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    Microsoft Drafts Consumers In Fight Against Software Piracy: Carrot And Stick

    Published on 6 December 2009 @ 8:33 pm

    By for Intellectual Property Watch

    US software giant Microsoft said Thursday that users globally have started to join the fight against software piracy by sending in over 150,000 reports about problems with fake Microsoft products over the last two years.

    On Microsoft’s Consumer Action Day, the Redmond, Washington software company announced 200 legal actions and raids, educational and informational projects, held press conferences with governments and industry associations and hammered its message to the international press: users not only lose by by rising amounts of pirated software, but also face risks to their IT security.

    “It may not be about life and death as with fake medicine”, said Swantje Richters, corporate attorney at Microsoft Germany at a 3 December press roundtable in Munich. “But if an intensive care unit machine were to fail because of fake software with a virus in it, it’s getting close,” she said.

    Fake medicine, faked Gucci bags and pirated software – all the same? “In principle, yes”, said the Microsoft experts at the Munich roundtable. “In all these cases, companies invested in their intellectual property that is infringed,” said Jutta Herzog, anti-piracy lead at Microsoft in Germany.

    Herzog explained Microsoft’s effort to bring the “IP issue” to German schools for which Microsoft offers teaching materials to explain how it hurts when “their intellectual property is taken away by somebody else.”

    So far, it is “uncool* for students to have legal software, as the hacked version is seen as much cooler, the Microsoft experts said. Actions for schools and universities also were reported from China, Greece, Slovenia and Lebanon. Also some partnerships with academic institutions or grants for students in IP law are on the long list.

    More training was targeted to law enforcement (Bosnia-Herzegovina, Botswana, Cyprus, Hungary, Latvia, Poland, Romania, Slovakia, Slovenia, Spain, and Hong Kong) and judges (Hungary, Bahrain, Egypt).

    Special public-private “Anti-Piracy Treaties” were signed by Microsoft and other industry players like the US-based Business Software Alliance along with government authorities in Guatemala, El Salvador, the Dominican Republic and Panama.

    And with regard to enforcement, raids were staged in half a dozen countries, the biggest in China. In Russia, Microsoft announced 27 cases against resellers that were involved in the sale of thousands of illegal software copies. In Germany, 10 civil right complains and two criminal law complaints were announced.

    Microsoft at the same time tried to underline that they they are prepared to announce that users that were unknowingly buying fake software are eligible to receive free legally licensed products from Microsoft – another carrot in addition to the enforcement stick. Yet the tricked consumers have to give proof showing their receipt and a statutory declaration about the transaction, and they have to hand over the wrong product. Those who bought online are excluded, Richters said.

    Meanwhile, the growing influence of private companies like Microsoft over the issue of enforcement of intellectual property rights is leading to concerns of non-governmental and academic groups in the Arab world for example. Several regional experts expressed their concerns to Intellectual Property Watch.

    They are afraid that development, fair use and access to knowledge aspects might go under when governments side with only one of several stakeholders and academic activities are sponsored heavily by IPR owners.

    Monika Ermert may be reached at info@ip-watch.ch.

     

    Comments

    1. @LawNewsAsia says:

      Any day now we’re going to see social media piracy reporting incentives … (-:

      “Report piracy to @MicrosoftPiracy and win a free copy of Windows 7″…


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.