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Ang mababasa niyo ngayon ay isang sanaysay na ipinagawa sa amin ng aming propesora sa PLM, Pebrero taong 2010. Ito ay tungkol sa software piracy at sana ay maibahagi niyo rin ang inyong saloobin ukol dito.
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Software piracy can be defined as "copying and using commercial software purchased by someone else". Software piracy is illegal. Each pirated piece of software takes away from company profits, reducing funds for further software development initiatives. – This is the definition of software piracy. Last Friday, our professor showed us a short video titled, “Partly Cloudy” by Disney Pixar. After letting us watch the video, she asked us if she committed software piracy. In my opinion, that is a big NO. But let me explaine first the scenario. While watching the short movie, I noticed that it is in a low resolution, meaning its not good when it is played full-screen, because the picture is not in good quality and the sound is poor. In short, I can say that the video is in a Flash Video format (.flv), and because the video is in the said format, it is probably downloaded from youtube, or if not youtube, on another video hosting site. These video hosting sites have Terms of Service and the common between them is thet the user may not copy, display, sell, download, etc the content of the site (except the users’ submissions). Below is the Section 5 of YouTube’s Terms of Service:
“5. Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the YouTube Website.
A. The content on the YouTube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to YouTube, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. YouTube reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the YouTube Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by YouTube on the YouTube Website for that User Submission……”
As stated above, the user shall not copy any user submission(the videos) unless there is a download link given. Our professor cannot download the video (with any means) without the download link of the video. Clearly, our professor didn’t violate the terms of service of youtube. But there is a problem, the video is a property of Disney Pixar. So, who is the one that committed software piracy? It is the uploader of the video. Unless the uploader is the Pixar Studio itself, then the video is legal to be hosted in youtube, because Pixar studios own the video. Below is the section 6-B of youtube’s terms of service:
“6. Your User Submissions and Conduct…..
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.”
If our professor downloaded the video from youtube and the user who uploaded the video (which whom the video came from) doesn’t hold any copyrights and licenses that proves that he own the video, then that user definitely committed software piracy, ehich is illegal. In our professor’s case, she didn’t commit any act of software piracy. She didn’t sell it, she didn’t use it for commercial purposes. She just posses a pirated material. So absolutely, the answer to the question is a big NO. However here is what I’ve got from HR Hero Line free electronic magazine(Article: Pirated
Software Creates Substantial Risk for Employers)
“ Being in possession of pirated software can lead to both civil and criminal charges resulting in copyright infringement fines of up to $150,000 per violation and even prison time for company executives. In addition to the legal ramifications, pirated software can expose your computer network to viruses and other corruption.” Even our professor didn’t commit any act of software piracy, she is at risk of having such criminal case because she possess a pirated software which is the video(unless the uploader is Disney Pixar itself).
I hope my explanation is clear about this. So again, our
professor didn’t commit any act of software piracy.
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At iyan po ang aking saloobin na nais kong iparating sa inyo. Kayo, ano ang masasabi ninyo tungkol sa software piracy?
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3 (mga) komento:
She commited software piracy. The video is owned by youtube, SHE got it or someone got it for her from youtube (which does not allow it provided by the catch-22, "unless there is a download button"). The possesion of the material equates to piracy since you cannot possess a e-material without copying it. :D. Copying without paying the owner of the video is piracy. She commited piracy against youtube not pixar. :D
And by paying i mean "getting permission"
Thanks for the comment. The reason i posted this is because I'm waiting for someone to contradict me.
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