Computer underground Digest Sun Dec 6, 1992 Volume 4 : Issue 63 ISSN 1066-632X Editors: Ji

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Computer underground Digest Sun Dec 6, 1992 Volume 4 : Issue 63 ISSN 1066-632X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Copy Editor: Etaion Shrdlu, Junior CONTENTS, #4.63 (Dec 6, 1992) File 1--Taking a Look at the SPA File 2--What is the Software Publishers' Association (SPA)? File 3--SPA "Rap Video" - "Don't Copy that Floppy" Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost from The editors may be contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115. Issues of CuD can also be found in the Usenet news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG, and DL0 and DL12 of TELECOM; on Genie in the PF*NPC RT libraries; from America Online in the PC Telecom forum under "computing newsletters;" on the PC-EXEC BBS at (414) 789-4210; in Europe from the ComNet in Luxembourg BBS (++352) 466893; and using anonymous FTP on the Internet from ( in /pub/cud, ( in /cud, ( in /pub/mirror/cud, and ( in /pub/text/CuD. European readers can access the ftp site at: pub/doc/cud. Back issues also may be obtained from the mail server at COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Some authors do copyright their material, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Sun, 6 Dec 92 11:43:38 CST From: Jim Thomas Subject: File 1--Taking a Look at the SPA Software piracy--the unauthorized reproduction of copyright software--raises *complex* ethical and legal questions. Piracy ranges from mass reproduction and distribution of unauthorized programs or disks intended for re-sale--some call this "bootlegging" rather than piracy--to simply copying a game one has legitimately obtained so that it may be played on a computer in both the den and bedroom. The Software Publishers' Association (SPA) is an organization as dedicated to eradicating "piracy" as the most hawkish cold warrior was to erasing the "Evil Empire." The SPA argues that any reproduction of a copyright program is theft and those who engage in such copying are criminals. Their strict interpretation of "one program per machine" would make a criminal of the father who purchases a game for his child and installs it on two home computers. Their advertisements in trade journals and elsewhere raises the threat of severe criminal penalties for copying. For example, a full-page color ad in PC Magazine depicts three burly and mean looking prisoners surrounding a small, meek, middle-aged nerd with the caption: "The S.P.A. wants you to pay for your network software one way or the other." In another trade journal, a full-page black-and-white ad shows a pair of handcuffs under the caption: "Copy software illegally and you could get this hardware absolutely free." The June 17, 1991, cover of Information Week depicts a 1940s' style super-hero style drawing of an SPA agent bursting through the office doors, saying: "Nobody move! Keep your hands away from those keyboards!" A male officer worker says: "Oh my gosh! It's the SPA!!" His female companion responds: "QUICK! Stash the disks!!" The messages clearly convey the impression that the SPA has attempted to establish itself as a para-legal police force with powers to apprehend and prosecute. Some critics view this as techno-vigilante justice and feel that the SPA oversteps ethical boundaries by encouraging informants and by indiscriminately criminalizing *all* forms of "unauthorized" copying. SPA supporters argue that such tactics are necessary to protect program authors from rip-off. The SPA has aggressively taken its position to the public through press releases and news stories. Two recent articles typify how the organization has staked out the terrain of the debate and shaped the issues. A recent New York Times story ("As Piracy Grows, the Software Industry Counterattacks," NYT, Nov. 8, 1992. P. F-12, by Peter F. Lewis) contends that software "thievery" will cost the industry the software industry $10 to $12 billion in 1992. The validity of the calculation of the costs goes unchallenged, the distinction between the casual copier and professional bootleggers is ignored, and the emphasis of the story focuses on the home copier. The story relies on SPA information and spokespersons, particularly Ken Wasch, executive director of the SPA. The terms "theft" and "stealing" are liberally used, and there is no attempt to present alternative views of the serious issues that software piracy raises. A small town paper (DeKalb (Ill.) Daily Chronical: "Software Police can come Knocking Quickly," Nov. 15, 1992: p. 25) presents a grimmer picture of piracy. It focuses on the extreme cases of gross abuse of software copying that the SPA investigated and settled, and then shifts to the small user. It cites SPA figures indicating that since its founding in 1984, the SPA has conducted 75 raids and filed 300 lawsuits. Both articles, and others like them, frame the piracy problem as one of theft and emphasize the "police power" of the SPA. The message is simple: If you copy software, you risk criminal penalties. If a software program, whether conventional copyright or shareware, is used regularly, then the user is ethically obligated to pay for it. But, the SPA's narrow interpretation of shrink-wrap licenses, "one machine, one program," and "theft" raise many questions. CuD's position is that there are clear boundaries between acceptable and unacceptable copying, and much gray area in between. For us, there is considerable room for debate over that gray area and where the lines should be drawn. There are a number of solid reasons why reproduction or sharing of others' copyright software should be allowed, just as reproduction of videos, zeroxing articles, taping audio cassette music, and other forms of reproduction are considered acceptable. In this issue, CuD reproduces the SPA's statement of purpose (File 2) and excerpts from its anti-piracy "rap" video (File 3). In coming issues, we will examine the issues and philosophy underlying the SPA's tactics in protecting copyright. Our goal is to encourage debate and we welcome readers' thoughts on the subject. ------------------------------ Date: Sun, 6 Dec 92 11:22:38 CST From: Jim Thomas Subject: File 2--What is the Software Publishers' Association (SPA)? ((MODERATORS' NOTE: The following description of the SPA is a file written by the SPA and available for downloading from the SPA forum on Compuserve)). ++++++ What Is the Software Publishers Association? The Software Publishers Association (SPA) is the principal trade association of the microcomputer software industry. Founded in 1984 by 25 firms, the SPA now has more than 900 members, which include the major business, consumer and education software companies and smaller firms with annual revenues of less than $1 million. The SPA is committed to promoting the industry and protecting the interests of its membership. The SPA has two membership categories: full and associate. Software firms that produce, release, develop or license microcomputer software and are principally responsible for the marketing and sales of that software are eligible to apply for full membership status. Firms that develop software but do not publish are also eligible. Associate membership is open to firms that do not publish software, but provide services to software companies. These members include vendors, consultants, market research firms, distributors and hardware manufacturers. Business, Consumer, and Education Sections Full SPA members can choose to be part of the Business, Consumer, and Education Sections by contributing 25% of their dues to one or more of these specialized subgroups. Section participation comes free with membership, and it entitles members to information on a specific segment of the industry. Many members devote all 25% of their dues to one section, and some elect to join all three sections. Either way, you will be invited to participate in section meetings, projects, the planning of SPA meeting sessions, and other activities related to specific software markets. Business Section: The Business Section comprises the largest subgroup of the SPA membership, with representative companies ranging from small start-ups to some of the largest software firms. The group focuses many of its activities and meetings on licensing and managing software assets, as well as tax-related issues. The Business Section also played an integral role in developing the SPA Resource Guide for Developing Your Software Business, which is collection of articles covering key issues in the industry such as marketing, distribution, PR, and finance. Consumer Section: The Consumer Section is comprised of publishers of consumer games, recreation software, home productivity programs, as well as other companies specializing in consumer software. The Consumer Section will be offering free to its members the results of its End-User survey, which will scrutinize hardware and software purchases of 1500 households with computers. The Section also publishes a quarterly newsletter focusing on consumer software issues. The group meets several times a year at SPA meetings and trade shows, including Summer and Winter CES, to discuss projects and issues affecting the consumer software industry. Education Section: With member companies publishing software for the K-12 and higher-education markets, the Education Section plays an active role in this segment of the industry. Past projects have included a School Software Survey, the Education LAN Survey, the Report on the Effectiveness of Microcomputers in Schools, among others. Programs are also being developed to promote awareness of software piracy amongst teachers and students. The Education Section comes together at SPA meetings and other educational conferences throughout the year. International Activities SPA Europe was created to promote and provide services to the European software industry. Now in its second full year of operation, SPA Europe represents more than 100 European software publishers, re-publishers, distributors, SPU manufacturers, and other industry-related firms, in 15 different countries from Iceland to Turkey. Companies interested in joining SPA Europe should contact the membership department at: SPA Europe 2 Place de la Defense World Trade Center, CNIT BP 416 92053 Paris La Defense, France Tel: 33-(1) 46 92 27 03/04 Fax: 33-(1) 46 92 25 31 Programs and Benefits SPA Semiannual Conferences: The SPA meets twice a year, on the east coast in the Fall and on the west coast in the Spring. The conferences, which attract more than 1000 attendees, offer members an opportunity to meet with industry leaders and executives. Attendees participate in informative sessions, discuss issues and mobilize their efforts in committee meetings, which focus on the consumer, education and business markets. European Conference: The European conference, hosted by SPA Europe, is an opportunity to meet with more than 350 peers in an informal setting. It also offers a chance to learn more about the European software industry and the forces that drive international markets. For the past 3 year, the European Conference has been held in Cannes, France. Market Research Program: Each month, participating publishers receive detailed market sales reports. Members use the SPA's monthly aggregate sales reports to track software industry trends, the relative sizes of market segments and their own market share. Members that participate in this market research program submit sales figures and information to the national accounting firm of Arthur Andersen & Co. in Washington, D.C., The reports are available only to the SPA members who share their confidential sales figures and information. Individual company sales data is not disclosed. According to many of the SPA's members, the reports are the most reliable source of market data available to the industry. Salary Survey: The SPA conducts the software industry's most extensive salary survey. The annual survey focuses on human resource practices, and short and long term compensation for more than 30 positions common to companies in our industry. Participants receive the survey results free of charge. CEO Roundtable: Chief Executive Officers of member companies meet in small groups with other CEOs of non-competitive firms to discuss informally a wide range of business problems including marketing, personnel and breaking into the distribution channel. Contracts Reference Disk and Manual: The Contracts Reference Disk and Manual (CRD) is a compendium of legal contracts used in the software industry. Although it is not intended to replace an attorney, it is an indispensable tool that includes everything from nondisclosure agreements to site-licensing agreements. It costs $300 for nonmembers, but is free to members. Lobbying: The SPA provides industry representation before the U.S. Congress and the executive branch of government and keeps members up-to-date on events in Washington, D.C., that effect them. The fight against software piracy is among its top priorities. The SPA is the industry's primary defense against software copyright violators both in the United States and abroad. Litigation and an ongoing advertising campaign are ways in which the SPA strives to protect the copyrights of its members. SPA Newsletter and Complimentary Subscriptions: Members receive the SPA News on a monthly basis. The newsletter updates members on SPA programs and activities. Special features include start-up success stories and "country profiles" covering international marketing and distribution issues. In addition, members receive complimentary subscriptions to industry publications, including Jeffrey Tarter's Soft*letter, Digital Information Group's Software Industry Bulletin and Broadview Associates' Perspectives. Award Programs: The SPA Excellence in Software Awards recognize products that have achieved a high level of excellence, as determined by the SPA members. They are the software industry's version of the movie industry's Oscars. Members vote to award prizes in 25 categories, including best software program, best entertainment, best business application, best home learning and best new use of a computer. The winners receive national publicity. The Sales Certification Program awards certifications to software products that reach outstanding sales levels of 500,000; 250,000; 100,000; and 50,000 units sold. Gelfand, Renner & Feldman, the accounting firm that manages the Recording Industry of America's certifications, conducts the sales audits for the SPA. Special Interest Groups (SIG) All SPA members may choose to join any number of Special Interest Groups (SIGs). Each SIG maintains individual memberships (unlike the SPA membership, which is corporate) with dues of at least $100 per person per SIG. All SIGs are member driven. While some SIGs have chosen to produce reports, initiate projects, and assemble sessions at SPA conferences, others use the group as a forum for information exchange, discussion and networking. Refer to each SIG description for its specific activities. All SIGs meet formally at least twice a year at SPA conferences. Some SIGs meet more frequently at other industry trade shows, such as COMDEX and CES. CD SIG: The CD SIG was formed to promote the CD as a viable medium in the computer industry. Through a better understanding of the implications of this emerging technology, this SIG plans to assist members in planning and profitably executing CD programs. International SIG: As a coalition of software publishers and distributors involved in international markets, the International SIG seeks to provide members with information on creating partnerships and business alliances in overseas markets. The SIG aims to help its members develop and sustain profitable international sales and operations through reports, resource guides and international sessions at SPA conferences. Macintosh SIG: The Macintosh SIG consists of Macintosh software vendors that work to facilitate the sharing of information and resources. The SIG promotes the common business interests of companies developing, publishing, marketing or reporting on products for the Apple Macintosh computer. Marketing SIG: The Marketing SIGs goal is to promote successful marketing in the PC software industry by allowing participants to share information and ideas regarding relevant marketing issues. SIG projects have included a biannual marketing newsletter, planning the marketing bootcamps at SPA conferences, and a collection of 450 tips called "The Do's and Don'ts of PC Software Marketing." Pen Computing SIG: The Pen Computing SIG offers players in this emerging market an opportunity to network and discuss issues relevant to pen computing. The SIG aims to promote awareness of pen computing in the industry and acts as an information source for companies involved in this emerging technology. Public Relations SIG: The PR SIG offers public relations professionals within the SPA and the software industry an opportunity to share information, network and discuss common concerns. Software Production Services SIG: Formerly the Packaging SIG, the Software Production Services SIG was recently reorganized to meet the needs of packagers and publishers alike. The group intends to act as an information source for its members, and broaden its focus to include translation, distribution, project management, as well as packaging issues. Workgroup Computing SIG: The newly-formed Workgroup Computing SIG aims to foster the growth of groupware capabilities and market acceptance by enabling vendors of PC LAN products to share information on issues related to this emerging segment of the industry. The Workgroup SIG is currently soliciting new members who have an interest in groupware technology. Is it Okay to copy my colleague's software? No, it's not okay to copy your colleague's software. Software is protected by federal copyright law, which says that you can't make such additional copies without the permission of the copyright holder. By protecting the investment of computer software companies in software development, the copyright law serves the cause of promoting broad public availability of new, creative, and innovative products. These companies devote large portions of their earnings to the creation of new software products and they deserve a fair return on their investment. The creative teams who develop the software programmers, writers, graphic artists and others also deserve fair compensation for their efforts. Without the protection given by our copyright laws, they would be unable to produce the valuable programs that have become so important in our daily lives: educational software that teaches us much needed skills; business software that allows us to save time, effort and money; and entertainment and personal productivity software that enhances leisure time. That makes sense, but what do I get out of purchasing my own software? When you purchase authorized copies of software programs, you receive user guides and tutorials, quick reference cards, the opportunity to purchase upgrades, and technical support from the software publishers. For most software programs, you can read about user benefits in the registration brochure or upgrade flyer in the product box. What exactly does the law say about copying software? The law says that anyone who purchases a copy of software has the right to load that copy onto a single computer and to make another copy "for archival purposes only." It is illegal to use that software on more than one computer or to make or distribute copies of that software for any other purpose unless specific permission has been obtained from the copyright owner. If you pirate software, you may face not only a civil suit for damages and other relief, but criminal liability as well, including fines and jail terms of up to one year. So I'm never allowed to copy software for any other reason? That's correct. Other than copying the software you purchase onto a single computer and making another copy "for archival purposes only," the copyright law prohibits you from making additional copies of the software for any other reason unless you obtain the permission of the software company. At my company, we pass disks around all the time. We all assume that this must be okay since it was the company that purchased the software in the first place. Many employees don't realize that corporations are bound by the copyright laws, just like everyone else. Such conduct exposes the company (and possibly the persons involved) to liability for copyright infringement. Consequently, more and more corporations concerned about their liability have written policies against such "softlifting". Employees may face disciplinary action if they make extra copies of the company's software for use at home or on additional computers within the office. A good rule to remember is that there must be one authorized copy of a software product for every computer upon which it is run. Do the same rules apply to bulletin boards and user groups? I always thought that the reason they got together was to share software. Yes. Bulletin boards and user groups are bound by the copyright law just as individuals and corporations. However, to the extent they offer shareware or public domain software, this is a perfectly acceptable practice. Similarly, some software companies offer bulletin boards and user groups special demonstration versions of their products, which in some instances may be copied. In any event, it is the responsibility of the bulletin board operator or user group to respect copyright law and to ensure that it is not used as a vehicle for unauthorized copying or distribution. What about schools and professional training organizations? The same copyright responsibilities that apply to individuals and corporations apply to schools and professional training organizations. No one is exempt from the copyright law. I'll bet most of the people who copy software don't even know that they're breaking the law. Because the software industry is relatively new, and because copying software is so easy, many people are either unaware of the laws governing software use or choose to ignore them. It is the responsibility of each and every software user to understand and adhere to copyright law. Ignorance of the law is no excuse. If you are part of an organization, see what you can do to initiate a policy statement that everyone respects. Also, suggest that your management consider conducting a software audit. Finally, as an individual, help spread the word that the users should be "software legal." The Software Publishers Association produces a Self-Audit Kit that describes procedures appropriate for ensuring that a business or organization is "software legal." For a free copy of the Self-Audit Kit, including a sample corporate policy statement and "SPAudit," a software management tool, please write to the following address. Please specify the format (DOS or Macintosh) and disk size (3.5" or 5.25" for DOS) with your request. "Self-Audit Kit" Software Publishers Association 1730 M Street, NW, Suite 700 Washington, D.C. 20036 (800) 388-7478 Special thanks to Aldus Corporation for their contribution to this brochure. We urge you to make as many copies as you would like in order to help us spread the word that unauthorized coping of software is illegal. THE LAW Software is automatically protected by federal copyright law from the moment of its creation. The rights granted to the owner of a copyright are clearly stated in the Copyright Act, which is found at Title 17 of the US Code. The Act gives the owner of the copyright the exclusive rights to "reproduce the copyrighted work" and "to distribute copies ... of the copyrighted work" (Section 106). It also states that "anyone who violates any of the exclusive rights of the copyright owner ... is an infringer of the copyright" (Section 501), and sets forth several penalties for such conduct. Persons who purchase a copy of software have no right to make additional copies without the permission of the copyright owner, except for the rights to (i) copy the software onto a single computer and to (ii) make "another copy for archival purposes only, which are specifically provided in the Copyright Act (Section 117). Software creates unique problems for copyright owners because it is so easy to duplicate, and the copy is usually as good as the original. This fact, however, does not make it legal to violate the rights of the copyright owner. Although software is a new medium of intellectual property, its protection is grounded in the long-established copyright rules that govern other more familiar media, such as records, books, and films. The unauthorized duplication of software constitutes copyright infringement regardless of whether it is done for sale, for free distribution, or for the copier's own use. Moreover, copiers are liable for the resulting copyright infringement whether or not they knew their conduct violated federal law. Penalties include liability for damages suffered by the copyright owner plus any profits of the infringer that are attributable to the copying, or statutory damages of up to $100,000 for each work infringed. The unauthorized duplication of software is also a Federal crime if done "willfully and for purposes of commercial advantage or private financial gain." Criminal penalties include fines of as much as $250,000 and jail terms of up to 5 years. USE OF SOFTWARE Anyone who purchases a copy of software has the right to load it onto a single computer and to make another copy "for archival purposes only." It is illegal to load that software onto more than one computer or to make copies of that software for any other purpose unless specific permission has been obtained from the copyright owner. The law applies equally, for example, to a $25 game and a $750 project management program. Each product reflects a substantial investment of time and money by many individuals. Software development involves a team effort that blends the creative talents of writers, programmers and graphic artists. Piracy diminishes the value of a program and further, deprives the developers of fair compensation. Software piracy inhibits innovation. The software industry is filled with new developers trying to break into a crowded market. They can survive only if their products are purchased. Each theft makes staying in business more difficult. RENTAL OF SOFTWARE It has always been illegal to rent unauthorized copies of software. However, concern over the fact that the rental of authorized or original software frequently resulted in the creation of pirated software led Congress to enact the Software Rental Amendments Act of 1990 (Public Law 101-650), which now prohibits the rental, leasing, or lending of original copies of any software without the express permission of the copyright owner. Consequently, it is important to recognize and comply with this clarification of the copyright law. USE OF SOFTWARE BY SCHOOLS Public or private educational institutions are not exempt from the copyright laws. To the contrary, because of their unique position of influence, schools must remain committed to upholding the copyright laws. Just as it would be wrong to buy one textbook and photocopy it for use by other students, it is wrong for a school to duplicate software (or to allow its faculty or students to do so) without authority from the publisher. Some people claim that software publishers should allow schools to copy programs because it is the only way some school systems can afford to provide enough software for their students. However, the acquisition of software is no different than any other product or service required by a school. Schools purchase books, audio-visual equipment and classroom furniture, and they pay a fair price for them. Newer and better software can be developed only if the software development team receives a fair price for its efforts. Many software firms offer special sales arrangements to schools. These include discounts for additional copies of programs, reduced-priced lab packs (a quantity of programs sold together) and site license agreements (an arrangement that allows a school to make a specified number of copies for one location at a fixed price). Schools should make every effort to uphold the law, because it is by their example that students will learn to have respect for intellectual property. USER GROUPS The personal computer industry owes much of its success to the proliferation of user groups. These groups provide a valuable service as forums for sharing computing experience and expertise. User groups should, however, ensure that their meetings are not used to promote illegal duplication or distribution of software. The unauthorized duplication or distribution of software by user groups or at user group meetings places many people in a vulnerable position. The individuals who duplicate or distribute software, as well as the user group itself and the owner of the meeting place, may be held responsible as copyright violators. A close relationship between user groups and the software publishing community is mutually beneficial. User groups should encourage ethical software use among their members. Likewise, software publishers should respond to users' needs for proper support and updates. BUSINESS USERS In the workplace, softlifting is characterized by two common incidents: extra copies of software are made for employees to take home, and extra copies are made for the office. Both situations mean a greater number of computers can run more copies of the software than were originally purchased. Unless a special arrangement has been made between the business user and the publisher, the user must follow a simple rule: one software package per computer. This means that a copy of software should be purchased for every computer on which it will be used. For example, if the business has 10 computers on which employees use spreadsheet software, it must purchase 10 copies of such software. If there are 25 secretaries using word processing software on their computers, each secretary must have a purchased copy, etc. Another option that has proven successful is for firms to enter into special site licensing purchase agreements with publishers. These agreements compensate the publishers for the lost sales they might have made on a package-by-package basis because the company agrees to pay a certain amount for a specific number of copies they will make and not exceed on site. At the same time, they eliminate the possibility that copyright violations will occur. By buying as many programs as it will need, a company removes the incentive for employees to make unauthorized copies. Adhering to these rules will pay off in the long run, because a firm that illegally duplicates software exposes itself to tremendous liability. Many software applications are sold in "Local Area Network" (LAN) versions. If your company has a LAN, be sure to follow the publisher's guidelines for the use of software on the LAN. It is a violation of the copyright laws and most license agreements to allow a single-copy version of software on a LAN to be simultaneously accessed by more than one user. Finally, it has been found that when companies enact a policy statement stating their intention to ensure employee compliance with copyright regulations, the risk of software piracy is reduced. A sample corporate policy statement is included on the back panel of this brochure. REPORTING COPYRIGHT VIOLATIONS The SPA has established a special toll free number for reports of copyright violations: 1-800-388-7478. The SPA has filed many lawsuits against individuals and companies engaged in the unauthorized duplication of PC software and will continue to do so when it becomes aware of situations that warrant such action. SPA MATERIALS The SPA has a variety of materials about the legal use of software. Our Self-Audit Kit describes procedures appropriate for ensuring that a business or organization is "software legal." The Kit includes SPAudit, a software management tool, and is available free of charge to businesses and organizations (DOS or Macintosh versions). In addition, the SPA has a 12 minute videotape on the subject of software piracy entitled "Its Just Not Worth The Risk." The video is a useful tool for instructing business users about the legal use of software products and is available for $10. We also publish additional brochures and a poster on the subject of software piracy. Please call or write the SPA if you are interested in obtaining any of these materials. CONCLUSION Most people do not purposely break the law. They would never consider stealing money from someones pocket. But those who copy software without authorization are stealing intellectual property and they should understand the consequences of their actions. If you are an individual user, don't break the law. Everyone pays for your crime. If you are part of an organization, see to it that your organization complies with the law, and that it issues an appropriate policy statement that is signed and respected by all involved. SAMPLE CORPORATE POLICY STATEMENT Company/Agency Policy Regarding the Use of Microcomputer Software 1. (Company/Agency) purchases or licenses the use of copies of computer software from a variety of outside companies. (Company/Agency) does not own the copyright to this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it for use on more than one computer. 2. With regard to use on local area networks or on multiple machines, (Company/Agency) employees shall use the software only in accordance with the license agreement. 3. (Company/Agency) employees learning of any misuse of software or related documentation within the company shall notify the department manager or (Company's/Agency's) legal counsel. 4. According to the US. Copyright Law, illegal reproduction of software can be subject to civil damages of as much as $100,000 per work copied, and criminal penalties, including fines and imprisonment. (Company/Agency) employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. (Company/Agency) does not condone the illegal duplication of software. I am fully aware of the software protection policies of (Company/Agent) and agree to uphold those policies. Employee Signature and Date SOFTWARE PUBLISHERS ASSOCIATION 1730 M St., NW, Suite 700 Washington, D.C. 20036 Phone: 202-452-1600 Fax: 202-223-8756 Piracy Hotline-1-800-388-7478 Everyone benefits from a healthy computer software industry. With each passing year, evolving software technology brings us faster, more sophisticated, versatile and easy-to-use products. Business software allows companies to save time, effort and money. Educational computer programs teach basic skills and sophisticated subjects. Home software now includes a wide array of programs that enhance the user's productivity and creativity. Computer graphics have turned PCs into a veritable artist's palette, and new games are increasingly inventive. The industry is thriving and users stand to benefit along with the publishers. Along the way, however, the problem of software theft has developed, and threatens to impede the development of new software products. Romantically called "piracy," the unauthorized duplication of software is a Federal offense that affects everyone: large and small software publishers and legitimate users. Even the users of unlawful copies suffer from their own illegal actions. They receive no documentation, no customer support and no information about product updates. When a few people steal software, everyone loses. This guide is intended to provide a basic understanding of the issues involved in ethical software use. It will tell you what the laws are, how to follow them and why you should adhere to them. We encourage you to make and distribute copies of this brochure. This guide is only one component of an ongoing effort by the Software Publishers Association to increase public awareness of software piracy. If you have any questions about the legal use of software, or would like additional copies of this pamphlet, please call the Software Publishers Association at (202) 452-1600. ------------------------------ Date: Sun, 6 Dec 92 11:21:54 CST From: Jim Thomas Subject: File 3--SPA "Rap Video" - "Don't Copy that Floppy" ((MODERATORS' NOTE: We share with the SPA the need to educate the future generation of computer users about computer ethics. However, the video "Don't Copy that Floppy" reminded us of the cyber version of "Reefer Madness," the camp anti-marijuana film of the 1930s. What follows are excerpts from their video, although parts of the rap were audibly unintelligible. The central thesis of the video is that if people copy floppies, the computer industry will die. The accuracy of this claim will be examined in a future issue, but it should be noted that the games the video chooses as examples, including tetris and the Where is...Carmen series are among the most copies and among the most successful games, suggesting that their claim is somewhat over-stated. The question we raise is this: If we agree that computer ethics should be taught in the schools, what should the content be and how should it be delivered? We are rather uncomfortable with "propagandizing" being "taught" without competing views and without raising the seriousness of the issues. We invite comments)). +++++++++ DON'T COPY THAT FLOPPY . Female: It's almost fourth period, and I do not want to get caught in here. Male: But Jane, hold up. Look. I brought a disk, and we could *copy* this, and we could play it on my brother's computer. Female: OK, no problem. All we gotta do is Male: Are you *sure you know what you're doing? Now I know you love the game and that's all right to do, Because the posse who makes them, they love them too. But if you start stealin', there's no more they can do.... Male: But I just wanted to make one copy. Rapper: You say I'll just make a copy for me and a friend. Then he'll make one and she'll make one and where will it end? One leads to another, then they make more And no one buys anything from the store. So no one gets paid, and they *can't* make more. The posse Don't copy..... Don't copy...that floppy! So let me break this down for you. No Carmen San Diego, No more Oregon Trail. Tetris and the others, They're all going to fail. Not because we want it, but because you been takin' it, Disrespectin' of the folks who are making it. The male and female discuss the issues for a few minutes, and the female argues that copying is wrong and against the law. The rapper returns, urging viewers to buy more software and that doing so will build the future. The male announces that he has some money left from his summer job, suggesting that he will use it to go out and buy a computer game (with a manual). And, fourth period be damned, they play another game (on presumably is a pirated game on the school computer). (end of video) ------------------------------ End of Computer Underground Digest #4.63 ************************************


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