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By Nick Heath

Published: Thursday 07 February 2008


Name

Alan Lewis


Location

UK


Occupation

Consultant


Comment

What trite is this? Certainly not the high standard of reporting one expects from silicon.com.

"Hundreds of businesses in the city escaped punishment during a 30-day amnesty last November on unlicensed software by the Business Software Alliance (BSA), an anti-software-piracy group."

They escaped punishment, did they? Punished by whom? The courts? The legal system was never involved in the first place, so there was never any threat of punishment.

"The businesses, ranging from media companies to architects, face the threat of costly legal action and having to buy licensed software if they fail to convince the BSA they are operating legally."

No one has to convince the BSA of anything. They have no more statutory legal authority than any other private individual or company. The BSA courses of action are to report any company suspected of "piracy" to the police, and then hence to the CPS, and without any evidence the police will not investigate nor will the CPS prosecute. Or, they can bring a civil case. And without evidence a civil case will fail. A "report" of piracy is not evidence. And so how would the BSA gather evidence?

The BSA have no more power of entry than I have. So if they come a calling, one is under no obligation to let them in.

An anton piller order? Will not be granted without evidence to satisfy a judge in the first place. A search warrant? Only granted to the police, and with sufficient evidence.

This is absolutely pathetic, and the press release treated with the contempt it deserved, rather than being sensationalised like this.

I'd expect this level of "reporting" from The Sun, Sport, or National Enquirer. Not silicon.com.



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