Direct infringement of the copyright law occurs when copyrighted material, like a computer program, is copied or distributed without the copyright ownerÆs permission. (In the software industry the copyright owner is normally the publisher.) It is thus a violation of the copyright law for an IAP (or any server operator) to make, or to allow others to use its server(s) to make, copies of computer programs available for downloading without the copyright ownerÆs consent.

It is also a violation of the copyright ownerÆs rights for an IAP to post, or to allow others to use its server(s) to post, materials, like serial numbers or cracker utilities, that make it possible for others to execute and use pirated software. Such acts, which either induce or materially contribute to copyright infringement by someone else, constitute contributory infringement, and expose IAPs to the same liability for damages, penalties and injunctive relief as a direct infringer.

In many cases, unlicensed copies of computer programs, including copies that have been downloaded from an IAP server, cannot be executed without an appropriate serial number, or unless the program is altered in some way to bypass a copy protection device. Serial numbers and cracker tools are used by unscrupulous persons solely to bypass such devices, and to make it possible for them to use pirated software. A person or entity who makes serial numbers and/or cracker tools available to such persons, therefore, commits contributory infringement, and becomes liable to the copyright owner for damages under the Copyright Law.

IAPs should be aware, therefore, not only that they are liable for allowing pirated software to be made available on their servers, but that they can also be liable if information made available on their system makes it possible for someone to use pirated software. It is, therefore, incumbent on IAPs to make sure that serial numbers and cracker tools are not present on their systems. In this way, IAPs can protect themselves from liability as contributory infringers.

SPA recommends that IAPs monitor their systems regularly to eliminate unlicensed computer programs, serial numbers, and cracker tools. A critical element of the SPAÆs Internet Anti-Piracy Campaign (IAPC) is its Server-End Education Program. SPA has made available to IAPs information that will enable them to monitor their systems for piracy, and thereby protect themselves from liability. If an IAP does discover infringing material on their system, they should immediately report that fact to SPA and cooperate in an investigation to determine the party or parties that is or are directly responsible.