Computer Weekly readers have severely criticised
software compliance bodies the Federation Against Software Theft
and the Business Software Alliance for adopting scare tactics when
trying to stamp out unlicensed use of software.
Corporate IT departments have slammed both supplier-backed groups
for failing to co-ordinate their campaigns and making users
duplicate work to show they are compliant with software
licences.
Business IT chiefs have also accused Fast and the BSA of using
scare tactics to sell their services.
Following the BSA's 14 February software audit deadline, lawyers
have repeated their warning about dealing with these software
licensing groups.
"Fast and the BSA have no powers whatsoever. The thing to do is to
stand bold and ignore their communications," said IT barrister
Stephen Mason. "Although it is implied that you have a legal duty
to fill in the BSA's software audits you do not have to."
He said the thing to do is to respond by doing your own audit to
make sure you are compliant and seek advice from your legal
department.
Even Mark Floisand, chairman of BSA, acknowledged this point. "You
do not have to comply with the BSA but you have to comply with the
law."
However, he accepted there had been some "forceful" campaigns by
both the BSA and Fast in the past. "I can appreciate the readers'
sentiments," Floisand said.
A key problem is the rivalry and lack of co-operation between the
two bodies. The assertion by Fast general manager Richard Willmott
that the two "share exactly the same message but have different
ways of getting there" does not reflect IT departments' experience
of dealing with the BSA and Fast.
One IT manager, who asked not to be named, said, "A Fast
representative advised us to throw any communication from the BSA
in the bin."
Companies can be left in the situation where they are accredited by
one organisation and not the other, which will invariably view them
as unlawfully unlicensed until proven otherwise, he said.
Another IT director said that despite spending two years acquiring
Fast Gold accreditation for software compliance and procedures, his
company still has to complete the BSA's annual software audit
forms. "I find it ridiculous that the BSA does not recognise Fast,"
he said.
"There is definitely room for further collaboration between Fast
and the BSA as we do share the same objectives," Floisand
said.
He stressed that the BSA wants to help companies not prosecute
them, and denied there was a disparity in offering to help
organisations yet paying employees to snitch on their
employers.
Legal aid on software licensing
Stephen Mason, IT barrister, offers the following advice:
- Fast and the BSA have no official powers whatsoever
- You can ignore any communications from Fast and the BSAand you
have no legal requirement to fill in any software audits from the
BSA
- Seek legal advice and conduct your own software audit
immediately
- Warn employees that downloading software onto their systems is
forbidden. Include it in your staff security policy.