Microsoft, the computer software giant, acting through its local lawyers, swooped down Friday on a Corporate Area computer company which it alleged was illegally infringing on the company's copyright.

Explorers Computer and Sales Service located at Shop 13, Dunrobin Plaza, and its owner, Oral Gayle, were served with an ex parte order, which gave Microsoft's representative, Foga Daley and their agents, the right to seize any products being sold by the company which appeared to be illegal Microsoft products.

A copy of the injunction obtained by the Sunday Observer, ordered Gayle to allow the representatives, along with an independent lawyer, to conduct the raid.

Just after 9:30 am Friday, attorney-at-law Huntley Watson, of the firm Watson and Watson - who was appointed by the court to oversee the proceedings for transparency and fairness to both parties - knocked on the doors of the local company, and informed Gayle of the planned seizures.

After an initial delay, Gayle complied with the authorities, and allowed the raid.

As the Microsoft agents worked, several children from the nearby Huttons educational institution, who were eagerly waiting to play games on Explorers computers, were seen knocking anxiously on the door, despite the sign saying "closed".

Disappointed, they began running along the corridors, disturbing customers attending to other business on the plaza.
The children told the Sunday Observer that they are charged between $50 and $75 to play Explorers' computer games.

Four years ago, Microsoft, through Foga Daley, carried out a similar raid on another Jamaican company for alleged copyright breaches. However, in that case - which is still before the courts - the software company filed a criminal action. In Friday's case, the lawyers filed a civil action.

Attorney-at-law, Dianne Daley of the law firm Foga Daley and Co, said the raid was conducted on the Anton Pillar Order, which allows a copyright holder to enter premises to search for and seize material that breaches copyright, without alerting the alleged infringer beforehand.

"The order allows for the seizure and detention of pirated material bearing Microsoft's label for which there is no licence," Daley told the Sunday Observer.

She said that tactically, it was better not to give prior warning of the raid, having found in other cases that the targets frequently "close shop and go underground".

"So we did not want to take any chance this time."
Sunday Observer efforts to contact Gayle for comment proved futile.
Microsoft had invested heavily in periodic training programmes to certify its agents, who are re-sellers of its products, Daley added.

Cases of possible copyright infringement are investigated by the Business Software Alliance (BSA) - a worldwide alliance of software developers, with offices all over the world, including Jamaica.

Foga Daley and Co are agents for the alliance here. It was their investigation which identified Explorers' alleged infringement.

BSA, in a global software piracy study, the results of which were released in May this year, found that Latin America and the Caribbean had the highest software piracy rate in the world.

In 2004, that translated into US$1.5 billion, or 66 per cent. Of that portion, the Caribbean accounted for US$6 million.

In the previous year, the region accounted for 63 per cent of the software piracy, amounting to US$1.3 billion. The Caribbean was responsible for US$7 million of that amount, the BSA study showed.

Daley said Microsoft had adopted a collaborative approach to end or reduce software piracy in Jamaica. For example, it has conducted public education programmes aimed at encouraging voluntary compliance with copyright laws and warnings had also been published in the local media.

"But sometimes it is necessary to take this kind of action (Friday's raid) to send a message that we are serious in protecting intellectual property," she said.

The raid was also conducted under the eye of the Intellectual Property Rights Department of the Police Organised Crime Investigating Division.

virtuee@jamaicaobserver.com

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