Problems do not belong to others

It is not new that making use of pirated products, in addition to violating the copyright of their owners, acts against the economic growth and prosperity of the country. In Brazil, 50% of installed computer programs are pirated, according to a study by BSA The Software Alliance. This activity prevents the growth of the market and, consequently, the generation of new jobs; in addition, tax evasion generates unfair competition, since these unregulated products invariably imply the price of the offer and, therefore, the fraudulent capture of customers.

Another serious issue is due to the vulnerable exposure that users face due to the lack of security and instability of these services that threaten the integrity and smooth functioning of the systems, which do not offer guarantees, improvements, or qualified technical support to the user.

It is in this scenario that companies need to be increasingly aware of their organization's software management. Outsourcing, or outsourcing, is an increasingly common reality, the result of a heated IT market which, according to IDC data, is expected to grow 9% in 2014. Thus, an increasing number of companies have specialized in providing of IT outsourcing services, which offers itself as a relevant business opportunity. However, some precautions need to be observed so that the performance in this market segment and the growth obtained by Outsourcing companies are legally sustained.

But why bother?

It is necessary to be alert with the products and services made available to the market of its third parties, especially when dealing with properly licensed programs, because in the face of Law 9609/98 (art. 2, §5) and the ISO standards of information security, regulated in standards 27001 and 27002, the client needs to closely monitor how the service is being provided, and cannot maintain passive or silent behavior regarding the content of Outsourcing, so that it is not subjected to legal risks arising from this relationship. Yes, it is the responsibility of each customer to manage this software, be it companies or the final consumer.

Software license agreements usually make it impossible to transfer the program to third parties (sublicensing, assignment, donation, lease, loan, etc.), so it is essential that Outsourcing companies make sure of this right of use and seek with your supplier solutions that observe a modality more suited to the business of each client. Each company, in turn, needs to minimally analyze its service contracts, so that it does not run the risk of being punished for misuse of intellectual property.

The trend of adopting this type of service provision tends to grow, as well as the decrease in the use of pirated software. Being aware of the rules and legal adoptions will help not only regularize IT environments, but mainly increase fair competition, positively impacting the economy in the country.


Dr. Manoel Antônio dos Santos is Legal Director at ABES