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Software Copyright Laws
Software Copyright Laws Fail to Provide Adequate Protection
Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are also well known for overlooking these laws, which were designed to protect the makes of software from not earning their worth. Perhaps one of the biggest hitches leading so many software businesses to go out of business is the fact that they have a great deal of difficulty actually enforcing the software copyright laws that are in place and getting the money that is owed them according to the agreements that have been made with those on the using end of the software.
Software developers, particularly in the corporate world design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers that create these massive programs. These programs are often designed specifically for that one company and are very expensive. The agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of royalties for the use of the software.
The purchasing companies agree to this and then more often than not fail to honor that agreement. The agreement is what allows this company to use that software, this agreement is what allows that permission. When companies aren't living up to their end of this agreement they are not only guilty of breaching that agreement but also of breaking software copyright laws. The trouble always lies in proving that they are not honoring the contract and the extent and duration of the breach.
Some of the ways that companies will argue in defense of them not paying the royalties, additional fees, purchasing additional software, etc. is that they upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws) the problem lies in the fact that adding ten new computers and placing the software on those should mean that you remove it from or get rid of 10 old computers. This is rarely how it works. So now they've basically stolen ten copies of software that can be well worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies trying this or worse each year and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be.
Software copyright laws exist to protect the software companies from this type of abuse and misuse, however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court.
There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws to the point of breaking make the exceptions rather than miserly consumers that do not wish to pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software only 'renting' out permission for people or companies to 'use' that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing that the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies.
Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. Ways to Quit your Job Yet Still Maintain Positive Ties Just as there are ways to get jobs, there are also ways to leave jobs--especially one where you have cultivated relationships. Moving on to a new position does not mean that you have to leave on bad terms. Get the job you want without leaving your current job on bad terms. Choosing to leave one job for another one is a decision that is often unavoidable. In order to progress in life, changing jobs may be necessary. Whether it is increased pay, more room for advancement or a better work environment, changing jobs is a natural part of life. While some employees leave jobs because they are unhappy, other employees leave because they simply need or want a new job. These employees may have great working relationships with their employees and co-workers. They may even have good personal relationships with these people. Extenuating circumstances like friendships can make it difficult to move from one job to another. However, this necessary move can be made without destroying ties that are important to you. Being professional and careful when leaving your job can make leaving much easier. First of all, do not tell anyone you are planning one leaving. No matter how close you are to your co-workers, keep your intentions quiet. Arrange interviews during times that do not conflict with your current job. You do not want to miss work for an interview. Remember your current employer is an excellent reference for you. Maintain your good reputation at your current job. Continue to do a good job and care about your particular position. Using the company phones, e-mail or fax machine to contact your new potential employer is not appropriate. Use your own devices to contact the interviewer. Until you have the new job, things should be business as usual on your current job. Also, never give your notice at your current job until you are sure that you have the other job. Having to retract a two-week notice because you prematurely gave it is a sure way to cause friction. Once your new job is secure and you have given your tow week notice, continue to be a good employee. Be on time for work and complete your projects. Remember, no matter what your new job is, you have obligations to your current job. Write out your notice. Compose a nice letter thanking your boss and co-workers and provide two or more weeks notice. By giving a written and dated letter no one will be able to dispute the length of your notice. Also, you will be providing a professional and considerate notice. Allow your co-workers and bosses to say goodbye to you. If they want to take you out for a drink on your last day, oblige them. Enjoy celebrating an end of an era. You may keep in contact afterwards but you probably won’t be working together again. Let them know that you realize this and that you leaving is not personal. Sometimes, no matter what you do, some people are not going to be okay with you leaving a job. There will always be someone who thinks that you getting another job is not a good idea for you. This is especially true for co-workers or bosses who you have a relationship with. Some of that is probably coming for the fact that they will miss you being around the office. Others can be envious of your boldness. It takes a lot to leave a comfy work environment for a challenging job. There is no way to please everyone. In these cases, just remain positive and ignore any backlash you may face. |