from
The Free On-line Dictionary of Computing (8 July 2008)
software theft
piracy
pirate
software piracy
software pirate
<legal> The unauthorised duplication and/or use of computer
{software}. This usually means unauthorised copying, either
by individuals for use by themselves or their friends or, less
commonly, by companies who then sell the illegal copies to
users. Many kinds of {software protection} have been invented
to try to reduce software theft but, with sufficient effort it
is always possible to bypass or "crack" the protection, and
{software protection} is often annoying for legitimate users.
Software theft was estimated for 1994 to have cost $15 billion
in worldwide lost revenues to software publishers. It is a
serious offence under the Copyright, Designs and Patents Act
1988, which states that "The owner of the copyright has the
exclusive right to copy the work.".
It is estimated that European software houses alone lose $6
billion per year through the unlawful copying and distribution
of software, with much of this loss being through business
users rather than "basement hackers". One Italian pirating
operation employed over 100 staff and had a turnover of $10m.
It is illegal to: 1. Copy or distribute software or its
documentation without the permission or licence of the
copyright owner. 2. Run purchased software on two or more
computers simultaneously unless the licence specifically
allows it. 3. Knowingly or unknowingly allow, encourage or
pressure employees to make or use illegal copies sources
within the organisation. 4. Infringe laws against
unauthorised software copying because a superior, colleague or
friend compels or requests it. 5. Loan software in order that
a copy be made of it.
When software is upgraded it is generally the case that the
licence accompanying the new version revokes the old version.
This means that it is illegal to run both the old and new
versions as only the new version is licensed.
Both individuals and companies may be convicted of piracy
offences. Officers of a company are also liable to conviction
if the offences were carried out by the company with their
consent. On conviction, the guilty party can face
imprisonment for up to two years (five in USA), an unlimited
fine or both as well as being sued for copyright infringement
(with no limit) by the copyright owner.
Some people mistakenly think that, because it is so easy to
make illegal copies of software, that it is less wrong than,
say, stealing it from a shop. In fact, both actions deprive
software producers of the income they need to continue their
business and develop their products.
Software theft should be reported to the {Federation Against
Software Theft} (FAST).
See also {Business Software Alliance}, {software audit},
{software law}.
(2003-06-17)
from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
PIRACY, crim. law. A robbery or forcible depreciation on the high seas,
without lawful authority, done animo furandi, in the spirit and intention of
universal hostility. 5 Wheat. 153, 163; 3 Wheat. 610; 3 Wash. C. C. R. 209.
This is the definition of this offence by the law of nations. 1 Kent, Com.
183. The word is derived from peira deceptio, deceit or deception: or from
peiron wandering up and down, and resting in no place, but coasting hither
and thither to do mischief. Ridley's View, Part 2, c. 1, s. 3.
2. Congress may define and punish piracies and felonies on the high
seas, and offences against the law of nations. Const. U. S. Art. 1, s. 7, n.
10; 5 Wheat. 184, 153, 76; 3 Wheat. 336. In pursuance of the authority thus
given by the constitution, it was declared by the act of congress of April
30, 1790, s. 8, 1 Story's Laws U. S. 84, that murder or robbery committed on
the high seas, or in any river, haven, or bay, out of the jurisdiction of
any particular state, or any offence, which, if committed within the body of
a county, would, by the laws of the United States, be punishable with death,
should be adjudged to be piracy and felony, and punishable with death. It
was further declared, that if any captain or manner should piratically and
feloniously run away with a vessel, or any goods or merchandise of the value
of fifty dollars; or should yield up such vessel voluntarily to pirates; or
if any seaman should forcible endeavor to hinder his commander from
defending the ship or goods committed to his trust, or should make revolt in
the ship; every such offender should be adjudged a pirate and felon, and be
punishable with death. Accessaries before the fact are punishable as the
principal; those after the fact with fine and imprisonment.
3. By a subsequent act, passed March 3, 1819, 3 Story, 1739, made
perpetual by the act of May 15, 1820, 1 Story, 1798, congress declared, that
if any person upon the high seas, should commit the crime of piracy as
defined by the law of nations, he should, on conviction, suffer death.
4. And again by the act of May 15, 1820, s. 3, 1 Story, 1798, congress
declared that if any person should, upon the high seas, or in any open
roadstead, or in any haven, basin or bay, or in any river where the sea ebbs
and flows, commit the crime of robbery in or upon any ship or vessel, or
upon any of the ship's company of any ship or vessel, or the lading thereof,
such person should be adjudged to be a pirate, and suffer death. And if any
person engaged in any piratical cruise or enterprize, or being of the crew
or ship's company of any piratical ship or vessel, should land from such
ship or vessel, and, on shore; should commit robbery, such person should be
adjudged a pirate and suffer death. Provided that the state in which the
offence may have been committed should not be deprived of its jurisdiction
over the same, when committed within the body of a county, and that the
courts of the United States should have no jurisdiction to try such
offenders, after conviction or acquittal, for the same offence, in a state
court. The 4th and 5th sections of the last mentioned act declare persons
engaged in the slave trade, or in forcibly detaining a free negro or mulatto
and carrying him in any ship or vessel into slavery, piracy, punishable with
death. Vide 1 Kent, Com. 183; Beaussant, Code Maritime, t. 1, p. 244;
Dalloz, Diet. Supp. h.t.; Dougl. 613; Park's Ins. Index, h.t. Bac. Ab. h.t.;
16 Vin. Ab. 346; Ayl. Pand. 42 11 Wheat. R. 39; 1 Gall. R. 247; Id. 524 3 W.
C. C. R. 209, 240; 1 Pet. C. C. R. 118, 121.