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BSA Files Software Piracy Complaints Against Drug Testing Company
Jun 24 2007 -

Manila, Philippines (June 22, 2007) –The Business Software Alliance (BSA), a non-profit organization promoting the use of licensed software, has filed Affidavit-Complaints against Drugcheck Philippines, Inc. for the use of pirated and unlicensed software programs in its business. The BSA filed the complaints with the Department of Justice on behalf of its members Adobe Systems and Microsoft Corp.

Respondents to the complaints filed by BSA for copyright violation are owners and corporate officers of Drugcheck Philippines namely: John Catindig, Nancy Barnachea, Ma. Alva Sahagun, Dominga Dela Cruz, Ignacio Jimenez, Gelacio Diaz Puzon Jr., Zenaida Ramos and Rolando Olanday.

The filing of the criminal complaints followed in the wake of investigation and surveillance conducted by the CIDG Anti-Fraud and Commercial Crimes Division (CIDG-AFCCD) after verifying reports that the company has been using unlicensed copies of Adobe, Adobe Macromedia and Microsoft software programs.

After obtaining search warrants from Executive Judge Reynaldo Ros of the Regional Trial Court of Manila, agents of The CIDG-Anti-Fraud and Computer Crimes Division (AFCCD) raided the premises of Drugcheck at its head office at the 2nd and 3rd floors of New Rosario Arcade, # 42 Ortigas Extension, Rosario, Pasig City. The police seized and impounded computers used in the different departments of the company including its Human Resources, Audit and Laboratory Departments after determining that they contain unlicensed software programs of Adobe, Adobe Macromedia and Microsoft.

Drugcheck lawyers immediately filed a motion to have the search warrants quashed for being defective, including a motion for the inhibition of Judge Ros, who granted the motion for inhibition, and transferred the case to the Judge Cielito N. Mindaro-Grulla.

Judge Grulla, however, issued her Order dated April 23, 2007 denying the motion to quash, ruling that the search warrants were properly issued by Judge Ros. She confirmed that the search warrants sufficiently described the location of the premises to be raided, that an eye witness did see unlicensed software programs in the computers of Drugcheck before the raid, that Judge Ros extensively questioned the witness on this issue, and that the search warrants sufficiently cited the specific offense committed by Drugcheck.

“We are encouraged by this decision and are optimistic that the judiciary will act promptly in this matter,” said Tarun Sawney, BSA Director for Anti-Piracy in Asia.

Sawney also added that, “Companies that use unlicensed software assume they are saving on cost. But the truth is, it affects their productivity, compromises on network security and inflicts harm on their business.”

The BSA recommends that companies practice strong software asset management which includes conducting software audit to avoid installation of unlicensed software and setting aside budget for software procurement.

According to the Intellectual Property Code of the Philippines, copyright violation leads to penalties of up to nine years of imprisonment and a maximum fine of Php 1.5 million.

The BSA operates a toll-free anti-piracy hotline, 1-800-1-888-8787, and an online reporting form at www.bsa.org/philippines for anyone wishing to report businesses that use pirated and unlicensed software. A reward of up to P1 million awaits anyone who provides information leading to a successful action against a corporate end-user.



* About BSA
The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade and e-commerce. BSA worldwide members include Adobe, Apple, Autodesk, Avid, Bentley Systems, Borland, CNC Software/Mastercam, McAfee, Microsoft, Monotype Imaging, PTC, SolidWorks, Sybase, Symantec, The MathWorks and UGS. BSA regional members in Asia include Altium, BEA Systems, Breault Research Organization, Frontline PCB Solutions - An Orbotech Valor Company, INUS Technology, Minitab, Tekla and Trend Micro. In the Philippines, the BSA maintains a Memorandum of Understanding with the Philippine Software Industry Association, Philippine Internet Services Organization, the Institute of Internal Auditors, the Association of Government Internal Auditors and the Intellectual Property Office of the Philippines.

Contact Information
Chrysty Vergabera
Perceptions, Inc.
+632-891-3396 or 891-3485

Jun 24 2007.Press Release .more info
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