A Galway-based information services company may face criminal prosecution following a raid on its premises this week by gardai seeking pirated computer software. It is the first operation of its kind in the State.
A file is being prepared for the Director of Public Prosecutions after a team of eight gardai, with a search warrant issued under the 1996 Trade Marks Act, entered the premises on Wednesday afternoon. They conducted a preliminary investigation of the company's computers to establish the presence of illegally copied software. The company is heavily dependent on the use of business software.
The search was carried out on foot of information supplied to a hotline operated by the Irish Business Software Alliance (BSA). The company has been monitored closely by the BSA over several months amid allegations that a number of business applications produced by multiple software vendors may have been illegally copied.
If successfully prosecuted, the offender faces a maximum penalty of £100,000 and/or five years' imprisonment under the 1996 Trade Marks Act. At the minimum, a £1,500 fine per infringing article could be imposed, and/or 12 months imprisonment for the offender.
Speaking on behalf of the BSA, Mr Kieran O'Connor said: "The BSA welcomes this type of action as it is vigilant in respect of protecting its members' trademarks. The association believes this to be a strong case, and is willing to go all the way with it."
The BSA is currently inquiring into nine or 10 possible cases of end-user piracy in Ireland. This involves companies being licensed by a software vendor to run software on a specified number of machines but instead operating it on more.
Latest industry estimates indicate that 65 per cent of software used in Ireland has been pirated, 26 points higher than the estimated European average of 39 per cent. In 1997, it was estimated Irish software theft amounted to £30.8 million (€39.1 million) out of an export market valued at £4.4 billion.
The BSA, which represents the interests of leading software vendors, including Adobe, Lotus Development, Microsoft, Novell, and Symantec, is currently operating a reward scheme in the fight against software piracy in Ireland. It offers to pay up to £2,500 for information about illegal internal business copying of software leading to successful legal action.
The BSA hotline can be contacted at 1890 510 010.
