Software pirates may have a harder time evading detection and postponing legal penalties, with new changes in UK law benefiting plaintiffs. The civil search warrant is part of the Woolf reforms which seek to make the legal process simpler, fairer and faster.
The changes will streamline the disclosure process, allowing both parties to find out firstly what the case is about and secondly to reach a position where they can resolve the suit if possible, says Robin Lawrence, head of the digital crime unit at the Federation Against Software Theft (FAST). The reforms spread the costs of litigation, with the plaintiff no longer bearing all the overheads.
Rapid resolution and processing of cases is a critical part of the changes. Traditionally, the defendant could ignore a case brought, says Lawrence, until the eleventh hour. Now they have 28 days to lodge a substantiated defense, unlike the previous system where a claim could be denied without reason before dragging on for months in a barely monitored legal labyrinth. The courts will manage suits instead of devolving responsibility to plaintiff and defendant, with the process kept under closer supervision so that both parties get engaged very closely, very quickly, said Lawrence.
Lawrence draws parallels between the Woolf reforms and legislation being debated in the European Union regarding digital signatures and service provider liabilities. The whole process is about disclosure, he said. Lawrence mentioned that the forthcoming review of the European software directive this autumn would bring further reform to the field.
The original directive, passed more than five years ago, was intended to harmonize software copyright compliance regulations across member states in the European Community. It has worked, says Lawrence, in large measure, but there are changes in the technology and in the commercial attitude to the technology since then, and the Commission is already canvassing for suggestions.
