Software piracy and copyright infringement

 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

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
“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?”

 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.

 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:
Make
Copies
Distribute
Copies
Make
derivative
works
Perform
Publicly
Display
Work
 Case: Copyright
infringement ruling
disappoints marks
- The Observer;
Paul Henry

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.

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.”

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.

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.

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.

Questions to be asked:
How and where does an educational institution acquire its
software from?
Do they violate the end-user policy on the software by installing
it on multiple machines?
If educational institutions do engage in software piracy and
copyright, would they face the same charges as others who
commit such crimes?

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.

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.

Site License User License MIT License
Client Access
License
(CAL)
Compulsory
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.

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.

 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.

Open
Source
Freeware Commercial
Shareware
Public
Domain
General
Public
License

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.

 Developed 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.

 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.

 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).

 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.

 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.

 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.

 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.

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)

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…”

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)

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