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Topic: Copyright infringement of software



  
 Copyright infringement of software - Wikipedia, the free encyclopedia
Copyright infringement of software is extremely common in Mexico, China, Indonesia, Russia, Brazil, United States, and several other parts of the world where it too operates without restraint.
The copyright infringement of software refers to several practices when done without the permission of the copyright holder:
One organization that campaigns against software copyright infringement refers to the practice as software theft.
http://en.wikipedia.org/wiki/Software_piracy   (1950 words)

  
 Copyright infringement - Wikipedia, the free encyclopedia
For a substantial discussion of copyright infringement in the domain of computer programs, see copyright infringement of software.
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.
Though many jurisdictions impose criminal penalties for certain blatant acts of copyright infringement and may try to stop certain infringing imports at the border, copyright infringement is still mainly prosecuted through private lawsuits by the copyright holder or their exclusive licensees.
http://en.wikipedia.org/wiki/Copyright_infringement   (1077 words)

  
 Lesley UT: E-Policy - Copyright
Software Copyright Infringement: Software Copyright Infringement includes receiving and/or using unauthorized copies of software, making unauthorized copies of software for oneself or others, or attempting to modify the computer systems in any unauthorized manner.
Copyrighted software must only be used in accordance with the license and purchase agreement between Lesley and independent vendors.
The electronic environment includes a number of mediums that are subject to copyright laws, including the Internet, e-mail, and computer software.
http://www.lesley.edu/ut/epolicy/copyright.html   (419 words)

  
 Defining Computer Program Parts Under Learned Hand's Abstractions Test in Software Copyright Infringement Cases
Although computer programs enjoy copyright protection as protectable “literary works” under the federal copyright statute,1 the case law governing software infringement is confused, inconsistent, and even unintelligible to those who must interpret it.
Substantial similarity between the allegedly infringing program and the copyrighted program is not the only element of a software copyright infringement case.
Copyright law should balance software protection against progress in the programming art and development of new technologies, but it can only succeed if it is informed by fundamental programming concepts and accepted legal principles.
http://digital-law-online.info/misc/ogilvie.htm   (15511 words)

  
 UF Software Copyright Information * Training
Unless the department purchases software for use on the privately-owned computer, copying University software for privately-owned computers is a copyright infringement.
Other educational materials including, "Software Use and the Law," a brochure detailing the copyright law and how software should be used by educational institutions, corporations and individuals; and several posters to help emphasize the message that unauthorized copying of software is illegal.
The "Software Rental Amendments Act" was passed in 1990 to prohibit the rental, leasing, or lending of commercial software without the express permission of the copyright holder.
http://pirate.ifas.ufl.edu/TRAINING.HTM   (7713 words)

  
 UF Software Copyright Information * Training
Unless the department purchases software for use on the privately-owned computer, copying University software for privately-owned computers is a copyright infringement.
Other educational materials including, "Software Use and the Law," a brochure detailing the copyright law and how software should be used by educational institutions, corporations and individuals; and several posters to help emphasize the message that unauthorized copying of software is illegal.
The "Software Rental Amendments Act" was passed in 1990 to prohibit the rental, leasing, or lending of commercial software without the express permission of the copyright holder.
http://pirate.ifas.ufl.edu/TRAINING.HTM   (7713 words)

  
 Copyright infringement of software - Wikipedia, the free encyclopedia
As software copyright infringement does not usually involve a deliberate attempt to deprive the software owner of the software, this term is very misleading.
The copyright infringement of software, also called software piracy, refers to several practices when done without the permission of the copyright holder:
Some groups including the Free Software Foundation object to the term "software piracy." Their objection stems from the idea that to label one as a pirate creates a prejudice that is used to gain political ground.
http://en.wikipedia.org/wiki/Software_piracy   (7713 words)

  
 Software piracy and copyright infringement statistics show the IT sector as the prominent infringers of copyright.
Software piracy and copyright infringement statistics show the IT sector as the prominent infringers of copyright.
On 28 January 2004 the Business Software Alliance (BSA) reported the most frequent copyright infringers in the previous year were from the IT industry - representing 24% of all software copyright infringement piracy settlements that year.
It makes sense to ensure that software audits are regularly carried out to avoid the prospect of fines and the corporate humiliation that may arise from public exposure of the consequences of improper license management and associated infringement claims.
http://www.gillhams.com/articles/167.cfm   (617 words)

  
 Software theft - definition of Software theft in Encyclopedia
Many kinds of software protection have been invented to try to reduce software copyright infringement but, with sufficient effort it is always possible to bypass or "crack" the protection, and software protection is often annoying for legitimate users.
Software copyright infringement was estimated for 1994 to have cost $15 billion (USD) in worldwide lost revenues to software publishers.
Copy or distribute software or its documentation without the permission or licence of the copyright owner.
http://encyclopedia.laborlawtalk.com/Software_theft   (456 words)

  
 COPYRIGHT INFRINGEMENT EXPERT WITNESS NORRIS ASSOCIATES
Software copyright infringement can take numerous forms, not all of them obvious to the non-specialist.
Wayne B. Norris, our Principal, has acted as a copyright infringement expert witness in several software copyright and trade secret misappropriation [cases in progress as of June 2002].
Norris has authored a strategy and a methodology, being readied for publication and public distribution, that formally describes the most commonly held industry views and practices regarding authorized and unauthorized copying of source code and their effect on software copyright infringement actions.
http://www.rain.org/~norriswb/CopyrightInfringement.html   (171 words)

  
 Software Publishers Association Turns Attention to Internet
Furthermore, while the SPA claims that information about cracking copyright protection schemes constitutes a copyright infringement, courts in the past have held that copies made in the course of cracking software for the purpose of reverse-engineering the software may not be an infringement of the copyright.
Further, it defines infringement to include not just the distribution of protected software, but also the provision of "cracker" utilities and any other information that can be used to circumvent manufacturer-installed copy protection devices.
The issues are obviously not as clear as portrayed in the SPA's educational materials, which virtually ignore the knowledge element of the contributory infringement test.
http://www.loundy.com/CDLB/SPA_v_ISPs.html   (1511 words)

  
 softwareCopyright.html
Software copyright law is something that affects anyone who uses a computer, and most particularly businesses - it is not uncommon for a business to face civil or even criminal proceedings for software copyright infringement.
Although an intrinsic part of copyright law, the law of moral rights is not likely to be relevant to ordinary users of software, but only to programmers and their employers.
Such manuals will copyrighted, but the rules may not be exactly the same as for software copyright (for example, in relation to employees' rights).
http://www.ipr-helpdesk.org/docs/docs.EN/softwareCopyright.html   (3487 words)

  
 Visualware - "Cracked" Software Piracy Information
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.
Software Piracy: Installing and using software that has been specially modified to bypass the license key mechanism in the software is prohibited and a violation of US Copyright law and International treaty.
Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct violated applicable law.
http://www.visualware.com/company/cracked.html   (3487 words)

  
 Amazon.com: Copyright Your Software: Books: Stephen Fishman
In addition to covering the basics of copyrights, you're shown how to sell copyrights, what to do in the event of infringement, and the limits of protection that a copyright affords you.
I found it particularly disconcerting to find that once your software is published (made available for sale or download) that it is automatically protected by copyright even without obtaining an official copyright from the government.
I specifically had avoided making my software available for distribution becuase I, obviously stupidly, assumed that you needed to obtain an official copyright prior to making software available for public use.
http://www.amazon.com/exec/obidos/tg/detail/-/0873377192?v=glance   (1281 words)

  
 Board Policy 6162.6(a) : Copyright Infringement of Computer Software
COPYRIGHT INFRINGEMENT OF Federal law and District Policy prohibit the unauthorized copying or use of computer software programs.
Policy 6162.6(a) : Copyright Infringement of Computer Software
Users of technology in the Irvine Unified School District shall adhere to all computer software copyright and licensing provisions.
http://www.iusd.k12.ca.us/bdpolicy/policies/6162_6a.htm   (159 words)

  
 SECOND CIRCUIT INVITED TO VARY RULES FOR SOFTWARE COPYRIGHT INFRINGEMENT (COMPUTER ASSOCIATES v. ALTAI)
With few exceptions it is the law of the land on issues of software copyright infringement.
Judge Keeton refused to alter his views based on Altai; however, his view of the law of software copyright infringement was turned on its head when the Lotus/Borland case reached the First Circuit Court of Appeals.
Most critically, the court concluded that the "behavior" of a program cannot be the subject of copyright protection, since behavior is akin to a "process," "system" or "method of operation," all of which are excluded from copyright protection.
http://www.gesmer.com/publications/softcopy/17.php   (664 words)

  
 Rider University - Copyright Infringement and Fair Use Guidelines
Unauthorized duplication, distribution or use of someone else’s intellectual property, including computer software is copyright infringement and is illegal and is subject to criminal and civil penalties.
It is not an infringement of copyright if works used fall under the "fair use" exception of copyright law.
Factors used in determining if copyrighted material falls under the fair use exception includes, but are not limited to, whether the material is used for educational rather than commercial gain, the nature of the copyrighted work, how much of the entire work is used and the potential value of the copyrighted work.
http://www.rider.edu/2530_3447.htm   (1042 words)

  
 Copyright
Copyright piracy has been defined as "unauthorized use and reproduction of protected works and the consequent repercussions."1 Software piracy may be defined as the unauthorized use and reproduction of protected software programs and the consequent economic repercussions.
The Canadian Copyright Act defines two general categories of infringement of copyright: (a) general infringement pursuant to subsection 27(1); and (b) secondary infringement pursuant to subsection 27(2).
Copyright enforcement might be impeded because of the difficulty involved in understanding, interpreting and applying the provisions of the chapter.
http://www.abanet.org/ceeli/publications/assessments/romania/copyright.html   (1042 words)

  
 Group offers amnesty to software pirates CNET News.com
Under the program, businesses can conduct a software audit and begin paying proper license fees for all applications in use without the threat of penalties for past use, which can run as high as $150,000 for each incident of copyright infringement.
Kruger said software audits are more common than most business executives believe, thanks in no small part to a growing trend of disgruntled ex-workers calling in tips to copyright enforcers.
The Business Software Alliance, the main software trade group enforcing license and copyright restrictions, is offering a limited amnesty program this month to businesses using illegally copied software.
http://news.cnet.com/news/0-1003-200-8354860.html   (1085 words)

  
 MGM Studios v. Grokster (2005) [04-480]
Were companies that distributed file-sharing software, and encouraged and profited from direct copyright infringement using such software, liable for the infringement?
The district court ruled for Grokster, reasoning that the software distribution companies were not liable for copyright violations stemming from their software, which could have been used lawfully.
A group of movie studios and other copyright holders sued and alleged that Grokster and the other companies violated the Copyright Act by intentionally distributing software to enable users to infringe copyrighted works.
http://www.oyez.org/oyez/resource/case/1809   (257 words)

  
 Modern Practice
Their theory of liability holds that Grokster and StreamCast are responsible for the software users' copyright infringement- either because they contribute to users' infringement, or because the infringement is, in effect, their own.
Grokster case: Like VCR makers, they, too, provide a means that enables copyright infringement on the part of some users, but not of all users.
Similarly, when software is later used by many to infringe, and some to legally distribute files, does the software maker have "knowledge" of infringement?
http://practice.findlaw.com/feature-0305.html   (1927 words)

  
 Software cracking - definition of Software cracking in Encyclopedia
Distribution of cracked software (warez) is generally an illegal (or more recently, criminal) act of copyright infringement.
The passage of the Digital Millennium Copyright Act (DMCA) made software cracking, as well as the distribution of information which enables software cracking, illegal in the United States.
Cracking has been around as long as there has been software to crack, but software cracking started to evolve into a whole underground scene in the early 1980s, on the Apple II, Atari 800, and Commodore 64 computers.
http://encyclopedia.laborlawtalk.com/Software_cracking   (426 words)

  
 warez
Six Formerly Associated with Fox Cable Charged with Copyright Infringement for Running Warez Site...with Copyright Infringement for Running Warez Site that had Pirated Movies, Software...infringement for establishing and using a "warez" site on Fox s computer network that contained...and Willis were the alleged leaders of a "warez" group, which is an organization that duplicates...
Department of State Washington File: Text: Justice Department Waging Global Campaign Against...sophisticated international piracy or "warez" groups that specialized in "cracking...dedicated to providing information about the "warez" scene and copyright infringement, www...criminal groups are frequently referred to as "warez" groups.
International Copyright Piracy: A Growing Problem with Links to Organized Crime and Terrorism...While it's true that online piracy or warez groups do not fit squarely within the definition...to release new pirated software to the warez community for unauthorized and unlimited...operations.
http://www.geocities.com/geosearch_a/warez.html   (426 words)

  
 26, July 2005
In a much-anticipated decision, the U.S. Supreme Court has unanimously ruled that Grokster and StreamCast Networks, distributors of peer-to-peer software that allows users to download and share copyrighted music and video files, may be liable for copyright infringement.
Grokster: Peer-to-Peer Software Distributors May Be Liable for Copyright Infringement
The Court reasoned that defendants Grokster and StreamCast both took affirmative steps to induce users of their software to engage in copyright infringement.
http://www.crowleylaw.com/IPNews/IP026.htm   (979 words)

  
 Software Piracy
Software piracy is a federal offense and constitutes copyright infringement, regardless of whether it is used for sale, free distribution, or personal use.
Software piracy is the unauthorized duplication and use of software without consent for the copyright owner.
It is the responsibility of every software user to understand and adhere to the copyright laws.
http://www.bragg.army.mil/18abn/software_piracy.htm   (979 words)

  
 Judge: File-swapping tools are legal CNET News.com
In an almost complete reversal of previous victories for the record labels and movie studios, federal court Judge Stephen Wilson ruled that Streamcast--parent of the Morpheus software--and Grokster were not liable for copyright infringements that took place using their software.
It didn't matter that the companies were aware generally of copyright infringement happening using their software, Wilson added--they would have to know of specific instances of infringement and be able to do something about it, to be liable for those users' actions.
That stands in stark contrast to an earlier ruling against file-swapping company Aimster, in which the judge explicitly said the file-trading company did not need to know about individual acts of copyright infringement as they were happening to be held liable for the illegal activity.
http://news.com.com/2100-1027-998363.html   (2014 words)

  
 Software Copyright
The DBFP Manual #95-1 requires the maintaining of adequate software records, the implementing of employee information and control procedures necessary to prevent copyright infringement, and the signing of the State of Maryland Software Code of Ethics by each State employee with known or potential access to a computer or computer software.
Employees of DHMH shall abide by the Copyright Act of 1976, as amended from time to time, any license agreements that come with the computer software, and any other laws or regulations that are promulgated that relate to the copying of software products.
Software not specifically purchased or acquired through established procurement channels is not authorized for use on DHMH computers.
http://www.dhmh.state.md.us/policies/p020102.htm   (2260 words)

  
 Encyclopedia: Piracy
The copyright infringement of software, also called software piracy, refers to several practices when done without the permission of the copyright holder: Creating a copy and selling it.
Copyright misuse is an equitable defense against copyright infringement in the United States based on the unreasonable conduct of the copyright owner.
Copyright misuse, the exploitive or restrictive use of a copyright by its legal holder, is sometimes informally called reverse piracy.
http://www.nationmaster.com/encyclopedia/Piracy   (1830 words)

  
 Criminal Intellectual Property Laws
Software Pirate Guilty of Copyright Infringement Under NET Act (May 15, 2001)
A former North Carolina man who was arrested last fall and eight new defendants across the United States who allegedly were associated with the underground software piracy group known as "Fastlane" were indicted on February 15, 2001, for pirating more than $1 million of copyrighted computer software, games, and movies through non-public Internet sites.
Morley was indicted last year along with 16 other defendants from across the United States and Europe for conspiring to infringe the copyright of more than 5,000 computer software programs available through a hidden Internet site located at a university in Quebec, Canada.
http://www.usdoj.gov/criminal/cybercrime/iplaws.htm   (1161 words)

  
 Grokster interim judgment: uncertainty for software developers - UK Intellectual property article (Legal500.com)
Grokster did not attempt to block users using their software to share copyright works or filter copyright material from users' downloads.
The Supreme Court in Grokster found that a person is liable for contributory copyright infringement if they intentionally induce or encourage direct infringement, and vicariously liable if they profit from direct infringement while declining to exercise a right to stop or limit it.
A lower US appeal court followed the decision in Sony Corp of America v Universal Studios Inc, in which Sony was held not liable for contributory infringement by users of early video recorders as its distributor did not have actual knowledge of specific instances of infringement.
http://www.icclaw.com/devs/uk/ip/ukip_177.htm   (580 words)

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