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Software Piracy
What is it and what are the consequences?
Software piracy is defined as the duplication, use or distribution of software without the authority of the copyright owner or the permission of the copyright law. USF takes software piracy and copyright law very seriously and takes many preventative measures to ensure that software piracy does not occur on campus computers.
Types of Software Piracy:
- Softlifting: When a person purchases single-license copy but loads it on several machines
- Unrestricted Client Access: Copy resides on server where clients are allowed to freely access software
- Hard-disk loading: When an individual sells computers preloaded with illegal software
- OEM Piracy/Unbundling: Software shipped with hardware is separated and sold. (OEM software is not for resale— it's linked to the hardware)
- Commercial Use of Noncommercial software: Educational editions sold commercially
- Counterfeiting: Duplication and sale of software as if it were a legitimate copy
- CD-R Piracy: Making copies of software using CD-R recording technology. “Making copies for your friends”
- Internet Piracy: Downloading commercial software from the internet
- Renting: Renting software for temporary use—Illegal by 1990 Software Rental Amendment Act
How Does Copyright Law Pertain to Software?
Copyright is formed from the moment a work is created and fixed in tangible form, and exists whether or not a computer program is published or registered. Only the copyright holder can sell, transfer or assign copyrights. The person who has possession of a copy of the copyrighted work never takes ownership of the copyright
With software, a user acquires a license to use the copyrighted work under the terms of the copyright owner (i.e. license agreement)
A user (normally) has rights to:
Copy the software onto a single computer (install)
Make another copy for archival purposes only
Other uses as specifically permitted in the license agreement.
But remember, each author is able to specify the rights that they allow under their specific license agreements. The rights listed above are not guaranteed!
Educational Institutions and Fair Use
Fair Use permits the limited use of portions of a copyrighted work without the copyright owner’s permission for purposes such as teaching, scholarship or research. Software normally does not fall under this exemption since you cannot copy a portion of a software program.
What is a License Agreement?
License Agreements are legal contracts between the software publisher and user that instruct and limit how the software is to be used. (Based on intellectual property law) When software is purchased, you are only acquiring the license to use it. The publisher retains the full rights to the software and has the sole rights to further distribution and reproduction.
Example license types:
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Machine – licensed per machine
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OEM – tied to specific hardware
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Suites: Cannot be broken into individual applications
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Version/Traditional Upgrades – upgrades to new version, or full license for new version
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Font Licenses – Yes, fonts have licenses from the creators
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Concurrent Licenses – a set number of people can be using the software at the same time.
Every software package can allow or prohibit whatever they choose. The terms can change from one version to the next – of the same software package.
What are the Consequences of pirating software?
Copyright infringers are liable for any damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying.
Civil: up to $150,000 per title infringed
Criminal: up to $250,000 in fines (total) and jail time of up to 5 years