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The Business Software Alliance (BSA), which represents the world’s commercial software industry, announced today that its members have won a $210,563 judgment in the U.S. District Court for the Northern District of California against Matthew Miller of Newark, Del., who sold illegal copies of software through an Internet auction site. Software programs published by Adobe, Autodesk and Microsoft were at the center of the case, which included a 2008 investigation spearheaded by BSA.
US District Judge Susan Illston awarded the plaintiffs $195,000 in statutory damages and $15,563 for filing costs and attorneys’ fees. The judgment states that Miller is permanently enjoined from committing future acts of copyright infringement involving Adobe, Autodesk and Microsoft software products. Additionally, Miller has been ordered to immediately destroy any and all infringing copies of such software in his possession or control.
“In the course of our efforts to stop software piracy, BSA and its member companies rarely take action against individuals,” said Jenny Blank, Senior Director of Legal Affairs for BSA. “We prefer to educate and inform the public about the risks and consequences of using illegal software. But there are instances when the activities of individuals are both reprehensible and blatant, requiring the BSA and its members to act swiftly and definitively.”
According to legal documents filed on behalf of BSA member companies, the defendant “admitted he had ‘downloaded software, burned and copied CDs and sold about 200 to outsiders for $8.00 to $12.00.’” In one particular instance, Miller was accused of offering approximately $11,897 worth of software to an undercover investigator for just $52, with an agreed price of $45 after some haggling.
Records in the case also describe how Miller used the popular iOffer Web site to sell unlicensed copies of BSA member software. iOffer markets itself as an online community that allows users to buy, sell, and trade products, and it describes itself as a venue where negotiation is encouraged. However, the Web site hasn’t been immune to the activities of software pirates, and it disclaims responsibility for the legitimacy of online transactions conducted on its platform, as outlined in a 2008 study by BSA entitled Online Software Scams: A Threat to Your Security. Pirates who have used iOffer to sell illegal copies of various software products have now been sued in several different lawsuits.
“This kind of piracy is arguably one of the most devious types of Internet-based piracy because it involves actual sales of unlicensed software to consumers,” said Blank. “Consumers should be aware that the majority of these ‘too-good-to-be-true’ offers originate from unscrupulous vendors. Not only are the products and services offered by these individuals often shoddy, counterfeit or downright fraudulent, but the consumer may be tricked into giving away sensitive financial and identifying information. You may think you’re saving money, but in the end, it could be far more costly.”
Financial Rewards for Software Piracy Tips
Under BSA’s “Know it, Report it, Reward it” program, the organization offers rewards of up to $1 million for qualifying reports of software piracy received via its hotline or online reporting form. Confidential reports can be made by visiting www.nopiracy.com or calling BSA’s hotline at 1-888-NO-PIRACY. Reward payments are subject to eligibility requirements, the details of which are provided on the Web site.
Please visit BSA’s Facebook page under keyword Business Software Alliance (BSA) Anti-Piracy.
The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade, and e-commerce. BSA members include Adobe, Apple, Autodesk, Bentley Systems, Corel, CyberLink, Dassault Systèmes SolidWorks Corporation, Embarcadero, McAfee, Microsoft, Minitab, Quark, Quest Software, Rosetta Stone, Siemens, Sybase, Symantec, and The MathWorks.
Matthew Clark 1.202.728.8766 matthew.clark@fd.com
United States
