RE: FN-FORUM Legality of dodgy software

date posted 24th December 2002 11:47

DANGER!!!

With the best will in the world please DO NOT contact the bsa. They are not
what they appear to be. I have had several encounters with them on behalf
of my clients. Basically about 3-4 years ago they started sending out
questionnaires to companies demanding that they release all the information
about all of their computers and all of the software on them. The
information booklet they supplied listed so called previous examples of
their prosecutions and the coverage of them in national newspapers but
didn't give specific dates. The also claimed to have a legal right to enter
and search any premises for illegal software (without any form of warrant).

When I contacted them they also claimed that any software that they could
not substantiate any license for would incur a charge of ?500 per use and
this would be passed onto the copyright holder (less a handling charge).
When I asked them what would happen if the software was bespoke they said
the charge would still apply.

After even more ridiculous conversations with them they said that they could
supply valid licenses for all software at a price, here is where the truth
lay (IMHO). This company are a software sales company who use very
threatening letters to promote their sales. I did do some research into the
example prosecutions which they claimed only to find there had been no such
cases and that the newspaper articles had also been fabricated. Further to
this I suspect that no amount of any license fee which this company has
charged for anything other than standard/oem products has ever been passed
onto the author/publishers. I did contact FAST (Federation Against Software
Theft) and they did express their concerns about this organisation and their
tactics. I supplied one of the letters sent to my clients by this
organisation (and they were all the same) to my solicitors who seemed to
think that it was a very threatening sales letter and was borderline with
obtaining money with menaces.

The whois record for this companies domain provides a link to a company
called INTERSOFTCORP.COM, who (no surprise) develop and sell
software/hardware solutions. At the time of my encounter with this
organisation they only had a US office in Washington.

Another thing to consider is why would any legitimate organisation who is
interested in "upholding the law" and "not making a profit" firstly offer to
sell licences for any illegal software (its a bit like a police officer
saying "well if you go buy your tax and insurance for your car now you won't
be prosecuted"). The final thought is why would they need to offer "*A
reward of 10% of any recovery value up to ?10,000 will be paid for
information which leads to successful judgment or settlement."

IMHO these people are sharks and should be avoided at all costs.

2p


Regards


Darren Spink

TEL: +44(0)113 253 4750
FAX: +44(0)113 253 1686
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-----Original Message-----
From: [EMAIL REMOVED]
[EMAIL REMOVED] Behalf Of Matt
Sent: 24 December 2002 01:04
To: [EMAIL REMOVED]
Subject: RE: FN-FORUM Legality of dodgy software


I don't know legally but if you want to keep the client it's probably
best to keep schtum.

You could always report it to the BSA (http://www.bsa.org/uk/) who may
send the boys round.

Matt

> -----Original Message-----
> From: [EMAIL REMOVED]
> [EMAIL REMOVED] On Behalf Of Bob Dowler
> Sent: 24 December 2002 00:52
> To: [EMAIL REMOVED]
> Subject: FN-FORUM Legality of dodgy software
>
>
>
>
> If you happen to find that a client's software is all
> unlicensed, what are you legally bound to do?
>
> Report it to the most senior person on site (MD, Director,
> Partner or type)- in writing of course.... Report it to an
> authority - whoever that may be.... I have a client that I
> have discovered has no legal software at all, at least a
> dozen PC's. operating systems, professional graphical design
> software all a bit iffy... What do you do?
>
> Bob
>
>
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