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Ahoy matey! Are you a (software) pirate?

You may be a pirate and not even know it. A software (computer program) pirate that is.

This is because so many business people subscribe to the ignorance is bliss theory about which software is, and is not, legally installed on their computers.

Disclaimer: I am NOT an attorney and no, I haven't even played one on television. The information in this article is my understanding as a computer professional – not as a legal expert of any kind. So, to understand the legal details of how you can use your software, you'll need to read your licensing agreements (and maybe even consult a legal professional to decipher the legalese).

Who owns the words in that Harry Potter book?

You see, you typically don't really "own" the actual software. What you've really bought is a license to use the software. Oh, maybe you own the actual, physical CDs that the software came on, but the software that's been recorded on the CD or that you've downloaded from the web is the intellectual property of somebody else, and they're just allowing you to use it in certain ways (i.e. they're leasing it to you).

Compare it to a book. If you buy the latest Harry Potter book, you can pretty much do whatever you want to it. For instance, once you've paid for it nobody is going to care if you spill coffee on the cover or tear a page. If you loan it to a friend to read, that's OK too.

However, if you start making copies of it and handing them out to friends (or worse yet start selling them) and J. K. Rowling or the publisher finds out about it, you'll likely be headed to jail (or at the least paying a hefty fine). And that's probably not a surprise to anybody – it's common knowledge that you aren't supposed to do that.

Ease of making copies doesn't equate to legal or right

The same principle applies to software. The CD (or file you downloaded) may be yours, but what it contains - the programs, data, etc. - still belongs to whoever created it (just like J. K. Rowling is still the owner of the story in that Harry Potter book you bought).

There are a couple of things that lull folks into thinking that it's not the same principle however. One is the fact that it's just so easy to copy software. Just "burn" a copy of a CD and hand it to somebody else. Or even less blatantly, use the same CD to install the same software onto different computers. (On the other hand, it's a whole lot more difficult and expensive to make a copy of an entire book.)

Obfuscating things further is the fact that intellectual property is less obvious with software (a bunch of mysterious, mostly out-of-sight files on a CD instead of obvious text on the pages of a book).

What if you're the only one who uses it?

Ah, the slippery slope. The thinking here is that it's probably OK to install the same software on multiple computers if you'll be the only person who will ever use it. The classic example is installing the same software on both a desktop computer at the office and a laptop when traveling or at home. That's OK isn't it?

Well, the answer is, it depends. It depends on the licensing agreement for that software. Some let you use a second copy on a laptop, provided nobody else uses the desktop copy at the same time. Then again, some don't, because it's so easy to "forget" this aspect of the agreement and let different people use the same software on both computers anyway.

Where is this mysterious licensing agreement?

You'll see the licensing agreement (and other legal documentation), in various places. The typical physical locations are on the software's packaging, user manual, and often a sticker that seals shut the CD (the one that says you agree to their licensing if you break the seal).

You'll also find it in various places in your computer. When you're installing the software, you'll usually see a long legal description that has a place for you to click to agree with the contract before you can continue installing the software. After the software has been installed, you can sometimes view it in the Help window (for example, with Microsoft Word, go to the Help's contents tab and look for the "End User Licensing Agreement").

Realistically though, you probably won't get caught, right?

It's easy to think of yourself or company as "small potatoes" (couldn't resist, after all, this is the land of "famous potatoes") and so none of those big software companies are ever going invest in the time and resources to go after you. You're thinking that they probably spend their time and energy on the "big fish" who pirate their software instead, right?

Actually, what they do is follow tips. And it's oh-so-easy for anybody, say a disgruntled ex-employee, to provide an anonymous tip to an anti-piracy agency to go after you. The next thing you know somebody could be knocking on your door with a warrant to examine the software on all of your computers.

Warning signs

The warning signs that you may have pirated software are:

  • Programs (including the operating system) were preinstalled on the computer but there aren't any accompanying original CDs.
  • No official looking documentation accompanies the packaging.
  • Your "tech person" seems to be able to provide you with any program you need, but you never actually have to pay for it.
  • Different people are using software on different computers that were installed from the same CDs.

The bottom line is, although it may be convenient and seem reasonable to "share" software, it's just not a good idea on many different levels.

To find out more

For more information about piracy, refer to the following websites:

 
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