Penalties for software piracy for corporations

Can I purchase a single licensed copy of a piece of software and load it onto several machines? This is known as "softlifting," and is contrary to the terms of a license agreement. Can I give or sell a "backup copy" of a licensed program to other people? A "backup copy" can be used for "archival purposes only. Can I legally copy my friend's software? Software is protected by federal copyright law, which says that you can't make additional copies of software without the permission of the software publisher.

What is counterfeit software? How can I tell if it's fake? Counterfeit software is hard-copy' software that has been reproduced by someone other than an authorized distributor. It may look just like the 'real' thing, but often is pretty obviously not.

If you are offered extremely cheap software at a 'computer show and sale', in another country or at a flea market, look for some of the warning signals below. Who benefits from copyright law? By protecting the investment of computer software companies in software development, the copyright law promotes broad public availability of new, creative and innovative products.

These companies devote large portions of their earnings to the creation of new software products and they deserve a fair return on their investment. The creative teams who develop the software -- programmers, writers, graphic artists and others -- also deserve fair compensation for their efforts. Without the protection given by our copyright laws, they would be unable to produce the valuable programs that have become so important to our daily lives: educational software that teaches us much needed skills; business software that allows us to save time, effort and money; and entertainment and personal productivity software that enhances leisure time.

What do I get out of purchasing my own software? When you purchase authorized copies of software programs, you receive user guides and tutorials, quick reference cards, the opportunity to purchase upgrades, and technical support from the software publishers.

For most software programs, you can read about user benefits in the registration brochure or upgrade flyer in the product box. What are the risks of buying or using pirated software? Buying and using pirated software is risky for corporate and individual users. Aside from the legal consequences of using pirated software, your organization forfeits some practical benefits as well. Those who use pirate software:. The use of pirated software also drives up the costs for legitimate users - which gives legitimate users all the more reason to help SIIA fight piracy by reporting to us those companies that are not "playing by the rules.

What exactly does the law say about copying software? The law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy "for archival purposes only" or, in limited circumstances, for "purposes only of maintenance or repair. 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 terms.

At my company, we pass disks around all the time. We all assume that this must be okay since it was the company that purchased the software in the first place. Many employees don't realize that corporations are bound by the copyright laws, just like everyone else. Such conduct exposes the company and possibly the persons involved to liability for copyright infringement. As a result, more and more corporations concerned about their liability have written software usage policies.

Employees may face disciplinary action if they make extra copies of the company's software for use at home or on additional computers within the office. A good rule to remember is that there must be one authorized copy of a software product for every computer upon which it is run. What should I do if become aware of a company that does not comply with the copyright law or its software licenses? Is there a hour rule under the copyright law that allows a user to download a program and use it for 24 hours to determine if they want to continue using it - and then after the hour period they have to delete it or buy it?

The hour rule is an urban legend created and circulated to justify violations of copyright law on the Internet. Under copyright law, "[a]nyone who violates any of the exclusive rights of the copyright owner [reproduction, adaptation, distribution to the public, public performance, public display, rental for commercial advantage or importation] is an infringer of the copyright or the right of the author Infringement may occur by downloading software, uploading software, making software available for download, and transmitting software files.

Whenever the distribution of a computer program occurs without the consent of the software publisher, it is a direct infringement of the copyright law. The unauthorized reproduction or distribution of a program, even for only 24 hours, is illegal. The amount of time is not an exempting factor. Does copy law allow the free use of Abandonware -- software that a copyright holder has ceased distributing or supporting for more then five years? Abandonware is an urban legends created and circulated to justify violations of copyright law on the Internet.

Section of the copyright law specifies the duration of copyrights. For works created after , the copyright lasts for the life of the author plus seventy years, or, in the case of anonymous works, pseudonymous works, and works made for hire, the copyright endures for a term of ninety-five years from the year of its first publication, or a term of one hundred twenty years from the year of its creation, whichever expires first.

The copyright law does not impose an obligation on the part of the copyright owner to market the work or otherwise make it available to the public for any period of time. Thus, the notion of the abandonment of a copyright due to a lack of distribution, technical support, or even the copyright holder's going out of business, is false.

What are the penalties for pirating software? The copyright owner also has the right to permanently enjoin an infringer from engaging in further infringing activities and may be awarded costs and attorneys' fees. The law also permits destruction or other reasonable disposition of all infringing copies and devices by which infringing copies have been made or used in violation of the copyright owner's exclusive rights.

In cases of willful infringement, criminal penalties may also be assessed against the infringer. What are the penalties for having more software programs loaded onto company computers than the company has licenses? The penalties for under-licensing are the same as those for software piracy. The law also permits the software publisher to recover court costs and attorneys' fees it spends to sue the company and to destroy the all illegal software found at the companies.

In cases of willful piracy, criminal penalties may also be assessed against the company. Are pirated software and other forms of copyright violation protected by the First Amendment? The First Amendment is not a defense for committing copyright infringement. Nation Enterprises. This protection seeks to promote creativity and the wide dissemination of ideas.

The unlawful reproduction and distribution of copyrighted material is not protected by the First Amendment and is considered copyright infringement under Federal law.

When piracy happens, it can be in one instance, or multiple. To make that clearer, it means how many times that software was installed or shared. The copying and distribution of the software to other parties means further damages to its creator, so every loss in profit caused by this is also to be paid by the offender.

Sometimes, it can be very difficult or virtually impossible for a company to determine how many copies of their software were distributed by a software pirate. This is applicable if the accuser can prove that willful infringement of their EULA was done by the accused. All types of software piracy are illegal, but simple copying and free redistribution is treated with softer punishments by courts.

In cases where a pirated software was sold to other users, the offender will receive a criminal penalty. Torrenting has become a common practice, with the U. Video games, music, movies, books, you name it. Both uploading and downloading torrents can get you sued and fined, but there will be no jail time involved.

Staying clear of hefty fines and more serious consequences involves some work on your part, no way around it. All in all though, there are only a few basic rules you should stick by to avoid software piracy fines:.

We also covered how to avoid having your own software pirated! If you think your own cable, satellite, or streaming media content is at risk, give us a call at Intellectual Property.

Blog The Consequences Share This Article:. You participate in the unauthorized use or distribution of TopScore Pro? You do not OWN the software. You are granted a nonexclusive right to USE the software for a specific period of time. ScholarWare takes software piracy very seriously. Because our product is beneficial to its users only once unlike other programs such as Microsoft Word , we especially depend upon recurring revenue to make advances in our product.

Why shouldn't I use pirated or pirate software? Who am I hurting? There are several reasons not to use pirated or pirate software. What are the fines for being caught with or participating in pirated software? At ScholarWare we report software pirates and prosecute them. We take it seriously. Click Here to Report software piracy. What proof do we need to show that you have purchased our software? Anti-Piracy requires positive proof that all software has been purchased to demonstrate copyright compliance.

Other documentation provided by the company may be acceptable.