COPYRIGHT: Unless otherwise noted: (1) materials in this package are copyrighted by the University of Florida or the Software Publishers Association (SPA), (2) materials may be reprinted, adapted, and/or reproduced, and further distributed for the non-profit purpose of promoting the ethical and legal use of software provided that credit is given to the University of Florida Council on Information Technologies and Services or to the Software Publishers Association. University of Florida Software Copyright Information Part 1, Policies and Guidelines ------------------------------------------------------------------------ ------------------------------------------------------------------------ Florida Computer Crimes Act Unauthorized use of computing facilities is a crime under the Florida Computer Crimes Act (Chapter 815, Florida Statutes). Any suspected misuse of NERDC facilities or systems should be reported to the NERDC director or associate director at (904) 392-2061, SUNCOM 622-2061. The full text of the Florida Computer Crimes Act (1988 version) and a summary of the penalties referenced in the act are provided in this document. 1.1 University of Florida Policy The University of Florida policy on computer-related crimes is a follows: In most instances the crimes indentified in the Computer Crimes Act constitute a felony. Accordingly, the University has no option other than to refer all cases to the University Police Department for investigation and appropriate handling. In the past, student "computer hackers" were usually referred only to the Student Conduct Officer. This procedure will not be followed in the future. All cases of suspected computer- related crimes by UF students, faculty or staff members will be investigated by the University Police Department. 1.2 Chapter 815, Florida Statutes 1.2.1 Fla. Stat. 815.01 Short Title The provisions of this act shall be known and may be cited as the "Florida Computer Crimes Act." 1.2.2 Fla. Stat. 815.02 Legislative Intent The Legislature find and declares that: 1. Computer-related crime is a growing problem in government as well as in the private sector. 2. Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each indcident of other white collar crime. 3. The opportunities for computer-related crimes in financial institutions, government programs, government records, and other business enterprises through the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets, are great. 4. While various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer abuse. 1.2.3 Fla. Stat. 815.03 Definitions As used in this chapter, unless the context clearly indicates otherwise: 1. "Intellectual property" means data, including programs. 2. "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data. 3. "Computer" means an internally programmed, automatic device that performs data processing. 4. "Computer software" means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system. 5. "Computer system" means a set of related, connected or unconnected computer equipment, devices, or computer software. 6. "Computer network" means a set of related, remotely connected devices and communication facilities including more than one computer system with the capbility to transmit data among them through communications facilities. 7. "Computer system services" means providing a computer system or computer network to perform useful work. 8. "Property" means anything of value as defined in S.812.011 and includes, but is not limited to, financial instruments, information including electronically produced data and computer software and programs in either machine- or human-readable form, and any other tangible or intangible item of value. 9. "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security. 10. "Access" means to approach, instruct, communicate with, store data, retreive data, or otherwise make use of any resources of a computer, computer system, or computer network. 1.2.4 Fla. Stat. 815.04 Offenses against Intellectual Property 1. Whoever willfully, knowingly, and without authorization modifies data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property. 2. Whoever willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property. 3. Whoever willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation which is a trade secret as defined in S.812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property. 4. a. Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084. b. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony in the second degree, punishable as provided in S.775.082, S.775.083, or S.775.084. 1.2.5 Fla. Stat. 815.05 Offenses against Computer Equipment or Supplies 1. a. Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, or computer network commits an offense against computer equipment or supplies. b. Except as provided in this paragraph an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in S.775.082, S.775.083, or S.775.084. 2. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony in the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084. a. Whoever willfully, knowingly, and without authorization destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization destroys, injures, or damages any computer, computer system, or computer network commits an offense against computer equipment or supplies. b. Except as provided in this paragraph an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in S.775.082, S.775.083, or S.775.084. 3. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is greater than $200 but less than $1,000, then the offender is guilty of a felony of the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084. 4. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $1,000 or greater, or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public service, then the offender is guilty of a felony of the second degree, punishable as provided in S.775.082, S.775.083, S.775.084. 1.2.6 Fla. Stat. 815.06 Offenses against Computer Users 1. Whoever willfully, knowingly, and without authorization access or causes to be accessed any computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another commits an offense against computer users. 2. a. Except as provided in this subsection an offense against computer users is a felony of the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084. b. If the offense is committed for the purposes of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in S.775.082, S.775.083, or S.775.084. 1.2.7 Fla. Stat. 815.07 This Chapter is Not Exclusive The provisions of this chapter shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future be applied to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter. 1.2.8 Fla. Stat. 815.08 If any provision of this act or the application thereof to any person or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable. This act shall take effect August 1, 1978. Approved by the Governor May 29, 1978. Filed in the Office Secretary of State May 30, 1978. 1.3 Summary of Fla. Stat. 755.082 and 755.083 (Below is a summary of the penalties applicable to the offenses described in the act. Penalties for habitual offenders are dealt with in S.775.084, which is not included below.) 1.3.1 Misdemeanor of the First Degree Up to 1 year of imprisonment and a fine of up to $1,000 or any higher amount equal to double the pencuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. 1.3.2 Felony of the Second Degree Up to 15 years of imprisonment and a fine of up to $10,000 or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. 1.3.3 Felony of the Third Degree Up to 5 years of imprisonment and a fine of up to $5,000 or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. ------------------------------------------------------------------------ Information Technology, Ethical Use Policy The proper and ethical use of computers, software and related networks is required at the University of Florida. In providing access to knowledge and sharing of information, the University requires that these resources be used by all members of its community with respect for the public trust through which the resources have been provided. The University works to create an intellectual environment in which students, faculty and staff are free to create and to collaborate with colleagues, both local and at other institutions, without fear that the products of their intellectual efforts will be violated by misrepresentation, tammpering, destruction, theft or other misuse and abuse. Access to the University's information resources, the sharing of information and the security of the intellectual product of the community all require that each and every user accept responsibility both for protection of his or her own data and for the rights of the community. Access to the networks and to the information technology environment is a privilege and must be treated as such by all users of these systems. As a condition of use of all university information technology facilities, all users must: Abide by copyright laws and the terms and conditions of the license. (When in doubt, do not copy software and files!) Use computing systems and networks only for purposes related to university activities. Use computer systems and networks in a manner that respects the shared use of these systems. (Do not include abusive, harassing, lewd, obscene, libelous or slanderous materials.) Respect the privacy of other users' files and intellectual property. Maintain the integrity and functionality of computing systems and networks. Among other prohibitions, users must not: Attempt to bypass or damage security or access control systems. Share computer accounts and passwords on shared systems. Move or modify computer equipment, software or peripherals without proper authorization. Developing a strong sense of ethics in students concerning use of computers and software supports the University's obligation to inculcate values. By setting appropriate examples, each person contributes to the reputation of the University for producing responsible students of high integrity. Individuals found guilty of unethical, destructive, or illegal activities on university computers or networks will be dealt with in the same manner as violators of other state or federal laws or university rules or polices. Such actions may result in disciplinary sanctions including the loss of computer and network access privileges, dismissal from the University, and civil or criminal proceedings. Individuals using university computing and network facilities should be familiar with the Florida Computer Crimes Act (Chapter 815, Florida Statutes), copies of which are available from the Center for Instructional and Research Computing Activities (CIRCA) or the Northeast Regional Data Center (NERDC). In addition, CIRCA and NERDC have guidelines on software copyrights and fair use, as well as guidelines for acceptable use of the Internet and BITNET. (This is an excerpt from the University of Florida Faculty handbook.) ------------------------------------------------------------------------ UF Employee Conduct Standard Which Relates to Copyright Compliance 27. Willful Violation of the Provision of Law, University Rules, Regulations, or Policies The failure to abide by the provision of law and/or the willful or deliberate failure to abide by written University rules, regulations or policies. (1) First Occurrence Written reprimand, 3-day suspension, or dismissal. ------------------------------------------------------------------------ Copyright Infringement Penalties Each Infringement = $500 - $25,000 If willful, each = $100,000 If financial gain, each = $500 - $250,000* *Plus 5 years in Prison. ------------------------------------------------------------------------ Who is Liable? Violator Liable Parties: Student Student violator, Graduate Assistant, Professor, Department Chair, Dean, Vice President, Provost, Prez, Board of Regents Employee Employee violator, Supervisor, Departmental computer coordinator, Department Chair, Dean, Vice President, Provost, Prez, Board of Regents Lab User Lab violator, Access Giver, Lab Assistant, System Administrator, Supervisor, Department Chair, Dean, Vice President, Provost, Prez, Board of Regents Case law holds that liability for software copyright violations does not require knowledge on your part. You must be able to prove that you tried to prevent illegal software usage by the people who report to you or to whom you provide computer access. ------------------------------------------------------------------------ Who REPORTS Software Abuse? Disgruntled Ex Employees Disgruntled Employees Disgruntled Students Vendors Wandering Around Vendor Investigators Software Producers Association Investigators Auditors ------------------------------------------------------------------------ Reducing Your Liability Proactive Education Be proactive in providing copyright education for your employees. Post Signs Post signs showing the University's policy on copyrighting. Put in Licenses Have usage that you require written into software licenses when you purchase software so that you will not have to violate the license to get your job done. Class Curricula Include the University policy on software copyright in class syllabi. Handouts Distribute handouts to employees and students explaining copyright laws. Meetings Hold meetings within your department to discuss ways to comply with software copyright. Know Licenses Know the contents of licenses for the software you acquire so you will know what is legal. Signed Statements with Distribution Some departments may want to have employees or students sign statements, agreeing to abide by copyright law and license requirements, when they are given software to use. Policy (general) and Guidelines Make sure your department has a policy regarding software copyright and procedures for complying or make your department aware of the University's policies and procedures . Get Permission in Writing If you need to make additional use of a software product beyond what is in the license, get permission in writing from the vendor. Permission Notebook (licenses, PO's, shareware receipts, permission) Keep a software notebook containing copies of licenses, PO's, shareware receipts, and written permissions for software on the machines in your department. Do Software Audits by Hand or Use Auditing Software DOCUMENT EVERYTHING. ------------------------------------------------------------------------ The Bottom Lines If you don't know that you have permission, don't do it! If you don't have permission IN WRITING, you don't have permission. ------------------------------------------------------------------------ Where to Get Additional Resources Here is a Guide to help you know where to get additional resources for your departmental copyright education program: The Software Publishers Association (SPA) offers a Software Management Guide for $80.00. It includes sample forms, model programs, sample policies, and guidelines. It can be obtained from: Software Publishers Association Attention: Fulfillment Dept. 1730 M Street Northwest Suite #700 Washington, D.C. 20036 Or phone: (800) 388-7478. Gary H. Becker, copyright consultant, has published a manual called Copyright, A Guide to Information and Resources, First Edition. It includes policies for all forms of educational media. Copies can be obtained for $23.50 (hard cover) or $18.50 (soft cover) plus postage fees. They can be obtained from: Gary H. Becker, Consultant P.O. Box 951870 Lake Mary, FL 32795-1870 Or phone: (407) 322-0890. Copies of this UF Policy and Guidelines package are available from the UF Computing Help Desk.* The following videos are available for check out at all campus libraries and media centers: "It's Not Worth the Risk" - a 12-minute video for the office environment produced by the SPA which is suitable for employees. "Don't Copy That Floppy" - a nine-minute rap video by the SPA which is suitable for students. "Pirates of the HMS Swampgator" - a 1.5 hour DANCE session on copyright compliance including hokey skits and information targeted to the UF audience. Presentation materials. Included in this packet are copies of transparencies used to present information on software copyright compliance. Full-size masters which you may use to make transparencies for your department are available from the UF Computing Help Desk.* For information on software that can be used for auditing departmental workstations, contact the UF Computing Help Desk.* *The UF Computing Help Desk is located at 520 CSE. Phone (904) 392-HELP. ------------------------------------------------------------------------ ------------------------------------------------------------------------