Don't let Anton knock on your door!
In the ACS Webcast titled "Pssst - want some free software", Rob Harmer mentioned "Anton" as a character who you didn't want to meet, as he really isn't nice.
In fact Anton, is short for Anton Pillar order, which is a legal instrument issued in a court of law and the following snapshot gives you a view on what it can do for you. It's a lot wider reaching than many would believe.
Anton Pillar orders are usually generated after very solid advice given from a tipoff (typically after a reward scheme is in place) and are issued with caution where the anti-piracy -police or their legal representatives need to act fast.
If you think being raided (under an Anton
Pillar order) can't happen to you, then sit down, have a coffee, sit back and
relax and watch this short video presentation. …….. and PAY ATTENTION!
It
is provided FREE by the Business Software Alliance in
| What
is an ANTON PILLAR ORDER? As
a general guidance; An
Anton Pillar Order is an order allowing for an applicant (without notice
to a respondent) to enter the respondent's premises and inspect or seize
documents or other items. The
issuance of an Anton Pillar Order has been deemed necessary by a Court
of Law to demonstrate through substantial evidence that this legally
binding order is both vital and necessary to preserve evidence. An
Anton Pillar order can include the following conditions such as:- •
a requirement that the
respondent disclose the whereabouts of specified documents •
an inventory of seized
items to be prepared and that the defendant have an opportunity to check
it and sign it before documents are removed •
an order not to use
documents or items seized for any purpose other than for the purpose
under which the order was originally granted •
an offer of explanation to
the persons served with the order in plain language as to the meaning
and effect of the order and the person's right to obtain legal advice
before compliance with it. When
issued, the Anton Pillar order is often seen as an effective and very
public remedy used by Software Vendors when they are attempting to stop
illegal software use (termed Software Piracy) and Copyright Infringement
to achieve or effect recovery of property OK,
What are your rights? The
following information lists some of the rights of an organization
against whom an Anton Pillar Order has been obtained. • Seek
Legal Advice The
organisation is usually given the right under the Terms of the Order to
obtain legal advice before the vendors solicitors commence searching the
premises. BUT the time-frame is LIMITED. • How long
can you delay the execution of an Anton Pillar Order? When
served with an Anton Pillar order, you have between 1 and 2 hours to
seek legal advice from your solicitors who should be present whilst the
Vendor’s solicitors search your premises to "search, seize and
remove illegal copies of software, discs, manuals and other documents
and evidence" which indicate that software theft has occurred. • Who
should be present during the execution of an Anton Pillar Order? It
is always advisable for the organisation's solicitors to be present
while the Order is being executed in order to ensure that the terms of
the Order are strictly complied with and the Vendor's solicitors do not
search or seize material not permitted by the Order. • Can an
Anton Pillar Order be discharged? The
organisation has the right to apply to the Court for the Order to be
discharged BUT only under specific conditions. It is extremely rare in
practise for an application to be made to discharge the Order before it
is executed. The very nature of an Anton Pillar order is one of
"surprise and discovery". An
Anton Pillar Order can be discharged in the following circumstances a;
f there was something fundamentally wrong with the Order which
has been obtained eg; the Vendor had targeted the wrong organisation b;
or the Vendor had failed to disclose to the Court important
information which might have affected the Court's decision whether or
not to grant the Order in the first place. |
Need to learn more about Software Compliance Issues?
For LESS THAN the cost of a 1 hour consultancy fee, you can bring a significant amount of content 'in-house" to bring you up-to-speed, at your leisure, and this will enable you to lessen the risks you face in-house.
| An Emerging Threat You May
Not Have Counted On This news is relevant for security and audit and management professionals in USA and around the world. The Business Software Alliance (BSA) in USA announced in the last few days that it has increased its cash incentive (reward) to $US200,000 for information on software piracy that leads to an infringement settlement with software vendors. Of course there are conditions, but suffice to day many have already put their hands up to claim their cash prize! The previous USA reward which ended on 28th February 2006 was $US50,000 (which was the highest we have known in the last 15 years) and it generated over 1,000 “reports” which means there are 1,000 organizations “under investigation”. Will this reward scheme have any effect outside USA? It sure will, where organizations have a US parent and/or an offshore subsidiary or vice versa. It will also induce other countries anti-piracy bodies to offer rewards seeing the successes to date with reports flooding in. The “anti-piracy net” could well widen to your country due to the very size and nature of the reward scheme on offer. As auditors and managers and chief executives in organizations you really need to take notice of what is going on and make sure you are well protected! Get the facts on the reward scheme from BSA and PCProfile. If you want to know how they can knock on your door and seize your assets (Can they do this ? Sure can!) read this! If you want to know more about what this “reward system” can do to both you your organization send an e-mail to pcprofile@internode.on.net and we’ll give you an inside rundown on the risks you face. They are really very substantial now that the stakes have been raised to this level! Wait until the music and the movie industry catch on to this reward scheme and see what sort of fun you will have then. There are some very simple and pragmatic steps you can take to ease the pain being created by this reward system. (besides taking a headache tablet or 2 to calm your nerves). |
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