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Software Copyright Laws
Software Copyright Laws Fail to Provide Adequate Protection
Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are also well known for overlooking these laws, which were designed to protect the makes of software from not earning their worth. Perhaps one of the biggest hitches leading so many software businesses to go out of business is the fact that they have a great deal of difficulty actually enforcing the software copyright laws that are in place and getting the money that is owed them according to the agreements that have been made with those on the using end of the software.
Software developers, particularly in the corporate world design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers that create these massive programs. These programs are often designed specifically for that one company and are very expensive. The agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of royalties for the use of the software.
The purchasing companies agree to this and then more often than not fail to honor that agreement. The agreement is what allows this company to use that software, this agreement is what allows that permission. When companies aren't living up to their end of this agreement they are not only guilty of breaching that agreement but also of breaking software copyright laws. The trouble always lies in proving that they are not honoring the contract and the extent and duration of the breach.
Some of the ways that companies will argue in defense of them not paying the royalties, additional fees, purchasing additional software, etc. is that they upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws) the problem lies in the fact that adding ten new computers and placing the software on those should mean that you remove it from or get rid of 10 old computers. This is rarely how it works. So now they've basically stolen ten copies of software that can be well worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies trying this or worse each year and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be.
Software copyright laws exist to protect the software companies from this type of abuse and misuse, however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court.
There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws to the point of breaking make the exceptions rather than miserly consumers that do not wish to pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software only 'renting' out permission for people or companies to 'use' that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing that the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies.
Self-Publishing and Other Options Online (how to get a book published online) There’s no question about it. There is more room for more types of writing on the internet. Many people know that getting a book published for the book store shelves is next to impossible. The competition is overwhelming. Most successful writers have already achieved fame and so are able to write book after book. The unknown, though still talented writers are shut out. Publishing books is expensive and time consuming. There are only so many readers in the world. To keep the ratios between writers and readers comfortable, less than one percent of would be writers actually get published. That is all changing now. The internet is big enough for everyone it seems. It offers many more, less expensive publishing opportunities. It also gives exposure to aspiring writers allowing them more chances to impress the hard copy publishers. So, the opportunities are there. Do you want to know how to get a book published online? Is Self-Publishing Cheating? Self-publishing is certainly not cheating. Depending on what your goals are of course, it may or may not be a direction you would like to take. In the hard copy world, self-publishing is cost prohibitive. Actually getting a book into print costs more money than a typically poor beginning writer can muster. That is the great thing about the internet. It’s free. You can either start up a free website of your own and post your novel, or pay a small monthly sum and attempt to sell your writing online. By paying for a website you will be allowed to sell a product from that site. If you can write well enough to catch someone’s attention, they may be willing to pay for a download of your book. That is how to get a book published online. Just do it yourself. You circumvent the normal book publishing costs and still get some exposure. You just may luck out and get the attention of someone who thinks you could make money off of your writing. If you’d really like to hurry up the process to getting your books in print, there is another route to go. Pay to Be Published Everything is cheaper when done ‘en masse’. There are book publishers that reduce the cost of publishing by running the presses all of the time. If you’d like to know about another way of how to get a book published online, this is it. With publishing companies though, you don’t have to dream about getting your book on the shelves. The online self-publishing companies require a fee – which will be much less than if you were to try to print yourself. They use your money to get your writing into print. You have the option of publishing your own book, or for a much smaller investment, to be included in an anthology. You won’t get as much exposure as from a big name publishing company, but it will be significant nonetheless. E-Book Publishers A third road to travel if you’re wondering how to get a book published online is that of e-books. They are another form of writing that can get you the practice and exposure that you need. Instead of writing on a topic of your choice though, e-book assignments are centered on topics that a typical person will search for online. They are normally informative and how-to books. They are usually short and to the point. E-book publishers are willing to pay experienced and capable writers to create book length, researched writing. How about adding that to your resume? Publishing a book online is easier than publishing in the world of hard copy. The end result is not as glorified, but it is a step towards success in the published realm. The more experience you can get writing, the better writer you will be. As the internet becomes more depended upon, you may find yourself on the frontline of the publishing movement. What is copyright infringement What Is Copyright Infringement? The Layperson's Copyright Primer Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law. What is Copyright Infringement? Copyright infringement, as defined by Wikipedia.org, states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse. What is Copyright Infringement in America? In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith. What is Copyright Infringement in action? Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry. As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction. |