A Positive Step Against Software Piracy?

<div align="justify"><b><i><span>For the first time ever, an enterprise has publically apologized to software copyright owners after being caught selling PCs pre-loaded with pirated software in their stores. The PC Trading and IT services company, Hai Anh,</span></i></b><b> <i>was recently</i> <span><i>raided by inspectors from the Ministry of Culture, Sports and Tourism in cooperation with investigators of economic crimes from the Ministry of Public Security. </i></span></b></div> <div align="justify"><b><span><em></em></span></b></div> <div align="justify"><b>A changing landscape</b></div> <div align="justify">In response to the raid, Mr. Dinh Cu Thanh, the director of Hai Anh, sent a letter of apology stating: <i>&ldquoWe used to sell computers which had been pre-installed with pirated software. We did not provide customers with software licenses, manuals or original CD ROMs&hellip For our indiscriminate act, we offer our unreserved apologies to the software copyright owners, customers and the authorities.&rdquo</i> </div> <div align="justify"> </div> <div align="justify">Mr. Vu Xuan Thanh, chief inspector from the Ministry of Culture, Sports and Tourism said that the value of illegal software installed was estimated at  billions of dong. Mr. Thanh also emphasized that as of August 1, 2008, a new directive on administrative sanctions will come into effect, raising maximum fines for copyright infringement to VND500 million. </div> <div align="justify"> </div> <div align="justify">However, that amount of money is trivial compared to the revenue losses suffered by the IT sector. According to a study on the economic impact in the reduction of PC software piracy conducted by IDC, a leading global research company, a 10 percentage point drop in global PC software piracy rates between 2008 and 2012 could result in an increase of 500,000 additional new jobs and more than US$100 billion in new revenues. In the Asia-Pacific region, the Study forecast that a 10 percentage point drop in PC software piracy rates in the region could result in the creation of 435,000 new jobs, additional US$41 billion in revenues to the IT industry, and an additional US$5.4 billion in tax revenues to Asian governments. </div> <div align="justify"> </div> <div align="justify">Most benefits accrued from software piracy reduction will be reinvested in local sellers, software services and channel firms, which means the greatest proportion of economic benefits remain within the country. In fact, the IDC Study further predicts that local vendors would in fact gain an additional US$33 billion from its own revenues. This proves the point that any efforts to reduce software piracy would have direct benefits to the local industry and economy. </div> <div align="justify"> </div> <div align="justify">Despite their engagement in software piracy, Hai Anh company&rsquos letter also said<i>: &ldquo<span>The achievements and the future of </span></i><i><span>Vietnam</span></i><i><span>&rsquos IT industry depends on the respect for IPR and the law. Our activities has affected the industry, which we ourselves have been trying to develop. We appeal to others not to repeat our mistake, and stop illegally copying of software. We would like to take this opportunity to encourage everyone to comply with the IPR-related laws of the country.</span></i><i>&rdquo</i></div> <div align="justify"><em></em></div> <div align="justify"><b>What is the solution? </b></div> <div align="justify">The appropriate solution to enhance IPR protection remains controversial, not only in Vietnam, but in many other countries in the world.  However, many would agree that cooperation, support and mutual respect for IPR by authorities, enterprises and associations, the promotion of further awareness as well as enforcement of the law, are crucial in creating an environment that encourages innovation. </div> <div align="justify"> </div> <div align="justify">In many countries, the private sector plays a vital role in raising public awareness about the significance of IP in general and software copyright in particular. The tight cooperation between the government and the private sector has enabled each party to maximize their expertise and outreach. </div> <div align="justify"> </div> <div align="justify">From this experience, the transition from a public/private sector cooperation into a Public/ Private Partnership (PPP) has led to a more effective campaign against software piracy. Accordingly, associations, enterprises and government bodies responsible for the promotion and enforcement of IPR should consider the possibility of entering into contractual agreements with clearly state shared objectives and responsibilities. The government should legalize and popularize the PPP in its fight against piracy. This kind of public - private partnership may prove to be an effective vehicle in enhancing public awareness about the respect for IPR and reducing piracy. </div> <div align="justify">Malaysia&rsquos experience in the last 5 years provides a good example of such a partnership. &ldquoOps Tulen&rdquo &ndash a campaign conducted in collaboration between the Business Software Alliance and the Ministry of Domestic Trade and Consumer Affairs - has resulted in significant gains against software piracy. . Similarly, the Pilipinas Anti-Piracy Team in the Philippines consisting of the National Bureau of Investigation, the Philippine National Police, and the Optical Media Board, with support from the homegrown IP Coalition, and the Business Software Alliance, has gained vital grounds. In 2007, the team contributed significantly to software piracy reduction in the Philippines, lowering the rate from 71% in 2006 to 69% in 2007. </div> <div align="justify"> </div> <div align="justify">The Business Software Alliance (<a href="file:///C:/Documents%20and%20Settings/Phuong/Local%20Settings/AppData/Local/Microsoft/Local%20Settings/Temporary%20Internet%20Files/OLK27/www.bsa.org">www.bsa.org</a>) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the worlds commercial software industry and its hardware partners before governments and in the international marketplace. In Vietnam, BSA has organized a variety of activities such as training courses to inspectors and economic police on the professions related to software copyright. In the forthcoming time, BSA will continue tighter cooperation with the Vietnamese government to implement the IPR law more effectively. BSA believes that the Public/ Private Partnership model which has proved effective in many countries is a necessary tool to bring about real change in IPR and, particularly, software piracy in Vietnam. </div> <div align="justify"> </div> <div align="justify"><b><i>Kim Phuong - H. Hung</i></b></div>