What Does Free Speech Have to do With Software Piracy? DC Court Takes Up the Issue

The long-running case of Solers, Inc. v. Doe in the District of Columbia raises the interesting dilemma of balancing significant free speech rights with the interest of an alleged "victim" to pursue claims against an alleged anonymous defamer.  Usually, this issue arises in the context of an online message board poster's public diatribe against someone or something, made under a pseudonym.  The alleged victim then sues the poster under the name "John Doe" and immediately subpoenas the web site host or publisher to try to discover the real identity of the poster.  Thus far, courts have acknowledged the transcendental importance of free speech and, for the most part, blocked disclosure of the posters' identities.  A collection of some of those cases is described here.  In Solers, there is a twist.  An informant ("whistleblower") made a private report to the SIIA via a piracy reporting link on the SIIA's web site, and Solers subsequently embarked on a quest to unmask that informant.  The latest appellate ruling in the case is a mixed bag for Solers, establishing significant hurdles that make it unlikely for Solers to acquire the identity of the informant, but giving Solers one more shot to try.  More significantly, the decision adds to a body of case law addressing when an alleged claim of wrongdoing may overcome the First Amendment right to make anonymous speech.

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SIIA Launches Don't Copy That Floppy Sequel -- Don't Copy That 2

Today, SIIA launched its new anti-piracy video - “Don’t Copy That 2”. The video is a sequel to the 1992 “Don’t Copy That Floppy”video, which was a huge success in schools throughout the country and eventually became a cult phenomenon on YouTube. You can view the video on the Don’t Copy That Website or search for it on YouTube. (You can also download a copy of the video in podcast form on iTunes. Just search for “Don’t Copy That Floppy 2”.)

The video is intended to be fun to watch while also conveying the message that pirating software and content carries stiff penalties and can ruin your life. We hope “Don’t Copy That 2” will prevent piracy by helping people make better choices when it comes to downloading or purchasing copyrighted works. The video even concludes with an appearance from convicted software pirate Jeremiah Mondello, who issues a warning about the consequences of software piracy from a federal prison in Oregon.

An extended and modified educational version of “Don’t Copy That 2”  will be released for distribution to classrooms early next year.

See what others are saying about the video:

Wall Street Journal -- http://blogs.wsj.com/digits/2009/09/08/dont-copy-that-floppy-dusts-itself-off-for-the-00s/?blog_id=100&post_id=6373

CNNmoney -- http://money.cnn.com/2009/09/09/news/piracy_floppy/?postversion=2009090914

Technologizer - http://technologizer.com/

http://www.escapistmagazine.com/news/view/94574-Dont-Copy-That-2-Hits-the-Tubes

http://www.examiner.com/x-20129-Denver-Games-Gadgets--Technology-Examiner

6IW.com - http://www.6iw.com/

Popular Fidelity - http://www.popfi.com/

Overclock.net - Overclocking.net - http://www.overclock.net/

UFies.org - http://ufies.org/

CodyDelzer.com BLOG - http://www.codydelzer.com/

The Games News - http://thegames-news.com/

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Properly Document Your Software

A question that comes up daily at SIIA is: What is proper documentation to show my company’s software is licensed?  There are several acceptable ways to demonstrate that your company’s software is properly licensed.

Dated licenses issued by the software publisher are always the best evidence of licensure.  However, if those are not available, your company should locate dated invoices, purchase orders, receipts, or packing slips issued by legitimate software vendors identifying the name and quantity of software purchased and the date of purchase.

 

Alternatively, if your company routinely purchases its software through the same reseller, the reseller should be able to provide your purchase history.  This history should include the name and quantity of the software sold and the date it was purchased.  More...

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