In the rest of the world, Microsoft stated that it has been getting strong
support to curb piracy business. How much support it is getting from the Indian
government?
Software piracy is a far-reaching and serious problem not only for India but
also for economies around the world. According to the BSA-IDC Fifth Annual
Global PS Software Piracy study, globally piracy rates were as high as 38
percent (increase of three percentage points during the last year) and this
amounted to losses of $48 billion (increase of nearly $8 billion during the last
year). India itself lost $2 billion in 2007 to software piracy, a substantial
increase from $367 million in 2003. What compounds the impact of the piracy
menace further is that piracy affects the entire economy and therefore requires
for the entire ecosystem-governments, legal bodies, industry associations,
channel and vendors to come together and address it.
In India, through concerted efforts by the government as well as the
judiciary, software vendors and channel, we have seen a steady growth in
customers purchasing original softÂware. The Indian government has recognized
the contribution and vast potential of the IT sector as an economic driver and
the corresponding importance of reducing software piracy. Today, more than ever,
the government and industry are working on strengthening IP policies, educating
consumers and businesses on the benefits of using legal software, introducing
enterprises to ways to manage their software assets, and undertaking concerted
enforcement actions against those who manufacture and trade in counterfeit
software.
Besides this, we are also collaborating with various channel associations
including Confed-ITA, Surat IT Association (SITA), Traders Association of IT (TAIT)
Mumbai etc against the menace of piracy-by creating a clean, safe and healthy
ecosystem. Under these partnerships, we aim to drive education and awareness on
the perils of piracy and the value of original software. In fact, these
associations are today insisting that their members stop indulging in software
piracy and encourage them to use and only sell original software products.
 |
David Finn
Associate General Counsel-Anti-Piracy and Anti-Counterfeiting
Microsoft Corporation |
What is the strategy you have adopted?
Microsoft has adopted a three-pronged approach called the Original Software
Initiative (OSI), which focuses its cross company efforts on three strategic
areas: Education, Engineering and Enforcement. The endeavor is to work with
customers, businesses, government and partners to drive awareness for piracy as
an industry issue, and to educate them on how they can work towards minimizing
this menace and avoid becoming a victim of counterfeit software. The access to
original software is one of the most critical elements to reducing piracy in
India. Microsoft has undertaken the initiative to provide original software
online and telephonically, which helps ensure easy availability of software to
consumers and educate discerning consumers about the value of original software.
How is the Indian judiciary trained to handle cases of software
counterfeit?
In India, Microsoft supports initiatives of industry initiations in
conducting Judges Round Tables to enhance awareness of judges, magistrates and
court registrars on piracy issues. Microsoft works with other companies to
support government in its efforts to set specialized anti-piracy police units by
providing training and tools. It participated in three such programs covering
about 100 police officers from various states in 2006. Additionally, The US
Patent and Trademark Office, US Customs, and industry conducted a series of
customs and law enforcement IP workshops in three port cities in India in
December 2006 that brought officials from both the US and Indian governments
together to discuss best practices and methods.
How far has enforcement been successful in increasing the usage of genuine
software in Indian market?
Microsoft is determined to protect its customer, reseller and partner
ecosystem from the threat and losses associated with piracy, and to prevent
counterfeiters from taking advantage of innocent victims and gaining an unfair
advantage over our honest partners. Our customers tell us that they appreciate
our efforts and are increasingly involved in the enforcement process, submitting
evidence that helps lead to effective enforcement actions.
Our approach is to get into a dialogue with defaulting resellers and educate
them on the pitfalls of piracy, and why it's not in their business interest to
deal in pirated software. Only when all such dialogue fails, do we work with the
local authorities to take legal action against them. We then send a legal notice
to erring channel members, which states that we believe that they are selling
unlicensed/pirated Microsoft software, and that we would like to discuss the
issue with them.
What are the steps Microsoft has taken in other parts of the world to
propagate use of genuine software?
Microsoft works to raise awareness of the threat of piracy and IP rights
awareness with governments worldwide. The world is economically, politically and
ethnically diverse and we recognize that the problems of piracy and the respect
for intellectual property (IP) varies greatly from country to country. We are
working in partnership with local ecosystems, including local governments,
educational and industry bodies to ensure we are focusing our efforts in a way
that will make the most positive impact and deliver value to governments and
their citizens.
In India, the government has put in place stringent laws to limit this
problem and at the same time, software vendors are focusing on limiting the
problem through efforts to increase awareness amongst customers, as well as
undertaking initiatives to provide greater access to original software. However,
we believe that India can do better still. When compared to countries like
China, India's drop in piracy rate is slow. India has some of the strongest
copyright laws in the world however, the gap today lies in the enforcement of
these policies and laws. Strong IP rights protection is critical for the growth
of the software industry, particularly niche producers targeting software to the
Indian market. Additionally, more support from partner community in educating
customers will help the fight against software piracy. Government lending
visible support will also help drive the message through better.
DQW New Bureau