Mr Wojciech Czarnocki, formerly trading with the conspicuous
title of the Pirated Software Group, has agreed to volunteer 100
hours of his time to provide computer-related work to a charitable
organisation in New South Wales, in addition to payment of $31,500
to the BSAA.
"This settlement is a warning to sellers of unlicensed software
who are stealing the property of companies that have invested
thousands of man-hours and millions of dollars into creating a
quality product," said Jim Macnamara, Chairman of the BSAA. "It is
a guarantee to pirates that the BSAA will hunt them down, and
Australian law carries large penalties for trading in unlicensed
software."
The BSAA initiated proceedings in the Federal Court of Australia
against Czarnocki, following reports that the Pirated Software
Group had produced and advertised a 900-page catalogue of illegal
computer programs.
A national search by the Business Software Association of
Australia (BSAA) including a "Wanted" poster featuring Czarnocki's
photograph and offer of a A$5,000 reward, triggered a story on TV
current affairs programme which led to many calls identifying
Czarnocki to the BSAA hotline. Czarnocki subsequently gave himself
up to the BSAA.
Mr. Macnamara said that Czarnocki could not be let to get away
with the blatant software piracy committed. "However, as he came
forward voluntarily, we will not proceed with further legal action.
Instead, Mr Czarnocki will pay legal costs and do community
service."
The Federal Court also made orders against Mr Czarnocki,
requiring him not to deal in products which infringe the rights of
BSAA members Adobe, Autodesk and Microsoft.
"Software piracy is sometimes seen as a 'victimless crime', but
recent research shows that the problem is costing Australia jobs
and possibly its place as a 'smart country' in the Information
Age," said Mr Macnamara.
A 1998 PriceWaterhouseCoopers report examined the flow-on
effects of software piracy and estimated that even reducing
Australia's piracy rate of 33 per cent to the US rate of 27 per
cent would generate an additional A$1.2 billion in annual sales and
a further 7,332 jobs within Australia by 2001.
