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Kescarte DeJudica

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  1. Agree
    Kescarte DeJudica reacted to Delicieuxz in Where to buy windows 10 key codes?   
    You can buy cheap Windows licenses on eBay for like $5 or $10.
     
    Using software you don't own is piracy. However, EULAs aren't laws and they don't normally set the terms of using software - the claim otherwise is publisher propaganda.
     
     
  2. Informative
    Kescarte DeJudica got a reaction from homeap5 in Where to buy windows 10 key codes?   
    I quoted to you the section of the Copyright Act that I took that information from, and you are free to look it up and read it for yourself. I'll link you to a copy of it, in case you are having trouble finding it:

    https://www.law.cornell.edu/uscode/text/17/506

    Here's the problem with many websites, like itstillworks.com, the site you quoted. They use terms like "illegal" and "crime" quite interchangably without distinguishing between criminal law and civil law, which results in a lot of misinformation.
     
    You're right on the first part. Using unlicensed software is piracy. But piracy in that context is not a federal crime, it is a federal offense. What's the difference? A crime means that you are breaking the law, and that you are a criminal, and can be prosecuted by criminal enforcement agencies (the FBI, the local police department, etc.). An offense can be either civil or criminal. So, all piracy is an offense, but not all of it is a crime. Some is a criminal offense, some is a civil offense. It is very important to make that distinction.
     
    If you take another look at that article, under the sections: "Damages to Copyright Holder" and "Federal Penalties" you can see that the type of offenses they are referring to are civil offenses. Now what is different about civil offenses is this is using unlicensed versions of software for personal use, in violation of the Terms of Service that the company who owns the software has created for it. Unlicensed/cracked/illegitimate software is very commonly called illegal software, but calling it that is correct because it isn't against the law. A civil offense is not an offense to the law, it is an offense to another party. This gives the offended party legal damages that they can take you to court over, but you haven't actually broken any law. You don't have a criminal record, you are liable for jail time or government fees, and you cannot be arrested. You are only legally liable for damages caused by your actions.
     
    Let me give another example to make it a little easier to understand. Let's suppose you do not enclose your property (your house and lot) with a fence, and someone walks through your yard and injures themselves. You are liable for damages caused by negligence and the lack of proper safety measures on your property, but you haven't broken the law, because it is perfectly legal to own property without having to put a fence around it. Does that make sense? Legal liability and breaking the law are not the same thing.
     
    Now, if you take a look at the next section "Criminal Piracy" you'll see they are referring to selling "illegal software". This is actually a crime, a criminal offense, and a pretty serious one. As it states in the portion of the Copyright Act that I have linked above, infringing a copyright for the purpose of commercial advantage or private financial gain is against the law. That's what "criminal piracy" actually is. Not using cracked or unlicensed software, but rather selling it.
     
    You're actually quite right. It is almost legal to use unlicensed and cracked software. In fact, it is perfectly legal as far as criminal offenses are concerned. You never have to worry about getting into trouble with the police or having a criminal record (not to mention jail time/fines) when using such software, but you are always at risk of being taken to court by the copyright holder. Whether that risk is worth it is up to you. I'm not condoning such activity or trying to encourage it, I just don't want people being misinformed of the potential consequences.
     
    Hope you found that helpful.
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