At TAS Software, we often get asked questions about software piracy - so we've compiled a list of the most frequently asked questions. If your question is not answered below, please contact TAS Customer Care for further advice.
What is a software licence?
When software is purchased, it does not mean that you have or own the software. Instead, you are merely granted permission, by licence to use the software. The software licence grants the legal right to use the software, only on the terms of the licence.
What is copyright infringement?
Using computer software without a licence is against the law, as it is a form of copyright infringement and can result in a company or individual having to pay out compensation, costs and licence fees: the seriousness with which the law treats such actions is emphasised by the fact that in certain cases, using computer software without a licence could be punishable in the criminal courts with a large fine, or even imprisonment.
What are the most common types of piracy?
The most common type occurs when companies or individuals make unauthorised copies of software:
- By using one disc to install a program on multiple computers.
- By copying discs for installation and distribution.
- By taking advantage of upgrade offers without having a legal copy of the version to be upgraded.
- By downloading software from the Internet.
- By swapping discs in or outside the workplace
What is the correct definition of a multi-user (network) licence?
In TAS licensing terms, a multi-user or network licence allows you to install the program on a number of computers connected to a single network, and permits the licensed number of users to access your data at the same time.
What is the correct definition of multi-company licence?
In TAS licensing terms, a multi-company licence is one that permits one business to hold information (data sets) on other businesses within its group structure, but only the licence-holding business can use the software for the purpose of inputting the information and having ownership of the data sets. For example where a parent company runs a centralised accounting function for all its subsidiaries, the parent company will hold the licence.
I have bought some TAS software, so that means I own it, doesn't it?
No. Software is licensed and so it is only a licence to use the software that you have purchased. The ownership of the software remains with TAS. The licence sets out what you can and cannot do with the software.
What should I do if I suspect the software I have acquired is an illegal version?
You should contact the person you acquired it from and ask either for confirmation and evidence that it is legitimate TAS software and that they were authorised to sell the licence to you, or insist they provide you with a legitimate replacement product and licence and seek their confirmation they are authorised to do so. If they refuse to help, you should ask for your money back in full and contact the TAS Software Licensing Department at software.licensing@tassoftware.co.uk providing us with as much information as possible regarding both the product and the seller.
I bought a TAS product from a seller on eBay but when it was received it was clearly counterfeit. What should I do? Will TAS reimburse me?
We would advise the following courses of action;
- Notify eBay at their Customer Support e-mail address. Keep copies of all correspondence with them.
- If you paid using PayPal report the matter to them requesting a refund. Again keep copies.
- Contact the Trading Standards department of your local Council and ask them to investigate. We have an existing arrangement with the Newcastle upon Tyne Trading Standards Department whereby they can provide your local law enforcement officers with relevant information on TAS and our products, to assist them to make a decision about the validity of your claim.
- Contact the Fraud team at your local Police Force. Invariably they will only be able to deal with the matter if they have the time and manpower to investigate at the time the complaint is lodged. We are always willing to assist the police in their enquiries and if both the eBay purchaser (you) and the software owner (TAS) are prepared to take the matter further, there is a greater chance of bringing a criminal prosecution against the eBay seller.
- If you wish to report the matter to Trading Standards or the Police, they are far better placed to obtain information from eBay about the seller than either TAS or you.
Unfortunately TAS Software will not be able to reimburse you. Other than its own direct sales channel, TAS only permits authorised business partners, accountants and retailers to sell on their licensed product and therefore we are not in a position to reimburse businesses who have purchased unlicensed or counterfeit software from other sources.
I have bought legitimate TAS software from a seller on eBay but when I telephoned to register the product TAS refused to register me, saying the software had already been registered. Why have you refused to register it and will you reimburse me the cost of the software?
We (like most software companies) only sell licences for the use of our software through authorised business partners, accountants and retailers. It is highly likely that the product you purchased was already registered to the original purchaser and as such it is not permissible to re-register or transfer the licence. An authorised reseller would not have sold you a previously registered product.
Whilst it is common to talk about buying software, in fact buyers actually only buy a licence to use the software and ownership of the software remains with TAS Software. Therefore it is not permissible under the terms of the licence to provide a copy of the software to any third party. We sell our products on the basis that the licence is not transferable and they can not be sold on.
Unfortunately TAS Software will not be able to reimburse you. Other than its own direct sales channel, TAS only permits authorised business partners, accountants and retailers to sell on their licensed product and therefore we are not in a position to reimburse businesses who have purchased unlicensed or counterfeit software from other sources.
I bought a boxed product from a retail outlet but my Accountant is now doing all my accounts and I no longer need the TAS product, can I sell it?
Whilst it is common to talk about buying software, you have actually only bought a licence to use the software and ownership of the software remains with TAS Software. Therefore it is not permissible under the terms of the licence to give or sell your copy of the software to any third party. We sell our products on the basis that the licence is not transferable and they can not be sold on.
Owning software is different to other types of ownership, because software, although usually distributed on media such as CDs, is not a physical commodity, in the sense that you purchase a computer or a mobile telephone, it is considered to be intellectual property. Ownership of intellectual property is controlled by licence agreements. Software licences are legal documents describing the proper use and distribution of the software, as intended by the manufacturer, and provide TAS Software with the revenue necessary to continue both producing and developing our software, and offering the service and support genuine users depend on.
I was selling an unused and unopened TAS BOOKS product on eBay but I have been told by eBay that you objected to the sale and insisted that it be withdrawn. Why was this, it is not a pirated copy?
We notify eBay when it becomes apparent that someone is seeking to sell licensed products without our permission as they are not one of our authorised business partners, accountants or retailers. The software licence is personal to the original purchaser and is not transferable without our knowledge and consent - so by giving or selling the software to someone else you are infringing the copyright in our software.
I recently tried to sell a copy of TAS BOOKS on eBay that I purchased at a liquidation auction. As the software was purchased by me and is genuine software sealed in its original package I was surprised that eBay has since told me that you instructed them to remove this listing.
Can you explain why you asked that they remove this listing?
The software licence is personal to the original purchaser and is not transferable without our knowledge and consent - so by giving or selling the software to someone else you are infringing the copyright in our software.
The terms of the TAS licence prohibit a licence transfer. The licence is personal to the original purchaser and the liquidator did not have any right or title to the licence and was therefore, not entitled to seek to sell it. However, we are aware of online auction piracy, such as online distributors offering special deals with 'liquidated inventories' or acquisition through 'bankruptcy sales'. These types of phrases are used to dupe consumers into believing that they are getting genuine product that wouldn't otherwise be capable of being discounted.
Can I install a copy of my employer's TAS software at home if they instruct me to do so?
No. The software licence only allows you to install the product on a single computer; or on computers conncted to a single network if you have a multi-user (network) licence.
If you want to install the software in another location (e.g. on a computer at home), you must purchase an additional installation licence which allows you to install the software onto a second computer for use when you are not at your office computer.
What exactly does the law say about copying software?
The law says that anyone who purchases a licensed version of software has the right to load that copy onto a single computer and to make another copy "for archival purposes only" or, in limited circumstances, for "purposes only of maintenance or repair." It is unlawful to use that software on more than one computer or to make or distribute copies of that software for any other purpose unless the terms of the licence permit it. If you are involved in illegal copying of software, you may face not only a civil prosecution for damages and other relief, but criminal liability as well, including fines and imprisonment. The Government recently announced that penalties for copyright infringement would be increased to maximum of ten year's imprisonment.