| Software
Piracy
Addendum Written by Yvette Kelsey,
Haines Middle School, St. Charles, Illinois |
|
| Introduction | |
| Software piracy, the unauthorized copying of
software, might be most tempting in a school environment where students
are abundant and funding resources are scarce. However, this practice is
both unethical and illegal. When piracy occurs, students are served with
a dose of modeling of inappropriate behavior, as well as, lack of
education on the proper use of software. Software ethics should be
taught and reiterated to students at every applicable opportunity.
This analysis will discuss key issues faced by software purchasers in the field of education. In addition, it will break down the main types of software licenses along with helpful hints of how to manage and request appropriate licensing for your school, classroom or home. |
|
| Issues | |
| So many schools are facing the dilemma of too
many students and not enough software to utilize. With much of a
district's technology budget often going towards hardware purchases,
appropriate software licensing is overlooked. Unfortunately, this
dilemma does not excuse the need for proper licensing of software. What
is not readily realized by most software users is that you will pay for
it eventually. Industry-wide, software companies will most likely have
to inflate prices to compensate for illegal users. Many companies have
signed on with "software policing" associations that will
investigates schools and businesses for illegal software replication and
use. Fines can be as much as $150,000 per infringement, and not all of
that may be absorbed by your district, some may be personal fees.
Another issue facing educators is the need to have similar software on a home computer to use to be consistent with school machines. Although intentions here are usually good, often times this is illegal. Some software companies offer licensing that covers both home and office use from the same copy, but not all. Many times it is just a matter of lack of knowledge that leads teachers to illegally reproduce software. It is most effective to have one person in the building who is responsible for keeping licensing straight. A go-to person who can minimize confusion for a staff can make life easier on teachers and students who have little experience with licensing. |
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| Minimizing Potential | |
With an issue as prevalent and as serious as
this one, protecting yourself and your school should be paramount along
with educating students on the proper software licensing procedures. By
being vigilant, asking questions and maintaining an honest outlook,
software piracy can be a non-issue. Here are some helpful hints for you
to consider BEFORE INSTALLING ANY SOFTWARE.
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| Legal Implications | |
The "Fair Use" of software has been
quite a point of discussion over the past few years. Gross
misrepresentations of fair use have made people believe that anything
can be reproduced for educational use--UNTRUE! According to T.H.E.
journal, there are four factors examined to see if fair use applies:
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|
| Frequently Asked Questions (FAQ) | |
| What is "softlifting"?
Softlifting is the illegal practice of taking one purchased piece of software and loading on to multiple machines or a home computer in addition to a work machine even when the license does not allow it. Am I allowed to make a backup copy? Typically a backup copy can be made for "archival purposes only" which means that you make that copy in case something happens to your original that is irreparable. It is NOT for loading software on additional machines. Most of the time, one license for one computer is a good rule of thumb, unless stated otherwise by the license. What are the main types of software? Public Domain software has absolutely no licensing attached to it. A user can copy, download, remove an author's name and distribute public domain software with no repercussions. Freeware software is free to the user to download as long as the instructions for reproduction are followed. Often times users are encouraged to distribute the software to others. Shareware software is free (usually with your registration) for a period of time. The distributor may setup the software to be rendered unusable after that time-period, with the trusting hope that crackers will not find a way around it. Most often, users have the option to purchase a license for the software after the free time period. Commercial (propriety) software is distributed by a distributor for a fee with the goal of making a profit. Commercial software is less likely to allow reproduction. Most software used at companies and schools is commercial.
What questions should I ask before purchasing software licenses?
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| Annotated Web Site Directory | |
| Webopedia
is an online reference that will allow you to look up computer terms
that are unfamiliar to you. http://www.webopedia.com Schools
and Software Piracy by Matt Richtel is an article that takes a real
look at a school confronted with software piracy and the disappointment
it caused. Followed by a discussion of why schools should be able to
afford software given special discounts. This argument is refuted and
discussed. SIIA Anti-Piracy
FAQs present the answers to many more detailed questions. Copyright
Act (17 U.S.C. Section 106) an explanation of copyright law and fair
use as it relates to licensing. |
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2 August 2002
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to Addendum to Educator's Guide to Computer Crime and Technology Misuse
Developed 29 July 2002.