Microsoft wins battle against software piracy<\/p>\n
JAKARTA (JP): U.S. giant software company Microsoft Corp. won
\non Monday a legal battle against software piracy by a local
\ncomputer dealer, who was ordered by the court to compensate the
\nplaintiff US$4.4 million.<\/p>\n
The West Jakarta District Court finally delivered its much-
\nawaited judgment on Monday after postponing the trial three
\ntimes.<\/p>\n
Reading the verdict in a 45-minute hearing, presiding judge M.
\nSaleh said that computer dealer PT Kusumo Megah Jaya Sakti had
\nbeen found guilty of violating copyright law.<\/p>\n
Saleh looked a little confused when reading the law since the
\nverdict did not fully state the number and year of the law's
\nissuance. What he meant was Article 1, paragraph 5 of Law No.
\n6\/1982.<\/p>\n
After being unable to double-check it with fellow judge
\nSoepeno, he again told the hearing, "The accused violated Article
\n1, paragraph 5 Law No. 6 ..., hmmm ... the year will be inserted
\nlater."<\/p>\n
"The accused has been found guilty of installing Microsoft
\nsoftware in computers sold to consumers, outside the terms of the
\nlicensing agreement," Saleh told the hearing.<\/p>\n
The panel of judges ordered the dealer to pay Microsoft $4.4
\nmillion in compensation and place a full-page apology in Kompas
\nand Bisnis Indonesia newspapers and Info Komputer magazine for
\nseven consecutive days.<\/p>\n
Lawyers of both Microsoft and PT Kusumo gave no response when
\njudge Saleh asked whether they had any objections to the ruling.<\/p>\n
However, apparently unhappy with the verdict, the dealer's
\nlawyer, Hermawi Taslim, told The Jakarta Post outside the court
\nroom that he would appeal to the high court.<\/p>\n
Meanwhile, Microsoft's lawyer Ahmad Djosan said that he was
\nhappy with the ruling, "But I have to consult with my client
\nfirst about whether or not to accept it."<\/p>\n
This was the first verdict delivered by the court here.
\nBesides this lawsuit, Microsoft has also sued four other local
\ncompanies for allegedly installing pirated Windows '98, Windows
\n97 and Microsoft Office 2000 software in computers they sold to
\nthe public.<\/p>\n
Microsoft found out about the software piracy by PT Kusumo
\nwhen one of its staff bought a computer from the dealer's shop,
\nProfessional Computer (Procom), in Mangga Dua shopping mall in
\nWest Jakarta on Jan. 3.<\/p>\n
The shop attendant showed that the computer had been equipped
\nwith Windows 1998 and Microsoft Office 2000 and other software,
\nalthough the Microsoft staff member had not asked the attendant
\nto install them.<\/p>\n
On Jan. 16, Agus Budiman from Dell Consultants, hired by
\nMicrosoft to examine the computer, found that the dealer had no
\nlicense or other documents from Microsoft.<\/p>\n
Microsoft actually demanded that PT Kusumo pay $8.87 million
\nbased on the daily estimated computer sales of about ten items in
\nthe store, which had been established for over four years. It
\nalso demanded that the dealer advertise an apology in ten local
\nnewspapers here.<\/p>\n
Upset, Taslim said that the verdict "doesn't make sense at
\nall," claiming that his client had only established his business
\nabout two years ago.<\/p>\n
"Why should the company have to wait for more than 10 days
\nafter buying the computer on Jan. 3?" Taslim argued, adding that
\nanyone without computer expertise could install software easily.<\/p>\n
"Nobody can prove who was the one that actually installed it,"
\nhe said. (04)<\/p>",
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"sponsor": "Okusi Associates",
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