Business Software Alliance stepped up its raids on factories in Thailand in search of unauthorized/ illegal users of BSA members’ software and to ensure enforcement of software licenses

Establish in 1988, BSA (Business Software Alliance) is the foremost organization dedicated to its vision of a legal digital world. BSA is the voice of the world’s commercial software industry, the fastest growing industry in the world, before governments and in the international marketplace. BSA has its programs in more than 80 countries worldwide and has become a world leader in software copyright protection.

BSA represents its members, e.g. Adobe, Apple, Autodesk, McAfee, Microsoft, etc., and advocates on their behalf against the software piracy. BSA’s efforts have resulted in the increase of pro-active monitoring and enforcement of software copyrights. BSA in Thailand boasts a 50% increase in successful raids on software copyright infringers in the country by working closely with ECOTEC (Economic and Technological Crime Suppression Division) to coordinate the flow of information on infringing activity.

BSA’s work begins by identifying the company or factory using unlicensed software of its members. BSA then conducts an in-depth investigation for incriminating evidence relating to such company/factory, either from a company insider, by offering attractive rewards to anyone who provides evidence of infringement or, even sending an agent into such company/ factory. BSA needs this information and evidence for initiation of a case, as this preliminary information is used to notify the police, and subsequently for applying for a legal search warrant.

If unlicensed software is found during a search of the premises, BSA will proceed with all avenues of legal recourse. As we are fully aware that intellectual property laws in Thailand are being enforced, being a Defendant in an intellectual property case is best avoided, as it may lead to excessive fines or even imprisonment pursuant to the Copyright Act B.E. 2537.

Practically, BSA will propose negotiations for compromise in order to avoid a full court trial. Whilst this appears to be a good solution, BSA will make demands for unreasonably high damages. This is why Thai companies/factories with heavy use or application of basic and advanced/technical business software programs should be aware of the risks under the law, both criminal and civil prosecution, if they are caught with unauthorized or unlicensed software on PCs used on their premises.

In light of the increasingly vigilant and pro-active monitoring and enforcement of software copyrights, and in-depth investigations by the BSA, we recommend use of licensed software in order to avoid trouble with the law. Although licensed software is very expensive, particularly specialist software applications such as AutoCad, Solid Work, etc., the damages claimed by BSA in the event of a violation are much higher. Further, there are financial benefits associated with usage of stable applications, and avoiding criminal penalties. Complying with intellectual property laws also creates a positive impression of the company to outsiders, and may be necessary for external accreditation such as ISO awards.

We also encourage companies/factories to undertake preventative measures to avoid use of illegal software, such measures include taking stock of software loaded on to PCs, setting up internal regulations to prevent employees from loading illegal or unauthorized programs, conducting monthly examinations of PCs, and setting up an internal unit that is directly responsible for software used on company PCs.

In the event that the company/factory is subject to a police search, we strongly recommend the company/factory to ask for the search warrant before allowing the police to enter the premises and start their search. Please be aware that the police are obliged to present a search warrant to the company/factory that is subjected to the search. The company has the right to refuse any illegally requested search.

In connection with a lawful search of the premises by the police, we recommend the company/factory to have its IT personnel and software experts present to cooperate with the police officers. If possible, do not hesitate to contact your lawyer to take charge of such matters and ensure that everything takes place lawfully and reasonably.