Getting to know the terms

Terms such as “anti-piracy” and “licence compliance” might seem to be counter-intuitive, but in reality, are quite straight forward. Anti-Piracy is the process of instituting countermeasures to piracy. In our industry, piracy does not mean eye-patches and cannon battles at sea. Rather, it refers to the reproduction or unauthorised use of someone else’s work or innovations.

Physical copyright infringement, such as reproduction of clothing, is commonly known as counterfeiting. When it comes to the digital arena, such as computer games and software, we refer to this as piracy.

“Licence compliance” is a term used to describe the process which follows on from the identification of infringement activity. The licence is the right the software developers give to the users which allows them to use the product they have developed in a specific way or format. These details are usually outlined in a “ULA” or user licensing agreement. Terms will vary depending on the developer, but any user who uses these products is agreeing to these terms when they install and/or use the software. The terms usually include the number of times the product may be installed on a device or number of devices it may be installed on. They may also relate to the number of users who may use a single licence, the location the licences may be used in, or the primary function the licence may be used for, i.e. personal, academic, or commercial use.

Therefore, licence compliance is the process by which the owner of the copyright takes action to enforce their copyright and require an unauthorised user (someone who is using a fake, copied, or cracked version of their product without paying for it) to pay for the licence and usage that they have benefitted from.

What is a Raid?

In a field shrouded in misperceptions and deception, we often come across infringements that, for various reasons, such as the scope of the violation, require a more direct and tactical intervention – an on-site inspection ordered by a law-enforcement authority (often informally referred to as a Raid).

As mentioned above, copyright infringements constitute a violation of intellectual property rights. Due to the intangible nature of computer programs, there are mechanisms which allow for software infringements’ traces to be easily hidden or deleted by the infringer. This makes it very difficult for the right holder to enforce their rights and consequently could result in the infringer being able to avoid liability.

An on-site inspection is an approach we use which helps to avoid these risks. An unexpected inspection on the premises on the infringer, ordered by a law-enforcement authority enables the right holder to obtain and/or secure the evidence of the software infringements currently being used and has proven a very effective remedy.

How can this be implemented?

Around the world, the legislation of various nations usually provides the possibility to obtain an ex parte / Inaudita parte order (meaning it is in the interest of one of the parties to the matter) for the inspection which will be granted by the relevant authority (court, prosecutor, police…) depending on the jurisdiction. Once this order is obtained, and following the regulations of that particular jurisdiction, an inspection is conducted, usually under the supervision of local law enforcement, to inspect the premises of suspected infringements.

Access to the premises is granted, by order of the authority, and the inspection is carried out. All computer devices and IT equipment are inspected, and evidence of unlicensed software use is gathered/or preserved.

On-site inspections are a legal process which we manage on behalf of our clients and is a service which has allowed many of our clients to expose large volumes of unlawful use of their products which have been stolen from them.

CJCH have a dedicated on-site inspection team which are strategically placed to observe and monitor our client’s usage data. To date, they have managed the legal process relating to on-site inspections for a number of cases and have recovered in excess of €1 million in revenue for our clients (with up to a further €1 million in pending action).

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CJCH Consulting is a progressive and innovative company with Head offices the capital of Wales, Cardiff. An evolution from, and partner with, CJCH Solicitors, CJCH Consulting came to be in July 2017 after many successful years combating intellectual property (IP) crime and more recently being awarded a government grant from the Welsh Assembly to expand the digital IP protection and enforcement work already being delivered. Throughout 2017, CJCH Consulting closed major deals to represent major software companies, and on behalf of these clients brought legal cases against infringers on their intellectual property and commercial software.

CJCH Consulting has been in the headlines of Welsh and UK newspapers numerous times, perhaps most notably after recovering £20,000,000 for their clients through our Anti-Piracy and Compliance work. Given the efficient number of team members assigned to each case, the relative revenue generated is quite an achievement. Stephen Clarke is the CEO of the company, and one of those responsible for the firm’s exponential growth in the past year. I spoke to him about where the company began, where the company was heading, and how the company continued to stay ahead of the curve.

I first asked Stephen about the decisions behind making CJCH Consulting separate to CJCH Solicitors. The answer is relatively simple: Identity.

CJCH Consulting was conducting business as global company with international clients, whereas CJCH Solicitors was dedicated to being a local South Wales Law Firm with a commitment to their local clientele. The company did not want to put off loyal customers on the legal side of the business by losing their personable identity and becoming less approachable, but equally wanted to be seen as being able to compete in a global market. According to Stephen Clarke, CJCH Consulting is a physical representation of “the breadth of work we are doing and the services we have developed and can offer moving forward”; a service that very few companies can provide.

Stephen envisioned and nurtured the consultancy service and the Anti-Piracy and Compliance speciality which is one of the main driving forces behind the recent company’s growth. When asked about the future of the company and where it was headed, he stated that the company was looking to expand its client base by at least 50% in the next year. In addition, after consolidating the growth and success of past year, CJCH Consulting has hired a specialist contractor as a subject matter expert to “actively engage new clients and help pair their needs with bespoke solutions”. Historically, the company has always been approached by potential clients, and its reputation spread by word of mouth. The firm wants to continue to leverage on that positive reputation to continue to grow, evolve and dynamically adapt to the ever-changing needs of the market in the cyber and intellectual property industry.

Stephen was quoted as saying that “moving forwards, all businesses, not just in our field of work, are becoming more dependent on technology. In the industry we work in, technology is bound to be of assistance in the future and we see that it needs to be integrated with our personnel rather than replacing them.” The opportunity for the firm, then, is continuing to keep up with the times for the good of our clients, present and future, and the greater community without losing the service and personnel that make CJCH Consulting a valuable business partner.

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The conference focused on international intellectual property crime and was not only attended by law enforcement agencies, but also interested organisations seeking information and collaboration with global thought leaders on the monitoring and safeguarding of their intellectual property rights. Companies such as HP, Dolby, Pfizer and Levi Strauss were in attendance to discuss the challenges and threats to their industries due to counterfeiters and IP thieves.

The conference was a great success, with our representatives having this to say:

Stephen Rees: “This was a great opportunity to meet with the market leaders in their field, both legal and business, to discuss the issues and strategies for the coming years.  There was an excellent cross-flow of information and many valuable insights were gained.”

Tony Crampton: ‘This conference provides significant opportunities to the global effort in tackling IP Crime. The fact that key partners across Public and Commercial sectors attend, shows the importance of the contribution it makes. The speakers provided insight of intervention and enforcement strategies that are being deployed to protect IP rights around the world and examples where lessons were learnt or best practice identified. The ability to speak informally with Government representatives, Law Enforcement specialists and leading Commercial Brand’s investigators, enable CJCH to further develop its network and maintain confidence in our ability to deliver Client services which are effective and complement the wider initiatives being undertaken.”

For more information on the conference, and updates on future events, please see the event website here http://iipcic.org/conference.php

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