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Although the following was written quite some time ago, the underlining
theme is even more hard-hitting today. The statements below not only apply to
software, but in today's electronic world, serious penalties for copyright
infringement carry over to music, movies, television shows and even electronic
images.
Civil penalties for copyright infringement in the United States are severe.
The infringer is liable for damages suffered by the copyright owner, plus any
profits of the infringer that are attributable to the copying or statutory
damages of up to $150,000 for each work infringed. The maximum criminal
penalties for copyright infringement in the US hold the infringer responsible
for up to $250,000 and jail terms of up to five years.
What is written below is as applicable to Dartmouth as it is to the
Rochester Institute of Technology, its author's institution. It is your
responsibility to consider the points made and take the necessary measures to
adjust your use of software, electronic music, DVDs, and images. It is
important for you to know that many legal agencies monitor popular sharing
software, specifically looking for violators of copyright laws. If you disobey
the law, you can be targeted for some serious fines.
Top 10 Reasons for Illegally Copying Software (And Why None of Them Is Good
Enough)
By Vince Incardona, Academic Computing and User Services, Rochester
Institute of Technology
Okay, okay, we know you've heard it before: "Thou shalt not copy software
illegally." So why are we reciting this litany again? Simple, it's because we
occasionally encounter illegal software copies and we have a responsibility for
reminding the RIT community that ownership of intellectual property, such as
software, must be respected. Usually, when we confront people with the notion
that maybe they shouldn't be doing this, they rationalize such copying with one
or more of the following arguments. We feel compelled to point out why none of
these "defenses" are likely to hold up if you are caught:
I'm Allowed to Make a Backup in Case Something Happens to It, So It Must Be
Okay to Use It on Another Machine
Most software is sold with the stipulation that you can do this, but a
backup copy is exactly that - a backup. Vendors recommend that the copy be used
for installation. The original should be safely locked away. If you then do
anything other than store the copy for safekeeping, it would be very reasonable
to conclude that you made the copy simply to avoid paying for a second
license.
I Didn't Copy It - A Friend Gave It to Me
Technically, you're right. You would not be guilty of illegally copying
software in this case, although your friend would. However, since illegally
copied software is viewed as stolen property, you would be considered just as
culpable for receiving illegally copied software as you would be for stealing
it in the first place.
My Boss/Department Head/Instructor Told Me To. It's Her Problem
The defense, "I was just following orders," is a weak one. It does not work
for soldiers who commit atrocities, it does not work for crooked politicians,
it would not work if your boss ordered you to embezzle funds or commit other
illegal acts and it will not work if your boss tells you to illegally copy
software. Your boss would not be able to legitimately dismiss you for
insubordination because you refused to commit a crime, but you could be fired
for obeying an order to do so.
I Bought the Software, Shouldn't I Be Able to Do What I Want With It?
Software is seldom ever sold to individuals. What is sold is a license to
use the software. The terms of that license are almost always spelled out on
the outside of the package, and they tell you what you may and may not do with
that software. When you break open the package, the law assumes that you have
agreed to abide by those terms.
It's Not Like I'm Robbing Somebody
Many people do not view software as property because it is not a tangible
thing that you can pick up and hold. However, not all property is tangible.
Software is intellectual property, just like a song, a book, an article, a
trademark or an invention. All of these things are owned, and can be bought,
sold and licensed. All of them are used to make money for the people who create
them. In the case of most commercial programs, the people who have worked to
create them do this work for a living. In most cases, software engineers are
not millionaires, they are working people like you who have staked their
livelihoods on the programs you are stealing. In a very real sense, you are
taking bread from their table by making or using illegal copies.
It's OK If You're Using It For Educational Purposes
If education were a justification for theft, driving instructors would be
able to steal cars with impunity. While many software vendors are generous to
educational institutions, this is their prerogative - not an intrinsic right
granted to educators simply because they are educators. Furthermore, such
generosity is firmly grounded in trust. Stealing intellectual property for
educational purposes violates that trust and jeopardizes that generosity for
all educators, innocent and guilty alike.
There is a doctrine known as "fair use" that allows some limited use of
written materials in classrooms without permission from the copyright holders.
Fair use generally applies only to sections of written works, and not the whole
work. It generally does not apply to software that is copied in whole and
distributed without compensation to the copyright holder. If this kind of
distribution is allowed, the software license will clearly state it. Don't
assume that it's allowed unless you have it in writing.
I Needed It, But The Price Was Unreasonably High. If I Had to Actually Pay
For It, There Is No Way I Could Ever Afford It
Software prices are high for the same reason the price of houses is high:
both require a lot of highly skilled labor to create. As a result, there are
many in our society who need housing but cannot afford it, just as there are
many who need software but cannot afford it. If a homeless person broke into
your house and took up residence in your living room, you would want the police
to evict that person and they would have to do it. You might feel sorry for the
person, but not to the point of abdicating your property rights. Similarly, if
a software company wants to prosecute people who illegally steal their
software, you can expect that they will press charges, and probably win, no
matter how sorry they feel for you. Their survival may depend on it.
I Didn't Know It Was Illegal
Unauthorized duplication of software is a felony in New York State. State
and federal laws provide for civil and criminal penalties if you are convicted.
Copyrighted software carries a copyright notice on the package, and displays a
copyright notice when it begins execution. It would be difficult to convince a
judge or jury that you had no idea that unauthorized copying was illegal,
unless you first convinced them that you had never used the software and that
you had no clue about the meaning of the word "copyright."
The mere fact that you read this far means that you can't honestly say that
nobody told you that copying software without a license is illegal. And in most
cases, all that has to be proven is that you should have known, whether or not
you actually did.
It's Only Illegal If You Get Caught
Okay, so what if you do get caught? What could you be facing: Fines,
imprisonment and civil penalties at both the federal and state level. At the
institute level, disciplinary action may be taken up to and including
suspension, in the case of students.
Software vendors have formed a group called the Software Publishers
Association (SPA), and the SPA both offers rewards for whistle blowers and
conducts covert investigations of software piracy at large organizations. Most
of the people who have been caught by a SPA audit never thought that it would
happen to them. The SPA is not to be taken lightly. Since their livelihoods
depend on successfully prosecuting software piracy, these people know what and
who to look for, they know how to build a case against them, they have lots of
expensive lawyers to do it with, and they usually have the full cooperation of
both law enforcement agencies and the organizations they are investigating. If
they find out you've been stealing software, you generally don't stand a
chance.
Oh, Come On, Everyone Is Doing It
This excuse has been used to justify everything from speeding to lynching.
Yet, it is by far the number one reason given for illegally copying software.
The logic supposedly is that society tacitly approves of the action, even
though there are laws against it. Therefore, it is morally defensible, even if
it's illegal.
Think about this for a second. Approach this argument as you would if your
son or daughter used it to justify something you considered wrong. This is
tantamount to an assertion that you have no will of your own, and that you
define right and wrong simply in terms of what you see people around you doing.
If you don't see yourself that way, why give everyone the impression.
The Bottom Line
If you are copying software illegally, you should stop immediately. If you
see someone else doing it, tell them to stop. If they don't stop, turn them in.
The practice exposes you and/or the institute to liability, jeopardizes your
chances of receiving a good, legitimate deal from vendors, and compromises
RIT's reputation in the business community.
Note: This information was originally printed in the
Rochester Institute of Technology _ISC News_, September 1993, and has been made
available electronically by CAUSE, the professional association for managing
and using information technology in higher education, with permission of the
publisher; see http://www.educause.edu/.
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