 Acceptable
Use Policy (AUP)
The Superintendent or designee shall develop and implement
administrative regulations, guidelines, and user agreements consistent with
the purposes and mission of the District and with law and policy.
Access to the District’s technology resources is a privilege, not a right. All
users shall be required to acknowledge receipt and understanding of all
administrative regulations governing use of the District’s technology
resources and shall agree in writing to allow monitoring of their use and to
comply with such regulations and guidelines. Noncompliance may result in
suspension of access or termination of privileges and other disciplinary
action consistent with District policies. [See DH, FN series, FO series, and
the Student Code of Conduct] Violations of law may result in criminal
prosecution as well as disciplinary action by the District.
http://bisd.us/PDFs/Employment/12-13_EmployeeHandbook.pdf
Licensing and
Software
piracy
Web/Wiki
publishing
Orphan
Works
Copyright
TEACH Act
plagiarism
Fair Use
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A. Copyright Act - The basis for copyright lies in the Copyright Act of 1976 (as
amended). This is an expansive Federal law contained in section 17 of the United States
Code and is known simply as the "Copyright Act."
B. Licensor's Rights - The holder of the copyright in a work has the exclusive right to do
and to authorize any of the following:
1. To reproduce the copyrighted work in copies;
2. To prepare derivative works based upon the copyrighted work; and
3. To distribute copies of the copyrighted work to the public by sale or other transfer of
ownership, or by rental, lease, or lending.
C. Copyright Creation - Copyright in a work arises at the time the work is created and
fixed in a tangible medium of expression (e.g., written on paper, recorded on audiotape
or videotape or saved in electronic form on a floppy disk, hard drive or CD-ROM).
D. Who Is The Owner - The owner of the copyright may be (I) the author or (ii) the
author's employer if the work is a "work made for hire" or (iii) another party to whom the
original (or a succeeding) copyright holder has assigned the copyright.
E. What Is Not Copyrighted - All works of intellectual property are presumed by the
Copyright Act to be protected by copyright unless they are specifically designated
otherwise.
F. What Can Be Copied - Generally, software can only be copied (I) in the process of
installation on a single computer (for each authorized license) provided the original
copy is not used elsewhere or (ii) to make a single archival (backup) copy. This archival
copy can only be used if the original software fails or is destroyed.
G. Additional Information - For more information visit the web site for the United States
Copyright
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A. License Agreements - The terms for authorized use of Software are generally found in a license agreement
provided with the software. A software license agreement is a binding legal contract.
B. Ownership vs. Limited Right to Use - Almost invariably when you buy software you are obtaining not the
ownership of the software but rather a license to use the software and, sometimes, possession of media on
which the software is stored (a diskette or CD-ROM). The copyright owner (who may also be called the
"licensor," "software publisher," or "vendor") retains the copyright to the work. What the consumer is actually
paying for is the limited, nonexclusive right to use the software only in accordance with the terms of the license
agreement.
C. Shrink-wrap and Click-on Licenses - Shrink-wrap software is commercial software that comes packaged
in transparent shrink-wrap plastic. The package includes a printed license agreement visible through the
shrink-wrap, which provides that the purchaser's removal of the shrink-wrap indicates consent to the terms of
that license agreement.
Click-on licenses are licenses that appear (usually in a pop-up display) when an application is initially
downloaded, installed or launched. The display instructs the user to read the license and indicate his/her (I)
acceptance of its terms by clicking on an "I Accept" or "OK" box or (ii) non-acceptance, in which case the user
is prevented from using or accessing the application further unless or until he/she accepts the license (again
by clicking on the acceptance box).
Do not assume that shrink-wrap or click-on licenses are not enforceable. At least one recent court decision
upheld the enforceability of a shrink-wrap license. Recently enacted Pennsylvania state law (The Electronic
Transactions Act, 73 Pa.C.S. 2260.101 et seq. [1999]) and federal law (The Electronic Signatures in Global and
National Commerce Act [sometimes referred to as the "E-SIGN Act"], 114 Stat 464 [2000] [to be codified as 15
USCS Section 7001]) covering electronic commerce would also appear to support the enforceability of click-on
licenses.
D. Perpetual vs. Term - A perpetual license lasts forever (although any given software program is likely to
become functionally obsolete within a few years). A license for a specified term lasts only for the defined term
(often, one year). Shrink-wrap software usually has a perpetual term.
E. Where to Find the License - For non-bulk purchases, a hard copy of the license almost always comes with
the software. Sometimes a license agreement for a particular software program may be viewed within the
program by selecting "Help" from the menu bar at the top of the Window, then selecting "About [XYZ Software
Program]." Many vendors or licensors of popular software post copies of their licenses on the World Wide Web.
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. Reading the Software License - To understand the terms of the licensing agreement, you must read
the entire agreement carefully. Unfortunately, these agreements are too often written in an overly
legalistic style with hard to understand legalese and unfamiliar computer jargon. However, your failure
to understand the terms does not excuse your noncompliance with them. In addition, what you think the
agreement should say or what you think is "fair" or "logical" is not important. Neither is what the
salesperson (that sold you the software) told you of any significance. What is important is the language
of the written license agreement. Be sure that you understand what the agreement says you may do
(e.g., install and use one copy of the software on a single computer, make one copy of the software for
archive or backup purposes) and what it says you may not do (e.g., the software may not be used by
more than a single user at one time). The agreement will probably restrict you from renting, leasing,
assigning, or transferring the software. Remember that you are starting out with no rights and you will
end up with only those rights that are explicitly granted to you in the agreement.
G. Secondary Use Rights - Some software licenses permit installation on more than one computer
subject to certain restrictions ("Secondary Use Rights"). Secondary Use Rights may allow you to use a
copy of the software on a home or portable computer if that copy of the software is never loaded (ready
for active use) at the same time the software is loaded on your primary computer. Do not assume that
your license grants you Secondary Use Rights. Be careful. Some Secondary Use Rights permit a user to
install a copy of software from "work" at "home" but does not permit the reverse. Unless the license
expressly provides you Secondary Use Rights, you do not have them. Even if the license does provide
Secondary Use Rights, you will be subject to the particular restrictions contained in the license
agreement. These restrictions vary from license to license.
H. Network Systems and Concurrent Use - Software that is incorporated in a University network or
computer system must be covered by a licensing agreement. Some licenses permit installations on
multiple computers provided that the software program is not used by more than a certain number of
users at any one time (concurrent users). Only authorized employees of the Office of Computer
Services and certain other duly authorized University employees may install or otherwise copy software
that is subject to a concurrent use license.
I. Site License - A site license is a license that allows an organization to copy and use a software
package on multiple computers at one business site. The cost of a site license is more than the cost of
one copy of the software, but much less than the cost of buying one copy of the software for each
computer. Only certain duly authorized employees may install or otherwise copy software that is
subject to a site license. No user should assume that the University has a site license for a software
program that enables him or her to copy that software.
F
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A. Software Piracy - Software piracy is the unauthorized duplication, distribution or use of
computer software. For example, copying and installing software onto more than one computer
(more accurately, onto a number of computers that is greater than the number of licenses held
for that software) can constitute software piracy. Copyright law protects software. Violations of
copyright law (copyright infringement) can carry both civil and criminal penalties.
B. Discovering Piracy - There are a number of ways for someone to get caught making or
using illegal copies of software. Illegally copied software can be discovered (I) during software
audits by computer support personnel, network administrators or by the Office of Internal
Audits, (ii) during software audits by software publishers or (iii) after a report is filed by other
employees. All University owned and leased computers are subject to audit at any time without
notice.
C. Consequences - The consequences of copyright infringement can be quite severe. The law
provides for statutory damages of between $750 and $30,000 for each act of copyright
infringement and up to $150,000 for each willful act of copyright infringement. The copyright
holder is not required to prove that it suffered any actual lost profits or damage in order to
collect statutory damages from infringers. While a copyright holder may attempt to take action
against the University as a licensee, the individual responsible for any unauthorized use
remains liable under the law and under University policy. The University will not defend or
indemnify violators, but rather will seek indemnity (payment for any amount the University is
required to spend on penalties, settlements and legal fees) from violators.
 The
practice of taking someone else's
work or ideas and passing them as your
own.
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Fair use is an exception in the copyright laws which
allows limited use (for purposes of critique, parody,
or scholastically) of copyrighted material without
requiring permission from the copyright holders
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The importance of the TEACH Act stems from the
previous copyright laws that allow educators to copy
documents or use copyrighted materials in a face-toface classroom setting. Because of the growth of
distance education that does not contain a face-toface classroom setting revisions to these laws have
been made on sections 110(2)m of the copyright
law.
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What is a wiki?
A wiki site is a collaboratively edited web site: a collection of
interlinked documents and files accessible and editable by web
browser. Wikis are essentially web sites that can be developed, modified
and maintained by their readers. The most well known Wiki is Wikipedia.
Wikipedia is an online encyclopedia where entries are both created and
modified by its readers. Every page in the Wikipedia has an “edit this
page” link. Using this link, the readers of Wikipedia are able to correct
errors and add details to encyclopedia articles. The Wikis offered at the
University are powered by an application called Confluence. This
application allows authors with minimal technical experience to create
and edit web pages.
http://web.unimelb.edu.au/__data/assets/pdf_file/0019/81082/b3-wikiservice.pdf
http://web.unimelb.edu.au/tools/wikis
What can I use a Wiki for?
Wikis provide a shared space that can be quickly editing by a number of people.
This format means thatpeople can typically use Wikis to share and collaborate on
information with an area of shared interest. Hereare some uses:
Web site for community of practice. Allow members to add to a shared body of
knowledge
Technical documentation and standards. U these wiki to allow people to edit
the support materials.
Lists. Students and researchers working together to create an annotated
bibliography.
Resource sharing. Team sharing useful links and other online resources.
Project and committee collaboration. A common use of Wikis is for project
support, providing a way of
sharing ideas, resources and schedules.
Conference and events. Wikis are often used to plan meetings or events.
An orphan work is a work for which the copyright
owner cannot be contacted or found.
 Reasons for a work to be orphan include that the
copyright owner is unaware of their ownership or
that the copyright owner has died or gone out of
business (if a company) and it is not possible to
establish to whom ownership of the
copyright has passed.
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A public domain work is a creative work that is
not protected by copyright and which may be
freely used by everyone. The reasons that the
work is not protected include: (1) the term of
copyright for the work has expired;
 (2) the author failed to
 satisfy statutory
 formalities to perfect the
 copyright or (3) the work
 is a work of the U.S.
 Government.
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A violation of the rights secured by a copyright. Work
should not be reproduced, distributed, performed,
publicly displayed and made into a durative work
without the permission on the owner.
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1. What documentation is accepted as legal proof of purchase and licensing for software?
Always keep the following information and documentation to show that your software is "legal":
·
All original diskettes or CDs
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All original manuals and reference documentation
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All licensing documentation (For commercial software, this is usually a printed form that came with the software. For shareware/freeware, you will need to print
out the license agreement.)
·
Invoices, purchase receipts, and any other proofs of purchase for software
(See Section VI, Documentation of Valid License.)
2. Are all software licenses the same?
No. Each software license is a unique contract and terms may vary among software packages. You should read the licensing agreement carefully for full details. (See
Section IV, Software Licensing.)
3. What's the difference between commercial, site-licensed, shareware, freeware, and public domain software?
·
Commercial software (such as Microsoft Word) is generally licensed to users for a fee. Such software is typically sold in retail stores. Commercial software
publishers have become increasingly vigilant about monitoring licensed use of software. Commercial software publishers sometimes license the use of their software
on an institution-wide basis (rather than for individual users). This is referred to as "site licensed" software. Terms of the site license may vary from institution to
institution.
·
Shareware is software that can be copied (usually by downloading from the Internet) and used at no cost for a trial period, after which the user must purchase a
license (typically a small fee). Shareware is still protected by copyright law and licensing agreements.
·
Freeware is software that is distributed at no charge, but is still protected by copyright law and licensing agreements. Freeware can be distributed freely, but
cannot be re-sold for profit.
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Public Domain software are programs in which the developer has surrendered all rights. It may be freely copied, distributed, and modified. Public domain
software is the exception rather than the rule. You should never assume that a software package is public domain unless it is explicitly designated as such.
(See Section II, Software for full details.)
4. Can I use the software that I have at work on my home computer if I'm using it for work-related projects?
No, unless stated otherwise in the license agreement. Some software packages have "secondary use rights" that allow the user to install software on a home or
portable computer, but this is the exception rather than the rule. Unless the license specifically gives you secondary rights, you do not have them. (See Section IV,
Part G, Secondary Use Rights.)
5. I have two offices in my department. If I buy a software title for one of them can I also install it in the other?
No, unless stated otherwise in the license agreement. Some software packages have "secondary use rights" that allow the user to install software on a second
computer, but this is the exception rather than the rule. Unless the license specifically gives you secondary rights, you do not have them. (See Section IV, Part G,
Secondary Use Rights.)
6. Can I transfer my software license to another person at Temple?
If software is transferred from the computer of one Temple University employee to another, all documentation (see question 1) should also be transferred to the new
user. All copies of the software should be removed from the former user's computer. Some licenses may have additional restrictions on transfers. You should always
review the license before transferring software. (See Section VI, Part C, Transfer.)
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http://www.google.com/#hl=en&output=search&sclie
http://www.thefreedictionary.com/copyright+infringement
http://www.google.com/search?q=plagiarism+cartoon&hl=
en&prmd=imvns&tbm=isch&tbo=u&source=univ&sa=X&ei=
PXr_T6uGBsi42QWBl8GZBA&ved=0CFAQsAQ&biw=1280&b
ih=622
en.wikipedia.org/wiki/Public domain
http://mason.gmu.edu/~montecin/copyrightinternet.htm
http://www.ccsj.edu/blackboard/BB%20copyright_fair_u
se.pdf
http://www.unc.edu/~unclng/public-d.htm
http://wiki.answers.com/Q/What_is_fair_use_copyright
http://www.temple.edu/cs/policies/swlicensingcourse.html
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