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Europe,
Middle East & Africa
End user
raids in Varna
Bulgaria On 2 November 2001, officers
of the regional bureau of the NSFOC in the city of Varna raided the offices
of a cable TV station and an Internet computer game club. In the TV station,
one PC loaded with allegedly illegal copies of Microsoft products was
seized and another 13 PCs were seized from the computer game club. Allegedly
illegal copies of BSA member companies' business and entertainment software
products were found on the PCs in the club. Preliminary police investigation
was initiated in both cases.
First
software crime settlement
Croatia On 20 December 2001, BSA
members settled with Edukon d.o.o., a computer school in Zagreb, to cover
illegal use of Adobe, Macromedia and Microsoft products for HRK 30,000
(approximately US$3,500). The school legalised all software in use and
will sponsor educational courses on computer literacy for officers of
state institutions engaged in fighting software crime. The school will
also help disabled persons whom Edukon d.o.o. and the BSA found to have
a real need for computer education. The whole scheme will cost HRK 70,000
(US$8,258).
Judgment
against reseller
Croatia
On 29 November, the Municipal Court passed a final judgment
against a reseller in Dubrovnik for a six-month suspended prison sentence,
with a one-year probation period, for copying, using, advertising and
selling illegal software via the Internet. In addition, CDs containing
illegal software were seized and destroyed.
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Imprisonment
and confiscation of PC
Czech Republic On 31 October, a District
Court issued a criminal order against a reseller and sentenced him to
10 months' imprisonment, with probation for two years, and ordered confiscation
of one PC and 144 CDs.
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Ministry
of Culture steps up end user raids throughout Egypt
Egypt The Egyptian Ministry
of Culture has recently been cracking down on end user piracy throughout
the country.
- 6th
of October City The Ministry of Culture raided two end user
companies in the industrial 6th of October City. The raids uncovered
12 PCs loaded with illegal copies of Microsoft Windows and Microsoft
Office software. Cases pending
- 10th
Ramadan City The Ministry of Culture raided three end users
in 10th Ramadan. The raids uncovered 36 PCs loaded with illegal
copies of Microsoft Windows 98 and various versions of Microsoft
Office software.
- Alexandria
Ministry of Culture officials raided two end users in Alexandria.
The raids uncovered 48 PCs loaded with illegal copies of Microsoft
Windows and Office software.
- Cairo
The Ministry of Culture raided four end user companies owned by
the same person, uncovering 31 PCs loaded with illegal copies
of Microsoft Windows and Office software. The four end users proceeded
to legalise their software the day following the raid.
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Internet
pirate arrested
Greece Greek police have arrested
a person responsible for what is believed to be the biggest Internet pirate
operation in Greece. The target is a US citizen who was operating a Web
site, selling thousands of software products, games, videos, CDs, DVDs,
and decoding cards for TV subscription services throughout Greece and
other European countries. Police searched his home, studio and car, and
seized more than 30,000 titles, numerous computers, scanners and printers.
The individual has been arrested and placed on remand pending a further
hearing. He is likely to face the most severe charges of copyright infringement,
which carry penalties of 10 years' imprisonment and a fine of up to €58,700
($50,000). The raid followed joint action by the BSA and local representatives
of the film and music industries in Greece. The raid was widely publicized
on Greek TV and in the press services.
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Major
supermarket end user raid conducted in Hungary
Hungary Based on a Business Software
Alliance criminal complaint, at least eleven different police departments
carried out raids at a number of offices and stores of a major supermarket
chain throughout Hungary. The police confiscated a couple of hundred PCs
with illegal BSA members' software installed on them.
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The
BSA settles with a number of Irish companies
Ireland The BSA has recently settled
with seven Irish companies which were found to be using unlicenced BSA
member software. Below are some highlights:
- Following
the issuing of legal proceedings, the BSA entered into a settlement
with a Dublin-based research company for €19,725 (US$18,100) to
cover illegal use of Microsoft products.
- Following
a civil search in November 2001, the BSA entered into a settlement with
a Cavan-based architects company, for €12,697 (US$12,000) to cover
illegal use of Adobe and Autodesk products.
- Following
the start of legal proceeding into a settlement with a Dublin-based
engineering company for €9,523 (US$8,500) to cover illegal use
of Autodesk products.
- Following
legal proceedings commenced in October 2001, BSA entered into a settlement
with a Dublin-based fast food restaurant, for €6,348 (US$5,600)
to cover illegal use of Microsoft products.
- Following
a civil search in July 2001, BSA entered into a settlement with a Dublin-based
software design company, for €38,092 (US$34,000) to cover illegal
use of Microsoft products.
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Settlement
with Ram Computers on hard disk loading
Israel Securing a civil warrant following
a test purchase, Microsoft obtained cooperation of the authorities in
raiding Ram Computers. Only a single hard disk loaded computer was seized
in the search and the defendants sought cancellation of the warrant, however
they withdrew their motion following cross-examination of the attorney
for plaintiffs. The judge encouraged the parties to settle and, on 11
December, in open court, the parties signed an agreement under which the
reseller will pay 42,000 NIS (US$9,900).
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Several
Israeli companies heavily fined
Israel Following out-of-court
settlements and criminal convictions, several Israeli companies
have been ordered to pay substantial damages to Microsoft. Both
Computer House and AB Computers settled out of court for the total
sum of 95,000 NIS plus VAT (US$21,230). While Gonen Computers and
Soly Computers were ordered by the court to pay a total of 80,000
NIS plus VAT (US$18,165).
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$40,000
fine for hard disk loading reseller
Ivory Coast In January, a reseller
in the Ivory Coast was ordered to pay 30,000,000 FCFA (approximately $40,000)
to Microsoft after being caught hard disk loading - that is, copying unlicenced
software onto a PC for sale. This sum amounts to a punitive fine, and
Microsoft has the right to claim additional damages. The reseller may
appeal this decision.
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National
Library conducts major reseller raid in Amman
Jordan Officers of the National Library,
which is empowered to enforce the Copyright Law in Jordan, recently raided
one of Jordan's best-known resellers in Sweifiyeh, a commercial neighbourhood
in Amman. The reseller was caught red-handed selling a PC loaded with
illegal copies of Windows 98 and Office 2000 software. The case has now
been transferred to the public prosecutor's office for further criminal
proceedings. In a separate case, a first instance Criminal Court issued
a landmark judgment against a reseller dealing in Autodesk and Microsoft
products. The raid, over a year ago, was instigated by a formal complaint
by BSA members before the public prosecutor. In its judgment, the court
imposed a three-month jail sentence against the proprietor of the shop,
as well as a fine of US$1,500.
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Courts
impose fines against pirate resellers
Kuwait The Criminal Court of First
Instance issued its judgment against two pirate resellers that had been
raided by the Ministry of Information further to BSA complaints. In each
case, the court imposed a fine of 500 Kuwaiti Dinars (US$1,630) and ordered
the confiscation of all infringing copies of software found on the premises
of the resellers during the raids. One of the cases was transferred to
the civil courts for assessment of the compensation claim that the BSA
is pursuing. In October and November, the Ministry of Information raided
three separate resellers and seized a total of nine PCs loaded with unlicenced
software. Two of the resellers were located in Ibn Khaldoun Road, the
major road for computer shopping in Kuwait City.
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Beirut's
state-of-the-art Microsoft Electronic Library (MEL)
Lebanon
In Lebanon, where there is only one personal computer for every
25 people, Microsoft has helped to create a state-of-the-art electronic
library, equipped with IT workstations, software and Internet connections.
Housed in the Beirut Children's Science Museum and opened in May
2000, one of the key goals of the Microsoft Electronic Library (MEL)
is to give a chance to children who would normally have no other
exposure to IT. The Museum includes four learning modules which
cater to children in four different age groups from 3 to 15 years
of age. The interactive learning modules can be completed in Arabic,
French, English and Braille, and are taught by skilled IT professionals
- the goal being to generate interest in technology and provide
children with a critical skill base. In addition to the electronic
library itself, a technology lab at the Museum offers an expanded
curriculum providing students with additional ITskills and experience.
Through the courses, students acquire the tools they will need to
help themselves, their communities and their country grow in the
future.
www.microsoft.com/middleeast/inthecommunity/
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First
Internet case in Lithuania
Lithuania On 17 October 2001, following
a referral from the BSA, the tax police initiated the first ever criminal
case against Internet pirates in Lithuania. They searched the pirates'
premises where they found 10 PCs, 3,000 CDs with various software programs
and several packages with illegal software prepared for distribution.
The pirates were manufacturing and distributing illegal software all over
the world, including the UK, US, Germany and Australia.
First
criminal judgment under new Criminal Code
Lithuania On 20 September 2001, a
District Court entered a criminal judgment against Mr Astrauskas, general
manager of Datonus (raided in June 2000), imposing a fine of 25,000 Litas
(US$6,250) and ordering the company to pay 300% compensation amounting
to 113,907 Litas (US$28,475) in civil damages. On 26 September, a District
Court pronounced two civil judgments against end users for software piracy.
The first company, Sagra, which had been raided on 19 March 2000, was
ordered to pay a fine of approximately US$11,900. The second company,
Panev io spaustuv, raided on 20 June 2000, was ordered to pay a fine of
US$2,900. Both of these fines represent 200% compensation compared to
the retail price of the software.
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The
BSA and WIPO co-host Copyright Conference for North West Africa
Morocco On 8 and 9 November 2001,
the BSA and WIPO, in cooperation with the Moroccan government, held a
conference in Rabat titled "Copyright in the Context of Information Technology"
for nine African countries: Egypt, Algeria, Morocco, Tunisia, Nigeria,
Ivory Coast, Ghana, Cameroon and Senegal. The delegates included the Ivorian
Minister of Culture, the Moroccan Minister of Culture, the heads of the
Copyright Offices, leading judicial figures and public prosecutors. Several
BSA, WIPO and other invited speakers addressed subjects ranging from international
treaties covering copyright law, regional enforcement best practices,
Internet piracy, the scourge of counterfeiting and the economic importance
of fighting software piracy. The conference concluded with a workshop
session in which participants were separated into three groups which debated
the different measures that can be taken in order to reduce software piracy.
Recommendations included an increased focus on the need to enhance enforcement
practices and employ various methods aimed at increasing awareness of
software rights. The conference received broad media coverage in the Arab
world - particularly in Egypt and Morocco - and in Nigeria.
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Illegal
software settlement in Hemsteede
Netherlands On 17 December 2001,
the BSA settled with an import/export company in Hemsteede, for e40,840
(approximately US$36,890) to cover illegal Adobe, Macromedia, Microsoft
and Symantec products discovered during a November 2001 BSA raid.
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BSA'S
campaign against end user piracy starts with a bang
Nigeria Further to a claim filed
by the BSA, the Federal High Court issued an Anton Pillar order against
a leading architects' firm that has refused to legalize its use of software
despite several warning letters by the BSA over the last two years. The
Anton Pillar order was executed in the presence of officials from the
Nigerian Copyright Commission and the police authorities. The search revealed
that the said company had loaded all computers used on its premises with
illegal copies of software belonging to BSA member companies. This was
the first judicial action in Nigeria against end user piracy and it received
broad media coverage. This milestone in the anti-piracy effort in Nigeria
comes hot on the heels of a massive enforcement campaign against reseller
software pirates.(contact: nasserak/i-meekm)
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Authorities
raid yet another end user in Muscat
Oman Further to a BSA complaint,
Oman's Ministry of National Heritage and Culture raided an end user in
Muscat and found 19 PCs loaded with illegal software including Windows
95, Windows 98, Office 97, Norton AntiVirus 2000, and AutoCAD 2000.
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3,500
CD-Rs seized
Poland On 12 October 2001, the police
in cooperation with the BSA raided a reseller that was distributing illegal
software over the Internet. Police seized more than 3,500 CD-Rs with a
large number of Microsoft, Adobe, Corel and Autodesk software. Four suspects
were detained. One of whom was a postman who was involved in distribution
of orders. The police confiscated the resellers' list of 700 clients.
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Seminar
for judges and prosecutors in Romania
Romania BSA representatives gave
a presentation on the 'Legal Protection of Software Copyrights' to 35
judges and prosecutors from Bucharest Courts and Prosecutor Offices, during
a seminar organised by the National Institute of Magistrates and Ministry
of Justice. The presentation included a review of the Romanian Copyright
Law, examples of main debates in court, types of software piracy and case
examples, information about licences and the movie created for the National
Program of Software Piracy Prevention. The judges and prosecutors were
very interested in the topics and participated in the debates provided
by the BSA.
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Eight
months' suspended sentence
Russia On 30 October 2001, the Ostankinsky
Court of Moscow delivered a judgment against a CD-ROM reseller raided
by the police on 5 July. The infringer was selling CD-ROMs in a trading
booth at the Savelovsky market in Moscow. During the raid, the police
seized CD-ROMs with illegal copies of Microsoft software. Total value
of the programs involved was US$17,000. The Court found the reseller guilty
of violating Microsoft's copyrights and sentenced him to an eight-month
suspended prison term.
Russian warez site linked to compilation CD-Rs found in the Netherlands
Russia Russian ISP Zenon closed a site which contained cracks
and serial numbers for over 30 BSA Member products within
12 hours after a take-down notice was sent and replaced the
infringing site with the BSA banner. After sending a warning
notice to the content provider behind the site, a reply was
received informing the BSA of other pirate Web sites. The
BSA has taken action against these sites. The website is suspected
of being the provider of over 6,000 counterfeit CD-Rs destined
for Nigeria, that were seized by customs earlier this year
in the Netherlands.
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First
prison sentence
Slovenia At the end of November 2001,
convicted software pirate R. Hostnik started his six-month prison term
in the state penitentiary. The BSA initiated the case with a criminal
complaint in 1994 and, in June 2001, the Higher Court confirmed the District
Court's conviction for a prison term of six months. This is the first
case in Slovenia, both in the field of software crime and Intellectual
Property law generally, where an infringer was actually imprisoned.
Final
conviction of end user by judge for misdemeanours
Slovenia The Judge for Misdemeanors
of Trzic in northern Slovenia has convicted an end user and small business
firm for using 17 unlicensed copies of software. The procedure resulted
from searches and complaints conducted by the Market Inspector of Slovenia
in April 2001, under the 1995 Copyright and Related Rights Act, as amended
in 2001. After the search by the Market Inspection - the defendant presented
licenses for some of the programs used, erased the other illegal copies
from his computers and bought new legal copies of other programs. Because
of this, the Judge issued only a warning to the defendant, without other
penalties. The decision became final on 1 October 2001.
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Pirates
learn the hard way
United Arab Emirates Following BSA
complaints, the Dubai Ministry of Information (MOI) raided two resellers
that had put up stands at the annual GITEX exhibition. The MOI officials
seized a total of six PCs loaded with illegal copies of Windows ME, Windows
98 and Norton AntiVirus software, and ordered the immediate closure of
both stands.
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