Hacker 2/HACKER2.mdf/cud/cud436m.txt

Text File | 1995-01-03 | 6KB | 115 lines

Date:     Wed, 12 Aug 1992 18:37 CDT
From:     <[e-mail]>
Subject: File 13--Software piracy in America's schools?

In an advertising publication, CPR (Curriculum Product News),
distributed to school district administrators, an article, "Software
copying in schools:  a 1992 update," presents piracy problems within a
slightly different population than that which we normally see.

The article (unsigned) begins: "The last we heard from Captain
Diskcopy, a few years ago, she and her brash band of pirates were busy
encouraging educators to disregard the law that allows only one backup
copy for each program purchased. Their credo was 'copy, copy,
copy.'...[their] gospel: 'It's OK because you're doing it for the
kids!'"

It continues by detailing the lessening, but apparently still
troublesome, level of software copying in US school districts.  A
representative of the National School Boards Assn. (members include
more than 2000 districts from 50 states) is quoted as saying that
unauthorized copying has been greatly reduced in recent years.

The article continues by citing information from the SPA about the
dollars lost to piracy ($24 billion in 1990), and the availability of
the SPAudit program (30,000 distributed in 1991), as well as a
12-minute videotape, "It's Just Not Worth the Risk."  The tape is part
of an SPA "...public awareness and prevention campaign."

Also mentioned is the ICIA and its pamphlet of "...guidelines for
schools to follow, entitled, 'Should I Copy Micropcomputer Software.'
The guidelines are drawn from the Software Policy Statement published
in 1987 by ISTE (International Society for Technology in Education)...
." ISTE also distributes "A Code of Ethical Conduct for Computer-Using
Educators."

These progams, videos and publications are credited with decreasing
illegal copying in school districts.

The article then explains "lab packs," in which schools can obtain
multiple copies of software for educational purposes at special rates.
It notes that a few firms allow unlimited copying within a single
school building. (Rarely is an entire school district housed in a
single building, which can mean a district would have to buy multiple
lab packs for district use.) A smaller number of firms does offer
district-wide licenses, according to the article.

The article notes that the SPA has never sued a kindergarten through
high school (K-12) district, but does discuss a suit filed against the
University of Oregon's Continuation Center. A negotiated settlement
required the university to "...pay the SPA $130,000, launch a massive
on-campus campaign to educate students and faculty about lawful use of
copyrighted software, and host a national conference on 'Software and
the Law.'"

ICIA also asked its software publishing members to identify schools
which were copying software. An Ohio school district, described in the
article as "average sized," was mentioned frequently after the
campaign began, resulting in ICIA sending a cease and desist order to
the district.

A coordinator for instructional technology in an Indiana school
district then describes some of the problems she's had in purchasing
adequate software for her district's needs at a price that the
district can afford.

She says they are trying to comply with the law, but "'Even when I say
to a publisher that I'm willing to pay whatever you suggest is fair
for a building or district-wide license, they won't discuss it.'"

She also believes software publishers are not responsive to hardware
configurations in districts. Many, she says, have older hardware, and
are in transition periods to newer, but software companies won't allow
for these variations in selling their products. So districts can be
forced to buy multiple licensed copies or, as she suggests, revert to
piracy.

The article concludes with a remark paraphrased from "talking to...
educators" that flexible volume purchasing options would help to
further eliminate pirating in American schools.

The last page of the article (in a three column format) includes a
two-column ad from the SPA with a hotline number to report
"...unauthorized use of software including:
  "*bulletin boards
  "*unauthorized sales
  "*hard disk loading
  "*unauthorized internal copying[.]"
The ad also provides an address for obtaining a free pamphlet about
software and law.

A sidebar to the main story describes potential federal sentences and
fines for piracy, and notes that school districts are legally allowed
to lend software to students and staff unless that is "expressly
prohibited in the publisher's own licensing agreement." The sidebar
was credited to Mark Sherry, identified as president of Microease
Consulting, Inc., consultant with the Mecklenburger Group, and former
director of Software Evaluation for the EPIE Institute.

CURRICULUM PRODUCT NEWS  is a slick (paper-quality) magazine
containing articles, advertising, and the ubiquitous "Circle #xxx for
more information" at the end of the 'news' articles. Its subtitle is
"The Magazine for District-Level Administrators," and it is published
10 times a year by Educational Media, Inc., 992 High Ridge Rd.,
Stamford, CT 06905. The article recapped here was in the May issue,
Vol. 3, No. 9, pages 22-26.

The article was heavy on the industry side (articulation of the
problems of piracy came from trade and like organizations), but did
attempt to balance the concerns and problems of educators with those
of software publishers.  The article provides no specific information
about how much software piracy is going on in elementary and secondary
schools.

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