Copyright infringement of software

The copyright infringement of software, also called software piracy, refers to several practices when done without the permission of the copyright holder:

Related Topics:
Copyright infringement - Software

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• Creating a copy and selling it. This is the act most people refer to as software piracy. This is copyright infringement in most countries and is unlikely to be fair use or fair dealing if the work remains commercially available. In some countries the laws may allow the selling of a version modified for use by blind people, students (for non-educational product) or similar. Differences in legislation may also make the copyright invalid in some jurisdictions, but not the others.
• Creating a copy and giving it to someone else. Copyright infringement in most jurisdictions. Not infringing under specific circumstances such as fair use and fair dealing.
• Creating a copy to serve as a backup. Seen as a fundamental right of the software-buyer in some countries, e.g., Germany. It can be infringement, depending on the laws and the case law interpretations of those laws, currently undergoing changes in many countries. In the US, legal action was taken against companies which made backup copies while repairing computers (see MAI Systems Corp. v. Peak Computer, Inc. (1993)) and as a result, US law was changed to make it clear that this is not copyright infringement.
• Renting the original software. Software licenses often try to restrict the usual right of a purchaser of a copyrighted work to let others borrow the work. In some jurisdictions such the validity restrictions are disputed, but some require permission from the copyright holder to allow renting the software.
• Reselling the original software. Licenses often say that the buyer does not buy the software but instead pays for the right to use the software. In the US, the first-sale doctrine, Softman v. Adobe http://www.linuxjournal.com/modules.php?op=modload&name=NS-articles/briefs&file=softman-v-adobe and Novell, Inc. v. CPU Distrib., Inc. ruled that software sales are purchases, not licenses, and resale, including unbundling, is lawful regardless of a contractual prohibition. The reasoning in Softman v. Adobe suggests that resale of student licensed versions, provided they are accurately described as such, is also not infringing.

Copyright infringement of software is extremely common in Mexico, China, Russia, Brazil, and several other parts of the world where it is legal. However it is illegal in mostly English-speaking nations.

Related Topics:
Mexico - China - Russia - Brazil - English-speaking

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