Legal Issues of Software Piracy

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