Software Licensing Laws - Are You Unknowingly An Innocent Offender?

Keeping track of all educational software on school systems can be a highly taxing task. With a wide range of software licences requiring renewal at different times, this task is made increasingly complex. Schools have a duty of care to record all software licence information to avoid breaching laws, as the use of unlicensed software can result in prosecution.

With the growing significance of e-safety and the misuse of educational software across the UK, it is essential that schools appreciate Software Asset Management. Software Asset Management is the process of managing software with regards to licence compliance, usage and demand. A sturdy Software Asset Management system can help schools to enhance their IT efficiencies, minimise licensing and support costs, and more skilfully manage legal risks.

A survey conducted by BESA suggests that half of schools in the UK find the issue of software licensing complex. Software licences tend to be written for a legal audience, therefore the language proves highly confusing to today's teachers, and even to lawyers it is not particularly comprehensible. Understandably many teachers are unsure about the permitted copying of software as well as the possible penalties of unlicensed software use. This is an essential issue to address in this modern day, in order to ensure legal software licensing and e-safety.

Ensuring legal software licensing

When purchasing software, a school or local authority is agreeing to a contract of ownership of the physical materials, such as the CD-Rom, and manuals. The information contained on the software remains the property of the publisher and can only be used by the consumer. This information on the purchased software is then designed to be lawfully installed on the school's computer. Additional copying of the software is breaching copyright laws, resulting in illegal installation. For example, if a teacher copies the software onto their personal laptop, they may unintentionally violate today's licensing laws.

It is vitally important that the software licence is read and understood, before the software is installed on the computer. If the licence conditions are breached, it is highly likely that infringement of the owners' copyright has been committed.

Numerous teachers are bewildered by these issues, some being under the illusion that tracking unlicensed software use is a difficult procedure. This is far from the truth; the Business Software Alliance (BSA) can very easily track illegal licensing. BSA is a non-profit making organisation committed to providing information regarding software copyright and cyber security.

The alarming truth of illegal software use…

Infringement of the legal licensing laws can result in substantial court costs. Legal action is not common, however it can occur. Recently, two colleges were fined a combined total of £10,000 by the BSA for licence breaches.

Software licensing abuse: unveiling the truth…

Consider the following possible breaches of licence laws:

Informal disk swapping among staff - Licences often only cover the original software for use on a single computer.
Unlicensed lending - Teachers are not permitted to lend software to students for home use, and even school libraries may not loan out the software.
Unauthorised student copying of software – Educational establishments will be exposed to a higher risk of viruses and security problems.
Second hand or donated computers - It is the duty of the establishment to prove that the software installed is legal, some systems may be sold with unlicensed pre-installed software.

Points to consider

Buy only from reputable establishments, to avoid counterfeit software and illegal licences.
Ensure a detailed invoice of all hardware and software supplied.
It is paramount that ICT coordinators and teachers are aware of what licences actually permit. Make sure that the software licence is given in electronic and paper format.
Consider whether the software will need to be used on just a single computer or on multiple computers. Will the software be used across multiple computers connected to a central network?
High-quality licence administration will ensure maintaining the legal use of software and also will lead to superior budgeting of software and licences.