innovative technology services
Copyright Software
Chest Mailing No. 26/92
12th August 1992
To: All Chest Site Contacts
Dear Colleague
Copyright Software
In recent weeks many of you may have received correspondence or a visit from suppliers of "Software Audit Programs".
The purpose of this note is to endorse the salient point of much of that correspondence and which is copied as an attachment to this letter.
In repeating what is, after all, a "point of law" I wish to emphasise that adherence to the "Code of Conduct", as espoused by the CVCP and promulgated by Chest, is a most important first stage towards ensuring that your institution is acting in a responsible manner against "Software Theft". (See below).
Prevention is always better than having to look for a cure. The first stage in this process is one of education. Prominence of the "Code of Conduct" in Computer Laboratories and Libraries is a useful reminder to persons that they are (if they are not they should be so) signatories to this Code. Software Audit products are useful for the detection of unauthorised copying. As the attached indicates, there is no excuse for your institution's most "senior officers" if no action is being taken against this "crime". The Code of Conduct of itself may not be sufficient. However, the "Code", coupled with recorded, periodic checks by any reasonably thorough mean, may be sufficient to ensure that the requirements of the "Copyright, Design and Patents Act 1988" is being complied. Your institution's position is further safeguarded by being able to demonstrate that a policy for dealing with Malefactors has been adopted and is being enforced.
Finally, with regard to FAST, Chest is negotiating for an HE-wide membership and you ought not to feel coerced into premature membership. Chest and FAST have liaised vis-a- vis the Code of Conduct. I believe it is fair to say that both parties have a high regard for the work of the other. FAST shares our views on Prevention being better than Cure and it is inconceivable that FAST would launch itself, heavy-handed, in a prosecuting manner without there having been previous warnings that mis-use was believed to be rife.
The matter MUST NOT be taken lightly or dismissed. Neither must you needlessly be encouraged to spend unnecessarily.
If you have any questions or comments please contact me via Eduserv or E-mail: n.h.lodge@chest.ac.uk
Yours sincerely,
Nigel H Lodge
Deputy Chief Executive, Chest
Unauthorised duplication and unauthorised use of computer software are serious offences under the Copyright, Design and Patents Act 1988 which states that "The owner of the copyright has the exclusive right to copy the work" (Section 16).
In certain circumstances, a company through its officers, faces unlimited fines and/or up to two years imprisonment if it is convicted of infringing the copyright in software. The same applies to individuals or individuals within companies.
In addition to unlimited fines and convictions, an organisation and its employees risk civil action by software companies seeking damages in software.
Officers of a company are responsible for ensuring that their organisation complies with the law. It is good practice for a company to ensure that it uses only properly licensed software. This good practice reinforces an organisation's commitment to the highest standards of business conduct. Even if a manager is totally unaware of software theft occurring within his/her organisation it does not absolve the company from legal proceeding.