BSA wishes higher fines for copyright infringement on software

European fines and damages for copyright infringement on software should be higher, argues the Business Software Alliance (BSA). According to BSA, the current rate of European fines and damages seem to lack deterrent effect, unlike the higher fines in the United States.

BSA is the software industry’s trade organization and represents, among others, Apple, Microsoft and Adobe. According to BSA, the rate of fines lack deterrent effect for an infringer to refrain from copyright infringement. BSA claims that 35% of the European software infringes copyright.

As an example of a desirable situation in Europe, BSA refers to the United States and Belgium. The US and Belgium apply higher penalties and their percentage of infringing software is relatively low. BSA would like to have a statutory minimum for damages as, according to the organization, is regulated in the United States.

According to BSA, the large percentage (35%) of infringing software is not only caused by the relatively low fines, but also because lawsuits in Europe are very expensive. During a lawsuit, the software company needs to prove loss of revenue as a result of copyright infringement. Proving the loss of revenue is not an easy task. In addition, a judge determines the height of a fine and any damages on an individual basis. Because of expensive lawsuits and a lack of fixed damages, software companies choose not to sue infringers, says BSA.

It is interesting to see whether people agree with BSA’s ideas in Europe.

Read more about the BSA on FutureofCopyright.com:

• BSA supports Dutch government's new approach to copyright enforcement
• BSA vs. illegal software users: ‘Expose your boss and earn €10.000,-'
• BSA: decline in software piracy would give strong impulse to Dutch economy

Reference: Tweakers

By: Karen Groen