The Intellectual Property Wars

Elated investors greeted chairman Bill Gates and chief

executive officer Steve Ballmer for Microsoft's victory in

the titanic antitrust lawsuit brought against it by the

Department of Justice and assorted state attorneys general.

They also demanded that Microsoft distribute its pile of

cash - $40 billion in monopoly profits - as dividends.

But Microsoft may need that hoard. The battle is far from

over. The European Commission, though much weakened

by recent European Court of First Instance rulings against

its competition commissioner, Mario Monti, can fine the

company up to one tenth its worldwide turnover if it finds

against it. Microsoft is being investigated by the European

watchdog for anti-competitive practices now threatening

to spread into the high-end server software and digital

media markets.

But the software colossus faces an even more daunting

third front in central and eastern Europe and Asia. It is the

war against piracy. Both its operating system, Windows,

and its office productivity suite, Office, are widely

cracked and replicated throughout these regions.

Three years ago, Microsoft negotiated a $3 million

settlement with the government of Macedonia, one of the

single largest abusers of intellectual property rights in this

tiny country. More than 1 percent of Macedonia's GDP is

said by various observers to be derived from software and

digital content piracy.

According to Yugoslavia's news agency, Tanjug, The

governments of Serbia and Yugoslavia purchased, last

month, 30,000 software licenses from the Redmond giant.

Another 10-15,000 are in the pipeline. Aleksandar

Bojovic, public relations manager of Microsoft's

representative office in Belgrade was ebullient:

"Before the signing of an agreement on a strategic

partnership with authorities of Yugoslavia and Serbia, the

percentage of legal software used by the citizens and

industry of Serbia and Montenegro was only a few

percents. Presently it is about 20 percents. Microsoft is

more than surprised at the interest for legalization that

exists in Yugoslavia".

According to the Yugoslav newspaper Danas, Microsoft

Yugoslavia has developed versions of Windows and

Office in Serbian, replete with a spell-checker. There are

c. 1 million computers in Yugoslavia. The company

undertook, last year, to revamp the Yugoslav labyrinthine

health, education, customs and tax systems. It also sent

representatives to a delegation of businessmen that visited

Bosnia-Herzegovina in February.

Microsoft obstinately refused to price its products

differentially - to charge less in poorer markets. The

Office suite costs the equivalent of 6 weeks of the average

wage in Macedonia and a whopping 3 months' wages in

Serbia. This extortionate pricing gave rise to resentment

and thriving markets in pilfered Microsoft applications.

Pirated software costs between $1.5 per compact disk in

Macedonia and $3 in Moscow's immense open-air

Gorbushka market.

According to the Russia-based Compulog Computer

Consultants, quoted by USA Today, most communist

states maintained large-scale hacking operations involving

not only the security services, but also the computers and

electrical engineering departments of universities and

prestigious research institutes. American bans on the sale

of certain software applications - such as computer-aided

design and encryption - fostered the emergence of an

officially-sanctioned subculture of crackers and pirates.

In the last few years, Russian organized crime has evolved

to incorporate computer fraud, identity theft, piracy of

software and digital media and other related offenses. The

Russian mafia employs programmers and graduates of

computer sciences. The British Daily Express reported in

September that - probably Russian - hackers broke into

Microsoft's computer network and absconded with

invaluable source codes. These are believed to be now

also in the possession of the FSB, the chief successor to

Russia's notorious KGB.

The Business Software Alliance, a United States based

trade group, claims that 87-92 percent of all business

computer programs used in Russia are bootlegged - a

piracy rate second only to China's. Microsoft sells c. $80-

100 million a year in the Russian Federation and the CIS.

Had it not been for piracy, its revenues could have

climbed well above the $1 billion mark.

According to Moscow Times and RosBalt, Microsoft's

sales in Russia almost doubled in the last 12 months and it

has decided to expand into the regions outlying Moscow

and into Kazakhstan and Ukraine. Yet, the company's

attempts to stamp out illicit copying in the last years of

Russian president Boris Yeltsin's regime - including a

much publicized visit by Bill Gates and a series of

televised raids on disk stamping factories - floundered and

yielded a wave of xenophobic indignation.

Still, central and eastern Europe is a natural growth

market for the likes of Microsoft. The region is awash

with highly qualified, talented, and - by Western measure

- sinfully cheap experts. Purchasing power has increased

precipitously in countries like the Czech Republic,

Hungary, Slovakia, Slovenia, parts of Russia, and Croatia.

Both governments and businesses are at the initial stages

of investing in information technology infrastructure.

Technological leapfrogging rendered certain countries

here more advanced than the West in terms of broadband

and wireless networks.

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