Software piracy and copyright infringement

Software piracy and copyright infringement

1. Software Piracy & Copyright GROUP ONE

2. Table of Content What is software piracy? What is copyright? Installing illegal copies of commercial software Violating end user license agreement Downloading of software/cracking of software Use of software for educational use Use of software for personal use Differences among various types of licensing . Differences among various software Downloading of movies for free Making illegal copies for sale on the streets Watching free movies or listening to music online Uploading music and movies to websites to be viewed free     Use of bit torrents for file sharing Playing games online Research Paper: Software Piracy & Copyright 2

3. Interview with a Police Officer (conducted November 17) Research Paper: Software Piracy & Copyright 3 “Given the recent amendment of the Cybercrime Act, do you think the offenders as it relates to software privacy and plagiarism will decrease in numbers in fear of the jurisdiction that comes with the act?” “Since amendment; has there been any applied pressure towards offenders as an effort to let them know that there is a law that speaks against their offences?”

4. Interview with a Police Officer (conducted November 17) Research Paper: Software Piracy & Copyright 4 “On November 15, there was an offender, or to be precise, there was a criminal who was charged with rape and violations of the cybercrime act, seeing he is a recent offender, do you think he should be given the full 10 years that comes with the act as means to make a statement to any member of the public that breaches should minimize?”

5. What is Software Piracy? This is the unauthorized copy or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers. Case: Settlement in software Piracy case - The Gleaner, Sunday March 8, 2010; Barbara Gayle. Research Paper: Software Piracy & Copyright 5

6. The History of Software Piracy

7. The History of Software Piracy

8. What is Copyright ? A protection given to authors or creators of “original works of authorship,” including literary, dramatic, musical, artistic and other intellectual works. This means as the author of the work, you alone have the right to : Research Paper: Software Piracy & Copyright 8 Case: Copyright infringement ruling disappoints marks - The Observer; Paul Henry

9. Installing illegal copies of commercial software With the advent of file sharing sites such as Pirate Bay and Bit Torrent , the ease of downloading commercial software for free is creating a challenge for companies. In Jamaica, Douglas DaCosta sued Arthur James for selling unauthorized copies of his Auto Parts Management System to companies. Research Paper: Software Piracy & Copyright 9

10. According to the Business Software Alliance Research Paper: Software Piracy & Copyright 10 “…43 percent of the software installed on PCs around the world were not properly licensed, an uptick from 42 percent in 2011. The commercial value of the unlicensed installations was $62.7 billion .”

11. Violating end-user license agreements (EULA) This is a contract between the ‘licensor’ and the consumer of the right to use software. It defines the ways under which a product may be used, in addition to other rights or restrictions included in the agreement . The EULA is also a non-negotiable agreement which the user can either accept in its entirety or not accept by not using the product or the service at all. Research Paper: Software Piracy & Copyright 11

12. Downloading of software/cracking of software Persons who engage in software cracking are called “crackers”. They break into computer systems or networks to maliciously add, remove or steal information. Software cracking enables crackers to by-pass paying for or registering software by using different methods. ‘Cracked’ software is considered to be pirated and is illegal under the laws of multiple countries. Research Paper: Software Piracy & Copyright 12

13. Downloading of software/cracking of software Software cracking is covered in the Digital Millennium Copyright Act (DMCA) of the US - in accordance to the World Intellectual Property Organization (WIPO) of the United Nations. This infringement is covered under the Cybercrime Act of 2015 in Jamaica. Research Paper: Software Piracy & Copyright 13

14. Use of software for educational use Questions to be asked: Research Paper: Software Piracy & Copyright 14

15. Use of software for educational use There are many different types and uses of software in the educational sector. For example the use of the Microsoft Office Package, Learning Management Systems, virtualization software, games for educational purposes, software that assists students with special needs and the list continues. Research Paper: Software Piracy & Copyright 15

16. Use of software for educational use According to Title 17, Section 107, of the U.S. Code, refers to “ teaching, scholarship or research, is not an infringement of copyright Limitations on exclusive rights: Fair Use Doctrine, 2015 given that it does not violate the stated factors above. Research Paper: Software Piracy & Copyright 16

17. Founders of the Business Software Alliance (BSA) Research Paper: Software Piracy & Copyright 17

18. Depreciate among various types of licensing Research Paper: Software Piracy & Copyright 18

19. Site License and User License Site License Used when purchasing software for single site usages but with multiple users. These users are granted permission to access copy protected work, but only at that particular location. Also known as software licensing. User License This is another name for End-User License Agreement (EULA). A EULA protects both parties from liability if the software is used in a way not intended by the manufacturer or author. Research Paper: Software Piracy & Copyright 19

20. MIT and Client Access License MIT License A type of license recognized by the Open Source Initiative (OSI ). It permits reuse within proprietary software on the condition that the license is distributed with that software. The MIT license is one of well over fifty licenses that have been approved by the OSI. Client Access License This is a license that gives a user the right to access the services of the server. They are primarily used for Microsoft server products. Research Paper: Software Piracy & Copyright 20

21. Compulsory License Also referred to as a statutory license. According to U.S law, a license to use content under reasonable and non-discriminatory terms, defined by act of Congress. They don’t need to obtain permission from the copyright holders to play a song, but must pay usage fees to the copyright holders based on how often a particular song is played. Research Paper: Software Piracy & Copyright 21

22. The differences among various types of software Research Paper: Software Piracy & Copyright 22

23. Open Source vs. Freeware Open Source Licensed to guarantee free access to the programming source code. This allows the user to install the software on a new platform without an additional purchase. Those who are technically inclined can fix bugs. Freeware Software that is distributed for free. Available either as fully functional trial software or partially completed. The author may stipulate that others not modify the program. A freeware is typically distributed without its source code . It may be freely copied but not sold. Research Paper: Software Piracy & Copyright 23

24. Commercial Software D eveloped by a commercial entity and is typically licensed for a fee to a customer in object, binary or executable code. The commercial entity often provides support, training, updates and other similar services needed by customers to efficiently use that software. The source code of the software may be made available to certain users of the software through special licensing or other agreements . Research Paper: Software Piracy & Copyright 24

25. Shareware Distributed at low (or sometimes no) cost, but usually requires payment and registration for full legal use. Copies are distributed on a trial basis. You are free to test the software and decide whether it's a good value . It is not free, since authors of these programs expect payment from those who intend to use the programs. While shareware may be freely copied, companies may not charge fees for copies that significantly exceed their costs . The authors retain their copyright on the contents, and you may not modify or distribute modified copies. Research Paper: Software Piracy & Copyright 25

26. Public Domain This is often used to refer to software programs that are offered to the public without copyright restrictions. They are publicly available and can be freely accessed and redistributed. It is similar to open source and freeware software However , open source software, while freely distributed, still retains the original developer's copyright. When software is offered as public domain, it is often labelled "PD" or may include a Public Domain Mark (PDM ). Research Paper: Software Piracy & Copyright 26

27. General Public License This is a free, copyleft license for software and other kinds of works. The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program - to make sure it remains free software for all its users. Research Paper: Software Piracy & Copyright 27

28. Watching free movies or listening to music online The Jamaican Gleaner of July 29, 2015 states that as a democracy Jamaica has the right to its privileges which also includes watching free movies or listening to music online. That means that when some institution rob us from watching free movies or listening to music online their technically abusing our rights as citizens of democracy. In my opinion, I agree with this as I should have the right to watch or listen to what I want, when I want, however I want. Research Paper: Software Piracy & Copyright 28

29. Uploading music and movies to websites to be viewed free Uploading music and movies to websites to be viewed free can be looked upon in both a positive and negative light. In the positive light, when you upload music and movies to be viewed free online you allow those who really want to watch or listen to such things but can’t afford to pay for them. In the negative light however, unless you get permission from the original creator of such movies or music, you are part taking in copyright infringement which may give rise to both criminal and civil liabilities . Research Paper: Software Piracy & Copyright 29

30. Downloading of movies for free Anyone who does not know that downloading movies from the Internet online for free is illegal, knows that it is unethical but just chooses to ignore these laws as well as the criminal justice that they will face if they got caught. The Recording Industry Association of America (RIAA) clearly states that, as recently as November 13, 2015, "Uploading is copying. Downloading is also copying. Unauthorized copying is an unauthorized use that is governed by the copyright laws .” Therefore , unauthorized uploading and unauthorized downloading are unauthorized uses governed by the copyright laws. Research Paper: Software Piracy & Copyright 30

31. Making illegal copies for sale on the streets Under the Copyright Act of Jamaica strictly points out that the illegal copying of software for redistribution is against the law. Anyone who does this commits an offence . The US has a law relating to this infringement in Title 17 of the United States Code (Sections 501 and 506) Research Paper: Software Piracy & Copyright 31

32. Playing Games Online Online games that entail gambling is deemed illegal by the cybercrime act. Within the United States of America cyber casinos are illegal. According to Leslie Bryant, head of the Cybercrime Fraud unit at FBI Headquarters, in the article name Online Gambling “You can go to Vegas. You can go to Atlantic City. You can go to a racetrack. You can go to those places and gamble legally. But don’t do it online…” Research Paper: Software Piracy & Copyright 32

33. Playing Games Online US Laws that govern online gaming: Wire Act Illegal Gambling Business Act Professional and Amateur Sports Professional Act (PASPA) Unlawful Internet Gambling Enforcement Act (UIGEA) Research Paper: Software Piracy & Copyright 33