A license is a permission granted by the owner of a trade secret to another party through an agreement based on the granting of rights (not the transfer of rights) to enjoy the economic benefits of a trade secret that is protected for a certain period of time and under certain conditions.
Substance
- License Definition
- Definition of Software
- Types of Software Licenses
- Law on Software Licensing
- Definition of Software Piracy
- Types of Software Piracy
- Piracy Exception.
1. Definition of License
According to Law No. 19 of 2002 concerning Copyright Chapter I article 1
A license is "permission granted by a Copyright holder or Related Rights Holder to another party to announce and/or reproduce their creation or related rights product under certain conditions."
2. Definition of Software
In Chapter I General Provisions Article 1 of the Copyright Law, a computer program is "A set of instructions expressed in the form of language, code, schemes, or other forms, which when combined with media that can be read by a computer will be able to make the computer work to perform special functions or to achieve special results, including preparation in designing these instructions".
3. Types of Software Licenses
According to Microsoft in "The Halloween Document" there are several types of licenses that can be used for computer programs:
a. Commercial license (full version)
Software created with this license is indeed made for commercial purposes. So users who want to use it must buy or get permission to use it from the copyright holder. For example: Microsoft Windows operating system (98, ME, 200, 2003, Vista), Microsoft Office, PhotoShop, Corel Draw.
b. Trial Software License
This license is a type of license that is commonly found in software for demo purposes of a software before it is launched to the public. This license allows users to use, copy or duplicate the software freely. However, because it is a demo, software with this license often does not have the functions and facilities as complete as the commercial version. Moreover, the demo version of the software is usually limited by a certain active period. An example of such a program is the Adobe Photoshop CS Trial Version 30 for days program.
c. Non Commercial Use License
This license is usually intended for educational circles or certain foundations in the social field. Its non-commercial nature, usually free but with certain usage restrictions. An example of software that has this license is the Star Office program that can run under Linux and Windows operating systems at the same time.
d. Shareware License
It is a license that allows users to use or duplicate without having to get permission from the copyright holder. But unlike Trial Software, this license is not limited by time limits and does not yet have complete features. This type of license is usually found in small company software. Some examples of small software that have this license are Winzip, Paint Shop Pro, ACDsee and so on.
e. Freeware License
This license is usually found in software that is supportive or provides additional facilities. Examples include plug-in software that is usually attached to the parent software such as Eye Candy software attached to Adobe Photoshop or a program to convert favorite test-IE to bookmark-Netscape.
f. Royalty-Free Binaries License
Software that has a Royalty-Free Binaries license is similar to a freeware license, except that the product offered is a library that functions to complement existing software and is not a stand-alone software.
g. Open Source License
It is a license that frees its users to run, duplicate, distribute, study, change and improve the performance of the software. Various types of open source licenses develop according to needs such as the GNU/GPL license, The FreeBSD, The MPL. While the types of software that use this license include Linux, sendmail, apache and FreeBSD.
h. Open or Select License
A type of license given to a user who has purchased or paid for a license to use certain software that will be installed on several computer devices that will be used.
i. Original Equipment Manufacture (OEM)
This is a type of license that is given to each device purchased together with the use of its software.
j. Full Price (Retail Product)
It is a type of license given to each user who has purchased software separately from hardware at retail. Usually the purchase of this software will be equipped with a complete license letter with packaging and a manual book of the software.
k. Academic License
This is a type of license that is given to each educational institution (schools or campuses) at a special price and usually with a certain discount (non-commercial) and is indicated by one license letter that can be used on a number of devices as stated in the license letter.
l. Special license for Independent Software Vendors (ISV)
This type of Independent Software Vendor (ISV) is a type of license given to each Independent Software Vendor (ISV) for the purchase of software used for application creation (Development Tools Software) at a special price and usually with a certain amount of discount and indicated by one sheet of license letter that can be used on a number of devices as stated in the license letter. Currently, software manufacturing companies such as Microsoft Indonesia have issued this type of license which is specifically given to ISVs under the guidance of Microsoft Indonesia, one of which is the Andal Software Company ( http://www.andalsoftware.com ).
4. Law on Software Licensing
Law Number 19 of 2002 concerning Copyright
- Article 2 Paragraph (2), creators or copyright holders of cinematographic works and computer programs have the right to grant permission or prohibit others from renting out said creations for commercial purposes without their permission.
- Article 15 Paragraph (g), making a backup copy of a computer program by the owner of the computer program is done solely for his own use.
- Article 30 Paragraph (1), concerning copyright for computer program creations, is valid for 50 (fifty) years from the first announcement.
- Article 45 -- 46, regarding software licenses.
- Article 56, copyright has the right to a claim for damages
- Article 72 Paragraph (1), anyone who intentionally and without right carries out an act as referred to in Article 2 paragraph (1) or Article 49 paragraph (1) and paragraph (2) shall be punished with a minimum of 1 month and/or a minimum of Rp. 1,000,000,- (One Million Rupiah), or a maximum prison sentence of 7 years and/or a maximum fine of Rp. 5,000,000,000,- (Five Billion Rupiah).
- Article 72 Paragraph (2), anyone who intentionally sells to the public a creation or goods resulting from copyright infringement shall be subject to a maximum prison sentence of 5 years and/or a maximum fine of IDR 500,000,000 (Five Hundred Million Rupiah).
- Article 72 Paragraph (3), anyone who intentionally and without permission reproduces the use of a computer program for commercial purposes shall be punished with a maximum prison sentence of 5 years and/or a maximum fine of IDR 500,000,000 (five hundred million rupiah).
5. Definition of Software Piracy
Piracy is taking the creations of other people without their knowledge and permission, so software piracy is the illegal use of software that occurs when someone uses software (such as installing, using, downloading, changing, selling or reproducing) without having permission (license) from the copyright holder of the software in question.
6. Types of Software Piracy
a. Hard disk loading
This is software piracy which is usually carried out by computer sellers who do not have a license for the computers they sell, but the software is installed on the computers purchased by their customers as a "bonus".
b. Under Licensing
This is software piracy which is usually carried out by companies that register a license for a certain amount, but in reality the software is installed for a different amount than the license.
c. Contravening
This is software piracy which is usually carried out by companies that make pirated software by falsifying product packaging (packaging) which is made to look very similar to the original product.
d. Mischanneling
This is software piracy which is usually carried out by an institution that sells its products to other institutions at a relatively cheaper price, with the hope that the institution will gain more profit (revenue) from the sale of the software.
e. End User Copying
Software piracy is usually carried out by a person or institution that has 1 (one) license for a software product, but the software is installed on a number of computers, and this IS THE MOST AND BIGGEST CASE THAT HAS OCCURRED IN OUR COUNTRY, INDONESIA.
f. Internet Piracy
Types of software piracy are often carried out using the internet to sell or distribute unofficial (pirated) products, such as: software, songs (music), films (videos), books, and so on with the aim of making a profit (business).
7. Disclaimer for Piracy
Software piracy itself is essentially a violation of copyright or specifically stated in Intellectual Property Rights (IPR) carried out by users. The exceptions that can be made according to the law in article 15 are explained as follows.
- Use of another party's creations for educational purposes, research, writing scientific papers, compiling reports, writing criticisms or reviews of a problem without harming the reasonable interests of the creator.
- Taking another party's creation, either in whole or in part, for the purposes of defense in or out of court;
- Taking another party's creation, either in whole or in part, for the purposes of: Lectures solely for educational and scientific purposes or Performances or stagings that are free of charge, provided that they do not harm the reasonable interests of the creator.
- Reproduction of scientific, artistic and literary works in Braille for the purposes of the blind, unless the reproduction is of a commercial nature;
- Reproduction of a creation other than a computer program, in a limited manner by any means or tool or similar process by a public library, scientific or educational institution, and non-commercial documentation center solely for the purposes of its activities;
- Changes made based on considerations of the technical implementation of architectural works, such as building creations;
- The creation of a backup copy of a computer program by the owner of the computer program solely for his or her own use.
Conclusion
There are many software licenses in circulation today. And some of these licenses are paid for in full, paid for in a certain period of time, some are free, but some are free with certain terms and conditions. With the existence of a license, regulations are needed as copyright protection for a software. Therefore, the Indonesian government issued laws and regulations that generally regulate Intellectual Property Rights (IPR) and also include in the Law on Copyright. Unfortunately, these regulations seem to be ignored.
Software piracy in Indonesia has now reached a worrying level. Even in June 2009, Indonesia was recorded as the 12th worst country in terms of software piracy. Software can be easily obtained today. Starting from being sold openly in shopping centers (malls), computer sales centers, the internet to street vendors on the side of the road. Concrete efforts between the community, IT practitioners, the government, as well as the authorities and anyone else are very much needed in maintaining harmonious RELATIONSHIPS within the scope of this SOFTWARE LICENSE.