Post Express - Page 21
February 20, 1997
February 20, 1997
With each passing year, evolving software technology brings to us, faster, more sophisticated, versatile and easy-to-use products. Business software allows companies to save time, effort and money. Education computer programs teach basic skills and sophisticated subjects. Home software now includes a wide array of programs that enhance the user’s productivity and creativity. Computer graphics have turned PCs into veritable artist’s palette and new games are increasingly inventive. The industry is thriving and users stand to benefit along with the publishers.
But in the process, the problem of software theft has developed and threatens to impede the development of new software products. Romantically called “piracy,” the unauthorized duplication of software is a capital offence that affects everyone; large and small software developers and legitimate users. Even the users of unlawful copies suffer from their own illegal actions. They receive no documentation, no customer support and no information about products update.
The susceptibility of computer software to all forms of abuse should be of concern to those who are conscious of national development. Software piracy has been the subject of discussion in many national and international copyright forums. This development is an obvious indication of the inherent widespread violation of software license agreements and piracy laws.
The world’s biggest band of theirves are stealing software. All manner of normally honest people may be among the thieves; every software user is a potential pirate. Often, software piracy is a crime of ignorance. But that does not reduce the potential liability for unauthorized use of software programmes. Illegal software use is a time bomb of legl exposure and expense that threatens business enterprises in ways they many not be aware.
This brings to the fore, the urgent need to sensitise the owners and users of computer software in the country through well designed enlightenment programmes, on the many issues involved, and particularly on the delicate question of piracy.
In this direction, it is appropriate for the Nigeria Copyright Council (NCC) to lead this crusade and this means it must first put its house in order. It does not stop there; the collaborative effort of all Nigerians is required, especially computer professionals, associations and marketers.
The relevance of such anti-piracy drive is spotlighted, when you consider the pathetic degeneration of software compliance level in Nigeria, particularly when comparison is made using international acceptable parity.
The average PC user employs three programmes in the IBM-PC compatible environment The acceptable European parity is 0.98, surpassed only by the Scandinavians by 1.63. In Asia, Thailand has 0.3 programmes to one computer. The industry yardstick for determining average software per PC is by combining the number of programmes sold legally and personal computers sold by the country.
Even amongst the best-behaved countries in Europe, there is significant shortfall in compliance. In the case of Nigeria, there is a dearth in statistical data for ascertaining average standards. In this instance, we can only approximate a moderation of 0.1 programme per computer. By implication, it means that all the computers in this country are practically empty of software.
Where then are all the software we run on our computers come from, if not by stealing. An estimated 99.9 percent of the software programmes installed in our computers are pirated, an indication of the height of ignorance amongst software users in the country.
Although software is a relatively new medium of intellectual property its protection is grounded in the long-established rules that govern other more familiar media such as records, books and films. Decree 47 of 1988 makes it illegal to make or distribute copies of copyrighted materials without authorization.
Every copyrighted software program comes with a license agreement that defines and controls its use. In most cases, the purchase of a PC software programme only licenses a single user. You are entitled to load it onto a single computer and make another copy “for archival purpose only.” It is illegal to load that software to more than one computer, or to make copies of the software for any other purpose unless specific permission has been obtained from the copyright owner. That means even sharing of software is piracy.
Respect for intellectual property rights requires a certain degree of diligence on the part of software users. This is particularly true with respect to software. It is so easy to duplicate and the copy is as good as the original. This fact does not legitimize software piracy, but rather shows that user exposure may be especially high if due care is not exercised.
In the words of former Vice President, Admiral Augustus Aikhomu (rtd), “piracy inhibits creativity and is consequently detrimental to the attainment of social goals in the field of education, research and cultural promotion.”
The penalties stipulated by the country’s copyright laws can best be described as ridiculous and obtuse and does not contain a single clause on software programmes.
The N1,000 fine for infringement is like a drop of water in the ocean when compared with the $250,000 fine penalty stipulated in the United States copyright law. The country’s copyright decree obviously needs urgent amendment if the indigenous software industry is to thrive.
