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An extensive library of
information, as well as software that can be
downloaded legally by members of the Dartmouth community, is available
on the Computing Services Web
site.
If you have any questions, please contact the Computing Help Desk at
646-2999 and select from the options provided, send electronic mail to help@dartmouth.edu, or call your department's
computing support office.
To All Members of the Dartmouth Community
This information advises the Dartmouth community of the legal and ethical
issues related to the use of proprietary software. In the information
provided in the Guide to the Ethical and Legal Use of Software
Web pages, we are using the term ‘software’ in a very general way to mean any
and all digital files that contain any variety of content including, but not
limited to, programs and applications, databases, Web page content, and visual
or audio content such as text, music, images, movies, television shows,
photographs, drawings, and video.
The issue of software piracy in colleges and universities has received much
coverage in the national press and is a major concern to authors and publishers
of software products. Individuals and institutions have been prosecuted for
violating copyright law, and some publishers and software developers urge even
stronger action. As an educational institution, Dartmouth encourages creativity
and scholarly efforts in all fields of endeavor. The right of individuals to
gain recognition and reward for their inventions is one that Dartmouth
vigorously supports.
The proliferation of personal computers on campus and the accessibility of
privately-owned copies of proprietary software have created ample opportunity
and temptation to make unauthorized copies of software. Dartmouth is equally
serious about protecting the privacy of individuals and the rights of authors
and publishers, and we seek the cooperation of all constituencies of the
institution in this effort. Please contact me if you have any questions or
concerns about software copyright issues.
Rita T. Murdoch
Director of Computing Support and Fiscal Services
Dartmouth Peter Kiewit Computing Services
Did You Know That...
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- Unauthorized copying of software is illegal. This includes
distributing the software over the network or Internet – not just burning a
copy of the CD or DVD. Copyright law protects software authors and publishers,
just as patent law protects inventors.
- Misuse of software constitutes a violation of the Dartmouth
College Information Technology Policy and may subject a student or employee
to disciplinary action.
- Unauthorized copying of software by individuals can harm
the entire academic community. If unauthorized copying proliferates at
Dartmouth, the institution may incur a legal liability. Dartmouth may find it
more difficult to negotiate agreements that would make software more widely and
less expensively available to members of the academic community.
- Unauthorized copying and use of software can deprive
publishers and developers of a fair return for their work, increase prices,
reduce the level of future support and enhancement, and inhibit the development
of new software products.
- Respect for the intellectual work and property of others
is essential to the mission of colleges and universities. As members of the
academic community, we value the free exchange of ideas. Just as we do not
tolerate plagiarism, we do not condone the unauthorized copying of software,
including programs, databases, and code.
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Legal Alternatives to Consider...
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Software can be expensive. You may think you cannot afford to purchase
certain programs that you need, but Dartmouth provides legal alternatives to
unauthorized copying of some software. Peter Kiewit Computing Services provides
certain software that can be legally distributed and is readily available on
the Web. Your choices include:
- Site-licensed or Bulk-purchased Software: Working with
vendors, Dartmouth has negotiated agreements that make some copyrighted
software available either to use or to purchase at favorable prices. For more
information about these products, contact Computer Sales and
Service in 171 Carson Hall (646-3249). Software available through bulk
purchases or institutional site licenses is subject to restrictions, and you
may not make or distribute copies of it without express authorization. In many
instances, if you leave Dartmouth (are no longer an active student, faculty, or
staff member), you are required to remove this software from your
computer.
- Network-licensed Software: The KeyServer, a system that
offers metered control of commercial Macintosh and Windows software over
the campus computer network, allows the Dartmouth community to gain access to
and copy licensed programs freely. To use these licensed products, your
computer must be connected to the Dartmouth network, and you must have the
KeyServer software installed properly on your computer. KeyAccess and
over 100 network-licensed products are available on the Software
Downloads Web page. For more information, contact the Computing Help Desk
at 646-2999 and select from the options provided, send electronic mail to help@dartmouth.edu, or call your department's
computing support office.
- Shareware: Shareware, or 'user-supported' software, is
copyrighted software for which the developer has granted you a usage license.
Permission is stated explicitly in the program’s documentation or is displayed
explicitly on the computer screen. The developer of shareware asks you to pay
for the software if you like it and plan to continue to use it. By registering
as requested, you may receive additional documentation and program
updates.
- Freeware: Freeware is copyrighted software that you may
copy and distribute to others, although not for profit. You may also modify the
software (check the license agreement before modifying), although your
redistribution of the modified software must also be as freeware.
- Public Domain Software: Sometimes authors dedicate their
software to the public domain, which means that the software is not subject to
any copyright restrictions. The developer will provide explicit notification
that the software has been placed in the public domain. The software then may
be copied and shared freely.
- Demonstration Software: To help you decide which
product(s) to purchase, demonstration copies of popular software for personal
computers are available at Computer Sales
and Service in 171 Carson Hall. For more information, visit Computer Sales
and Service.
Remember...
Restrictions on the use of software are far from uniform. It is your
responsibility to check each piece of software and the accompanying
documentation and license agreement carefully. In general, you do not have the
right to receive and use unauthorized copies of software or to make
unauthorized copies of software for others to use.
This policy – intended for adaptation and use by individual colleges and
universities – was developed by the EDUCOM Software Initiative and the
Information Technology Association of America (ITAA). The text is taken, with
minor changes, from a brochure published jointly by EDUCOM and ITAA (copyright
1992). It is reproduced with permission.
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Questions You May Have...
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What Do I Need to Know About Software and the U.S. Copyright Act?
The U.S. Copyright Act recognizes that all intellectual works (programs,
data, pictures, books, music, movies, television shows, drawings, etc.) are
automatically covered by copyright unless explicitly noted to the
contrary. The owner of the copyright holds exclusive rights to the reproduction
and distribution of the work. It is illegal to duplicate or distribute software
or its documentation without the permission of the copyright owner. If you have
purchased a program, however, you may make one copy of it for your own use only
in case the original fails to work.
May I Lend Software That I Have Purchased Myself?
Read the usage license agreement carefully before you use software. Some
licenses restrict use to a specific computer. Copyright law does not permit you
to use your software on two or more computers at the same time unless the
license specifically allows it. It may be legal to lend your software
to a friend temporarily as long as you do not keep a copy for yourself, which
includes not keeping a copy of the software installed on your computer. Read
the license that accompanies the software to see if this is allowed.
If Software Is Not Copy-protected, Do I Have the Right to Copy
It?
Lack of copy-protection is not the same as absence of
copyright. Lack of protection does not constitute permission to copy
software to share or to sell. Unprotected software enables you to safeguard
your investment by making a backup copy. In offering unprotected software to
you, the developer or publisher has placed a significant amount of trust in
your integrity.
Isn't It Legally ‘Fair Use’ to Copy Software If the Purpose In Sharing It
Is Purely Educational?
No. It is illegal for anyone to copy software for distribution to anyone
else if they do not have permission from the software’s author or
publisher.
May I Copy Software From Facilities on Campus So That I Can Use the
Software More Conveniently In My Own Room Or Office?
Software acquired by Dartmouth is usually licensed. The licenses restrict
how and where the software can be used legally. This applies to software
installed on the public computers and on the computers in the
instructional centers, software distributed on disks or CDs by departments, and
software available on central computers, file servers, Web sites, and networks.
Some institutional licenses permit copying for certain purposes. If you are
unsure about the use of a particular product, please contact the Computing Help
Desk at 646-2999 and select from the options provided, send electronic mail to
help@dartmouth.edu, or call your department's
computing support office.
I Have Two Computers - A Laptop and A Desktop. Can I Purchase One Copy of
Software and Install It on Both Computers?
It differs by software vendor, so read the usage license agreement carefully
to see if installing it on both computers is legal. Some licenses restrict
usage to a specific computer; others allow you to have one licensed copy on
both computers.
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