intellectual property software piracy. copying of software in large quantities for resale illegal...
TRANSCRIPT
Intellectual Property
Software Piracy
Software Piracy
Copying of software in large quantities for resale
Illegal copying by businesses and individuals for their own use
Why Pirate Software?
It’s easy Good quality Fast and convenient Everyone else is doing it
What is Permissible?
Copy to hard drive One backup License specified copies Copy on second machine - but cannot
use both machines at the same time
Piracy - Who does it hurt?
Businesses lose $$$ Impedes development of new software Development uses lots of people
• they only get reimbursed if it is sold
Users no documentation no updates no customer support
Businesses and Piracy
Some businesses produce and sell unauthorized copies of popular packages
Businesses buy few - install many Download illegal software from
Internet
Mass Reproduction
Mainly in Foreign countries Intellectual property not recognized Small computer industry Few legitimate dealers Poorer population
In-House Copying
Reproduce on large number of machines
Share on networks Keep down costs - rarely caught Difficult to comply with requirements Licensing agreements are unclear and
confusing
Individuals
Share copies with friends Make copies at work for home use Post illegal copies on the Internet
Rentals
Illegal Leads to piracy 1990 - Software Rental Amendments
Act - must have permission of owner of copyright
Software Publisher
An owner of a software copyright
History of Copyright Law
1790 - first US copyright law to cover: books maps charts
Updated to include movies sound recordings photography
History continued
1909 - Copyright Actunauthorized copy had to be in a form
that could be seen and read visually 1960 - Software and Databases
can’t be visually seen or read (music) 1976, 1980 - law revised to cover
software - exhibit authorship
History continued...
1982 - High volume copying of records and movies became a felony
1992 - making multiple copies of copyrighted work willfully and for purposes of commercial advantage or private gain is a felony
Liabilities
Damages plus any profits up to $100,000 for each “work”
10+ copies - $2500 - 5 years in jail -10 copies - <1 year in jail fines as high as $250,000 Companies fined if 10+ employees
have illegal copies on computers
Educational Facilities
More moral obligation to abide by laws
Discounts Site license agreements
Businesses
“Shoplifting” - take homeextra use for office
One software package per customer Lots of copies OK if limited use at one
time
Fair Use Test
Purpose and character of use Nature of copyrighted work Relative amount to the whole Effect on the market
Purpose and Character of Use
Commercial nature or non-profit educational purposes
Preamble purposescriticism, comment, news reporting,
teaching, scholarship, research Degree of transformation
Nature of the Copyrighted Work
Some works are more deserving of protection than others
Relative Amount
Quantity Quality and importance “no more was taken than was
necessary” to achieve purpose for which the copying was done
Effect on Market
Harm to the original Harm to derivative works
Importance of Fair Use
Helps figure out under what circumstances we can legally copy s/w
Software developers often must copy some or all of another company’s program as a part of the development process
Freebies for Friends
Illegal Hard to catch Saves money Everyone does it Not a large market
Prevention
Technical devices to prevent or deter copying
enforcement and revision of law education for protection education of social costs marketing and contractual changes to
reduce incentive
Technical Solutions
Copy protection on disks Serial numbers Secret e-mail to publishers
Enforcement and Education
Software Publishers Association responds to tips - sends warning letters Conducts voluntary audits Surprise raids with court orders Monitor of Internet - inform FBI
Markets and Management
Prices reflect usage Metering academic discounts Management policies Free demos
Abandon software copyright
More people benefit from programs Users can improve programs Create better programs Will work for free ‘cause luv it
Copyright in Cyberspace
High volume inexpensive storage media scanners easy to copy and distribute
Bulletin Board Systems (BBS)
Freeware and Shareware Illegal copies Upload and Download No charge No financial gain
Literacy & Artistic Material
Photos, Modified pictures Digital music Digital libraries
BBS owner responsibilities
Police their sites Contracts Legally responsible for sites?
Proposed Legislation
No free browsing Extend owners’ control to all digital
copies Include all digital transmissions Make on-line providers responsible
Technology Bans
If it makes copying easy - ban it Government controls on technology
that can be used for illegal purposes - sound familiar?
Software Developers
Reverse Engineering Copy and decompile Ruled Fair Use in Courts