Ethical and Social...J.M.Kizza1 Module 5: Intellectual Property Rights and Computer Technology  Computer Products and Services  Instruments of Protection  Ownership  Infringement  Protection of Ownership Rights  A Case for Computer Software

Ethical and Social...J.M.Kizza2 Computer products and services  Computer products –Have a tangible form –Have intrinsic value  Computer services –Have intrinsic value –Have no tangible form  Computer software –A set of logical instructions in four forms:

Ethical and Social...J.M.Kizza3 Computer products and services… Logical map Source code Object code Executable code –Has two forms Product Service –May not have a tangible form

Ethical and Social...J.M.Kizza4 Computer products and services…  Computer software categories: –CANNED- off-the-shelf software –Designer software – ordered by the customer –Mixed – designer/canned  If it is canned – it is a product  If it is designer ordered – it is a service  Otherwise a mixed case.

Ethical and Social...J.M.Kizza5 Instruments of protection  Software is protected by: (1) Copyrights – rights enforceable by law and accorded to an artist, inventor/creator of an expression or creative works: literary, dramatic, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording. –The protected works must have: Tangible form(expression) Originality Fixation in a medium

Ethical and Social...J.M.Kizza6 Instruments of protection… –Copyrights are now universally accepted –International enforcement conventions include: WIPO- world intellectual property organization UNESCO UCC- universal copyright convention –Once a copyright expires the work goes in public domain

Ethical and Social...J.M.Kizza7 Instruments of protection… –Public works include: Non-copyrightable items( ideas, facts, schedules, names, etc..) Copyrightable items whose copyrights have expired Copyrightable works put in public domain by the author –Duration of copyrights: Depends on country In U.S.( before 1978, 75 years from date of issue, after 1978 lifetime of author plus 50 years)

Ethical and Social...J.M.Kizza8 Instruments of protection… (2) Patents – protection of inventions and discoveries –What is protected must be: New and useful Improvement of any of the following: –Process, manufacturing( products that are not machines), machines(covering mechanism, mechanical products and composition) Utility, Novelty, nonobvious, there must be no disclosure. –Protection duration in U.S. is 17 years

Ethical and Social...J.M.Kizza9 Instruments of protection…  (3) Trade Secrets –Information that gives a company a competitive advantage over the others –No one specific definition of trade secrets –It’s a collection of information in a static format with a strategic importance –Duration is infinite if no disclosure –See pp. 72/73

Ethical and Social...J.M.Kizza10 Instruments of protection… –The following characterize trade secrets: Extent the information is known outside the business Extent of measures taken to protect the trade secrets Value of information to the owner Amount of money spent by owner to develop the information Ease/difficulty of acquiring such information

Ethical and Social...J.M.Kizza11 Instruments of protection…  (4) Trademarks – product identifying labels –Include: Service marks Certification marks Collective marks –Characteristic of trademarks include( see page 74/75): Arbitrary marks (say nothing but used for service) Suggestive marks (symbols and writings) Descriptive marks ( intended purposes) General marks (unrelated and not suggestive) –Duration of trademarks in U.S. is 10 years

Ethical and Social...J.M.Kizza12 Instruments of protection… –Trademarks are registered in U.S. if they: Are in good taste for the public Have no suggestive connotations to their origin Are not symbols of any recognizable country Do not use people’s likeness without permission

Ethical and Social...J.M.Kizza13 Instruments of protection…  (5) Right of Publicity –This is a less known individual right about personal attributes ( name, Social Security number, etc..) from exploitation by others

Ethical and Social...J.M.Kizza14 Infringement  Moving within protected domains of intellectual property rights without permission from rightful owners  There are three types of infringements: –Direct (full knowledge) –Inducement –Contributory

Ethical and Social...J.M.Kizza15 Infringement…  Types of infringements (see page 77) –Copyrights infringement is difficult to prove (page 78) –Likewise patent and trademarks infringements are also difficult to prove

Ethical and Social...J.M.Kizza16 Protection of ownership rights  As owner/author of a creation, you’re protected by: –Copyrights –Patents –Trademark –Trade secrets  The burden of safeguarding intellectual property rights is with the individual

Ethical and Social...J.M.Kizza17 Protection of ownership rights…  Methods used vary from: –Spying –Using hired operatives –Inspection –Use of enforcement agencies –Use of government (big companies)  First Sale Doctrine – copyright owner’s right to distribute one’s material through a lease or license.

Ethical and Social...J.M.Kizza18 Protection of ownership rights…  Fair Use Doctrine – a balance between the protection of inventor/creator and the benefits to the community (see page 79)

Ethical and Social...J.M.Kizza19 A Case for Computer Software  The 1980 U.S. copyright amendment defines a computer program as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result” –Written programs are written creative works just like poems –Programs are copyrightable

Ethical and Social...J.M.Kizza20 A Case for Computer Software…  Computer programs on the other hand implement ideas (process ideas) –They can be and have been protected as patentable items.  There are problems with software patents: Requirement of total disclosure Software projects are mostly by individual who cannot afford patent expenses Difficult to prove that algorithms are processes, therefore, patentable.