(Washington, DC) The Software & Information Industry Association
(SIIA) announced today a settlement that stemmed from a civil suit filed
on behalf of Adobe Systems, Inc., Alias|Wavefront, a division of Silicon
Graphics Limited, and Macromedia. The settlement with Julian Kish of
Chicago, IL, came just two weeks after a suit alleging violations of the
Copyright Act was filed in U.S. District Court for the Northern District
of Illinois. The settlement includes a confidential payment for the
unlawful distribution of software, a letter
of public apology from Mr. Kish and an order not to infringe
copyright in the future. If settlement was not reached, the defendant
could have been liable for up to US$150,000 per violation.
The settlement announced today came on the heels of an SIIA sting
operation designed to search for, and to enter into transactions with
sellers offering illegal copies of software on popular auction sites
such as eBay and Yahoo Auctions. Pirates have been data-mining email
addresses of bidders on auction sites and sending spam that includes
offers of pirated software. SIIA's efforts on behalf of the plaintiffs
was designed to both stop those who were selling software this way and
educate bidders on how to recognize such illegal offers by way of a
recently released white paper, accessible at http://www.siia.net/sharedcontent/piracy/news/auction2001.pdf.
"We are pleased that we were able to amicably settle this matter
with Mr. Kish," said Peter Beruk, SIIA vice president for
Anti-Piracy Programs. "This type of piracy is a significant problem
for the software industry, and shows the increasing savvy of software
pirates. When sellers have the ability to offer unauthorized copies of
software to unwitting customers, for little or no cost, we must move
actively and decisively to stop this scourge that is impacting the high
technology industry. We have discussed the data mining issue with the
major auction providers and each of them have indicated their
willingness to cooperatively work out a solution."
The defendant, Julian Kish stated, "I would like to say that I
am very sorry for what I have done. I am sorry to have taken from the
very industry in which I am associated. I started doing this for all the
wrong reasons and I am pleased that settlement outside of expensive and
lengthy litigation was possible. I urge others to think long and hard
about any unlawful activities they are performing. The penalties for
these acts are very high as I have found out. In the future I will
always abide by the copyright laws and the agreements that accompany all
software, and I urge everyone else to do the same."
SIIA expects to announce further details of its continuing sting
operation soon.
The Software & Information Industry Association
(SIIA) is the
principal trade association of the software code and information content
industries. SIIA represents more than 1,000 leading high-tech companies
that develop and market software and electronic content for business,
education, consumers and the Internet. For further information, visit http://www.siia.net.
Hundreds of these companies look to SIIA Anti-Piracy to protect their
intellectual property rights around the world. Visit the SIIA
Anti-Piracy homepage at http://www.siia.net/piracy.htm.
Cases of software piracy should be reported via the Anti-Piracy Hotline
(800) 388-7478.