software copyright – risk management

CyTRAP Labs – IPR services
- forensics
- software copyright
  - software copyright – risk management – you are here

Purchasing software usually means the right to use it – meaning having it run on one machine ONLY. Puchasing a license does not permit one to attempt to modify or reverse engineer the software. Violations of copyright will result in fines and jail terms if one is successfully indicted in a criminal court.

1	software copyright infringement	occurs if anything is done with software code or artistic work without the permission of the copyright owner and restricted by copyright legislation – in most jurisdictions software copyright infringement means making a copy of software and giving it to somebody else.
2	managing the challenge	means preventing the case of copyright infringement – if the latter is proven in a criminal court, on indictment the defendant could receive a large if not unlimited fine and in some countries several years imprisonment per offence.
3	solution	implement and monitor appropriate controls to assure legal compliance while minimizing the risk for software copyright infringement

CyTRAP Labs provides clients with tools that facilitate the:
A	monitoring and managing of the risk for sofware copyright infringement, and
B	implementing and administering of better controls and structuring including documentation for the compliance function regarding intellectual property rights.

One common form of copyright infringement in businesses is software misuse – by making illegal copies of software or breaching the terms of the software licence. This means that a company must have a way to account for all software and their copies being used on equipment (e.g., which machines have which software installed, etc.).

If an audit reveals that more versions of a software were installed than the business paid for to the copyright holder, software copyright infringement (Please click on the link, Login as guest – click on this link again and voila free access) has occurred and stiff fines may result of such violations under copyright legsilation.

Other problems might occur if a firm alters a software or adds code to a software that might also violate the license that one has obtained and paid for, such as when the following is stipulated:

Ohne die schriftliche Zustimmung von XY und Robo AG darf die Software oder Teile davon nicht veraendert, ergaenzt, weiterverwendet oder mit anderer Software/Daten kombiniert werden.

oder

Without prior written consent from XY and Robo Inco. you may not reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software. You may not modify, alter, or create derivative works of the Software in any manner.

CyTRAP Labs provides a range of services to our clients to better protect their intellectural property rights (including music and software).

CyTRAP Labs also supports clients in making sure that the risk for software copyright infringement is managed properly such as:

- administering and managing assurance regarding the appropriate use of software (e.g., avoiding the unlicensed use of software on corporate equipment), and

- assuring that newly created or altered program code meets copyright requirements.

Abuse of Intellectual Property Rights (IPRs) and software copyright infringement is a serious problem that makes it necessary to protect innovations and minimize copyright violations to an absolute minimum through appropriate tools.

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