global software piracy

The Economic Benefits of Reducing PC Software Piracy
A Report by IDC, January 2008
Sponsored by the Business Software Alliance®

Reducing software piracy could create hundreds of thousands of new jobs, billions in information technology (IT) spending and economic growth, and new tax revenues to support local services.

A study commissioned by the Business Software Alliance (BSA) and conducted independently by International Data Corporation (IDC) finds that while all countries could benefit from reducing the use of illegal software on personal computers (PC), high-piracy emerging economies could experience the most dramatic, positive impacts.

“The Economic Benefits of Reducing PC Software Piracy” looks at the bottom line economic benefits of reducing piracy in 42 countries that together account for more than 90 percent of global IT spending in 2007. The study is designed to quantify the economic benefits to domestic economies that could be gained from a ten percentage point reduction in PC software piracy over a four year period, from 2008-2011.

“When countries take steps to reduce software piracy, everyone benefits,” said Robert Holleyman, president and CEO of BSA. “With more and better job opportunities, a stronger, more secure business environment, and greater economic contributions from the dynamic and robust IT sector, reducing software piracy is one way for governments to deliver tangible benefits to local economies.”

Scott & Scott, LLP is a business and technology law firm that helps businesses aggressively protect their intellectual property, understand and comply with applicable laws and regulations, litigate and resolve disputes, and consummate complicated business transactions. Our clients include leaders in the following industries: energy, professional services, insurance, media, manufacturing, technology, financial services, retail, healthcare, and real estate. Our legal and technology professionals have the proven talent to solve complex business issues. We take the time to understand our clients’ businesses, while remaining focused on providing value.


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software distributorship

What is really a Software Distributorship?

This is right place to learn about Software Distributorship. We expect to explain for all software developers what is role of computer software distributorship in their company model.

You possibly can get your computer software distributorship via Internet, retailer, etc. It depends on your company model and you need to look for assist to get so many sells and contracts as possible.

Do you wanna earn so much funds selling your computer software? So you really should make deal with a good software package distributorship firm - big companies can spread out your computer software, reaching audiences in Africa, Asia, Europa, Americas, Oceania or even Antartida (what, is it probable? :-) )!

You might be asking yourself: who is he? Why is he talking about it?

My name is Christiano, I am a computer software developer - a game developer, to be far more exact/specific. And I have realized that a lot of developers, like me, have problems to identify better methods to sell and delivery their softwares. So now, I decided to talk about this subject and, if that you are smart - and you happen to be, otherwise, you wouldn't be here, reading it now ;-) - you'll listen my words. You possibly can not believe me, you're free to read and, later, decide if what I talk is interesting or not, ok?

How a software distributorship can aid your IT company

Software distributorship gives a set of resources for generating deals that could set up software on a system. The packages could be grouped together into a computer software repository called a depot, plus a server might be configured to host many depots for installation of personal computer software packages too as total devices.

Numerous massive players in the application distribution small business have complied many way to distribute pc application utilizing configurations and management systems.

Computer software distribution was first readily accessible in 1995. Since then it has undergone various enhancements alterations, and now offers a trusted application avenue for major computer software package organizations either official distributions through the makers on the application, or 3rd party distributions.

Notable is the reality that one making use of such 3rd party distributions will have to turn for the distribution maker for service, the developers of the actual application getting distributed normally tend not to present aid for 3rd party distributions of their software package.

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software piracy in china

Software Piracy Still Big in Asia

Industry group estimates $1.19 billion in lost sales of games software.

Software piracy remains a multibillion dollar industry in Asia, but some signs of improvement are surfacing in the 14 Asian countries being most closely surveyed, according to the International Intellectual Property Alliance (IIPA).

Although its figures are not complete, IIPA estimates that 2003 losses from piracy of entertainment software will reach $1.19 billion in China, India, South Korea, and Taiwan. But piracy losses sharply decreased from the previous year in South Korea (down 35 percent) and Taiwan (down 56 percent).

China Singled Out

The largest software piracy losses occur in China, where entertainment software alone was pirated to the value of $568 million last year, according to IIPA. China's piracy rate remains at 96 percent--of all software sold, only 4 percent is legitimately licensed. China's efforts to combat piracy remain under a special U.S. trade monitoring procedure known as Section 306, IIPA representatives say.

Six more Asian countries--India, Indonesia, Philippines, South Korea, Taiwan and Thailand--remain on IIPA's priority watch list for the high losses due to piracy and high rates of piracy. Malaysia is by itself in a watch list category, while Cambodia, Hong Kong, Laos, Singapore, and Vietnam are also mentioned as being monitored.

Additionally, the Office of the U.S. Trade Representative along with several other countries, as making insufficient efforts to crack down on piracy of music and film.

Business Count Pending

Losses due to entertainment software piracy is estimated to represent about just one-quarter of piracy losses, with the balance coming from piracy of business software, which totaled $2.67 billion in 2002. IIPA has not yet estimated the 2003 figure for business software losses, but only Taiwan and Singapore recorded piracy rates of under 50 percent in 2002.

The IIPA released the figures as part of its Special 301 recommendations. Special 301 is an annual review process under U.S. trade law which requires the Office of the U.S. Trade Representative to identify countries that fail to stem piracy, opening such countries to possible U.S. trade sanctions.

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software escrow companies

When you contract out for software to be written for you, there are several decisions that are part of the process. One that's often overlooked is whether or not you get a copy of the source code when the project is done.

The source code is the collection of written instructions that the programmer actually writes to create a program. For many types of programs, the source code is then transformed into the "executable" that you actually run. For example "notepad.exe" is a executable program that comes with Windows. Somewhere back at Microsoft they keep the written instructions, or source code, that the programmers used to create it.

Open source software projects make the source code publicly accessible. Anyone with enough knowledge can create the software executable using the source code. Closed source, or "proprietary" software is just the opposite ... the source code is not available publicly, only the executable. Companies use this approach to retain their intellectual property, and trade secrets.

When you contract with someone to write software for you one decision, implied or explicit, is whether the source code belongs exclusively to the developer, or whether you get a copy. If you do, you have the safety of being able to have someone else make changes or fix bugs in the future, but the developer is giving up some of his or her potential control of that software. If the developer retains the source code and you don't have access to it, then you are dependant on the developer for all future updates. Typically developers will charge more if you get the source code.

It's common to opt for the cheaper option, or to have the developer simply not give you the option.

So what happens if your developer goes out of business? What if all of the source code simply disappears?

That's where software or source code escrow comes into play.

As part of arranging for your software to be written, you and the developer can agree that a copy of the source code will be given to a neutral third party - an escrow agent. The agreement would then specify under which conditions that agent would be allowed to release the source code to you. For example one of the conditions might be the developer's bankruptcy or going out of business for other reasons. By using software escrow, the developer is protected as long as it makes sense for them to retain control, and you are protected should the developer disappear. (Naturally other conditions might trigger the release, but the developer's going out of business is a clear example.)

Software escrow is not fool proof. For example, what happens if the escrow agent goes away? And escrow typically adds some cost to your transaction.

But I think of it as an insurance policy.

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consequences of software piracy

What Are the Consequences of Software Piracy?

By , eHow Contributor

Copyright infringement of software, commonly referred to as software piracy, is the act of buying, selling or trading stolen copies of programs. If you are caught, the consequences of software piracy can be dire.

About Software Piracy

1. Software piracy is a violation of copyright 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.

Monetary Consequences

2. Federal law allows software publishers to sue individuals found with pirated software for statutory damages, ranging between $500 to $100,000 for each pirated program they possess. Restitution costs could reach millions of dollars.

Punitive Consequences

3. Individuals who distribute or sell copies of pirated software can face up to five years in prison.

Personal Consequences

4. In addition to penalties and prison sentences, consumers can unknowingly put their at risk by installing pirated software that contains malware, viruses and other malicious software that can jeopardize the owner's machine and sensitive data.

Consumer Consequences

5. As the popularity of software piracy continues to increase, software publishers are turning to honest consumers to cover the costs. Consumers pay an estimated $15 more toward publishers' recovery costs for every $100 spent purchasing software.

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software piracy act

DON’T BE A PIRATE!

What is Software Piracy?

Software piracy is the unauthorized use or distribution of software.

You participate in the unauthorized use or distribution of TopScore Pro® if you LEND, GIVE, COPY or SELL the software to anyone without our permission. You do not OWN the software. You are granted a nonexclusive right to USE the software for a specific period of time.

ScholarWare takes software piracy very seriously. Because our product is beneficial to its users only once (unlike other programs such as Microsoft Word), we especially depend upon recurring revenue to make advances in our product. Just because you do not "need" the software anymore, DOES NOT entitle you to pirate the software.

Why shouldn't I use pirated or pirate software? Who am I hurting?

There are several reasons not to use pirated or pirate software.

1. It's illegal and there is liability on your part. (See Liability for Piracy below)
2. It's risky. If the software is from an unauthorized source, you could be getting a program that is not fully functional. Each TopScore Pro® CD-ROM expires on a predetermined date which is unknown to the user. You don’t want an expired product.
3. There won't be another version of the software if there is no revenue to put back into research and development. This revenue has made the product affordable to legitimate users.
4. It isn't ethical. Or we like to say "doing the right thing when no one is looking." Understand that this product is introduced at a very affordable price and provides tremendous benefit to preprofessional (predental/preoptometry) students. Ask yourself how you would feel if your life's work went without compensation? Start now and be an ethical professional.

LIABILITY FOR PIRACY

What are the fines for being caught with or participating in pirated software?

At ScholarWare we report software pirates and prosecute them. We take it seriously.

If sued for civil copyright infringement, the penalty is up to $100,000 per title infringed. If charged with a criminal violation, the fine is up to $250,000 per title infringed and up to five years imprisonment.

What proof do we need to show that you have purchased our software?
Anti-Piracy requires positive proof that all software has been purchased to demonstrate copyright compliance. The best documentation substantiating authorized purchases include approved purchase orders, invoices, customer receipts, and/or cancelled checks. Other documentation provided by the company may be acceptable. Normally, original media (CD-ROM's, diskettes, manuals, etc.) are not accepted documentation.

The Law in the United States
Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright (ScholarWare) are clearly stated in the Copyright Act, Title 17 of the US Code. The Act gives the owner of the copyright "the exclusive rights" to "reproduce the copyrighted work" and "to distribute copies ... of the copyrighted work" (Section 106). It also states that "anyone who violates any of the exclusive rights of the copyright owner ... is an infringer of the copyright" (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make "another copy for archival purposes only," which are specifically provided in the Copyright Act (Section 117). The license accompanying TopScore Pro® does not allow additional copies to be made outside of Title 17; be sure to review our End User License Agreement carefully.

Software creates unique problems for copyright owners because it is easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier's own use. Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct was in breach of the law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying.

It has always been illegal to rent unauthorized copies of software. Concern over the fact that the rental of authorized or "original" software frequently resulted in the creation of pirated software led Congress to enact the Software Rental Amendments Act of 1990 (Public Law 101-650). This law prohibits the rental, leasing, or lending of original copies of any software without the express permission of the copyright owner.

Software Piracy is just not worth it!

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