1 Ethics of Computing MONT 113G, Spring 2012 Session 32 Software as Intellectual Property

2 Issues for Protecting Software Property Rights Main issues in protecting software property rights: 1.Software is highly reproducible 2.Different representations of software: Algorithm Source Code Object Code 3. Software is valuable. Companies and individuals want to control ownership.

3 Copyright Others cannot reproduce or distribute copies of a copyrighted work. Software developers can use copyright to prevent others from copying the software without permission. Copyright lasts for the life of the author plus 70 years.

4 Problems with Copyright for software An idea cannot be copyrighted--only the expression of the idea. 1.Is source code copyrightable? Why or why not? 1.Are algorithms copyrightable? Why or why not? 1.What might be a problem for companies based on the above distinction between source code and algorithms?

5 Copyright infringement It may be difficult to determine what constitutes copyright infringement for software. Which of the following are copyright infringements? Changing all the variable names in the source code? Independently writing a similar piece of code? Is machine code (i.e. the 1's and 0's) copyrightable? (Franklyn vs. Apple, 1984 supreme court case). Adding something to existing software? Who has the burden of proof (to show copyright infringement)?

6 Digital Rights Management Digital Rights Management (DRM): Designed to prevent copying of digital information. Used to prevent copying of software, music and movies. Hackers can thwart the mechanisms. Digital Millenium Copyright Act (DMCA): Passed in 1998 to support DRM. Makes it a crime to copy copyrighted material. Makes it a crime to explain to others how to get around DRM algorithms. (This is a problem for CS researchers studying these algorithms.)

7 Trade Secrecy Trade secrecy laws give companies the right to keep certain information secret. Examples: Food recipes, Chemicals used in processes, Google search algorithms. What properties must information have to be protected by trade secrecy? have novelty. represent an economic investment. have involved some effort in development. company must have made an effort to keep it secret. Example: Nondisclosure agreements; software licenses

8 Problems with Trade Secrecy Problems with trade secrecy: What are some problems with trade secrecy laws with respect to software? The laws are not uniform. The laws were not designed for IT, so the outcome is uncertain. It is hard to maintain secrecy for software: A person working with software may be able to grasp the principle and reproduce it. The company may have to show clients the source code to customize the software for the client's needs.

9 Patent Protection A patent gives the holder the right to prevent others from making, using, or selling an invention. The protection holds even if another person invents it independently. Abstract ideas, mathematical formulas, scientific principles, laws of nature and mental processes cannot be patented. Is software a mental process? Should one be able to patent an algorithm? Problems: Patents are meant to foster inventions. Patents on software may inhibit inventions. How? (E.g. new software must have a patent search before marketing).

10 Free Software Free Software, as envisioned by Richard Stallman: Users have the freedom to run, copy, distribute, study, change and improve on software. The Free Software License says that if the code is incorporated into a new program, that program must also have a Free Software License. ("Copyleft") Four freedoms for Free Software: 1.Freedom to run the program for any purpose. 2.Freedom to study how the program works and adapt it. 3.Freedom to redistribute copies (to help your neighbor). 4.Freedom to improve the program and release the improved version to the public.

11 Free and Open Source Software (FOSS) Open Source Software does not include the same restrictions as FS. FOSS may be distributed with a cost. Example: Red Hat Linux The right to view and change the source code is what's important. Software developers make money selling and customizing the code. Proprietary Software (PS) developers feel FOSS is a threat to PS. (Why?)