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What is copyright infringement What Is Copyright Infringement? The Layperson's Copyright Primer Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you’re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you’re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you’re following the law – this will keep you from being sued or, even worse, punished in a court of law. What is Copyright Infringement? Copyright infringement, as defined by Wikipedia.org, states: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” So, what is copyright infringement in plain English? It means that if you’re not allowed to use something, then don’t use it – plain and simple. It can be very simple to get permission to use a work – many times you’ll be able to use a ‘sample’ of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder – whether it’s an author or a publishing house – you can be sued for copyright infringement or worse. What is Copyright Infringement in America? In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong – not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant – they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith. What is Copyright Infringement in action? Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing – such as in music, when the inspiration of one song is used to create an entirely different song – it’s difficult to see where the new product or ‘thing’ has crossed the line to something illegal. Some works aren’t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we’ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry. As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you’re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you’ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ‘what is copyright infringement’ to learn the most up-to-date information for your jurisdiction.

Software Copyright Laws Software Copyright Laws Fail to Provide Adequate Protection Software copyright laws are among the most difficult to enforce among the masses. Many companies and corporations are also well known for overlooking these laws, which were designed to protect the makes of software from not earning their worth. Perhaps one of the biggest hitches leading so many software businesses to go out of business is the fact that they have a great deal of difficulty actually enforcing the software copyright laws that are in place and getting the money that is owed them according to the agreements that have been made with those on the using end of the software. Software developers, particularly in the corporate world design software that makes other companies run more efficiently. The software allows these companies to save millions of dollars each year. Software copyright laws protect the interests of the software developers that create these massive programs. These programs are often designed specifically for that one company and are very expensive. The agreement often consists of a certain number of users with the company purchasing more licenses or copies of the software during expansions or paying some sort of royalties for the use of the software. The purchasing companies agree to this and then more often than not fail to honor that agreement. The agreement is what allows this company to use that software, this agreement is what allows that permission. When companies aren't living up to their end of this agreement they are not only guilty of breaching that agreement but also of breaking software copyright laws. The trouble always lies in proving that they are not honoring the contract and the extent and duration of the breach. Some of the ways that companies will argue in defense of them not paying the royalties, additional fees, purchasing additional software, etc. is that they upgraded computers and reused the old software (they did actually purchase the rights to use the original software and by doing so feel that they have broken no software copyright laws) the problem lies in the fact that adding ten new computers and placing the software on those should mean that you remove it from or get rid of 10 old computers. This is rarely how it works. So now they've basically stolen ten copies of software that can be well worth hundreds of thousands of dollars. Multiply this by 10, 20, or 100 companies trying this or worse each year and the offending companies are costing software developers millions of dollars in profits. This is when software copyright laws are not as far reaching in their scope as they really need to be. Software copyright laws exist to protect the software companies from this type of abuse and misuse, however, the hands of the companies are almost unilaterally tied when it comes to proving that software copyright laws have been broken in court. There are always exceptions to every rule. In this case big business software developers that abuse the software copyright laws to the point of breaking make the exceptions rather than miserly consumers that do not wish to pay for the products they are consuming. The big boys are able to do this by offering licenses for their software and claiming that these laws do not apply to their situation because they are not actually selling the software only 'renting' out permission for people or companies to 'use' that software. The true irony is that these practices began as a response to the corporate irresponsibility mentioned above. It's amazing that the very software copyright laws that were created to protect these companies can't protect their consumers from the greed of the developing companies.

Web Hosting - Is a Dedicated Server Worth What You Pay? In reviewing web hosting plans, many web site owners are faced at some point with the decision of whether or not to pay for a dedicated server. A dedicated server is one which holds your site(s) exclusively. It's not shared with other sites. You then have the option to put one site or many on that piece of hardware. But the decision is never easy. There are multiple considerations to take into account, far beyond just the higher dollar outlay that inevitably accompanies a dedicated server option. Performance is (or should be) a prime consideration for the majority of site owners. Studies show that when a page doesn't load within about 10 seconds or less, almost everyone will give up and go elsewhere. The delay may be caused at any of a hundred different points in the chain between the server and the user. But often, it's the server itself. In any case, it's important to eliminate the server as a possible bottleneck, since it's one of the few points over which the site owner can exercise some control. That need for control extends further than just performance, however. Other aspects of the user experience can benefit or suffer from server behavior. Security is a prime example. With the continuing prevalence of spam and viruses, a server can easily get infected. Having only your site(s) on a single server makes that issue much easier to deal with. With fewer sites on a server, there is less likelihood of getting infected in the first place. Also, since you will place a higher value on security than many others, it's easier to keep a dedicated server clean and your site well protected. You can use best practices in security to fortify your site. Having other sites on the server that you don't control raises the odds that your efforts are for nothing. One way your efforts can get watered down is through IP address sharing. Less sophisticated hosting services will often assign a single IP address to a single server and multipe sites. That means your site is sharing the same IP address with other domains. That leaves you vulnerable in several ways. Virus or spam attacks may target a particular IP address. If you have the same one as another site, one that is more likely to attract hostile intentions, you suffer for and with someone else. In other cases an IP address range is assigned to the server, with each site receiving its own address from within that range. Though better than the one IP:server scenario, this still presents a vulnerability. Many attacks try a range of IP addresses, not just a single one. But even legitimate sources can give you trouble when you share an IP address or a range. If another site engages in behavior that gets it banned, you can suffer the same fate if they ban the address or range. If the miscreant that shares your server/IP address or range is himself a spammer for example, and gets blacklisted, you can inadvertently be banned along with him. Using a dedicated server can overcome that problem. There's a certain comfort level in knowing what is installed on the server you use, and knowing that you alone put it there. But a dedicated server option may require increased administration on your part. If you're not prepared to deal with that, you may have to pay still more to have your dedicated server managed by someone else. All these factors have to be weighed carefully when considering a dedicated server plan.