Hacker 2/HACKER2.mdf/cud/cud463b.txt

Text File | 1995-01-03 | 32KB | 608 lines

Date: Sun, 6 Dec 92 11:22:38 CST
>From:  Jim Thomas <[e-mail]>
Subject: File 2--What is the Software Publishers' Association (SPA)?

((MODERATORS' NOTE: The following description of the SPA is a file
written by the SPA and available for downloading from the SPA
forum on Compuserve)).

++++++

What Is the Software Publishers Association?

The Software Publishers Association (SPA) is the principal trade
association of the microcomputer software industry. Founded in 1984 by
25 firms, the SPA now has more than 900 members, which include the
major business, consumer and education software companies and smaller
firms with annual revenues of less than $1 million. The SPA is
committed to promoting the industry and protecting the interests of
its membership.

The SPA has two membership categories:  full and associate. Software
firms that produce, release, develop or license microcomputer software
and are principally responsible for the marketing and sales of that
software are eligible to apply for full membership status. Firms that
develop software but do not publish are also eligible. Associate
membership is open to firms that do not publish software, but provide
services to software companies.  These members include vendors,
consultants, market research firms, distributors and hardware
manufacturers.

Business, Consumer, and Education Sections

Full SPA members can choose to be part of the Business, Consumer, and
Education Sections by contributing 25% of their dues to one or more of
these specialized subgroups.  Section participation comes free with
membership, and it entitles members to information on a specific
segment of the industry. Many members devote all 25% of their dues to
one section, and some elect to join all three sections. Either way,
you will be invited to participate in section meetings, projects, the
planning of SPA meeting sessions, and other activities related to
specific software markets.

Business Section:  The Business Section comprises the largest subgroup
of the SPA membership, with representative companies ranging from
small start-ups to some of the largest software firms.  The group
focuses many of its activities and meetings on licensing and managing
software assets, as well as tax-related issues.  The Business Section
also played an integral role in developing the SPA Resource Guide for
Developing Your Software Business, which is collection of articles
covering key issues in the industry such as marketing, distribution,
PR, and finance.

Consumer Section:  The Consumer Section is comprised of publishers of
consumer games, recreation software, home productivity programs, as
well as other companies specializing in consumer software.  The
Consumer Section will be offering free to its members the results of
its End-User survey, which will scrutinize hardware and software
purchases of 1500 households with computers.  The Section also
publishes a quarterly newsletter focusing on consumer software issues.
The group meets several times a year at SPA meetings and trade shows,
including Summer and Winter CES, to discuss projects and issues
affecting the consumer software industry.

Education Section:  With member companies publishing software for the
K-12 and higher-education markets, the Education Section plays an
active role in this segment of the industry.  Past projects have
included a School Software Survey, the Education LAN Survey, the
Report on the Effectiveness of Microcomputers in Schools, among
others.  Programs are also being developed to promote awareness of
software piracy amongst teachers and students.  The Education Section
comes together at SPA meetings and other educational conferences
throughout the year.

International Activities

SPA Europe was created to promote and provide services to the European
software industry.  Now in its second full year of operation, SPA
Europe represents more than 100 European software publishers,
re-publishers, distributors, SPU manufacturers, and other
industry-related firms, in 15 different countries from Iceland to
Turkey.  Companies interested in joining SPA Europe should contact the
membership department at:

     SPA Europe
     2 Place de la Defense
     World Trade Center, CNIT BP 416
     92053 Paris La Defense, France
     Tel:  [phone]  Fax:  [phone]


Programs and Benefits

SPA Semiannual Conferences:  The SPA meets twice a year, on the east
coast in the Fall and on the west coast in the Spring. The
conferences, which attract more than 1000 attendees, offer members an
opportunity to meet with industry leaders and executives. Attendees
participate in informative sessions, discuss issues and mobilize their
efforts in committee meetings, which focus on the consumer, education
and business markets.

European Conference:  The European conference, hosted by SPA Europe,
is an opportunity to meet with more than 350 peers in an informal
setting.  It also offers a chance to learn more about the European
software industry and the forces that drive international markets.
For the past 3 year, the European Conference has been held in Cannes,
France.

Market Research Program:  Each month, participating publishers receive
detailed market sales reports.  Members use the SPA's monthly
aggregate sales reports to track software industry trends, the
relative sizes of market segments and their own market share. Members
that participate in this market research program submit sales figures
and information to the national accounting firm of Arthur Andersen &
Co. in Washington, D.C., The reports are available only to the SPA
members who share their confidential sales figures and information.
Individual company sales data is not disclosed.  According to many of
the SPA's members, the reports are the most reliable source of market
data available to the industry.

Salary Survey:  The SPA conducts the software industry's most
extensive salary survey. The annual survey focuses on human resource
practices, and short and long term compensation for more than 30
positions common to companies in our industry. Participants receive
the survey results free of charge.

CEO Roundtable:  Chief Executive Officers of member companies meet in
small groups with other CEOs of non-competitive firms to discuss
informally a wide range of business problems including marketing,
personnel and breaking into the distribution channel.

Contracts Reference Disk and Manual:  The Contracts Reference Disk and
Manual (CRD) is a compendium of legal contracts used in the software
industry. Although it is not intended to replace an attorney, it is an
indispensable tool that includes everything from nondisclosure
agreements to site-licensing agreements. It costs $300 for nonmembers,
but is free to members.

Lobbying: The SPA provides industry representation before the U.S.
Congress and the executive branch of government and keeps members
up-to-date on events in Washington, D.C., that effect them. The fight
against software piracy is among its top priorities. The SPA is the
industry's primary defense against software copyright violators both
in the United States and abroad. Litigation and an ongoing advertising
campaign are ways in which the SPA strives to protect the copyrights
of its members.

SPA Newsletter and Complimentary Subscriptions: Members receive the
SPA News on a monthly basis.  The newsletter updates members on SPA
programs and activities. Special features include start-up success
stories and "country profiles" covering international marketing and
distribution issues. In addition, members receive complimentary
subscriptions to industry publications, including Jeffrey Tarter's
Soft*letter, Digital Information Group's Software Industry Bulletin
and Broadview Associates' Perspectives.

Award Programs: The SPA Excellence in Software Awards recognize
products that have achieved a high level of excellence, as determined
by the SPA members. They are the software industry's version of the
movie industry's Oscars. Members vote to award prizes in 25
categories, including best software program, best entertainment, best
business application, best home learning and best new use of a
computer. The winners receive national publicity.

The Sales Certification Program awards certifications to software
products that reach outstanding sales levels of 500,000; 250,000;
100,000; and 50,000 units sold. Gelfand, Renner & Feldman, the
accounting firm that manages the Recording Industry of America's
certifications, conducts the sales audits for the SPA.

Special Interest Groups (SIG) All SPA members may choose to join any
number of Special Interest Groups (SIGs).  Each SIG maintains
individual memberships (unlike the SPA membership, which is corporate)
with dues of at least $100 per person per SIG.

All SIGs are member driven.  While some SIGs have chosen to produce
reports, initiate projects, and assemble sessions at SPA conferences,
others use the group as a forum for information exchange, discussion
and networking.  Refer to each SIG description for its specific
activities.  All SIGs meet formally at least twice a year at SPA
conferences.  Some SIGs meet more frequently at other industry trade
shows, such as COMDEX and CES.


CD SIG:  The CD SIG was formed to promote the CD as a viable medium in
the computer industry.  Through a better understanding of the
implications of this emerging technology, this SIG plans to assist
members in planning and profitably executing CD programs.

International SIG:  As a coalition of software publishers and
distributors involved in international markets, the International SIG
seeks to provide members with information on creating partnerships and
business alliances in overseas markets.   The SIG aims to help its
members develop and sustain profitable international sales and
operations through reports, resource guides and international sessions
at SPA conferences.

Macintosh SIG:  The Macintosh SIG consists of Macintosh software
vendors that work to facilitate the sharing of information and
resources.  The SIG promotes the common business interests of
companies developing, publishing, marketing or reporting on products
for the Apple Macintosh computer.

Marketing SIG:  The Marketing SIGs goal is to promote successful
marketing in the PC software industry by allowing participants to
share information and ideas regarding relevant marketing issues.  SIG
projects have included a biannual marketing newsletter, planning the
marketing bootcamps at SPA conferences, and a collection of 450 tips
called "The Do's and Don'ts of PC Software Marketing."

Pen Computing SIG:  The Pen Computing SIG offers players in this
emerging market an opportunity to network and discuss issues relevant
to pen computing. The SIG aims to promote awareness of pen computing
in the industry and acts as an information source for companies
involved in this emerging technology.

Public Relations SIG:  The PR SIG offers public relations
professionals within the SPA and the software industry an opportunity
to share information, network and discuss common concerns.

Software Production Services  SIG:  Formerly the Packaging SIG, the
Software Production Services SIG was recently reorganized to meet the
needs of packagers and publishers alike.  The group intends to act as
an information source for its members, and broaden its focus to
include translation, distribution, project management, as well as
packaging issues.

Workgroup Computing SIG:  The newly-formed Workgroup Computing SIG
aims to foster the growth of groupware capabilities and market
acceptance by enabling vendors of PC LAN products to share information
on issues related to this emerging segment of the industry.  The
Workgroup SIG is currently soliciting new members who have an interest
in groupware technology.

Is it Okay to copy my colleague's software?

No, it's not okay to copy your colleague's software. Software is
protected by federal copyright law, which says that you can't make
such additional copies without the permission of the copyright holder.
By protecting the investment of computer software companies in
software development, the copyright law serves the cause of promoting
broad public availability of new, creative, and innovative products.
These companies devote large portions of their earnings to the
creation of new software products and they deserve a fair return on
their investment.  The creative teams who develop the software
programmers, writers, graphic artists and others  also deserve fair
compensation for their efforts.  Without the protection given by our
copyright laws, they would be unable to produce the valuable programs
that have become so important in our daily lives:  educational
software that teaches us much needed skills; business software that
allows us to save time, effort and money; and entertainment and
personal productivity software that enhances leisure time.

That makes sense, but what do I get out of purchasing my own software?

When you purchase authorized copies of software programs, you receive
user guides and tutorials, quick reference cards, the opportunity to
purchase upgrades, and technical support from the software publishers.
For most software programs, you can read about user benefits in the
registration brochure or upgrade flyer in the product box.

What exactly does the law say about copying software?

The law says that anyone who purchases a copy of software has the
right to load that copy onto a single computer and to make another
copy "for archival purposes only."  It is illegal to use that software
on more than one computer or to make or distribute copies of that
software for any other purpose unless specific permission has been
obtained from the copyright owner. If you pirate software, you may
face not only a civil suit for damages and other relief, but criminal
liability as well, including fines and jail terms of up to one year.

So I'm never allowed to copy software for any other reason?

That's correct. Other than copying the software you purchase onto a
single computer and making another copy "for archival purposes only,"
the copyright law prohibits you from making additional copies of the
software for any other reason unless you obtain the permission of the
software company. At my company, we pass disks around all the time.
We all assume that this must be okay since it was the company that
purchased the software in the first place.

Many employees don't realize that corporations are bound by the
copyright laws, just like everyone else. Such conduct exposes the
company (and possibly the persons involved) to liability for copyright
infringement.  Consequently, more and more corporations concerned
about their liability have written policies against such
"softlifting". Employees may face disciplinary action if they make
extra copies of the company's software for use at home or on
additional computers within the office.  A good rule to remember is
that there must be one authorized copy of a software product for every
computer upon which it is run.

Do the same rules apply to bulletin boards and user groups?  I always
thought that the reason they got together was to share software.

Yes.  Bulletin boards and user groups are bound by the copyright law
just as individuals and corporations. However, to the extent they
offer shareware or public domain software, this is a perfectly
acceptable practice.  Similarly, some software companies offer
bulletin boards and user groups special demonstration versions of
their products, which in some instances may be copied.  In any event,
it is the responsibility of the bulletin board operator or user group
to respect copyright law and to ensure that it is not used as a
vehicle for unauthorized copying or distribution.

What about schools and professional training organizations?

The same copyright responsibilities that apply to individuals and
corporations apply to schools and professional training organizations.
No one is exempt from the copyright law.

I'll bet most of the people who copy software don't even know that
they're breaking the law.

Because the software industry is relatively new, and because copying
software is so easy, many people are either unaware of the laws
governing software use or choose to ignore them.  It is the
responsibility of each and every software user to understand and
adhere to copyright law.  Ignorance of the law is no excuse. If you
are part of an organization, see what you can do to initiate a policy
statement that everyone respects.  Also, suggest that your management
consider conducting a software audit.  Finally, as an individual, help
spread the word that the users should be "software legal."

The Software Publishers Association produces a Self-Audit Kit that
describes procedures appropriate for ensuring that a business or
organization is "software legal."  For a free copy of the Self-Audit
Kit, including a sample corporate policy statement and "SPAudit," a
software management tool, please write to the following address.
Please specify the format (DOS or Macintosh) and disk size  (3.5" or
5.25" for DOS) with your request.

   "Self-Audit Kit"
   Software Publishers Association
   1730 M Street, NW, Suite 700
   Washington, D.C.  20036
   [phone]

Special thanks to Aldus Corporation for their contribution to this
brochure.  We urge you to make as many copies as you would like in
order to help us spread the word that unauthorized coping of software
is illegal.

THE LAW

Software is automatically protected by federal copyright law from the
moment of its creation.  The rights granted to the owner of a
copyright are clearly stated in the Copyright Act, which is found at
Title 17 of the US Code.  The Act gives the owner of the copyright the
exclusive rights to "reproduce the copyrighted work" and "to
distribute copies ... of the copyrighted work" (Section 106). It also
states that "anyone who violates any of the exclusive rights of the
copyright owner ... is an infringer of the copyright" (Section 501),
and sets forth several penalties for such conduct.  Persons who
purchase a copy of software have no right to make additional copies
without the permission of the copyright owner, except for the rights
to (i) copy the software onto a single computer and to (ii) make
"another copy for archival purposes only, which are specifically
provided in the Copyright Act (Section 117).

Software creates unique problems for copyright owners because it is so
easy to duplicate, and the copy is usually as good as the original.
This fact, however, does not make it legal to violate the rights of
the copyright owner.  Although software is a new medium of
intellectual property, its protection is grounded in the
long-established copyright rules that govern other more familiar
media, such as records, books, and films.  The unauthorized
duplication of software constitutes copyright infringement regardless
of whether it is done for sale, for free distribution, or for the
copier's own use.  Moreover, copiers are liable for the resulting
copyright infringement whether or not they knew their conduct violated
federal law.  Penalties include liability for damages suffered by the
copyright owner plus any profits of the infringer that are
attributable to the copying, or statutory damages of up to $100,000
for each work infringed.  The unauthorized duplication of software is
also a Federal crime if done "willfully and for purposes of commercial
advantage or private financial gain."  Criminal penalties include
fines of as much as $250,000 and jail terms of up to 5 years.

USE OF SOFTWARE
Anyone who purchases a copy of software has the right to load it onto
a single computer and to make another copy "for archival purposes
only." It is illegal to load that software onto more than one computer
or to make copies of that software for any other purpose unless
specific permission has been obtained from the copyright owner.  The
law applies equally, for example, to a $25 game and a $750 project
management program.  Each product reflects a substantial investment of
time and money by many individuals.  Software development involves a
team effort that blends the creative talents of writers, programmers
and graphic artists.  Piracy diminishes the value of a program and
further, deprives the developers of fair compensation.

Software piracy inhibits innovation.  The software industry is filled
with new developers trying to break into a crowded market.  They can
survive only if their products are purchased. Each theft makes staying
in business more difficult.

RENTAL OF SOFTWARE
It has always been illegal to rent unauthorized copies of software.
However, concern over the fact that the rental of authorized or
original software frequently resulted in the creation of pirated
software led Congress to enact the Software Rental Amendments Act of
1990 (Public Law 101-650), which now prohibits the rental, leasing, or
lending of original copies of any software without the express
permission of the copyright owner.  Consequently, it is important to
recognize and comply with this clarification of the copyright law.

USE OF SOFTWARE BY SCHOOLS
Public or private educational institutions are not exempt from the
copyright laws.  To the contrary, because of their unique position of
influence, schools must remain committed to upholding the copyright
laws.  Just as it would be wrong to buy one textbook and photocopy it
for use by other students, it is wrong for a school to duplicate
software (or to allow its faculty or students to do so) without
authority from the publisher.

Some people claim that software publishers should allow schools to
copy programs because it is the only way some school systems can
afford to provide enough software for their students.  However, the
acquisition of software is no different than any other product or
service required by a school.  Schools purchase books, audio-visual
equipment and classroom furniture, and they pay a fair price for them.
Newer and better software can be developed only if the software
development team receives a fair price for its efforts.

Many software firms offer special sales arrangements to schools.
These include discounts for additional copies of programs,
reduced-priced lab packs (a quantity of programs sold together) and
site license agreements (an arrangement that allows a school to make a
specified number of copies for one location at a fixed price).
Schools should make every effort to uphold the law, because it is by
their example that students will learn to have respect for
intellectual property.

USER GROUPS
The personal computer industry owes much of its success to the
proliferation of user groups. These groups provide a valuable service
as forums for sharing computing experience and expertise.  User groups
should, however, ensure that their meetings are not used to promote
illegal duplication or distribution of software.

The unauthorized duplication or distribution of software by user
groups or at user group meetings places many people in a vulnerable
position. The individuals who duplicate or distribute software, as
well as the user group itself and the owner of the meeting place, may
be held responsible as copyright violators.

A close relationship between user groups and the software publishing
community is mutually beneficial.  User groups should encourage
ethical software use among their members.  Likewise, software
publishers should respond to users' needs for proper support and
updates.

BUSINESS USERS
In the workplace, softlifting is characterized by two common
incidents:  extra copies of software are made for employees to take
home, and extra copies are made for the office.  Both situations mean
a greater number of computers can run more copies of the software than
were originally purchased.

Unless a special arrangement has been made between the business user
and the publisher, the user must follow a simple rule:  one software
package per computer.  This means that a copy of software should be
purchased for every computer on which it will be used.  For example,
if the business has 10 computers on which employees use spreadsheet
software, it must purchase 10 copies of such software.  If there are
25 secretaries using word processing software on their computers, each
secretary must have a purchased copy, etc.

Another option that has proven successful is for firms to enter into
special site licensing purchase agreements with publishers.  These
agreements compensate the publishers for the lost sales they might
have made on a package-by-package basis because the company agrees to
pay a certain amount for a specific number of copies they will make
and not exceed on site.  At the same time, they eliminate the
possibility that copyright violations will occur.  By buying as many
programs as it will need, a company removes the incentive for
employees to make unauthorized copies.  Adhering to these rules will
pay off in the long run, because a firm that illegally duplicates
software exposes itself to tremendous liability.

Many software applications are sold in "Local Area Network" (LAN)
versions.  If your company has a LAN, be sure to follow the
publisher's guidelines for the use of software on the LAN.  It is a
violation of the copyright laws and most license agreements to allow a
single-copy version of software on a LAN to be simultaneously accessed
by more than one user.

Finally, it has been found that when companies enact a policy
statement stating their intention to ensure employee compliance with
copyright regulations, the risk of software piracy is reduced.  A
sample corporate policy statement is included on the back panel of
this brochure.

REPORTING COPYRIGHT VIOLATIONS
The SPA has established a special toll free number for reports of
copyright violations: 1-800-388-7478.  The SPA has filed many lawsuits
against individuals and companies engaged in the unauthorized
duplication of PC software and will continue to do so when it becomes
aware of situations that warrant such action.

SPA MATERIALS
The SPA has a variety of materials about the legal use of software.
Our Self-Audit Kit describes procedures appropriate for ensuring that
a business or organization is "software legal."  The Kit includes
SPAudit, a software management tool, and is available free of charge
to businesses and organizations (DOS or Macintosh versions).  In
addition, the SPA has a 12 minute videotape on the subject of software
piracy entitled "Its Just Not Worth The Risk."  The video is a useful
tool for instructing business users about the legal use of software
products and is available for $10.  We also publish additional
brochures and a poster on the subject of software piracy.  Please call
or write the SPA if you are interested in obtaining any of these
materials.

CONCLUSION
Most people do not purposely break the law.  They would never consider
stealing money from someones pocket.  But those who copy software
without authorization are stealing intellectual property and they
should understand the consequences of their actions.

If you are an individual user, don't break the law.  Everyone pays for
your crime.  If you are part of an organization, see to it that your
organization complies with the law, and that it issues an appropriate
policy statement that is signed and respected by all involved.

SAMPLE CORPORATE POLICY STATEMENT

Company/Agency Policy Regarding the Use of Microcomputer Software

1. (Company/Agency) purchases or licenses the use of copies of
computer software from a variety of outside companies.
(Company/Agency) does not own the copyright to this software or its
related documentation and, unless authorized by the software
developer, does not have the right to reproduce it for use on more
than one computer.

2. With regard to use on local area networks or on multiple machines,
(Company/Agency) employees shall use the software only in accordance
with the license agreement.

3. (Company/Agency) employees learning of any misuse of software or
related documentation within the company shall notify the department
manager or (Company's/Agency's) legal counsel.

4. According to the US. Copyright Law, illegal reproduction of
software can be subject to civil damages of as much as $100,000 per
work copied, and criminal penalties, including fines and imprisonment.
(Company/Agency) employees who make, acquire or use unauthorized
copies of computer software shall be disciplined as appropriate under
the circumstances.  Such discipline may include termination.
(Company/Agency) does not condone the illegal duplication of software.


I am fully aware of the software protection policies of
(Company/Agent) and agree to uphold those policies.



Employee Signature and Date



SOFTWARE PUBLISHERS ASSOCIATION
1730 M St., NW, Suite 700
Washington, D.C.  20036
Phone: [phone]  Fax: [phone]
Piracy Hotline-1-800-388-7478

Everyone benefits from a healthy computer software industry.

With each passing year, evolving software technology brings us faster,
more sophisticated, versatile and easy-to-use products. Business
software allows companies to save time, effort and money. Educational
computer programs teach basic skills and sophisticated subjects.  Home
software now includes a wide array of programs that enhance the user's
productivity and creativity.  Computer graphics have turned PCs into a
veritable artist's palette, and new games are increasingly inventive.
The industry is thriving and users stand to benefit along with the
publishers.

Along the way, however, the problem of software theft has developed,
and threatens to impede the development of new software products.
Romantically called "piracy," the unauthorized duplication of software
is a Federal offense that affects everyone:  large and small software
publishers and legitimate users.  Even the users of unlawful copies
suffer from their own illegal actions.  They receive no documentation,
no customer support and no information about product updates.


When a few people steal software, everyone loses.

This guide is intended to provide a basic understanding of the issues
involved in ethical software use.  It will tell you what the laws are,
how to follow them and why you should adhere to them.  We encourage
you to make and distribute copies of this brochure.

This guide is only one component of an ongoing effort by the Software
Publishers Association to increase public awareness of software
piracy. If you have any questions about the legal use of software, or
would like additional copies of this pamphlet, please call the
Software Publishers Association at [phone].

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