What is software piracy?

Answer == The copyright infringement of software refers to several practices when done without the permission of the copyright holder: * Creating a copy and or selling it. This is the act most people refer to as software piracy. This is copyright infringement in most countries and is unlikely to be fair use or fair dealing if the work remains commercially available.In some countries the laws may allow the selling of a version modified for use by blind people, students (for non-educational product) or similar.

Differences in legislation may also make the copyright void in some jurisdictions, but not the others. * Creating a copy and giving it to someone else. This constitutes copyright infringement in most jurisdictions.

It is not infringing under specific circumstances such as fair use and fair dealing. In some countries, such as Israel, creating a copy is completely legal, as long as it was done from non-profit intentions. * Creating a copy to serve as a backup.

This is seen as a fundamental right of the software-buyer in some countries, e.g. , Germany, Spain, Brazil and Philippines.It can be infringement, depending on the laws and the case law interpretations of those laws, currently undergoing changes in many countries. In the US, legal action was taken against companies which made backup copies while repairing computers (see MAI Systems Corp. V.

Peak Computer, Inc. (1993)) and as a result, US law was changed to make it clear that this is not copyright infringement. * Renting the original software.

Software licenses often try to restrict the usual right of a purchaser of a copyrighted work to let others borrow the work. In some jurisdictions the validity of such restrictions are disputed, but some require permission from the copyright holder to allow renting the software. * Reselling the original software.

Licenses often say that the buyer does not buy the software but instead pays for the right to use the software. In the US, the first-sale doctrine, Softman v. Adobe 1 and Novell, Inc.V.

CPU Distrib. , Inc. Ruled that software sales are purchases, not licenses, and resale, including unbundling, is lawful regardless of a contractual prohibition.

The reasoning in Softman v. Adobe suggests that resale of student licensed versions, provided they are accurately described as such, is also not infringing. * Bulletin Board Sharing/Internet Piracy- Albacea et al (2005) states that this infringement occurs when System Operators shares (electronic transfer) copyrighted materials on bulletin boards or the internet for users to download.

Copyright infringement of software is extremely common in Mexico, China, Indonesia, Russia, Brazil, United States, Zimbabwe, and several other parts of the world where it operates without restraint. However it is illegal and enforced in most western countries. Most countries have laws regarding copyright infringement of software but are poorly enforced Answer-- == Software piracy, otherwise known as copyright infringement, is one of several forbidden actions that may be taken by the end user of a particular piece of software.

Virtually all software programs today carry an end user license agreement, or EULA. Upon installing the software, the end user must agree to the EULA, or click-through-license, before the software will install. The EULA lays out conditions under which the software may and may not be used in keeping with copyright protections.

Software piracy involves breaking the EULA agreement on one or more conditions Some common examples of software piracy are: Making counterfeit copies for sale: While software piracy laws differ from nation to nation, this particular infringement is illegal in most countries. Obscure exceptions might exist for uncommon circumstances in certain countries, such as modification of a program for benefit of the disabled, but in general, duplicating software for the purpose of selling it is the classic definition of software piracy Making counterfeit copies to give away: Though the United States recognizes "fair use" protection, which can allow protected work to be shared in a restricted manner as an allowable infringement, software piracy goes beyond "fair use. " A less interpretive counterpart to fair use is "fair dealing," recognized by nations like Australia, New Zealand, Singapore, Canada and the United Kingdom.

These laws attempt to protect the rights of the end user and the good of society, counterbalanced by the rights of the copyright holder. A protected work that is shared with a neighbor might be considered fair use in some jurisdictions, but lines can be somewhat vague and varied as to exactly where protections end and software piracy begins. Generally speaking, anything that extends beyond personal use is commonly forbidden by the EULA and can bring legal questions into play Hard-disk loading: Another form of software piracy is selling a computer system with illegal software already installed.

Generally, the buyer does not receive manuals, license agreements, or even the CDs or diskettes containing the original program Internet sharing: Software that is neither freeware nor shareware cannot be legally disseminated online. However, many software programs are readily available over P2P (peer to peer) networks, via binary newsgroups or in chat rooms. This type of software piracy is referred to as warez and has commonly been cracked to make it usable by anyone without restrictive copyright securities in place Renting software: While libraries and educational institutions can purchase special licenses to rent some types of software, renting software in general is illegal and a form of software piracy Unrestricted client access: Installing software on a server without a network license and allowing clients to access that software is considered software piracy OEM/Unbundling: Selling OEM (original equipment manufacturer) software separate from the hardware it comes bundled with is another form of software piracy Using personal software for commercial purposes: Many software programs are free for personal use, but require a license for commercial use Using shareware beyond the trial period without paying for it: According to most shareware EULAs, a user must either pay for shareware or uninstall it after the trial period to avoid software piracy Tampering with the copyright of any software, including freeware: Even freeware can be the subject of software piracy, when the copyright is illegally changed or the program is illegally modified then redistributed.

The redistributed product does not require an original price tag to qualify as pirated software Arguably, the most controversial form of software piracy relates to what many people consider simple 'personal use' -- buying a software program, then installing it on more than one personal machine. Some software licenses prohibit this, a restriction that many consumers see as corporate greed, especially where 'non-optional' programs such as operating systems are concerned. In many cases this has aligned otherwise law-abiding citizens with hackers and crackers when they seek ways around the specific copyright security provisions that they see as unfairly restrictive Software piracy is reportedly costing the software industry an estimated US$10-$12 billion annually, with most of the piracy taking place outside the United States.

About $6 billion is attributed to Asian losses, while another $3 billion falls to Western Europe. The United States accounts for about $2 billion annually, the least of any country. Software piracy in the United States is estimated to be about 25%, or one of every four commercial programs To avoid software piracy, read the license agreement of every software program carefully.

Public domain software is the only type of software that can be modified, changed, redistributed or used without restrictions.

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