THE Enforcement Division of the Ministry of Domestic Trade, Co-operatives and Consumerism (MDTCC) has to-date undertaken 43 enforcement raids nationwide against various businesses for their suspected use and/or sale of pirated software since the beginning of the year and as part of the on-going Gerak Gempur Cetak Rompak anti-piracy crackdown campaign.
At a news conference held at the MDTCC Head Office in Putrajaya recently, Director General of Enforcement, Mohd. Roslan bin Mahayudin said, “In total terms, the enforcement actions carried out to-date by the various state enforcement offices have resulted in the seizure of 272 computers and peripherals (worth an estimated RM816,000) and 1,123 copies of suspected pirated software (worth an estimated RM3.8 million), making a total seizure list of RM4.7 million in estimated value.”
Mohd Roslan added of the enforcement actions undertaken, Selangor leads the way with 21 raids (seizure worth RM2.8 million), followed by Kuala Lumpur with 10 raids (seizure worth RM1.06 million), Johor with 4 raids (seizure worth RM396,150), Melaka with 2 raids (seizure worth RM108,000), Sarawak with 2 raids (seizure worth RM78,000) Perak with 2 raids (seizure worth RM36,000) and Penang with 2 raids with a seizure worth about RM143,000.
Four companies that were raided by the Enforcement Division and recently charged, some of which in the Kuala Lumpur Intellectual Property Criminal Court, are Alvra Consulting Sdn Bhd, USRA Industries Sdn Bhd, Art Universe Advertising Sdn Bhd, and Jopami Sdn Bhd. Since then, two of the companies charged have pleaded guilty and sentenced, namely, Alvra Consulting Sdn. Bhd. and USRA Industries Sdn Bhd.
Mohd Roslan warned that all directors have a duty to ensure that all aspects of their company’s business, including that of software use, is legal in the course of conducting business.
“If they contravene the law by using pirated software in their business operations, they elect to put their business at risk of being raided and criminally prosecuted.”
During the press conference, Mohd Roslan posed some critical questions to all directors, “Do you know what is in the computers in your company? Or do you assume your IT Manager has everything under control and you do not need to be concerned?” Have you asked for a full audit report on your computer systems and software?”
The Copyright Act of 1987 states that if a company is found guilty of possessing, other than for private and domestic use, infringing copies of computer programs, that company and its director/s are liable to a fine of at least RM2,000 and up to RM20,000 for each infringing copy of software and/or a prison sentence of up to five years.
Speaking on behalf of the Business Software Alliance, Senior Director – Marketing, Asia Pacific, Roland Chan, thanked the Ministry for their vigilance in upholding the copyright law.
Chan said, “With a PC software piracy rate of 58% in 2009 (representing a value of US$453 million in pirated software), a lot more needs to be done to protect the rights of software copyright holders.”
Chan lamented, “It is unfortunate that many people continue to think that software piracy is a victimless crime, or that it only involves products of a few large multinational companies. On the contrary, software piracy hurts local software companies too, and in many such cases, the smaller developers are ill equipped to face the assault of software piracy. The local software industry which includes local software entrepreneurs, distributors and resellers, help create new jobs, contribute to economic growth, and generate tax revenues for government. These companies contribute positively to the growth of the country, and deserve the same protection against intellectual property theft.”
“The Name Technology is most excited to join the BSA foray in Malaysia,” said Chiew Ruoh Peng, Executive Director, The Name Technology Sdn. Bhd., who recently joined the BSA as a local member. “Even though we are a homebred MSC-status software developer, our products have not been spared from the evils of piracy. We are the foremost Malay-English language solutions provider, having invested heavily in the development of solutions ranging from an e-dictionary solution to localizing office suites for Malaysians. The continued enforcement actions by the MDTCC provide optimism for us in the local industry who look forward a fair return for all our investments and hardwork.”
“The BSA appreciates and applauds the continuing enforcement work of the Ministry, and can be assured of the BSA’s resolute support in this continuing fight. The BSA continues to put up a reward of (up to) RM20,000* for anyone reporting the use of pirated or unlicensed software in the workplace. Members of the public with such information can call the BSA Anti-Piracy Hotline at 1-800-887-800 or visit www.bsa.org/malaysia to lodge their report,” Chan concluded.
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