Software Legalization in Ukraine
Date: October 15, 2003Source: Computer Crime Research Center
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Since March 1, 2003, State Department of Intellectual Property at Ukraine’s Ministry of Education and Science will start registering software producers and distributors and giving certificates of established standard to subjects of economic activities registered in it. The Register will allow securing more effectively owners and their successors’ rights connected with producing and using computer programs and database, and having reliable statistical data on creating and applying copyright objects. It will assure the transparency of procedures of product purchase, works and services as well.
Tolerant attitude towards the distribution of piratical software in Ukraine was seriously damaging the country image in the world community. However, since 2000 the situation has changed radically. The government started fighting against sellers and users of piratical software. The main reason of activation of home authorities and law enforcement agencies was the USA’s pressure on Ukraine up to introducing strict economical sanctions. Here America tries to protect interests of Microsoft US Company, which in fact became a monopolist on the software market.
Microsoft has told recently that its popular MS Office contains critical errors because of what some million users can lose their information during hacker attacks. It happens against rumors about a new version of Office, which is developed in Bill Gates’ Corporation.
Many users do not like Microsoft products because of their incorrect work and resource “voracity” (especially operational systems – games have better characteristics). Errors in Microsoft programs can be constantly found, however the company itself makes “apocalyptical” statements quite seldom. The corporation stated that an attacking hacker could launch programs on smb. else’s computer, change its data and even wipe away a hard disk by using e-mail.
Microsoft authorities have been worried recently by security problems. Early this year a special campaign called “Trustworthy computing” was started. Bill Gates has stated recently that $100 million were already spent on improving SW security. As to revealed errors, the company has already developed a special “patch”, which can be downloaded from Microsoft site. However many users will hardly execute this operation because they can even know nothing about critical errors. Reuters cites some utterances of Russ Cooper, a chief of True-Secure Corp security department: “It usually takes six-nine months to start widely using such “patches”.
Any scandal does not always arise in proper time. The detection of Microsoft Office critical errors coincided with the circulation of rumors about the process of developing a new version of the popular program. According to e-WEEK site the company develops tools for combining efforts to create the next Office versions and new network ideology. It means that new Office will be more “global” and security problems will become more serious. New software tools will be called “Trinity”. Results may be seen in 2003. The new Office is scheduled to appear at that time. As usual, Microsoft itself denies this information.
The usual pastime of computer community during the development of Microsoft new software versions is to spread rumors. The corporation almost never states anything officially preferring to keep an intrigue up to putting a new product on the market. Even when SW is ready and is passing numerous tests to reveal defects, special documents prohibiting the disclosure of information are signed up. The reason of such secrecy has an underlying: Microsoft opposes the ideology of “open code”. The company does not on principle make known initial texts of its software considering them a commercial secret.
On the other hand, there is the whole class of SW distributed on the base of “open code” ideology. Theoretically, anyone can test a program and suggest a producer how to improve it. Microsoft programs have been developed under such conditions for a long time due to its super-distribution. At least it concerns protecting means of this SW: hundred thousand programmers all over the world try to break programs, nearly all of them not being malicious hackers. Most these friendly hackers inform the company about detected errors.
It is known that Microsoft was ordered to publish some information on its programs owing to the last decisions of the famous antimonopoly trial. Who knows, may be these decisions and increased attention of world programmers to Microsoft products will make the company accept the policy of “open code”.
The recently broken out scandal with “1C” suggests that software producers themselves provoke users to purchase piratical SW. Instead of final “IL-2 Attack plane: Forgotten battles” a beta-version of the game was put on the market.
“1C” addressed to users:
Dear users and partners!
Because of the error committed at preparing master-disk of the “IL-2: Forgotten battles” first issue we released preliminary game version with some errors and time limits instead of the final one. The erroneous products are not marked with “1.0 R” on the disk front sides. After May 1, 2003, the game will be not started from such disks.
“1C” releases a special patch, which will change this game until the final version 1.0R thereby eliminating the problem.
“1C” and personally Oleg Maddox, a manager of “IL-2: Forgotten battles” project present their apologies for caused inconveniences.
1.0R patch aims at:
1. Correcting errors of Star Force protection, which cause operation system malfunctions at some personal computers and inner problems of the game itself that can make it impossible to start the game in time.
2. Correcting text information.
By the way, this patch size is 18Mb. You can imagine it.
A user waits for the game; then he buys a licensed disk (for quite big money) but obtains a product that is worse in quality (and more expensive) than a piratical one. Then the firm starts releasing all sorts of patches, you downloading them through Internet for your own money. The disks cannot be always returned and here appears a problem with the producer dealer network.
In this connection, lawmakers should not forget about software producers themselves. They also must response “with all the severity of Law” for negative consequences caused by their program products. Users are not satisfied with statements that a program is written by a human being, errors are possible; there is no ideal program. The companies-producers say in a loud voice about their enormous losses, protect their own rights but do not always maintain properly.
The “1C” representatives were put a question: Can “Star Force” be made answerable for the manufacture and “1C” for the distribution of protecting software, which spoils operating system in such a way that it requires to be reinstalled. And is such a “protective system” harmful?”
“1C” experts said that it is out of the question to make somebody answerable because the company-producer’s actions had no obvious intent. It was noted apropos of that: “Obvious” and “harmful” mean two different things! An accountant installs a licensed game with the manager’s consent. It puts the system out of action and thereby the accounts department for the whole day. Who must be responsible for that?” If you could not write a normal software that is some loss was inflicted you should carry the responsibility for that. Pirates have nothing to do with that. However, when forcing, copying and localizing SW, they commit errors causing system malfunctions. In addition, piratical copies can contain viruses, which are capable of striking separate computers and total networks.
The use of unlicensed program copies is a copyright infringement and can entail measures of juridical responsibility.
The software producer does not maintain unlicensed product copies. If there is a technical problem, it will be resolved without assistance.
Software market is characterized by two very serious problems: free “soft” and piracy. It should be noted that they are quite different but people cannot tell the difference between them. Piracy is an illegal distribution of author’s software. Piratical program copies can be sold at intently low price or free of charge. However, it is necessary not to mix up piratical copies with free and distributed without restraint software products, which are legal in their essence.
Outputs and market sales of author’s software considerably exceed now market outputs of free software. The mentioned market is profitable for the state from the standpoint of tax payments and a large number of vacancies.
According to Data-monitor SW industry created 137000 working places in East Europe countries. Data-Monitor predicts that the development of SW industry will allow increasing the number of employees by 69% (180000 till 2004). The highest level is expected in Russia and Ukraine. The reduction of piracy in Ukraine in 2003-2004 by 10% will result in considerably increasing employment from about 10,5% to 21%. Consequently, even such a low reduction of piracy gives an impulse to develop the labor market in East Europe countries, especially in Russia and...
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