Piracy Copyright

Software Piracy and Copyright Infringement

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The key to security awareness is embedded in the word security

SEC-Y

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What is “Information Security”? To decide whether a computer system is “secure”, you must first decide what “secure” means to you, then identify the threats you care about. Identity Theft

Email

Virus

Confidentiality

Safeguard identity and password

Reputation

Availability

Integrity

Copyright

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What is Security Awareness? Security awareness is recognizing what types of security issues and incidents may arise and knowing which actions to take in the event of a security breach.

Most security incidents can be prevented.

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What is Expected of You? During your typical day, you may be exposed to situations where you may become aware of an attempt to breach an area of security. You need to be prepared to: Protect Detect React Information Security Office

So How Do We Start? Be aware or beware Know how to identify a potential issue Use sound judgment

Learn and practice good security habits Incorporate secure practices into your everyday routine Encourage others to do so as well

Report anything unusual Notify the appropriate contacts if you become aware of a suspected security incident Information Security Office

Don’t copy that floppy…(or MP3 file)!

Movie http://global.bsa.org/usa/antipiracy /tools/business.phtml

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What Is Software Piracy? Software piracy is unauthorized copying, distributing or downloading of copyrighted software. Three of the most common forms of software piracy are:  End-user copying: Organizations installing or using software on more computers than they are licensed to support.  Distribution: Selling or distributing illegally copied software, including counterfeit products.  Downloading: Making unauthorized copies from the Internet. Information Security Office

Types of Piracy End User Piracy: This occurs when a company employee reproduces copies of software without authorization. End user piracy can take the following forms:  Using one licensed copy to install a program on multiple computers;  Copying disks for installation and distribution;  Taking advantage of upgrade offers without having a legal copy of the version to be upgraded;  Acquiring academic or other restricted or non-retail software without a license for commercial use;  Swapping disks in or outside the workplace. Information Security Office

Types of Piracy (cont’d) Client-Server Overuse: This type of piracy occurs when too many employees on a network are using a central copy of a program at the same time. If you have a local-area network and install programs on the server for several people to use, you have to be sure your license entitles you to do so. If you have more users than allowed by the license, that’s “overuse”.

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Types of Piracy (cont’d) Internet Piracy: This occurs when software is downloaded from the Internet. The same purchasing rules should apply to online software purchase as for those bought in traditional ways. Internet piracy can take the following forms:  Pirate websites that make software available for free download or in exchange for uploaded programs;  Internet auction sites that offer counterfeit, out-of-channel, infringing copyright software;  Peer-to-Peer networks that enable unauthorized transfer of copyrighted programs. Information Security Office

Types of Piracy (cont’d) Hard-Disk Loading: This occurs when a business who sells new computers loads illegal copies of software onto the hard disks to make the purchase of the machines more attractive. The same concerns and issues apply to Value Added Resellers (VAR) that sell or install new software onto computers in the workplace.

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Types of Piracy (cont’d) Software Counterfeiting: This type of piracy is the illegal duplication and sale of copyrighted material with the intent of directly imitating the copyrighted product. In the case of packaged software, it is common to find counterfeit copies of the CDs or diskettes incorporating the software programs, as well as related packaging, manuals, license agreements, labels, registration cards and security features.

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Software Piracy: What You Should Know Whether you call it borrowing, copying, sharing, or “fair use,” software piracy is illegal and puts the University of Arizona’s students, faculty, and staff, as well as the University itself, at risk for legal action.

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What Is the Economic Impact of Software Piracy? Software piracy contributes to lost sales, jobs, wages and tax revenues. It denies software developers a return on their substantial investment of time, money and creativity and harms consumers and the industry as a whole.  2001 - piracy cost the worldwide software industry $11 billion in lost revenue.  In the United States the industry lost $1.8 billion in 2001, and more than 111,000 jobs, $5.6 billion in lost wages and $1.5 billion in lost tax revenue. Information Security Office

What Are the Penalties for Pirating Software? In most countries, organizations can be held liable when employees copy or download unauthorized software.  Penalties include damages, fines and even criminal sentences. But there are other consequences as well. N  Networks may be exposed to viruses.  In the United States, infringers face civil damages up to $150,000 for each program copied.

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Software Piracy: Statistics and Facts More than one third of adult Internet users say they have downloaded commercial software online without paying for all the copies they made. (Source: “Quantifying Online Downloading of Unlicensed Software – Survey of Internet Users,” IPSOS Public Affairs, May 2002)

25% of users who download software say they never pay for it. (Source: IPSOS, May 2002) Last year, piracy cost the software industry an estimated $11 billion. (Source: “2009 Global Software Piracy Report,” International Planning and Research Corp., June 2002)

The loss to the economy has significant impact, including more than 111,000 jobs lost, $5.6 billion in lost wages and more than $1.5 billion in lost tax revenue. (Source: “2001 State

Software Piracy Study,” International Planning and Research Corp., October 2002)

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10 Reasons Why It’s Important To Be a Responsible Software User 10. Copying software undermines policies against taking University property. 9. Proper software management saves time and money, and makes a computer user more productive. 8. Unlicensed software is one of the prime sources of computer viruses that can destroy valuable data.

7. Unlicensed software is more likely to fail, leaving computers and their information useless. Information Security Office

6. You can expect no warranties or support for unlicensed software and you won’t have access to inexpensive upgrades. 5. The cost of software piracy settlements usually far outweighs the cost incurred by a company using legitimate software. 4. In some circumstances, you leave the organization vulnerable to raids and seizures of evidence, including computers, disk drives, and other equipment.

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3. In 2002, BSA investigated more than 500 companies. In the past 11 years, BSA has recovered nearly $90 million in penalties from software pirates. 2. Software piracy can lead to stiff fines of up to $150,000 per copyright infringed and civil and criminal prosecutions. And the number one reason you should ensure that the software you are using is compliant with U.S. Software Copyright Laws? Software Piracy Is Theft!

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Individual Risks of Pirated Software • It often lacks key elements of documentation and lacks warranty protection or upgrade options • These untested disks may be infected with viruses • Can put yourself and company at risk by pirating a product protected by Copyright law

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Software Piracy Ensure that you only obtain software through approved methods and install it in accordance with licensing of the specific software.

Let’s look at some common questions in this area….. Information Security Office

Common Questions and Answers Is it legal to copy software from your PC to your laptop? The END USER LICENSE AGREEMENT will specify whether you are able to. If the EULA does not contain this clause, then you cannot make a second copy.

Can I make a second copy of my operating system software for my home, PC? Usually, the right to make second copies of software only applies to some application products and not to operating system software, like Windows 2000.

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How will anyone know that I have illegal software? It happens more often than you might think, through honest employees and students, routine software audits, technology support professionals, network administrators, software publishers and piracy watchdog groups. Your office computer is University property. So too, is your connection to the Internet via the campus network. We are committed to making sure that our systems are running legally licensed software and that this network is not supporting software piracy in any form.

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When my computer was delivered, it had software installed on it. Is this software already legally licensed? Yes, if it was ordered and/or delivered by a reputable company or reseller (i.e. Dell, Gateway, etc.). All computer systems deployed by such entities are legally licensed for all applications on of shipment and should come with supporting documentation. If your computer came from another source, review the licenses and documentation to verify the software's legitimacy. If you're buying a used computer, all installed software should come with license agreements, registration and original installation disks and manuals. Call Support Systems to evaluate and/or remove any software that you can't verify.

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I want to use some software but the publisher is out of business. Is it okay to get a copy from my friend? No. All software is copyright-protected, and the copyright is enforceable for 95 years, no matter what. Your best bet is to ask the copyright holder for written permission to copy the software.

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The University of Arizona Policy Governing Use and Duplication of Computer Software https://sitelicense.arizona.edu/copyright.html

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Copyright Infringement The unauthorized duplication of copyrighted material, such as books, music, movies, artwork, photographs, and other types of intellectual property, as such materials are known. The use of University resources to duplicate or distribute unauthorized copies of copyrighted materials is strictly prohibited.

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Copyright Copyright law gives authors, artists, composers, and other such creators the exclusive right to copy, distribute, modify, and display their works or to authorize other people to do so. Works are protected by copyright law from the very moment that they are created - regardless of whether they are registered with the Copyright Office and regardless of whether they are marked with a copyright notice or symbol (©).

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Copyright (cont’d) That means that virtually every e-mail message, Usenet posting, web page, or other computer work you have ever created - or seen - is copyrighted. If you are not the copyright owner of a particular email message, Usenet posting, web page, or other computer work, you may not copy, distribute, modify, or display it unless:  Its copyright owner has given you permission to do so; or  It is in the "public domain"; or  Doing so would constitute "fair use"; or  You have an "implied license" to do so.

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Copyright (cont’d) It’s usually easy to tell whether you have permission to make a particular use of a work - the copyright owner will have told you so expressly, either in writing or orally - but it’s not always so easy to tell whether the work is in the public domain or whether what you want to do constitutes fair use or is covered by an implied license.

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Copyright (cont’d) Placing a work on the Internet is not the same thing as granting that work to the public domain. A work found on the Internet, like a work found anywhere else, is in the public domain only if  its creator has expressly disclaimed any copyright interest in the work, or  it was created by the federal government, or  it is very old.

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Copyright (cont’d) P2P direct connections utilize an astounding amount of network bandwidth, that clogs and overwhelms the system. Results in • • • • •

network-wide slowdowns, hardware failures, Loss of e-mail service, shared network drive failures, Internet service interruptions - all these problems can be partly traced to the negative effects of network overload due to illegal downloading of copyrighted material Information Security Office

Copyright (cont’d) P2P programs can also leave a computer vulnerable to use by hackers as a means of masking their activities.

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Rule of Thumb for Public Domain Music  Works published in the United States with a copyright date of 1922 or earlier are in the public domain in the United States.  Copyright protection outside the USA is determined by the laws of the country where you wish to use a work. Copyright protection may be 95 years from publication date, 50 to 70 years after the death of the last surviving author, or other criteria depending on where the work was first published and how the work is to be used.

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DATE OF WORK

PROTECTED FROM

TERM

Created 1-1-78 or after

When work is fixed in tangible medium of expression

Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2

Published before 1923

In public domain

None

Published from 1923 - 63

When published with notice3

28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain

Published from 1964 - 77

When published with notice

28 years for first term; now automatic extension of 67 years for second term

Created before 1-1-78 but not published

1-1-78, the effective date of the 1976 Act which eliminated common law copyright

Life + 70 years or 12-31-2002, whichever is greater

Created before 1-1-78 but published between then and 12-312002

1-1-78, the effective date of the 1976 Act which eliminated common law copyright

Life + 70 years or 12-31-2047 whichever is greater http://www.unc.edu/~unclng/p ublic-d.htm

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In very general terms, a particular use of a work is "fair" if:   

it involves only a relatively small portion of the work, is for educational or other noncommercial purposes, and is unlikely to interfere with the copyright owner’s ability to market the original work.

A classic example is quoting a few sentences or paragraphs of a book in a class paper. Other uses may also be fair, but it is almost never fair to use an entire work, and it is not enough that you aren’t charging anyone for your particular use. It also is not enough simply to cite your source (though it may be plagiarism if you don’t).

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An implied license may exist if the copyright owner has acted in such a way that it is reasonable for you to assume that you may make a particular use. For example, if you are the moderator of a mailing list and someone sends you a message for that list, it’s reasonable to assume that you may post the message to the list, even if its author didn’t expressly say that you may do so. The copyright owner can always "revoke" an implied license, however, simply by saying that further use is prohibited. Facts and ideas cannot be copyrighted. Copyright law protects only the expression of the creator’s idea - the specific words or notes or brushstrokes or computer code that the creator used — and not the underlying idea itself. •

it is not copyright infringement to state in a history paper that the Declaration of Independence was actually signed on August 2, 1776. Information Security Office

Exactly how copyright law applies to the Internet is still not entirely clear, but there are some rules of thumb: You may look at another person’s web page, even though your computer makes a temporary copy when you do so, but you may not redistribute it or incorporate it into your own web page without permission, except as fair use may allow. You probably may quote all or part of another person’s Usenet or listserv message in your response to that message, unless the original message says that copying is prohibited.

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You probably may not copy and redistribute a private email message you have received without the author’s permission, except as fair use may allow. You probably may print out a single copy of a web page or of a Usenet, listserv, or private e-mail message for your own, personal, noncommercial use. You may not post another person's book, article, graphic, image, music, or other such material on your web page or use them in your Usenet, listserv, or private e-mail messages without permission, except as fair use may allow. You may not copy or redistribute software without permission, unless the applicable license agreement expressly permits you to do so. Information Security Office

Copyright Infringement Copyright and the Web http://uaweb.arizona.edu/council/copyright.shtml Information Commons and Library users are expected to respect Copyright and intellectual property rights. For a summary of applicable laws, see www.library.arizona.edu/copyright/ http://dizzy.library.arizona.edu/library/type1/libraryservices/data/copyright.html

Library Contacts Eulalia Roel 626-5516 [email protected] (Primary Contact) Karen Williams (DMCA Agent) 621-6433 [email protected] Information Security Office

Summary Common sense, some simple rules and a few pieces of technology can help you protect yourself. Important to remember that by protecting yourself, you're also doing your part to protect the University

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Final Thoughts If not you, who? If not now, when?

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Resources at the University of Arizona Kerio Firewall https://sitelicense.arizona.edu/kerio/kerio.shtml Sophos Anti Virus https://sitelicense.arizona.edu/sophos/sophos.html VPN client software https://sitelicense.arizona.edu/vpn/vpn.shtml Policies, Procedures and Guidelines http://w3.arizona.edu/~policy/ Security Awareness http://security.arizona.edu/~security/awareness.htm

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University Information Security Office Bob Lancaster ✔University

Information Security Officer ✔Co-Director – CCIT, Telecommunications ✔[email protected] ✔621-4482

Security Incident Response Team (SIRT) ✔[email protected] ✔626-0100

Kelley Bogart ✔Information

Security Office Analyst ✔[email protected] ✔626-8232 Information Security Office