Based on a recent survey of SMEs in Hong Kong, few have adopted
practices necessary to ensure that they are complying with the law.
In a telephone poll of 300 companies during March, only 26%
indicated that they had implemented a system to ensure that they
are using only legal software. One-third were unaware of the recent
amendments to the Copyright Ordinance.
Ringo Wong, Chairman of the Business Software Alliance Hong
Kong, said:
"The results of this survey are unfortunate
but not surprising. Even one year after the entry into force of
amendments to the Copyright Ordinance that criminalise the
unauthorised use of software in a business enterprise, SMEs still
are not taking steps to ensure compliance.
"Good software asset management practices
are a sign of strong corporate governance and responsible
management. Like ISO 9000 certifications, this is another way for
SMEs to distinguish themselves as being well-run and attractive
partners and vendors."
Recognising that legalisation of software use by businesses
remains a challenge, the Customs and & Excise Department
announced that it is considering the need to intensify enforcement
action against such illegal conduct. Y K Tam, Head of Intellectual
Property Investigation Bureau, Customs and Excise Department,
said:
"Since enforcement action started in
September last year, we have already conducted many successful
raids, seizing more than 80 hard disks and arresting a total of 16
people in connection with corporate use of illegal software. We
will consider increasing our enforcement activities significantly
in this area if the situation does not improve after the entire
period of the educational program, which ends on May 1st. All
companies are therefore reminded to take the steps necessary to
comply with the law.”