THE LAW IN THE UNITED STATES

Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright are clearly stated in the Copyright Act, Title 17 of the US Code. The Act gives a copyright owner “the exclusive rights” to “reproduce the copyrighted work” and “to distribute copies … of the copyrighted work” (Section 106). It also states that “anyone who violates any of the exclusive rights of the copyright owner … is an infringer of the copyright” (Section 501), and sets forth several penalties for such conduct.

Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except when it is necessary to: (i) copy the software onto a single computer in order to use the software, (ii) make a backup copy “for archival purposes only”, which are specifically provided in the Copyright Act and (iii) copy the software during activation of the computer in order to repair the computer (Section 117). The license accompanying the product may allow additional copies to be made — be sure to review the license carefully.

The unauthorized duplication of software constitutes copyright infringement, regardless of whether it is done for sale, for free distribution, or for the copier’s own use. Moreover, those who copy are liable for the resulting copyright infringement whether or not they knew their conduct violated federal law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying, or statutory damages of up to $150,000 for each work infringed.

The unauthorized duplication of software is also a Federal crime if done “willfully and for purposes of commercial advantage or private financial gain (Title 18 Section 2319(b)).” Criminal penalties include fines of as much as $250,000 and jail terms of up to 5 years.

• Copyright Office http://www.copyright.gov
• Entire text of the law http://law.house.gov/usc.htm

THE LAW IN CANADA

Software is automatically protected by federal copyright law from the date of creation. The rights granted to the owner of a copyright are clearly stated in the Copyright Act, R.S.C 1985, c. C-42. The Act gives the copyright owner the sole right to produce, reproduce or publish the work or any substantial part thereof in any material form whatever, and to rent out the computer program (Section 3). It also states that “copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything that, by this Act, only the owner of the copyright has the right to do” (Section 27(1)), and that a copyright shall be deemed to be infringed by any person who sells or lets for hire, distributes, exhibits in public or imports for sale or hire into Canada any work that infringes copyright (Section 27(4)).

Persons who purchase a copy of software have no right to make additional copies without the permission of the copyright owner, except for the right to make “a single reproduction for backup purposes” and “a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that (i) the reproduction is essential for the compatibility of the computer program with a particular computer, (ii) the reproduction is solely for the person’s own use, and (iii) the reproduction is destroyed forthwith when the person ceases to be the owner of the copy of the computer program (Section 27(2)(l) and (m)).”

Just because it is so easy to make ‘perfect’ copies of software programs does not make it legal to violate the rights of the copyright owner. The unauthorized duplication of software constitutes copyright infringement whether it is done for sale, for free distribution, or for the copier’s own use. Copiers are liable for the resulting copyright infringement whether or not they knew their conduct was illegal. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying (Section 35). In addition, copiers who knowingly infringe copyright may, on conviction on indictment, be fined up to $1,000,000 and imprisoned for a term of up to five years (Section 42).

What is Piracy?

Over the past several years, advances in computer software have brought us time-saving business programs, educational software that teaches basic skills and sophisticated subjects, graphics programs that have revolutionized the design industry, Internet applications that help connect us with other computer users, and an increasingly complex variety of computer games to entertain us. As the software industry grows, everyone stands to benefit.

Compared to literature, music and movies, computer software is a relatively new form of intellectual property. Nevertheless, software is protected under the very same laws that govern music, literature, movies and other copyrighted content. Copying software illegally is not any different than illegally copying any of these forms of intellectual property — and the punishments for doing so are equally harsh.

All software comes with a license agreement that specifically states the terms and conditions under which the software may be legally used. Licenses vary from program to program and may authorize as few as one computer or individual to use the software or as many as several hundred network users to share the application across the system. It is important to read and understand the license accompanying the application to ensure that you have enough legal copies of the software for your organization’s needs. Making additional copies, or loading the software onto more than one machine, may violate copyright law and be considered piracy.

Unfortunately, there are many people who, either ignorantly or deliberately, engage in software piracy. Whenever you use a piece of software that is unlicensed, you are depriving software companies of their earnings. More importantly, you are depriving the creative teams who have developed the software (e.g., programmers, writers, graphic artists) of compensation for the thousands of hours they have spent working on a particular program.

In a very real sense, software piracy adversely affects the world economy by diverting money that stimulates further product development. Piracy particularly affects the United States, which currently provides approximately 80 percent of the world’s software.

WHEN A FEW PEOPLE STEAL SOFTWARE, EVERYONE LOSES

Along the way, however, the problem of software theft has developed. It threatens to impede the development of new software products. Romantically called “piracy,” the unauthorized duplication of software is a Federal offense that affects everyone — large and small software publishers and legitimate users alike. Even the users of unlawful copies suffer from their own illegal actions: they receive no documentation, no customer support and no information about product updates.
Software creates unique problems for copyright owners because it is so easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. Although software is a relatively new medium of intellectual property, its protection is grounded in the long-established copyright rules that govern other more familiar media, such as records, books, and films.

The law applies equally to a $50 game and a $750 project management program. Each product reflects a substantial investment of time and money by many individuals. Software development involves a team effort that blends the creative talents of writers, programmers and graphic artists. Piracy diminishes the value of a program and deprives the developers of fair compensation. Software piracy inhibits innovation. The software industry is filled with new developers trying to break into a crowded market. They can survive only if their products are purchased. Each theft makes staying in business more difficult for these small and innovative firms.

USE OF SOFTWARE

Anyone who purchases a license for a copy of software in the United States has the right to load it onto a single computer, to make another copy “for archival purposes only,” and to make a copy while repairing the computer. In Canada, the purchaser of a licensed piece of software has the right to load it onto a single computer and to make another copy “for backup purposes.” It is illegal to load that software onto more than one computer or to make copies of that software for any other purpose unless specific permission has been obtained from the copyright owner or otherwise permitted in the license accompanying the software program.

INTERNET POLICY

The exponential growth of the Internet, with its online auction sites, peer-to-peer networks, news groups and other on-line methods of digital content delivery, coupled with the explosion of broadband connectivity has created new concerns for copyright holders. The ability to download copyrighted software at the click of a mouse has become a significant distribution mechanism, as well as a significant problem for the software industry.

Individuals and organizations selling or giving away software on the Internet through auction sites, peer-to-peer networks, websites and other online venues can be held liable, both civilly and criminally, for infringing the copyrights of software publishers. It may bring rise to a copyright infringement lawsuit, including seizure of the equipment. SIIA, in addition to federal authorities such as the FBI and US Customs have investigated numerous reports of Internet software piracy.

Because of the rapid proliferation of content on the Internet, it has become increasingly complicated for system operators and forum moderators to closely monitor their systems for illegal content thus increasing the risk of exposure to viruses, corrupt files, and now even civil as well as criminal litigation. It has become the responsibility of the copyright holders to monitor the Internet for infractions and take the necessary measures to deal with it. SIIA monitors every avenue within the Internet on behalf of its members. If you come across something that you feel may be illegal, please report it.

REPORTING COPYRIGHT VIOLATIONS

SIIA has initiated thousands of actions against individuals and companies engaged in the unauthorized duplication of software and will continue to do so when it becomes aware of situations that warrant such action. If you suspect that piracy is taking place in your business or school, you may contact SIIA in any of these three ways:

• A special toll free number for reports of copyright violations:+1.800.388.7478.
• E-mail to piracy@siia.net
• Online Piracy Intake Report http://www.siia.net/piracy/report.asp.

SIIA has a long standing policy of keeping the identity of their sources anonymous (unless required by law to disclose the identity). Under certain circumstances, SIIA also offers up to $50,000 to sources for their reports of corporate piracy.

The above material is from various SIIA publications. www.siia.net
Copyright ©2006, The Software Information Industry Association.

~MALWARETEKS POLICY~

If the above material and other statements made by the founders of this site does not make our position clear. I will clarify it now.

Software ‘Piracy’ is STEALING, it is THEFT; plain and simple.

MalwareTeks, it’s founders and staff, DO NOT condone the act of Software ‘Piracy’. The posting of Software Keys, Product Keys, Serials, Keygens, and cracks will not be tolerated. Information leading to a site or links to sites that provide this information or Warez, is not permitted. The post will be locked, the IP of the poster recorded; and the information will be forwarded to the posters ISP and applicable authorities.

PAY ATTENTION, violation of the above will result in a permanent ban of the poster.

Infected systems running illegal copies of Windows:

Get a valid license for your Operating System. There are many reasons why a system could have an illegal copy of Windows installed. Custom built system bought from a less than reputable source, System bought from a manufacturer, suffered a ‘melt down’, and the installation media was not shipped with the system; reinstalled with a ‘downloaded’ version using the illegal key; and so on and so forth.

An infected system can be used as a launching point for attacks on other systems and networks. For this reason, and this reason only, MalwareTeks will assist in the removal of the infection. The members of our staff and those authorized to assist in the removal of Malware come from various backgrounds. It is their decision on whether they help or not. If any of the Staff or ‘Malware Technicians’ decide that you are not to receive help, the decision is final. DO NOT Private Message the Founders of this site, any Administrator, or Moderator; the PM will not be answered.

Should you receive assistance in removing the infection, you will receive no further assistance after the infection has been removed. It is your responsibility to obtain a valid license for your Operating System. Systems without valid licenses can not be fully patched, and will become infected again.

Bottom line, use only properly licensed copies of Windows and keep your system updated.