Pirates of the Software World

We all know engaging in the use of unlicensed We all know engaging in the use of unlicensed software is a criminal offense.software is a criminal offense.

But what happens when you are framed and But what happens when you are framed and caught into the trap of the pirated software caught into the trap of the pirated software

sham?sham?

This is what could happen to you!This is what could happen to you!

A group of people arrive unannounced to your office with a court order.

This group consists of a court-appointed commissioner, lawyers representing the plaintiff, and

technical persons who will carry out the actual software audit.

Since the audit is conducted unannounced, there is no time to gather documentation and invoices

demonstrating the purchase of licensed software.

Office property is seized

Data backups are not allowed

All computers found with copies of what the plaintiff’s lawyers are calling unlicensed software are seized and

sealed

Licensed servers are also seized because they are found to contain back-up copies of software but

deemed infringing by the plaintiff’s lawyers.

The company cannot touch the seized property till the court allows them to.

The company is not even allowed to separate the hard drives of those machines that contain the alleged unlicensed software, for the purpose of seizure, so as to enable usage of the rest of the

machine.

The company is made to sign a report prepared by the commissioner, along with sheets that represent the

software audit of each computer in their office.

The plaintiff’s lawyers ask for a meeting at their hotel later that night to discuss “settlement”, and vague

references to press publicity.

Desperate, you will meet them at the hotel.

Best to settle the dispute “amicably”, an exorbitant settlement figure will be quoted to you effectively

making your company bankrupt.

Any mutually agreeable settlement will be denied.

Although genuinely unable to meet the plaintiff’s monetary demands, you will execute a wholly one-

sided settlement as you are left with no choice.

The suit papers arrive a few days later and the company finally know what the lawsuit against you

was all about.

However, by then an article in the leading newspapers stating that your company was raided and found to be

running on unlicensed software, thereby ruining the company’s reputation beyond all measure.

All data is seized so they cannot operate and service their clients.

The company agrees to settle even before any legal consultation.

Their main concern is how to have their office up and running at the earliest, and save their reputation.

Is this fair?

Is this the way you should be “framed” into a criminal act?

Should you be punished for a crime you did not really commit?

All this without a proper trial or an investigation...

An act like this only screams

INJUSTICE

Out loud

The big Software Giants like the Microsoft's and the Adobe's of the world are pegged at a thousand million

dollar's... and rising.

It is through means like these world over that they get their increased income!

This just means that the rich become richer by looting the smaller players!

Should this really be happening?

And these multi-national software companies are not alone in this.

There is the Indian law enforcement that is hand in gloves.

The courts in which you would go to seek justice, the police who you would want to file a complaint to...

they are all a part of this sham.

It is shameful to think that the people... your people who you would trust in a crisis like this are all a part of

this act.

The dummies in this act, who are paid heavy sums of money to rip off your hard work in a matter of

minutes.

Everyone is innocent until proven guilty

Take the example of big film stars like Sanjay Dutt and Salman Khan... One was caught in possession of

weapons the other runs over the poor sleeping on the footpath.

They too were given a fair trial, evn though the world knew they were guilty.

Is there no scope of a fair trial in the case of pirated software?

There are so many crimes that take place, which are far bigger in profile or in manner, but no one is arrested or even vivtimized till the truth is out and till they are

proven guilty.

Why should this be different?

Why isn’t there time for people to gather the evidence they have to prove that they have committed no

crime?

Why is this happening?

Simply because this is the space where power and money is displayed in the same breath?

An act like this is no different from a goon extracting out

“protection money” from the shopkeepers from a particular area.

Is this the level of injustice and corruption a dignifies and hardworking entrupreners have to face?

This has reached another level of bribery and corruption all together.

Being the puppets of these companies is like being in the “British Raj” all over again.

There is no freedom. It is merely a word which in actuallity does not exist in this society with acts such

as these being commited.

Companies like Microsoft who indulge in a great amount of CSR activities on one hand actually ruthlessly loots the smaller companies who use their products in this

manner…

Their idea is not to let anyone grow without anyone giving them their due.

This is their ploy to keep them at the top.

Indian businesmen are not entirely at fault!

All thanks to the cyber laws of the country which are not clear.

The laws are still in the state of grey. And this is the grey that these multi-nationals are abusing turing them into

black or white as per their liking.

Can we say nothing?

Just because these software giants are bigger and have more influncing power – MONEY, can they can away

with something this terrifying?

There are even cases where allegations have been made that large bribes were made to rule settlements in

their favour.

Indian companies are just sitting ducks and soft targets

for ruthless software giants.

Is all this what a bound Indian entrepreneur should worry about? Rather than focusing on the business?

Indian companies are just sitting ducks and soft targets for ruthless software giants.

Is all this what a bound Indian entrepreneur should worry about? Rather than focusing on the business?

They need clarity of rules and if there are any violations, they need fair time to rectify it.

Even Vijay Mallaya during the whole Kingfisher fiasco was given time by banks and courts to amend things.

Unfortunately, not all Indian businessmen can exert the same pull as a Mallya and so they get victimised.

Even someone as ruthless as Kasab was given a fair trial.

Why can't the common Indian businessman be fortunate enough?

Is software piracy a bigger crime than openly killing hundreds of innocents that a fair trial is avoided?

They are that ruthless!

This is definitely not a genuine attempt to eradicate piracy. On the contrary this has become another game

of extortion.

We need to stand together and eradicate this practice.

Remember!

United we stand, divided we fall.

This time, we will be united!