For those of us who can’t afford (or don’t want to spend money on) the latest software releases, it can be tempting to download free versions that are offered by other people. But before you do, you might want to consider the legal ramifications of doing so, particularly if you’re in the United States. The following is a guide on the legal issues surrounding downloading software for free in the U.S., as well as some alternatives you might want to consider instead. The Legal Question: Can You Download Software for Free? The Legal Question: Can You Download Software for Free?

What Is Software Piracy?
One of today’s most controversial and widespread issues is software piracy. This refers to illegal copying or distribution of software, typically in violation of copyright law. While some argue that it’s morally wrong, others argue that it can benefit consumers by offering access to powerful programs at a lower cost. Regardless, U.S. courts have ruled time and again that it is indeed illegal—and can even result in jail time if you get caught!

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DMCA Safe Harbor Exemption
The Digital Millennium Copyright Act of 1998 is intended to prevent software piracy and copyright infringement. In an effort to meet these goals, it outlines a scheme where ISPs can be protected from certain types of liability when their users upload copyrighted material without permission (safe harbor). Section 512(d) outlines when fair use applies to uploading copyrighted material.

The Legal Question: Can You Download Software for Free?
The Legal Question: Can You Download Software for Free?

Does Fair Use Allow Me to Download Software For Free?
The short answer is no. The long answer involves understanding a concept called fair use. Fair use provides protection for copyrighted works in specific circumstances, including copying of copyrighted materials such as books and software. Although it’s not illegal to download software from various sources without paying, there are several problems with doing so; first of all, you’re still breaking copyright law, which is against what fair use is designed to protect.

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By High Tech Team

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