FAST fingers another Cardiff biz over software compliance

I wasn't aware

that FAST had any powers whatsoever.

Guilty until proven Innocent?

"Changes to the Copyright, Designs and Patents Act made in April 2007 gave Trading Standards officers the power to enter premises and seize goods and documents they believe to be involved in copyright infringement."

Isn't there a big difference between that and

"Trading Standards could cold-call on them to inspect their software licences for compliance."

Surely TC have have some "proof" or "evidence" that these companies are involved in copyright infringement. Turning up on the doorstep and saying "WE want to see your licences NOW or we're seizing your goods and documents" sounds something that Stalin would be proud of.

Oh, of course, its IP Crime and everyone is automatically guilty automatically and no doubt if you can't find that paperwork because Oracle or MS screwed up they seize your server and shut your business down and when, months later they get off their fat arses and review things and it turns out that you were totally legal they'll issue some pathetic apology and leave you in the gutter.

How can TC basically accuse people of being criminals with NO proof?

Another reason not to be based in UK

Well there's another reason not to be based in the UK. At any time you could face an inspection of your software licenses, which costs £BIG disruption, and you need to keep someone responsible for the licenses available to ensure you can prove your compliance. Note that proof of prior suspicion is not needed.

So this is yet another reason not to base your business in the UK.

wot?

So when did Trading Standards become Microsoft's bitch? I must have missed that memo.

And the evidence was...?

I should hope the evidence Trading Standards were acting upon was something more concrete than a "We think so and so is using unlicensed software" - like actual proof. Anyone cold-calling my employers and demanding to see software licenses would be politely told to go forth and multiply, learn some manners and come back once they knew how to use those manners properly.

Perhaps one of El Reg's legal eagles can confirm what rights of entry FAST have and what proof Trading Standards need before they can legally act.

Cardiff central (i.e. Liberal Democrat?)

Presumably FAST will be careful not to request raids in his David Lammy's Tottenham constituency, it would look bad if business in Tottenham had to waste lots of money in these difficult times proving they are NOT violating copyright.

That's the problem of enforcement driven by private companies with political interests. Were the raids by any change in the Cardiff *central* constituency, which is the one not controlled by Labour?

Cardiff Central Jenny Willott LD

Cardiff North Julie Morgan LAB

Cardiff South & Penarth Alun Michael LAB

Cardiff West Kevin Brennan LAB

Then there's the information revealed during the raid. If FAST sees that the client is running Linux, they represent Microsoft and Microsoft is a competitor of Linux. Effectively trade secrets have been revealed to Microsoft by getting FASTs assistance in the raid.

Likewise the cases where there is no evidence of non-compliance yet FAST claim otherwise. (FAST claims that possession of the software is not enough, you need to prove you bought it, i.e. the receipts and the contracts). i.e. they shift the burden of proof onto the business in their argument.

There argument is probably spurious, but you would be exposing business who have legal software but not to FASTs definition, to lawsuits from FAST.

Microsoft are promoting Linux?

“help educate ‘Corporate UK’ as part of our remit to aid businesses in getting the maximum cost effectiveness out their software.”

Free/OpenSource Software...

is the best solution in the current economic climate.

If a business cannot afford to pay for software licences then it should close shop, or, use Free/Open Source Software. There's plenty of it out there now that is good enough for most businesses. Good enough is all you need, instead of more than good enough, which if your paying for, is wasteful.

Here's a current related story for the nay sayers:

http://arstechnica.com/open-source/news/2009/03/french-police-saves-millions-of-euros-by-adopting-ubuntu.ars

FAST now in with MS?

When I had dealings with FAST, they were the ones who told me to bin everything from the MS backed BSA without response. They visited us after putting the frighteners on the FD but once I had a chat and confirmed I knew what I was doing, FAST themselves seemed more interested in getting people to sign up as members, which we couldn't afford to do, so I assume not enough did.