USING SOFTWARE: A Guide to the Ethical and Legal Use of 
Software for Members of the Academic Community


SOFTWARE enables us to accomplish many different tasks with 
computers. Unfortunately, in order to get our work done quickly and 
conveniently, some people make and use unauthorized software copies. 
The purpose of this brochure is to provide a brief outline of what you 
legally can and cannot do with software. Hopefully it will help you 
better understand the implications and restrictions of the U.S. Copyright 
Law.

HERE ARE SOME RELEVANT FACTS:

UNAUTHORIZED copying of software is illegal. Copyright law 
protects software authors and publishers, just as patent law protects 
inventors.

UNAUTHORIZED copying of software by individuals can harm the 
entire academic community. If unauthorized copying proliferates on a 
campus, the institution may incur legal liability. Also, the institution 
may find it more difficult to negotiate agreements that would make 
software more widely and less expensively available to members of the 
academic community.

UNAUTHORIZED copying and use of software deprives publishers 
and developers of a fair return for their work, increases prices, reduces 
the level of future support and enhancements, and can inhibit the 
development of new software products.

RESPECT for the intellectual work of others has traditionally been 
essential to the mission of colleges and universities. As members of the 
academic community, we value the free exchange of ideas. Just as we 
do not tolerate plagiarism, we do not condone the unauthorized copying 
of software, including programs, applications, databases and code.

THEREFORE, we offer the following statement of principle about 
intellectual property and the legal and ethical use of software.

************************************************************
*                                                          *
*                      THE EDUCOM CODE                     *
*                                                          *
*             Software and Intellectual Rights             *
*                                                          *
*                                                          *
* Respect for intellectual labor and creativity is vital   *
* to academic discourse and enterprise. This principle     *
* applies to works of all authors and publishers in all    *
* media. It encompasses respect for the right to acknowl-  *
* edgement, right to privacy, and right to determine the   *
* form, manner, and terms of publication and distribution. *
*                                                          *
* Because electronic information is volatile and easily    *
* reproduced, respect for the work and personal expression *
* of others is especially critical in computer environ-    *
* ments. Violations of authorial integrity, including      *
* plagiarism, invasion of privacy, unauthorized access,    *
* and trade secret and copyright violations, may be        *
* grounds for sanctions against members of the academic    *
* community.                                               *
*                                                          *
************************************************************

[EDUCOM's Educational Uses of Information Technology (EUIT) 
program encourages the broadest possible adoption of this statement of 
principle. The EDUCOM Code is intended for adaptation and use by 
individuals, and educational institutions at all levels.]


CLASSIFICATION OF SOFTWARE
**************************

COMMERCIAL

Commercial software represents the majority of software purchased 
from software publishers, commercial computer stores, etc. When you 
buy software, you are actually acquiring a license to use it, not own it. 
You acquire the license from the company that owns the copyright. The 
conditions and restrictions of the license agreement vary from program 
to program and should be read carefully. In general, commercial 
software licenses stipulate that (1) the software is covered by copyright, 
(2) although on archival copy of the software can be made, the backup 
copy cannot be used except when the original package fails or is 
destroyed, (3) modifications to the software are not allowed, (4) 
decompiling (i.e., reverse engineering) of the program code is not 
allowed without permission of the copyright holder, and (5) 
development of new works built upon the package (derivative works) is 
not allowed without the permission of the copyright holder.

SHAREWARE

Shareware software is covered by copyright, as well. When you acquire 
software under a shareware arrangement, you are actually acquiring a 
license to use it, not own it. You acquire the license from the individual 
or company that owns the copyright. The conditions and restrictions of 
the license agreement vary from program to program and should be read 
carefully. The copyright holders for shareware allow purchasers to 
make and distribute copies of the software, but demand that if, after 
testing the software, you adopt it for use, you must pay for it. In 
general, shareware software licenses stipulate that (1) the software is 
covered by copyright, (2) although one archival copy of the software 
can be made, the backup copy cannot be used except when the original 
package fails or is destroyed, (3) modifications to the software are not 
allowed, (4) decompiling (i.e., reverse engineering) of the program 
code is not allowed without the permission of the copyright holder, and 
(5) development of new works built upon the package (derivative 
works) is not allowed without the permission of the copyright holder. 
Selling software as shareware is a marketing decision; it does not 
change the legal requirements with respect to copyright. That means that 
you can make a single archival copy, but you are obliged to pay for all 
copies adopted for use.

FREEWARE

Freeware also is covered by copyright and subject to the conditions 
defined by the holder of the copyright. The conditions for freeware are 
in direct opposition to normal copyright restrictions. In general, 
freeware software licenses stipulate that (1) the software is covered by 
copyright, (2) copies of the software can be made for both archival and 
distribution purposes but that distribution cannot be for profit, (3) 
modifications to the software are allowed and encouraged, (4) 
decompiling (i.e., reverse engineering) of the program code is allowed 
without the explicit permission of the copyright holder, and (5) 
development of new works built upon the package (derivative works) is 
allowed and encouraged with the condition that derivative works must 
also be designated as freeware. That means that you cannot take 
freeware, modify or extend it, and then sell it as commercial or 
shareware software.

PUBLIC DOMAIN

Public domain software comes into being when the original copyright 
holder explicitly relinquishes all rights to the software. Since under 
current copyright law, all intellectual works (including software) are 
protected as soon as they are committed to a medium, for something to 
be public domain it must be clearly marked as such. Before March 1, 
1989, it was assumed that intellectual works were NOT covered by 
copyright unless the copyright symbol and declaration appeared on the 
work. With the U.S. adherence to the Berne Convention this 
presumption has been reversed. Now all works assume copyright 
protection unless the public domain notification is stated. This means 
that for public domain software (1) copyright rights have been 
relinquished, (2) software copies can be made for both archival and 
distribution purposes with no restrictions as to distribution, (3) 
modifications to the software are allowed, (4) decompiling (i.e., reverse 
engineering) or the program code is allowed, and (5) development of 
new works built upon the package (derivative works) is allowed without 
conditions on the distribution or use of the derivative work.


***********************************************
* QUESTIONS YOU MAY HAVE ABOUT USING SOFTWARE *
***********************************************

>WHAT DO I NEED TO KNOW ABOUT SOFTWARE AND THE 
U.S. COPYRIGHT LAW?

It's really very simple. The Copyright Law recognizes that all 
intellectual works (programs, data, pictures, articles, books, etc.) are 
automatically covered by copyright unless it is explicitly noted to the 
contrary. That means that the owner of a copyright holds the exclusive 
right to reproduce and distribute his or her work. For software this 
means it is illegal to copy or distribute software, or its documentation, 
without the permission of the copyright holder.

If you have a legal copy of software you are allowed to make a single 
archival copy of the software for backup purposes. However, the copy 
can only be used if the original software is destroyed or fails to work. 
When the original is given away, the backup copy must also be given 
with the original or destroyed.


>IF SOFTWARE IS NOT COPY-PROTECTED, DO I HAVE THE 
RIGHT TO COPY IT?

Lack of copy-protection does NOT constitute permission to copy 
software without authorization of the software copyright owner. "Non-
copy-protected" software enables you to make a backup copy. In 
offering non-copy-protected software to you, the developer or publisher 
has demonstrated significant trust in your integrity.


>MAY I COPY SOFTWARE THAT IS AVAILABLE THROUGH 
FACILITIES ON MY CAMPUS, SO THAT I CAN USE IT MORE 
CONVENIENTLY IN MY OWN OFFICE OR ROOM?

Software acquired by colleges and universities is usually covered by 
licenses. The licenses should clearly state how and where the software 
may be legally used by members of the relevant campus communities 
(faculty, staff, and students). Such licenses cover software whether 
installed on stand-alone or networked systems, whether in private 
offices and rooms, or in public clusters and laboratories. Some 
institutional licenses permit copying for certain purposes. The license 
may limit copying, as well. Consult your campus authorities to be sure 
if you are unsure about the permissible use of a particular software 
product.


>MAY I LOAN SOFTWARE?

The 1990 modification to the Copyright Law makes it illegal to "loan, 
lease or rent software" for purposes of direct or indirect commercial 
advantage without the specific permission of the copyright holder. Non-
profit education institutions are exempted from the 1990 modification, 
so institutional software may be loaned.

Some licenses may even restrict the use of a copy to a specific machine, 
even if you own more than one system. In general, licenses usually do 
NOT allow the software to be installed or resident on more than a single 
machine, or to run the software simultaneously on two or more 
machines.


>ISN'T IS LEGALLY "FAIR USE" TO COPY SOFTWARE IF THE 
PURPOSE IN SHARING IT IS PURELY EDUCATIONAL?

Historically, the Copyright Law was modified to permit certain 
educational uses of copyrighted materials without the usual copyright 
restrictions. However, "fair use" of computer software is still a cloudy 
issue. The "fair use" amendments to the copyright law are intended to 
allow educational use of legally protected products, but it is limited (for 
paper-based products) to small portions of full works. For most 
software it is clearly illegal to make and distribute unauthorized, fully-
functional copies to class members for their individual use. Making 
copies of a small section of code from a program in order to illustrate a 
programming technique might not be a violation. The best alternative is 
to clear any such use with the copyright owner or consult the 
appropriate authorities at your institution.


***************************
* ALTERNATIVES TO EXPLORE *
***************************

Software can be expensive. You may think that you cannot afford to 
purchase certain programs that you need. Site-licensed and bulk-
purchased software are legal alternatives that make multiple copies of 
software more affordable. Many educational institutions negotiate 
special prices for software used and purchased by faculty, staff and 
students. Consult your campus computing office for information. As 
with other software, site-licensed or bulk-purchased software is still 
covered by copyright, although the price per copy may be significantly 
lower than the normal commercial price. A usual condition of site-
licensing or bulk-purchasing is that copying and distribution of the 
software is limited to a central office which must maintain inventories of 
who received it. When you leave the academic community by 
graduation, retirement, or resignation you may no longer be covered by 
the institutional agreement and may be required to return or destroy your 
copies of the software licensed to the  institution.

Many colleges sell software through a campus store at "educational 
discounts." If you purchase software for yourself through such an 
outlet, the software is yours and need not be destroyed or surrendered 
when you leave the institution. It is, however, still covered by normal 
copyright protection and covered by the specific conditions of the 
licensing agreement.

****************
* A FINAL NOTE *
****************

Restrictions on the use of software are far from uniform. You should 
check carefully each piece of software and the accompanying 
documentation yourself. In general, you do not have the right to:

   **Receive and use unauthorized copies of software, or

   **Make unauthorized copies of software for others.

If you have questions not answered by this brochure about the proper 
use and distribution of a software product, seek help from you 
computing office, the software developer or publisher, or other 
appropriate authorities at your institution.

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\\                                                         //
\\  This brochure has been produced as a service to the    //
\\  academic community by the Educational Uses of Infor-   //
\\  mation Technology Program (EUIT) of EDUCOM and the     //
\\  Information Technology Association of America (ITAA).  //
\\  EDUCOM is a non-profit consortium of colleges and      //
\\  universities committed to the use and management of    //
\\  information technology in higher education. ITAA is    //
\\  an industry association providing issues management    //
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\\  networking, education and other member services to     //
\\  companies which create and market products and         //
\\  services associated with computers, communications     //
\\  and data.                                              //
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\\                Copyright January, 1992                  //
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