Each year as more and more software
products are released into the market, the issue of software piracy becomes larger and
more critical for businesses and individuals alike. As such, it threatens to hinder the
development of future software products, affecting everyone form the software publishers
to legitimate users, and even illegal users. This message is intended to explain what
software piracy is, how it effects your unit or organization, and how to become compliant
if you suspect unauthorized software usage in your organization.
What is Software Piracy? Software piracy is the unauthorized duplication and
use of software without consent for the copyright owner. Types of piracy include:
Purchasing a single-user license and loading it onto
multiple computers or a server ("soft loading");
Creating, distributing, or selling copies that appear to
be from an authorized source ("counterfeiting");
Renting software without permission from the copyright
holder;
Distributing and/or selling software that has been
separated from the product's) in which it was originally bundled;
Downloading copyrighted software from the Internet or
bulletin boards without permission from the copyright holder.
The following are some commonly asked
questions about software piracy:
Question. What
does the law say about software piracy?
Answer. The law says that anyone who purchases a
software copy has the right to load that copy onto a single computer and to make another
copy "for archival purposes only." It is illegal to use that software on more
than one computer or to make or distribute copies of that software for other purposes
unless permission has been obtained from the copyright owner. Software piracy is a federal offense and constitutes copyright
infringement, regardless of whether it is used for sale, free distribution, or personal
use. If you pirate software, you may face not
only a civil suit for damages and other relief, but criminal liability as well, including
fines and jail of up to five years for a first offense, and ten years for a second
offense. Copiers are liable for the resulting copyright infringement even if they were not
aware that their conduct violated federal law.
Question. How serious an issue is software piracy
in the Federal Government?
Answer. It is serious enough that Executive Order
13103 was signed on 30 Sep 98, requiring all government agencies to inventory their
software on a regular basis, establish proper record-keeping, and undertake internal
education programs on software use. It also requires legal software use by all government
agencies and companies that either contract with the government or receive federal grants,
loans or loan guarantees.
Question. What benefit do I gain from purchasing
my software?
Answer. When you purchase authorized copies of
software programs, you receive corresponding documentation, such as licenses, users
manuals, tutorials and quick reference cards. You also receive technical support from the
software publisher, as well as the opportunity to purchase upgrades. For most software
programs, you can read about user benefits in the registrations brochure or the upgrade
flyer in the product box.
Question. I purchased a computer that came with
software already loaded on the hard drive. Should I have received licenses or disks for
it?
Answer. If you have purchased any software that
does not come with a license or registration, then that is probably a case of piracy. It
also puts you at risk for having an illegal product on your PC. There are times that
software may be installed legally on a system, called bundled software; bundled software
is specially licensed to the computer with which is came. If you have a question about
software's legality, please consult your Information Systems Security Officer (ISSO), or
your Information Management Officer (IMO), or the reseller or publisher of the product. It
is a good rule of thumb not to purchase software without the appropriate licensing
documentation.
Question. Why shouldn't I use pirated software?
Answer. The unauthorized duplication of software
affects everyone, from software publishers to legitimate users. Even the users of unlawful
software copies suffer because they could be getting a program that is infected with a
virus, or may be incompatible or functioning improperly. In addition, they receive no
documentation, customer support or product update information. Software publisher
designate larger portions of their earnings to the creation of new or updated software
products, without it there may not be another version of the software you rely on to get
your job done.
Question. In my office, we pass disks around all
the time. Is that okay?
Answer. Frequently, soldiers/employees fail to
realize that their unit/organization is also bound by the copyright law. Such conduct
exposes the agency (and possibly the persons involved) to liability for copyright
infringement. Currently no unit or organization on Fort Bragg is authorized to copy
software. Remember - there must be one
authorized copy of a software product for every computer upon which it runs.
Question. If I download software from the
Internet or Bulletin Board, can I assume it's legal?
Answer. Not always. There are generally three
types of software: shareware, freeware, and commercial. You may legally download shareware
or freeware software. It is the responsibility of the bulletin board operator or user
group to respect copyright law and ensure that is not used for unauthorized copying or
distribution since copyright law also binds bulletin boards and user groups. Commercial
software is sometimes available legally for download on the Internet. If you have any
questions, check with your unit ISSO, IMO or software publisher to determine if the
distributor has a license to distribute these products.
Question. How can my organization stay legal?
Answer. It is the responsibility of every software
user to understand and adhere to the copyright laws. Units and organizations should take
steps to reduce the risk of software piracy, by implementing a software usage policy,
enacting procedures for obtaining and recording new software licenses, monitoring software
usage, and regularly conducting internal software audits. As an individual, you can help
spread the word to your colleagues that users should be "software legal."
Question. How do I know if I have a certified
Microsoft Product?
Answer. Microsoft has developed a Certificate of
Authenticity (COA) which accompanies every Original Equipment Manufacturer (OEM) and
retail product. This provides you with assurance that the software you have purchased is
legally licensed from Microsoft.
Question. If I find out that I'm not legally using
software, what can I do?
Answer. You don't have to be a victim of software
piracy! Contact your unit ISSO or unit IMO to report the need for legal copies of computer
software.
Question. How can I report suspect software
piracy?
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