To legally transfer the software, provide the license agreement, registration, original installation disks or CDs , and manuals, and remove all copies of the software from your computers. 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 Mac 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. How can we help? Search IT Cornell Go. Software Piracy Software piracy 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.
Software copyright infringement violates numerous Cornell policies, including: Campus Code of Conduct Code of Academic Integrity Standards of Ethical Conduct Policy Regarding Abuse of Computer and Network Systems Responsible Use of Electronic Communications Discipline ranges from a reprimand to dismissal from the university, depending on the severity of the violation. Risks If those extra copies are used on university-owned computers, the harm could be great.
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. 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? Our software budget wasn't big enough this year. Can we make copies for now and buy enough for everyone next year?
I just started this job, and I'm using the former employee's computer. How do I know if my software is legal? 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? When my computer was delivered, it had software installed on it. Is this software already legally licensed? I require my students to use certain software for assignments.
Since I'm using it for educational purposes, I can give them copies, right? 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? If Cornell has a site license for something, does that mean we can copy it to as many computers as we want? 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?
A friend recommended some great software, but the publisher is out of business. Would it be OK to get a copy from my friend? We have lots of old software sitting around. Can we give it away to schools or charities? Or sell it? I'm leaving Cornell. Do I have to get rid of any software on my home computer? Was this page helpful? However, the member countries have a right to provide more extensive protection of intellectual property rights within their national legal systems.
India has undoubtedly made great strides in protection of computer software through copyright law but the protection through patent law still remains at a nascent stage.
As, the strength of protection offered by Patent Law is much higher than that offered by the Copyright Law it would be in greater interest if attempts to strengthen the former for software protection are made. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. All Rights Reserved.
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It is also part of the information that we share to our content providers "Contributors" who contribute Content for free for your use. Learn More Accept. Intellectual Property. Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. Non-literal copying of computer programs A computer program is a complex combination of protectable and unprotectable components, hence protecting only the literary elements is not sufficient.
Khushboo Tomar. India Intellectual Property Copyright. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals. Trademarks which are not capable of distinguishing the goods or services of one person from that of another person.
Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input.
Fair use supports "socially laudable purposes," typically, if not exclusively, involving the use of the copyrighted work by a second author. With coming up of the new Trade Mark Rules , a new procedure has been created that allows the Registrar to proclaim a particular trademark as "well known". The presentPatents Act, came into force in the year , amending and consolidating the existing law relating to Patents in India.
Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Register For News Alerts. Article Tags. Khurana and Khurana. NOV Section 2 o defines 'literary work' and includes computer programs, tables and compilations including computer databases. Section 13 provides the categories of work in which the copyright subsists which includes original literary work. The author of a work is the first owner of copyright in the work.
However in case of employer-employee if a work is made in course of employment under a contract of service or apprenticeship, the employer shall be the first owner of the copyright in the above of any contract to the contrary 4. Software contracts, like many other transactions, are governed by the common law principal as embodied in the Indian Contract Act 5.
If the computer software is considered as a 'good', the Sale of Goods Act, will have relevance in the formation and execution of the sale contract. Section 2 7 of the Sale of Goods Act, defines 'good' as 'every kind of movable property other than actionable claims and money, and includes stock and shares, growing, crops grass In Tata Consultancy Services v.
State of Andhra Pradesh 6 , the Supreme Court considered computer software is intellectual property, whether it is conveyed in diskettes, floppy, magnetic tapes or CD ROMs, whether canned Shrink-wrapped or uncanned customized , whether it comes as part of computer or independently , whether it is branded or unbranded, tangible or intangible; is a commodity capable of being transmitted, transferred, delivered, stored , processed , etc.
The court stated that, 'it would become goods provided it has the attributes thereof having regards to a its ability; b capable of being bought and sold; and c capable of being transmitted, transferred, delivered, stored and possessed. If a software whether customized or noncustomized satisfies these attributes, the same would be goods.
Section 51 defines infringement of copyright and states that a person infringes copyright of another if he unauthorizedly commits any act which only the copyright folder has exclusive rights to do. Civil remedies to copyright infringement s are provided in chapter XII of Copyright Act, granting injunction and damages for copyright infringement and criminal liability provisions are provided in chapter XII of Copyright Act, wherein abetment of infringement is also unlawful and punishable with imprisonment of upto three years and a fine up to Rs.
A person who knowingly uses the infringing copies of Computer software commits a criminal offence punishable with imprisonment for not for not less than seven days extendable up to three years and a fine not less than Rs.
Section 62 of the Copyright Act, entitles a Plaintiff to file for a suit for injunction against infringements within District Court of the jurisdiction where Plaintiff resides or carries on business or works for gain. Infact, of late Indian Courts have accepted petitions against unknown Defendants or persons identifiable through their IP Addresses in internet law related litigation.
Popularly known as John Doe order in the US Courts, India had adopted the principal of accepting petitions against unknown persons in defamation cases or Intellectual property infringements including cases relating to software piracy. This is a positive legal enforcement strategy adopted by Indian Courts to resolve internet related litigation where defendants cannot be identified at stage of filing of the position.
See B. N Piros v. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. All Rights Reserved. Password Passwords are Case Sensitive. Forgot your password? Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms.
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