copying of software without authorization from the developer, illegal copying of software
The
copyright infringement of
software refers to several practices when done without the permission of the copyright holder:Creating a copy and/or selling it. This is the act that some 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 void in some jurisdictions, but not the others.Creating a copy and giving it to someone else. This constitutes copyright infringement in most jurisdictions. It is not infringing under specific circumstances such as
fair use and
fair dealing.Creating a copy to serve as a
backup. This is seen as a fundamental right of the software-buyer in some countries, e.g.,
Germany,
Spain,
Brazil and
Philippines. 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 so that making temporary backup copies of software while repairing computers 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 the validity of such 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 [1] 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.Bulletin Board Sharing/Internet Piracy- Albacea et al (2005) states that this infringement occurs when System Operators share (by electronic transfer) copyrighted materials on bulletin boards or the internet for users to download.
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