There’s an old computer program I have that I used when I was a kid to help me write stories. I want to install it for my kids to use but it doesn’t work on modern computers. However, I found a copy of it on the Internet Archive that was a later version, which does run on my current computer. Also, the company that made the program is no longer in business, and you can only buy the program secondhand on eBay (but I’ve only found the old version that doesn’t work). Is it allowed for me to download and use this new version of the program, since I own an earlier version?
Bismillahi Ta’ala
Walaikum Assalam Warahmatullah,
At the outset, a copyright license establishes a relationship of user with the company in regards to the fair use of the software. Islamically, this concept has been heavily debated and many contemporary scholars consider it to be governed under the law of land. So if the legal law establishes a right for the company’s intellectual property, then fiqhi stance would abide by it. This is because we live in this land with a Mu’ahida (a pact) of following its laws as long as they do not go contrary to dictates of Islam.
That being said, these issues are not as black and white when such intellectual property involves software licensing. The scope of such impositions for certain particular scenarios is an ongoing debate. Nonetheless, the fiqhi decision will still keep legal implication under consideration.
Few points to consider about legal implications
- In Canada, software is protected under the Copyright Act, like any other creative work.
- Copyright does not depend on whether the manufacturer is operational or not; it is tied to the work itself.
- Generally, copyright protection lasts for the life of the author (or the last surviving co-author) plus 70 years (as of 2022, due to amendments in the Copyright Act).
- Similarly, Abandonware (software that is no longer supported or sold by its original creator) is not legally exempt from copyright unless explicitly released into the public domain or under an open-source license.
- While above holds true, if the manufacturer is no longer in business, enforcing the copyright or license may be unlikely unless the rights have been transferred to another entity.
Keeping above points in consideration, your license for the first software normally does not automatically entitle you for an newer version, unless the original software company released it as an update within that license. So, you should not use the newer version unless the original license gives you this additional permission for newer version.
In some older software, if they were intended to be shareware with option of licensing, then you may still be able to use the software without the need of a license.
Also, keep in mind that a lot freeware options are now available for older software. Search for them and you may find something closer to this older software. For example, instead of MS Office which is licensed software, you may use Libre Office which is completely free and opensource.
You may search for other similar software.
Wallahu A’lam
And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi