As part of its educational efforts, SPA is providing the following information to educate Internet users and server operators on how their actions may be in violation of federal copyright law. These definitions explain some of the different elements of copyright law and may be easily applied to situations on the Internet. Following each legal definition is a practical application in reference to Internet use.

For additional information, please visit the relevant sections of the United States Code.

Direct Infringement

"Anyone who violates any of the exclusive rights of the copyright owner [reproduction, adaptation, distribution to the public, public performance, public display, rental for commercial advantage or importation] is an infringer of the copyright or the right of the author..." Section 501(a) of the Copyright Act.

• downloading software
• uploading software
• making software available for download
• transmitting software files

Indirect Infringement

Contributory Infringement. Anyone who knows or should have known that he or she is assisting, inducing or materially contributing to infringement of any of the exclusive rights by another person is liable for contributor infringement.

• posting of serial numbers
• posting of cracker utilities
• linking to FTP sites were software may be unlawfully obtained

If I post a link to a site with pirated software, cracks, or serial numbers I can be liable.

• informing others of FTP sites were software may be unlawfully obtained

If I post a link to a site with links to sites with links I may be liable I.E. Yahoo has links to Warez sites. I post a link to Yahoo. Darnit, I am guilty of 'cONTRIBUTORY iNFRINGEMENT'.

• aiding others in locating or using unauthorized software
• supporting sites upon which the above information may be obtained
• allowing sites where the above information may be obtained to exist on a server

Vicarious Liability for Infringement by Another Person. Anyone who has the authority and ability to control another person who infringes any of the exclusive rights and who derives a financial benefit therefrom, is vicariously liable for the infringement of another person.

• ISPs who have warez or pirate sites on their system
• ISPs who have pirates for customers

Get real. This could mean that Digisys could be "liable for someone's actions who is under no control of them.

• sys admins for newsgroups or IRC where pirate activity takes place

Congress is granted the power in Article I Section 8 Clause 8 to "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to ther respective Writings and Discoveries."

The SPA is taking the copyright law to insane extremes. It is my belief that the SPA is advocating imoral and unconstitional acts.

© 1997, Software Publishers Association. All Rights Reserved. (By RePosting this based on what the SPA states I am commiting a illegal act.)