Software Ethics and Legal Use - A clean
techby Anna Elizabeth Kuruvilla
Software ethics is the science of morals in computer/software
usage. It is honourable to follow and live by software ethics which
are a set of moral rules/principles.
- Unauthorized, copying of software is illegal and a violation
of software ethics. The copyright law protects software authors
and publishers, just as investors are protected by the patent
law.
- Unauthorized copying of software by individuals can harm the
entire academic community. If it happens in a campus, the institute
may have to tackle legal liability. The institution will face
grievances while negotiating dealings that would make software
easily available for a cheaper price to members of the academic
community.
- Unauthorized copying and use of software, violating software
ethics deprive publishers and developers of a fair return for
their work. In addition, increased prices, reduction in the level
of future support and enhancements can inhibit the development
of new software products.
Software can be classified into 4 broad categories
in terms of copyright. The restrictions and limitations regarding
each classification are different.
1. Commercial Software
Commercial software includes a major share of software
purchased from software publishers, commercial computer stores etc.
The purchasing of software, entitles you with the license to use
the software and not to own it. The commercial software licenses
stipulates that the software is being covered by copyright. Although
one archival copy of the software can be made, the back up copy
cannot be used except when the original package fails or is destroyed.
Modifications of the software is not permitted. Decompiling (i.e.
reverse engineering) of the program code is not allowed without
the permission of the copyright holder. Development of new works
built on package too requires the aforesaid permissions.
2. Shareware software
Shareware software too comes under copyright and
the acquisition will only give you the license to use it, not the
ownership. The conditions of license agreement varies from program
to program. Shareware software licenses stipulate that, even if
one archival copy of the software can be made, the back up copy
cannot be used except when the original package fails or is destroyed.
Modifications to the software is not allowed. Decompiling (i.e.
reverse engineering) of program code is not allowed without the
permission of the copyright holder. Development of new work built
upon the package is not allowed without the permission of the copyright
holder.
Selling software, as shareware is a marketing decision
and does not change legal requirements with respect to copyright,
which indicates that you can make a single archival copy, for which
you must pay for all the copies adopted for use.
3. Freeware
Freeware also comes under the copyright protection
and subject to the conditions defined by the holder of the copyright.
The conditions for freeware are in direct opposition to normal copyright
restrictions. Freeware software licenses stipulate that the software
is covered by copyright. Copies of the software can be made for
both archival and distribution purposes but that distribution cannot
be profitable.
Modifications to the software are allowed and encouraged,
however, decompiling (i.e. reverse engineering) of the program code
is not allowed without the explicit permission of the copyright
holder. Development of new work built upon the package (derivative
works) is allowed and encouraged with the condition that the derivative
works must also be designated as freeware.
4. Public domain
Public domain software comes into being when the
original copyright holder explicitly relinquishes all rights to
the software. All intellectual works are being protected as soon
as they are committed to a medium. For something to be a public
domain, it must be clearly marked as a public domain.
The public domain software copyright rights have
been relinquished. Software copies can be made for both archival
and distribution purposes with no restrictions as to the distribution.
Modifications are allowed. Decompiling (i.e. reverse engineering)
of the program code and development of new works built upon the
package (derivative works) is also allowed without conditions on
the distribution and / or use of the derivative work.
The Invisibility factor
The invisible computer operations have a key role
in creating policy vacuums. The internal processing of computers
is unknown to many.
The invisibility that can have ethical significance
includes invisible abuse that has an ethical significance; where
intentional use of invisible operations of a computer to engage
in unethical conduct. An example is the case of a programmer who
realized he could steal excess interest from a bank. When interest
on a bank account was calculated, there was often a fraction of
a cent left over after rounding off. This programmer instructed
the computer to deposit these fractions of cent to his account.
Issues such as this, call upon policies (software ethics) to detect
and prevent such cases.
Another abuse of software ethics is the invasion
of property and privacy of others. These are cases when a computer
is programmed to contact another computer over phone lines, to surreptitiously
remove or alter confidential information.
Yet another invisible abuse of Software Ethics
can be the use of computers for surveillance.
Invisible programming values are those values that
are embedded in a computer program. One fine example is computerized
airline reservation. American Airlines promoted a reservation service
called "SABRE". This program had a bias for American Airline flights.
It always recommended American Airlines even if it was not the best
airline in the route.
According to Software Ethics it is also prima facie
wrong to make illegal copies of proprietary software because while
doing so, the owner's legal rights are harmed.
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