6.0 Software Piracy/Illegal Files Control

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6.1 Background on Software Piracy

Software piracy is the process of making and using unauthorized copies of copyrighted software. Under Title 17 of the US Code, it is strictly forbidden to make or distribute copies of distributed software. This is a federal offense and violations are monitored by the Software Publishers Association (SPA). 17 USC 506(a) states that "any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain shall be punished as provided in Section 2319 of Title 18."

6.2 Licensed Software

According to the SPA, "All software is copyrightable. Copyright protection is available regardless of the format in which software exists, the media on which it resides, or the functions it performs. This same US law applies to software in source code form and object code form. Operating systems that control the internal operation of a computer are copyrightable, as is application software such as accounting software and video games. Likewise, whether a given software product involved communication to humans or simply interacts with a machine has no impact on copyrightability."

6.2.1 Determining a Violation

NRL will neither commit nor tolerate the making or use of unauthorized software copies under any circumstances, and will enforce strong controls to prevent its occurrence. The NRL IS Security Office, without prior notice, routinely audits ISs in various buildings for the presence of unauthorized software.

As the custodian of your machine, it is your responsibility to ensure that there is a legally licensed copy of any commercial software residing on your system. The only exception would be the situation where a user is allowed to make a backup copy of the software for personal use only in the event that the original software is damaged as the result of a virus or like circumstance.

6.3 Illegal Files

All DoD interest computer systems and related equipment are intended for the communication, transmission, processing, and storage of official US Government authorized information only. Any user of a DoD interest computer system should be aware that any information placed in the system is subject to monitoring and is not subject to any expectation of privacy. If monitoring of the system reveals possible evidence of violation of criminal statutes, this evidence and any other related information, including identification information about the user, may be provided to law enforcement officials. If monitoring reveals violations of security regulations of unauthorized use, employees who are responsible may be subject to appropriate disciplinary action.

6.3.1 Inappropriate Use of Government Resources (Sexually Explicit Material)

Accessing, manipulating or otherwise using sexually explicit material with Government equipment, from Government leased equipment, or on Government time is inappropriate and will be considered to be a misappropriation of public resources. Further, it is contrary to published NRL and Navy policy which demands that the workplace be free of sexual harassment in any form.

As authorized in Memorandum for Research Advisory Committee, 4 March 1992, system administrators are directed to screen broad- topic information services and exclude any topics or forums that deal with sexually explicit material. Further, any such material discovered stored on network file servers or on personal computers on the Laboratory will be immediately removed with disciplinary action taken via appropriate supervisory chain.

6.4 Initial Violation Reporting Procedures and Follow-up

Should unlicensed software be detected during routine monitoring, appropriate disciplinary actions may be undertaken against the individuals responsible. Detected violations by the IS Security Group will be reported by letter to the appropriate NRL code with any actions against the employee the responsibility of that office.

The storage and transmission of illegal files will be covertly investigated by the NRL IS Security Group upon receipt of direction by the NRL Commanding Officer and in coordination with Code 1220. The results of such investigations will be forwarded to Code 1220 upon completion with follow-up activities the responsibility of that office.