According to the latest report by the Business Software Alliance, piracy in Poland reaches 51 per cent., which means that every other installed software is illegal. It’s bad performance, especially when you compare them to the European average, which is 29 per cent. It would seem, however, that this problem concerns private users and possibly some entrepreneurs, but not public administration. But the reality is different.
– While previously with the problem of illegal software met mainly on the private market, so much from the beginning of the year we have more and more signals that it is also supplied to public entities in the framework of public procurement contracts. Only after some time recipient’s finding that labels, holograms or codes are simply falsified – says Piotr Marchuk, vice-president of the Association of Employers of digital technologies Leviathan and general manager. Corporate policy at Microsoft Poland.
Represented by his association recently sent a letter to the Public Procurement Office and the Ministry Digitization, which draws attention to the threat. It indicated in the four scenarios with which analysts met in public tenders. The first concerns the procurement of computers installed operating systems. On the hardware are placed counterfeit certificates or labels designed to confirm authenticity. Then it turns out that the codes printed on such certificates have already been activated once or come from theft. The second option – the delivery of multiple copies of software illegally. Vigilance should arouse the audience that it is delivered on CD-recordable DVD-R or USB flash drive. Association also warns against unauthorized activation codes (transmitted in the form of e-mails or print). The last way is the distribution of counterfeit certificates or labels from the fact that not with the hardware (as in option first), but separately.
Double payment
If the client does not recognize that fell victim to scammers, it uses software which has no rights. And he will bear the consequences.
– Responsibility for the use of this software up to the customer. It can not effectively cover up the assurances contractor and that it acquired the software in good faith – warns Agnieszka Wiercinska-Krużewska, a lawyer at the law firm WKB Wierciński, Kwieciński, Baehr.
– The most far-reaching consequence a ban on further use of programs that can be relatively quickly implemented by obtaining temporary protection. Purchaser runs well on liability for damages, eg. Payment of twice the remuneration payable – he added.
In other words, first for many months, officials have nothing to work with, then they must pay double the price, though previously paid for fraudulent traders.
– If the contract with the contractor is properly executed, the contracting authority may have a claim for relief themselves of responsibility for such damage – rounds out but mec. Wiercinska-Krużewska.
But count not only the financial impact.
“There are 33 percent. the likelihood that consumers and businesses will be in contact with malware for the acquisition and installation of pirated package. This could potentially expose users to threats from spyware, malware and viruses, which in turn can lead to fraud, identity theft, data loss, breaches of confidentiality, and failure of systems “- can be read in a letter to the PPO.
Verification of legality
How to protect against this risk?
– Purchaser shall have the right to request submission by the contractor declaration that carried his supplies meet certain requirements, eg. for the originality of delivered products and the conformity of the goods with the provisions of copyright law – says Rafał Kasterski, legal advisor with the law firm Kasterski & Partners. – If the statement was untrue, there would be a condition to exclude a contractor from Art. 24 paragraph. 2 points. 3 of the Act – Public Procurement Law (Journal of Laws of 2013. Pos. 907 as amended.) – He added.
The expert also draws attention to the possibility of rejecting the offer pursuant to Art. 89 paragraph. 1 point 3 of the Act, which is due to commit an act of unfair competition. In the light of the judgment of the Court of Appeal in Poznan from 20 February 2008. (Ca IA 93/08) provide illegal software is in fact an act of unfair competition.
All these considerations are, however, theoretical in nature. In practice, the contracting authority during the tender period can not really verify the legality of the software. Even if the demands of the sample, it just provided him a copy may be legal, while others are not.
– At the tender stage, but it does note the very large disparities in prices and even then make sure if the bidder may be justified discounts from manufacturers or distributors of software – highlights Piotr Marchuk.
ZPTC Leviathan proposes authorities, to the specifications to write down specific provisions which may strengthen their position (pattern on page Uzp.gov.pl).
– To provide illegal software may constitute a breach of contract with the customer. There can be foreseen the right to withdraw in case of breaching provisions by the contractor, and also able to charge in such a case the contractual penalties – suggests Rafal Kasterski – condition for the use of such sanctions is, however, to verify the legality of the delivery item – notes.
I do? – The best way is to contact the software manufacturer – says Piotr Marchuk. ©?
No comments:
Post a Comment