Software Licensing and Usage Guidelines
The intention of the Software Licensing and Usage Guidelines is to ensure appropriate usage of software and compliance with existing software agreements, by all members of the University of San Diego community. The goal of ITS is to embrace all best practices for software usage and allow enough flexibility to serve the needs of faculty, staff and students.
1.0 Data Sources: A major component of the Software Licensing and Usage Guidelines is data collection. The data will be used for reporting, monitoring, and decision support.
2.0 Compliance: Compliance is an ongoing process and involves information collection and coordination with software vendors. The information collection will allow us to adequately analyze our current and future needs as a campus in terms of software replacement and new acquisitions. ITS will proactively work with software vendors to determine the most cost effective licensing arrangement based on our use of the software.
3.1 Reports: ITS relies on the accuracy of reports in order to make sound decisions on software agreements and renewals. The reports include information on software, licenses and utilization, and are generated from the Kbox asset management system. There are numerous reports that can be generated from the Kbox system. Some include:
4.0 Licensing Arrangements and Definitions:
Commercial software represents the majority of software purchased from software publishers, commercial computer stores, etc. When you buy software, you are actually acquiring a license to use it, not own it. You acquire the license from the company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. In general, commercial software licenses stipulate that
- the software is covered by copyright,
- although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
- modifications to the software are not allowed,
- decompiling (i.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and
- development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder.
Shareware software is covered by copyright, as well. When you acquire software under a shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire the license from the individual or company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. The copyright holders for shareware allow purchasers to make and distribute copies of the software, but demand that if, after testing the software, you adopt it for use, you must pay for it. In general, shareware software licenses stipulate that (1) the software is covered by copyright, (2) although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed, (3) modifications to the software are not allowed, (4) decompiling (i.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and (5) development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder. Selling software as shareware is a marketing decision, it does not change the legal requirements with respect to copyright. That means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use.
Freeware also is covered by copyright and subject to the conditions defined by the holder of the copyright. The conditions for freeware are in direct opposition to normal copyright restrictions. In general, freeware software licenses stipulate that
- the software is covered by copyright,
- copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit,
- modifications to the software is allowed and encouraged,
- decompiling (i.e. reverse engineering) of the program is allowed without the explicit permission of the copyright holder, and
- development of new works built upon the package (derivative works must also be designated as freeware. That means that you cannot take freeware, modify or extend it, and then sell it as commercial or shareware software.
Public domain software comes into being when the original copyright holder explicitly relinquishes all rights to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be public domain it must clearly be marked as such. Before March 1, 1989, it was assumed that intellectual works were NOT covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the public domain notification is stated. This means that for public domain software
- copyright rights have been relinquished,
- software copies can be made for both archival and distribution purposes with no restrictions as to distribution,
- modifications to the software are allowed,
- decompiling (i.e. reverse engineering) of the program code is allowed, and
- development of new works built upon the package (derivative works) is allowed without conditions on the distribution or use of the derivative work.
Information taken from "Using Software: A Guide To The Ethical and Legal Use of Software for Members of the Academic Community."