Software Piracy Under Ipr Regime Essay

2525 words - 11 pages

An Overview on SOFTWARE PIRACY under Intellectual Property Right Regime

e1834 Abinash Chandra Nayak
(SOFTWARE PIRACY IS "UNAUTHORIZED COPYING OR DISTRIBUTION OF COPYRIGHTED SOFTWARE .") SOFTWARE PIRACY IS A VIOLATION OF COPYRIGHT LAW AND A FORM OF THEFT .

What Is Software Piracy?

The definition of software piracy is the "unauthorized copying or distribution of copyrighted software." While this definition may sound simple, its impact and affect are anything but. In 2008, worldwide software piracy rates rose to 41 percent, with losses estimated at $50.2 billion, according to a study by the Business Software Alliance.

Identification
Whether you purchase software from a retail ...view middle of the document...

The same study reports this 10-point reduction in software piracy levels would raise an additional $24 billion in worldwide government revenues without increasing taxes.

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Risks

Buying or using pirated software has many inherent risks, not the least of which is facing legal charges. Pirated software carries with it no guarantee the program will function as it should, and in cases where it does not you can expect no support, technical or otherwise. You will not be eligible for upgrades, updates or security patches. In addition, you run the risk of damaging your reputation, as criminal prosecution becomes public record.

Warning
Software piracy is a crime. Copyright infringement laws make no distinction between one or 100 illegally copied CDs or the unauthorized sale of software installation files. If caught, you can face fines of $150,000 for each software title copied, and face criminal prosecution, fines of up to $250,000 and/or five years in jail. In addition, a business is responsible for the actions of its employees, whether it is aware of what takes place or not.

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Definition of Software Piracy

Stealing software is a bad idea. A programmer developed the software, and that person expects to be paid. People routinely steal other people's software, and it's a terrible injustice to those who spend their lives writing code. It's not only Bill Gates, but the struggling programmer without a degree who is just trying to survive. Most new businesses go bankrupt anyway, and the failure rate in high tech is even higher than the norm.

Basic Definitions
The definition of software piracy is the "unauthorized copying or distribution of copyrighted software." Taking a disk from a friend and copying it for yourself constitutes software piracy. Justice Oliver Wendell Holmes of the United States Supreme Court once quipped that even though he could not define pornography, he knew it when he saw it. That logic applies to software piracy, too. It's not easy to define exactly, but you can establish some general limits.
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Software piracy is a violation of copyright law and a form of theft. You are guilty of piracy when you illegally download a copy of a pirated program and when you offer or sell copies to others, regardless of whether they profit from the sales.

Limits
The limits on the concept of software piracy are shareware and freeware. Shareware is essentially inexpensive

software. Some types of shareware cost only $5. If you copy it without paying for it, you're a software pirate. Still, this type of thing is far less serious than stealing advanced software that somebody's trying to sell for $100 million. Freeware is free software, so it can't be stolen. The programmer or developer intends it to be a gift. Copy it freely and don't worry about it.

Theories/Speculation and Resolution to Certainty
Software piracy isn't something that you want to engage in, if you really think about it. Why? Consider all the opinions in...

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