


     This Article has been written to let some of you fellow pirates
    know just what is and isn't illegal in the area of 'Copyright
    Protection under the law.' This will hopefully expell some of the
    misconstrued ideas about software pirating.  Due to the presence of
    constant revisions in this area of the law, this information
    probably won't remain current for a long period of time.  The
    Courts (as usual) can't seem to make any sort of reasonable
    decisions about any controversial issue!  This is probably due to
    the fact that they insist on ruling on subjects that they have
    little or no information about!!

     To Start with, here are a few relevant facts that most of you
    already know..But I will go through it anyhow, for the benefit of
    the ignorant.
    1: Unauthorized copying of software is illegal.  Copyright law
    protects software authors & publishers, just as patent law protects
    inventors.
    2: Unauthorized copying of software by individuals can harm the
    entire academic comunity (for those of you in college!).  If
    unauthorized copying proliferates on a campus, the institution may
    incur a legal liability.  Also, the insitution may find it more
    difficult to negociate agreements that would make software more
    widely and less expensively available to members of the academic
    community. 
    3: Unauthorized copying of software can deprive developers of a
    fair return for their work, increase prices, reduce the level of
    future support and enhancement, and inhibit the development of new
    software products.  It has been claimed that if all software
    pirating stoped, prices would drop considerably.  What a crock of
    shit. They would probably drop a little, but If people are willing
    to pay that much, wouldn't you be happy with all the extra $$$
    coming in!
    4: Some common questions about Pirating I have been asked:
    a: What do I need to know about software and the U.S. Copyright
    Act? Unless it has been placed in the public domain, software is
    protected by copyright law.  The owner of a copyright holds
    exclusive right to reproduction and distribution of his or her
    work.  Therefor, it is illegal to duplicate or distribute software
    or its documentation without the permission of the copyright owner.
    If you have purchased your copy, however, you may make a backup for
    you own use in case the original is destroyed or fails to work.
    b: Can I loan my software I have purchased myself? If your software
    came with a clearly visible license agreement, or if you signed a
    registration card, READ THE LICENSE CAREFULLY before you use the
    software.  Some licenses may restrict use to a specific computer.
    Copyright law does not permit you to run your software on two or
    more computers simultaneously unless the license agreement
    specifically allows it.  It may, however, be legal to loan your
    software to a friend temporarily as long as you don't keep a copy.
    (what a crock of shit! like I'm gonna go buy 2 copies of Windows to
    run on both computer I have set up..) 
    c: 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 in order to shar or sell it!  Now this had to be one of
    the dumber questions asked of me...No Protection just makes it a
    little easier to either make backups or commit a crime!
    5: An alternatives to requiring use of the same program in bulk
    quantities is a site license.  This is usually cheaper than buying
    many copies of the same software package.
    6: In finishing this section, restrictions on the use of software
    are far from uniform!  You should check carefully each piece of
    software and the accompying documentation yourself.  According to
    officials, you do not have the right to make unauthorized copies
    for or get copies from anyone when the Copyright Laws are in
    effect. 

     Now, the legalities of this are a crock of shit!  There is a
    little thing called the Infringing Act.  For your convienience,
    I'll quote ut for you.

     "The Use of an Infringing Copy: Under the Copyright Act, copyright
    does not extend to limit the 'use' of a computer program in a
    computer.  However, if this should extend even to cases where an
    infringing copy of a computer program is used in a computer, the
    result would be unjustifiably detrimental to the author's
    interests.  In the case of works other than a program works, such
    use of the infringing copies usually accompanies acts which also
    make such copies available to the public by distribution.  These
    acts are, then, deemed to be an infringement of the copyright.  The
    use of an infringing copy of a program work is, however, usually
    not accompanies by acts which make it public.  The Amended Act
    takes notice of this special feature of computer programs by
    declaring that the use for business purposes of a copy of a program
    work in a computer which was made by an act which infringed the
    copyright on said program work, shall be deemed to be an
    infringement of the copyright in the program work only when such a
    fact of infringement was known at the time of obtaining rights to
    use the copy.  Ignorace of the fact of infringement is a defense!

     Now, for those of you yet to recieve your Law degree, this is
    saying that distribtion is DEFINITLY illegal..as most of you
    already knew....To recieve a copy of a program from someone
    else, use it for you own use, and not send it around is also
    illegal, BUT!!!! Only if you KNEW IT WAS ILLEGAL!  This is one case
    where Ignorance of the Law is a defense...So for all you people
    with Gigabytes of software offline...This should make you feel
    somewhat better...

     The next thing to address is the Supreme Court Ruling on the LEGAL
    copies of Video Tapes in a persons home.  A person can legally copy
    a video tape for his own personal private use.  Video tape happenes
    to be in the same class of magnetic media that Software resides.  A
    person could make one hell of an arguement about this very subject.
    After consulting with a few attourneys, they all said that the
    possibility of the FBI or ANYONE for that matter, breaking in to
    someones house is COMPLETLY FAR FETCHED!  The Court systems just
    don't want to have to deal with all the 'rinky dink' cases of minor
    software pirating, especially when they don't have a firm
    supportive base for their case!  The FBI man hours, the courts
    wasted time, and the small about of money they are dealing with
    equals up to the fact that people like you and me are basically in
    NO DANGER of getting busted.  Many of the attourneys expect a
    ruling from the Supreme Courts specifically putting Software in the
    same class as Video Tapes.  

     The Final thing I wish to address is the area of punishment.  Even
    through the possibility is very low, IF a companiy chose to put the
    time into it, and IF a company chose to press charges on someone
    for distributing programs, and IF they had enough evidence to make
    a case, the penalties are as follows:
    Base level 6: For programs under $2000, a maximum punishment of 6
    months in Jail and up to a $25000 fine is plausable.  The people I
    have consulted with have seen NO cases of which a person was
    prosecuted for 'having' programs in his possession, but anything is
    possible.  
    Above level 6: Up to 5 years in Prison, and up to a $250,000 fine.
    The Penalties listed are on the bases of a EACH COPY OF A PROGRAM.
    Major ouch when I heard this one.

     Now, what this tells me and the attourneys I consulted with is
    that a sentence under one year is usually consituted as a
    non-felony charge.  Not necessarily a misdemeanor, but definitly
    not a felony.  To most people, this would be extremely good news.
    I personally am too old to go around with a felony on my record!
    This concludes my article and I hope it has cleared up a few things
    for you!  And if not, It's just not my problem!!

                                                Cool Hand
     						INC Vise President