Back Issue - Amazon Web Services

APRIL 2013FAST 25experience in this area so I hope to beable to continue to push the FAST agendasupporting our members and theirrequirement for continued IP protection.The success of our digital economy, andby extension, economy at large, dependsupon the protection of IntellectualProperty. The creators of content, andthose who invest in IP, must get thesupport and protection that they need,otherwise they will either stop creating, orgo to countries with more advantageousIP legal protections. We are making someprogress in this regard. Recent changesto the Patents County Court and theintroduction of a small claims track forcopyright disputes that make it easier forsmall businesses to enforce their rights areall steps in the right direction, but there isstill much to be done.What are your goals?We are a not for profit organisation andour primary purpose remains to serveour members who are primarily softwarepublishers, supporting their desire toprotect their IP. We will not be shy ofenforcement where necessary and willcontinue to ensure the professionalmanagement of the value assets ofbusiness software.Over the past few years, FAST has beenat the forefront of some of the mostimportant debates in the industry. Theadvent of new routes to market suchas mobile apps, BYOD and the Cloudhas created new challenges forbusinesses both supplying and consumingtechnology. FAST is well positioned torepresent the industry and steer thesedebates, while supporting our memberswith guidance and counsel in theprotection of their IP.How could legislation be changed toincrease IP protection for businesses?The fact is that the legislation that wecurrently have in place is supportive ofrightsholders. Our stumbling block hasalways been enforcement. It’s all verywell having the right legal framework inplace, but if you can’t enforce your rights(in a cost and time-efficient manner)they’re impotent.Focus must be on cost effective accessto justice, which yields a deterrent effect.Reform should focus on the law ofdamages in order that there is a truedeterrent on those infringing software IPrights. The tables should be turned so thatinfringers cannot escape justice by merelypaying the licence fee when caught. Byensuring the sound protection of IP rightsas assets we will encourage investment innew software innovations and grow thisimportant part of our economy.We would also like to see more directengagement from Government to smallbusinesses, who we see as being anessential part of the innovation process inthe UK. Stifling growth with weak andover complicated IP law discouragesinnovation amongst this sector. On thatpoint, it’s important that we endow our IPlegislation with enough flexibility to allowfor changes in technology, like cloud.What challenges do you think lie ahead?The explosion of the Application marketfor consumers is already well establishedin the consumer market and we aregoing to see its rapid take-up in thebusiness field. This will lead to a moremobile workforce and represents anexciting opportunity and development inthe software world.In terms of enforcement, recent cuts toTrading Standards will no doubt have animpact. We work closely with the TSI totrain and educate Trading StandardsOfficers about the use and impact ofillegal software but with fewer bodies onthe ground to investigate the misuse ofsoftware there will likely be a knock-oneffect.How will you navigate them?As we have successfully done for manyyears, through a process of educationand support for the needs of our membercommunity.Ultimately, we are a memberorganisation, so we will look at thechallenges and work with our members tounderstand their impact. This continualprocess makes us very responsive to therapidly changing software industry.What has been the highlight of yourcareer so far?No single highlight comes to mind, butthere have been a number of highs andlows as with most people. As long as I finda role stimulating and intellectuallychallenging then I am completelyengaged and committed. As Chief Execat FAST I am looking forward to all thechallenges it will bring. LMAlex Hiltonwww.lawyer-monthly.com