PENN PRINTOUT
The University of Pennsylvania's Online Computing Magazine

PENN PRINTOUT September 1991 - Volume 8:1

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Copying software

Is it legal to copy software?

Only in certain circumstances. The provisions of the software license agreement must be adhered to and will generally prohibit copying. However, some of the software for which a campus-wide site license has been negotiated, and all software placed in the public domain, may be freely copied. Shareware, a distinct category of copyrighted software, may usually be freely copied with the proviso that those who elect to use it send a specified sum to the developer.


Is there a rule of thumb for adhering to copying restrictions for commercial software licenses?

Almost all commercial software licenses specify that you have the right to install the software on only a single computer. Thus, for example, you may not copy a friend's or colleague's copyrighted software for your own use, departments may not copy software for use on multiple machines in the office, and you may not copy software from an office machine for use on a home or portable computer. However, exceptions to the general rule exist, as in the case of the license governing departmental use of WordPerfect, which allows the software to be installed on eight University-owned machines. When in doubt consult the provisions of your "shrink wrap" license agreement or contact the CRC for information on campus-wide site licenses.


What are the penalties for violation of software license agreements?

You or the University might be named as a defendant in a lawsuit. The Software Publishers Association, an organization of software publishers, recently filed its first lawsuit against an academic institution alleging that the University of Oregon illegally copied software. The liability for the university could be substantial. In addition to the potential liability for individuals and universities from such suits, illegal copying of software jeopardizes Penn's ability to negotiate site licenses and discounts with commercial software publishers.