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13.8.3 Software Copyright and Patents
Software copyright protects the code of a program, ensuring that no one can copy, distribute or modify it without
permission. It gives the original author exclusive rights to their software.
Software patents protect the ideas behind the software, such as the method or process it uses. They stop others from
creating software that uses the same or similar techniques. Copyright focuses on code, while patents focus on ideas.
The difference between Software Copyright and Software Patents is:

Aspect Software Copyright Software Patents
What is protected Code (written program) Ideas, processes or methods used in
software
Protection Prevents copying, distributing, modifying code Prevents use, sale or production of
patented methods
Duration Lifetime of author + 60 years 20 years from filing date
Cost Relatively low cost High cost, as it involves a formal
application process
Example Preventing code copying Preventing use of a patented algorithm

13.8.4 Software Piracy
Software Piracy as the name itself suggests is illegal and refers to the unlawful act using copying or distributing
software. But is it a matter of concern? Yes, of course. Let us understand a bit more about software products first.
Software products have become an essential part of the global infrastructure. As such, they also constitute a major
part of the world’s economy, guarantee public safety and provide a basis of entertainment to a large segment of the
world’s population.
There are mainly two types of software. They are as follows:
• Commercial Software: This software has either to be purchased or used with permission.
• Free or “Open Source” Software: This software can be freely used, modified and distributed and hence is called
open-source software.
It is thus the Commercial software for which the concept of Software Piracy has become so important.

This legally protected software, i.e., the Commercial Software when copied, distributed, modified or stolen without
informing or taking permission of the owner comes under the banner of Software Piracy.

Suppose, we had bought an original licensed software from the vendor and, we got the complete rights also to use it,
but only for a single computer. So, legally we cannot install it on another computer and if we try to use it on another
computer or try to make a copy of it and sell it to others, then the act becomes an act of Software Piracy.
According to the Business Software Alliance (BSA) which is a non-profit trade association created to advance the
goals of the software industry and its hardware partners, nearly 36% of all software presently in use has been stolen
internationally. This is a problem of the software world which reduces the revenue of the concerned company as well
as the country a lot.
The Indian Copyright Act, 1957 protects the rights of software owners and helps control software piracy. This Act
states that any copy of the software which is used without the license and/or permission (granted by the owner of the
copyright) is illegal.

Types of Software Piracy

Following are the different types of software piracy:
• Counterfeiting: When there is illegal duplication, distribution or sale of copyrighted material with the intent of
imitating the copyrighted product, then it is known as Counterfeiting of the Software.

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