Software licenses, the 'piracy' question... and Linux

[Frederick Noronha <fred@xxxxxxxxxxxxxxx>]

This is from a group trying to help Indian schools get easier access to
computers. -FN

----------  Forwarded Message  ----------
Subject: [computersforindia] software licenses
Date: Thu, 11 Jan 2001 10:05:48 -0600
From: "Daryl Martyris" <dmartyris@xxxxxxxxxxx>

  HI All,

  THis is interesting.  According to Bijon Mehta, Microsoft India
isn;t interested in giving educational discounts. However Microsoft
allows companies which donate PC's here in the US to leave th software
on, so PC's which get shipped to India will have (licensed?) MS softawre

   Karnataka to become a Zero Piracy State  . Karnataka Home  Minister
Mr Mallikarjun Kharge has assured MNC software suppliers that the state
would be a "Zero Piracy State" by next year and a "Multi Pronged
Strategy" is being drafted for the purpose.  As could be expected the
strategy seems to revolve around "Strengthening the law by amending the
Criminal Procedure Code". The declared objective for this exercise is
to attract investment in the state by Software producers. Obviously, it
appears that this assurance is a pre-condition imposed by some MNCs to
increase their  investments in the State.  

       It is obvious that the "Multi Pronged Strategy" would basically
focus on more "Raids".  However, if one recalls the raid on Radiant
Software Training centers last month, it appears that the so called
strategy could degenerate into unleashing a "Raid Raj" in the state. 

       The Radiant Raid resulted in two innocent employees of the
branch being put behind bars for a couple of days. It is also alleged
that the EIPR authorities first raided the branch along with some
private security personnel and manhandled the employees. The Police
appears to have arrived later. It is also reported that the arrested
employees were put along with ordinary criminals in the jail and made
to undertake menial jobs. The experience has been shattering for both
the arrested employees and their families and the responsibility for
such ill-treatment lies with the Police and EIPR. If this is the way  
Software Piracy would be eliminated in India,  several  IT Employees
and their families will have to cool their heels in prison for crimes
not committed by them. 

       The first important distinction that the Police and Judiciary
should make is to distinguish between "Software Piracy" and "Violation
of Copyright license terms". Just to strengthen their case and create
dramatic scenes, the Police have a tendency to book cases of 
"Copyright Violations" as "Piracy" or "Cheating" as they have done in
the Radiant Case. I would like any police officer to justify why it was
necessary to arrest the managers of Radiant's training managers to
investigate the case after the assets had been seized. Can the Police
give an assurance to the public that such extreme actions would not be
taken for copyright violations? Can Mr Kharge assure the IT Industry
that his Police force would not indulge in such actions? 

       If not, the public and the IT industry have to be worried with
what is in store for them when the drive for "Zero Piracy State"
starts. Every executive in every company will have to now ask his
management to give him a personal letter of assurance that any software
running on his desk top computer has been duly licensed and he would
not be personally responsible for any copyright violations. This in
turn would make every CEO and CTO liable for action in the event of any
dispute such as say- "a license meant for 186 computers in a company
was used on the 187 th machine without extension of the license. " 
Such CEO s and CTO's will have to carry "Anticipatory Bail" orders
against arrests at all times. 

      While appreciating the need for stopping "Software Piracy", the
attention of the Government should however be drawn to long term
strategies to make Piracy un economical to both the "Pirate" and the
"Consumer". The industry has seen a dramatic reduction of pirated
copies of Windows since its prices were brought down. The continuation
of piracy in other software is to a large extent a result of
unreasonable pricing by manufactures. Prices are being determined by
them based on their costs and profit requirements rather than the
utility value of the software. For example, how many home users can
justify the need to buy a Office 2000 paying say around Rs 20,000 which
is the cost of the entire hardware system they have bought?. Most
offices would find it uneconomical to buy software at such costs. 

       One solution to this is to encourage ASP model of using
application software provided the software manufactures don't prohibit
such usage.  

       The other more durable solution is to encourage "Competition"
so that the market forces would force the prices down. We would like
the Government to consider such strategies.  

       For example, consider the case of Karnataka Government. A large
part of its requirement would perhaps comprise of word processing in
Kannada. Has the Government used or contemplated using the "Baraha"
word processing software developed by a Kannadiga and distributed
freely by one Mr Sheshadri Vasu?. Have they ever considered the value
of such contributions and tried to honour such individuals and
encourage them to undertake further R & D to develop the software to
meet the full requirements of Kannada administration?   

       Have they evaluated use of "Star Office" or many other low or
nil cost substitutes for Microsoft office?  

       Similarly, there are many indigenous entrepreneurs who are
developing or are capable of developing  application software that can
bring down the cost of other "premium" software products that may be
marketed by MNCs. Has there been any concerted efforts by the
Government to identify such prospects and encourage them?" 

       Has there been any scheme to identify potential Indians in USA,
who can develop alternate operating systems or application software
with the assurance that Indian Governments would fund the R&D? (After
all, there has been no major software product in the world where an
Indian is not involved in development.) 

       .....these are some of the questions that indigenous
entrepreneurs would like to ask the Governments while discussing the
long term strategy for eliminating "Software Piracy".  

       I urge the Karnataka Government to lead the Indian States in
setting up a "R&D Fund" to support indigenous efforts to produce
branded software applications (compatible with global standards) and
make them available at affordable costs to the masses.  

      Related Story in Newindpress.com 
      Your views can be sent here 

      Naavi 
      January 8, 2001
     





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