Software Ethics
Using
Software: A Guide to the Ethical and Legal Use of Software for Members of Weber
State University
Software enables us to accomplish
many different tasks with computers. Unfortunately, in order to get their work
done quickly and conveniently, some people justify making and using
unauthorized copies of software. They may not understand the implications of
their actions or the restrictions of the U.S. copyright law.
Here are some relevant facts:
- Unauthorized copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors.
- Unauthorized copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur a legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community.
- Unauthorized copying of software can deprive developers of a fair return for their work, increase prices, reduce the level of future support and enhancement, and inhibit the development of new software products.
Software
and Intellectual Rights
Respect for intellectual labor and
creativity is vital to academic discourse and enterprise. This principle
applies to works of all authors and publishers in all media. It encompasses
respect for the right to acknowledgment, right to privacy, and right to
determine the form, manner, and terms of publication and distribution.
Because electronic information is
volatile and easily reproduced, respect for the work and personal expression of
others is especially critical in computer environments. WSU does not condone
the unauthorized copying of software, including programs, applications,
databases text bases, and code. Violations of authorial integrity,
including plagiarism, invasion of privacy, unauthorized access, and trade
secret and copyright violations, may be grounds for sanctions or legal actions
against members of the WSU community.
Questions You May Have About Using
Software
A. What do I need to know about
software and the U.S. Copyright Act?
Unless it has been placed in the public domain, software is
protected by copyright law. The owner of a copyright holds exclusive right to
the reproduction and distribution of his or her work. Therefore, it is illegal
to duplicate or distribute software or its documentation without the permission
of the copyright owner. If you have purchased your copy, however, you may make
a back-up for your own use in case the original is destroyed or fails to work.
B. What is WSU's work at home
policy.
WSU has several software packages that when you purchase a
license you are allowed to install the software on your campus workstation and
either your home machine or laptop.
C. Can I loan software I have
purchased myself?
If your software came with a clearly visible license
agreement, or if you signed a registration card, read the license carefully
before you use the software. Some licenses may restrict use to a specific
computer. Copyright law does not permit you to run your software on two or more
computers simultaneously unless the license agreement specifically allows it.
It may, however, be legal to loan your software to a friend temporarily as long
as you do not keep a copy.
D. If software is not
copy-protected, do I have the right to copy it?
Lack of copy-protection does not constitute permission to
copy software in order to share or sell it. "Non-copy-protected"
software enables you to protect your investment by making a back-up copy. In
offering non-copy-protected software to you, the developer or publisher has
demonstrated significant trust in your integrity.
E. May I copy software that is
available through facilities on my campus, so that I can use it more
conveniently in my own home?
Software acquired by WSU is licensed. The licenses
restrict how and where the software may be legally used by members of the
University. This applies to software installed on hard disks in microcomputer
clusters, software distributed on disks by a campus lending library, and
software available on a campus mainframe or network. Some institutional
licenses permit copying for certain purposes. Consult your campus authorities
if you are unsure about the use of a particular software product.
F. Isn't it legally "fair
use" to copy software if the purpose in sharing it is purely educational?
No. It is illegal for a faculty member or student to
copy software for distribution among the members of a class, without permission
of the author or publisher.
G. When software is installed on a
hard disk, may the diskette version continue to remain in use?
No, unless explicitly authorized to
do so by the author or publisher of the product. Under the Copyright Act, only
the owner of the software may use the original diskette version and the
electronic copy on the hard disk.
H. If I put a program on a computer
participating in a network, may others on the network use it as well?
Most software licenses do not allow
this unless you have a version specifically for use on networks. It is best to
check the license agreement. If there is no explicit prohibition by the author
or publisher of the product, then under the Copyright Act, persons using your
computer through the network may do so as long as they are able to use your
program without first having to make or "download" an electronic copy
of the Program.
I. When I upgrade my software to a
new version, may I sell the old version?
Usually, reduced-cost upgrades are
provided on condition that you destroy the old copy or at least save it for
yourself. Full-price replacements bear no such caveats and resale is a way of
recovering part of the costs.
I. May I sell software that I no longer
need or use?
You may certainly give away or sell
software that you no longer use, provided that there is no contrary provision
in the license agreement and provided that you do not keep a copy for yourself.
If the license on your software permits or if no license was received at the
time of your original purchase of the software, you may sell the software. In
both cases, you are transferring the permission, or "license", to use
the software.
K. May I copy demo programs and
sample diskettes?
No, unless explicitly encouraged or
allowed by the publisher.
Alternatives
to Explore
Software can be expensive. You may
think that you cannot afford to purchase certain programs that you need. But
there are legal alternatives to unauthorized copying.
Site
Licensed and Bulk-Purchased Software
WSU has negotiated with Software
House International for Faculty and Staff to purchase software at a reduced
price. Software available through institutional site licenses or bulk
purchases is subject to copyright and license restrictions, and you may not
make or distribute copies without authorization.
Shareware
Shareware, or
"user-supported" software, is copyrighted software that the developer
encourages you to copy and distribute to others. This permission is explicitly
stated in the documentation or displayed on the computer screen. The developer
of shareware generally asks for a small donation or registration fee if you
like the software and plan to use it. By registering, you may receive further
documentation, updates and enhancements. You are also supporting future
software development.
Public
Domain Software
Sometimes authors dedicate their
software to the public domain, which means that the software is not subject to
any copyright restrictions. It can be copied and shared freely.
Software without copyright notice is
often, but not necessarily, in the public domain. Before you copy or distribute
software that is not explicitly in the public domain, check with your campus
computing office.
A
Final Note
Restrictions on the use of software
are far from uniform. You should check carefully each piece of software and the
accompanying documentation yourself. In general, you do not have the right to:
- Receive and use unauthorized copies of software, or
- Make unauthorized copies of software for others.
If you have questions not answered
by this site about the proper use and distribution of a software product, seek
help form WSU Computing Support at extension 7777. from the software developer,
or publisher.
Source: Using Software: A
Guide to the Ethical and Legal Use of Software for Members of the Academic
Community issued by EDUCOM and ADAPSO
Note: Copyright 1987 EDUCOM AND
ADAPSO, with permission in brochure to use in whole or in part, providing the
source is acknowledged.
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