Microsoft wins court order in piracy case

Microsoft got a High Court order yesterday against a Dublin company which was alleged to be using unlicensed Microsoft business…

Microsoft got a High Court order yesterday against a Dublin company which was alleged to be using unlicensed Microsoft business software programs in many of its personal computers.

The court order, which continues until Monday, entitles Microsoft agents to inspect, detain and preserve items which appear to be infringing copies of Microsoft software programs at IT Designs, at Joyces Way, Park West Business Park, Dublin.

Mr Michael Vallely, for Microsoft, said IT Designs was a software development firm employing about 150 people. The complaint was that IT Designs was running a large computer network with unlicensed software.

Mr Vallely read an affidavit by Mr Kieran A. O'Connor, a Dublin solicitor, retained by Business Software Alliance (BSA), on copyright and trademarks in computer software programs vested in computer firms such as Microsoft.

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The court was told 51 per cent of all software in use in Ireland in 2000 was estimated to be illegal and software piracy in Ireland cost software publishers more than $70 million (#80.2 million) in 1999.

Mr O'Connor said it was estimated that, in Ireland alone, 51 per cent of all software in use in 2000 was illegal and software piracy in Ireland cost software publishers more than $70 million in 1999. Piracy had cost the software industry more that $12 billion worldwide and western Europe accounted for 34 per cent of that loss.

The BSA had received reports from an informant concerning unlicensed and illegal use of Microsoft software by IT Designs, said Mr O'Connor. The informant had advised a software licence audit take place and it was clear the firm was severely under-licensed.

He said software programs bought by IT Designs did not reflect the amount of PCs and laptops it used, leading one to believe not all of the company's software was licensed. IT Designs also had a business premises in California and no registrations of software appeared on Microsoft's database of purchases regarding that address.

Mr O'Connor said he believed it was his evidence and information that IT Designs was engaged in the widespread unlawful copying, use, distribution, possession and networking of Microsoft software programs and the software of other BSA members.

Mr Justice Kearns made his order returnable for Monday and gave IT Designs liberty to apply to the court in the meantime.