In addition to national civil and criminal laws, copyright owners are protected globally through a combination of international trade agreements such as the Berne Convention, European copyright directives, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS agreement). When entering into a license agreement with a copyright owner (“Vendor”), this agreement will often state the jurisdiction of any disputes arising out of contract breach, including copyright infringement.
Companies are responsible for the software installed on their networks and, hence, should have a policy in place stating the terms of use of company computers. This policy should also inform employees on the risks of pirated software and include a comprehensive set of technical measures to avoid installation of unlicensed software without company approval.
Aside from the several legal and monetary consequences that arise out of a company/individual’s civil and criminal liability, users of illegal software also suffer a number of practical downsides:
1. The software can have a number of functionality issues or stop working completely
2. Increased exposure to viruses, Trojan horses and other harmful code that can destroy valuable data
3. No access to helpdesk, upgrades, support, or bug fixes
If the software product you are interested in is a commercially licensed application, you are advised to go directly to the Vendor’s website. Some vendors offer free trials of their software, often with technical limitations of the software and a requirement to provide your information. Downloads of commercially licensed software through unauthorized channels can lead to copyright infringement.
Software companies are constantly investing in their technology. They are fueling the growth of the global economy and creating jobs by using their software licensing earnings to upgrade their technology. Without current copyright laws, these companies would not be able to sustain themselves, nor create the valuable software products that provide a a higher standard of life for all. Companies using unlicensed software not only undermine the copyright owner, they also impose an unfair competition towards their law-abiding peers who use licensed software. Both the licensed customers and vendors benefit from copyright laws.
Yes. The fact that you did not use the cracked software does not dissolve you from your responsibilities. You have still re-produced an illegal copy of the software and are liable for your actions. In certain cases, a judge may take your argument into consideration for determining the amount of damages rewarded to the copyright owner, but typically only to a limited extent since the basis of copyright aims at the copyright owner exclusively controlling the reproduction of its software.
