District Policy Statement on the Use
of Computer Software
as there has been shared responsibility in the development of this policy,
so should there be shared responsibility for the resolution of the problems
inherent in providing and securing good educational software. Educators
have a valid need for quality software and reasonable prices. Hardware
developers and/or vendors also must share in the effort to enable educators
to make maximum cost-effective use of that equipment. Software authors,
developers and vendors are entitled to a fair return on their investment.
Educators need to face the legal and ethical issues involved in copyright
laws and publisher license agreements and must accept the responsibility
for enforcing adherence to these laws and agreements. Budget constraints
do not excuse illegal use of software.
Educators should be prepared to provide software developers or their agents
with a written policy statement approved by the Maricopa County Community
College District including as a minimum:
A clear requirement that copyright laws and publisher license
agreements be observed;
statement making employees who use Maricopa County Community College
District equipment responsible for taking all reasonable precautions
to prevent copying or the use of unauthorized copies on Maricopa County
Community College District equipment;
explanation of the steps taken to prevent unauthorized copying or the
use of unauthorized copies on Maricopa County Community College District
designation of who is authorized to sign software license agreements
for the Maricopa County Community College District;
designation at the campus site level of who is responsible for enforcing
the terms of the Maricopa County Community College District policy and
terms of licensing agreements.
Hardware Vendor's Responsibilities
Hardware vendors should assist educators in making maximum cost effective
use of the hardware and help in enforcing software copyright laws and
license agreements. They should as a minimum:
Make efforts to see that illegal copies of programs are not being distributed
by their employees and agents;
cooperatively with interested software developers to provide an encryption
process which avoids inflexibility but discourages theft.
Software developers and their agents can share responsibility for helping
educators observe copyright laws and publishers license agreements by
developing sales and pricing policies. Software developers and vendors
should as a minimum:
Provide for all software a back-up copy to be used for archival
purposes, to be included with every purchase;
for on-approval purchases to allow Maricopa County
Community College District to preview the software to ensure that it
meets the needs and expectations of the educational institution;
in cooperation with hardware vendors to provide an encryption process
which avoids inflexibility but discourages theft;
for, and note in advertisements, multiple-copy pricing for Maricopa
County Community College District sites with several machines and recognize
that multiple copies do not necessarily call for multiple documentation.
software should be inventoried by the Maricopa County Community College
for, and note in advertisements, network compatible versions of software
with pricing structures that recognize the extra costs of development
to secure compatibility and recognize the buyer's need for only a single
copy of the software.
Governing Board Minutes, December 11, 1984 Motion No. 5816
It is the intent of the Maricopa County Community College District to
adhere to the provisions of copyright laws in the area of microcomputer
programs. Though there continues to be controversy regarding interpretation
of those copyright laws, the following procedures represent a sincere
effort to operate legally. We recognize that computer software piracy
is a major problem for the industry and that violations of computer copyright
laws contribute to higher costs and greater efforts to prevent copies
and/or lessen incentives for the development of good educational software.
All of these results are detrimental to the development of effective educational
uses of microcomputers. Therefore, in an effort to discourage violation
of copyright laws and to prevent such illegal activities:
Maricopa County Community College District employees will be expected
to adhere to the provisions of Public Law 96-517, Section 7 (b) which
amends Section 117 of Title 17 of the United States Code to allow for
the making of a back-up copy of computer programs. This states that
"...it is not an infringement for the owner of a copy of a computer
program to make or authorize the making of another copy or adaptation
of that computer program provided:
a) that such a new copy or adaptation is created as an essential step
in the utilization of the computer program in conjunction with a machine
and that it is used in no other manner, or
b) that such a new copy and adaptation is for archival purposes only
and that all archival copies are destroyed in the event that continued
possession of the computer program should cease to be rightful."
When software is to be used on a disk sharing system, efforts will be
made to secure this software from copying.
copies of copyrighted programs may not be made or used on Maricopa County
Community College District equipment.
Contracts Manager of Maricopa County Community College District is designated
as the only individual who may sign license agreements for software.
(Each campus of Maricopa County Community College District using the
software also should have a signature on a copy of the software agreement
for local control.)
president of each campus of the Maricopa County Community College District
is responsible for establishing practices which will enforce this policy
at the campus level.
software will be inventoried by the District Office of Maricopa County
Community College District.
It is the policy of the Maricopa County Community College District that
no person shall use or cause to be used in the Maricopa County Community
College District's microcomputer laboratories any software which does
not fall into one of the following categories:
It is in the public domain.
is covered by a licensing agreement with the software author, authors,
vendor or developer, whichever is applicable.
has been donated to the Maricopa County Community College District
and a written record of a bona fide contribution exists.
has been purchased by the Maricopa County Community College District
and a record of a bona fide purchase exists.
has been purchased by the user and a record of a bona fide purchase
is being reviewed or demonstrated by the users in order to reach
a decision about possible future purchase or request for contribution
has been written or developed by a Maricopa County Community College
District employee for the specific purpose of being used in the
microcomputer laboratory. Full credit should be given to the employee
developer by other employee users.
It is also the policy of the Maricopa County Community College District
that there be no copying of copyrighted or proprietary programs on computers
belonging to the Maricopa County Community Colleges District.
Governing Board Minutes, December 11, 1984 Motion No. 5816