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Make sure you have a legal software in your company. Take advice well for guiding the authorities know and assert their rights so that millions will not impose sanctions.
The discomfort that arise SME entrepreneurs by having unlicensed software installed go through the payment of millions in fines that can be avoided simply by knowing how to respond requirements serving with cordiality inspections and not being intimidated by possible accusations of society
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The technology multinationals in Latin America know that piracy is big. It is estimated that in Colombia only 54 percent of the software sold is illegal and there are a significant opportunity for collection, which forced fines and license sales, a year move about 20 million dollars (55,000 million pesos) experts say.
The big problem is ignorance, omission of the fine print, poor advice and finally the fear of the employer to be marked by “pirate”, so, come to pay excessive fines when required and not know how to defend properly, but they do not know is that many of these penalties could be much cheaper.
In the case of Microsoft, reserves the right to audit at any time, that yes, with prior notice and required procedure. Something that can also do other firms such as Autocad, or Oracle, for example.
“The reality is that the smaller the company’s license is illegal, although the numbers of Colombia are the least worst region of. In countries such as Ecuador and Venezuela do not care as much software piracy and is therefore more common, “he said Ricardo Villegas , manager Infoconsulting SAS, licensing consulting firm Microsoft.
Structure collection
The technological majors contract with third parties the subject of inspection, who end up fishing in river scrambled to send requests to many companies simply on suspicion of illegality, without proof background.
While there are licenses from $ 40, to 500, 1,000 and up to $ 5,000, are the same entrepreneurs who know sometimes these legal proceedings, arising from not having everything in order and not having a professional advice.
Even if you recognize the Dian, the Superintendence of Industry and Commerce, the same prosecutor, or including representatives of the Business Software Alliance (BSA) which can visit.
They also believe that other names like the National Directorate of Copyright and even local law firms that have the power of the great might appear multinationals to make the collection process. Many do not really know who they are.
“These third parties who have power of large firms go to court with the power they represent, open legal proceedings against the company suspected illegal and so schedule a inspection visit. May indeed from whistleblower who support these prosecutions as part of the so-called early check test, “Villegas said.
After that it may take several months until it actually reaches the company visit , yes, that’s when the terrible day reaches the entrepreneur, to see a group of people composed of an expert, a lawyer and a representative of a court, knock on the door of the company with power in hand and begin inspection .
From this fateful visit panic in the business, the owner starts to sweat cold and your support team goes into shock, it is again on the verge of despair and everything gets worse if even is the boss, or do not have licenses in hand.
The expert once he joined the company up a list of computers and licensed programs, but often without knowing that there are special licensing, ie, serves a license for multiple computers and perhaps their lack of experience, end up making mistakes to the detriment of entrepreneurs, charging more than necessary.
According to the manager of Infoconsulting, sometimes even leave record in the visit, but can occur if you tell a company that has a shortfall of a million dollars in licensing, for example. Subsequently, the court tells the employer must pay that amount to the multinational which created the software, additionally must pay compensation for the same value of the license and in addition, another 30 percent in fees for lawyers.
In total, is the 230 percent cost overrun must assume entrepreneurs are detected software without licensing, unaware that might pay less.
Problems
While it is true that we must reduce the illegal use of software in Colombia, are occurring mistakes in the views that make the experts, the we require documents that are required.
There is also the case of licenses required to connect to the server of the company, sometimes the experts do not know that a license can operate several people but ask one by one .
SMEs end up using informal advisors who are unaware of the risks, in specific cases, they end up paying 500 million pesos to experts and prefer to do before assembling any public noise, without having been passed head that everything could be solved by paying only 5 percent of the total value.
Action Prosecutor
For inspection work carried out by the prosecution for this reason, spoke to the sectional chief prosecutor, Germán Giraldo, in the first instance who explained that to do an inspection visit to a company, the existence of a criminal complaint filed by one of the multinational technology is required, but this is not something that comes frequently. “At the moment not pursuing any proceedings in this regard, nor do we have planned no inspection visit in Medellin” he said.
However, he acknowledged that in the past have been in views such but that is not the most common because the experts who conducted the inspection do with orders of a court.
Case entrepreneurs
Moving on to another area, specifically to entrepreneurship to develop software that Medellin has such strength that becomes an export opportunity, there is also concern for them to shield against possible fraud by piracy.
For them there is the intellectual property but this is divided into industrial property and copyright. This is where the works are protected. Literary, artistic and software
Colombian law the Superintendency of Industry and Commerce protects the industrial side and the National Association of Copyright she is in charge of another area. The new creations are associated with copyright, where new creations associated works, music, photography, software are.
In the world of industrial property is where we talk about patents and production processes. For example, Route has programs for both worlds. Industrial property to have a support center for technology and innovation, which guides entrepreneurs, universities or individuals regarding topics of intellectual property, to protect their creations and inventions or technological surveillance.
According to Santiago Pelaez, professional platforms Innovation Route, the corporation also have a fund to promote the protection of inventions, which is responsible for co-financing to protect an invention in the patent case.
Within the issue of copyright, there is support of the World Organization of Intellectual Property, the National Directorate of Copyright and the National Planning Department, in conjunction with Route N, they mounted a program of capacity building of intellectual property for digital business.
“This program seeks to train and sensitize digital entrepreneurs of the city. In the city there are many agencies published, creative companies and software developers that give much more relevant to this issue, “Peláez added.
Also, since they are riding Route digital accelerator, based companies technology that is based on ICT, but this industry has a high ignorance on the issue of protecting their creations.
“The program will have various themes, including a digital entrepreneur has clear what you have, a brand, a software or a patent, is the identification of assets. The second is a legal assurance, but in essence, seeks to form a critical mass developing in Medellin, accompanying him to technological entrepreneurs.
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