#0100 Academic
Information Technology Guide
Ethics and Computer
Use
Ethical behavior
applies to computer information as much as it applies to information
in other forms. Some of the ethical responsibilities which accompany
the use of SDSU computing resources include:
- Apply normal
standards of academic ethics and polite conduct when using SDSU computing
services. This includes the respect of privacy.
- Don't encroach
on others use of the computer systems.
- Don't try to
access the private computer files of others, even if they are unprotected.
Using anothers program or procedure without permission is an invasion
of privacy and may qualify as academic plagiarism, and/or copyright
infringement. If you need program information, request it formally
from its owner or from whomever is responsible for its maintenance.
In the case of individual ownership, permission should be discussed
with the owner of the software or data in question.
(http://rohan.sdsu.edu/policy.html)
1.0.
Use of SDSU computing facilities is granted to students for the following
purposes:
- Completion of
course work as assigned by faculty
- Assigned research
and/or limited independent research, and learning
- Participation
in campus sanctioned activities
1.1.
Individuals granted access to computing equipment shall adhere to the
following rules and responsibilities:
- 1.1.1.
Students shall not transmit unsolicited information which contains
obscene, offensive or discriminatory material to another individual,
a mailing list, a news group or a public area on a SDSU computer.
Although mailing list subscribers and/or news group readers are considered
to have solicited all postings, students shall not submit entries
to news groups and/or mailing lists which are considered inappropriate
by the recipients. Repeated transmission of material to a person who
finds such transmission offensive, obscene or discriminatory will
be treated as harassment and is against SDSU and/or State and Federal
regulations. A report will be made to SDSU Judicial Procedures for
determination of appropriate disciplinary action.
- 1.1.2.
Use of SDSU computing facilities, including desktop systems, for the
purposes of private business activities or other non-educational functions
violates the software license agreements extended to educational and
non- profit institutions and is not permitted. Students shall not
violate the license agreement on any software application installed
on a SDSU computer (Copyright Act of 1976 (as amended 1994.))
- 1.1.3.
Students shall not attempt to gain improper access to any computer
system or account, on or off campus. Intentional interception of any
electronic communication is considered improper access and may also
be in violation of the Electronic Communications Privacy Act chapter
119.
- 1.1.4.
Students are required to comply with Usenet News and Listserv etiquette
issues to avoid complaints from other members of the Internet.
- 1.1.5.
Students shall not disturb another user by causing an interruption
of service on that person's terminal or workstation or in that person's
home directory either by physical activity or remote access.
- 1.1.6.
Students shall not waste computer or peripheral resources. Multiple
copies of the same document may not be printed. Students are to utilize
the campus duplication facilities for multi-copy printing.
When the above policies
are violated, the offending individuals' access to SDSUnet resources
will be suspended while a review of the situation is made by Judicial
Procedures. The student may appeal this suspension to Judicial Procedures.
Copyrighted
Programs
You should be aware
that copyrighted programs (such as software for microcomputers) are generally
proprietary and subject to regulation by copyright laws. In general, copyrighted
material may not be duplicated without written permission. Copyright infringement
is subject to legal action.
Listed below are
a few of the Top 10 reasons for illegally copying software (and
why none of them are good enough). (Adapted from an article
of the same name by Vince Incardona, Academic Computing and User Services,
Rochester Institute of Technology.)
Softlifting - the
unauthorized copying of software within a company or other organization.
Okay, okay, we know
you've heard it before; "Thou shalt not copy software illegally." So
why are we reciting this litany again? Simple--it's because we occasionally
encounter illegal software copies, and we have a responsibility for
reminding the community that ownership of intellectual property such
as software must be respected. Usually, when we confront people with
the notion that maybe they shouldn't be doing this, they rationalize
such copying with one or more of the following arguments. We feel compelled
to point out why none of these defenses are likely to hold up if you
are caught.
I'm allowed to make
a backup in case something happens to it, so it must be okay to use
it on another computer.
Most software is
sold with the stipulation that you can do this; but, a backup copy is
exactly that --a backup. Vendors recommend that the copy be used for
installation. The original should be safely locked away. If you then
do anything other than store the copy for safekeeping, it would be reasonable
to conclude that you made the copy simply to avoid paying for a second
license.
I didn't copy it--a
friend gave it to me.
Technically, you're
right. You would not be guilty of illegally copying software in this
case, although your friend would. However, since illegally copied software
is viewed as stolen property, you would be considered just as culpable
for receiving illegally copied software as you would be for stealing
it in the first place.
I bought the software.
Shouldn't I be able to do what I want with it?
Software is seldom
ever sold to individuals. What is sold is a license to use the software.
The terms of that license are almost always spelled out on the outside
of the package, and they tell you what you may and may not do with that
software. When you break open the package, the law assumes that you
have agreed to abide by those terms.
It's OK if you're
using it for educational purposes.
If education were
a justification for theft, driving instructors would be able to steal
cars with impunity. While many software vendors are generous to educational
institutions, this is their prerogative-- not an intrinsic right granted
to educators simply because they are educators. Furthermore, such generosity
is firmly grounded in trust. Stealing intellectual property for educational
purposes violates that trust and jeopardizes that generosity for all
educators, innocent and guilty alike.
There is a doctrine
known as "fair use" which allows some limited use of written materials
in classrooms without permission from the copyright holders. Fair use
generally applies only to sections of written works, and not the whole
work. It generally does not apply to software that is copied in whole
and distributed without compensation to the copyright holder. If this
kind of distribution is allowed, the software license will clearly state
it. Don't assume that it's allowed unless you have it in writing.
I didn't know it
was illegal.
Copyrighted software
carries a copyright notice on the package, and displays a copyright
notice when it begins execution. It would be difficult to convince a
judge or jury that you had no idea that unauthorized copying was illegal
unless you first convince them that you had never used the software
and that you had no clue about the meaning of the word copyright.
The mere fact that
you read this far means that you can't honestly say that nobody told
you that copying software without a license is illegal. And in most
cases, all that has to be proven is that you should have known better,
whether or not you actually did.
In the U.S., Software
vendors have formed a group called the Software Publishers Association;
the SPA both offers rewards for whistle blowers and conducts covert
investigations of software piracy at large organizations. Most of the
people who have been caught by an SPA audit never thought that it would
happen to them.
Oh, come on, everyone
is doing it.
This excuse has
been used to justify everything from speeding to lynching. Think about
this for a second. Approach this argument as you would if your son or
daughter used it to justify something you considered wrong. This is
tantamount to an assertion that you have no will of your own, and that
you define right and wrong simply in terms of what you see people around
you doing. If you don't see yourself that way, why give everyone the
impression that you do?
The bottom line
is simply this: if you are copying software illegally, stop it. If you
see someone else doing it, tell them to stop it. The practice exposes
you and/or your Institution to liability, jeopardizes your chances of
receiving a good, legitimate deal from vendors, and compromises the
university's reputation .
The facilities of
SDSU are limited and should be used wisely and carefully. Computer services
allocated to users through individual, class, or group accounts should
be respected by all as private and valuable property for academic pursuits.
For further information,
see A Guide To The Ethical And Legal
Use Of Software For Members Of The Academic Community.
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