introduction to software licensing

Introduction to Software Licensing

• What is Software Licensing?• Benefits of using Licensed Software• Current Situation

What is Software Licensing?

Software Licensing is the legal right to run or the privilege given to you by a company to access their application (or program)

What is Software Licensing?

A license agreement governs the use of licensed software. License agreements typically allow the software to run on a limited number of computers and allow copies to be made, though solely for backup purposes.

Benefits of using Licensed Software

By using Licensed Software, you are able to contribute to the further development of the program you are using. It also helps the economy generate not just computer related jobs, but opportunities for other people / businesses who’s work is much dependent on “written” technology.


Apart from the legal obligation to use Licensed Software, Licensed Software outright comes with support not found in “pirated” software.


Things to ponder about…

How would you feel if your hospital test results were taken using pirated syringes? Or you didn’t know you purchased fake Vitamin C’s?


Things to ponder about…

If you’re a driver – are you sure you’re not using fake license? How about your birth or marriage certificate? What benefit can it help you if you discovered one day that they’re all fake? Or somebody owns these licenses or certificates other than you?

Current Situation

Are you familiar with any of these symbols, logos, boxes, etc?

Current Situation

Clearly visible, Microsoft programs that are sold in sidewalks seems to always be a good buy.

Likewise you can expect, McDonalds products to support you if you buy BigMuck and Apol Pie – just in case you got into trouble.

Current Situation

You might think that everything mentioned here is just about software (or Microsoft). The tendency is that if you extract MP3 from CD’s (or download them from the Internet), or use Torrent to be able to download the latest movies and other “rights-own” media – you are simply contributing to the rate of piracy worldwide.


• Software License and Copyright Law• Proprietary Software• In the Philippines

Software License and Copyright Law

In the United States, Section 117 of the Copyright Act gives the owner of a particular copy of software the explicit right to use the software with a computer, even if use of the software with a computer requires the making of incidental copies or adaptations (acts which could otherwise potentially constitute copyright infringement). Therefore, the owner of a copy of computer software is legally entitled to use that copy of software. Hence, if the end-user of software is the owner of the respective copy, then the end-user may legally use the software without a license from the software publisher.

Accordingly, proprietary software licenses attempt to give software publishers more control over the way their software is used by keeping ownership of each copy of software with the software publisher. By doing so, Section 117 does not apply to the end-user and the software publisher may then compel the end-user to accept all of the terms of the license agreement, many of which may be more restrictive than copyright law alone.

Proprietary Software

Proprietary software is computer software which is the legal property of one party. The terms of use for other parties is defined by contracts or licensing agreements. These terms may include various privileges to share, alter, dissemble, and use the software and its code.

Well known examples of proprietary software include Microsoft Windows, Adobe Photoshop, Corel Draw, Quickbooks, SAP, etc.

Proprietary Software

For example, the rights to develop Windows XP or Microsoft Office 2003 and their release protocols are held by Microsoft. They have the proprietary rights to sell the license to use their products. The code on how Windows XP was developed from step zero to step one hundred is theirs exclusively.

Proprietary SoftwareIn the Philippines, all the software (and hardware) development members of the Business Software Alliance (BSA) are encouraging the legal use and licensing of their softwares.

Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade and e-commerce.

Under US copyright laws, software piracy can result in fines of up to $150,000 for each software title copied. In addition, the government can criminally prosecute for copyright infringement. If convicted, violators can be fined up to $250,000 or given a jail term of up to five years, or both.

In the Philippines

In the Philippines, the Business Software Alliance (BSA) together with The Pilipinas Anti-Piracy Team (PAPT) leads the government-initiated campaign which aims to significantly reduce software piracy in the country and promote respect for Intellectual Property Rights (IPR). PAPT combines BSA, NBI, PNP and Optical Media Board (OMB) in ensuring compliance to software licensing and no to piracy.

In the Philippines

DON'T FORGET that even though The Pilipinas Anti-Piracy Team (PAPT) is mandated to resume their search after the Cebu 2009 countdown, require them to present a search warrant, authorization or mission order. Organizations must present the end-user licensing agreements, certificates of authenticity, invoices and receipts.

LINKS

BSA Members in the Philippineshttp://www.bsa.org/country/BSA%20and%20Members/Our%20Members.aspx

Republic Act No. 8293http://www.papt.org.ph/uploads/file/RA8293%20IP%20Code.pdf

Republic Act No. 9239http://www.papt.org.ph/uploads/file/RA9239%20Optical%20Media%20Act.pdf

The Pilipinas Anti-Piracy Teamhttp://www.papt.org

introduction to software licensing

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