A local computer outlet which was raided for allegedly selling unlicensed Microsoft products, has given an undertaking to the Supreme Court that it would never offer for sale, or sell any of the company’s products without permission in the future.

Oral Gayle, who operated Explorers Computer Sales and Service, gave the undertaking to the Supreme Court, after his business place located in the Dunrobin Plaza was searched on July 22, 2005, on an Anton Pillar Order.

The business which was suspected of being in breach of property belonging to Microsoft, was searched.

The Anton Pillar Order allowed the search, inspection and seizure of computers, and other items which appeared to be an infringement on the copyright of Microsoft software programmes.

Although Gayle, did not accept liability, lawyers representing Microsoft said he was fully co-operative with the orders of the court.

Dianne Daley, of the law firm Foga Daley and Co, and well known intellectual property attorney, said the successful completion of the case was a first in Jamaica.

“This is the first civil action in respect of copyright infringement in computer programme, initiated by a Business Software Alliance (BSA) member in Jamaica. Its success has bolstered the confidence of software owners in our judicial system,” Daley told Observer.

The items seized by the lawyers, including sales data and computers, on behalf of Microsoft, have now been returned to his store.

However, other terms of the settlement were not disclosed.

The Business Software Alliance (BSA), which has an anti-piracy programme in nearly 100 countries, was pleased with the outcome of the court action.

“We see this as an indication of a recognition, and respect for intellectual property rights, and believe that it will create in-roads for gaining greater compliance from the local retailers from which the BSA members rely on to conduct legitimate business, said Juan Carlos Guzmán, BSA country manager.

Daley is also the local BSA representative for Jamaica.

Established in 1988, BSA has anti-piracy programmes in more than 80 countries and is the voice of the world’s commercial software industry before governments and in the international marketplace.

Under the Copyright Act of Jamaica, the unauthorized copying of computer software is an infringement. The copyright owner can sue in the civil court for an injunction, damages and destruction of infringing copies, in addition to other remedies.

It is also a criminal offence punishable in the Resident Magistrate’s Court by fines of up to $100,000 and/or imprisonment of up to two years. In the Circuit Court, fines for software piracy are set by the court and the offender can be sentenced to prison for up to five years.

-virtuee@jamaicaobserver.com