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Software Compliance

Software Licencing is important! Non-compliance with software licenses is illegal and carries with it the potential for hefty fines, civil court case damages and jail sentences.

A corporate Software Licensing Plan can be drafted to recognise the serious consequences of non-compliance and can be used to demonstrate compliance or identify measures to rectify any deficiencies in the software licensing agreements.

What is illegal ?

Software copyright infringement can occur through:

Individual copying of programs (eg. From friends or colleagues)
Corporate copying at work
Hard-disk loading of illegal copies by unscrupulous dealers
Internet downloading of illegal (very cheap) copies (eg. From pirate sites)
Counterfeiting which is the production of illegal copies (eg. CDs).
Use of some cheap software bought in other countries.

Penalities for Non-Compliance

Under the Copyright Act in Australia, making illegal copies for sale is a criminal offence,

Companies found to be using illegal copies of software is a criminal offence,

offenders are liable for:

Fines up to $93,500 and /or up to five years imprisonment for individuals
Fines up to $467,500 and/or up to five years imprisonment per offence for directors and/or companies.

Making or using illegal copies of software for personal use or at work is a civil offence under the Copyright Act and offenders are liable for damages of an unlimited amount (determined by the Court) and court costs.

Directors Liability

Under Corporate Law in Australia , directors of companies may be held liable for infringements under the Copyright Act even if they are not directly involved and can face personal legal action, civil court case damages and jail sentences. .

How Do People Get Caught ?

There are many organisations that concern themselves with software piracy, Some in Australia are - Microsoft Corporation (MS), the Business Software Association of Australia (BSAA) and the Software & Information Industry Association (SIIA). All rely on individuals reporting non-compliant organisations and offer substantial rewards for information that leads to a successful conviction or civil court case. Microsoft also use the software to do the reporting to them and will not allow non complient software to get any updates. In many cases these reports are made anonymously but typical individuals that might have a motive for making such a report include: disgruntled employees, unhappy customers, ex-employees or competitors, customers with a grudge.

Rewards for Reporting Non-Compliance

Microsoft Corporation offers up to US$2.000 to informants who report verifiable cases of personal end-user piracy

Microsoft Corporation offers up to US$20.000 to informants who report verifiable cases of corporate piracy

The BSAA offers informants A$5,000 for reporting an unlicensed use of software where copyright infringement action is successfully taken.

The SIAA offers up to US$50,000 to informants who report verifiable cases of corporate end-user piracy.

More Information

For more information or to have a WJMac Software Compliance brochure emailed to you, please complete the enquiries form below or