BSA supports Dutch government's new approach to copyright enforcement

The Business Software Alliance (BSA), an international association of software companies, welcomes the plans of the Dutch Secretary of Justice Fred Teeven to ban downloading from illegal sources and to implement a three-strikes-out approach in the Netherlands. According to BSA, these are good tools to reduce software piracy, says Jacco Brand, president of the BSA Benelux Committee. A new report from the BSA shows that the use of illegal software is not declining in the Netherlands. 28% of all software in the Netherlands is an illegal copy. The programs are downloaded from illegal sources or duplicated without an additional license to purchase. The report was presented today.

"I support Teeven’s proposals if the government clearly states that people are not allowed to download copyrighted material without payment or permission," said Mr. Brand. Minister Fred Teeven recently proposed a draft-bill that explicitly makes downloading from illegal sources illegal. Teeven will not track down individual file sharers, but addresses the bill to internet services providers that host websites that offer this content.

According to Mr. Brand, legislation in this field is not always properly enforced by the government. That’s why BSA – as a private enterprise- is actively involved in the enforcement of intellectual property rights. The organisation calls for criminal investigation in the field of software piracy to be intensified in The Netherlands. The BSA reports suspicions or findings of illegal software use to Justice authorities, but they say these notifications are collecting dust on a forgotten shelve. The software alliance started civil procedures themselves and regularly obtains permission to raid an office, assisted by a bailiff.

"Finally we have a secretary that recognizes the problem, and seeks to address it. This is a step in the right direction, " says Brand, explicitly referring to Teevens intention to also target the providers of illegal digital copies. "I am convinced that if the source is addressed, the demand for copied programmes will be affected. But you must also convince consumers that a legal copy a better option." BSA therefore supports a three-strikes-out approach, like the one existing in France. Users are warned three times in case of downloading from illegal sources and are then disconnected from the Internet.

The study commissioned by BSA considers software piracy worldwide and reveils that the use of pirated software has a commercial value of 58.8 billion U.S. dollars (44.5 billion euros). The report also shows that emerging markets like Brazil, China, India and Russia will play an increasing role in combating piracy. China, for example, accounted for 13% of the total commercial value of pirated software in 2010. "In these markets more and more are computers available, Internet is getting better and faster and pirated goods are thus becoming more accessible. Furthermore, in many countries legislation in the area of copyright law is lacking," said BSA.

Sources: BSA, Webwereld, Nu