Wednesday, August 26, 2009

BSA to launch online campaign

       In an attempt to reach the younger generation and IT savvy users, the Business Software Alliance will launch Super Hero online video campaign via YouTube throughout the Asia Pacific region including Thailand next month.
       The video campaign aims to motivate the people to inform the authorities about illegal usage of software, according to Roland Chan, Business Software Alliance (BSA) Senior Director of Marketing, AsiaPacific.
       Meanwhile the BSA will raise awareness through online and offline channels to attract more users calls to the BSA hotline (02-714-1010) for legal action against copyright violators to receive an award of up to 250,000 baht.
       "Clearly, the recession has led some people to call the hotline as a way to make up for lost income and to ease economic pressures and cash rewards for anonymous tips about software piracy are gaining favour among corporate managers and employees," said Chan.
       Each year Thailand has 500-1,000 calls to hotline numbers and this year expects to get more from the new activities. In the first eight months of this year police raided more than 60 companies suspected of netting more than 150 million baht in unlicensed software.
       "Among the hotline tips we receive are those about companies using unlicensed dictionaries without paying fees to the Thai Software Enterprise. Utilities software such as antivirus software is still the most popular for illegal use."
       Moreover, there is a new viable option for copyright holders to sue illegal users though the Thai Central Intellectual Property and International Trade Court to compensate their losses.
       In a recent case, the court awarded the maker of design and engineering software 1.8 million baht in damages.The decision was based on evidence that the defendant infringed the software developer's copyright.
       The court arrived at damages of 1.8 million in consideration of the value of the software, plus interest owed the plain-tiff starting from the date on which the defendant began using the unlicensed software.
       The case began in late 2005 when a police investigation and subsequent police raid at the company's offices discovered unlicensed software being used by employees. Following a conviction in the criminal courts, lawyers for the plaintiff brought a civil case against the defendant, which culminated in victory last month.
       The defendant, a 100 percent Thaiowned company, has registered capital of approximately 150 million baht and annual revenue of approximately 250 million baht.
       Leonard Yeung, Autodesk's Asean Licence Compliance Manager, said that the court's opinion demonstrates once again that there are criminal and civil liabilities to be faced by companies in Thailand that use counterfeit or unlicensed copies of software in their business practices.
       This case represents the second decision in favour of software developers.In January,2009, Autodesk won a milestone case as the first software development company to bring legal action against a company accused of using its software without licensing. In that case,Autodesk was awarded 3.5 million baht by the Thai Central Intellectual Property and International Trade Court.
       Chan continues that it is possible that these two cases will encourage more software developers to take action at a civil level. However, fighting to this has high legal is costly and takes long process,which is why more than 50 percent of cases are settled out of court.
       There are several positive signs to make Thailand piracy rate in 2009 reduce from central government policy and strong police enforcement and compensation to copyright holders.
       A BSA-IDC study revealed that Thailand's PC piracy rate in 2008 was around 76 percent with a value loss of US$609 million, dropping two points from 2007 and 80 percent in 2006. Thailand ranks eight out of 19 Asia Pacific economies.

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