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Software Piracy
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Software piracy is the illegal reproduction and distribution of software
applications, whether for business or personal use. Many businesses and
organizations do not know that they may be using illegal software. The illegal
distribution and use of software is a significant problem that negatively
impacts everyone. XenoSystems employs state of the art protection solutions and
portfolios that are designed to assure the security and availability of the
technology that powers our customers' businesses—from the desktop to the core
of the network and across the servers that our customers rely on to deliver
their competitive advantage. We want to provide you the information
necessary to ensure everyone lawfully uses our products thereby getting maximum
value from them.
Software piracy is a big problem. Figures
from the Business Software Alliance show the industry loses nearly US$34
billion annually from software piracy. Translated into percentage figures, 35%,
or more than one in every three applications used in business is used
illegally.
XenoSystems is committed to educating its authorized users and when
necessary, bringing those violating our licenses into compliance.
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Types of Software Piracy
Effective Software Management
Where can I buy authorized Software?
Legal Ramifications
Reporting a Case of Software Piracy
Additional Resources
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Types of Software Piracy
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Software piracy is the illegal distribution and/or reproduction of software.
Purchasing software means that you are actually purchasing a license to use the
software – and that license spells out how you may lawfully use that
software. Any use of the software beyond the scope of the license, would
be a violation of the license and possibly, copyright law. Whether
software piracy is deliberate or not, it is still illegal and punishable by
law.
Software Piracy comes in many forms and can include:
End-User piracy:
When users copy software without appropriate licensing for each copy. This
includes both casual copying and distribution between individuals, and
companies who do not strictly monitor the number of software licenses they
install and do not acquire enough licenses to cover their software
installations.
Pre-installed Software: When a computer manufacturer takes one copy of
software and illegally installs it on more than one computer. Consumers should
be on the lookout for proper license documentation when purchasing a new PC, to
ensure they're getting what they paid for.
Internet Piracy: When unauthorized copies are downloaded over the
Internet. If downloads are made available on the Internet, make sure that the
publisher has authorized this distribution.
Internet Piracy can occur in many different facets. These forms include:
- Providing access to software, key generators, activation keys, serial numbers
and the like that permit installation of the software through downloads, burned
CDs, or in the original packaging
- The provider is offering a copy; back-up copies may not be distributed.
- The product offered was previously distributed in violation of an authorized
distributor, reseller, OEM, Academic or other contract.
- The product being offered had previously been used to obtain an upgrade to a
newer version.
- The product is an unreleased or beta version.
- The provider offering certain XenoSystems product is not an authorized reseller
or otherwise licensed to reproduce or distribute XenoSystems software.
XenoSystems regularly monitors the Internet, including auction and P2P sites,
in order to combat any infringement of our rights.
- Linking to or distributing tools that subvert or undermine the copy protections
or time-out functions of software.
Counterfeiting: When illegal copies of software are made and distributed
in packaging that reproduces the manufacturer's packaging. Counterfeit
registration cards with unauthorized serial numbers are often included in these
packages.
Online Auction Piracy: takes several forms, such as:
- Software resold in violation of the original terms of sale, NFR (Not for
Resale), or OEM software that is never authorized for resale by a third party.
- Online distributors offering special deals with the software publisher,
liquidated inventories, or acquisition through bankruptcy sales. These types of
phrases are used to fool consumers into believing that they are getting genuine
product that wouldn't otherwise be discounted.
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Effective Software Management
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An important component to an overall effective software asset management
program is knowing what you have installed. Regular audits can go a long way to
telling you what is installed. Even though you may have policies in place
prohibiting your employees from making unauthorized copies, these policies do
not stop employees from making copies of software.
There are many software audit tools available to
assist you in determining what is installed on your computer
network. Running those tools, and then comparing that information to your
license documentation, is a great first step in determining whether or not you
are in compliance. If you find that you are compliant, congratulations –
you’ve stepped up to the challenge and have done the right thing. If you
find you are not in compliance, now would be the time to acquire the licenses
necessary to get you back in compliance and review your existing software
policy.
XenoSystems has a program in place to get its users into compliance. The one
caveat to this program is that the user must have contacted XenoSystems before
we knew of the alleged piracy at the company. This program is designed to work
cooperatively with the company instead of pursuing legal channels.
For more information on this, please contact piracy.
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Where can I buy authorized Software?
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This is the easy part. Part of knowing that you have authorized software
is knowing where you purchase it from. You can either go to our web site
www.XenoSystems.com or go to one of our many partners.
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Legal Ramifications
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Penalties
Software piracy can subject an individual to arrest and criminal prosecution,
with fines up to US$250,000 and prison terms of up to five years. In civil
cases, XenoSystems can obtain the higher of its lost profits plus the
infringer's profits, or statutory damages of up to US$150,000 per product. In
addition, XenoSystems may seek to recover its attorneys' fees. As many
companies know, the press loves to cover when a company has had to pay
significant fines for having illegal software. Don't be one of them.
XenoSystems will also cooperate with Federal law enforcement authorities such
as the FBI.
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Reporting a Case of Software Piracy
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Software piracy equals lost wages, lost jobs, and unfair competition.
Struggling to fight against piracy, some companies must devote resources to
anti-piracy technology, ultimately slowing down the development of better
products and services. Others fail under the pressure of prices that legal
resellers can't match. Reporting piracy means keeping a level playing field,
and ensuring the most reliable products for your customers.
You can help stop this illegal and harmful activity. Knowing how to spot and
avoid illegal software, and reporting suspected intellectual property
violations when you encounter them, can have a positive impact on the fight
against piracy. Please learn more about this criminal activity, and take
action.
XenoSystems encourages you to "do the right thing" by letting us know of
instances where a business or individual may be illegally using or distributing
our software. Making this report helps us reduce the overall piracy problem,
may allow us to better support and modify existing product, and have the
resources to compensate our developers for those stolen tools. It also ensures
that this business or person does not have an unfair business advantage insofar
has having reduced business expenses because they steal their software
To report an individual or organization you believe is illegally using our
software, or to report an individual or organization you believe is illegally
selling or distributing XenoSystems software, please contact
piracy
You may also send general piracy inquiries to
piracy
Note: all information is confidential and will only be used by the XenoSystems
Piracy Division.
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Additional Resources
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Below are links to information about new technological developments that could
affect the way you purchase and use XenoSystems products and services.
Business Software Alliance (BSA)
The Business Software Alliance (BSA)
represents the world's leading publishers, educates computer users on software
copyrights, advocates public policy that fosters innovation and expands trade
opportunities and fights software piracy.
Canadian Alliance Against Software Theft (CAAST)
Established in 1990, the Canadian
Alliance Against Software Theft (CAAST), is an industry alliance
of software manufacturers that share the common goal of reducing software
piracy. CAAST provides educational information to corporations, consumers,
academic institutions, and resellers about software theft and its implications.
CAAST works with the Business Software Alliance.
Federation Against Software Theft (FAST)
The Federation Against Software
Theft (FAST) was set up in 1984 by the British Computer Society's
Copyright Committee. It was the first software copyright organisation. Its'
first action was to raise the awareness of software piracy and to lobby
Parliament for changes in the Copyright Act 1956 to reflect the needs of
software authors and publishers. This campaign was successful and it has since
been able to influence other legislation that impacts on the proper
safeguarding of software. The work of FAST in this area has directly influenced
the way that software copyright law and investigations are carried out in many
other countries.
Recording Industry Association of America (RIAA)
The Recording Industry Association
of America (RIAA) is a trade association with members who create,
manufacture and/or distribute approximately 90 percent of all legitimate sound
recordings produced and sold in the United States. One of the organization's
primary missions is to safeguard the intellectual property rights of recording
artists and member companies.
Motion Picture Association of America (MPAA)
The Motion Picture Association of
America advocates on behalf of the U.S. film, home video, and
television industries. The organization also provides information about music
publishing, copyright laws and editorial standards.
International Anti-Counterfeiting Coalition (IACC)
The International
Anti-Counterfeiting Coalition (IACC) is the largest multinational
organization devoted solely to combating product counterfeiting and piracy.
Composed of a cross section of businesses and industries, including automotive,
apparel, luxury goods, pharmaceuticals, food, book publishing, software and
entertainment, the IACC is devoted solely to combating product counterfeiting
and piracy. The IACC's members' combined sales exceed $500 billion and account
for more than 10 percent of annual U.S. GNP.
Software and Information Industry Association
The Software and Information
Industry Association (SIIA) is the principal trade association for the
software and digital content industry. SIIA provides global services in
government relations, business development, corporate education and
intellectual property protection to the leading companies that are setting the
pace for the digital age.
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