1. Software Piracy and Copyright Considerations Laura Larsson Research Librarian Health Services University of Washington revised October 21, 1998 larsson@u.washington.edu

2. What is Software Piracy? n Composed of two categories ä piracy ä counterfeiting

3. Piracy comes in several varieties n End User Piracy n Re-seller Piracy (counterfeiting) n BBS/Internet Piracy n Trademark/Trade Name Infringement

4. End User Piracy n copying the same software onto more than one computer n copying office software onto a home computer n loaning your software to someone else so that the person can make a copy n making a copy and selling the software to someone else n selling old software (?)

5. Re-seller Piracy (Counterfeiting) n 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 n many folks may have the same serial number

6. BBS/Internet Piracy n distribution of copyrighted software via the Internet or a bulletin board system n sites which are set up to distribute software have made arrangements with the software owners to make their software available

7. Trademark/Trade Name Infringement n improper use of a registered trademark

8. How Bad is the Problem? (Global, 1997) n In general, 43% of the software in use has been pirated n the Asia-Pacific region was the worst with totaling $3.7 billion in 1996, or 33 percent of the worldwide total n 80% of the software in Eastern Europe is pirated n worldwide dollar losses exceed $11.4 billion with more than 228 million business applications pirated

9. Effects of Software Piracy on the Industry? n Reduces profits for the software developer n reduces development money for future products n individual who uses pirated software cannot receive technical support

10. Effects of Software Piracy on the Pirate? n Expense, embarrassment, ethically wrong n Fines up to $250,000 n Jail sentence of up to 5 years n payment of legal fees (your own and the company suing you) n Business Software Alliance received $5 million in settlements in 1995 alone for software copyright infringement (BSA)

11. Software Licenses n all software comes with a license which specifically states the terms and conditions under which the software may be legally used n faculty, staff and students at educational institutions and organizations are not exempt from copyright laws n all software comes with a license which specifically states the terms and conditions under which the software may be legally used n faculty, staff and students at educational institutions and organizations are not exempt from copyright laws Source: Software Publishers Association, 1995

12. Staying legal - Six simple steps to avoid piracy (Adobe) n Buy from an authorized dealer n Understand what it is you are buying n Check the prices and ask for itemized quotations and receipts n Be sure you are given a license n Retain the original media n Call the software publisher

13. Who to Contact Regarding Software Piracy? n Business Software Alliance Hot Line (800)688-BSA1 or email software@bsa.org ä http://www.bsa.org/ n Microsoft Antipiracy Hot Line (800)R U LEGIT or email piracy@microsoft.com n Software Publishers Association -To report Software Piracy (SPA) (800)388-7478 ä http://www.spa.org/

14. Copyright n What is copyright? n How do you know if something is copyrighted? n What does copyright protect? n What does copyright not protect?

15. What is Copyright? n 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 ä financial and other rights n Copyright is federal law that ties to the “copyright clause” of the U.S. Constitution

16. How do You Know if Something is Copyrighted? n Assume that everything that requires someone to have thought about it is copyrighted n a copyright notice is NOT required, although many people do add the copyright notice n the copyright notice includes the name, a © and a date of (first) publication

17. What Does Copyright Protect? n Basically all intellectual work including ä multimedia works (records, videos, audiotapes) ä printed works (books, journal articles) ä Websites (text, documents, and graphics) ä architecture ä software (even freeware!)

18. What Does it Not Protect? n Ideas n facts n names n titles n phrases

19. Sources: n Adobe. What is Software Piracy. 1997. ä http://www.adobe.co.uk/purchase/piracy/1/ main.html n Software Piracy - What it is & What is does ä http://www.s-s-i.com/piracy.htm n Software Piracy Association - http://www.spa-europe.org/ n Software Piracy Report, 1997 - http://www.spa.org/piracy/releases/97pir.htm n Maria Mouzes, Ph.D. Copyright and Confidentiality in Distance Education. The Center for Distance Learning Research, Texas A&M University, [n.d.] n PC WeboPaedia. Piracy. 1996, 1997 ä http://www.pcwebopaedia.com/piracy.htm n Nopiracy.com - http://www.nopiracy.com/

20. Copyright Websites n Business Software Alliance. Guide to Software Management - Copyright Law ä http://www.bsa.org/policy/copyright/index.h tml

21. Filename n piracy.ppt 9/19/2015