There are three general myths surrounding software piracy: (1) the owner is not losing anything, (2) materials available on the Internet are public domain, and (3) that copying is covered by the “fair use” exception to the copyright law.(Robert, 2004) The first myth claims no one is infringed in the process of software piracy, when in fact the owner of the software is never compensated for the products reproduction. The second myth claims that materials obtained from the Internet are free because they reside in public domain, according to Robert’s “users make no distinction between materials made available by their creator for public use and others covered by copyright protection.”(pg. 5) The ethical issues involved with software piracy are numerous but a few are highlighted over all others. A user who commits software piracy may not view their act with any moral awareness, simply as a preferred choice.(Zamoon and Curley, 2008) Other users view software piracy not as theft but as their right to obtain and share software to benefit everyone else in society. Among computer users it is a widespread belief that the unauthorized duplication of software is not morally reprehensible. When asked in a survey conducted by Robert M. Seigfried sixty-six percent of students from two different colleges said “I think its okay, for people such as myself to copy commercial software from the internet instead of buying it.” (pg. 2) Because the legal system has only advanced so far regarding technological achievements users must rely on other factors to determine their involvement in software piracy, some of those factors being public opinion and academic research. (Zamoon and Curley, 2008) Users weigh the opinions of experts such has college professors and corporations to determine weather software piracy is ethically ambiguous. For software creators and corporations the ethics behind software piracy is one sided, they view it as theft and morally wrong. In 1976 Bill Gates wrote “An Open Letter to Hobbyists”, in it he called the illegal duplication of proprietary software “theft”, and went onto say that users who “steal” software end up hurting the industry by way of discouraging programmers from developing more software for fear of further violations. (“Open Letter to Hobbyists”, 2012)
Zamoon, S., & Curley, S. P. (2008). Ripped from the headlines: What can the popular press teach us about software piracy? Journal of Business Ethics, 83(3), 515-533. doi: http://dx.doi.org/10.1007/s10551-007-9636-5
Robert, M. S. (2004). Student attitudes on software piracy and related issues of computer ethics.Ethics and Information Technology, 6(4), 215-215. doi:http://dx.doi.org/10.1007/s10676-004-33914
Open Letter to Hobbyists (n.d.). In Wikipedia. Retrieved 1 Oct 2012 from http://en.wikipedia.org/wiki/Open_Letter_to_Hobbyists
Steinberg, G. (2008) Introduction to Computer Information Systems. Dubukue, IA: Kendall/Hunt Publishing Co.
Security has become a major topic in the issue of software piracy. With many business’ demanding legislature to protect them legally, they have also begun a campaign to protect their own systems with both cyber and physical security, for example Apple Inc. memorable reluctance to speak about any developments within the organization to the public before formal unveiling. Protection of proprietary software has become the main focus for many business’ now faced with the increasing percentage of software pirated every year. Security is just not the protection of a companies products but also of its workforce, with the lose of revenue business’ terminate employees, and/or out-source jobs to stay competitive. David Krall, president and CEO of Avid Technology, Inc. stated “But for U.S. high-tech employment to keep growing, lawmakers need to ensure that America has a long-term supply of educated, well-trained people.”. (Software Piracy, 2010) Security is a multi faceted concept, reaching from the protection of software to the continued employment of a companies workforce.
Software piracy. (2010). Express Computer, Retrieved from http://search.proquest.com/docview/815265831
The idea of intellectual property rights is something of a newer phenomenon, in the past, published intellectual endeavors have not always been protected under the law. In the United States Article One of the Constitution section eight states “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;” (U.S. Const. A. 1, S. 8) This act ensured patent protection and carries on to this day, however, it was not until the United States passed the Trademark Act of 1870 that trademark protection began in earnest. (Bryan, 2000) Several researchers have concluded that, because of the laws protecting intellectual property, the United States has become a haven for inventors, writers, and artists who wish to secure their rights of ownership. Research has also shown that with patent and copyright protection the United States, or any other country with similar laws, furthers its economic gains. Earlier in this paper the myth that software piracy was protected under the “fair use” exception to the copyright law was presented. The “fair use” exception is a doctrine that allows users to cite software without receiving permission from the owner. There are four factors that determine whether the exception is relevant; (1) the purpose and nature of the use; (2) the character of the copyrighted work; (3) the amount and substantially of the portion used in relation to the whole; and (4) the effect that unauthorized use may have on the value of the work. Many, if not all unauthorized duplications do not meet the final exception. (Robert, pg. 5) From an academic standpoint software piracy is viewed as plagiarism and is punished duly. The legal argument against software piracy can be summarized as, it violates the software owners rights who did not sell ownership of the property, instead only licensed its use. (Zamoon and Curley, 2008)
Constitution of the United States (17 Sept 1787) In The Charters of Freedom. Retrieved 2 Oct 2012 from http://www.archives.gov/exhibits/charters/constitution_transcript.html
Zamoon, S., & Curley, S. P. (2008). Ripped from the headlines: What can the popular press teach us about software piracy? Journal of Business Ethics, 83(3), 515-533. doi: http://dx.doi.org/10.1007/s10551-007-9636-5
Many researchers have determined that a users culture and socio-economic status determines their proclivity towards software piracy. There are several factors to consider when studying cultural impact on software piracy chief among these is parenting, education, religion, and socialization. These four factors determine more then just a users inclination to commit software piracy, they are not the only factors however, laws and governmental structure also help to determine a users readiness. Some researchers have found that Western and Eastern societies view software piracy differently, in addition developed and developing countries have differing views as well. Western cultures value personal rights and a liberal system of government and agree more closely with existing copyright laws. Eastern cultures, such as China and Singapore, weigh social harmony and cooperation above all else and assess their involvement with software piracy socially rather then legally. (Bryan, 2000) Another social aspect to consider is software piracy in developing countries as opposed to developed, where laws are set up and generally followed by the majority because of exacting consequences in violating the law, developing countries have a looser legal system and these societies as stated by Bryan, [they] “do not accept the monopoly claims over intellectual property asserted by business firms.” (Bryan, pg. 201) Culture aids extensively in a users predilection to partake in software piracy, more extensively then covered in this brief overview, because as with any other decision, how a user is educated and their view of the world is all determined by culture.
Bryan, W. H. (2000). The impact of national culture on software piracy. Journal of Business Ethics, 26(3), 197-211. Retrieved from http://search.proquest.com/docview/198104558
