Revulytics Blog

Washington State’s Unfair Competition Law, Ex-employees Come Forward in Australian Radio Network Piracy Case – Week in Review 4/8/2013

April 10, 2013


Welcome back to V.i. Labs’ weekly update on software piracy and copyright infringement. In this edition: more news on the Unfair Competition Law front and an update on the Super Radio Network software piracy case.

Microsoft Leveraged Washington State’s Unfair Competition Law to Resolve Licensing Dispute with Embraer

Washington StateThe Washington State Office of the Attorney General announced that “Microsoft recently used a new Washington unfair competition law to resolve a dispute over software licensing with the world’s fourth largest aircraft manufacturer, Embraer.” According to the announcement, “The Attorney General’s Office helped pass the new law aimed at protecting both IP and fair competition in Washington and exchanged several letters with the Brazilian company in an effort to resolve this matter before taking more formal steps.”

As we noted in our recent webinar with PricewaterhouseCoopers, software vendors are beginning to leverage Unfair Competition Laws as another tool to drive license compliance. It is also interesting that two industries important to the Washington state economy – software (Microsoft) and aerospace (Boeing) – benefited from the application of the law. As Attorney Bob Ferguson stated, “When competitors use stolen software, it hurts the ability of law-abiding businesses that pay fair value for their software to compete,” Ferguson said. “This theft also robs the technology sector—one of the key drivers of economic growth in our country—of its work.”

New Developments in Australian Super Radio Network Case

Back in March, we told you about Microsoft and Adobe suing Australia’s Super Radio Network for software piracy. ZDNet reports that the case may widen “as ex-employees emerge to point fingers at more alleged copyright infringements.” According to plaintiff’s counsel, “There is a strong circumstantial case.”

Taking a case to court is resource intensive and expensive. While it does seem like the evidence in this case is strong, it is interesting to note that plaintiff’s counsel characterizes the case as “a strong circumstantial case.” One of the main benefits of a software intelligence approach to piracy is that the software vendor has forensic evidence of license infringement that circumvents the need for most cases to end up in court. Once an infringer is presented with this evidence, license revenue is more easily recovered.

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Michael Goff

Post written by Michael Goff

Marketing Director at Revulytics
Michael is Marketing Director at Revulytics where he is responsible for corporate marketing, content, and social media. He has helped to educate the industry on the benefits of software usage analytics for compliance and product management through the company's blog and contributed articles in trade publications. Michael was previously a marketing programs manager at The MathWorks and principal at Goff Communications. Michael earned a J.D. from Boston University School of Law and a B.A. from Colgate University.