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Piracy in general

Software is one of the most valuable technologies of the Information Age, running everything from PCs to the Internet. Unfortunately, because software is so valuable, and because computers make it easy to create an exact copy of a program in seconds, software piracy is widespread. From individual computer users to professionals who deal wholesale in stolen software, piracy exists in homes, schools, businesses and government. Software pirates not only steal from the companies that make the software, but with less money for research and development of new software, all users are hurt. That's why all software piracy - even one copy you make for a friend - is illegal.

Any software that is made available to download by or through this website or licensed to end-users in a box ("Software") is the copyrighted work of its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law and equity.

Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

As the number of PCs and Internet use grow, the incidence of software piracy is growing, too.

There are some common types of software piracy. Understanding each will help users avoid problems associated with illegal software.

End User Piracy

This occurs when a company employee reproduces copies of Software without authorization or a licensee violates the terms and conditions of the relevant License Agreement which is included with the Software. End user piracy can take the following forms:

  • Using one licensed copy to install a program on multiple computers;
  • Copying disks for installation and distribution;
  • Taking advantage of upgrade offers without having a legal copy of the version to be upgraded;
  • Acquiring academic or other restricted or non-retail software without a license for commercial use;
  • Swapping disks in or outside the workplace.

Software Service Provider

The End User License Agreement authorizes you to use the software on personal computers within your organization. It does not authorize remote users to run software using terminal emulation software remotely from your server computer. Such application is equivalent to renting the software to a third party and requires special, separate arrangements.

Dealer Piracy

This occurs when a dealer copies the Software to the hard disk of the hardware that he or she intends to sell without authorization or sells restricted software to ineligible clients (update to unqualified user, educational software for commercial use, etc).

Internet Piracy

This occurs when software is downloaded from the Internet. The same purchasing rules should apply to online software purchase as for those bought in traditional ways. Internet piracy can take the following forms:

  • Pirate websites that make software available for free download or in exchange for uploaded programs;
  • Internet auction sites that offer counterfeit, out-of-channel, infringing copyright software;
  • Peer-to-Peer networks that enable unauthorized transfer of copyrighted programs.

Software Counterfeiting

This type of piracy is the illegal duplication and sale of copyrighted material with the intent of directly imitating the copyrighted product. In the case of packaged software, it is common to find counterfeit copies of the CDs or diskettes incorporating the software programs, as well as related packaging, manuals, license agreements, labels, registration cards and security features.
 

Both Developers and clients are hurt by piracy

You may not realize it, but software development involves a team effort that blends the creative ideas and talents of programmers, writers and graphic artists. The fair compensation of all these people depend on the receipt of payments for all the copies made of the software. And like most creative works, such as books, music and films, computer software is protected by U.S. and international copyright laws.

When you purchase software, you do not become the owner of the copyright. Rather, you are purchasing the right to use the software under certain restrictions imposed by the copyright owner, typically the software publisher. The precise rules are described in the End User License Agreement accompanying your software. It is imperative that you read, understand and adhere to these rules. If you copy, distribute or install the software in ways that the license prohibits, whether you are swapping disks with friends and co-workers or participating in widespread duplication, you are violating federal copyright law. Even if you only help someone else make unauthorized copies, you are still liable under the copyright law.

Apart from legal consequences, using copied or counterfeit software also means:

  • Greater exposure to software viruses, corrupt disks, or otherwise defective software;
  • Inadequate, or no documentation. No warranties;
  • Lack of technical product support available to properly licensed users;
  • Ineligibility for software upgrades offered to properly licensed users.

Many businesses, both large and small, face serious legal risks because of software piracy. Under the law, a company can be held liable for its employees' actions. If an employee is installing unauthorized software copies on company computers or acquiring illegal software through the Internet, the company can be sued for copyright infringement. This is true even if the company's management was unaware of the employee's actions.

 

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