The following information is sourced from the Business
Software of Australia web site.
The Copyright Act - and how you are at risk
To copy software or accompanying documentation (eg. manuals), without the permission of the copyright owner
To knowingly distribute unauthorised software
To run a copyrighted software program on two or more computers simultaneously unless the licence agreement specifically allow this (i.e. a multi-user or site licence)
For companies to authorise, encourage, allow, compel or request employees to make, use or distribute illegal software copies
To make unauthorised copies of software because a superior, colleague or friend requests or compels it
To import software into Australia for commercial purposes without the permission of the copyright owner
To distribute software which has been imported into Australia without permission of the copyright owner
To withhold knowledge that the criminal law against unauthorised software copying is being breached
To loan software so that a copy can be made, or to copy software while it is on loan
Infringement of copyright may constitute a criminal offence, exposing individuals and companies to substantial penalties and in the case of individuals, even imprisonment. Fines up to $93,500 (in the case of an individual) and $467,500 (in the case of a company) can be imposed under The Australian Copyright Act 1968 for criminal cases of copyright infringement. An individual may also be sentenced to a maximum of five years imprisonment for each offence. Both companies and individuals can be liable for unlimited amounts in damages under civil legal action.
Alternatively or in addition, users of illegal software may be subject to civil legal action resulting in awards of damages and court costs of an unlimited amount. In Australia, several civil cases brought through the Business Software Association of Australia (BSAA) have resulted in damages settlements of $100,000 or more.
Under Australian law, company directors may be held liable for illegal copying or use of software in their company, as well as individuals directly involved in illegal copying.
The following checklist will assist to ensure your software is legal and that you avoid the risks associated with illegal software;
Ensure senior management awareness & commitment.
Understand licence agreements.
Have signed Employee Compliance Statements.
Educate users (eg staff guidelines, notices, etc).
Have a Software Code of Ethics.
Establish a Software Register.
Keep original disks locked away.
Appoint a Software Auditor.
Conduct unannounced spot checks.
Conduct occasional software audits.
Yes, the BSA can be granted an Anton Piller order that is
similar to a search and seizure warrant. If a Vendor has reasonable grounds for
believing that illegal software copying is occurring within an organisation and
that evidence may be destroyed if notice is given, then the Vendor may apply to
the Court for an Anton Piller Order.
This is an order that requires persons in charge of the premises to allow the
Vendor and representatives of the Vendor to enter company property for the
purpose of searching for and seizing illegal copies of software, manuals and
other documents that indicate that software theft has occurred.
For obvious reasons, no advance notice is given of when the Vendor's
representatives and solicitors arrive at the premises for the purpose of
carrying out the search.
Material seized on the search is used as evidence in the proceedings for
infringement of copyright.
The BSA reward applies to information leading to a successful copyright infringement action in relation to the use of unlicensed software, but does not apply to information regarding software dealers or distributors. The reward payment is subject to conditions that must be signed and accepted by the informant. The informant must agree to give evidence on the BSAA's behalf that usually involves signing an affidavit. To be eligible for the reward BSA cannot guarantee confidentiality of the informants� identity, which could be disclosed during a court action.
Further information, including draft policies, employee undertakings, newsletter and memo formats can be found at the following web site. :- http://www.bsa.org