BSA Wins $210,000 Judgment Against Delaware Man for Illegal Online Software Sales

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Mon Aug 17, 2009 10:00am EDT

BSA Wins $210,000 Judgment Against Delaware Man for Illegal Online Software
Sales




WASHINGTON, Aug. 17 /PRNewswire-USNewswire/ -- The Business Software Alliance
(BSA), which represents the world's commercial software industry, announced
today that its members have won a $210,563 judgment in the U.S. District Court
for the Northern District of California against Matthew Miller of Newark,
Del., who sold illegal copies of software through an Internet auction site.
Software programs published by Adobe, Autodesk and Microsoft were at the
center of the case, which included a 2008 investigation spearheaded by BSA. 

U.S. District Judge Susan Illston awarded the plaintiffs $195,000 in statutory
damages and $15,563 for filing costs and attorneys' fees. The judgment states
that Miller is permanently enjoined from committing future acts of copyright
infringement involving Adobe, Autodesk and Microsoft software products.
Additionally, Miller has been ordered to immediately destroy any and all
infringing copies of such software in his possession or control. 

"In the course of our efforts to stop software piracy, BSA and its member
companies rarely take action against individuals," said Jenny Blank, Senior
Director of Legal Affairs for BSA. "We prefer to educate and inform the public
about the risks and consequences of using illegal software. But there are
instances when the activities of individuals are both reprehensible and
blatant, requiring the BSA and its members to act swiftly and definitively." 

According to legal documents filed on behalf of BSA member companies, the
defendant "admitted he had 'downloaded software, burned and copied CDs and
sold about 200 to outsiders for $8.00 to $12.00.'" In one particular instance,
Miller was accused of offering approximately $11,897 worth of software to an
undercover investigator for just $52, with an agreed price of $45 after some
haggling. 

Records in the case also describe how Miller used the popular iOffer Web site
to sell unlicensed copies of BSA member software. iOffer markets itself as an
online community that allows users to buy, sell, and trade products, and it
describes itself as a venue where negotiation is encouraged. However, the Web
site hasn't been immune to the activities of software pirates, and it
disclaims responsibility for the legitimacy of online transactions conducted
on its platform, as outlined in a 2008 study by BSA entitled Online Software
Scams: A Threat to Your Security.  Pirates who have used iOffer to sell
illegal copies of various software products have now been sued in several
different lawsuits.

"This kind of piracy is arguably one of the most devious types of
Internet-based piracy because it involves actual sales of unlicensed software
to consumers," said Blank. "Consumers should be aware that the majority of
these 'too-good-to-be-true' offers originate from unscrupulous vendors. Not
only are the products and services offered by these individuals often shoddy,
counterfeit or downright fraudulent, but the consumer may be tricked into
giving away sensitive financial and identifying information.  You may think
you're saving money, but in the end, it could be far more costly."     

Financial Rewards for Software Piracy Tips 
Under BSA's "Know it, Report it, Reward it" program, the organization offers
rewards of up to $1 million for qualifying reports of software piracy received
via its hotline or online reporting form. Confidential reports can be made by
visiting www.nopiracy.com or calling BSA's hotline at 1-888-NO-PIRACY. Reward
payments are subject to eligibility requirements, the details of which are
provided on the Web site. 

Please visit BSA's Facebook page under keyword Business Software Alliance
(BSA) Anti-Piracy.

About BSA 
The Business Software Alliance (www.bsa.org) is the foremost organization
dedicated to promoting a safe and legal digital world. BSA is the voice of the
world's commercial software industry and its hardware partners before
governments and in the international marketplace. Its members represent one of
the fastest growing industries in the world. BSA programs foster technology
innovation through education and policy initiatives that promote copyright
protection, cyber security, trade, and e-commerce. BSA members include Adobe,
Apple, Autodesk, Bentley Systems, Corel, CyberLink, Dassault Systemes
SolidWorks Corporation, Embarcadero, McAfee, Microsoft, Minitab, Quark, Quest
Software, Rosetta Stone, Siemens, Sybase, Symantec, and The MathWorks. 


SOURCE  Business Software Alliance

Matthew Clark, +1-202-728-8766, matthew.clark@fd.com, for Business Software
Alliance
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