BSA - Business Software Alliance

The association of software makers of Business Software Alliance is the non-profit international organization which activity is directed to promotion of safe and legal use of the software in the modern digital world.

The association integrates and acts for the benefit of the international software makers and their partners in production of the hardware. The association interacts with the governments of the countries and is presented at international markets.

Members of Association are the companies:

• Adobe,
• Altium,
• Ansys,
• Apple,
• Asseco Poland S.A.,
• Attachmate,
• Autodesk,
• AVEVA,
• Bentley Systems,
• CNC,
• Corel,
• Dassault Systèmes SolidWorks Corporation,
• DBA Lab S.p.A.,
• IBM,
• Mamut,
• Map License,
• Microsoft,
• NedGraphics,
• Progress Software,
• O&O Software,
• Scalable Software,
• Siemens,
• Symantec,
• Tekla
• The MathWorks
• Dell

Activity in Russia

2012

Expenses of the Russian companies on settlement of the relations with owners in connection with illegal use of the software of BSA participating companies grew in comparison with previous year by 21% and made more than 73 million rubles (about 2.4 million US dollars).

The "Civil checks" for the first time applied by BSA in 2011 during which existence of licenses for programs is checked not by police and the court usher the contractor with participation of the technical specialist and representative of owners successfully developed also in 2012. The corresponding expenses of the companies checked regarding use of the non-licensed software within "civil checks" made nearly 12 million rubles. At the same time, based on civil check the largest compensation for copyright violation on the computer programs in 2012 was paid. The Blenk Arkhitekts Ltd company which is engaged in architectural design according to the settlement agreement paid 2.3 million rubles of compensation on illegal use of software products of participants of Association.

"Despite the first progress of "civil checks", checks of police remain the main engine of suppression of violations in the field of copyright protection on software in Russia. In many respects, exactly thanks to an active position of law enforcement agencies of the Russian Federation on fight against violations in the field, the level of computer piracy in Russia decreased for the last seven years. At the same time civil and public prosecutor's checks serve as good addition to checks of the companies by law enforcement bodies", - Alexey Cherny, the manager of the program BSA|The Software Alliance in Russia notes.

In 2012 the Russian companies most of all violated copyright of the software in such industries as construction, industrial production, architecture and design. Business expenses on settlements of the relations in connection with illegal use of software products in these sectors made 17.9 million rubles, 16 million rubles and 11 million rubles respectively.

"The companies of these industries use the specialized software solutions which are an integral part of technology process, and for some - a fixed asset of production of products and services of the enterprise. Saving on the cost of legal products, the companies get competitive advantage before the fair market participants investing means in creation of technology base. The similar short-sightedness traditionally conducts to substantial financial, legal and business risks", - Ekaterina Gromova, the Chairman of the Russian committee of BSA comments.

Total expenses of the companies on settlement of the relations with owners in 2012 in connection with illegal use of the software in EMEA region (Europe, the Middle East, Africa) grew by 4% in comparison with 2011 and made more than 500 million rubles (about 16.5 million US dollars).

Law-enforcement activity of BSA in 2012 was actively conducted in such cities as Arkhangelsk, Yekaterinburg, Krasnodar, Moscow, Nizhny Novgorod, Novosibirsk, Rostov-on-Don, St. Petersburg and in some other regions.

2011

On April 5, 2012 the Association of Software makers (BSA) summed up the results of the law-enforcement activity in 2011 in Russia. Expenses of the Russian companies on settlement of the relations with owners in connection with illegal use of the software of participants of BSA made more than 63 million rubles (about 2 million US dollars). The amount of the largest compensation paid by the Russian company according to the decision of arbitration court in 2011 was more than 1.7 million rubles.

The general damage to business caused by illegal use of the software of BSA participating companies in 2011 in EMEA region (Europe, the Middle East, Africa) became the highest in Germany 3 106 of $000 (98 180 660 of rubles) and the Netherlands 2 719 of $000 (85 947 590 of rubles).

"In 2011 change of a profile of the typical corporate pirate in Russia became obvious. The companies began to meet total absence of software licenses more and more seldom. Today the Russian companies pirates have or an insignificant covering of needs for licenses, or, at legalization of basic software products, in the company completely there are no licenses on professional, highly specialized software", - Ekaterina Gromova, the chairman of the Russian committee of BSA noted.

In 2011 the first in law-enforcement practice BSA in Russia "civil checks the" of the companies suspected of use of the non-licensed software were developed and performed. Two of six inspections which are carried out by lawyers of Association and court ushers came to the end with collecting compensations from the companies of violators according to decisions of arbitration courts of Russia.

"Diversification of the law-enforcement mechanism on copyright protection reduces opportunities for the companies violators to avoid the legal risks connected with use of the unlicensed software in a business activity by the software. The best method minimize the existing risks – to use license products and to gradually implement software asset management processes in the company", – Ekaterina Gromova comments.

Suppression of copyright violation and fight against use of the illegal software in a business activity of the companies are the priority directions for work of the Russian government. According to the Ministry of Internal Affairs of the Russian Federation, from January to December, 2011 staff of bodies of internal affairs revealed 5033 crimes connected with violation of copyright and related rights. For the specified period 4022 crimes were investigated, the 3058th criminal case is taken to court.

Law-enforcement activity of BSA in 2011 was actively conducted in such cities as Moscow, St. Petersburg, Rostov-on-Don, Novosibirsk, Nizhny Novgorod and in some other regions. Below summary on some affairs of BSA of 2011 is provided.

Moscow

LG In October, 2011 the Arbitration court of Moscow made the decision on the satisfaction of claim requirements of BSA on collecting compensation from the Russian representative office of LG for copyright violation of the software of participants of Association. By a court decision, the Russian representative office of LG paid compensation for illegal use of the software.

Energoprom Ltd On December 14, 2011 Lefortovo district court of Moscow found guilty the director of the company of Energoprom Ltd of copyright violation on the computer programs and sentenced him to conditional imprisonment for a period of one year and also to payment of a penalty. Check of law enforcement agencies at office of Energoprom Ltd company in July, 2011 during which 8 personal computers and one notebook with illegal an installed software of BSA participating companies were withdrawn was the cause for such solution.

Stroy Group LLC On December 26, 2011 BSA signed the settlement agreement with Stroy Group LLC company and settled the dispute which arose upon illegal use in a business activity of the software of BSA participating companies. According to conditions of the settlement agreement the Stroy Group LLC company paid compensation in the amount of 500,000 rubles.

St. Petersburg NPF ARGOS LTD On November 29, 2011 BSA signed the settlement agreement with NPF Argos Ltd company under the terms of which the last should pay compensation for copyright violation on the software of BSA participating companies in the amount of 200,000 rubles.

Rostov-on-Don Aysies Yug LLC, On October 25, 2011 BSA signed the settlement agreement with Aysies Yug LLC company under the terms of which the last should pay compensation for copyright violation on the software of BSA participating companies in the amount of 800,000 rubles.

Nizhny Novgorod NPPINZHPROYEKTSTROY LLC On October 25, 2011 BSA signed the settlement agreement with NPP INZHPROYEKTSTROY LLC company under the terms of which the last should pay compensation for copyright violation on the software of BSA participating companies in the amount of 800,000 rubles.

Geobazis LLC On December 19, 2011 BSA signed the settlement agreement with Geobazis LLC company under the terms of which the last should pay compensation for copyright violation on the software of BSA participating companies in the amount of 400,000 rubles.