THE following Cablegate cable is from last year, so it is relatively recent. It shows Microsoft using the Business Software Alliance (BSA) to hammer on a country where-unpaid for copies are assumed to be lost sales (which they are not, it is a common fallacy) and people are being hurt after intervention from Microsoft's government, demonstrating kowtowing yet again.
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STATE PASS FOR EAP/MTS/COPPOLAMG, EEB/TPP/IPE/URBANJ STATE PASS USTR/EHLERSK STATE PASS FOR USPTO BANGKOK FOR FCS/NESSJ
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E.O. 12958: N/A TAGS: ETRD, KIPR, ECON, EINV, USTR, BX SUBJECT: Microsoft Finds Light At The End Of The IPL Tunnel
1.(SBU) The U.S. Mission to Brunei and Ambassador Todd's relentless pursuit of advancing Intellectual Property Rights (IPR) over the past year by the U.S. Mission to Brunei along with USTR's able assistance showed a real dividend this week when Microsoft won a landmark, first ever case against a Brunei IT firm January 26, 2010. EcoPrime Networks, an IT training institution, became the first Brunei firm to be convicted under Brunei's Intellectual Property law. The firm has to cough up a fine of B$10,000 on top of losing most of their IT equipment, which was confiscated in the raid by the Police in September 2008. End Summary
2. (SBU) After more than a year of litigation processing, Microsoft can claim a tangible victory and send a serious shot across the bow to other would-be vendors and end users of illegal pirated software in Brunei. EcoPrime Networks, an IT training institution, received a painful lesson that times are changing in Brunei. The modest fine of $10,000 Brunei is seriously augmented by the loss of 90 computers and servers along with 200 copies of illegal software. These combined losses in addition to their credibility as a legitimate training facility will serve as a visible deterrent for other such potential violators. Senior Director for Anti-Piracy (Asia Pacific) Tarun Sawney of the Business Software Alliance was quoted as saying, "This is a reminder that even companies that use pirated software are breaking the law and subject to prosecution. Businesses must stay legally compliant and this includes ensuring they continue to use only legal and genuine software."
3. (SBU) This successful conviction and sentencing of EcoPrime combined along with the ongoing successes of Recording Industry Malaysia's (RIM) actions against pirated music, are both strong messages to the local community that rights holders and law enforcement will not hesitate to take action on IPR infringement. These recent improvements are directly related to the multiple efforts taken by US Embassy Brunei to educate both law enforcement and legal entities, not to mention the general public as to the dangers of violating such rights. The Microsoft case should be an encouragement to American rights holders (like the Motion Picture Association (MPA)) to engage with local authorities to create a piracy-free environment for their products. Note: USTR representative Karl Ehlers and members of the MPA will visit Brunei February 9-10 to open such a dialogue directly with Brunei officials at the Attorney General's Chambers. End Note. Ambassador Todd and U.S. Embassy Brunei will continue to lead the charge on this key issue for Brunei especially as preparations commence for this year's Special 301 Watch List report.
TODD