FAST is basing its new approach on powers contained in the Copyright Designs and Patents Act 1988. It explained that the Act enables a search warrant to be secured from a magistrate's court if a police officer has reasonable suspicion that an organisation – either private or public sector – is infringing copyright in the course of its business.
FAST is now working with the police across a number of counties to identify premises where such activities are taking place and to support the police in issue and execution of search warrants. FAST has committed itself to searching out and then prosecuting copyright offences.
Directors of offending companies will be in the firing line, with the possibility of a prison sentence if found guilty.
Geoff Webster, CEO of FAST commented:
"The message to company directors is clear - check your software licenses! Until then you cannot be 100% certain that you're not acting illegally and on the way to receiving a criminal record. Software publishers who are members of The Federation will not tolerate anyone making illegal use of software."
Previously, FAST has tended to use the civil process, which carries less severe penalties and offers more opportunity for offenders to settle out of court.
According to Webster:
"Civil law has its advantages, but in the current business climate, when budgets are under pressure, it simply isn't working."
He added:
"Figures [from the Business Software Alliance] show that in 2002, software piracy levels rose for the first time since 1994. This is a trend that the software industry is not prepared to see continue – last year it lost out on £204 million as a result. The Federation is not being harsh for the sake of it – infringement of copyright costs livelihoods. Software theft of any kind will no longer be a commercial option for businesses in Britain."
