Consumer/Tech Law
Buying and Using Software
Whether it buying a program such as Microsoft Word for your laptop, or purchasing the latest app for your tablet or smartphone, the decision to procure new software for your device has legal implications. Typically, software is made available to you through a licensing agreement that spells out terms and conditions of your use of the software.
Can you copy software legally?
Software is a commodity that costs money to produce. Its producers are as entitled to payment as are the producers of any good or service. The fact that there is no direct cost to the producer if someone makes an illegal copy of the software does not change this legal fact. (There are indirect costs to unauthorized copying, starting with the lost revenue to the developers.)
Illegally copying software is no more legitimate than copying DVDs, books or CDs. For that matter, it is no more legitimate than stealing an apple—a costly apple—from the front of the grocer's store simply because you can, or cashing someone else's paycheck. You should be no more ready to steal software than to steal anything else.
What legal terms govern your use of software?
Software is only legally usable by people or businesses who purchase a license, which is simply permission to use the software, which is protected by copyright. Most software that you buy in the store, and much of what comes with your computer comes with a license. (The software already loaded onto your computer is covered by licenses arranged with the company that preloaded it, and to which you are typically asked to agree when you use.) Software you download on the Web also typically comes with a license -- even apps that the developer allows you to download for free.
What limitations are usually placed on how you use software?
You may not make copies for the use of others. "Others" obviously includes your brother-in-law, your co-workers, your friends, and fellow Internet users.
Does it include other computers you use? That depends. Some licenses are designed to apply to networks, a system of interconnected computers that is in a sense one computing system. Few consumers are buying software for networks, of course. Some lawyers specializing in this field maintain that you are entitled to use software that you buy both on the computer you keep at your desk and your laptop. Presumably you are not using both of these at the same time, though it gets muddier if one is for your use and one is for the use of your high-schooler or spouse. Some of the latest software does not allow you to download it on more than one computer or device without paying a fee for the multiple acces points. Other times, software is kept "in the cloud," allowing you to access it from any device where you have an Internet connection. Software kept in the cloaud is never physically downloaded onto your computer or device.
Do you have a right to make backup copies?
Probably. Even if your software came on a CD or DVD, most lawyers in this field agree, as do many software manufacturers, that you are entitled to make a backup copy of the software for protection in case the source file is damaged or defective. The copy on your computer's hard drive is always vulnerable to a crash or other system disaster, and software companies recognize this as well as anyone—especially since their software often causes the problem! On the other hand, the use of zip drives and other backup media, as well as affordable Internet-based automatic backup solutions, may also be an intelligent way to protect yourself. Using the Internet-based backup sysytems in the cloud has become an increasing trend in recent years.
How can you protect yourself as a software consumer?
Avoid any software that does not include at least some degree of free telephone or web-based support, at least for a limited period. Ideally this support should be accessible with a toll-free call, during more than regular business hours. Some software companies have 24/7 help available using web-chat technology.
