http://www.microsoft.com/Piracy/bsaguide.htm (PC Press Internet CD, 03/1996)Are you responsible for leading an organization-or for supervising your organization's use of computers and software? If so, it's likely that:
Are you an individual who uses computers and software at work? If so, it's likely that:
This guide to software management:
Your acquisition and use of software is governed by copyright law and the license agreement accompanying the software. Therefore, you should be aware that it is a breach of the license agreement and it may be illegal:
Software language is not just about programming, but also about the management and use of original software under copyright law. Here are some definitions of commonly-used terms.
Intellectual property. An original computer program is regarded by law as the intellectual property of the person or company that created it. Computer programs are protected under copyright law, which states that any unauthorized copying of such programs is illegal.
Software license agreement. A software license agreement states the terms of usage, as permitted by the copyright owner, for the specific software product to which it applies. The license agreement accompanying software is stated explicitly in the software documentation or on the computer screen when the program is started. The price of software covers the legal acquisition of the software license and binds the purchaser to use the software only according to the terms and agreements stated in the license.
Unauthorized copying. Unless otherwise stated, the purchase of a software license allows the purchaser to make only one "back-up" copy, to be used in case the original software disk malfunctions or is destroyed. Any other copy of the original software is considered to be an unauthorized copy, and is an infringement of the license agreement and the copyright law which protects software and governs its use.
Software piracy. Software piracy is the term used to describe the unauthorized copying or use of a computer program in any manner other than what is permitted by copyright law or by the author as stated in the software licensing agreement. Any person who engages in software piracy commits an illegal act under general copyright law.
One of the greatest dangers of using unauthorized software is its ability to destroy valuable data. Pirated software swiftly carries the threat of viruses directly to:
Unauthorized software copies lack the quality controls built into original software, making the copies far more prone to computer viruses. Using unauthorized software copies not only puts your computers at risk, but your data resources, financial systems, and all other vital business functions become vulnerable, with high risk of:
Indeed, the only guarantee that comes with unauthorized software copies is the guarantee of no service, no documentation, no technical support, and no quality assurance. The bottom line is that unauthorized software copies do not provide the reliability your organization needs to function efficiently. They are counter-productive to every investment your organization makes in trying to succeed in today's competitive world.
Users of original software are assured of:
On the other hand, users of illegal software copies incur the costs of:
Smart managers know that the performance of hardware (buildings, machines) depends on software (people, ideas). What an organization does with computers depends on the quality of the computer programs it uses and how well its people work with those programs.
Organizations which use original software quickly recognize its true value when they compare its benefits with the costs incurred through the use of unauthorized software copies.
People should be able to concentrate on using original software for creative purposes without having to rely on illegal copies. The only way to ensure this is with effective software management. Software management involves two simple steps:
Make sure people in your organization get the authorized, original software they need to do their jobs as effectively as possible.
Follow-up to ensure that people use these original programs and not illegal copies.
Productive software use makes everyone look good. Illegal software copying anywhere in the organization can cause serious problems for individuals and the entire organization.
Conduct an internal software resources review to record your current software inventory and measure your present and future software needs. Conduct periodic surveys of individual users in your organization and, on a regular basis, find out what software they need to make the most effective use of their personal computers. Included in this Guide are suggested steps for an internal software review and a sample survey form.
Based on the internal software review and additional user input, ascertain the appropriate software profile for each computer in the organization. A typical software profile includes operating system software and application programs for word processing, spreadsheets, and database management. Often, it also includes computer-aided design and desktop publishing, as well as utilities, communications, and programming languages.
of all computers in the organization.
Ensure that the organization acquires a full range of original software-programs in a form fully authorized by license or purchase terms-for the number of computers in use. This software should meet the software profile on each computer so that legitimate needs are fully met.
One of the major pitfalls is a mistaken belief that software is something on which an organization can take financial shortcuts-yet, no one expects to avoid paying for computers. An investment in computers demands a comparable investment in programs.
5 . Deliver software to users when they need it.
If original software is available in principle, but acquisition is bureaucratic, slow, or unduly restrictive, users are deprived of the software they need when they need it. The result is often unauthorized copying and its inherent dangers and costs.
As organizations, users, and software capabilities all change, software needs to change. Keep the organization's software profiles up to date. This may highlight the need to acquire new releases of existing software or new programs. It may also permit the organization to redeploy software no longer needed, to the extent permitted by license agreements.
causes.
Meeting legitimate needs with legitimately-acquired software is the most effective, single means of preventing illegal copying.
Every organization should make it clear that it is fully committed to using original software. The organization should also stress that unauthorized software duplication is a serious offense it is against the law and organizational policy. Sign and publicize, to people inside and outside your organization, the Software Code of Ethics or a similar policy statement. Distribute a memorandum to employees and post a notice on each computer which states your organization's policy on software use and the consequences of violation. Ask individual users to sign a statement acknowledging the organization's policy. Included in this Guide are: The Software Code of Ethics; a sample memorandum to employees; an employee acknowledgment statement; and a computer notice.
organization.
Often the responsible individual will be the manager of electronic data processing or management information services, but it could be a lawyer, financial officer, or accounting professional inside or outside the organization.
A software register, like the sample in this guide, can be a focal point not only for planning, but also for monitoring software use to ensure that only originals are used. The software register identifies each personal computer or workstation with information such as location and authorized user. It then gives each machine's software profile, which lists the software legitimately installed on the computer's hard disk or legitimately used with the machine on floppy disks. In conjunction with the software register, maintain readily available files with the actual software license agreements, as well as invoices and other documents showing its legitimate acquisition. Returning user registration cards to software companies also aids in this process and provides additional service benefits.
Various computer programs, ranging from batch files that run in disk operating systems to full-featured utilities, can be used to identify the programs on the hard disk of a computer or on floppy disks. One particular program is SPAudit, published by the Software Publishers Association. Information about SPAudit is available from the Business Software Alliance. The SPAudit kit includes detailed instructions for use.
Inspections are often most effective when conducted without prior notice. In legal actions by software companies, courts have granted secret orders permitting surprise inspections of organizations suspected of software copying. Be ready for any surprise inspection by conducting your own inspection before outside audits occur. Be accountable for all the software you use.
organizational policy, to ensure that the problem is corrected.
disruptive.
Suggestions: MIS Director, Senior Management/Staff Legal Counsel, Department Heads, Outside Legal Counsel/Auditor.
disk at a later time.
hard disk.
disks.
An employee may be using his or her own purchased software on the office computer. If so, the employee should be required to demonstrate that the software is legitimate and not pirated.
need to be supplied with legitimate software.
Unauthorized duplication of copyrighted computer software violates the law and is contrary to [name of organization] 's standards of conduct. We disapprove of such copying and recognize the following principles to prevent its occurrence:
TO: [Specify distribution]
FROM: [Senior management official or CEO]
SUBJECT: PC software and the law
DATE: [Insert]
The purpose of this memorandum is to remind you of [name of organization]'s policy concerning software duplication. Any duplication of licensed software, except for backup or archival purposes, is a violation of [appropriate national law to be inserted]. Each software program that we license is to be used on only one microcomputer at a time. If the microcomputer has a program loaded on its hard disk, then that particular program, which is serially numbered, should not be loaded on any other hard disk. This means that if a department has 10 microcomputers with that program installed on each, then that department should also have 10 sets of original documentation and system disks.
All microcomputers purchased by us are being supplied with newly licensed copies of [insert name of software programs] installed on them. [Insert name of employee] is responsible for ensuring that each program is properly registered with the software publisher.
The company will not tolerate any employee making unauthorized copies of software. Any employee found copying software other than for backup purposes is subject to dismissal. An employee giving software to any outside third party, including clients or customers, is also subject to dismissal. [If you want to use software licensed by the company at home, you must consult (insert name of manager) before removing the system disks from the premises]. This policy may seem harsh, but unless we enforce a strict policy on software use, we will be exposed to serious legal liability.
[Insert name of manager] will be visiting the departments over the next week to inventory hard disks and to ascertain that original documentation and system disks exist for each copy of a software product installed on a hard disk. If documentation and/or disks are not present, then they will be ordered and charged to that office. Please organize your documentation and system disks for [insert name of manager]'s review.
If you have any questions, please do not hesitate to contact me.
[Organization] policy regarding the use of personal computer software:
I am fully aware of the software use policies of [Organization]; and agree to uphold those policies.
[Employee Signature and Date]
User name ..............................
Date ..............................
User job title...........................
Uses of computer Programs needed Date
1. Operating system .................................................... ...............................
2. Word processing .................................................... ...............................
3. Spreadsheets .................................................... ...............................
4. Database management .................................................... ...............................
6. Desktop publishing .................................................... ...............................
7. Utilities .................................................... ...............................
8. Communications .................................................... ...............................
9. Programming languages .................................................... ...............................
10. Other .................................................... ...............................
Brief rationale for each program
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BSA Hong Kong
11/Fl., Cityplaza 4
12 Taikoo Wan Road
Taikoo Shing
Hong Kong
You can also contact any of the 31 regional BSA anti-piracy hotlines listed below.
008.021.143
32.2.267.1400
11.813.9511
800.263.9700
2.242.8684
215.5677
9800-15677
42.2.683.6964
45.33.14.33.33
33.1.43.33.9595
49.89.317.2473
852.865.3318
011.611.4971
39.2.5501.0413
813.3400.7050
Fax: 813.3400.8558
0800.022.3975
800.3875 toll free, 603.298.5144
52.5.237.1101
31.20.691.5529
800.101.800 toll free, 649.373.2180
47.22.556.010
632.817.3016.20
351.1.356.0011
65.226.0196
27.11.726.5161
900.211.048
46.8.677.5475
41.1.261.8465
02.757.6638
44.628.660.377
44.71.491.1974
800.688.BSA1
582.91.70.93
For additional facts or assistance in carrying out the steps outlined in this guide, please call your local BSA representation or contact the BSA at any of the above offices for further information.
We authorize and encourage you to copy this guide in its entirety and to copy and use sample forms in it so long as you make any copies available free of charge to all recipients.