Intellectual property
Intellectual property (IP) refers to creations of the mind that are protected by law. In software development, IP includes source code, algorithms, documentation, and user interfaces. Just as a person can own physical property, IP law gives creators legal rights over how their work is used, copied, and distributed.
In Australia, software is automatically protected under copyright law the moment it is written — no registration or application is required. This means that when a developer writes original code, they hold the rights to it by default.
Piracy and copyright
Software piracy means copying, distributing, or using software without the copyright holder’s permission. This includes illegally downloading programs, sharing licence keys, and running more copies of a program than the licence allows. Piracy is both an ethical issue, as it deprives creators of income and a legal one.
Under the Copyright Act 1968, software is classified as a literary work and is protected automatically. The copyright holder has the exclusive right to reproduce, publish, communicate, and adapt the software. Piracy can result in civil penalties such as damages, or in serious commercial cases, criminal prosecution.
Plagiarism and the acknowledgement of code
Plagiarism in software development means using someone else’s code and presenting it as your own without acknowledgement. In an academic setting, submitting code copied from another source without attribution is misconduct.
Professionally, using code without checking its licence can expose a developer or organisation to legal liability, even unintentionally. Best practice is to always verify the licence of any third-party code before using it and to keep records of its origin.
The purpose of software licensing
A software licence is a legal agreement between the copyright holder and the user. It defines what the user is permitted to do with the software, such as how many devices it may be installed on, whether it can be modified, and whether it can be redistributed. The licence does not transfer ownership of the software; it grants a right to use it under specific conditions. Without a licence, copyright law applies by default, meaning no one else may legally use, copy, or distribute the software.
Open source software
Open-source software is software whose source code is publicly available. Anyone can view, study, modify, and distribute it, subject to the terms of its licence. Open source encourages collaboration and transparency; developers around the world can contribute improvements, fix bugs, and adapt the software for new purposes. It is often free to use. Common examples include the Linux operating system, the Python programming language, and the Firefox and Chromium web browsers.
Open source licences range from permissive (such as the MIT licence, which allows use in commercial and proprietary products) to copyleft (such as the GNU GPL, which requires that any derivative work also be released as open source).
Proprietary software
Proprietary software is software where the source code is kept private by the developer or company that owns it. Users are granted a licence to run the software but cannot view, modify, or redistribute it. The terms of use are typically set out in an End User Licence Agreement (EULA), which users must accept before using the software. Common examples include Microsoft Office and Adobe Creative Cloud.
Proprietary software is sold commercially or provided under a subscription. Because the source code is not available, users are dependent on the original developer for updates, support, and bug fixes. If the company discontinues the product, users may have no way to maintain or adapt it.