"Software piracy," by Wendy Alexander and Teresa Tenisci, Campus
Computing, January 1992, Volume 7, Number 1, The University of
British Columbia University Computing ServicesU newsletter.
Internet: wendy_alexander@mtsa.ubc.ca, teresa_tenisci@mtsa.ubc.ca
 
The University of Oregon Continuation Center settled a copyright
lawsuit with the Software Publishers Association to pay $130,000 as
well as organize and host a national conference on copyright law and
software use. This was the first software copyright suit brought
against a higher education institution. The federal suit was filed
against the school in February 1990 on behalf of several software
vendors, including Lotus Development Corp., Microsoft Corp. and
Wordperfect Corp. The suit alleged that the center employees made
unauthorized copies of the software companies' program and training
manuals.  (Ledger, Association of College and University Auditors,
Nov. 1991)
 
When we speak of pirates in today's world, two different visions
come to mind. The first is of a latter-day swashbuckling ruffian who
captures cargo ships and steals the riches and wealth aboard for
himself. The second is of a person who copies software from a source
to their own PC, without purchasing it from a legal vendor. We may
see both as underdogs, fighting the injustice of "the system," while
remaining worthy at heart, and therefore somehow admirable. No
wonder software piracy is not viewed as a crime by most people.  In
fact, software piracy is a crime. It is theft.
 
When a software package is purchased from a legal vendor, a
contract exists between the vendor and the purchaser. This contract,
called a licence, can be found in various places: in the instruction
manuals, other documentation, or on the disk itself.  Most people
believe that once they have purchased software, they own it. This is
not quite true.  In fact, what has been purchased is the licence which
allows the purchaser to use the product. The software company still
owns the software. This lack of understanding often leads to
breaches of the contract through software piracy, and in many cases
the culprits are not even aware of the illegalities of their actions.
Sometimes, just breaking the seal of a disk package constitutes a
legal and binding acceptance of the licence's conditions.
 
Don't make UBC the target for the next search warrant.  The
embarrassment that would be caused by a lawsuit would be
damaging to the reputation of the University, and the fines can be
very expensive. DonUt be fooled into thinking that only the
University will be liable and have to pay. Depending on policies in
place within your department, you too, might be liable.
 
What follows are some common situations that will test your
knowledge of what is legal and what is not when it comes to software
duplication.
 
Situation #1: A software program has been purchased by an office
for one of its employees. Other employees in the same office hear of
the program and discover that it would be a great help to them in
their work. Can legal copies be made?
 
Answer: No, legal copies cannot be made. Many people make this
mistake, believing that as long as the program is for company
business, the use of it within the workplace is legal. Most licence
agreements require that each machine or workstation that uses the
program must have a purchased copy of that program.
 
Situation #2: A computer which "belonged" to the employee you are
replacing is now yours. All sorts of wonderful programs are on it and
you assume they are legal copies. If you are audited and are found to
have illegal software on your machine, are you responsible?
 
Answer: You may be responsible, depending on policies within your
department. Just because somebody else put the software on the
machine doesnUt mean that you are blameless. Essentially, you
turned a blind eye and benefited from the existence of the software
on the machine. Ways to determine whether or not your software is
legal are: check to see if official documentation exists for your
machine; check to see if there are any official diskettes for the
program; check for official templates on your computer keyboard. If
none of these three exists, be prepared to find out that the software
is illegal. You may want to speak with the person in your department
who keeps track of purchasing software for more information on the
programs installed on your machine.
 
Situation #3: The office operates on a network. Since one person has
a legal copy of a software program, and has installed it on the
network, everyone is allowed to use it. True or False?
 
Answer: Either answer may be correct, depending on what the
software licence says. Some licences are strict and insist that every
person who uses a program, whether it be on a network or not,  must
purchase the program. Some software companies sell site licences,
and these allow everyone on the network to use the program without
purchasing copies for each individual who will use it.
 
Situation #4: An update for your spreadsheet program arrives. Your
co-worker has been asking you for a copy of the program, but you
know that it is illegal so you refused. But now that the new version
has arrived, and you have no need for the old version, can you give it
to your co-worker?
 
Answer: No. Updates are defined as enhancements to the original
package that you purchased. Once the package has been updated, the
old package should be destroyed or used solely as a backup.
 
Situation #5: You have a big presentation to give tomorrow and, as
five oUclock rolls around, you realize that you have to be home to
baby-sit your children. Once the kids are settled in bed, can you use
the software from the office on your home machine?
 
Answer: Maybe. Again, it depends on what the software licence says.
Some licences say that software can be used both at home and at the
office.  Some say that the program can be used on several machines,
provided that no two are running at the same time. Some programs
are very restrictive, and say that the program can only be used on
one machine. If you donUt have access to the licence, or if you find it
ambiguous or unclear, make sure you check with someone such as a
technical support person, about the details before you copy anything.
If you find yourself in a situation like this and donUt know the
answer, someone else does. The Software Publishers Association
operates a toll-free hotline number through which you can access
information about how to order an anti-piracy video (also available
for viewing through ISM) or a self-audit kit, or just get some anti-
piracy information. The number is: 1-800-388-7478.  The Canadian
Alliance Against Software Theft (416-598-8988) is an additional
source of information.
 
If you are interested in viewing the video about software piracy, it is
called It's Not Worth the Risk. Please contact Teresa Tenisci, Manager
of Business and Security, ISM, for more information
(teresa_tenisci@mtsa.ubc.ca,822-4410).
 
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