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Software Licensing And Piracy


            In 1993 worldwide illegal copying of domestic and .
             5 billion to the software industry, .
             2 billion in the United States alone. Estimates show .
             that over 40 percent of U.S. software company revenues are generated .
             overseas, yet nearly 85 percent of the software industry's piracy .
             losses occurred outside of the United States borders. The Software .
             Publishers Association indicated that approximately 35 percent of the .
             business software in the United States was obtained illegally, which .
             30 percent of the piracy occurs in corporate settings. In a corporate .
             setting or business, every computer must have its own set of original .
             software and the appropriate number of manuals. It is illegal for a .
             corporation or business to purchase a single set of original software .
             and then load that software onto more than one computer, or lend, copy .
             or distribute software for any reason without the prior written .
             consent of the software manufacturer. Many software managers are .
             concerned with the legal compliance, along with asset management and .
             costs at their organizations. Many firms involve their legal .
             departments and human resources in regards to software distribution .
             and licensing. .
             Information can qualify to be property in two ways; patent law .
             and copyright laws which are creations of federal statutes, pursuant .
             to Constitutional grant of legislative authority. In order for the .
             government to prosecute the unauthorized copying of computerized .
             information as theft, it must first rely on other theories of .
             information-as-property. Trade secret laws are created by state law, .
             and most jurisdictions have laws that criminalize the violations of a .
             trade-secret holder's rights in the secret. The definition of a trade .
             secret varies somewhat from state to state, but commonly have the same .
             elements. For example, AThe information must be secret, Anot of public .
             knowledge or of general knowledge in the trade or business, a court .


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