SUBJECT:

Software Sharing at UCSD

We are alerting the campus community - students, faculty and staff - to the personal risks involved with illegal software copying. It is important that you understand these risks not only because of the possibility of disciplinary action, but also to protect against criminal prosecution and the initiation of civil litigation by copyright holders. We would like you to be very aware that initiation of legal action by copyright holders is becoming more of a reality every day.

Though trading of copyrighted software has become commonplace, it is often not legal to do so. Most material is copyrighted and obtaining or offering such material in violation of the U.S. copyright law may be punishable with civil and criminal penalties, including fines and imprisonment. When copyright holders resort to legal actions, there isn't anything the University will be able to do to protect those guilty of infringing on copyrights.

All software used at the University is covered by copyright law. When the software is purchased in a "shrink-wrapped" package, a license agreement - which defines the terms and conditions of use - is included, along with media and documentation. When software is obtained under a departmental agreement, a campus wide agreement or a Universitywide agreement, the terms and conditions of use are contained in the agreement between the vendor and the administering University of California unit.

Software users must be aware that use of software products carries with it legal considerations that are part of the larger issue of copyright protection. Users, departmental computer support staff, and managers should know the basics of licensing to protect themselves, their department, and UCSD.

As the Internet Service Provider to the campus community, UCSD receives many notices of infringement claims about file-sharing. In compliance with the 1998 Digital Millennium Copyright Act and UCSD Policy 500-5, UCSD expeditiously takes action when notified of infringing sites located on the campus network. All of these incidents are referred to the appropriate campus officials and appropriate disciplinary actions are levied against those who are downloading or offering copyrighted materials without appropriate permission.

There are many sources of useful copyright information. The following are particularly applicable to software license issues:

Microsoft Licenses & Piracy: http://www.microsoft.com/piracy/

Business Software Alliance: http://www.bsa.org/usa/antipiracy

Software & Information Industry Association -- Anti-Piracy:
http://www.siia.net/piracy/default.asp

UC Copyright Policy: http://adminrecords.ucsd.edu/ppm/docs/500-5.html

BLINK: Computer Copyright Compliance: http://blink.ucsd.edu/go/copyright

UC Commitment to Copyright Law:
http://www.ucop.edu/irc/policy/copycommit.html

U.S. Copyright Office: http://www.copyright.gov/

If you have any questions about these issues, please contact your system administrator or go to http://acs.ucsd.edu/lib/aup_ref.php for additional information.

Steven W. Relyea Vice Chancellor, Business Affairs David R. Miller Acting Senior Vice Chancellor, Academic Affairs