C. Jakarta store owner tried for selling pirated software

JAKARTA (JP): A shop owner was indicted at the Central Jakarta District Court on Friday for selling pirated Windows '98 and Office '98 computer software.

Prosecutor Hermut Achmadi said the defendant, Phang Kun Mui, alias Akun, 25, the owner of Brother Disk shop in Dusit shopping center on Jl. Raya Mangga Dua, Central Jakarta, was arrested by police during a raid on Sept. 23, last year, for selling the pirated software.

"The defendant caused material losses to the owners of the softwares' intellectual property rights," Achmadi said without disclosing the amount of the losses.

The prosecutor named the owners of the software as members of the Business Software Alliance (BSA): Adobe System, Autodesk Inc., Lutos Development Corp., Microsoft Corp. and Novel Inc.

He said Akun admitted to buying the pirated software from an unidentified salesman for Rp 20,000 (US$2.30) per package and selling the software to the public for Rp 35,000 per package.

The defendant must have known the software was pirated because it was so much cheaper than the original software, which is sold for between Rp 500,000 and Rp 14 million per package, Achmadi said.

A package of the original software, he said, included CD-ROMs, instruction manuals, a registration card, a certificate of authenticity along with the software's serial and product numbers.

The original software is sold at authorized dealers which have been licensed by BSA, he said.

The defendant only sold the CD-ROMs instead of the complete software package with the officially required accessories, he said.

"Akun, who did not have a license from BSA, realized a huge profit by selling the pirated software," he said.

Akun was charged under Article 44 (2) of Law No.7/ 1987 on intellectual property rights.

The article carries a maximum penalty of five years in jail and a Rp 50 million fine.

Presiding Judge Hupoyo adjourned the trial until next week to hear the response from the defendant's lawyers.

Akun is not being held in custody.

It is widely known among both the public and law enforcement officials that a number of pirated goods are produced, distributed and sold across the country.

The multibillion illegal business covers not only computer software but also video compact disks, compact disks, books, shoes, handbags, wristwatches and handkerchiefs.

The pirated goods have no trouble finding a market, including among foreigners, because of their low prices and relatively high quality. (jun)