The use of copied software

Over the past few years, a number of people, usually friends involved one way or another in IT, have asked me about the morality of the use of unlicensed copies of computer software.

This is, of course, something new to me, because even if I use computer programs for personal use only and not for profit, I don't anymore bother to check whether the software is to be paid for or not each time I use it.

It's like reading a book that I may find in some common place. I can just pick it up, browse and read part or all of it, without having to check if it has to be paid for or not. Obviously, if it's a friend's book that I would like to take home for a time, then I should ask permission. But usually, no payment is asked.

We need to clarify the issue more thoroughly. I discovered that the first law that entitled computer software developers some intellectual property rights was the 1980 Computer Software Amendment Act of the United States. Similar laws in other places soon followed.

But these laws at times were too one-sided as they favored the developers of these products without considering many other factors that really need to be given due attention and relief.

Like, when new versions come and the users of the previous versions that now become obsolete and may not be sold anymore suffer some economic or professional damage because they may have to abandon a database they have created with the previous versions. These users should be given some relief.

Or when a developer of a software gains a dominant position in the market and creates a monopoly, commanding exorbitant prices, in a field that has become a basic channel for information and communication. There obviously is a kind of unfairness here, but this is hardly being addressed up to now.

For sure, we need to distinguish between professional programs used by banks, big corporations, architectural firms, and non-professional programs used by students, householders, etc.

Since some of the latter programs are priced too high due perhaps to the fact that the developer has become a monopolist, some people may not consider it illicit to make copies for a friend who would use it not for some lucrative business but for some personal purpose.

We also can distinguish between the new versions and the old ones. Making copies of the old ones that generally are not sold anymore should not be a big problem. Anyway, many of these developers make software with planned or built-in obsolescence for their products.

They should not worry too much if their old products are copied.

Also, we can consider the usual attitude of the police and other authorities with respect to this issue. They usually are after those who commit massive frauds, rather than those who make copies that a single user might give to a friend for personal use.

In all these and given the fact that the whole matter still does not enjoy very clear and authoritative ethical rules, we should be careful not to fuss excessively about it, imposing casuistic rules that often are meant to favor the developers or to confuse and unnecessarily bother the users.

We have to acknowledge that people have different sensitivities, and the questions in this field should be raised and tackled in a way that is respectful of this variety.

If someone feels uncomfortable because he is using programs of unknown origin, then he can remove such programs. But he should not impose that rule on the others who feel differently.

This, of course, should not be taken to mean that we are promoting pure subjectivism here. It's just that we have to recognize that people have different levels of knowledge and experience that should also be taken into consideration when assessing the morality of the use of unlicensed software.

Obviously, sorting out all the aspects of this issue is still a work in progress. We need to closely monitor the developments and controversial situations generated by this issue, and try to resolve them as promptly and as best we could. All relevant parties should join hands in this endeavor.

As a tentative final word, we can say that we should not burden the conscience of those who copy non-professional programs with no intention of making a profit.

Also, it might be a good idea to inform people on open source software, since they help restrain monopolistic tendencies of some developers.

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