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One of the things that becomes
apparent quickly when you adapt to using the Internet is that it appears to
be like a large software and graphics bazaar. On some sites that you happen
upon, you're likely to find a button enticing you to download software or
electronic goods. However, you don't always come in contact with the
merchant. It's enticing to download the software and never pay for it.
Depending on the type of software, or graphic that you download this may
lead you to break the law.
Software is classified
into 4 categories:
Shareware
- Shareware software is covered by copyright, as well. When you acquire
software under a shareware arrangement, you are actually acquiring a
license to use it, not own it. You acquire the license from the individual
or company that owns the copyright. The conditions and restrictions of the
license agreement vary from program to program and should be read
carefully. The copyright holders for shareware allow purchasers to make
and distribute copies of the software, but demand that if, after testing
the software, you adopt it for use, you must pay for it. In general,
shareware software licenses stipulate that (1) the software is covered by
copyright, (2) although one archival copy of the software can be made, the
backup copy cannot be used except when the original package fails or is
destroyed, (3) modifications to the software are not allowed, (4)
decompiling (i.e., reverse engineering) of the program code is not allowed
without the permission of the copyright holder, and (5) development of new
works built upon the package (derivative works) is not allowed without the
permission of the copyright holder. Selling software as shareware is a
marketing decision; it does not change the legal requirements with respect
to copyright. That means that you can make a single archival copy, but you
are obliged to pay for all copies adopted for use.
Commercial
- Commercial software represents the majority of software purchased from
software publishers, commercial computer stores, etc. When you buy
software, you are actually acquiring a license to use it, not own it. You
acquire the license from the company that owns the copyright. The
conditions and restrictions of the license agreement vary from program to
program and should be read carefully. In general, commercial software
licenses stipulate that (1) the software is covered by copyright, (2)
although on archival copy of the software can be made, the backup copy
cannot be used except when the original package fails or is destroyed, (3)
modifications to the software are not allowed, (4) decompiling (i.e.,
reverse engineering) of the program code is not allowed without permission
of the copyright holder, and (5) development of new works built upon the
package (derivative works) is not allowed without the permission of the
copyright holder.
Public domain
- Public domain software comes into being when the original copyright
holder explicitly relinquishes all rights to the software. Since under
current copyright law, all copyrighted works (including software) are
protected as soon as they are committed to a medium, for something to be
public domain it must be clearly marked as such. Before March 1, 1989, it
was assumed that intellectual works were NOT covered by copyright unless
the copyright symbol and declaration appeared on the work. With the U.S.
and Canadian adherence to the Berne Convention this presumption has been
reversed. Now all works assume copyright protection unless the public
domain notification is stated. This means that for public domain software
(1) copyright rights have been relinquished, (2) software copies can be
made for both archival and distribution purposes with no restrictions as
to distribution, (3) modifications to the software are allowed, (4)
decompiling (i.e., reverse engineering) or the program code is allowed,
and (5) development of new works built upon the package (derivative works)
is allowed without conditions on the distribution or use of the derivative
work.
You should always make it a
point of keeping, reading and understanding the software license agreement
for any software that you install and run on your computer. As it is with
the rules of the road in your car, it is your responsibility to comply with
the law. Ignorance of the law is not an excuse. Here are some examples of
ways that people install and run software illegally:
a friend giving you
software to try
making a 'backup' of your
office software for your home computer
downloading it from
somewhere on the net
buying one copy, but using
it on multiple workstations
According to the Business
Software Alliance, an estimated 38 percent of all software programs used
in 1998 worldwide were pirated, at a market value of $11 billion. In the
U.S., software piracy is responsible for the loss of 109,000 American
jobs. These numbers are reducing slightly over previous years, but the
impact is tremendous.
Copyright
Going hand-in-hand with
downloading software, is the copyright law. Software, defined as an
intellectual property, is protected by United States Copyright law.
Copyright law with digital media faces many challenges as the Internet
becomes a prevalent communication vehicle. Some of our young people question
the validity of copyrighting "ones and zeroes", referring to the
binary storage structure used by computers. But simply copyrighting a
collection of "ones and zeroes" doesn't compel the creator to copyright
their work anymore than an author might copyright a collection of disjoint
words and call it a book. However when the creator crafts a program, sound
or a graphic that has value to them, and presumably others, they have the
right to copyright their work. Often times, though, the law and the ethics
and values of the person using the work are the only things keeping the
digital work from being stolen.
It is easy to clone a copy of an
online book without the authors permission and compensation. On the surface,
it seems like no harm was done. In a tangible media, replicating a book for
example, it requires a lot of effort and resources to accomplish, making it
less attractive for the casual consumer.
E-Commerce
It was recently written in
Wired Magazine "all commerce is E-commerce, so get used to it". This
speaks of the rapid growth of purchasing and doing business via the
Internet. It has been around for several years. The companies that adapted
easily were those already doing business via mail-order, like L.L. Bean,
Dell Computer and JC Penney's. Some of the relative newcomers who now do
enormous volumes, proving that e-commerce is here to stay, are Amazon.com
and e-toys.com. You'll find that nearly all Internet portals (large web
sites offering a smorgasbord of links, like
www.yahoo.com) now have a "Shopping" button. Today nearly
everything, including food, clothing, cars, travel and entertainment is
available to be purchased via the Internet. In fact, some companies are
trading exclusively on the Internet. Try buying a new Volkswagen Beetle
without a web browser!
A few caveats as you begin using
the Internet for shopping. Make sure the site has a confidential data
(privacy) policy that you feel comfortable with, make sure that the company
will stand by their products and support. Oh, and there's the fear that
e-commerce will turn us into couch potatoes, but it can have the opposite
effect. We can redirect the time we would've spent driving, parking,
browsing and buying into time we spend with our families.
Additional Resources
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