Software piracy is the unauthorized use or distribution of software
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What is Software Piracy?
Software piracy is the unauthorized use or distribution of software.
Why shouldn’t I use pirated or pirate software? Who am I hurting?There are several reasons not to use pirated or pirate software.
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- It’s illegal and there is liability on your part. (See Liability for Piracy below)
- It’s risky. If the software is from an unauthorized source, you could be getting a program that is not fully functional. Each TopScore Pro® CD-ROM expires on a predetermined date which is unknown to the user. You don’t want an expired product.
- There won’t be another version of the software if there is no revenue to put back into research and development. This revenue has made the product affordable to legitimate users.
- It isn’t ethical. Or we like to say “doing the right thing when no one is looking.” Understand that this product is introduced at a very affordable price and provides tremendous benefit to preprofessional (predental/preoptometry) students. Ask yourself how you would feel if your life’s work went without compensation? Start now and be an ethical professional.
LIABILITY FOR PIRACYWhat are the fines for being caught with or participating in pirated software?
If sued for civil copyright infringement, the penalty is up to $100,000 per title infringed. If charged with a criminal violation, the fine is up to $250,000 per title infringed and up to five years imprisonment.
The Law in the United States
Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright (ScholarWare) are clearly stated in the Copyright Act, Title 17 of the US Code. The Act gives the owner of the copyright “the exclusive rights” to “reproduce the copyrighted work” and “to distribute copies … of the copyrighted work” (Section 106). It also states that “anyone who violates any of the exclusive rights of the copyright owner … is an infringer of the copyright” (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make “another copy for archival purposes only,” which are specifically provided in the Copyright Act (Section 117). The license accompanying TopScore Pro® does not allow additional copies to be made outside of Title 17; be sure to review our End User License Agreement carefully. Software creates unique problems for copyright owners because it is easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier’s own use. Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct was in breach of the law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying.It has always been illegal to rent unauthorized copies of software. Concern over the fact that the rental of authorized or “original” software frequently resulted in the creation of pirated software led Congress to enact the Software Rental Amendments Act of 1990 (Public Law 101-650). This law prohibits the rental, leasing, or lending of original copies of any software without the express permission of the copyright owner.