Software and intellectual rights -software copyright The Educom Code:
As a guide to the ethical and legal use of software for members of the academic community, it is a brochure produced as a service to the academic community by the Educational Uses of Information Technology Program (EUIT) of EDUCOM, and the Information Technology Association of America (ITAA). EDUCOM is a non-profit consortium of colleges and universities committed to the use and management of information technology in higher education. ITTA is an industry association for companies that create and market product services associated with computers, communication, and data.
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| Software and intellectual rights -software copyright |
Software and intellectual rights -software copyright Relevant facts of the Code:
UNAUTHORIZED copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protect inventors.
UNAUTHORIZED copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on campus, the institution may incur legal liability. Also, the institution may find it more difficult to negotiate agreements that would make the software more widely and less expensively available to members of the academic community.
UNAUTHORIZED copying and use of software deprives publishers and developers of a fair return for their work, increases prices, reduces the level of future support and enhancement, and can inhibit the development of new software products.
RESPECT for the intellectual of others has traditionally been essential to the mission of colleges and universities. As members of the academic community, we value the free exchange of ideas, just as we do not tolerate plagiarism; we do not condone the unauthorized copying of software, including programs, applications, databases, and code.
Software and intellectual rights:
Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applied to the work 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 plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violation, may be grounds for sanctions against members of the academic community.
Software and intellectual rights -software copyright Classification of software:
In terms of copyright, there are four broad classifications of software:
1. Commercial
2. Shareware
3. Freeware
4. Public Domain
The restriction and limitations regarding each classification are different
Commercial
Commercial software represents the majority of software purchased from software publishers, commercial computer stores, etc. When you by software, you are actually acquiring a license to use it, not own it. You acquire the license from the company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. In general commercial software, license stipulates that
The software is covered by copyright,
Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
Modification to the software are not allowed,
Software and intellectual rights -software copyright Decompiling (I.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and
The development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder.
Software and intellectual rights -software copyright Shareware
Shareware software is covered by copyright, as well. When you acquire software under a shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire the license from the individual or company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should read carefully. The copyright holders for shareware allow purchasers to make and distribute copies of the software, but demand that if, after testing the software, you adopt to use for it. In general, shareware software licenses stipulate that
The software is covered by copyright,
Although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
Modification to the software are not allowed,
Software and intellectual rights -software copyrightDecompiling (I.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and
The development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder.
Selling software as shareware is a marketing decision; it does not change the legal requirements with respect to copyright. It means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use.
Freeware
Freeware also is covered by copyright and subject to the conditions defined by the holder of the copyright. The conditions for freeware are in direct opposition to normal copyright restrictions. In general, freeware software license stipulated that
The software is covered by copyright,
Copies of the software can be made for both archival and distribution purposes but that distribution cannot for profit,
Modification to the software is allowed and encouraged,
Software and intellectual rights -software copyright Decompiling (I.e. reverse engineering) of the program code is allowed without the explicit permission of the copyright holder, and
The development of new works built upon the package (derivative works) is allowed and encouraged with the condition that derivative works also be designated as freeware. That means that you cannot take freeware, modify or extend it, and then sell it as commercial and shareware software.
Software and intellectual rights -software copyright Public Domain:
Public domain software comes into being when the original copyright holder explicitly relinquishes all right to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be public domain it must be clearly marked as such. Before March 1, 1989, it was assumed that intellectual works were not covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention, this presumption has been reversed. Now all works assume copyright protection unless the public domain notification is stated. This means that for public domain software
Copyright has been relinquished,
Software copies can be made for both archival and distribution purposes with no restrictions as to distribution,
Software and intellectual rights -software copyright Modification to the software are allowed:
Software and intellectual rights -software copyright Decompiling (I.e. reverse engineering) of the program code is allowed, and
The development of new works built upon the package (derivative works) is allowed without the conditions on the distribution or use of the derivative works.
Copyright December1994 by the University of Chicago, Academic Information Technologies