ABA Family Legal Guide

Computer Law

Computer Copyright and Trademark Issues

Copying Software and Downloading Entertainment

How can software be legally used?

Software is protected by copyright and is only legally usable by people or businesses that purchase a license, which is simply permission to use the software. Most software that you buy in the store, and much of what comes with your computer (such as software on compact discs) comes with a shrink-wrap license. Under this license system, the manufacturer regards you as having agreed to the terms of its licensing agreement contained inside the package once you open the plastic shrink-wrap of the package.

The software already loaded onto your computer is covered by licenses arranged with the company that preloaded it, and to which you agree under a principle analogous to the shrink-wrap license.

Increasingly, you are also required to navigate a click box that comes up on the first screen you see during installation, during which time you click "YES" to the terms of the license agreement if you want to proceed--and "NO" if you want to return the merchandise and seek a refund. This device is also used for licenses that allow you access to certain websites and other online resources.

You should, therefore, beware of friends bearing gifts. For example, suppose your friend has just sent you an e-mail stating he has bought and downloaded the most amazing software. It can do everything but pour coffee. He says he would like to give you a copy of his software as a gift.