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Clear Mind, Dirty Hands: Software Piracy Threatens Local
Industry
Post Express -
February 20, 1997
Page 21
By
March Oyinki
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.
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