Software acquisition and Professional Issues Related to use of ICTs 1 1

Software Acquisition Develop their own Software in-house Acquire ‘off-the-shelf’ packages (proprietary, need a license to use software) Contract a Software house to develop the required software (outsourcing) Free and open source software (FOSS). This is software whose publishers have made the source code available for anybody to alter without the need of a licence or agreement to do so. E- Business, Ninth Edition 2 2

Acquisition Method Factors Company /Organization size/ Complexity of Organization. Availability of qualified staff. Application sought (unique or otherwise) Is the Software for the task available? Cost implications (Licensing and Purchase) Does it adequately meet organization needs? E- Business, Ninth Edition 3 3

Acquisition Method Factors cont’d Operating System in use. Hardware specifications requirements. Other software installed on the machines and the need for inter-operability and coordination. Consideration of the pros and cans of each type of Software against the alternatives. E- Business, Ninth Edition 4 4

Licensing, Purchase and Use of Software Intellectual Property A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes. The legal rights associated with inventions, artistic expressions and other products of the imagination (e.g. patent, copyright and trademark law.) E- Business, Ninth Edition 5 5

Licensing, Purchase and Use of Software Copyright Also referred to as the right to copy. An incorporeal right granted by statute to the creators of literary works and artistic productions whereby the creators are invested for a specified period with sole and exclusive privilege of multiplying copies or authorizing performance of the same and publishing. E- Business, Ninth Edition 6 6

Licensing, Purchase and Use of Software Trade Marks A trademark or trade mark is a distinctive sign of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. Certain words, phrases, names, designs, icons, graphics or logos used on the Site may constitute trade marks, service marks or trade names or other entities. The display of any trade marks on the Site does not imply that a licence has been granted for any further use. E- Business, Ninth Edition 7 7

Licensing, Purchase and Use of Software A license is an arrangement under which an organization (the licensor) grants another organization (the licensee) the right to manufacture goods, use patents, use processes, or exploit trade marks within a defined market. Often used as an international market entry method. It is also contractual agreements granting permission for the use of intellectual property under specific conditions. Some online licenses impose limits beyond what is covered under copyright law. E- Business, Ninth Edition 8 8

Licensing, Purchase and Use of Software End User Licensing Agreement (EULA) This is synonymous with the agreements made by the publisher of software granting the bearer permissions to load the software on their computer subject to conditions. This may simply be an agreement made when the user/client accepts the licensing agreement terms and conditions through the actual act of opening the container/packaging that houses the software. This agreement may also be upheld by activating the software itself. The user may opt out of the agreement by refusing to open the container/packaging housing the software or refusing to activate it with the subject conditions. E- Business, Ninth Edition 9 9

Ethical Issues Ethics (moral values) issues that arise for companies and individual involved in the use of ICT Conflicts between companies’ desire to collect and use data about their customers and the privacy rights of those customers E- Business, Ninth Edition 10 10

Borders and Jurisdiction Physical world has territorial borders with clear; Mark range of culture Mark reach of applicable laws Physical travel across international borders Formal document examination Language and currency change E- Business, Ninth Edition

Geographic influences of area’s dominant culture FIGURE 8-1 Culture helps determine laws and ethical standards Geographic influences of area’s dominant culture Limit acceptable ethical behavior and laws adopted Culture affects laws directly and indirectly Through its effect on ethical standards E- Business, Ninth Edition

Borders and Jurisdiction (cont’d.) Geographic boundaries on culture Today people travel easily between countries Example: European Union citizen movement and use of common currency (the euro) Relationship between geographic and legal boundaries Defined by four elements Power, effects, legitimacy, notice E- Business, Ninth Edition

Borders and Jurisdiction (cont’d.) Power Form of control over: People and objects residing in physical space Defining characteristic of statehood Effective laws require effective enforcement Effective enforcement requires ability to: Exercise physical control over residents Impose sanctions on violators E- Business, Ninth Edition

Borders and Jurisdiction (cont’d.) Effects Physical world laws Grounded in relationship between physical proximity and effects (impact) of person’s behavior Diminish as geographic distance increases E- Business, Ninth Edition

Borders and Jurisdiction (cont’d.) Legitimacy Idea that those subject to laws should have some role in formulating them Countries and governments Operate with varying levels of authority and autonomy E- Business, Ninth Edition

Borders and Jurisdiction (cont’d.) Notice Physical boundaries provide notice (when crossed) Expression of such a change in rules Constructive notice People informed of subjection to new laws and cultural norms: crossing international border Ignorance of law: not sustainable defense E- Business, Ninth Edition

Jurisdiction on the Internet Difficult No geographic boundaries Physical world considerations (power, effects, legitimacy, notice) do not translate well Governments enforcing Internet business conduct laws: E- Business, Ninth Edition

Online Crime, Terrorism, and Warfare Internet Opened up worldwide possibilities for people to communicate Opened doors for businesses to: Reach new markets Create opportunities for economic growth Useful tool for perpetrating crimes, conducting terrorism, waging war E- Business, Ninth Edition

Online Crime Online versions of physical world crimes New online crime Theft, stalking, pornography distribution, gambling New online crime Commandeering computer to attack other computers Law enforcement obstacles Jurisdiction issues Prosecuting across international boundaries Internet provides new life to old fraud scams Advance fee fraud Nigerian scam (419 scam) E- Business, Ninth Edition

Online Crime (cont’d.) Distribution of pornographic material Jurisdiction issues Subjective distinction between legal and illegal adult material Online gambling Online stalking E- Business, Ninth Edition 21

Online Crime (cont’d.) Cyberbullying Using technology to harass, humiliate, threaten, or embarrass another E- Business, Ninth Edition 22

Online Crime (cont’d.) Infiltrating computer systems with intent of stealing data, creating operational disruptions Internet can help law enforcement Track perpetrators of crime Criminals brag on social networking sites Criminals leave clues in online profiles E- Business, Ninth Edition

Online Warfare and Terrorism New age of terrorism and warfare Carried out or coordinated through the Internet Web sites (considerable number) Operated by hate groups and terrorist organizations Contain detailed instructions for creating biological weapons, other poisons Contain discussion boards Help terrorist groups recruit new members online Offer downloadable terrorist training films (thousands) E- Business, Ninth Edition

Ethical Issues & Consequences Ethics issues Significant in online privacy area Laws not keeping pace with Internet, Web growth Nature and degree of personal information recorded Damaged reputation, long-term loss of trust, loss of business Ethical lapse rapidly passed among customers, can seriously affect company’s reputation E- Business, Ninth Edition

Communications with Children Children are less capable of evaluating information sharing and transaction risks Concerns Children’s ability to read, evaluate privacy statements Consent to providing personal information to sites E- Business, Ninth Edition 26