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Which of the Ten Ethical Computing Guidelines do you think students violate most often?

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Which of the Ten Ethical Computing Guidelines do you think students violate most often?

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Thou shalt not copy or use proprietary software for which you have not paid (without permission).

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Software piracy

It is the unauthorized duplication, distribution or use of computer software -- for example, making more copies of software than the license allows, or installing software licensed for one computer onto multiple computers or a server.

Copying software is an act of copyright infringement, and is subject to civil and criminal penalties. It's illegal whether you use the copied software yourself, give it away, or sell it. And aiding piracy by providing unauthorized access to software or to serial numbers used to register software can also be illegal.

If Cornell finds out about it from an employee or student, the matter is usually handled within the university. The Office of Information Technology, University Audit, University Counsel, and the Judicial Administrator often work together to resolve software copyright infringement problems.

Software copyright infringement violates numerous Cornell policies, including:

Discipline ranges from a reprimand to dismissal from the university, depending on the severity of the violation.

If illegal software is reported to a software publisher or piracy watchdog group -- and this has happened -- legal action could be brought against Cornell and the individuals involved. At minimum, the university would have to prove that it had resolved the problem, which typically requires an intensive software audit within a very short timeframe. Other sanctions could include substantial monetary damages, or exclusion from discount pricing and volume-licensing programs.

Risks

If those extra copies are used on university-owned computers, the harm could be great. Software publishers take piracy very seriously, and they have been in touch with Cornell. The university and the individuals involved could be held liable for large monetary damages. Cornell could also lose its eligibility for discount pricing on software.

In the larger picture, copying cheats the publisher and everyone who uses the software. It makes software more costly and denies the publisher the sales it needs (and earned) to improve software and finance new projects. In 1997, software piracy cost New York State more than $860 million in lost wages, tax revenue and retail sales, according to a Microsoft study.

Reporting

Violations are reported more often than you might think, through honest employees and students, routine software audits, technology support professionals, network administrators, software publishers and piracy watchdog groups.

Your work computer is university property. So is your connection to the Internet via the campus network. Cornell is committed to making sure that its computers run legally licensed software, and that its network is not supporting software copyright infringement in any form.

Scenarios that get people into trouble

My co-workers are copying software, but I don't want to be a tattletale and I'm worried about losing my job. What should I do?

Report their actions. By staying silent, you'd violate Cornell's Standards of Ethical Conduct (Policy 4.6) and could face disciplinary action yourself.

That policy will protect you from your co-workers and anyone else who might be upset by your honesty: "The university will not tolerate retaliation toward or harassment of employees who report actual or possible violations. The identity of individuals providing information concerning possible violations, including fraud, will be protected within legal limits."

So tell your technology support professional or administrative managers what is happening, in as much detail as you can. If that seems awkward or inappropriate, go directly to University Audit (Toboggan Lodge, 255-9300), University Counsel (300 CCC, 255-5124), or the Director of IT Policy (East Hill Office Building, 254-3584). When students are involved, notify the Judicial Administrator (223 Day Hall, 255-4680).

Our software budget wasn't big enough this year. Can we make copies for now and buy enough for everyone next year?

No. Unless otherwise stated in the software license, the only copy you can legally make is one archival backup of the original installation disks or CD, to be used only if the original ones fail.

Ease the pressure on your budget by using Cornell's software license agreements and volume-discount programs (see the Software Licensing Services web site) to acquire Microsoft, Adobe, FileMaker, SPSS, SAS and other products. Also check the Cornell Store's educational pricing. When shopping outside Cornell, ask for educational and volume-discount pricing.

I just started this job, and I'm using the former employee's computer. How do I know if my software is legal?

Ask the technology support professional in your office or department. This person will know what software is site-licensed and what software has been purchased, and can remove anything else.

I'm the new technology support provider for 50 people, and the record-keeping here has been pretty bad. How should I go about verifying all this software?

Compile as many purchase orders, receipts, vendor reports and license agreements as possible. (Original disks and manuals are usually not adequate proof.) Match these against the number of computers using the software, and purchase new licenses and/or software to cover the difference.

Then follow University Audit's suggestions for better record-keeping. Institute a departmental strategy for acquiring software and designate a person to oversee purchasing and installation. Keep all proofs of purchase (e.g., purchase orders, receipts, license agreements) and maintain an inventory of the equipment the software is installed on. Remove all software from equipment that is being discarded, sold or donated.

When my computer was delivered, it had software installed on it. Is this software already legally licensed?

Yes, if it was obtained through the Technology Connection or Procurement Services.

If your computer came from another source, review the licenses and documentation to verify the software's legitimacy. If you're buying a used computer, all installed software should come with license agreements, registration and original installation disks and manuals. Remove any software that you can't verify.

I require my students to use certain software for assignments. Since I'm using it for educational purposes, I can give them copies, right?

No. And there's little chance that the " fair use" argument could be applied to software the way it can to printed materials -- it's generally impossible to install and use only a small piece of a software product.

Better ways to keep costs down for your students: Look into getting a volume discount or site license from the software publisher (check the Software Licensing Services web site first). Find out whether the software is or could be installed in a CIT Computer Lab or college computer lab.

I'm trying to decide which software package to buy. Can I install my co-workers' software just to try it, if I remove it right after I'm done?

No. There's a widespread myth that you can use software for 24 hours without penalty. The truth is the software would be illegal the moment you installed it. Arrange to use your co-workers' computers instead. Or ask the software publisher for a trial version.

If Cornell has a site license for something, does that mean we can copy it to as many computers as we want?

Not necessarily. Each site license states who may use the software, where and for what purpose. Within those restrictions, a site license allows unlimited use. Most of Cornell's site licenses permit Cornell faculty and staff to install the software on their university computers; a few include home computers and student-owned computers as well.

To check the terms of a site license, go to the Software Licensing Services web site, find the product of interest and read "Type of License" and "Critical Restrictions."

Can I put Cornell site-licensed software on a computer Cornell doesn't own -- for example, my home computer?

Usually not. Most of Cornell's site licenses are restricted to university- or student-owned computers. Check the Software Licensing Services web site for the particulars.

I work at home sometimes. Can I copy software from my work computer to my laptop or home computer, since I won't be using both at the same time?

Some software publishers allow this use; others don't. Read the license agreement. Some examples: If you purchased Microsoft Office, Publisher, Project or FrontPage through certain Microsoft agreements, the license permits you to install a second copy on one laptop or home computer to use for work-related purposes. If you have an Adobe product at work, you can install a second copy on one laptop or home computer, but the product cannot be used on both computers at the same time.

A friend recommended some great software, but the publisher is out of business. Would it be OK to get a copy from my friend?

No. All software is copyright-protected, and the copyright is enforceable for 95 years, no matter what. Your best bet is to ask the copyright holder for written permission to copy the software. The U.S. Copyright Office can be helpful in locating the current copyright holder. Search the records yourself, or pay a small fee to have it done.

We have lots of old software sitting around. Can we give it away to schools or charities? Or sell it?

Probably, if it's not software you later upgraded. For instance, when you buy a Windows 98 upgrade, the license to the older version is voided, meaning no one else can use it. If you buy the full Windows 98 package instead, you could give away or sell your older version.

In short, you can give away or sell software you are no longer using in any form. If the software is university-owned, review Policy 3.9 (Capital Assets) first. To legally transfer the software, provide the license agreement, registration, original installation disks (or CD) and manuals, and remove all copies of the software from your computers.

I'm leaving Cornell. Do I have to get rid of any software on my home computer?

You must remove university-owned software, including all Cornell site-licensed software. Also, if you had software at work that allowed you to install a second copy at home, you must remove that second copy. The one exception is the Macintosh operating system -- Cornell's site license allows you to keep this software.

You do not have to remove software that you bought, with your own funds, at an educational discount. If you upgrade that software, however, you will have to pay the full price for the upgrade (rather than the educational price).

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It is the unauthorized duplication, distribution or use of computer software -- for example, making more copies of software than the license allows, or installing software licensed for one computer onto multiple computers or a server. Copying software is an act of copyright infringement, and is subject to civil and criminal penalties.

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Why do you think these violations occur?

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Why do you think these violations occur?

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First of all, since students will use all kinds of software during their study, they need to use these software to deal with some problems in study. Secondly, the students' spare time is very rich, many people will be involved in the field of computer. When they are exposed to the field they are interested in, they will inevitably learn further. Then the functions of free software can't satisfy them. Finally, many commonly used or useful software is paid for, and many are expensive. For example, software that processes pictures, audio, data, etc. Students do not have much money to pay, so they will choose to copy the software illegally.

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Taken together, these rationalizations and excuses reflect a widespread attitude that electronic information is, in effect, in the public domain and should not be protected as private property.

The software industry estimates that $2.4 billion worth of their products in the United States and Canada -- almost half the total of $5.7 billion in sales -- was stolen in 1990. Last year's figures are not yet available.

Although the industry remains hugely profitable and competitive, some experts say the amount of theft reduces the incentives that developers have to create programs. But software creators are trying to fight back.

Last year, the Software Publishers Association, a trade group, conducted 75 raids, sent 561 warning letters and filed 33 lawsuits against organizations and individuals it suspected of software piracy.

But the laws are rarely enforced against individuals. In June, the Federal Bureau of Investigation raided a computer bulletin board known as Davey Jones's Locker after a complaint by the association. The bulletin board, run out of a house in Millbury, Mass., offered more than 200 commercial programs that subscribers could copy. No arrests have been made in the case.

Far more common than such organized activities is the simple exchange of floppy disks among friends.

"A person's feelings of closeness to a friend take priority over some abstract ethical principle," said Carol Gould, a philosophy professor at the Stevens Institute of Technology in Hoboken, N.J., who has written on the subject of ethics and computers. "This is especially true when the principle is abstract and you're dealing with corporations who are abstract and seem to be making so much money anyway." Revolution in Software

When software for a wide variety of business and personal uses became easy to buy, it ignited the personal computer revolution in the early 1980's. But now that revolution is being shaken by the ease with which programs and data can be copied from one machine to another.

At first, many software companies protected their programs by building in codes that made them impossible to copy. But customers complained loudly, and as it became common for personal computers to have hard disks, the sale of protected software ended, in part because buyers needed to be able to copy their programs, which are sold on floppy disks, onto their hard disks.

"There was a battle over copy protection between the software industry and the users, and the users won," said Kenneth Wasch, executive director of the Software Publishers Association, which is based in Washington.

Illegal copying is also a concern in other media. But copying computer data is far easier than duplicating video or audiotapes, or photocopying an entire book. A computer disk can be copied simply by putting a blank diskette into the computer and hitting a few keys. Total time involved: less than 10 seconds. Because it is so easy -- and so little stigma seems to be attached to it -- more and more people are making illegal copies.

"In this new digital universe, there is no cop on the corner," said Todd Gitlin, a sociologist at the University of California at Berkeley. "Not only is there no cop on the corner, there is no corner." Big Companies Are Strict

Most large corporations, government agencies and schools have strict rules that prohibit copying software -- even when employees are trying only to make their work easier. Yet illegal sharing of software is a rapidly growing phenomenon and a widely accepted practice by the millions of people who use personal computers at work, at school, or in their homes.

Not long ago, for example, at the Dalton School, a private school on the Upper East Side of Manhattan, a student brought a copy of a popular personal computer game called Spectre to a computer laboratory. Soon there were dozens of copies of the game on floppy disks being taken home in student's backpacks.

"They know it's stealing but they think that no one will every catch them," said a 12-year-old sixth grader.

Officials at the school said that despite educational efforts, it was difficult to enforce laws that have so little apparent impact.

"We've been struggling with this and there's no simple solution to it," said Frank Moretti, the Dalton School's headmaster. "It takes the whole problem of xerography and raises it a power higher." Situation Overseas Is Worse

And the situation is far worse in other countries where there is no tradition of protecting intellectual property, software industry executives say. A recent survey in Germany, for example, determined that there are fewer software programs purchased than computers -- a certain indication that piracy is widespread.

The Business Software Alliance, an international trade group, estimates that $12 billion worth of software is stolen each year, an amount equal to total worldwide software sales.

"The concept of copyright is not that deeply embedded in the hearts and minds of very many people in this world," said Jack Valenti, president of the Motion Picture Association of America, a trade group in Washington.

In the view of many computer experts, the situation is only going to get worse, as more information -- like films or books -- is available in digital form, stored inside computers.

"We are the only industry in the world that empowers every customer to become a manufacturing subsidiary," said Mr. Wasch of the software association. Role for Schools Is Urged

Last month the Departments of Justice and Education jointly issued a report calling on the nation's schools to expand their teaching of ethical use of computers and other information technology. And many large corporations, concerned about potentially bad publicity should they illegally use software, conduct regular audits of their employees' personal computers. But small companies frequently have a more casual approach.

At a management training company in San Francisco that employs about 40 people and has dozens of personal computers, an unusual compromise was reached not long ago, said one employee who agreed to be interviewed only if she and the company were not named.

Executives wanted to buy only a single copy of each program because of its high cost. But the company's computer-support manager -- concerned about unethical practices -- persuaded them to buy a separate copy for each department. Now the company, which uses software both in the administration of its business and as part of the services it provides, shares one copy for every three or four machines. Disagreement on Ethics

"I have an ethical model in my mind, but my company disagrees with me," said the employee. "They told me: 'Why can't we just buy one copy? What difference will it make?' "

The problem will only get worse, industry executives say, as each new technology makes it easier to copy digital information.

Apple Computer Inc. has found itself struggling with copyright questions since the introduction last year of its Macintosh Quicktime software, which is intended to make it easy for personal computer users to add snippets of digital video to their programs.

Apple has encouraged users to convert vast libraries of video footage into digital Quicktime format. But the company has found that once the videos are in this easy-to-manipulate medium, they are extremely easy to copy.

Another perspective is that new computer technologies will eventually generate a technical fix to the problem that will prohibit illegal copying without interfering with the convenience of using software and digital information.

"We have been having serious discussions with Apple about ways to make sure that we're likely to be paid for the sharing of information," said Michael Mellin, publisher of Random House's electronic publishing division.

Many in the industry feel that finding a way to protect copyrights is essential for the industry to avoid a crisis.

"Our current intellectual property laws are in danger of breaking down completely in the face of this digital revolution," said Mitchell D. Kapor, the founder and former chairman of the Lotus Development Corporation. "And big publishers are hesitant to move forward without more of a feeling of comfort that they have copyright protection in the new digital world."

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Though Illegal, Copied Software Is Now Common

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Taken together, these rationalizations and excuses reflect a widespread attitude that electronic information is, in effect, in the public domain and should not be protected as private property. The software industry estimates that $2.4 billion worth of their products in the United States and Canada -- almost half the total of $5.7 billion in sales -- was stolen in 1990.

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What do you think could be done to reduce or eliminate such unethical behavior?

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What do you think could be done to reduce or eliminate such unethical behavior?

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I think software developers can offer a student option in a paid interface. The software can be used for free or at a low cost if the student's credentials are shown. In addition, schools should strengthen the education of this aspect and make students realize that it is wrong and illegal to do so.