1. Development, Marketing, Licensing, and Distribution

2.  The process by which software is created.  Historically done by individuals working alone on parts of a project  Currently performed by teams using modern methodologies and techniques.

3.  End User – the individual or organization that uses software.  Software License -- a legal document governing the distribution and use of software conferred from the owner to the end user.  The software owner has certain legal rights under copyright laws. The owner grants to the end user certain of these rights under the End User License Agreement (EULA).

4.  Software that is owned by its publisher.  For example, Microsoft owns MS Office 2010. But when you “buy” Office, either at retail or by buying a computer on which it is bundled, you are actually obtaining a license to use that software on that computer under certain stipulations held in the EULA. The student version of Office is licensed only for non- commercial use and if you use it for business purposes then you are in violation of the licensing agreement.

5.  Since you don’t own Office, then you can’t make copies of it and sell it or give it away to others. Depending on the license you may or may not be allowed to put it on more than one machine that you own.

6.  Open Source software gives non-exclusive ownership of software to anyone who obtains it legally.  There is typically an EULA with open source software but the person who obtains it does not have to agree to it. If one accepts the agreement then typically the user gets more rights.

7.  Typical EULAs have provisions about liability and warranty.  The typical liability clause disavows any and all liabilities for the creator except as required by law.  The typical warranty clause disavows any and all warranties for the creator except as required by law.  A typical clause in iTunes and other software of its type is that the end user is not permitted to rip songs from CDs unless they have legal right to the CDs being ripped.

8.  The DMCA is a United States copyright law.  It addresses the manufacture and distribution of software that has the capability of circumventing digital rights management (DRM).  The DMCA also heightens the penalties for infringement on the Internet.  The liability of ISPs is limited as long as they are diligent in trying to prevent violations.

9.  Software can be distributed as follows:  Purchase at Retail ▪ Software purchased from a distributor or manufacturer (also includes bundled software).  Site Licensing ▪ An organization purchases software with the right to install it on a specific number of machines under specific circumstances.

10.  Shareware ▪ The end-user obtains (usually by download) software that is then installed on a computer and tried out under limited circumstances after which the user will either purchase the software or remove it from the computer. ▪ The limitations are typically related to time, capacity, or crippled functionality.  Freeware ▪ Similar to shareware except that there is no obligation for the end-user to pay. FileZilla and KompoZer are examples. There are also commercial programs that are free for certain types of use such as educational.