Question : SOFTWARE PIRACY



(a) whether the use of ipirated software in India accounts for a loss of Rs.700 crores every year;

(b) if so, the details thereof and steps taken by the Government in this regard;

(c) whether Information Technology Training Centres are using pirated software desspite a restraint order;

(d) if so, the details thereof; and

(e) the details of the compromise arrived at between the defaulting centres and software giants Adobe Systems Microsoft Corp. and Autodesk of US in the amtter?

Answer given by the minister

MINISTER OF PARLIAMENTARY AFFAIRS AND INFORMATION TECHNOLOGY
(SHRI PRAMOD MAHAJAN)



(a): While no estimate has been made by the Government, NASSCOM in their recent report has estimated use of pirated software to the tune of Rs.700 crores in 1998-99.


(b): Government has taken following measures to curtail software piracy:-

- In India, Intellectual Property Rights (IPR) of Software is covered under the Copyright Law, violation of which attract both the fine and imprisonment.

- To create awareness, Government has been supporting Anti-piracy campaign through NASSCOM and also issued instructions to various Government Departments to make use of only the legal copy of the software.

- Custom duty on Software has been made zero.

- Government has also introduced comprehensive Information Technology Bill in the Parliament. This bill is expected to take care of various aspects relating to software piracy.


(c),(d) and (e): It is learnt from NASSCOM that the High Court has recently ordered the inspection of the computers of an IT training centre which is allegedly using pirated software, despite a restraint order.

Last year M/s Abode System, M/s Microsoft Corporation and Autodesk of USA filed a suit before the court alleging that a particular computer centre and its branches engaged in imparting training to students has been using its software without any licence.

The settlement term recorded by the court required the Centre to cease using unlicensed/counterfeit software of NASSCOM/BSA (Business Software Alliance) member companies and provide documentation to NASSCOM/BSA Council reflecting use and purchase of licensed software.

According to the compromise formula, the defaulting centres were to replace its pirated software with the licensed one and were also required to give a complete list of computers and inventory of software being used at various centres.