Because of the tactless illegal software audit kindergartens, schools, libraries and other organizations fall into the black lists

Now intellectual property protection problem is actual worldwide. As Information technologies are being improved promptly it is needed to replace old software with the new one every 9-12 months. The firm, which doesn’t do such replacements on time, may suffer from the inspectors, especially from competitors. It is essential to fight against the filibusters, but this fight must not turn into racket. JSC “Penki kontinentai”, Ltd. Supports the attitude of independent associations at being tactlessly carried software audit, as kindergartens, schools, libraries and other organizations fall into the black list. We think that one of the ways to solve the problem of software legality is to introduce all problems concerning software protection to society. In the Training Centre of JSC “Penki kontinentai”, Ltd. it is expected to conduct a special free course for the firms’ managers. Besides, Internet portal http://softwareaudit.infobalt2000.lt is being created now. This portal will contain all the information concerning software copyright; the list of the most frequently asked questions and the answers to them will also be included. The special system will help the companies’ managers to register licensed software their employee use and to protect from the competitors’ hits.

Below you see several documents related to the problem of illegal software audit.

“Infobalt”, Lithuanian Association of information
technologies, telecommunications and office equipment
_______________________________________
Vokieèiø st. 28/17-16, LT-2600 Vilnius, Lithuania

Vilnius
2000 11 07

DECLARATION
Concerning legal computer equipment usage

Joint Stock Company “Penki kontinentai”, Ltd., company code__________, register Nr._________, legally registered at A. S. Stulginskio st. 5, Vilnius, being the member of information technologies, telecommunications and office equipment Association “Infobalt”, showing intention to support the policy concerning legal computer equipment acquisition, installation and usage voluntary declares the following principles of the policy of the company and takes responsibility for realization of this principles in the company’s activity: 1. To follow the Law on Copyright and Related Rights of the Republic of Lithuania and other deeds regulating intellectual property protection , requirements and computer equipment acquisition , installation and usage in the company’s activities, to follow the conditions stated in computer programs’ manufactures’ and distributors’ license agreements. 2. To introduce such lawful, organizational and technical means in the company’s personnel management that employee use computer programs according to the requirements stated in the license agreements and that would prevent from unauthorized installation, usage and distribution of the software company’s employee use either for the personal or for somebody else’s purposes. In the cases of unauthorized installation, usage or distribution employee shall carry disciplinary responsibility or their activity shall be passed to the plenipotentiary authority institutions’ inquiry. 3. To keep software acquisition, installation and usage registers within the company. The registers are to reflect exact number of computer programs that is being used, way the are purchased and usage conditions; the registers are also to ensure personal employee’s responsibility for the computer programs they use according to the conditions stated in the license agreements and to prevent illegal activities of the employees concerning distribution of this software. 4. Periodically to carry inventory of the software that is being used and to control if the company’s employee follow conditions stated in the software usage license agreements. In order to implement these objectives software producers or/and “Infobalt” Association plenipotentiary representatives are given opportunity to take part in software usage audit that are organized in the company. 5. To promote endeavor of the company’s employee and of intellectual property protection institutions while struggling against illegal software usage; to support legal software usage policy. Yours Sincerely,

on behalf of JSC “Penki kontinentai”, Ltd.
General Manager
Idrak Dadashov

***

Jolanta Pranckevièienë, lawyer
____________________________
Pylimo 9-9, LT-2600 Vilnius, Lithuania

Duplicates:

BSA, p.d. 3523, LT-2001, Vilnius, Lithuania

Valdymo reformø ir savivaldybiø reikalø ministerija
Information and Informatics Department
____________________________________________
Ðermukðniø st.4a, LT-2600 Vilnius, Lithuania

Lithuanian Lawyers Council
_________________________________
Jogailos st. 11, LT-2001 Vilnius, Lithuania

"Infobalt", Lithuanian Association of information
technologies, telecommunications and office equipment
_______________________________________
Vokieèiø st. 28/17-16, LT-2600 Vilnius, Lithuania

Vilnius
2000 11 07
Nr.

STRAIGHT LETTER

Dear Jolanta Pranckevièienë,

Answering the papers signed by you and proposed on behalf of BSA (Business Software Alliance) we would like to emphasize that some propositions presented in these letters are not correct and are not ethical and given requirements are not legally justified. Firstly. No information about BSA residence and about legal registration of the activity of this organization in Lithuania not mentioning description of activities and objectives of BSA and plenary power given to it and to You also to lay claims one one’s behalf to any economical entity or any institution of the Republic of Lithuania or, as it is declared in the mention papers, to call truce and to announce somebody’s suspicions. We would like you to pay attention that in the last sentence of “Software Declaration” it is specified “if you wish to get more information about Business Software Alliance (BSA) look for the brief description at the other side of the list”, but unfortunately there is no information there. There are also no links to the Internet web sites of BSA in the Lithuanian or any other languages. Mentioned absence of the information raises doubts if the activity of the company is legal or commissions to propose mentioned papers or any claims on its behalf. Subject-matter of the proposed information identifies BSA activity and given requirements with the action of tax police officers of the Republic of Lithuania fighting against unlicensed software distribution in Lithuania. Secondly. In the propositions stated in the papers it is not clearly said on the ground of what (on its own account, social basements, or being in plenipotentiary institution commission) BSA undertook obligations to form and to carry register of the Lithuanian companies and to announce the company as “suspicious” or “illegal” subject to if a company proposed the declaration form within the given time or not. Though in BSA Software Declaration it is claimed “information you provide us with is confidential and will be strictly saved by BSA and will be provided for the Association’ s companies-members only or to somebody else as the part of the general statistics”, it is emphasized in your paper that “what can harm the company’s reputation more than suspicion in illegal activities or even juridical persecution because of this?”. Our of these statements it is possible to draw a conclusion that BSA objectives and action are not altruistic and gathered information somehow can be used in illegal competition promotion. Thirdly. According to the accepted praxis and to the laws of the Republic of Lithuania, any information about the company proposal or its public declaration except the certain cases described by laws, can be done by the company’s leadership voluntary assent, as this is internal company’s business. Besides, nobody has the right to claim or to force to propose such information without company leadership’s voluntary decision. Taking the things listed above into consideration how in your opinion the following sentence is to be evaluated: “But BSA can not doubt this only when gets filled-up Software Declaration form. And now “Penki kontinentai” remains to be present in the list of suspicious companies”. In our opinion, this is because BSA and your, as the representative of this Institution and having the status of the layer in this Institution, requirement to propose software declaration is illegal and contradicts the laws of the Republic of Lithuania. Incorrect and not exact formulation of the questions proposed in the Software Declaration raises additional problems; so how one should give the right answers to them in order to avoid juridical persecution in future. Consider such question as an example: “How many personal computers are there in your company?”. This question may be understood in a number of ways: if we are speaking about the number of “personal computers” that are being used in the company not taking servers’ computer equipment into account, or are we speaking only about personal laptops which employee use outside the company and in which according to some license agreements software copy, that was legally acquired for the company’s needs, may be installed. Fourthly. Combating the illegal software usage and distribution, there is a need to begin not from announced “cruel actions”, but from educational work providing computer users with full and detailed information on legal software attributes, legal acquisition means and explaining license agreements, which are to be proposed to the user together with the software they purchase and in the Lithuanian language, requirements. This hedges the opportunities of the users with little or no experience in evaluating the software they purchase properly. Software acquisition and usage conditions sated by software producers are constantly changing and become more and more complicated; even now right interpretation of some license agreements’ conditions is complicated not only for an ordinal software user, but also for an experienced lawyer. Mentioned reasons make us to doubt if many Lithuanian software users could positively and without any uncertainties answer the following question stated in the Software Declaration: “Are you sure you have got the proper license for every computer program your company’s employee use?”. Summarizing the things that were mentioned above we would like to state that the aim of this article is not to devalue someone’s objectives concerning intellectual property protection while fighting against illegal computer equipment usage and distribution in Lithuania, but to draw society’s and appropriate public state institutions’ attention to this problem; that this fight is carried according to the laws of the Republic of Lithuania providing full conditions for making software users’ legal interests’ proper protection possible; that right conditions are given the users in order they can be sure software they use is legal; that the person’s or any organization’s or institution’s activities or actions somehow connected with illegal software acquisition, usage or distribution are not tolerated in society and business and that these action are strictly punished by the laws of the Republic of Lithuania. Yours Sincerely,

on behalf of JSC “Penki kontinentai”, Ltd.
General Manager
Idrak Dadashov