Illegal use of Software and the Business Software Alliance

June 8, 2009

Over one third of all the world’s business applications are currently being used illegally either through criminal intent or inadvertently through the non-payment of licence fees - within Ireland the figure for non-compliance is 34%.

 

We would advise that all businesses carry out a software audit in order to ensure that all software is being used legally for the following reasons:

 

1)                  To avoid running foul of the law and the Business Software Alliance;

2)                  To review current IT usage and use the information to drive down IT costs;

3)          To ensure that the business receives all current software and security updates.

 

We have assisted a number of clients in carrying out IT audits and it was satisfying to see that the cost of complying with the law in some cases was less then what it was costing to run the illegal software, plus, there was the peace of mind that came with knowing that the business was on the right side of the law.

 

How might business owners be running foul of the law?

 

A classic example would be a licence taken out for software for 5 employees which is then being used for 25 employees - this would be illegal. An example of how a saving might be made would be where the same business had licensed the use of software for the full 25 employees but then had to make 10 of them redundant. In this case a software audit would unearth the fact that the business was paying too much for the licensing of the software because the number of users had dropped from 25 to 15. In this case the business should approach the licensor in order to try and negotiate a reduction.

 

Business owners might also then query how they might get caught and we would reply that the majority of cases are as a result of disgruntled ex-employees reporting their previous employers to the relevant authorities – this has never more true than in the current economic environment.

 

Please contact David on dreilly@dreilly.ie for further information on this topic or any other legal problem or matter.

 

We are members of it@cork

Terms:

A) By accessing or using this website ("the Site") you agree to the terms of the Site ("the Terms") as set out below.

B) We may change the Terms at our discretion and without notice. By continuing to use the Site you accept the Terms as they apply from time to time. A copy of our current Terms is displayed on the Site at all times.

C) Copyright in the content of the Site is the property of Reilly & Co which shall include the layout, text as well as the general "look and feel" of the Site and any copying or reproduction of the Site or any part of it is strictly prohibited (except to the extent permitted by law).

D) Except where otherwise stated, legal content on the Site is based on laws applicable in Ireland.

E) You agree that you will not arrange for any third party website to be connected to any part of the Site by way of hyperlink or otherwise without our prior written consent.

F) Information included on this website is only intended for general guidance and should not be relied upon as if it were legal / professional advice. If you require advice in relation to Commercial or Intellectual Property or Information Technology law please contact Reilly & Co on 023 88 64887 to obtain specific legal advice. We exclude to the fullest extent permitted by law all liability for loss or damage howsoever arising out of use of the Site or reliance upon its contents.

G) From time to time the Site may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the third party website(s) and/or its content and we shall have no responsibility for the same.

H) The Site and the use of it is governed by Irish law and the Irish Courts shall have exclusive jurisdiction over any disputes connected to it.

Privacy:

We respect your right to privacy. Where personal information is submitted it will be used for the stated purpose and any reasonable incidental purposes and marketing and administration purposes only. You agree to the use, storing and processing of such information for these purposes. Any information that you provide will not be released to third parties. We retain basic statistical information on the visitors to the Site.