CS 5150 Software Engineering Lecture 5 Legal Aspects of Software Engineering

CS Follow-up from last lecture How to resolve widely different work estimates?

CS Projects Almost everyone has a group... if you do not, I can help you join an existing group The feasibility study and plan is due in just under 2 weeks

CS Legal Environment Software exists in a complex legal framework Every software developer should be aware of some parts of that framework Project decision makers usually consult with lawyers If you’re in doubt about the legal ramifications of a decision, always talk to a lawyer first

CS Legal Topics that are Relevant to Software Jurisdiction (local, national, international) Intellectual property (copyright, patent, trademark, trade secrets) Contracts and licences Privacy and security Employment Free speech and its limitations

CS Self-Study Lots of legal information accessible on the web now (e.g. Reading the actual legal text can be enlightening Do use your own legal interpretations to make decisions that could affect your team, clients or users in important ways Court decisions form a complex web of interpretations of sometimes contradictory laws Also, do not place much stock in free advice

CS Legal Change Laws and interpretations adapt slowly to changing technologies Most lawyers, judges and lawmakers have little technical background (with some exceptions in e.g. Silicon Valley) This sometimes forces technologists to exist in a legal limbo, or participate in updating the legal framework

CS Jurisdiction: USA The United States has Federal laws and federal courts State laws and state courts Much of state law is based on the Uniform Commercial Code Relationship between US law and International law is complex and changing

CS Jurisdiction: Boundaries “The internet has no boundaries” Well... sort of Examples: WikiLeaks, free speech limitations, intellectual property enforcement Where do you pay taxes?

CS Statutes and Precedents The United States follows Common Law Statutes (bills) passed by legislatures Regulations issued by government agencies Precedents (judgments) made by courts

CS Intellectual Property: Copyright Federal law that applies to literary works Originally just texts (in the narrow sense); extended to music, images, designs, software Copyright applies to expressions of ideas, not ideas themselves In software, copyright applies to particular programs, not the concepts behind the programs or a particular physical copy of a program

CS Copyright Details In the USA copyright gives owners exclusive right to: reproduce or copy distribute perform or execute display license others to do any of these things Special exceptions (not usually relevant to software): First sale Fair use

CS Ownership and Copyright At creation time Copyright is automatically owned by the creator Except works for hire; owned by the employer In the USA ownership of copyright can be transferred i.e. it is property that can be sold Governed by contract law

CS Ownership of Software Almost all employment contracts specify that the employer owns any code produced by the employee Any contract programming should include ownership agreement If you do not own the copyright, you must get permission (license) to do just about anything with code, even if you wrote it

CS Derivative Software When software is derived from old software: Copyright of the new code is owned by the new author(s) Constraints on the old code apply to the derived work Some leaders of open source projects insist that all contributors transfer copyright ownership to a single person or organization

CS Cornell Copyright Cornell policy states that students own the copyright on any works they produce for class Your feasibility study must include a statement of how the copyright for the code you produced will handled. Most clients will want you to transfer ownership to them. Read the Cornell policy: e/policies/volumes/governance/upload/Copyright.html e/policies/volumes/governance/upload/Copyright.html

CS Entrepreneurial Projects If your project is for a start-up company or similar venture, it is essential that you agree on any sharing of potential rewards before you do the development work If in doubt, ask for advice

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CS Software Contracts Contracts are how software is licensed or sold An agreement regarding an exchange of goods and services Written document with signatures Permanent or temporary; whole or part Exclusive or non-exclusive Termination, problems difficulties Terms and conditions Enforceable by courts For simple agreements, an exchange of letters is sufficient

CS Open Source Software OSS is an important part of the modern software landscape that does not fit well into traditional contract law

CS Intellectual Property: Patents Patents apply to inventions Should be: non-obvious, novel, useful The patent process is complex; you should always consult a lawyer before pursuing a patent 17 years from award (20 from application) Copyright applies to expressions of ideas; patents apply to ideas themselves

CS Software Patents A big mess Hard to know where ideas originate Patent examiner ignorance has led to broad patents for routine computing ideas Many ideas are covered by tens of patents International differences Math is not patentable

CS Trade Secrets and Non-Disclosure Agreements "... information, including a formula, pattern, compilation, program, device, method, technique, or process that derives independent economic value from not being generally known and not being readily ascertainable and is subject to reasonable efforts to maintain secrecy." Uniform Trade Secrets Act Non-disclosure agreement: Legal agreement for revealing trade secrets in a limited way Read carefully!!!

CS Trade Secrets Trade secrets do not expire, as long as they are kept secret Competitors may not use secrets obtained through extra-legal means Trade secrets learned from one employer must not be disclosed to other employers

CS Employment Law (Employer’s side) Every jurisdiction has complex laws regarding recruiting, hiring, firing, on-job conditions, and terms and conditions of employment If you supervise other people, you should be familiar with some of this law If you hire other people, you should probably consult a lawyer

CS Employee’s side Employment contracts vary quite a bit and are negotiable Non-compete Non-disclosure Ownership of hobby projects Talk about these things before accepting a job! Read the contract before signing it!

CS Privacy Invasions of privacy: Intrusion Appropriation of name or likeness Unreasonable publicity False light Data collection If you collect any personal data, be very careful Special laws regarding children Europe is more restrictive than the USA

CS Privacy in the Workplace Work-related material on work machines is definitely not private Many employers consider all information on work machines to be the companies property As a software developer it is likely that you will encounter private information at some point in your career Keep it private!

CS Privacy on the Internet Legally, enjoys the same protection as postal mail But there is no envelope! If your work involves transfering data over public networks, you should take appropriate precautions (encryption, etc) Business belongs to the company Deleting can be considered inappropriately destroying records

CS Free Speech In the USA the Constitution protects speech, but there are major exceptions (state secrets, defamation, obscenity, hate speech) Laws in other countries vary considerably (blasphemy, criticism of government, holocaust denial)

CS Bottom Line for Developers Be familiar with the legal environment you’re operating in, but do not pretend to be a lawyer