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Software Piracy Laws in India...!!.

1. Software piracy is illegal in India.
In India, the copyright of computer software is protected under the Indian Copyright Act of 1957. Copyright protection for software with an individual author lasts for the duration of the author's life and continues 60 years after the author's death. Government agencies such as the Ministry of Information Technology and the Ministry of Human Resource Development have played an active role in aiding the Indian law enforcement authorities in protecting software copyright holders.
2. Copyright Eligibility
An original software work does not have to be published in order to receive copyright protection. As soon as the piece of software is committed to a tangible medium, it automatically receives protection under Indian copyright law. However, authors of software have the option of registering their original work with the Copyright Office. Registration of software with the Copyright Office is not a requirement for receiving copyright protection, but it can be helpful in an infringement suit where proof of original authorship may be required.

3. Definition of Software Piracy in India
According to Nasscom, software piracy involves the use, reproduction or distribution without having received the expressed permission of the software author. Software piracy comes in four common forms. The first is end user piracy, and it occurs when users of software install the software on more machines than they are entitled to under their license agreements. The second is hard disk loading, and it occurs when computer dealers install illegal copies of software onto computers prior to their sale. The third is software counterfeiting, and it involves the illegal reproduction, and subsequent sale of software in a form that is nearly identical to the original product. The fourth is Internet piracy, and it occurs when individuals place unauthorized copies of software on the Internet for download.
4. Punishment
Under the Indian Copyright Act, a software pirate can be tried under both civil and criminal law. The minimum jail term for software copyright infringement is seven days, and the maximum jail term is three years. Statutory fines range from a minimum of 50,000 to a maximum of 200,000 rupees.

5. Remediation
Indian courts can take a variety of measures designed to grant relief to copyright holders whose rights have been infringed. One of these measures is ordering that all infringing copies--including master copies--be impounded and destroyed. Another way that courts grant relief to copyright holders is through monetary compensation, which can consist of monetary damages, statutory damages, court costs and attorney fees.

All Right, Software Piracy For the Winner or Loser..??

Let’s face it.  Software piracy has always been around since the days that people figured out they could copy 3.5″ floppy disks.  With the advent and proliferation of the availability of the Internet, some will argue that is made software piracy even worse I myself have dabbled in parts of it too.  Let’s dive a little bit into why people pirate software, when everyone knows from a moral standpoint it is just plain wrong. 
I’m not going to repeat the poll answers, but have my own spin on it.  Let’s face it.  Software piracy is dead simple. It exists because:
  • People don’t want to spend money when they can download it for free.
  • People want to try before they buy (if they buy).
  • People aren’t going to buy the software in the first place anyway, so downloading it is not really a loss to the company.
Of course, you can argue the other way too as to why you should not pirate software:
  • Software developer’s lives depend on the funding from their software.  If people download the software for free, there goes their job.
  • Piracy stifles creativity.  What is the point of making something badass when someone is going to download it for free and you get no credit for it?
  • Software developers create anti-DRM methods that are so painful and ludicrous that sometimes the legin users are punished when the software is buggy.  The pirates can make a “cracked” version of the software that runs better and faster than the original software.
So in a nutshell that is a very short glimmer of the argument on both sides for and against software piracy.  For people with no money, its great.  Or you get hackers or crackers that just like to prove to the software companies that they can crack their software for the hell of it.
Whether you know it or not, a lot of the software that you see at your local software store can be downloaded online, and made to work to bypass activation whether that is a modified executable file (called a crack), or through a serial key.  Some software after entering in the serial key goes online to validate against the server, and if found black listed, the software will go back to its expired more.
However, some people are smart.  They turn on the firewall and block the software from going online, hence they have “full version” software for eternity.

Software Cracking

Software cracking is the modification of software to remove or disable features which are considered undesirable by the person cracking the software, usually related to protection methods: copy protection, trial/demo version, serial number, hardware key, date checks, CD check or software annoyances like nag screens and adware. The distribution and use of cracked copies is illegal in almost every developed country.

Big and little dongles

Standard USB CmStick compared to new tiny /C variant
Here’s a nice comparison of the “old” CmStick against the new /C variant. Remember that they are functionally equivalent

Robotic arm moves a WibuBox/U+ for engraving
Our latest KEYnote features some of the manufacturing and test equipment we use to make our CmSticks, CmCards, and WibuBoxes. This machine reads the firmware to get the serial number of the chip, then engraves that serial number on the case. Frankly I think anodized aluminum is pretty sexy.

 The electronics are all in the USB connector and it even has two LEDs for status. These will be available in March in quantities

What is software piracy?

Software piracy is the unauthorized duplication of programs such as operating systems, applications, and utilities. In 2009, 43% of all software globally was pirated. In China alone over $7 billion worth of software was stolen in 2009.
Piracy is often the result of organized criminal enterprises who crack copy-protection schemes and then manufacture counterfeit copies of commercial software. It can be very difficult for end-users to tell counterfeit software from legitimate copies.
Pirated software (also known as “cracked” software) can contain malware such as Trojan horses, bots, and keyboard loggers. The widespread use of peer-to-peer (P2P) file sharing such as bit torrent sites has rapidly increased the distribution and availability of pirated software. Counterfeit software is sold via online auction sites, often to end users who are unaware that they are purchasing illegal and potential dangerous software.
Software developers work diligently to prevent their software from illegal piracy. Systems such as code obfuscation or machine binding are popular but easily cracked by sophisticated pirates.
The only truly fool-proof method to prevent illegal piracy is through the same method that the US Government uses to protect its most valuable secrets: encryption. By encrypting the application program and its data, piracy can be prevented. CodeMeter uses AES 128-bit encryption to protect programs from piracy. A brute-force crack of CodeMeter’s encryption would require the pirate to find the one key that works in the approximately 340,000,000,000,000,000,000,000,000,000,000,000,000 (3.4 x 10^38) possibilities. CodeMeter’s strongest security comes when the private key data is stored in the CmStick—a Smart Card based dongle that is effectively uncrackable.
How do we know it’s uncrackable? Because Wibu-Systems is the only software-protection company bold enough to offer crackers a large cash ($40,000) prize if they could crack CodeMeter. And, although many have tried, none has succeeded. Nevertheless, we know that the battle with crackers requires constant vigilance, which is why we continually updates our protection methods as we find new exploits that crackers attempt to use.

Check out CodeMeter if you are looking for a great software anti-piracy solution
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