Means the code is owned by someone who has the right to sell or license the software to others

Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community

Software enables us to accomplish many different tasks with computers. Unfortunately, in order to get our work done quickly and conveniently, some people make and use  unauthorized software copies. The purpose of this guideline is to provide a brief outline of what you legally can and cannot do with software. Hopefully it will help you better understand the implications and restrictions of the U.S. Copyright Law.

Some Relevant Facts

UNAUTHORIZED copying of software is illegal. Copyright law protects software authors
and publishers, just as patent law protects inventors.

UNAUTHORIZED copying of software by individuals can harm the entire academic community. If unauthorized copying proliferates on a campus, the institution may incur legal liability. Also, the institution may find it more difficult to negotiate agreements that would make software more widely and less expensively available to members of the academic community.

UNAUTHORIZED copying and use of software deprives publishers and developers of a fair return for their work, increases prices, reduces the level of future support and enhancements, and can inhibit the development of new software products.

RESPECT for the intellectual work of others has traditionally been essential to the mission of colleges and universities. As members of the academic community, we value the free exchange of ideas. Just as we do not tolerate plagiarism, we do not condone the unauthorized copying of software, including programs, applications, data bases and code.

THEREFORE, we offer the following statement of principle about intellectual property and the legal and ethical use of software.

The EDUCOM Code

Software and Intellectual Rights

Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgement, right to privacy, and right to determine the form, manner and terms of publication and distribution.

Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.

EDUCOM’s Educational Uses of Information Technology [EUIT] Program encourages the broadest possible adoption of this statement of principle. The EDUCOM Code is intended for adaptation and use by individuals, and educational institutions at all levels.

Classification of Software

In terms of copyright, there are four broad classifications of software:

• Commercial