduced four measures claimed to assist in protecting intellectual property such as software from being illegally copied and used, namely: n Changes to the provisions for additional damages in civil cases; n Presumptions in relation to ownership of copyright in civil and criminal cases; n An increase in the maximum fine for importation of infringing goods; and n The Federal Magistrates Court has been given jurisdiction to deal with civil claims for infringement of copyright, as well as the Federal Court of Australia which currently handles such cases. Analysis by the BSAAs copyright lawyers has revealed that the new provisions either add little to existing law or contain flaws which it says make them unworkable. Additional Damages The Parallel Importation Bill introduced two new factors for courts to take into account when determining damages: (a) the need to deter similar infringements of copyright; and (b) the conduct of the defendant following the infringement or following notification by the copyright owner of the infringement. Under the existing Copyright Act, Section 115, the court is already directed to take account of all other relevant matters, and existing case law shows that the courts are able to take into account the two factors introduced by the Bill. So it adds nothing of substance, Mr Macnamara said. Proof of Copyright Under previous law, copyright owners were required to prove every element of subsistence and ownership of copyright on products. For instance, Microsoft was required to prove it owned the copyright for Microsoft Office in each case. This involved software owners in expensive and time consuming legal processes including affidavits and sometimes even flying international programmers and technical experts to Australia. The Parallel Importation Bill introduced new presumptions in relation to subsistence and ownership of copyright designed to facilitate proof of ownership in civil and criminal cases. However, the new provisions are defective. They do not cover all of the facts which are required to be proved to establish subsistence and ownership of copyright. For instance, there is no presumption relating to originality of the work, so it will still be necessary to produce evidence of this, Mr Macnamara said. In addition, the main presumption relating to subsistence of copyright relies on the work bearing a label or mark stating the year and place of first publication or making of the work. Since software products do not usually have any such label this presumption is of little value. he added. Increased Fines for Importation of Infringing Goods The Parallel Importation Bill increased the maximum fine for importation of infringing goods from $60,500 to $71,500 for individuals and $302,500 to $357,500 for corporations. In practice this will have no effect as it provides for penalties up to specified amounts when, in reality, the penalties actually handed down by the courts for software infringement are extremely low. The largest fine ever handed down in a software copyright prosecution in Australia was $5,000. The Governments own committee the Australian House of Representatives Standing Committee on Legal and Constitutional Affairs in its report entitled Cracking Down on Copycats: Enforcement of Copyright in Australia issued in November 2000 recommended measures to ensure penalties actually imposed were a deterrent, including introduction of guideline judgments and criminalisation of business end-user piracy (currently illegal copying of software is only a criminal offence if the goods are sold). However, many of the recommendations of this committee have been ignored, Mr Macnamara said. Federal Magistrates Court Jurisdiction for Copyright Cases The Parallel Importation Bill gives the Federal Magistrates Court jurisdiction to deal with civil claims for infringement of copyright. The Governments claim is that this will afford a quicker and lower cost venue for bringing copyright cases. However, in reality, there are serious potential disadvantages for copyright owners in filing cases through the Federal Magistrates Court, the BSAAs analysis claimed. Specifically, the BSAA has pointed out that copyright cases, particularly in relation to computer software, are complex. Already the Federal Court of Australia has encountered difficulties in understanding the issues involved. One case involving circumvention of a hardware locking device fitted to protect Autodesks AutoCAD software went all the way to the High Court of Australia. It is unlikely that the Federal Magistrates Court will have the expertise or experience to hear complex software copyright cases. Furthermore, the process of discovery, a critical stage of gathering evidence in software copyright cases is not allowed in the Federal Magistrates Court unless the Magistrate specifically declares it is in the interest of administration of justice. This is a serious impediment to bringing cases in this court, Mr Macnamara said. The BSAA also argues that costs are likely to be higher in the Federal Magistrates Court as time-consuming affidavits have to be filed at the start of cases and successful copyright owners are awarded only nominal costs which do not reflect the actual cost of bringing the case. We commend the Governments focus on improving protection of software which is valuable intellectual property vital to economic development in the e-economy. But the measures introduced ignored industry advice and the recommendations of Government inquiries and committees, Mr Macnamara said. The Australian Copyright Law Review Committee (CLRC) 1994 report, Computer Software Protection, and the Australian House of Representatives Standing Committee on Legal and Constitutional Affairs (Andrews Committee) report, Cracking Down on Copycats: Enforcement of Copyright in Australia issued in November 2000 recommended amending the Copyright Act to introduce a criminal offence for business end user piracy. As well, the Andrews Committee report recommended introduction of statutory damages in civil cases; guideline judgments for judges in criminal cases; and meaningful easing of onerous proof of ownership provisions for copyright owners. Article 41 of the TRIPS Agreement (Trade Related Intellectual Property), which Australia is a signatory to, provides in part that: Members shall ensure that enforcement procedures as specified in this Part are available under their national laws so as to permit effective action against any act of infringement of intellectual property rights covered by this agreement, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements. Article 61 of the TRIPS Agreement provides in part that: Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary files sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. It is difficult to see how Australia complies with these commitments under the current regime of copyright protection which involves no resources within the Federal Police to bring criminal prosecutions; lack of a criminal offence for business end user piracy; low penalties handed down by the courts; loopholes in legislation; and slow, complex and expensive procedures for copyright owners to take civil action to protect their copyright. Meanwhile, the passage of the Parallel Importation Bill is likely to see an increase in the flow of pirated software products into Australia and reduced capacity for Customs and copyright owners to detect and take action against counterfeits, Mr Macnamara concluded. ##### More information: Toll-free hotline for public inquiries (anonymously if preferred): 1800 021 143 BSAA Web site: www.bsaa.com.au About BSAA & BSA The Business Software Association of Australia (BSAA) is affiliated with the Business Software Alliance (BSA), which operates globally in 65 countries. BSAA members include Adobe, Autodesk, Macromedia, Microsoft and Symantec. The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal online world. BSA is the voice of the world's commercial software industry before governments and in the international marketplace. Its members represent the fastest growing industry in the world. BSA educates consumers on software management and copyright protection, cyber security, trade, e-commerce and other Internet-related issues. BSA worldwide members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC Software/Mastercam, Internet Security Systems, Macromedia, Microsoft, Network Associates and Symantec. BSA regional members in Asia include Robert McNeel & Associates, SolidWorks and Unigraphics Solutions (EDS).