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Ethical and Legal Use of Software:
A Guide for Students, Faculty, and Staff
at the University of Michigan
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Revised 14Nov1997, Reference R1174
Software enables people to accomplish many different tasks with computers.
Unfortunately, in order to get their work done quickly and conveniently, some
people justify making and using unauthorized copies of software. They may not
understand the implications of their actions or the restrictions of the U.S.
copyright law.

Here Are Some Relevant Facts
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1. Unauthorized copying of software is illegal. Copyright law protects
software authors and publishers, just as patent law protects inventors.

2. Unauthorized copying of software by individuals can harm the entire
academic community. If unauthorized copying proliferates on a campus, the
institution may incur a legal liability. Also, the institution may find it more
difficult to negotiate agreements that would make software more widely and less
expensively available to members of the academic community.

3. Unauthorized copying of software can deprive developers of a fair return
for their work, increase prices, reduce the level of future support and
enhancement, and inhibit the development of new software products.

Respect for the intellectual work and property of others has traditionally been
essential to the mission of colleges and universities. As members of the academic
community, we value the free exchange of ideas. Just as we do not tolerate
plagiarism, we do not condone the unauthorized copying of software, including
programs, applications, databases, and code.

Software and Intellectual Rights
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Respect for intellectual labor and creativity is vital to academic discourse and
enterprise. This principle applies to works of all authors and publishers in all
media. It encompasses respect for the right to acknowledgment, the right to
privacy, and the right to determine the form, manner, and terms of publication
and distribution. Because electronic information is volatile and easily
reproduced, respect for the work and personal expression of others is especially
critical in computing environments. Violations of authorial integrity-including
plagiarism, invasion of privacy, unauthorized access, and trade secret and
copyright violations-may be grounds for sanctions.

Questions You May Have about Ethical and Legal Use of Software
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1. What do I need to know about software and the U.S. Copyright Act?
Unless it has been placed in the public domain, software is protected by
copyright law. The owner of a copyright holds exclusive right to the reproduction
and distribution of his or her work. Therefore, it is illegal to duplicate or
distribute software or its documentation without the permission of the copyright
owner. If you have purchased your copy, however, you may make a backup for your
own use in case the original is destroyed or fails to work.

2. Can I let other people use software I have purchased myself?
If your software came with a clearly visible license agreement, or if you signed
the registration card, read the license carefully before you use the software.
License agreements can vary considerably from product to product. Some licenses
may restrict use to a specific computer. Copyright law does not permit you to run
your software on two or more computers simultaneously unless the license
agreement specifically allows it. It may, however, be legal to lend your software
to a friend temporarily as long as you do not keep a copy.

3. If software is not copy protected, do I have the right to copy it?
Lack of copy protection does not constitute permission to copy software in order
to share or sell it. Copy protection makes it difficult to illegally copy or use
licensed software. Copy-protected software may, for example, require you to use a
password or enter a serial number before you can run the software.
Non-copy-protected software enables you to protect your investment by making a
backup copy. In offering non-copy-protected software to you, the developer or
publisher has demonstrated significant trust in your integrity.

4. May I copy software that is available through U-M facilities so that I can
use it more conveniently on my own computer?
Software acquired by U-M is usually licensed. The licenses restrict how and where
the software can be legally used by members of the community. This applies to
software installed on hard disks and servers at Campus Computing Sites, software
distributed on disks by campus information technology providers, software on a
campus mainframe, software on a campus central file storage system, and software
available through campus networks. Some institutional licenses permit copying for
certain purposes.

5. How can I find out what the license agreement is for software I want to use at U-M?
U-M maintains information about University software licenses on the Software Licensing and Distribution
Web site. For some of the licensed software distributed electronically, the
accompanying README files contain information about the license agreement. U-M
licensed software is available for purchase at the U-M Computer Showcase in the
Lower Level of the Michigan Union. See the Showcase Web site for software
availability and pricing.

If you are still unsure about the license requirements of a particular software
product, send e-mail to licenses.itd@umich.edu with your
questions.

6. Isn't it legally "fair use" to copy software if the purpose in sharing it is purely educational?
No. It is illegal for a faculty member or student to copy software for
distribution among the members of a class without the permission of the author or
publisher. U-M has negotiated agreements that make software available either to
use or for purchase at special prices. Software available through institutional
site licenses or bulk purchases is subject to copyright and license restrictions,
and you may not make or distribute copies without authorization. Note that these
copyright and license restrictions may also apply to the documentation (for
example, manuals) that accompanies the software.

Alternatives to Explore
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Software can be expensive. You may think that you cannot afford to purchase
certain programs that you need. But there are legal alternatives to unauthorized
copying.

Site-Licensed and Bulk-Purchased Software
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The University of Michigan has negotiated both site-license and bulk-purchase
agreements for your benefit. Software available through institutional site
licenses or bulk purchases is subject to copyright and license restrictions. (See
the answer to Question 5 for how to find out about these agreements.)

Shareware
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Shareware, or "user-supported" software, is copyrighted software that the
developer encourages you to copy and distribute to others. This permission is
explicitly stated in the documentation or displayed on the computer screen. The
developer of shareware generally asks for a small donation or registration fee if
you like the software and plan to use it. By registering, you may receive further
documentation, updates, and enhancements. You are also supporting future software
development. The University has negotiated site licenses for a number of
shareware products.

Public Domain Software
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Sometimes authors dedicate their software to the public domain, which means that
the software is not subject to any copyright restrictions. It can be copied and
shared freely. Software without copyright notice is often, but not necessarily,
in the public domain. Be aware that you should check public domain software for
viruses before copying or using it; be sure to run a current copy of antiviral
software on your computer.

Software Use at the University of Michigan
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- The University of Michigan is committed to ethical and legal practices in
using software. The University expects members of its community-faculty, staff,
and students-to abide by these standards.

- None of the selected software that is available at the Information
Technology Division (ITD) Campus Computing Sites may be copied unless permission
to do so is explicitly stated on the disk or software program itself.

- The University of Michigan currently makes it possible for faculty, staff,
and students to buy protected software at discounted prices through the U-M Computer Showcase. Special
purchase agreements on popular software will continue to be sought in order to
provide the University community access to software at reduced prices.

- The U-M Software Archives contain a collection of software that can be
legally copied, including public domain software and shareware.

- There are a number of ways to obtain software at U-M:

U-M Computer Showcase
The U-M Computer Showcase sells U-M licensed and many popular vendor
software packages at academic prices to faculty, staff, and students.

U-M Software Archives
The U-M Public Domain and Shareware Software Archive is a large collection of
public domain and shareware software. Collections include software for Macintosh,
MS-DOS, Apple II, Atari, and Apollo conputers; X11 software; and special
collections for Physics and Linguistics. Also see QuickNote: Obtaining
Software From the U-M Software Archives (also available by sending e-mail
to itd.doc@umich.edu or calling 763-8961).

ITD Software and Distribution
Information on U-M license agreements with select software companies that allow
U-M departments, faculty, staff, and students to get electronic copies of
software at no cost or at special prices.

- If you have any questions about the policy described in this brochure or
about the University of Michigan's policy regarding software use, contact the ITD
computer consultants by e-mail (online.consulting@umich.edu), in
person at the staffed Campus Computing Sites (Angell Hall Courtyard, Michigan
Union, NUBS, and School of Education), or by phone at 764-HELP.

Restrictions on the use of software vary widely from manufacturer to
manufacturer. You should carefully check each piece of software and the
accompanying documentation and license agreement before using a program.

At U-M, you have a right to:
- a safe and secure computing environment -for University purposes only-
through shared networks or negotiated contracts that make software more
affordable for students, faculty, and staff

- protection of intellectual products and property from misuse and abuse

Exercise your responsibility to the community. Do not:
- receive and use copies of software unless they are authorized for your use

- make unauthorized copies of software for others to use

Responsible use will enhance the University's ability to negotiate the license
and pricing agreements that will benefit the campus as a whole. For further
information, see inside this brochure.
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