Software Copyright and License Hun Myoung Park, Ph.D., Public Management and Policy Analysis Program Graduate School of International Relations International University of Japan

Intellectual Property Rights 1 2 Intellectual Property Rights 1 IPRs are legal rights to which the creators of intellectual property are entitled. Intellectual properties include music, movies, paintings, computer graphics, poetry, books, articles, symbols, names, designs, architectural drawings. IPR include copyrights, patents, trademarks, industrial design rights, trade dress, and trade secrets. Wiki

Intellectual Property Rights 2 3 Intellectual Property Rights 2 “A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time.” Wiki “A trademark is a recognizable sign, (word, phrase,) design, or expression which identifies (distinguishes) products or services of a particular sources from those of others.” Wiki.

Intellectual Property Rights 3 4 Intellectual Property Rights 3 Copyrights are “exclusive legal right that prohibits copying of intellectual property rights without permission of the copyright holder” Include rights to publish, reproduce, distribute, perform or display the work Software copyrights are of computer software.

Intellectual Property Rights 4 5 Intellectual Property Rights 4 Software piracy (unauthorized copying of copyrighted software) Network piracy (electronic networks to distribute unauthorized copyrighted materials) Plagiarism (expropriation of text, images, findings, interpretations, etc. of other peoples)

Intellectual Property Rights 5 6 Intellectual Property Rights 5 IPRs are considered so called public goods If not protected, less produced than needed in the society Market failures (market fails to produce sufficient goods and services that are demanded. Government steps in and define/protect IPRs to avoid market failures.

7 Bad Samaritans (2007) Criticize neo-liberalism and developed countries who are kicking away the ladder Are they real inventors? Source of knowledge Current IPR is too harsh, too much (period) Fair use, first sale, copyleft or open source software, and anti-copyright Copyright is needed, but Cost for society and benefit for inventor should be balanced

8 Software Copyrights 1 Extension of copyright applied to computer software packages and sources. Software piracy is the copyright infringement of software or unauthorized copying of copyrighted software. Cheap, easy, and fast to copy and distribute Anonymity makes it attractive Unable or unwilling to pay; too costly. Unavailability of legitimate products

9 Software Copyrights 2 Fair use (Section 107 of the Copyright Act of 1997) “[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

10 Software Copyrights 3 First sale doctrine “restrains copyright protection by limiting control over a particular copy of a book only until its ‘first sale’ –the first time that a particular copy is sold” (Woellert, 2004:207) Original purchaser of a work can lend, share, resell, manipulate, destroy it. Basis for library, used-book stores, auction, etc.

11 Software Copyrights 4 Shrink-wrap license and click-wrap license makes it impossible to read the contract before completing the purchase.

12 Software Copyrights 5 Copyleft reserves copyright for the source codes. non-proprietary software Free copy, modification, distribution Free software foundation in 1985 Open source initiative in 1998 by Eric S. Raymond. Open source software (OOS) GNU general public license (GPL), BSD and MIT licenses Linux, Apache, Firefox, OpenOffice, etc.

13 Software License 1 A “legal instrument (contract) governing the use or distribution of software” (Wiki) “When people purchase software, they don’t actually own the software” (p.167) They just get official permission to use and distribute software.

Software License 2 Proprietary (commercial) license 14 Software License 2 Proprietary (commercial) license OEM (Original Equipment Manufacturers) license is used for software that is already installed in the machine. Free license Shareware (fee to get better service) Public domain license (donated to public) Open source license (copyleft)

Software License 3

Software License 4 Length of time to be used 16 Software License 4 Length of time to be used Trial, fixed time (lease), versus perpetual license Contents of software package Limited versus full-blown license Each stand-alone license is used by each machine

17 Software License 5 Single user license allows a limited number of installation used by a single person. Multiple (volume) users license allows to install multiple times for multiple users. E.g., 10 users license. Concurrent-user license limits the specific number of users who can use the software at the same time. Per-processor license depends on the number of processors (e.g., Stata-MP)

18 Network License Network license depends on software servers that dynamically allocate resources (software packages) to multiple computers. Often combined with concurrent-user license controlled by license servers. Flexible and efficient use of (pooled) licenses Controllability and standardization Need sophisticated knowledge and skills.

19 Site License Site license allows anyone on a particular sites such as university and hospital. Oftentimes IP address or MAC (media access control) address is used to recognize valid users in a site license. Users’ physical locations do not matter as long as they are authenticated and validated.

Open Source Software 1 Source codes are open to the public (users) 20 Open Source Software 1 Source codes are open to the public (users) Non-proprietary software, GNU general public license (GPL), BSD and MIT licenses Free software foundation in 1985 Open source initiative in 1998 by Eric S. Raymond

Open Source Software 2 Source codes are open but copyrighted 21 Open Source Software 2 Source codes are open but copyrighted Thus, often called “Copyleft” Free copy, modification, distribution in general Oftentimes, not free to use commercially (e.g., MySql) despite free download and installation. Linux, Apache, Firefox, OpenOffice, etc.

22 Software Selection 1 Consider purposes (task), users’ preference, budget, computing environments, others Oftentimes IP address or MAC (media access control) address is used to recognize valid users in a site license. Users’ physical locations do not matter as long as they are authenticated and validated.

Software Selection 2 Natures or characteristics of a task 23 Software Selection 2 Natures or characteristics of a task Standardization and compatibility (interlocking or lock-in effect) Customized versus off-the-self S/W Proprietary versus open source S/W License types Combination of system software and application software

References Stair and Reynolds. 2016. Principles of information systems, 12th ed. Cengage Learning.