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Topic: Copyright infringement of software

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	Copyright infringement of software - Biocrawler (Site not responding. Last check: 2007-10-09)
		This is copyright infringement in most countries and is unlikely to be fair use or fair dealing if the work remains commercially available.
		Copyright infringement of software is extremely common in Mexico, China, Russia, Brazil, and several other parts of the world.
		However, most software requiring installation has a licensing dialogue that requires the end user to accept the license before installation is completed (referred to as a "click-through license"), which obviously prevents subsequent installations.
	www.biocrawler.com /encyclopedia/Software_piracy (1296 words)

	Copyright infringement of software - Wikipedia, the free encyclopedia
		This is copyright infringement in most countries and is unlikely to be fair use or fair dealing if the work remains commercially available.
		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.
		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.
	en.wikipedia.org /wiki/Software_piracy (1950 words)

	Copyright infringement - Wikipedia, the free encyclopedia
		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.
		Copyright notices—often just a simple statement on the work itself of the year protection was acquired and by whom—are not always a good indication of whether a work is protected because most countries do not require such formalities, and so lack of notice does not mean lack of protection.
	en.wikipedia.org /wiki/Copyright_infringement (1077 words)

	BSA - Tokyo District Court Issues First Ruling Concerning Infringement Of Copyright By Illegal Corporate Piracy
		The result of this decision, in which the court recognized the seriousness of the infringement of copyright by corporate piracy claimed by the plaintiffs, is a major advance toward the strengthening of copyright protection in Japan in the future.
		The ruling, the plaintiffs said, is an epoch-making one, because it is the first in Japan concerning the infringement of copyright by corporate piracy.
		Naoko Mizokoshi, who heads Japan’s activities of the Business Software Alliance, said, "The court's decision is very significant not only for the software industry but for the IT industry as a whole in that the court has acknowledged for the first time the infringement of copyright by illegal corporate piracy.
	www.bsa.org /asia-eng/press/newsreleases/Tokyo-District-Court-Issues-First-Ruling-Concerning-Infringement-Of-Copyright-By-Illegal-Corporate-Piracy.cfm (999 words)

	Lesley UT: E-Policy - Copyright (Site not responding. Last check: 2007-10-09)
		Software license agreements are contracts in which the seller agrees to provide the program, provided that the buyer agrees to abide by the rules of the license.
		Copyrighted software must only be used in accordance with the license and purchase agreement between Lesley and independent vendors.
		Copyright infringement may be subject to disciplinary and/or legal action.
	www.lesley.edu /ut/epolicy/copyright.html (419 words)

	State of Connecticut Software Management Policy Manual
		Software limited to a file server is often coded so it cannot be loaded on to another file server, and the license agreement generally prohibits the agency from installing the software on multiple file servers.
		While the terms of the Copyright Act automatically protect all software from the moment of creation, the developers of Freeware voluntarily waive their rights to the software when they choose to distribute it free of charge, and a statement to that effect is usually found in a "read me" file or an opening menu.
		If the State decides to retain the copyright to the software (agencies should be aware that this right may increase the cost of the contract so the cost-benefit aspect of this decision must be weighed), specific contract language may be incorporated into the contract.
	www.osc.state.ct.us /manuals/Software/manual.htm (5486 words)

	Rider University - Copyright Infringement and Fair Use Guidelines (Site not responding. Last check: 2007-10-09)
		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.
		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.
		This policy must not interfere with a copyright owners means of identifying and protecting copyrighted works on the service provider’s system and, at the same time, should not impose substantial costs or burdens upon either the service provider or its network.
	www.rider.edu /2530_3447.htm (1042 words)

	SECOND CIRCUIT INVITED TO VARY RULES FOR SOFTWARE COPYRIGHT INFRINGEMENT (COMPUTER ASSOCIATES v. ALTAI) (Site not responding. Last check: 2007-10-09)
		With few exceptions it is the law of the land on issues of software copyright infringement.
		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.
		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.
	www.gesmer.com /publications/softcopy/17.php (664 words)

	UF Software Copyright Information * Training (Site not responding. Last check: 2007-10-09)
		Copyright law allows copying of copyrighted material for "fair use," nonprofit, educational purposes (without obtaining prior permission), but this copying is limited to a small part of a work and cannot include the "essence" or central part of the work.
		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.
	pirate.ifas.ufl.edu /TRAINING.HTM (7713 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.
		Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct violated applicable law.
		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.
	www.visualware.com /company/cracked.html (1436 words)

	Criminal Prosecution for Software Copying Rising
		Until 1992, however, criminal penalties could not be assessed for infringement of software copyrights.
		The federal criminal code was amended in 1992 to let federal prosecutors seek the felony penalties enacted in 1982 for infringement of software copyrights.
		As the law currently stands, the unauthorized reproduction of at least 10 copies of copyrighted work with an aggregate value of $2,500 or more within a 180-day period for purposes of commercial advantage or private financial gain is enough to expose the infringer to felony penalties.
	www.washingtontechnology.com /news/11_11/news/10231-1.html (796 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.
	www.gillhams.com /articles/167.cfm (617 words)

	Software Copyright
		Software not specifically purchased or acquired through established procurement channels is not authorized for use on DHMH computers.
		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.
		Conduct training for the Chief Software Monitors of the facilities and local health departments with emphasis on the presenting of the DHMH Software Policy to new employees during employee orientation at their respective units.
	www.dhmh.state.md.us /policies/p020102.htm (2260 words)

	Board Policy 6162.6(a) : Copyright Infringement of Computer Software (Site not responding. Last check: 2007-10-09)
		Regardless of the electronic device on which the software or operating system resides, downloading, copying, or using any software product, operating product or computer application in violation of the applicable license agreement is strictly prohibited.
		Any employee found copying software (other than for approved backup purposes) and/or giving software to any other person is subject to appropriate administrative and/or disciplinary action, up to and including dismissal.
		To the extent permitted by the district's technology infrastructure, all district electronic devices shall be monitored for installation of licensed software.
	www.iusd.k12.ca.us /bdpolicy/policies/6162_6a.htm (159 words)

	Defining Computer Program Parts Under Learned Hand's Abstractions Test in Software Copyright Infringement Cases
		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.
		Software copyright cases utilize four major substantial similarity tests: (1) the iterative test; (2) the structure, sequence, and organization (SSO) test; (3) the “look and feel” or “total concept and feel” test; and (4) the successive filtering test.
		Software cases have developed the feel tests primarily in disputes over the similarity of user interfaces;158 because user interfaces are by definition meant to be used and understood by nonprogrammers, this legal context provides little guidance in analyzing internal program components such as ADTs, algorithms, and data structures which are normally seen only by programmers.
	digital-law-online.info /misc/ogilvie.htm (15511 words)

	Dominion Web - Copyright Information
		Website source code remains the the copyright of Dominion Web Design but may be edited by the client for purposes of their own site unless specified differently under contract.
		If you suspect any of our software is being used/distributed illegally or in breach of the software's license agreement, you can report the site by using this form.
		If you believe that your work has been copied and represents a copyright infringement, it is your obligation to notify Dominion Web so that the situation can be promptly addressed and remedied.
	www.dominion-web.com /copyright.php (973 words)

	UCO Software Piracy & Law
		In 1990 Congress approved the Software Rental Amendments Act which prohibits the commercial rental, leasing, or lending of software without the express written permission of the copyright holder.
		It is illegal to purchase a single set of original software to load onto more than one computer or to lend, copy or distribute software for any reason without the prior written consent of the software manufacture.
		In addition, if you purchase or use software that is counterfeit or copied, you not only deny the software developer its rightful revenue, you harm the industry as a whole.
	uco.sdsu.edu /0708.htm (704 words)

	Copyright infringement of software (Site not responding. Last check: 2007-10-09)
		In the US, the ruled that software sales are purchases, not licenses, and resale, including unbundling, is lawful regardless of a contractual prohibition.
		Copyright infringement of software is extremely common in Mexico, China, Russia, Brazil, and several other parts of the world.
		While it is possible that certain "public" things such as strains of crops and medical procedures could be copyrighted in the future it is certainly not probable.
	www.1stcustomsoftware.com /Copyright_infringement_of_software-470.html (1342 words)

	[No title] (Site not responding. Last check: 2007-10-09)
		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.
		Copyright law gives a programmer (or in the case of an employed programmer, that programmer's employer) a high degree of control over the program that he or she creates.
	www.ipr-helpdesk.org /docs/docs.EN/softwareCopyright.html (3487 words)

	COPYRIGHT INFRINGEMENT EXPERT WITNESS NORRIS ASSOCIATES (Site not responding. Last check: 2007-10-09)
		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].
		Software copyright infringement can take numerous forms, not all of them obvious to the non-specialist.
		Adding to the inherent complexity of such cases is the prevalence of software source code that is intentionally distributed freely by its authors for all to use, increasing the likelihood that copied software may actually exist in the public domain, prior to the copying.
	www.rain.org /~norriswb/CopyrightInfringement.html (171 words)

	Software Piracy (Site not responding. Last check: 2007-10-09)
		The BSA was established by the software industry to legally pursue and recover damages for software piracy.
		Unauthorized copying of software is viewed as theft in the eyes of the law.
		It is important that districts begin [or continue] the process of evaluating the status of all software they are using and insuring there is evidence the district has purchased the licenses either in the form of purchase orders or actual license documents.
	www.hbuhsd.k12.ca.us /Bulletins/Bulletin_2000-07-20.htm (243 words)

	CRIMINAL SOFTWARE COPYRIGHT INFRINGEMENT (Site not responding. Last check: 2007-10-09)
		As if this were not enough (and it wasn't enough to discourage widespread illegal copying within many companies), things have now gotten substantially worse for companies who make unauthorized copies of software.
		The criminal section of the Copyright Act has been amended to provide for criminal penalties for illegal copying of computer software.
		Clearly, these amendments to the copyright laws change the stakes for companies that buy one copy of a program and make illegal copies for use by other employees, or look the other way while employees do so.
	www.gesmer.com /publications/softcopy/21.php (143 words)

	Former Journalism Student Pleads Guilty to Software Copyright Infringement (January 30, 2001)
		At that time the Eugene Police Department and the Federal Bureau of Investigation became aware that he was selling copyrighted software on the Internet without the permission of the copyright holder, Adobe Systems Inc. On January 13, 2000, after an undercover investigation confirmed that Mr.
		Pirated software, $4,600.00 in cash, and a substantial amount of computer equipment was seized from his apartment.
		Stockton agreed that his sentence should be enhanced because of the level of planning involved in the copyright infringement.
	www.cybercrime.gov /stocktonplea.htm (382 words)

	Computer software business web design tools asp scripts developer isp list download utilities
		Claims of copyright infringement should include all of the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
		Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site.
		A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
	www.ezgoal.com /house/copyright.asp (488 words)

	Criminal Intellectual Property Laws (Site not responding. Last check: 2007-10-09)
		The defendant willfully infringed a copyright by reproducing and distributing by electronic means copies of parts of the film Star Wars Episode I: The Phantom Menace.
		If convicted, conspiracy to infringe a copyright carries a maximum penalty of five years in prison and a $250,000 fine, or, as an alternative, the Court may impose a fine totaling twice the gross gain to any defendant or twice the gross loss to any victim, whichever is greater.
		Computers are changing the way that copyrighted goods are being illegally copied and distributed, creating new challenges for copyright owners and for law enforcement.
	www.usdoj.gov /criminal/cybercrime/iplaws.htm (1161 words)

	XE.com - Terms of Use
		The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner.
		A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
		A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
	www.xe.com /legal (2022 words)

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