Computer software ownership issues...
by Michel H van Baalen

Many computer users worldwide are unknowingly committing a crime every time they use certain software programmes on their PC's...

Now that I have your attention, you probably will say "Never, not me," but read on as there are many issues involved.

Most people do not bother reading the Software License which is included with all software, whether it is bought off the shelf, downloaded from the Internet, or "borrowed" from a friend or even from a family member.

Most Software Licenses will state early on that "You may use the Software on a single computer". That's not difficult to understand but read on and you will read other interesting bits and pieces...

That means that only one computer may ever have the software loaded at any one time... This does not mean that all your computers may have the software loaded at the same time.

It also does not mean that as long as you are using your PC and no-one is using (the same program on) your laptop, at the same time, that you are okay!

The License is clear about this - You have to delete your software from one computer before you may load it onto another, or you have to buy another license which will allow you to load (and use) multiple copies of the software in question.

Now let's look at another quirk in the wonderful world of owning your own software...

You have just spent a couple of hundred bucks on the latest and greatest programme that will design all the graphics you want at the push of a button. After a few months you realize that you actually needed something else...

No problem you say - sell the software to a friend and then buy something else.

Wrong answer - in most cases you do not own the software that you have paid for. What you have in fact purchased was only a License to "use" the software; the software company remains the true legal owner of the software and all its manuals etc...

In some cases you may get written consent from the "true owners" to dispose of your "asset", but many Licenses include the proviso that "In no event may you transfer, assign, lease, sell or otherwise dispose of the Software".

Let's now go back to that latest and greatest auto-graphic programme that we were discussing...

After trying the programme for a few weeks you realize that it does not automatically generate brilliant masterpiece graphics at the (single) push of a button; you have to do some work...

Hey, no problem - Let's return the software and get our money back ... Poor you - the Licence usually has a clear disclaimer built into it such as "we disclaim all warranty of fitness for a particular purpose"...

In addition, the License agreement usually states that you should read the License BEFORE opening the (sealed) manuals and the (sealed) software but some Software companies are now (cleverly) shrink wrapping everything together - this means that (technically) you have already "opened the package" before you have even read the Software License !

I now want you to look beyond the obvious...

If someone cannot "sell" his Software "asset" then technically another person may not "buy" the second-hand software.

But there are people dealing in second-hand software all over my home town you say; Yes, there are, but they are not "legally" entitled to do so.

This now leads into something more sinister - Software Pirating.

Why should I buy my software for $159.95 when I can get the same software (sometimes without a manual) for only $89.95 ?

This is a good (financially sound) question but it is all too often easily answered - you will probably be buying stolen goods. Software that has been "pirated" or "cracked" is legally considered to be akin to stolen property!

"Pirate" Software is an illegal copy that was made by people who had no right to the software in the first place, whereas "cracked" software is basically the same thing but the "security code" has been tampered with as well.

Ah, but no-one will ever know - wrong - as YOU know that what you are doing is illegal. There is also the moral issue here, but some people can live comfortably with that aspect!

In a case like this, if you have unwittingly been party to such a purchase, you are (legally) obliged to advise the true "owner" (the Software company in this case) of the facts associated with your recent acquisition.

Last, but not least, there is also the question of downloadable software. Some of this software is available free of charge but some of it requires that you pay a set amount should you wish to continue using it after 30 days.

If you have such software, have not paid the paltry sum involved and continue to use the product after the 30 day "trial" period you might find that you have also transgressed the law. As the old maxim goes, Buyer Beware !

Nota bene: This article was written as an eye opener on the subject and is not meant to be a full interpretation on the subject of Software Licensing.