Copyright law treats govt offices differently

M. Taufiqurrahman, The Jakarta Post, Jakarta

Due to their crucial roles in providing public services, government offices and educational institutions will enjoy lenient treatment when the new copyright law comes into effect at the end of July this year.

Director General of Intellectual Property Rights at the Ministry of Justice and Human Rights Abdul Bari Azed said the ministry was now formulating government regulations that would allow the institutions to escape punishment stipulated by the law.

"The ministry and software developers have agreed that different treatment should be accorded to public service providers and educational institutions, given their important role in society," Bari said.

He added that the ministry and software developers grouped under the Business Software Alliance (BSA) were considering exemption of private users at home from tough legal measures.

Last year the House of Representatives endorsed Law No. 19/2002 on copyright law, which stipulates more severe punishments for users of pirated software. The law will come into effect on July 29.

Law No. 19/2002 bans the use of pirated software mainly for commercial use. Those who commit piracy, sell pirated software or simply allow the crime to take place will face a maximum jail sentence of five years or a Rp 500 million fine.

The leading software developer, Microsoft, also agreed that the new copyright law should not be implemented in a radical manner.

"Piracy is a major problem in this country and there is no way that it can be overcome overnight," business development manager of Microsoft Indonesia Diana Ardian said, explaining that the mere copying of software from one computer to another could be categorized as piracy.

She added that Microsoft had already accorded different treatment to public offices.

"We offer a price discount of up to 80 percent if the software is intended to be used in public service," Diana told The Jakarta Post.

She said that Microsoft was now carrying out a campaign to expand its lines of distribution.

"We hope that by the time the new law comes into effect Microsoft will easily be available to consumers," she said.

The company was more concerned about the piracy carried out by businesses, said Diana.

Confirming that Microsoft fully supported a year-long campaign prior to enactment of the new law, she said, "It is toward these business corporations that use software for commercial purposes that the campaign should be targeted."

Some government offices have been using original software in their daily work.

An information technology (IT) expert at the regional office of state Telecommunications Company PT Telkom on Jl Gatot Subroto, Tanto Suratno, said that for office purposes the management purchased only original software.

"But later we made a copy, so that it could be used for a large number of computers in the office," he explained.

Danang, a computer analyst from the directorate general of tax at the Ministry of Finance explained that his office used only licensed software.

However, if branch offices from outside Jakarta asked to use the software, the office would simply be told the license number, he said.

He acknowledged that the headquarters found it difficult to control the use of pirated software outside Jakarta.

Indonesia ranks third after China and Vietnam in software piracy. Even in the U.S., a country known for its respect for copyright, 25 percent of software sold was pirated.