Class 45: Software Piracy

Held Monday, April 24, 2000

Overview

Today we consider issues of software piracy.

Question 45 for discussion today: When, if ever, is software piracy appropriate?

Question 46 for discussion Tuesday: Where do you stand on the continuum from total privacy to total efficiency? Do you think that either privacy or efficiency is more important, or that a balance can be achieved between the two? How do computers affect the balance between individual rights and organizational responsibilities? Are privacy and protection issues complementary or at odds?

Notes

• For tomorrow, read Chapter 6 of Forester and Morrison. Cathy will lead tomorrow's class
• I forgot to bring F&M with me this weekend, so I'll sheepishly admit to not having read it recently.

Contents

• Tentative Schedule
• Kevin's Notes
  • Legal Background for Software Piracy
  • Discussion of Implications of Software Theft/Copying

Summary

Tentative Schedule

Kevin's Notes

Today's class will be two-fold: Kevin will begin with an introduction to the law behind software theft, and then hold a class discussion about some of the questions below.

It would be nice if someone would volunteer to record the discussion, but it's not really necessary.

Legal Background for Software Piracy

See http://www.siia.net/piracy/default.htm for the Software Publishers Association's page on software piracy and for a more in-depth discussion.

See http://www.siia.net/piracy/programs/usc.htm for Kevin's primary source, the Software Publishers Association page on the US Code. The SPA does have the right to initiate proceedings.

Copying of software for any reasons other than back-up is an infringement of the software creator's exclusive right to distribute and copy the program.

• Microsoft stole the Windows ``feel'' from Apple, who stole it from Xerox. Neither Apple nor Xerox has been able to receive any form of compensation for their losses of profit. What does this say about how the law is interpreted?

• Lotus used some of the basic design structures set forth in its 1-2-3 software from the Software Arts Products Corporation, but SAPC lost their suit against Lotus. Lotus alleged that Paperback, Mosaic, and Borland all used the ``look and feel'' of 1-2-3 in their respective programs. Lotus won their suit. If the law is interpreted so inconsistently, is it really working?

Illegally copying software on an individual, sharing-with-a-friend basis can result in the author of the software getting damages and any profits back from the infringer, or statutory damages of between $500 and $20,000. The individual accused may also be put in jail for up to 3 years if he/she is a first-time offender.

``Software Piracy,'' or illegally copying software for personal financial gain or commercial advantage, can result in fines of up to $250,000 or a five year stint in the ``big house,'' but only if the software is copied at least ten times and is worth at least $2500.

Discussion of Implications of Software Theft/Copying

Is copying software morally acceptable even though it's not legally acceptable?

Can we protect against the copying of software, or will the criminals always be ahead of the technology?

Should we make the software copyright laws stronger, and if so, how would we do that?

Because of the ease of copying of software, should we just forget trying to curtail it and just make all software open-source? (The Richard Stallman Technique)

Does software piracy really stifle the creativity of the software market, as Forester and Morrison claim, or is that just blowing the problem out of proportion?

Is copying of programs actually helpful insofar as this copying permits more budding programmers the opportunity to get ideas on how these programs could be improved?

I don't really expect to get to those questions, but I think it's important that they are at least there for the members of the class to consider on their own.