1 May 2001. Thanks to Anonymous.
BSA
Business Software
Alliance
www.bsa.org
1150 18th Street NW
Suite 700
Washington, DC 20036
Are you using unlicensed software?
If so, the Business Software Alliance
is giving you one month to get legal.
Your BSA Truce Participation #666666
April 26, 2001
Mr John Doe
XYZ Corp
123 My Street
My Town, ST 12345-1111
Dear Mr John Doe,
Many people do not know that they are using unlicensed software and that it's a violation of copyright law. The Business Software Alliance is currently targeting businesses in the My Town area. If your company is using unlicensed software, it could become the focus of a BSA investigation.
The BSA - an association comprised of Adobe, Apple, Autodesk, Bentley Systems, CNC Software/Mastercam, Macromedia, Microsoft, Symantec and UGS - works to educate the public on the importance of software compliance and to enforce intellectual property rights.
The BSA is calling a Truce. You have until May 31 to get legal.
The BSA is offering a Software Truce in My Town between May 1 and May 31. Please take this time to review your software installations and usage and, if necessary, acquire the licenses you need. If your organization becomes fully licensed during the Truce, BSA will not seek to impose penalties for any unauthorized copying that occurred before May 31 (unless your organization has already been informed that it is under investigation). If the BSA contacts you, just show your Truce Participation Number and software purchase receipts to take advantage of the Truce. [Please see the reverse for terms.] Unauthorized copying is the same as stealing. If you're caught, your organization could face penalties totaling hundreds of thousands of dollars.
Not sure if you're fully licensed? BSA can help you find out.
Trying to determine whether your organization is using illegal software? Visit BSA's web site at www.bsatruce.com for more information and to download our free Software Audit tool, or call our special Truce hotline at 1-877-536-4BSA (1-877-536-4272). If you find that you aren't 100% licensed, contact your software vendor immediately and buy the software licenses you need before the Truce ends on May 31, 2001.
Sincerely,
Bob Kniger
Vice President
Business Software Alliance
[Reverse]
Truce Participation Terms
The BSA is declaring a 31-day Truce between May 1, 2001 and May 31, 2001.
1. For your organization to qualify for the Truce program:
it must obtain a Participation # either through receipt of a BSA letter or from the Truce web site - www.bsatruce.com:
its headquarters must be located within the following zipcode:
My Town-.12345-1111
it must not have previously received notice that the BSA or its members (listed below) have received a report of infringement and are investigating it; and
prior to, or during the Truce period (May 1, 2001 through May 31, 2001), it must have acquired sufficient software licenses to ensure that all software published by BSA members installed on its computers is properly licensed.
2. After the Truce period ends, if your organization is notified by the BSA or its members listed below that your organization is under investigation for copyright infringement, simply produce your Truce Participation # and the dated proofs of purchase showing that your organization acquired sufficient licenses for its software installations during or before the Truce period. No penalty will be sought for infringement that occurred prior to the Truce period.
3. For the purpose of the Truce, BSA members are: Adobe, Apple, Autodesk, Bentley Systems, CNC Software/Mastercam, Macromedia, Microsoft, Symantec and UGS.
U N I T E D S T A T E S
INFORMATION ON SOFTWARE PIRACY IN THE U.S.
What is the law?
United States law, based on this Constitutional provision, protects a person's right to control the reproduction and distribution of his or her creative works like books, songs, and movies. The law describing these rights and their limitations is included in Title 17 of the U.S. Code. Potential penalties for infringers are listed in both Title 17 and Title 18 (which provides criminal penalties).
The Digital Millenium Copyright Act (DMCA), signed into law on October 28, 1998, amended the Copyright law to provide limitations for service provider liability relating to material online.
Copyright protection is not limited to books, songs and movies. It includes many types of creative works, including computer software. That means that the owner of the copyright is entitled to say how and under what circumstances the software may be reproduced, distributed and installed. The "owner" of the copyright is usually the software publisher. You do not become the copyright owner by buying a copy of a software package. Instead, when you buy software, you are purchasing the right to use it, under certain restrictions imposed by the copyright owner. Generally, the precise rights you are purchasing are described in the license or other documentation that accompanies the software. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law.
For example, if the license says that you may not make more than a certain number of copies, then making more than that number of copies is a violation of the law. Regardless of any other copying restriction, however, the law does permit you to make a back up copy.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. For example, whether you are making a few copies for friends or you are a company buying a single copy of a program, but installing it on 100 PCs, you are still violating federal law if you do not have written permission to make those copies. You are exposed to potential civil and criminal penalties. In other words, you can be sued by the copyright owner and be held liable for money damages, or the government could charge you with a criminal offense.
What are the penalties?
If caught with pirated software, you or your company may be liable under both civil and criminal law.
The copyright owner can bring a civil action against you. In that action, the owner can seek to stop you from using the pirated software (injunctive relief) and can request an award of money (damages). With respect to damages, the owner chooses between actual damages, which includes the amount the owner has lost because of your infringement, plus all amounts you have profited, and statutory damages. Statutory damages can be as much as $150,000 for each work copied. Federal judges have shown their intolerance of copyright violators by handing down increasingly large damage awards against infringers. Additionally, in some circumstances, a court may authorize the U.S. Marshals and local law enforcement officials to conduct an unannounced raid of your premises and seize evidence of the infringement.
The government can criminally prosecute you for copyright infringement. If you are convicted, you may be fined up to $250,000 or given a jail term of up to five years, or both. In 1997, the President signed into law the No Electronic Theft (NET) Act, making it easier to prosecute software pirates on the Internet. Now you can be prosecuted even if you do not make money from your infringement.
What are your responsibilities as a user?
Your first responsibility as a software user is to purchase genuine software products and install them in accordance with the license agreement. Since license agreements differ from publisher to publisher, you need to read carefully the license agreement that comes with your software.
When you are buying software, make sure you get genuine disks, manuals, and license documentation. Avoid loose or hand-labeled disks or software that is offered at prices that are "too good to be true." When purchasing software that is installed by someone else, be sure your vendor provides you with all the original disks, manuals and certifications, as well as proof that your use is properly licensed.
Know what's going on at your company: A company is liable for the actions of its employees. Therefore, if an employee is installing unauthorized copies of software on company computers or illegally downloading software from the Internet, the company can be sued for infringement. This is true even if the company's management was not aware of the employee's actions.
Don't help someone else break the law: You are also liable if you know someone else is going to make unauthorized copies and you help him or her, contributing to the infringement. You don't have to be the person making the copies to be liable under the Copyright Law.
Purchasers and users of counterfeit or copied software face unnecessary risks, such as:
In addition, if you purchase or use software that is counterfeit or copied, you not only deny the software developer its rightful revenue, you harm the industry as a whole. All software developers, both big and small, spend years developing software. A portion of every dollar spent in purchasing original software is funneled back into research and development so that better, more advanced software can be produced. When you purchase counterfeit software, your money goes directly into the pockets of software pirates. The company that developed it never sees a dime.
Estimated level of software piracy in the United States:
In 1999, worldwide illegal copying cost the software industry more than $12 billion, with losses exceeding $3.1 billion in the U.S. alone. Approximately 25 percent of the business software in the U.S. is obtained illegally.
Government commitment to legal software:
In September, 1998, the Administration reinforced its commitment to the use of legal, licensed computer throughout the Federal Government by signing an Executive Order (EO) on computer software piracy that underscores the United States' leadership in software management and legalization practices.
U.S. Anti-piracy resources
If you want report software piracy, call the BSA Anti-Piracy Hotline 1-888-NO-PIRACY or report online at nopiracy.com. if you would like more information about software piracy in the United States, or to obtain software management materials, please contact the BSA at 1150 18th Street, N.W., Suite 700, Washington, DC 20036, Tel: (202) 872-5500: Fax: (202) 872-5501.
BSA
Business Software
Alliance
www.bsa.org