What is the definition for computer piracy?
The copyright infringement of software refers to several
practices when done without the permission of the copyright holder:
* Creating a copy and or selling it. This is the act most people
refer to as software piracy. This is copyright infringement in most
countries and is unlikely to be fair use or fair dealing if the
work remains commercially available. In some countries the laws may
allow the selling of a version modified for use by blind people,
students (for non-educational product) or similar. Differences in
legislation may also make the copyright void in some jurisdictions,
but not the others. * Creating a copy and giving it to someone
else. This constitutes copyright infringement in most
jurisdictions. It is not infringing under specific circumstances
such as fair use and fair dealing. In some countries, such as
Israel, creating a copy is completely legal, as long as it was done
from non-profit intentions. * Creating a copy to serve as a backup.
This is seen as a fundamental right of the software-buyer in some
countries, e.g., Germany, Spain, Brazil and Philippines. It can be
infringement, depending on the laws and the case law
interpretations of those laws, currently undergoing changes in many
countries. In the US, legal action was taken against companies
which made backup copies while repairing computers (see MAI Systems
Corp. v. Peak Computer, Inc. (1993)) and as a result, US law was
changed to make it clear that this is not copyright infringement. *
Renting the original software. Software licenses often try to
restrict the usual right of a purchaser of a copyrighted work to
let others borrow the work. In some jurisdictions the validity of
such restrictions are disputed, but some require permission from
the copyright holder to allow renting the software. * Reselling the
original software. Licenses often say that the buyer does not buy
the software but instead pays for the right to use the software. In
the US, the first-sale doctrine, Softman v. Adobe [1] and Novell,
Inc. v. CPU Distrib., Inc. ruled that software sales are purchases,
not licenses, and resale, including unbundling, is lawful
regardless of a contractual prohibition. The reasoning in Softman
v. Adobe suggests that resale of student licensed versions,
provided they are accurately described as such, is also not
infringing. * Bulletin Board Sharing/Internet Piracy- Albacea et al
(2005) states that this infringement occurs when System Operators
shares (electronic transfer) copyrighted materials on bulletin
boards or the internet for users to download. Copyright
infringement of software is extremely common in Mexico, China,
Indonesia, Russia, Brazil, United States, Zimbabwe, and several
other parts of the world where it operates without restraint.
However it is illegal and enforced in most western countries. Most
countries have laws regarding copyright infringement of software
but are poorly enforced.
Software piracy, otherwise known as copyright infringement, is
one of several forbidden actions that may be taken by the end user
of a particular piece of software. Virtually all software programs
today carry an end user license agreement, or EULA. Upon installing
the software, the end user must agree to the EULA, or
click-through-license, before the software will install. The EULA
lays out conditions under which the software may and may not be
used in keeping with copyright protections. Software piracy
involves breaking the EULA agreement on one or more conditions.
Some common examples of software piracy are:
Making counterfeit copies for sale: While software piracy laws
differ from nation to nation, this particular infringement is
illegal in most countries. Obscure exceptions might exist for
uncommon circumstances in certain countries, such as modification
of a program for benefit of the disabled, but in general,
duplicating software for the purpose of selling it is the classic
definition of software piracy.
Making counterfeit copies to give away: Though the United States
recognizes "fair use" protection, which can allow protected work to
be shared in a restricted manner as an allowable infringement,
software piracy goes beyond "fair use." A less interpretive
counterpart to fair use is "fair dealing," recognized by nations
like Australia, New Zealand, Singapore, Canada and the United
Kingdom. These laws attempt to protect the rights of the end user
and the good of society, counterbalanced by the rights of the
copyright holder. A protected work that is shared with a neighbor
might be considered fair use in some jurisdictions, but lines can
be somewhat vague and varied as to exactly where protections end
and software piracy begins. Generally speaking, anything that
extends beyond personal use is commonly forbidden by the EULA and
can bring legal questions into play.
Hard-disk loading: Another form of software piracy is selling a
computer system with illegal software already installed. Generally,
the buyer does not receive manuals, license agreements, or even the
CDs or diskettes containing the original program.
Internet sharing: Software that is neither freeware nor
shareware cannot be legally disseminated online. However, many
software programs are readily available over P2P (peer to peer)
networks, via binary newsgroups or in chat rooms. This type of
software piracy is referred to as warez and has commonly been
cracked to make it usable by anyone without restrictive copyright
securities in place.
Renting software: While libraries and educational institutions
can purchase special licenses to rent some types of software,
renting software in general is illegal and a form of software
piracy.
Unrestricted client access: Installing software on a server
without a network license and allowing clients to access that
software is considered software piracy.
OEM/Unbundling: Selling OEM (original equipment manufacturer)
software separate from the hardware it comes bundled with is
another form of software piracy.
Using personal software for commercial purposes: Many software
programs are free for personal use, but require a license for
commercial use.
Using shareware beyond the trial period without paying for it:
According to most shareware EULAs, a user must either pay for
shareware or uninstall it after the trial period to avoid software
piracy.
Tampering with the copyright of any software, including
freeware: Even freeware can be the subject of software piracy, when
the copyright is illegally changed or the program is illegally
modified then redistributed. The redistributed product does not
require an original price tag to qualify as pirated software.
Arguably, the most controversial form of software piracy relates
to what many people consider simple 'personal use' -- buying a
software program, then installing it on more than one personal
machine. Some software licenses prohibit this, a restriction that
many consumers see as corporate greed, especially where
'non-optional' programs such as operating systems are concerned. In
many cases this has aligned otherwise law-abiding citizens with
hackers and crackers when they seek ways around the specific
copyright security provisions that they see as unfairly
restrictive.
Software piracy is reportedly costing the software industry an
estimated US$10-$12 billion annually, with most of the piracy
taking place outside the United States. About $6 billion is
attributed to Asian losses, while another $3 billion falls to
Western Europe. The United States accounts for about $2 billion
annually, the least of any country. Software piracy in the United
States is estimated to be about 25%, or one of every four
commercial programs.
To avoid software piracy, read the license agreement of every
software program carefully. Public domain software is the only type
of software that can be modified, changed, redistributed or used
without restrictions.
