01.24.2012
ITCA, the IT Compliance Association, is fast becoming the champion for copyright justice in both commercial and non-commercial organizations worldwide. In a recent case, software maker SynaptiCAD enlisted the assistance of ITCA in their dispute with Czech Republic-based offshore software development company, Unicode Systems. SynaptiCAD creates simulation and analysis programs used in the electrical engineering industry for circuit model designing.
In July 2011, Unicode Systems illegally obtained a cracked version of SynaptiCAD program, WaveFormer, a cutting edge prototype designing tool that aids in speeding up the circuitry design process with far fewer bugs than other tools. ITCA made initial contact with Unicode in October and confronted them on their non-compliance by providing them with detailed copyright infringement data. Unicode admitted to finding an illegal download on one of their computers.
They defended this infringement by insisting that the cracked software had been installed without the authority of the organization’s senior management. They informed ITCA that they had isolated the computer with the offending installation and had deleted it. They expressed gratitude for ITCA having brought the issue to their attention and seemed to feel that the problem had been resolved.
Unfortunately, admission of guilt and deletion of the cracked software are not enough in cases such as this since software companies still need to be compensated for the work they have put in to building the software. ITCA investigates and negotiates infringing organizations on behalf of violated companies like SynaptiCAD to ensure fair compensation for breaches made. If Unicode had enforced a legitimate IT copyright policy in their organization, they would have known how to deal with such a situation. Instead, they responded by ignoring the communication attempts made by ITCA; costing time, effort and productivity for all parties.
The only feasible next step was to take legal enforcement action through ITCA’s local legal counsel, headquartered in Prague, Unicode’s home country. The final outcome was a penalty payment from Unicode for the illegal downloading and use of unlicensed SynaptiCAD software, as well as agreeing to publicize the consequences of its software copyright infringement.
Many companies establish IT policies and communicate compliance requirements of licensed software in their organizations, but many do not enforce it. Hence, like Unicode, when they are notified of their legal liability and are faced with legal action for both deliberate and inadvertent acts of piracy, they realize the implications of not implementing their written IT policies far too late and all too often at a higher expense.
For more information and guidance on protecting your business, please go to itca.com/products/revenue-recovery-services
