1. INTELLECTUAL PROPERTY COPYRIGHTS, PATENTS AND TRADE MARKS

2. COPYRIGHT Protects the creative expression of an idea. Protects an original work in the form in which it was created. Grants the right to prevent others from copying the software without permission. Does not prevent someone else from expressing the same idea in their own way.

3. COPYRIGHT EXAMPLES PROTECTED Microsoft Word, a word processor. MacOS, a GUI computer operation system. Code that performs a task in a particular way. NOT PROTECTED The idea of a word processor. The idea of a GUI computer operating system. Code that represents the only practical way to perform a task.

4. PATENT Grants exclusive rights for an invention or process to an entity for a limited period of time. According to the U.S. Patent Act, a patent may be granted to anyone who “invents or discovers a new and useful process, machine, manufacture, or composition of matter.” Patent law, as it pertains to software, is ambiguous. Applications are evaluated on a case-by-case basis.

5. SOFTWARE PIRACY Defined as the unauthorized copying, reproduction, use or manufacture of software products. Steals revenue from the original publisher. Creates unfair competition with legitimate businesses. Damages brands.

6. HOW DO COPYRIGHTS AND PATENTS PROTECT A PROGRAMMER? They provide a legal framework in which a programmer or organization can claim ownership and rights to their work. Infringement claims can be judged by a court and damages can be awarded.

7. COPYRIGHT/PATENT INFRINGEMENT CASES Apple Computer, Inc. vs. Microsoft Corp. System Enhancement Associates, Inc. vs. PKWARE, Inc. and Phillip W. Katz Stac Electronics vs. Microsoft Corp.

8. LICENSING VS. OWNING SOFTWARE LICENSING The user is granted permission to use the software within guidelines specified by the owner The owner owns the copyright to the software A fee may or may not be required to use the software OWNING Ownership means that the individual or organization has full rights to the software The owner either created the software or purchased the rights from the creator

9. FREEWARE Software that may be used at no cost, or for an optional fee. Is in contrast with commercial software, which a user must pay to use. May be distributed with restricted usage rights, which may include disabling “premium” features. May be open-source or closed-source. Examples include Adobe Reader, Gmail, Mozilla Firefox and Skype.

10. OPEN-SOURCE Source code is publicly available via a free license. Typically intended for open collaboration among programmers. For group projects, a committee reviews and approves updates to the code. Open source software is generally distributed for free, but a fee may be charged for support and training. Examples: Blender, GIMP, PHP