Am I My Brother's Keeper?: Vicarious Liability for Software Piracy
| Publication year | 1994 |
| Pages | 2511 |
| Citation | Vol. 23 No. 11 Pg. 2511 |
1994, November, Pg. 2511. Am I My Brother's Keeper?: Vicarious Liability for Software Piracy
Computer consultants and programmers are often called on to help refine programs and application software. Although many applications are licensed as prepackaged software, many others are applications designed to use the prepackaged software and are customized to the specific needs of each customer. This would include, for example, specially designed databases or document preparation software.
Microsoft® recently set up a program establishing Microsoft® Solution Providers, comprised of software developers who create applications using their Office software suite, which includes word-processing, spreadsheets, presentation software and a database. An application can be developed, for example, that would help a company create, maintain and organize travel schedules, including reservations, for all of its employees. Although this might be prepared as a prepackaged program, there would be nuances that would change with each company and would require some specific programming.
Companies and the consultants they hire to perform these tasks are often unaware of potential liability that they may incur from each other. Software piracy, copying of software without permission of the copyright holder, has been rampant since the introduction of the personal computer. Even with the Copyright Amendment Act of 1992, which created additional criminal penalties for unauthorized copying often or more copies of a software package, piracy continues to be a major problem. To cope with this problem, organizations of software publishers, such as the Software Publishers Association ("SPA"), have devised an aggressive campaign to identify and prosecute software pirates. This increased vigor in pursuing participants in copyright infringement raises serious questions about the exposure of software consultants and programmers and the companies that hire them. The significant cases in this area relate to print media or the music and entertainment industry, but the same concepts would apply in relation to infringement of software copyrights.
Employment Context
Liability for copyright infringement may be imposed on an individual who is not a direct, primary...
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