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CHAPTER II
DISCUSSION
2.1 Review of Literature
2.1.1 IPR (Intellectual Property Rights)
'''' Intellectual Property Rights (IPR) is a translation of the term'''' Intellectual Property Right (IPR). The term consists of three key words are:'' Right'','' Intellectual Property'' and''''. Wealth is an abstraction that can be: held, transferred, purchased, or sold. While the'' Intellectual Property'' is above all the wealth produced intellect intelligence such as technology, science, art, literature, song composition, writing, cartoons, and so on. Finally, intellectual property rights are the rights (authority / power) to do something on the Intellectual Property, which is governed by norms or laws are applicable.
`` Right'' itself can be divided into two. First, `` Basic Rights (Human)'', which is an absolute right that can not be tampered with. For instance: the right to life, the right to justice, and so on. Secondly, `` Rights Commission / Regulation'' because that is the right granted by the public through regulation / legislation. In many countries, including the United States and Indonesia, IPR Rights Commission is'' /'' setting, so it is society that determines, how much IP that is given to individuals and groups.
In accordance with the essence too, IPR classified as individual property rights that are not tangible (intangible). Shows that IPR is a provision of the Public Rights (Public) guaranteed by the Act. Intellectual Property Rights are not, so that the criteria for granting intellectual property rights is a matter that can be debated by the public.
Laws on intellectual property rights was first there in Venice, Italy is a matter of the patent in 1470. Caxton, Galileo, and Guttenberg listed as inventors who emerged in this period and have a monopoly on their inventions. Patent laws were then adopted by the British Empire at the time TUDOR 1500s and then was born the first patent law in the UK regarding the Statute of Monopolies (1623). USA has a new patent law in 1791.
Harmonization efforts in the field of IPR first occurred in 1883 with the birth of the Paris Convention for the issue patents, trademarks and designs. Then the 1886 Berne Convention for Copyright issues (Copyright).
And software included in the Copyright protected. Copyright is the exclusive right for the author and the recipient the right to publish or reproduce his creations and gave permission for it to not be reduced restrictions according to the legislation in force.
Creator or copyright holder has the exclusive right to give permission or prohibit another person without consent make, reproduce and broadcast sound recordings or pictures from the show.
Software piracy including criminal acts which infringe copyright. Copyright penal provisions, among others:
a. Any person who intentionally and without right to publish or reproduce a work or give permission for it, shall be punished with imprisonment of 7 years and a maximum fine of Rp. 300,000,000.00 (three hundred million rupiahs).
b. Any person who intentionally and without right to make, reproduce or broadcast or sound recording and images from the show shall be punished with imprisonment of 7 years and a maximum fine of Rp. 300,000,000.00 (three hundred million rupiahs).
c. Anyone who intentionally broadcast, display, distribute or sell to the public of a work or goods resulting from infringement of copyright and rights related to copyright shall be punished with imprisonment of 5 years and a maximum fine of 150,000.000,00.
d. Any person who intentionally and without right of damaging or malfunction makes control technology that is used to control the rights of creators and stakeholders threatened imprisonment of 2 years and a maximum fine of Rp. 45,000,000.00.
e. Creation or copyright infringing goods seized or taken over by the state to be destroyed.
f. Crime referred to above is a crime.
2.1.2 Definition of Software Piracy
Not only in the music industry, piracy occurs also in industries related to other digital devices such as software. In Indonesia, piracy occurs without limits. Indeed, there is a clear legal rule to ban the piracy. but no clear implementation and continuous to resolve this issue. At most, only lasted one month simultaneously and will appear again next month and no action is performed.
Various parties questioned about piracy. For that, we have to know in advance, what is meant by hijacking itself. Piracy is the use of digital files that have the copyright for a commercial purpose without paying royalties to the copyright holders.
Other names of the Software is also called software. As with the other name, the software, the hardware was different nature or hardware, if the hardware is a real component that can diliat and touched by humans, then the software or software can not be touched and seen physically, the software does not seem physical and intangible objects but we can operate it.
So, is the use of software piracy software which owns the copyright to a commercial purposes without paying royalties to the copyright holders of the software, software piracy can also be categorized as computer crime.
Understanding of computer crimes defined by the OECD in the framework of computer abuse, 'Any illegal, unethical or unauthorized behavior involving authomatic of data processing and / or transmissing of the data', freely translated as follows "Any behavior that violates / against the law, ethics or without authority concerning data processing and / or transmission of data '.
2.1.3 Forms of Software Piracy
As for other forms of infringement of a software can be done in various ways:
1. Loading to the hard disk
This action is usually done if we buy a computer from computer stores, where the seller is trying to install the operating system along with other software as a bonus to the buyer's computer.
2. Softlifting
That is where a use of a software license used beyond the capacity of its use. For example, buy a software officially but then install it on any number of computers exceeds the number of licenses to install a given.
3. Forgery
Of producing and selling pirated software are usually in the form of a CD ROM, which is often found in bookstores or shopping centers, rental software, illegal downloading, by downloading software from the internet illegally.
4. Rental Software
Three known forms of software piracy in leasing:
a. Products are rented for use on a computer at home or at the office tenants;
b. Leased products through mail order;
c. Items contained in the computer were hired for a limited time.
5. Illegal downloading via the BBS or Internet
Occurs through unauthorized downloading software via modem to the electronic bulletin relationship is another form of piracy. Piracy is not the same and should not be confused with the use of the software provided in the public domain, shareware or shared facilities.
2.1.4 Software Piracy Measures
In the midst of the spirit to love the products in the country, there is a negative sentiment stating that Indonesia is a hotbed of piracy, especially for software. This case is especially worrisome because the act of piracy in Indonesia has cost the country about U.S. $ 70-80 million per year. Even more ironic, that the circulation of the original software or legally circulating in Indonesia is only about 12 per cent, while the rest is pirated products. This could continue to happen because Indonesia has a value share of the software market around 101 million U.S. dollars per year. Therefore, for the pirates is a haven and supported by law enforcement on these cases is still weak. Very rational if the application of Law No. 19 of 2002 to be extremely problematic from the consumer side.
Although Indonesia has the Copyright Act that prohibits the purchase of piracy and illegal goods such as software (software) computer, but in fact piracy still occurs, and the product was sold out everywhere.
Rapidly growing software piracy in 2000 for the first time in more than half a decade and the business world use pirated programs result by 37%.
Knowingly or not, piracy is rife in Indonesia, so easy to get pirated software at affordable prices in shops selling computer software, even in the street merchants. Perceived advances in technology helped facilitate the occurrence of software piracy.
Although Indonesia has had a legal instrument in the field of Copyright, but it was the enforcement of software piracy is still considered difficult to achieve, and it seems like software piracy in Indonesia will continue to happen, and this problem will never be solved.
Although education in Conscious Movement IPR has been done, but it seems it will not be able to run properly, piracy seems to be difficult to eradicate.
Besides piracy will still persist because how could the law enforcement can eradicate it themselves if they in fact still using pirated software in both computers at the police station, the prosecutor or the court, which is used for official purposes as well as in personal computers them.
If law enforcement wants to enforce the law in this area, then it implies that they have to sue himself, because it was partly a foul. It is not possible, because that's up to now this problem will never end, at least until the moment in which all the software that is used by law enforcement officers have been licensed.
2.1.5 The characteristics of Pirated Software
Using pirated software is illegal or unlawful act and an act of sin. With the use of pirated software products the software developers do not get the benefit of software development efforts so that they can lose money and lost the desire to develop other software or sequel.
By using pirated software products, people so addicted and accustomed to good software at a great price, but people do not want to pay a dime to use it. Before installing the program, investigate first whether it is legal or illegal software.
Indonesia ,For most computer users community in Indonesia, the purchase of a software package so it is a luxury. Indeed, many institutions, both private and public who spend big money for the procurement of computer systems, but rarely any allocation of funds for the purchase of software packages, so that there is funding for consulting services computer system development.
Because it funds the procurement of computer software development is only absorbed to a special system built to address the specific needs of the institution.
What about the operating system and application programs common to the preparation of working documents daily? It can be said the average PC in Indonesia using software piracy proceeds of crime.
The growing advancement of technology today, even more support piracy activity itself. During this time, piracy is an offense which is the most we take for granted. No pirated goods without. No goods that we use that are not purchased from pirated, or our own plow. By copying a friend's CD, well, software games, or music, it also includes the plow. And this has become a very common thing we do with without us knowing that if the country were aware of the law, was from the first we will be prosecuted.
The most dominant factor is the economic factor, where people will tend to choose the pirated software is definitely much cheaper than the licensed software.
For comparison, Windows 98 license price is 200 U.S. dollars, while the pirated software can be purchased only at a price of 10,000, 00 only. Suppose in an office that has 20 pieces of computers using Windows 98, then the costs of 4000 U.S. dollars, worth nearly 40 million dollars. It was just for the operating system alone, not including other application programs.
2.2.2 Impact of Software Piracy for Indonesia
From the economic front, data released by International Data Corporation (IDC) on Global Software Piracy Study 2008, the losses have turned out pretty shocking crime.
The potential of the software industry revenue (software) Indonesia in 2008 reached 544 million lost dollars due to rampant piracy. That number jumped 31 percent over the previous year.
The piracy rate rose only 1 percent to 85 percent, and put Indonesia on the 12th of 110 countries.
According to the IDC study, 80 percent of piracy losses suffered by the local players in the software industry, the company's software, the software industry, and distribution.
Piracy is not only detrimental to local software companies, but also detrimental to the State. Software companies lose because original products that cost millions of dollars to compete with pirated products that cost only tens of thousands of dollars. The state also harmed, because the pirated software is definitely not pay taxes.
About the losses suffered due to piracy, Microsoft Indonesia never get the data. Nevertheless it does not mean losses could be calculated and according to data from a study conducted by the BSA (Business Software Alliance) that the value of losses caused by software piracy (especially for the case in Indonesia) about 197 million U.S. dollars for all companies.
Although Microsoft itself does not count directly, but still feel aggrieved. That is, there is opportunity is eliminated due to the actions of pirates. If we use the data BSA, that 97 percent of software is pirated in Indonesian, means we are serving only three percent, and 97 percent more in the pockets of people (pirates). Of a further interview process it was found that one of the main factors of rampant software piracy that is because the perception is wrong (apart from the initial intention was plowing).
In essence, the public (which is purely not know) assume that if you buy the software it became hers. Though buying software that was purchased license rights for use. So, to be distinguished between buying a license to buy a product that can be directly interpreted as a private property right.
2.2.3 Government Attempts to Minimize Software Piracy in Indonesia
According to the latest research results research institute IDC, in 2008 the software piracy rate in Indonesia reached 85%, or crawl up from 2007 which stands at 84%.
This minimal achievement certainly seemed to be a crushing blow for the government. Because, if traced back, a series of programs to promote the use of legal software in the country has intensified. Ranging from socialization to a series of raids by the police.
In fact, the government formed a special team to deal with the violation of intellectual property rights through a working group called the National Response Team Violations of Intellectual Property Rights (IPR national team).
The team can be as star-studded teams 'star', because its ranks filled by a row of ministers and ministerial-level officials. So at the beginning of its birth, the team established by Presidential Decree No. 4 of 2006 it is expected to be the savior face Indonesia in the eyes of the world are so concerned about IPR issues.
However, after leaving a successful hijacking percentage 87% to 84% in 2007 - as well as the verdict of dark Priority Watch List in 2006 - Indonesia re-tread the path backwards based on the latest research. Disappointment was doubled, back to the USTR Priority Watch List and the percentage of piracy has increased.
Are taken care of IPR national team is not just about software piracy. But when compared with other industries, like the pharmaceutical industry, music, and other industry-related intellectual property rights, software industry look more vigorous campaign by the industry players cooperating or related associations.
Other efforts by the government are:
a. Educate users on the benefits of software that can be achieved by using the original software;
b. Persuade retailers that sell genuine software;
c. The socialization importance of using genuine software, BSA and Autodesk, hold seminars to schools and colleges on-softwara existing software. also explained the disadvantages if using Sotware false;
d. Through educating the consumers and sellers of software such as the Global Fair Play campaigns were held simultaneously in 46 countries, including Indonesia. Consumers need to get enough understanding to know the characteristics of the original software and only buy from authorized resellers. While awareness of the sellers need software to protect consumer rights by selling only legal software;
e. Government needs to work harder to sensitize communities and businesses in order to respect the copyright or intellectual property rights (IPR).
Meanwhile, Chief Operating Officer of Microsoft Indonesia Bouchlaghem Bouchlaghem anticipate Windows7 piracy by offering to various segments, such as for school (Windows School), small and medium businesses, and professionals. Goal, so that consumers can buy a cheaper version of Windows 7 as needed.
The government says the sales will be good because Windows7 computer sales growth in Indonesia is about 20 percent per year, higher than the growth in Asia. A year, 2 million-2, 5 million units sold computers.
Acer Indonesia president director Jason Lim also admitted that growth in Indonesia is the fastest computers in Asia. He will invade the market in Indonesia with Acer products are packed with Windows7 software.
In addition, Microsoft is also planning to launch Office XP and Windows XP that requires rangkian "product activation" online by using a combination of software and a series of code numbers skaning created with computer hardware from someone. If a customer does not turn on the program, the program will stop in a few days. However, such evidence doubling "key disk", this method will frustrate the legitimate buyers and often overcome by massive software piracy. Although Windows XP for release yet, but already there are programs that can be downloaded that can paralyze its copy protection. Software companies have been trying to persuade China and other countries to maintain and uphold the laws of intellectual copyright.
Indonesia could also follow the example of other countries in order to decrease piracy rates. For example, China has a provision that requires each unit sold PC must be equipped with the "operating system" (OS) legal.
Or in 2008, the Chinese government sent a letter to the `Internet service provider so that they are not` sell `software` illegal.
The solution ultimately is the cooperation of all parties. Governments should adopt tax and price reasonable for purchase by consumers in Indonesia.
CHAPTER III
CLOSING
3.1 Conclusion
From the explanation that has been presented, it can be concluded as follows:
1. Some causes of software piracy in Indonesia, namely the high cost of legal software, lack of public awareness as user software, and the lack of an exemplary attitude of the government and law enforcement agencies to use legal software anyway.
2. The impact of software piracy for Indonesia are not only detrimental to local software companies, but also detrimental to the State. Software companies lose because original products that cost millions of dollars to compete with pirated products that cost only tens of thousands of dollars. The state also harmed, because the pirated software is definitely not pay taxes.
3. Government efforts to minimize software piracy in Indonesia, the government formed a special team to deal with the violation of intellectual property rights through a working group called the National Response Team Violations of Intellectual Property Rights (IPR national team), the Government is also to educate users on the benefits of software that can be achieved with using the original software with the socialization and the importance of using genuine software exposes false Sotware loss if using.
3.2 Advice
The first is the most dominant factor that led to the rampant piracy of software is an economical factor, where people will tend to choose the pirated software is definitely much cheaper than the licensed software. With such high prices, people will think than buying legal software, the better they buy clothes and food for their daily needs. Software manufacturers would need to pay attention to this. They may have reasoned that the high price had to be done to cover the cost of production and R & D to make their products. But, rather than going to a lot of users do not pay for software that actually, would not it be better received than the revenue can not even pickup anything. In other words, do not treat the market segments with the same treatment, because their purchasing power is different.
The second factor is the lack of awareness is a matter of public and business community to respect the copyright or intellectual property rights (IPR). Required the efforts of all parties to address the problem. Governments need to educate the public on the benefits that can be achieved by using the original software, the Government should also make socialization, seminars to schools and colleges to explain the importance of using original software and expose false Sotware loss if using. The government also needs to provide education to the consumer and the seller in the form of software understanding enough to know the characteristics of the original software and only buy from authorized resellers. While awareness of the sellers need software to protect consumer rights by selling only legal software.
And the final factor is that the government should give first examples of the use of legal software before demanding people doing the same thing. It can be a separate boost for the community and its leaders to emulate because it was doing the right thing.
