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What are the big issues with software piracy? What is the definition of software piracy? Is software piracy widespread? Isn't it okay to use a software program on any number of machines? Is all software purchased online legitimate? What are my responsibilities as a consumer? What are the maximum civil penalties for copyright infringement? What are the maximum criminal penalties for copyright infringement? What are some resources to learn more about software piracy? What exactly does the law say about copying software? Can I take a piece of software owned by my school and install it on my personal computer at home? Can I purchase a single licensed copy of a piece of software and load it onto several machines? Can I give or sell a "backup copy" of a licensed program to other people? Are schools exempt from copyright laws? Aren't schools allowed to make copies for educational purposes? If you are uncertain about a license agreement, what can be done to understand it correctly? Are people who copy software aware they are breaking the law?
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What is the definition of software piracy?Software piracy is the unauthorized use of software. It includes the illegal duplication of copyrighted software or the installation of copyrighted software on more computers than authorized under terms of the software license agreement. (Encarta® World English Dictionary [North American Edition] © & (P) 2001 Microsoft Corporation. All rights reserved. Developed for Microsoft by Bloomsbury Publishing Plc.) When an individual or institution purchases software, they only purchase the right to use the software. The copyright belongs to the developers of corporation who produces the software.
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Is software piracy widespread? According to the BSA (Business Software Alliance), forty percent of software is pirated. This group also conducts an annual Global Software Piracy Study. The results published in June of 2002 revealed, "four out of every 10 business software programs is pirated, with nearly $11 billion in worldwide revenue lost in 2001 alone. The U.S. software piracy rate was 25 percent in 2001, up one percentage point from the previous year. BSA estimates that a majority of losses come from businesses and organizations copying software on office computers." (Retrieved from the World Wide Web, July 21, 2002,) http://www.bsa.org/usa/press/newsreleases//2002-06-17.1167.phtml
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Isn't it okay to use a software program on any number of machines?No, you can only use the software for the number of licenses purchased. For example, it is illegal to copy a software program from your office machine to use at home even if it is for work purposes unless you purchase an additional license for the additional machine. It is also illegal to loan or to create copies of software and give it to friends.
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Is all software purchased online legitimate?It may not be okay as there has been an explosion of Internet piracy-the selling of illegal copies of software online. This is difficult to detect with the anonymity of the Internet and the number of such sites.
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What are my responsibilities as a consumer?Purchase only legal copies of software. Legal copies can include discs, manuals, and registration numbers. In addition, install only on machines you have purchased licenses for, if you buy one copy you may only install one copy on one machine.
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What are the maximum civil penalties for copyright infringement?In the United States, the infringer is liable for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying or statutory damages of up to $150,000 for each work infringed." (Retrieved from the World Wide Web, July 21, 2002, http://www.siia.net/piracy/faq/default.asp)
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What are the maximum criminal penalties for copyright infringement?"In the US, the infringer could
be fined up to $250,000 and jail terms of up to five years."
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What are some resources to learn more about software piracy?
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What exactly does the law say about copying software?The law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy "for archival purposes only". It is illegal to use that software on more than one computer.
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Can I take a piece of software owned by my school and install it on my personal computer at home? A good rule of thumb is one software package per computer, unless the terms of the license agreement allow for multiple use of the program.
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Can I purchase a single licensed copy of a piece of software and load it onto several machines? This is known as "softlifting", which is contrary to the terms of a license agreement. This includes sharing with friends and co-workers and installing software on home/laptop computers if not allowed by the license.
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Can I give or sell a "backup copy" of a licensed program to other people? A "backup copy" can be used for "archival purposes only." This copy cannot be sold or distributed to another party without the consent of the copyright owner.
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Are schools exempt from copyright laws? Schools must uphold copyright laws. It is wrong for a school to duplicate software (or allow its faculty or students to do so) without authority from the publisher.
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Aren't schools allowed to make copies for educational purposes? No. Like individuals and corporations,
the copyright law binds educational institutions.
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If you are uncertain about a license agreement, what can be done to understand it correctly? If you have trouble understanding the license agreement for a particular program, help is available. A school's media or technology coordinator or software manager may be able to answer questions. In addition, you can ask for clarification of the license agreement as it applies to your school. Finally, if you still have questions, contact the Software Publishers Association for more information about software and the copyright law.
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Are people who copy software aware they are breaking the law? Because the software industry is relatively new and because copying software is so easy, many people are either unaware of the laws governing software use or choose to ignore them. It is the responsibility of each and every software user to read and understand the license agreements of the products they use complies with copyright law.
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References and Resources
Anti-Piracy, Business Software
Alliance, retrieved from the web on July 21, 2002 2002 Addendum to the Educator's
Guide to Computer Crime and Technology Misuse: Software Piracy, Software Piracy and the Law,
Policies, Guidelines, and Laws, Emory University Software Policy-Protecting Intellectual
Property, Microsoft, retrieved from the web on July 21, 2002
Software Watchdog Wraps Up Worldwide
Software Piracy "Sweep", Business Software Alliance,
retrieved from the web on July 21, 2002 |
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Teri Grant Vicky Romano August 2002 |
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| © Copyright 2002 by tgrant, jjeffreys, vromano, & kschlappi. Permission to reproduce and distribute for non-profit purposes granted. |