The Federation receives around 100 complaints of software infringement every month.

Software theft can be defined as the unauthorised use or illegal copying of computer software. This can take many forms such as commercial counterfeiting, deliberate and unauthorised copying by dealers, unlicensed copying and use by "end users" and plagiarism by competitors.


Professional Counterfeits
- Professional Business Software
- Packaged product complete with security devices and counterfeit licences
- CD ROM Software
- All platforms


CD-ROM Piracy
Pirate CD-ROM compendiums produced on commercially available CD-ROM devices intended for backup function.
If the software contained on these compilations disks were purchased legitimately, the average value of the software is estimated to be in excess of £30,000.

Quasi-Counterfeits
Scanned colour cover with laser printed labels.
Manufactured to pass off as genuine product.
Often sold online or in circumstances where the product cannot be viewed prior to sale.

Hard Disk Loaders
Dealers who load infringing versions of copyright programs to encourage customers into buying computer hardware.

One Day/Car Boot Sales
Individuals selling large quantities of copied software. Usually disks have only hand-written/typed labels, often if artwork is used the images will be blurred and/ or pasted onto the CD-ROMs. Often sell pirate compilation CD-ROMs

Peer to Peer / IRC
You may have read in the press recently that The Federation has secured court orders against 10 ISPs, ordering them to supply user information for 150 targets illegally sharing software. Here is some information about the driving force behind the success

Operation Tracker
The Federation Against Software Theft (www.fast.org.uk) (‘The Federation’) is taking action against a large number of computer users who are breaking copyright law by sharing software on the internet.

Applications may be made to the court in order to uncloak each target. The orders allow ISPs (Internet Service Providers) to hand over personal contact details, at which point The Federation may investigate and prosecute.

What is Operation Tracker and how does it work?
Operation Tracker finds illegal upload activity; whether from an individual or company connection to the internet. It is CCTV for the Internet. If company directors know of such activity, they may be ultimately responsible.
Targets have been identified by an undercover investigator, working covertly for The Federation.

What happens next?
Identities that have been realised from the ISPs through court action, can be investigated by The Federation. Ramifications may include payment for the file sharing.
The Federation will commence a second wave of investigations.

What is the legal basis for the court action?
The activities are unlicensed with the process giving rise to a number of infringing acts actionable as both civil infringements and criminal offences. File sharers are in jeopardy of legal action based on all or some of the following:

• Communication to the public (contrary to Section 20 of the Copyright, Designs and Patents Act 1988 ('CDPA'))
• Copying (contrary to Section 16 CDPA)
• Joint tortfeasorship
• Criminal liability (under Section 107 CDPA)

OEM Irregularity
- No Licences
- Sold without necessary hardware

Internet
Downloading illegal software and utilities. Downloading legitimate freeware/shareware software and not adhering to the terms of the licence. Software re-sold outside its’ original terms of sale, therefore without a valid licence. Unauthorised copies being sold on online auction sites. Downloading unauthorised copies from peer-to-peer sites, forums and IRCs

Corporate Piracy
Installation of software onto numerous computers, for example using the same CD-ROM.
Software installed onto a server being accessed by more than the licensed end-users.
Installation of employees own copy of software on corporate devices.
Software is not in the name of the organisation using it.

State of Software Licensing Compliance & Piracy/b>
29th July, London.