Adobe's Pouliot Named Chairman of Business Software Alliance

(January 20, 1999)  The Business Software Alliance named Colleen Pouliot, SVP and General Counsel of Adobe, it new Chairman of the Board of Directors.  The BSA plans to push for legislation on encryption rights, Year 2000 liability reform, and the research and development tax credit.

pouliot.jpg (10383 bytes)
Colleen Pouliot

Colleen Pouliot is Senior Vice President, General Counsel, and Corporate Secretary of Adobe Systems, Inc.  Previously, she was an associate at the law firm of Gray Cary Ware & Freidenrich (formerly Ware & Freidenrich) in Palo Alto, California.  She joined Adobe in July 1988 as associate general counsel.  She has been active in the Business Software Alliance (BSA) for three years.

"Working with Robert Holleyman and my colleagues on the BSA Board, I plan to strengthen further BSA's position as the voice for the software industry on issues ranging from copyright protection to encryption to electronic commerce," said Pouliot in a press release.

The BSA's bread and butter issue has long been protecting software copyrights.  It lobbied hard for passage of the WIPO bill in the just ended 105th Congress.

However, the BSA will be focusing on other issues in the 106th Congress.  "On the top of the agenda for us is encryption," said BSA spokesman Anne Gavin. "Another is ... Year 2000 liability legislation."  Gavin, who spoke with Tech Law Journal, stated that the third top issue for the BSA this year is "extending the research and development tax credit."

Business Software Alliance Profile
The BSA was founded in 1988 to represent the world's leading software developers before governments. Its worldwide and policy council members include Adobe, Apple, Autodesk, Compaq, Corel, IBM, Intel, Intuit, Lotus, Macromedia, Microsoft, Novell, Sybase, Symantec, and Visio.  The BSA educates computer users on software copyrights, advocates public policy that fosters innovation and expands trade opportunities, it fights software piracy.
The issues that it is involved with include copyright legislation and treaties, software piracy, UCC 2b, encryption, securities litigation reform, Year 2000 litigation reform, and research and development tax credits. See also, the BSA's policy webpage.
Robert Holleyman is President and CEO, and Rebecca Gould is Vice President of Public Policy.

Pouliot will likely be Chairman of the Board of the BSA for one year.  She replaces Marcia Sterling, VP and General Counsel of Autodesk.

Pouliot holds a J.D. from the University of California, Davis School of Law and graduated summa cum laude with a B.S. in economics from the University of Santa Clara.

"Colleen Pouliot's experience and knowledge of high-tech issues will be invaluable as BSA continues its efforts to fight software piracy and promote public policy that advances one of the fastest growing and highest job-creating sectors of the economy," said Robert Holleyman, President and CEO of the BSA, in a press release.

Adobe Systems is a leading maker of publishing, web design, and imaging software for desktop PCs.  Its leading products include Adobe Photoshop, Adobe Illustrator, Acrobat, and GoLive CyberStudio.  It employs over 2,600 people, and is headquartered in San Jose, California.  As of this writing, it had a market capitalization of $3.31 Billion.

Pouliot testified before the House Commerce Committee hearing on July 29, 1998 on "Electronic Commerce: The Global Electronic Marketplace."  She stated that the biggest problem facing the software industry in piracy of software.

Extended Excerpts from Colleen Pouliot's Testimony before the House Commerce Committee, July 29, 1998
We would also like to thank you and the Committee for your support of H.R. 695, the SAFE Act; H.R. 1054, The Internet Tax Freedom Act; H.R. 1689, Securities Litigation Uniform Standards Act of 1998; and H.R. 2281, the WIPO treaties implementation bill. These bills are critical to the growth and success of e-commerce.
The software industry and other players in the electronic marketplace share the following common objectives: (1) a safe and secure environment for businesses and consumers as provided by the SAFE Act; (2) strong protection for software and other creative works, as provided by the WIPO implementing bill; and, (3) a business environment unfettered by a patchwork of taxation rules and excessive regulation and litigation, as provided by the Internet Tax Freedom Act and the UNS legislation. To that end, industry is working to modernize the rules of electronic commerce on a global basis.
...
The biggest problem the software industry faces today is theft. Most people would never think of shoplifting a box of software from the store. However, that is what they are doing when they make illegal copies of software, whether by copying a software program for a friend, or making multiple copies in a business. Particularly in Asia and Latin America, counterfeit software products (which include CD-ROMs, software diskettes and packaging manuals, and holograms) make up a significant portion of all programs being distributed. Illicit dealers also distribute these goods throughout Europe and the United States. Once sold primarily in black markets, counterfeit products have now found their way into the main distribution chain, fooling unwary customers and further robbing software companies and legal dealers of legitimate sales. Another category of theft involves the illegal loading of software by computer manufacturers and retailers of unauthorized software programs onto computer hard drives prior to sale. Since purchasers of these computers automatically receive a "free" copy of each illegally installed software along with their newly purchased computer, the potential legitimate sale of each illegally installed program is displaced.
Piracy may take place on a single computer, but its effects ripple throughout the economy. Piracy translates directly into lost jobs, lost wages, reduced tax revenues, and less investment in new product development. In 1996, software piracy in the United States cost 130,000 lost American jobs and $5.6 billion in lost wages. It also meant $1 billion in lost tax revenues for all levels of government.
...
However, the Internet, like the tangible world, also presents us challenges. For example, the Internet has become an easy place to traffic in illegal software, with "warez" sites offering hundreds of illegal software products for download. One recent investigation uncovered logs of computer server activity on a pirate site showing thousands illegal copies of Adobe PhotoShop had been downloaded.
The Internet has made it virtually free for thieves to reproduce and distribute works on a commercial scale, displacing untold numbers of sales. The Internet makes it possible for an individual to set up a computer system such that others can gain access to software programs and other creative works through an electronic "bulletin board" and then download those works onto their own computers free of charge. Strong protection for creative works is crucial to the success of e-commerce. In the "analog world," protection of creative material has given authors and other creators powerful incentives to develop exciting new products. The United States leads the world in software and other creative industries largely because the Constitution and the law give entrepreneurs the protection to invest in developing cutting-edge technologies with confidence. Protecting creative works is even more critical in the online world of e-commerce, where it is possible to make unlimited, perfect copies of works and distribute them worldwide.
Piracy of software and other creative works poses the single greatest threat to our industry and to the success of e-commerce.
...
In order for e-commerce to thrive, BSA believes that everyone in the electronic marketplace must be responsible for making the market work, foremost by respecting property rights. Protection in the new online world needs to be as strong as in the old analog world. There are numerous components critical to the success of e-commerce. In their report, BSA's CEOs identified eight principles, which, by the way, track consistently with the direction of this Committee's work:
1. Effective protection for works ...
2. Security in the age of the Internet ...
3. Multiple and discriminatory taxes will limit the potential of the Internet ...
4. Providing parents and consumers effective tools to protect their families and their privacy ...
5. Governments should promote competition and deregulation in all telecommunications markets ... 6. Market forces should drive the evolution of technology-based solutions for electronic authentication ...
7. Avoiding barriers to e-commerce ...
8. Ensuring clarity, fairness and simplicity on online contracts ...