It is pretty clear that the Business Software Alliance picked the wrong company to mix with when it picked Lord Weinstock’s GEC Plc and sought to make an example of its Marconi Instruments Ltd by accusing it of illegal copying of software. No-one was prepared to reveal details of the settlement to Computergram, but according to the Financial Times, counsel for the Alliance said that the charges had been dropped, which makes it sound as if the contest resembled Saddam Hussein versus the coalition forces. The Alliance is prepared to say only that the parties have reached an agreement to resolve the legal proceedings which were brought by Ashton-Tate Corp, Lotus Development Corp, Microsoft Corp and Wordperfect Corp for alleged unauthorised copying of software (CI No 1,575). The case was part of the pan-European anti-copying campaign by the Business Software Alliance which pursued the action in the UK with the Federation Against Software Theft. Marconi has denied the claim throughout and says that it is committed to using only legal copies of software. Like Saddam Hussein over Kuwait, the Business Software Alliance says that this agreement doesn’t mean that it is withdrawing its original claim, but it welcomes continuing efforts by Marconi to ensure the proper use of legal software, and the agreement means that the respective parties have found a way of resolving the dispute. Neither party is prepared to say whether any damages have been paid, although it appears not, but they are to co-operate in a review of Marconi’s software controls and audit procedures. Also, they are looking at how large end users can implement a model system that will be practical and cost-effective. The Alliance’s model recommendations for business software use state that senior management should circulate to all employees a notice stating that it is illegal to make or use unauthorised software copies. Secondly, it suggests that companies should conduct an audit of all personal computers so that it has a record of software programs installed on each machine. All illegal copies of software should be deleted and the inventory record adjusted and kept current. Each new software program ought to be recorded, and spot-checks should be conducted on a periodic basis to verify the accuracy of records. It would be tempting to seek to get the same kinds of measures instituted with respect to illegal copying of Computergram within companies, but we suspect that any such move would simply antagonise subscribers without actually generating much additional revenue.
