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DENTAL TECHNOLOGY, JULY-SEPTEMBER 2023
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The Landscape of Software Piracy - Recent Trends and Data PRECAUTIONARY MEASURES
Software piracy, involving illegal software copying and distribution, has Legal Resources: Leveraging Copyright Laws to Combat Software
garnered the attention of organized crime groups worldwide. Statistics Piracy. In the ongoing battle against software piracy in India, harnessing
reveal that between 2015 and 2017, the software industry suffered $46.3 the power of copyright laws is a critical strategy. The Indian legal land-
billion in losses due to theft and piracy. The Business Software Alliance scape provides robust protection for intellectual property rights, and
(BSA) reported a modest 2% reduction in global software piracy from understanding how copyright laws apply to software is essential in safe-
2017, bringing it down to 37%. However, during the COVID-19 pandem- guarding innovation and curbing illicit activities.
ic (2020-2022), software piracy spiked.
China, United States, Russia and India are the top four contributors to Securing Software Licenses
global software piracy, with a commercial value of pirated software One of the primary steps in combating medical device software piracy is
reaching $27.3 billion outside North America and Western Europe. to ensure the robust protection of software licenses. Developers and
Furthermore, addressing malware linked to unlicensed software costs organizations must implement stringent license management systems,
more than $10,000 per infected computer and devices tallying a stagger- including license keys, activation codes, and periodic checks for software
ing $359 billion worldwide. This complex challenge underscores the authenticity. By closely monitoring and controlling the distribution of
urgency of comprehensive strategies to combat software piracy and its licenses, they can mitigate the risk of unauthorized duplication and dis-
costly ramifications. tribution. Additionally, employing advanced encryption and authentica-
tion mechanisms within software can further bolster its protection
ROOT CAUSES AND CHALLENGES LEADING TO SOFTWARE PIRACY against piracy.
1. Economic Factors: Economic considerations often drive software
piracy in any industry. Healthcare facilities, especially in resource-con- Customer Education and Training
strained regions, may opt for pirated software to try to reduce costs. A crucial aspect of piracy prevention is educating customers about the
Licensed software can be expensive and this can lead organizations to significance of software licenses and intellectual property rights. Regular
make unlawful choices, exposing them to litigation and compromising communication can raise awareness about the legal and ethical conse-
the quality and security of patient care. quences of piracy. Customers should be well-informed about the implica-
tions of using unauthorized software and the potential harm it can cause
2. Lack of Awareness: A lack of awareness about the legal and ethi- to their practice and reputation and their patients. By fostering a culture
cal implications of software piracy is another critical factor. Many users of compliance and responsibility, healthcare institutions can promote a
may not fully comprehend the consequences of using unlicensed soft- culture of ethical software use.
ware, assuming it to be a cost-effective shortcut. Raising awareness
about the risks and penalties associated with piracy is crucial to chang- CONSEQUENCES OF USING PIRATED SOFTWARE
ing this mindset. The amendments to the India's Copyright Act 1957 as well as several
other Acts significantly bolstered protection for software developers by
3. Regulatory Challenges: The complex and evolving regulatory explicitly recognizing computer programs as original literary works in
landscape in the healthcare sector can create confusion and compliance Sec. 2(o). Consequently, any unauthorized use and/ or distribution of
challenges. Software developers often need to navigate a bunch of regu- copyrighted software can lead to severe civil and criminal penalties.
lations to ensure their products meet industry standards, adding to
development costs. These complexities can inadvertently contribute to Criminal Penalties
piracy. The amended Act has introduced criminal penalties under Sec. 63B,
Addressing these root causes and challenges is essential to combat imposing a minimum sentence of 6 months, extendable to a maximum
software piracy effectively in the medical and dental industry, safeguard- of 3 years, along with fines.
ing both the integrity of healthcare practices and the rights of software
creators. Holistic Protection
Beyond copyright laws, India's legal framework offers diverse intellectu-
al property protection avenues, including patents and trademarks.
RISKS OF USING PIRATED SOFTWARE Patents, especially, provide comprehensive protection for innovative soft-
ware, granting exclusive rights for a specified duration.
Its illegal: There is a risk of facing legal consequences due to
copyright violation, including financial and criminal penalties. The Information Technology Act, 2000: Offences related to
computers, including software piracy, are an offence under the
An unauthorized user will not receive any updates or cus- Information Technology Act, and carry a punishment of imprisonment
tomer support from the software manufacturer. and a heavy penalty under Section 66 of the Act. Any person using pirat-
ed software is also liable to imprisonment and penalty under Section 66B
There is an increased of the Act.
risk of the unlicensed
software The Trademarks Act, 1999: The Indian Trademarks Act, 1999 pro-
malfunctioning or crash- vides for registration and better protection of trade marks for goods and
ing. services of the software brand name and for the prevention of the use of
unauthorised marks on the pirated goods.
Online security is at risk Leveraging the Indian Copyright Act, 1957 and the Indian Trademarks
because illegal and coun- Act, 1999, is a reliable solution in the fight against medical device soft-
terfeit software might ware piracy. Understanding the legal intricacies, along with the potential
infect the device with civil and criminal consequences, is paramount for stakeholders in the
viruses, malware, healthcare industry. By utilizing copyright laws and trademark laws
or adware. effectively, they can secure their innovations, deter illicit activities, and
ensure the continued advancement of medical technology in India.

“Are you copying, reproducing, distributing or even buying software in India without a
license to do so? Beware you are breaking the law! And unlike some other countries, in

India you can be imprisoned for this offence.”