Software users should be aware of licence misuse

Resellers or end users who are unaware of which level of software they have purchased sometimes unwittingly commit software piracy. This form of piracy - license misuse - is no less illegal than the better-known methods of counterfeiting and hard disk loading. Under this scenario, products originate from legitimate programs and channels, but are then subsequently misdirected during downstream distribution. As a result of this misdirection the product is unlawfully sold and used in breach of its original licensing conditions.

Justin Agar, Microsoft product manager at AXiZ, points out that there are currently three different types of Microsoft operating system software in the SA market. "OEM (Original Equipment Manufacture) software can only be sold in conjunction with a new PC, and is shrink-wrapped with the product manuals and Certificate of Authenticity. This type of product is only available from large-scale integrators. DSP (Distribution Service Partner) software is available from Microsoft distributor and sub-distributors, is also shrink-wrapped, and can only be purchased with an `upgrade` component such as a processor, motherboard or hard drive."

The third option is retail software, which comes in boxed retail packaging and can be bought at any computer retail store countrywide.

"Simply by being aware of which product is available, purchasers can begin to protect themselves from piracy," says Agar. "They should also be aware, of counterfeit product in the market, and be sure to purchase software only from authorized distributors and sub-distributors."

Software piracy represents a major threat to system builders and their customers worldwide.

For honest system builders it creates an uneven playing field, giving unscrupulous competitors an unfair advantage in the marketplace. In addition to this, piracy is a crime and the legal implications for offenders are severe. System builders who engage in piracy risk heavy fines, business closure and a ruined reputation.

For end user customers, the risks from piracy are equally daunting. Acquiring a new PC containing pirated software is comparable to being in possession of stolen property. They too put their businesses and reputations in jeopardy, not to mention the fact that pirated software is more likely to contain viruses and defects.

"By putting pressure on their resellers to provide legal software and being aware of which product is which, end-users can protect themselves," says Agar. "Microsoft SA is very proactive in terms of prosecuting piracy offenders, and the risk of offenders being caught is high."