Ethical & Legal Use Of Software

A Guide For Students, Faculty, and Staff at Northwestern Michigan College

Software enables people to accomplish many different tasks with computers. Unfortunately, in order to get their work done quickly and conveniently, some people justify making and using unauthorized copies of software. They may not understand the implications of their actions or the restrictions of the U.S. copyright law.

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 a 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 of software can deprive developers of a fair return for their work, increase prices, reduce the level of future support and enhancement, and inhibit the development of new software products.
Respect for the intellectual work and property 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, databases, and 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 acknowledgment, the right to privacy, and the 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 computing environments. Violations of authorial integrity-including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations-may be grounds for sanctions.

Questions You May Have about Ethical and Legal Use of Software

What do I need to know about software and the U.S. Copyright Act?
Unless it has been placed in the public domain, software is protected by copyright law. The owner of a copyright holds exclusive right to the reproduction and distribution of his or her work. Therefore, it is illegal to duplicate or distribute software or its documentation without the permission of the copyright owner. If you have purchased your copy, however, you may make a backup for your own use in case the original is destroyed or fails to work.
Can I let other people use software I have purchased myself?
If your software came with a clearly visible license agreement, or if you signed the registration card, read the license carefully before you use the software. License agreements can vary considerably from product to product. Some licenses may restrict use to a specific computer. Copyright law does not permit you to run your software on two or more computers simultaneously unless the license agreement specifically allows it. It may, however, be legal to lend your software to a friend temporarily as long as you do not keep a copy.
If software is not copy protected, do I have the right to copy it?
Lack of copy protection does not constitute permission to copy software in order to share or sell it. Copy protection makes it difficult to illegally copy or use licensed software. Copy-protected software may, for example, require you to use a password or enter a serial number before you can run the software. Non-copy-protected software enables you to protect your investment by making a backup copy. In offering non-copy-protected software to you, the developer or publisher has demonstrated significant trust in your integrity.
May I copy software that is available through Northwestern Michigan College so that I can use it more conveniently on my own computer?
Software acquired by NMC is usually licensed. The licenses restrict how and where the software can be legally used by members of the community. This applies to software installed on hard disks and servers at Campus Computing Sites, software distributed on disks by campus information technology providers, software on a campus mainframe, software on a campus central file storage system, and software available through campus networks. Some institutional licenses permit copying for certain purposes.
Isn't it legally "fair use" to copy software if the purpose in sharing it is purely educational?
No. It is illegal for a faculty member or student to copy software for distribution among the members of a class without the permission of the author or publisher. NMC has negotiated agreements that make software available to use or to purchase at special prices. Software available through institutional site licenses or bulk purchases is subject to copyright and license restrictions, and you may not make or distribute copies without authorization. Note that these copyright and license restrictions may also apply to the documentation (for example, a manual) that accompanies the software.

Alternatives to Explore

Software can be expensive. You may think that you cannot afford to purchase certain programs that you need. But there are legal alternatives to unauthorized copying.

Site-Licensed and Bulk-Purchased Software

Northwestern Michigan College has negotiated both site-license and bulk-purchase agreements for your benefit. Software available through institutional site licenses or bulk purchases is subject to copyright and license restrictions.
Shareware

Shareware, or "user-supported" software, is copyrighted software that the developer encourages you to copy and distribute to others. This permission is explicitly stated in the documentation or displayed on the computer screen. The developer of shareware generally asks for a small donation or registration fee if you like the software and plan to use it. By registering, you may receive further documentation, updates, and enhancements. You are also supporting future software development.

Public Domain Software

Sometimes authors dedicate their software to the public domain, which means that the software is not subject to any copyright restrictions. It can be copied and shared freely.
Software without copyright notice is often, but not necessarily, in the public domain. Be aware that you should check public domain software for viruses before copying or using it; be sure to run a current copy of antiviral software on your computer.

Software Use at Northwestern Michigan College

* Northwestern Michigan College is committed to ethical and legal practices in using software. NMC expects members of its community-faculty, staff, and students-to abide by these standards.
* None of the selected software that is available on the NMC Campus Computing Sites may be copied unless permission to do so is explicitly stated on the disk or software program itself.
* Northwestern Michigan College currently makes it possible for faculty, staff, and students to buy protected software at discounted prices through the Bookstore. Special purchase agreements on popular software will continue to be sought in order to provide the University community access to software at reduced prices.
* If you have any questions about the policy described in this brochure or about Northwestern Michigan College's policy regarding software use, contact Information Technology Services by phone at 231-995-1044 or in person at the ITS Office in the basement of the Administration Building.

Restrictions on the use of software vary widely from manufacturer to manufacturer. You should carefully check each piece of software and the accompanying documentation and license agreement before using a program.

At NMC, you have a right to:

a safe and secure computing environment for College purposes only-through shared networks or negotiated contracts that make software more affordable for students, faculty, and staff
protection of intellectual products and property from misuse and abuse

Exercise your responsibility to the community.

Do not receive and use copies of software unless they are authorized for your use and make unauthorized copies of software for others to use

Responsible use will enhance the college's ability to negotiate the license and pricing agreements that will benefit the campus as a whole.