Singapore: Ruffled Feathers Over Singapore Business Software Alliance's Questionnaire

The fight against piracy in Singapore is indeed an uphill battle. None will agree more than the Business Software Alliance ("BSA"), the anti-piracy watchdogs of Singapore.

In a recent battle effort against software piracy, the BSC thread a fine and dangerous line in issuing a 14-page audit questionnaire to small and medium sized enterprises ("SME"). The information requested for in the audit questionnaire include information which may be considered confidential by some companies, such as the number of computers used by the company and the kinds of software used. The questionnaire also includes a Declaration Form whereby the companies confirm that the information provided is correct and accurate.

BSA maintains that its aims behind the exercise is legitimate. The audit questionnaire is essentially to prompt people to think about the issue of software piracy and whether they are managing their software properly and is not intended to clue BSA as to which companies may be ripe for a piracy check. BSA also expressed that it is up to the individual companies whether they wish to share the information.

However, sentiments were very different from the point of view of some of the local SME. The phraseology of the audit questionnaire, including the Declaration Form and the statement "To avoid breaking the law, complete and return the enclosed audit form by …" did not sit at all well with some of the local companies. There are those who thought it implied that it is a crime not to respond to the audit questionnaire, and were unsure whether the questionnaire was purely voluntary in nature.

While there is no dispute that using illegal software is a crime, the issue at hand is really whether the phraseology in the audit questionnaire amounts to an improper threat of criminal prosecution. Certainly, some feathers have been ruffled in this exercise. But fortunately, none have come so far as to challenge the action in a court of law.

As much as the BSA's fight against piracy is legitimate and worthy of our support, one nevertheless wonder if the reaction prompted by this exercise in their recent line of action is in the best of taste or if it is worth the while. The fight against piracy is ultimately to the benefit of the business community as a whole. The cause can only be stronger if it is backed by the support of the masses whom it seeks to protect.