FAQs: Intellectual
Property
What is Software Piracy?
This information comes
from the Business Software Alliance (BSA), an alliance of software
companies dedicated to strict enforcement of copyright around
the world.
As the number of computers
and Internet use grow, the incidence of software piracy grows
as well. Forty percent of the world's software is pirated. Software
Piracy is not only a crime, but it can destroy computers and data.
Perhaps the most visible type of software piracy is the sale of
counterfeit CD-ROMS in retail outlets. However, there exist numerous
forms of software piracy, each of which contributes to the billions
lost in revenue to the software industry annually.
The five common types of
software piracy are:
- End-user piracy
This is the most damaging form of software piracy to the BSA,
and is also known as "corporate end-user piracy".
This occurs when businesses, schools, non-profit organizations
and government institutions make additional copies of software
without authorization. End-user piracy can take the following
forms:
1. Using one licensed copy to install a program on multiple
computers.
2. Copying disks for installation and distribution.
3. Taking advantage of upgrade offers without having a legal
copy of the version to be upgraded.
4. Acquiring academic or other restricted or non-retail software
without a license for commercial use.
5. Swapping disks in or outside the workplace.
- Client-server Overuse
This occurs when too many employees on a network use a central
copy of a program at the same time.
- Internet Piracy
While there are many publishers who offer authorized versions
of their software for sale online, there are numerous pirate
operations on the Internet as well:
1. Pirate websites that make software available for free download
or in exchange for uploaded programs.
2. Internet auction sites that offer counterfeit, out-of-channel,
infringing copyright software.
3. Peer-to-Peer networks that enable unauthorized transfer
of copyrighted programs.
Internet piracy represents perhaps the single greatest threat
to e-commerce.
- Hard Disk Loading
This occurs when the business who sells you a new computer
loads illegal copies of software onto its hard disk to make
the purchase of the machine more attractive.
- Software Counterfeiting
This 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 CDs or diskettes, incorporating the software program,
as well as related packaging, manuals, license agreements,
labels, registration cards, and security features.
(October 2007)
The
above is intended to provide general information only. The contents
do not constitute legal advice and should not be relied upon as
such. If legal advice or other expert assistance is required,
the services of competent professionals should be sought.
For
further information, please contact Mr.
Edward Kelly, Partner, Intellectual Property Department (edward.k@tillekeandgibbins.com).
