SEARCH, INDEX, UPDATES, CONTENTS, SOFTWARE, Business Software Alliance
The Business Software Alliance (BSA) is a government-backed organisation funded by the major software manufacturers (for example, Microsoft).
It has taken an aggressive approach which has received considerable criticism.
If you receive a questionnaire, you should complete it honestly and on no account to ignore it or throw it away. You may wish to consult a solicitor.
The BSA has been set up with the objective of ensuring that the major software companies receive full licence fees for software. Its powers are extensive. For example, BSA representatives have the power to enter a company’s premises with an Anton Pillar Order and accompanied by a police officer. They are permitted to examine a company’s computer system, back up disks etc. for pirated software and take action accordingly.
In the past, the BSA selected businesses for examination either by their size or on the basis of tip offs. It has run a national “shop your employer” campaign which encourages anonymous reporting. There is no need for the BSA to obtain evidence in order to get an Anton Pillar Order and its actions can be very disruptive. Any business or private individual can be targeted.
If the BSA finds pirated software at the business’s premises it has a number of options open to it -
Its declared policy is to “name and shame” those businesses which use pirated software.
The BSA is carrying out a massive project with the objective of creating a database of information about software held by businesses. Questionnaires have been sent out to businesses asking for information about the software used. If a business fails to respond it will automatically be visited by the BSA. Those businesses which do respond may be randomly visited to check the answers given on the questionnaire. The questionnaire contains a declaration to be signed by the managing director, senior partner or proprietor to confirm that the business is not using pirated software. If the declaration is given negligently or incorrectly and pirated software is found on a visit to the premises, the person signing the form may be liable to prosecution for misdeclaration.
A copy of the letter which the BSA has sent to businesses who do not reply is shown below -
Business Software Alliance, Europe, PO Box No. 25183, London SW1X 7ZS
It is important that we receive your information by return, so that we can prevent your company’s details from automatically entering BSA Software Watch - a database of companies that we are concerned may be at risk of software mismanagement.
Penalties for ignoring copyright law are real - as the enclosed press clipping show. Company officers are responsible for ensuring that their staff are operating within a legal software environment and face the risk if imprisonment of their company breaks the law. Furthermore, the financial implications of civil action and/or criminal prosecution can far outweigh the cost of purchasing all software used. Of course, damage to an organisation’s reputation can also be irreparable.
It is highly advisable for companies to regularise their situation regarding these matters and to return the duplicate SOFTWARE DECLARATION FORM enclosed within the next 7 days. If you are in any way unsure about the legality of your current situation, you can also request a free copy of the BSA Guide to Software Management.
Companies whose software is fully licensed will benefit by completing their 1998 Software Declaration Form, to ensure that we do not inadvertently include their details on BSA Software Watch. With your co-operation, the full force of the crackdown on illegal software practices will be directed at companies that do not pay for their software.
If you have recently returned your original form, we apologise for writing to you on this matter again.
Yours sincerely,
Emilia Knight, Vice President & Managing Director
A reward of 10% of any recovery value up to £10,000 will be paid for reporting piracy information which leads to successful judgment or settlement.
Reminder - disclaimer applies. Please feedback your comments. This page was last modified 4 November 2002.