Software Piracy and Copyright Considerations

Laura LarssonResearch Librarian

Health Services

University of Washington

revised October 21, 1998

larsson@u.washington.edu

What is Software Piracy?

Composed of two categories piracy counterfeiting

Piracy comes in several varieties

End User Piracy Re-seller Piracy (counterfeiting) BBS/Internet Piracy Trademark/Trade Name Infringement

End User Piracy

copying the same software onto more than one computer

copying office software onto a home computer loaning your software to someone else so that

the person can make a copy making a copy and selling the software to

someone else selling old software (?)

Re-seller Piracy (Counterfeiting)

an individual or company who takes one copy of software and deliberately reproduces it with fake certificates so that those who purchase it believe it is being purchased from the company which developed it

many folks may have the same serial number

BBS/Internet Piracy

distribution of copyrighted software via the Internet or a bulletin board system

sites which are set up to distribute software have made arrangements with the software owners to make their software available

Trademark/Trade Name Infringement

improper use of a registered trademark

How Bad is the Problem? (Global, 1997)

In general, 43% of the software in use has been pirated

the Asia-Pacific region was the worst with totaling $3.7 billion in 1996, or 33 percent of the worldwide total

80% of the software in Eastern Europe is pirated worldwide dollar losses exceed $11.4 billion

with more than 228 million business applications pirated

Effects of Software Piracy on the Industry?

Reduces profits for the software developer

reduces development money for future products

individual who uses pirated software cannot receive technical support

Effects of Software Piracy on the Pirate?

Expense, embarrassment, ethically wrong Fines up to $250,000 Jail sentence of up to 5 years payment of legal fees (your own and the

company suing you) Business Software Alliance received $5

million in settlements in 1995 alone for software copyright infringement (BSA)

Software LicensesSoftware Licenses

all software comes with a license which specifically states the terms and conditions under which the software may be legally used

faculty, staff and students at educational institutions and organizations are not exempt from copyright laws

all software comes with a license which specifically states the terms and conditions under which the software may be legally used

faculty, staff and students at educational institutions and organizations are not exempt from copyright laws

Source: Software Publishers Association, 1995

Staying legal - Six simple steps to avoid piracy (Adobe)

Buy from an authorized dealer Understand what it is you are buying Check the prices and ask for itemized

quotations and receipts Be sure you are given a license Retain the original media Call the software publisher

Who to Contact Regarding Software Piracy?

Business Software Alliance Hot Line (800)688-BSA1 or email software@bsa.org http://www.bsa.org/

Microsoft Antipiracy Hot Line (800)R U LEGIT or email piracy@microsoft.com

Software Publishers Association -To report Software Piracy (SPA) (800)388-7478 http://www.spa.org/

Copyright

What is copyright? How do you know if something is

copyrighted? What does copyright protect? What does copyright not protect?

What is Copyright?

A copyright is a right of intellectual property which is granted to authors whereby they obtain, for a limited time, exclusive rights to their works financial and other rights

Copyright is federal law that ties to the “copyright clause” of the U.S. Constitution

How do You Know if Something is Copyrighted?

Assume that everything that requires someone to have thought about it is copyrighted

a copyright notice is NOT required, although many people do add the copyright notice

the copyright notice includes the name, a © and a date of (first) publication

What Does Copyright Protect?

Basically all intellectual work includingmultimedia works (records, videos,

audiotapes) printed works (books, journal articles)Websites (text, documents, and graphics) architecture software (even freeware!)

What Does it Not Protect?

Ideas facts names titles phrases

Sources: Adobe. What is Software Piracy. 1997.

http://www.adobe.co.uk/purchase/piracy/1/main.html Software Piracy - What it is & What is does

http://www.s-s-i.com/piracy.htm Software Piracy Association - http://www.spa-europe.org/ Software Piracy Report, 1997 -

http://www.spa.org/piracy/releases/97pir.htm Maria Mouzes, Ph.D. Copyright and Confidentiality in

Distance Education. The Center for Distance Learning Research, Texas A&M University, [n.d.]

PC WeboPaedia. Piracy. 1996, 1997 http://www.pcwebopaedia.com/piracy.htm

Nopiracy.com - http://www.nopiracy.com/

Copyright Websites

Business Software Alliance. Guide to Software Management - Copyright Law http://www.bsa.org/policy/copyright/

index.html

Filename

piracy.ppt 04/19/23