4.5 Computer Software

Statement on Computer Software 

Just as there has been shared responsibility in the development of this regulation, 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.

1. Educators' Responsibilities
   
   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 the written Software Policy Statement approved by the Maricopa County Community College District including as a minimum:
   1. A clear requirement that copyright laws and publisher license agreements be observed;
   2. A 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;
   3. An explanation of the steps taken to prevent unauthorized copying or the use of unauthorized copies on Maricopa County Community College District equipment;
   4. A designation that the Vice Chancellor for Business Services or Designee are the only parties authorized to sign software license agreements for the Maricopa County Community College District;
   5. A designation at the campus site level of who is responsible for enforcing the terms of the Maricopa County Community College District regulation and terms of licensing agreements.

2. 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:
   1. Make efforts to see that illegal copies of programs are not being distributed by their employees and agents;
   2. Work cooperatively with interested software developers to provide an encryption process that avoids inflexibility but discourages theft.

3. Software Developer's and Vendor's Responsibilities
   
   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:
   1. Provide for all software a copy to be used for back-up purposes, to be included with every purchase;
   2. Provide 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;
   3. Work in cooperation with hardware vendors to provide an encryption process that avoids inflexibility but discourages theft;
   4. Provide 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;
   5. Provide 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.

4. Software Policy Statement
   
   It is the intent of the Maricopa County Community College District to adhere to the provisions of copyright laws in the area of computer 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 the following apply:
   1. Maricopa County Community College District employees will be expected to adhere to the provisions of Public Law 96-517, Section 10(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:
      
      1. 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
      2. 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."
   2. When software is to be used on a disk sharing system, efforts will be made to secure this software from copying.
   3. Illegal copies of copyrighted programs may not be made or used on Maricopa County Community College District equipment.
   4. The Vice Chancellor for Business Services, or designee, of the Maricopa County Community College District is designated as the only individual who may sign license agreements for software.
   5. The president of each college of the Maricopa County Community College District is responsible for establishing practices that will enforce this regulation at the college level.

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 computer laboratories any software that does not fall into one of the following categories:

1. It is in the public domain.
2. It is covered by a licensing agreement with the software author, authors, vendor or developer, whichever is applicable.
3. It has been donated to the Maricopa County Community College District and a written record of a bona fide contribution exists.
4. It has been purchased by the Maricopa County Community College District and a record of a bona fide purchase exists.
5. It has been purchased by the user and a record of a bona fide purchase exists.
6. It is being reviewed or demonstrated by the users in order to reach a decision about possible future purchase or request for contribution or licensing.
7. It has been written or developed by a Maricopa County Community College District employee for the specific purpose of being used for district purpose.

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.