Software piracy is defined as the illegal copying, distribution, and use of software. It is a massively profitable business, being a focal point for many organized crime groups. Software piracy is also very present – a recent study done by the Business Software Alliance shows that about 36 percent of all software that is used today is stolen. Do you want to learn more about the legal implications of software piracy? Learn more from a professional software attorney in Miami Beach. Also, contact a good attorney if you find yourself in a software dispute in Miami Beach.

What is software piracy?

As mentioned above, software piracy is defined as the illegal copying, distribution, and use of software. It has become a major worldwide issue. China, India, and the United States are the top three offenders on the global scene, but other countries are also very active. The commercial value of pirated software is estimated at $19 billion in North America and Europe. In the rest of the world, the value of pirated software is estimated at $27.3 billion. According to a study from 2018, about 37 percent of software installed on personal computers is unlicensed or pirated.

Software piracy is very diverse. Not all software piracy requires a skilled developer or hacker. An average person, with basic computer skills, can become a software pirate. This usually happens because many people don't know or understand software laws. Software piracy has a widespread impact – virtually every type of software can be illegally copied and distributed. Learn more about software piracy from a professional software attorney in Miami Beach. Make sure to contact a good attorney if you find yourself in a software dispute in Miami Beach.

Every time you purchase a software package, you will notice the EULA inscription. EULA stands for end-user license agreement and is the basic type of copyright protection against software piracy. The EULA states that you can install a single copy of the software you bought on your computer, but you can make a backup copy in case the original is damaged or lost. You automatically agree to the license agreement when you open the software package, when you open the envelope that contains the disks or when you install the software.

Software piracy always applies to fully-functioning software. This means that the software must work properly and must be a viable commercial product. Time-limited or function-restricted software versions, commonly called shareware, are not usually pirated. Freeware is also a type of software that is not pirate, mainly because it is already free.

The types of software piracy

Software piracy seems to be omnipresent. You can find pirated software almost everywhere. Here are some of the most common methods used to illegally duplicate piracy:

#1 – Softlifting

This is by far the most common type of software piracy. Also known as softloading, softlifting means sharing a software package with someone who is not authorized to use it. The most common type of softlifting is when a person buys a software package and then installs it on multiple computers. The software is designed to be installed on a single computer – installing it on multiple computers is considered software piracy.

For instance, in colleges or schools, it's difficult to find a software package that has not been softloaded. This practice is extremely common in these settings. In many cases, however, people are doing this without criminal intent. Unfortunately, softlifting is common both in businesses and homes.

#2 – Hard disk loading

Hard disk loading is often committed by hardware dealers. The common procedure is to install a software package on multiple computers and then selling the computers with the software already installed. The end-user buys the computer with the software, but without actually buying the software. This makes the deal more attractive to the buyer but has no or minimal cost to the dealer.

#3 – Renting

When you rent a copy of the software for temporary use, without the permission of the copyright owner, you may be considered a software pirate. Renting violates license agreements, so it is illegal. If you are unsure about software piracy laws, contact a professional software attorney in Miami Beach. Also, contact a good attorney if you find yourself in a software dispute in Miami Beach.

#4 – OEM un-bundling

Often known as un-bundling, this type of piracy happens when an entity sells a stand-alone software package originally meant to be included with another accompanying product. An example of this is providing drivers to a specific printer without proper authorization.

#5 – Counterfeiting

Counterfeiting is a very common type of software piracy. It basically means producing fake copies of a software package, making it look authentic. This means that the software pirate provides some type of identification in order to show that the software is valid. Everything is designed to look like the original product. Usually, Microsoft products are pirated via counterfeiting because they are used by millions of people. Most commonly, a photocopy of the manual is made, and a copy of the CD is made with a CD-burner. Counterfeited products are sold at prices far below the actual retail price.

#6 – Online piracy

This is by far the fastest-growing type of software piracy. There are billions of online users, so the market for counterfeit software is massive. As internet connection speeds increase, more and more people are attracted by this phenomenon. In the past, internet bulletin board systems were the only place where you could get pirated software. Now, there are thousands of warez and torrent websites that provide unlimited downloads to any user. Unfortunately, these websites are difficult to regulate or shut down, and they are very popular. The software provided on these warez websites is often cracked, eliminating the need for any copy protection schemes.

The risks of software piracy:

Software piracy lets users get software that they otherwise would not afford. However, there are several dangers or risks associated with software piracy. The major negative consequences of software piracy are:

- there's an increased risk that the software will not work properly or fail unexpectedly, reducing productivity or creating risky situations

- there's no access to support, training, upgrades, and bug fixes, especially for those provided by the developer

- there is no warranty and the software cannot be updated

- there is an increased risk of infecting your PC with adware, malware, and viruses

- there is an increased risk of damaging your computer

- there are various legal repercussions associated with using illegal software

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