1. Ownership of Computer Software Ethical Questions and Concerns

2. What is Intellectual Property? Any unique product of the human intellect that has commercial value. Examples: books, songs, movies, paintings, inventions, chemical formulas, and computer programs

3. Theft of software – unethical or only illegal? –Researchers secretly acquire software and decompile it to learn their competitor's algorithms –Programmers incorporate code copied from programs written by others –Distributors sell products without paying royalties or under false trademarks –Unauthorized installation of applications software

4. Ethical, Social, Legal Issues “Intellectual Property Law” –Copyrights, Patents, Trade Secrets What is copyrightable? –Lines of code –“look and feel”, of a program or operating system? (Apple vs. Franklin)

5. Copyright and Patent Protection Promoting Technical Progress Three theories: (a) The opportunity for profit from licensing software may be an incentive that entices good researchers to work on new software (b) Provides a way for researchers to openly publish their results (which would encourage future research based on their discoveries) while still making a profit from their works (c) Places society's resources in the hands of those most likely to use it for making future technological contributions

6. WHY INTELLECTUAL PROPERTY IS A SPECIAL ETHICAL ISSUE WHEN APPLIED TO SOFTWARE Easy to reproduce and distribute Tied to computer hardware Made possible a huge acceleration in the rate of innovation Can be used by several people at the same time

7. Moral Foundations – Intellectual Property Rights Can an idea be owned?

8. Copyright Copyright *a particular expression of an idea United States Code 17, section 102 reads: (a)Copyright protection subsists... in original works of authorship fixed in any tangi­ble medium of expression... (b)In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

9. Patents Patents *process One must be able to specify a new, useful, and nonobvious process, machine, manufacture, or composition of matter and to do so in such detail as would enable any person skilled in the relevant "art" or discipline "to make and use the same" (35 U.S.C. sees. 102, 103, 112)

10. Patents Being the First to Put Forward a Useful Idea Is Not a Sufficient Basis for Holding a Patent Even When One Has a Sufficient Basis for a Patent, It Does Not Literally Give One Ownership of an Idea

11. Freedom of Thought and Speech as a Constraint on Intellectual Property Rights Copyrights and Patents do not give property rights to an idea “fair use” doctrine -works may be reproduced for such purposes as criticism, comment, news reporting, teaching, scholarship, research Basic freedom to think and discuss ideas

12. JUSTIFICATIONS FOR INTELLECTUAL PROPERTY RIGHTS Is it morally defensible?

13. A Libertarian Argument Principle - People should be free to do as they choose so long as they do not interfere in other people's lives? Obtaining a patent is exercising right to freedom?

14. Inventor of Wheel in Village Does other’s use of the inventor’s idea deprive him of something that is rightfully his/hers? Is the first person to think of an idea entitled to exclude anyone from using it without his/her permission? This power / authority not sufficiently legitimized by personal freedom

15. Natural, Inherent Property Right in the Products of One's Own Mind Principle - A person owns the products of his/her own mind? What about all mental products? Ideas may be reached by others independently – ex. Wheel Ideas reached by drawing on other’s mental resources as well

16. Right to Privacy and Freedom of Contract as the Basis for Patent Rights In order to obtain a patent, an inventor discloses the details of the invention in exchange for a limited monopoly privilege –Right to privacy –Right to contract

17. Patent Rights Deserved? Based on effort, accomplishment? Independently successful inventors should also be rewarded What size of reward? Limited monopoly? Who decides who is most deserving?

18. Progress in Technology Long-term effects, incentive Benefits vs. Cost Constitution authorizes Congress to enact laws that: "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

19. Supreme Court The patent monopoly was not designed to secure to the inventor his/her natural right in his discoveries. Rather, it was a reward, an inducement, to bring forth new knowledge. The grant of an exclusive right to an invention was the creation of society—at odds with the inherent free nature of disclosed ideas—and was not to be freely given. Only inventions and discoveries which furthered human knowledge, and were new and useful, justified the special inducement of a limited private monopoly. (Graham v. John Deere Co., 383 U.S. 1, 9 [1966])

20. The Appeal to Fairness Inventor spends a considerable amount of time, energy, and money Others may duplicate and reproduce at lower price –Weakens incentive to research and develop Compensation based on research and development costs? Benefit to others? Inventors given fair chance to achieve market determined return on their investments