Software piracy is violating the End User License Agreement (EULA) by duplicating software for sale, gifting, loading hard drives, internet sharing, software rental, unlimited client access, OEM/unbundling, commercial use of personal software, shareware beyond trial period, and copyright tampering. Personal use piracy is controversial.
Software piracy, otherwise known as copyright infringement, is one of several prohibited actions that can be taken by the end user of a particular piece of software. Virtually all software programs today come with an End User License Agreement or EULA. When installing the software, the end user must accept the EULA, or click-through license, before the software is installed. The EULA sets out the conditions under which the software can and cannot be used in accordance with copyright protections. Piracy involves violating the EULA under one or more conditions.
Some common examples of this act are:
Making counterfeit copies for sale: While piracy laws differ from country to country, this particular violation is illegal in most countries. Obscure exceptions might exist for circumstances not common in some countries, such as modifying a program for the benefit of the disabled, but in general, duplicating software for the purpose of selling it is the classic definition of this act.
Making Counterfeit Copies as Gifts: While the United States recognizes the protection of “fair use,” which may allow sharing of protected work in a limited manner as a permissible infringement, software piracy goes beyond “fair use.” A less interpretive counterpart to fair use is “fair dealing”, recognized by countries such as Australia, New Zealand, Singapore, Canada and the United Kingdom. These laws seek to protect the rights of the end user and the good of society, balanced by the rights of the copyright holder. A protected work shared with a neighbor might be considered fair use in some jurisdictions, but the lines can be somewhat vague and varied as to exactly where protections end and piracy begins. In general, anything beyond personal use is commonly prohibited by the EULA and can bring legal issues into play.
Loading the Hard Drive: Another form of hacking is the sale of a computer system with illegal software already installed. Typically, the purchaser 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 distributed online. However, many software programs are readily available on P2P (peer to peer) networks, via binary newsgroups, or in chat rooms. This is referred to as warez and has commonly been hacked to make it usable by anyone without restrictive copyright guarantees in place.
Software Rental: While libraries and educational institutions may purchase special licenses to rent certain types of software, software rental in general is illegal and constitutes a form of software piracy.
Unlimited Client Access: Installing software on a server without a network license and allowing clients to access that software.
OEM/Unbundling: Selling OEM (original equipment manufacturer) software separate from the hardware it is bundled with is another form of software piracy.
Use of personal software for commercial purposes: Many software programs are free for personal use, but require a license for commercial use.
Use of 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.
Copyright tampering with any software, including freeware: Freeware can also be hacked, when the copyright is illegally modified or the program is illegally modified and 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 involves what many people consider simple “personal use”: buying a software program and installing it on more than one personal machine. Some software licenses prohibit this, a restriction many consumers see as corporate greed, especially when it comes to “non-optional” programs like operating systems. In many cases this has aligned otherwise law-abiding citizens with hackers and crackers when they look for ways to circumvent specific copyright security provisions they consider unfairly restrictive.
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