1. CSE350 Software Design and Engineering University of Pennsylvania Jonathan M. Smith http://www.cis.upenn.edu/~jms February 19 th, 2002

2. Liability lWhat does ``liability'' mean? lUsually, ``who's at fault'’ lQuestion upon ``failure'' (or disagreement)

3. Two methods of resolution lContract law (predetermination) lTort law (postdetermination)

4. Contract is (approximately) Req. Doc. lgood reason to have Requirements Doc! lTorts are more troublesome

5. Torts lTort == ``wrong'' or ``harm'’ lExample: Paul Bunyan fells tree on schoolbus laccident, but harm has been done lwho's at fault, and *who pays*? lJuries (your peers as humans, not as engineers) decide lSignificant risk to your enterprise

6. Best defense == ``best practice'' lProblem: best practice often not clear lDesign, test, document! lTry to limit liability

7. Intellectual Property lIssue is what's in your head lIt (hopefully) can't be extracted lWho has rights to your ideas? lWhat if they (your ideas) depend on access? to, e.g., UNIX source code?

8. Conflict in Intellectual Property lCan new employer be precluded from using old expertise? lCan you take libraries you have written with you? lWho decides?

9. Company believes it: lgives access to proprietary information lprovides environment for learning lprovides resources for development lshould own (all) results lwishes to protect assets

10. Programmers believe: lright to work lright to use knowledge/skills lcompany's rights exist, but limited lthey choose to grow; own rights to some

11. Other Points lknotty issue of ``personal'' time lrestrictions on e-mail/publication lwho benefits when ``intellectual property'' produces revenue directly?

12. Software Protection lTrade Secret lPatent lCopyright lNon-legal (technical) means

13. Why is software protection hard? lNo historical basis lElectronic distribution lEconomic need for reuse lEconomic benefits of protection

14. Trade Secret lRequires that idea to be protected be kept ``secret'‘ lBest known example: Coca-Cola Formula lAdvantage is no time limit lDisadvantage is difficulty of maintaining secret lEspecially with mobile programmers & electronic distribution

15. Patent lHas been tried lBest known example: UNIX `setuid‘ lPatent gives exclusive license in exchange for disclosure lDetermination of novelty difficult lEnforcement hard - software complex

16. Copyright lProtects exact expression lDifficulty with ``look-and-feel'‘ lSource different (reengineering!) lbut same behavior lAble to deal with code reuse lSeems to be preferred method lMore difficulty with ideas

17. Technical Means lCopy Protection lUse cryptographic techniques lUse artifact possession (card/device) lHow to make backups? lUser annoyance/usability lStill active research area....