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SCMP Reporter

IT has been a busy but unproductive year for the Business Software Alliance (BSA) - not the fault of the organisation trying desperately to stamp out software piracy and counterfeiting.

  ''Most Asian countries are very poor on the enforcement of whatever copyright laws they have on their books,'' said Ron Eckstrom, vice-president of BSA in Asia, who is on secondment from Microsoft.

   In private, Mr Eckstrom does not mince words about how Asian authorities perceive and co-operate on software counterfeiting and pirating.

  Last month, the BSA raided several printers in Indonesia. The Hardy Company, Symphony and Monkee, fell to police raids that netted more than 17,000 illegally printed computer software manuals.

  ''It was an extraordinarily difficult operation - we had been working for a long time gathering enough information and evidence to persuade the authorities to help us and get search warrants,'' Mr Eckstrom said.

    The manuals, which were to be distributed throughout the world, are under police guard.

   ''This time the Indonesian Government was involved in helping to break the ring and we're confident we'll achieve a favourable result,'' Mr Eckstrom said.

  But it was clear Indonesia co-operated because its Special 301 trading status was up for review in the United States, he said. The status affords countries trading advantages but imposes heavy penalties if they should operate outside the terms.

  That upside-downside aspect in breaking the pirates is the BSA's usual way of operating. It estimates between US$7 billion and US$8 billion worth of software is pirated or copied illegally in Asia each year.

    While there was some satisfaction in the raid in Indonesia, Mr Eckstrom pointed to the other links in that counterfeiting chain. Singapore, despite maintaining that it remained within the law, was heavily involved in many aspects of the illegal trade, he claimed.

    According to Mr Eckstrom, the Indonesian ring sent everything it printed through Singapore for worldwide distribution.

  ''It is frustrating. The Singapore Government does not want to recognise it has a counterfeiting or piracy problem and so offers minimal assistance to us,'' he said.

    There were improvements last year.

    ''Recently, Taiwan has really been co-operative and there are a couple of reasons for that,'' Mr Eckstrom said.

  ''Firstly, they are developing their own software industry and, while it's fledgling, they're beginning to understand the frustrations of being ripped off.

  ''Secondly, the 301 pressure by the US has had an effect.''   Unlike places like Hong Kong where the penalties are no more than a slap on the wrist, Taiwan is now handing down prison sentences and offering settlements.

   The Taiwan raids have shown the high level of international co-operation in these rackets, such as the connection between Indonesia and Singapore.

  A year ago, the Shenzhen Reflective Materials Institute - part of Shenzhen University - which gave the Taiwanese counterfeiters the Microsoft security holograms, was raided.

  ''We estimated that it cost Microsoft US$30 million in lost sales, let alone the cost of investigation and lawyers,'' Mr Eckstrom said.

  ''We have found out but not seen the written answer that Microsoft has been awarded [by the state] $2,000 in damages . . . if it's true we'll refuse it.''    Thailand's promise to enact copyright protection stalled last year, but the government has said it will try to pass the legislation by April.



Copyright crusader faces uphill fight