(Washington, DC) The Software & Information
Industry Association (SIIA) today filed civil suits on behalf of Adobe Systems,
Inc., Alias|Wavefront, a division of Silicon Graphics Limited, and Macromedia in
U.S. District Court alleging violations of the Copyright Act against two
software pirates caught in an SIIA sting operation. The defendants, Michael Chu
of Los Altos Hills, Calif., and Julian Kish of Chicago, Ill., each are alleged
to have sold pirated software worth thousands of dollars to SIIA. Both face
fines of up to $150,000 per violation for copyright infringement.
A new SIIA white paper on Internet auction
piracy, also released today, illustrates how pirates utilizing Internet auctions
are turning better than a 90 percent profit margin from sales of illegitimate
software, and reaching thousands of new customers at little effort or cost.
Pirates also enjoy virtual anonymity through multiple screen names, and
manipulate differing rules among Internet auction providers to data-mine email
addresses of bidders on software auctions, creating a direct marketing channel.
The SIIA white paper, accessible at http://www.siia.net/sharedcontent/piracy/news/auction2001.pdf,
provides resources for consumers to recognize illegitimate software on auction
sites, and includes real examples of emails sent directly to bidders after their
addresses were gleaned from auctions. It also highlights the problems and risks
consumers face when purchasing pirated software, such as a lack of access to
manuals, tech support or upgrades, and no assurance that the software is free of
crippling viruses.
A four-day SIIA survey of four major Internet
auction sites conducted last April showed that 91 percent of all software being
auctioned was illegitimate. Access the results of the survey at http://www.siia.net/sharedcontent/press/2000/4-12-00.html.
"It's clear why software pirates have
migrated to Internet auction sites," said Ken Wasch, SIIA president.
"Auction sites provide relative anonymity and relatively free access to
thousands of customers. It's never been easier or more profitable for pirates to
sell illegitimate software - or more dangerous. These pirate sellers will be
vigorously pursued both by SIIA and by the Department of Justice."
"SIIA commends the major auction site
providers for coming to the table to discuss the problem with the industry, but
only time will tell if solutions are at hand," continued Wasch. "SIIA
is committed to increasing outreach to consumers regarding warning signs that
identify sellers of pirated software. In the mean time, SIIA is in the process
of filing several more suits against pirates utilizing auction sites, several as
early as next week."
The suit against Michael Chu, who is alleged to
have sold 22 software titles with a retail value of $54,745 to SIIA for $144.85,
has been filed in U.S. District Court for the Northern District of California.
The suit against Julian Kish, alleged to have sold six software titles with a
retail value of $5,594 to SIIA for $50, has been filed in U.S. District Court
for the Northern District of Illinois. The two cases involve software published
by Adobe Systems, Inc., Alias|Wavefront, a division of Silicon Graphics Limited,
and Macromedia.
The Software & Information Industry
Association (SIIA) is the principal trade association of the software code and
information content industry. SIIA represents more than 1,000 leading companies
that develop and enable software and electronic content for business, education,
consumers and the Internet. Hundreds of these companies look to SIIA Anti-Piracy
to protect their intellectual property rights around the world. Visit the SIIA
Anti-Piracy homepage at http://www.siia.net/piracy.htm.
Cases of software piracy should be reported via the Anti-Piracy Hotline (800)
388-7478.
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