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WAREZ

Warez is a slang term for pirated software. Downloading or purchasing pirated software is illegal. This FAQ is designed to answer frequently asked questions about warez. If you know of warez sites on the internet, please report piracy using our online form or call 1-888-NO-PIRACY.

Myth: None of the software offered was stored on my site -- I only had links to the files.
Fact: You could be liable for anything that you do that contributes to the infringement of copyrighted works. This includes facilitating a download by linking to remote files.

Myth: I have a disclaimer on my site that protects me.
Fact: A disclaimer cannot shift your liability to someone else. You are still contributing to copyright infringement.

Myth: I thought it was okay to download programs to try them out if I delete them within 24 hours.
Fact: This is a common Net Myth. You may only use the software as described in the end-user license provided by the software publisher.

Myth: As far as I remember, there is something called 'freedom of speech' in this country.
Fact: Free speech refers to your right to provide opinions and original content without censure. Even so, free speech has limits. You cannot use this right to break the law. Internet sites that provide access to others' copyrighted materials - whether it's on the same site or a remote site - violate the author's right to control distribution of their works, which is against the law.

Myth: What about "fair use"? I am only providing a service for "educational purposes."
Fact: Fair use is widely accepted to mean the reproduction of a part of a copyrighted work, not the wholesale copying of an entire program or contributing to software piracy.

Myth: I only post serial numbers.
Fact: Legal software comes with required numbers or keys to install the software. It should not be necessary to get these off the Internet. Providing them for others to use with pirated software contributes to copyright infringement and is illegal.

Myth: What if I lose my serial number or one of my disks is trashed?
Fact: Most software publishers have provisions for replacing media. Contact them to resolve your problems.

Myth: Writing a book about robbing banks and robbing them yourself are two different things last time I checked.
Fact: A better analogy is "robbing the bank" vs. "driving the getaway car." Or, another analogy is stealing software vs. marking the computer store window with an big X and telling people that, if they throw a brick at the X, they can steal the software in the store window. Both are illegal.

Myth: Software is so expensive, and I've wasted a lot of money just to find out that an expensive program is worthless! If it's any good, then I'll reward the authors. If not, forget the compensation!
Fact: Cars are expensive, too, but society doesn't allow people to use them and decide later if they want to pay for them or not. In the same way, you cannot use pirated software and pay for it only if you want to at some later date.

Myth: Isn't everything on the Internet in the public domain?
Fact: An author does not waive copyrights by publishing on the Internet. Pirated software is published on the Internet by someone other than the author or without the author's explicit permission.

Myth: It's not really illegal to distribute warez.
Fact: An author can seek civil damages in the amount of their actual value, or statutory damages of $100,000 per work infringed. (Note that some "programs" are actually bundles of more than one copyrighted work.) Criminal penalties include fines of up to $250,000 and jail terms up to 5 years, or both. In December 1997, President Clinton signed a law called the "No Electronic Theft" (NET) Act that allows for criminal prosecution of copyright infringement, even where there is no profit motive, closing a loophole in U.S. copyright law.

Myth: There are so many warez sites on the Net that few people ever get caught.
Fact: The BSA has filed lawsuits against operators of Internet sites pirating software and shut down hundreds of other sites. In some cases, computers were confiscated, and the operators are still paying settlements. The BSA is actively working with law enforcement agencies to bring more criminal cases against Internet pirates. If you know of warez sites on the internet, please report piracy using our online form or call 1-888-NO-PIRACY.


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