Beever figured that Microsoft would be able to help. "I called them to see if they had some software that could help us do the inventory, but they didn't have anything," Beever says. "They didn't even have a complete record of the software we purchased."

So the MED, with its small technical staff and 800 networked and stand-alone computers, hired outside help. In the end, the audit discovered about 50 to 100 cases of illegally copied software, says Beever. The BSA contended that it was entitled to $560,000 in fines and software payments, Beever says, but then suggested a $100,000 settlement. Beever, frustrated with what he calls "heavy-handed tactics," refused. In March, the parties agreed to a $50,000 fine. But with the extra staffing and other costs, Beever estimates that the ordeal cost San Jose about $200,000.

"They're not serving the educational community by taking such a hostile approach," he says. "They should be working with districts to help them manage their software but all they're interested in is enforcement and collecting fines."

	Print story E-mail story

Both Microsoft and the BSA argue that they're interested in compliance, not enforcement. "Our goal and intention is not to have this enter the courts," says Nancy Anderson, Microsoft associate counsel. "We're not trying to bring cases against our customers." And contrary to critics' claims, she adds, Microsoft treats educational institutions quite differently from businesses. Through the technology School Agreement program, districts can purchase subscriptions to Microsoft software suites, which offer a 50 to 90 percent discount, according to Microsoft figures.

Philadelphia may not have had the time or money to switch over, but since the enforcement process started, says the Philadelphia school district's chief information officer Ron Daniels, Microsoft has acted more like a partner than police officer. "We worked with Microsoft to develop a piracy plan which included education, proactive detection measures and ultimately an audit," he says. "All and all, Microsoft has been very supportive and has provided us with tools such as an online database to verify our licenses and has even donated over $20,000 to assist our schools."

Still, Philadelphia teachers and parents -- along with outside educators -- argue that Microsoft hasn't gone far enough. Intellectual property law should take a backseat to education, says Kowalski, who, incidentally, asked that his real name not be used because he was afraid of retaliation from both Microsoft and his own school district.

"Yes, software is copyrighted, but my concern is educating students in an urban school who are already deprived of so much," Kowalski says. "The district expected teachers to do this [the audit] at the end of the school year when final grades are being compiled -- which says something about priorities."

"The Philadelphia school district has no money," adds Barbara Hearn, a parent of two children in the public schools. "The state already took over the parking authority to pay for the schools, and there's still not enough money."

The problem is that Microsoft and other software companies view schools as simply another lucrative field for sales, says Robert McClintock, director of the Institute for Learning Technologies, a tech-focused research group at the Teachers College of Columbia University.

"These companies should become far more proactive in solving educational problems and helping schools, rather than maximizing the market," he says. For years, software companies have failed to recognize that schools could be development partners. "And as a result, a lot of educational programs, per se, are kind of undercapitalized," McClintock says. "Many of the big companies are selling office software for educational use and the licensing patterns are not well designed to meet the needs of educators and students."

Jamie McKenzie, publisher of a popular educational technology journal, says the industry's enforcement tactics "are not heavy-handed at all" -- but even he argues that the industry could be doing a much better job with education.

"It's become a self-serving and cynical industry," says McKenzie, a former superintendent of the Valley Forge, Pa., school district. "While I have no sympathy for anyone stealing software -- we do need to teach our kids about intellectual property -- companies should allow for a lot more fair use. American corporations have made far too much off of schools. [Software companies'] ability to be philanthropic is pretty wide open, but most of them are just promoting the 'digital divide' as a way to drive sales."

The Free Software Project
Read Andrew Leonard's book-in-progress on Linux and open source -- and post your comments.