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Introduction
This document is an introductory guide to software licensing and copyright for all computer users at the ANU.
This guide contains information about:
• software licensing at the ANU
• the Business Software Association of Australia (BSAA)
• information on penalties for software piracy
• a list of frequently asked questions
Software is the intellectual property of the developers and they rightfully expect to be paid for their software and to have the licence conditions met. Computer software is covered in Australia by the Copyright Act, 1968.
The University requires that all users respect the licensing conditions for computer software on all machines they use - either on campus or on off-site machines provided by the University (eg. Laptops).
Software piracy is an offence which carries significant penalties.
The ANU has a "no tolerance" policy in regard to software piracy: it is a crime and can expose staff to disciplinary measures and/or legal action. If you knowingly infringe software copyright, you may be held personally liable and the University may not indemnify you.
As a computer user you should not:
• download software to your machine unless you are sure the licence for the software has been purchased for your machine, or that no license is required.
• copy licensed software from your University machine for use at home without permission of your supervisor or business manager. Some software is licensed for use by a single person at both office and home, but most is not.
• use the software on your machine in ways that breach the licensing conditions.
If you are unsure whether software on your computer is licensed, you should send a written memorandum to your supervisor, detailing the software on your machine that you are concerned about. Keep a copy of the memorandum as evidence that you have acted responsibly.
If you become aware of any illegal copying that occurs in your area, you must report it to your business manager or head of department.
There is no standard procedure across campus for ensuring the legitimacy of all installed software. Each area has its own procedure for keeping track of software licences. To satisfy a software audit areas will have to show they have taken reasonable steps to prevent infringement.
If individual users purchase software they are responsible for keeping a record of the licences or ensuring the information is recorded centrally.
The Business Software Association of Australia (BSAA)
The BSAA was formed in 1989 and is affiliated with the Business Software Alliance (BSA) which operates in more than 60 countries. The BSA is made up of member and associate member companies who together represent more than 80% of the PC and Mac software market. Members include Adobe, Novell, Microsoft and Lotus.
The BSAA combats piracy through education (seminars, brochures, media releases), assistance to users and managers, cooperation with the federal police, and litigation.
Members of the BSAA are often able to obtain warrants to conduct extensive customer audits.
BSAA members have already taken legal action against more than a dozen companies and institutions. Damages in excess of $100,000 have been awarded in some cases.
Criminal penalties for software piracy are severe. They include fines of up to $93,500 for individuals, and $467,500 for corporations, and up to five years imprisonment for offenders.
In addition to these penalties, civil action can be brought by software copyright owners against the individual or company where damages are unlimited.
Some Frequently Asked Questions
What if the terms of the licence are unclear, how can I obtain a "plain English" interpretation?
If the suppliers cannot provide a written document or adequate telephone advice, contact the DOI Software Admin team at software@anu.edu.au, which will attempt to get the information for you. DOI may publish this information for the benefit of other users. Note: any interpretation of licensing conditions given by DOI is just that: an interpretation. It is provided as a helpful guide only - the responsibility for compliance with the licence conditions rests with the user.
What about backup copies? Are they classified as "pirated" software?
On the face of it, it seems that the BSAA is concerned only about "useable" copies - backups are not made for the purpose of being "used". They are a part of the efficient management of an IT service. This is usually covered in the licence conditions.
Is the University responsible for software brought in by visitors?
Visitors, postgraduate students, or new staff bringing software from their home institution must ensure it is licensed for use at the ANU. Areas should make sure visitors are aware of this requirement. If the visitor, student or staff member knowingly infringes copyright, the University may not indemnify them.
Can the University check my machine for pirated software?
Yes. The University, to protect itself from litigation, has the right to audit University machines, and machines connected to the University network, and order the removal of unlicensed software. The University has a privacy policy to protect users from unauthorised monitoring of the content of files stored electronically.
Does a "site licence" for certain software mean that I can download a copy without paying for it?
No. For information on site licences, contact the DOI Software Admin team at software@anu.edu.au
Do I need to pay for Shareware?
Legally & morally yes. Check with your Business Office about the most efficient way of doing this.
The issue of web images is one that is often overlooked by computer users. Images on a web page are also the intellectual property of developers and are subject to copyright.
Care must be taken also in the related area of "e-copying": scanning, downloading a web image, copying of manuals, printing of on-line help files, etc. may not be permissible under the Copyright Act. Again, be sure to check what you are doing is permitted under the Copyright Act.
Microsoft Australia's anti-piracy page
The Australian Copyright Council
Contacts
DOI Software Admin team:
Dorota Janiszewska: x55035
Elisha Wong:
x57876
or contact them by e-mail at: software@anu.edu.au
Copyright Officer: x50682
Authorised by: Director, IT Services and Legal Officer March 1999
