1. Purpose and Objectives
This guideline details the specific actions and process that must be followed to implement the UQ Software Procedures. The guideline outlines the responsibilities of all users of software at UQ.
2. Definitions, Terms, Acronyms
Software - includes, but is not limited to, purchased or commercial software, sound, graphics, images, or datasets; shareware; freeware; and electronically stored documentation and the media that holds it. Not included in this definition are non-copyrighted computer data files that have no significance beyond the individual or organisational unit.
Software Licence/Licence Agreement/End-User Licence Agreement (EULA) - A legal instrument (usually by way of contract law) governing the usage or redistribution of software. All software is copyright protected, except material in the public domain. A typical software license grants an end-user permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law.
Software Piracy - unauthorised copying or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers.
Software Audit - A process that identifies what software is installed, where it is installed, its usage, and provides a reconciliation of this discovery against usage. From time to time internal (driven by UQ) or external (vendor driven) audits may take a forensic approach to establish what is installed on the computers in an organisation with the purpose of ensuring that it is all legal and authorised and to ensure that the process of processing transactions or events is correct.
Software Licence Compliance - Clear documentation that the number of legally obtained and genuine software licences matches the number of installed instances of a given software product on the University’s systems or devices.
UQ ITAM - Central IT hardware and software management system.
3. Guidelines Scope/Coverage
The diverse and geographically dispersed framework of the University increases the risk of exposure to non-compliance of the Copyright Act and software license agreements.
The following guidelines will therefore apply to software used within The University of Queensland and its affiliates.
4. Guidelines Statement
This guideline provides additional detail on software in respect of the copyright act, software piracy, defining illegality, software license compliance and software audits. Details on each of these aspects are outlined in sections 5 – 9 below.
5. Copyright Act 1968 (Cth)
5.1 The Copyright Act 1968 (Cth) grants rights to software developers and licensed distributors of proprietary software. The Act provides for civil actions and remedies as well as criminal offences and penalties for infringements of copyright.
5.2 In addition, under legislation brought into law on 1 January 2005, illegal software does not have to be sold for direct financial gain to constitute a criminal offence. Section 132 (1) (a) of the Copyright Act has been amended to make it a criminal offence if a person makes an infringing copy of software with the intention of obtaining a commercial advantage or profit and if the person knows or ought reasonably to know that the copy is infringing copyright.
5.3 Use of illegal software in a business or organisation can constitute a criminal offence as commercial advantage is inherent in using any software in a business or professional context and because commercial advantage has been derived from making or using an illegal copy of the software instead of buying a licence for it. Furthermore, the Explanatory Memorandum which accompanies the new Act states: "The offences regime in Section 132 applies to all forms of activity referred to as business end-user piracy."
5.4 An important aspect of the new legislation is that the wording makes it a criminal offence if a person knows or ought reasonably to know that software is infringing copyright. University supervisory staff could be held liable even if they are unaware or not directly involved in piracy on the expectation of supervisory responsibility. Supervisors can, in some circumstances, also be personally prosecuted.
5.5 The University views its responsibilities to copyright owners seriously and recognises that the UQ Software Procedures and clear internal processes will contribute to minimising the risks of a copyright infringement by the University and possible breaches of software licence terms.
6. Software Piracy
Software piracy is the unauthorized copying or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers. The purchase of software is actually the purchase of a license to use the software, not the software itself. The license defines how many times the software can be installed, so it is important to read it. If you make more copies of the software than the license permits, you are pirating.
6.1 Examples of software piracy
Information provided from the BSA’s Australian Website, http://www.bsa.org/country.aspx?sc_lang=en-AU [2]
6.1.1 End user piracy
This occurs when someone reproduces copies of software without authorisation.
End user piracy can take the following forms:
- Using one licensed copy to install a program on multiple computers;
- Copying software for installation and distribution;
- Taking advantage of upgrade offers without having a legal copy of the version to be upgraded;
- Acquiring academic or other restricted or non-retail software for commercial use;
- Swapping disks in or outside the workplace.
6.1.2 Client-server overuse
This type of piracy occurs when too many employees on a network are using a central copy of a program at the same time. If you have a local-area network and install programs on the server for several people to use, you have to be sure your license entitles you to do so. If you have more users than allowed by the license, that is 'overuse'.
6.1.3 Internet piracy
This occurs when software is downloaded from the Internet other than in compliance with the licence terms and conditions. The same purchasing rules should apply to online software purchase as for those bought in traditional ways. Internet piracy can take the following forms:
- Pirate websites that make software available for free download or in exchange for uploaded programs;
- Internet auction sites that offer counterfeit, out-of-channel, infringing copyright software;
- Peer-to-Peer networks that enable unauthorised transfer of copyrighted programs.
7. What is Illegal?
This is a non-exhaustive list of those activities deemed illegal under the current law provided from the BSA’s Australian website, http://www.bsa.org/country.aspx?sc_lang=en-AU [2]
It is illegal:
- To copy software or accompanying documentation (e.g. manuals), without the permission of the copyright owner
- To make, use or distribute illegal software copies
- To run a copyrighted software program on two or more computers simultaneously unless the licence agreement specifically allows this (i.e. a multi-user or site licence)
- For companies to authorise, encourage, allow, compel or request employees to make, use or distribute illegal software copies
- To make unauthorised copies of software because a superior, colleague or friend requests or compels it
- To import software into Australia for commercial purposes without the permission of the copyright owner
- To distribute software which has been imported into Australia without permission of the copyright owner
- To withhold knowledge that the criminal law against unauthorised software copying is being breached
- To loan software so that a copy can be made, or to copy software while it is on loan.
8. Software Licence Compliance
8.1 Software licence compliance requires that licensed software be used in accordance with the terms and conditions contained in the licence agreement.
8.2 Software licence compliance also requires clear documentation that the number of legally obtained (genuine software licences) matches the number of a given product configured on the organisation’s computing devices.
8.3 UQ’s Software Licence compliance tool (ITAM) provides a comprehensive system that tracks purchasing and software usage to allow UQ to manage software compliance. It is now compulsory for all UQ organisation units to use ITAM for software compliance, for further information on gaining access to the tool and training see the ITS website [3] for more details.
9. Software Audits
9.1 Copyright owners can obtain the right, through an Anton Piller order, to enter business premises, unannounced, and search for evidence of illegal copying of software.
9.2 Additionally, many of the licence agreements agreed to by yhe University give the copyright owner the right to audit, with notice, the University’s systems for evidence of non-compliance with contract terms.