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COSOTA swoop on pirates
April 12, 2008

The Copyright Society of Tanzania (COSOTA) has brought alleged software pirates operating in Dar es Salaam to book after weeks of careful planning and a successful sting operation.

Hafidhi Internet Café, Sunrise Computers Limited, Power Computers Telecommunications Limited and Q-Print in Dar es Salaam are among the latest companies to be arrested on suspicion of copyright infringement in relation to software sales, installations and usage.

The enforcement actions come after COSOTA circulated notifications to software distributors, resellers and businesses asking them to ensure usage of legitimate software within their business premises. 

“While several software distributors, resellers and businesses such as those that resell computers and software, cyber café operators and some individual users have responded positively to COSOTA’s notifications, others have deliberately chosen to ignore the compliance advisory hence the deployment of routine countrywide enforcement actions to curb software piracy,” said Mr. Yustus Mkinga the COSOTA, Copyright Administrator and Chief Executive Director.

In total, nine computers containing unlicensed versions of Microsoft Windows  operating system and office were confiscated at Hafidhi Internet Café along with 10 Microsoft Windows operating system counterfeit media worth Tsh 1,530,000. and 20 Microsoft Office edition counterfeit media costing Tsh  4,500,000. The total value of all pirated software contained on the internet café computers is estimated at Tsh 2,6m for Microsoft Windows operating system and Tsh 3,9m for Microsoft Office. 

Also impounded was Windows operating system costing Tsh 153,000 and Microsoft Office counterfeit Installer CDs worth Tsh 450,000 from Sunrise Computers. Power Computers Telecommunications Limited surrendered a computer loaded with pirated Microsoft Office Software and seven counterfeit Microsoft software installation media while Q-Print submitted one high quality counterfeit Microsoft Windows operating system media. Following the seizure Mr. Mkinga, said the owners of businesses were arrested and will be arraigned in court on charges of copyright infringement. While infringement of computer program or software may give rise to civil cases under Section 36-41 of the Act, breaking the law on commercial basis may give rise to criminal cases that may prompt 3 to 5 years imprisonment or fines ranging from Tsh 5,000,000 to Tsh 10,000,000.  

In an effort to sustain the momentum to curb software piracy and counterfeiting that according to COSOTA is largely enhanced by lack of awareness amongst the masses about the severity of the crime, Mr. Mkinga reiterated government’s commitment to curb copyright infringement by sharing knowledge with the public and the country’s business community. He thus called on business owners in the private sector and IT managers in public offices to ensure their firms were compliant. 
 
Through partnership with various stakeholders, COSOTA has intensified its strategic awareness campaigns that also aim at apprehending and prosecuting organizations and individuals who are not willing to comply. “A country with effective enforcement mechanisms creates a better environment for the development of a vibrant copyright industry,” said Mr Mkinga stressing that although pirated software and CDs containing counterfeit content are readily available in the market, there is no excuse for one to procure and install such software across multiple computers.

According to Abed Hlatshwayo, Microsoft’s anti-piracy manager for East & Southern Africa, users and businesses should ensure that all software at their disposal is properly licensed. In the event that they want to purchase new computers, they should also ensure that they receive all the relevant documentation that accompanies genuine copies of both Windows operating system and Microsoft Office.

This includes a certificate of authenticity, which should be affixed to the physical computer being bought, and original CDs, which prove that the versions of Microsoft Windows operating system and Office being used are genuine.

COSOTA is responsible for the promotion, prevention and defense of all intellectual property such as music, movies, software, and general consumer goods has been met with much success in its recent efforts to combat piracy in the country, largely due to the support of the Copyright owners themselves.

“Whilst we look at enforcement actions as a last resort, Microsoft will protect honest resellers and businesses by challenging those who persist in dealing with pirated software,” says Mr Hlatshwayo adding that Microsoft is working with local laws and law enforcement agencies to take appropriate action when a business is found to be offering services on account of pirated software, and duping both buyer as well as end-user customers.”
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