Ethical and Social...J.M.Kizza 1 Module 6: Intellectual Property Rights and Computer Technology Computer Products and Services Instruments of Protection Ownership Protection of Ownership Rights The Legal Protection of Computer Software

Ethical and Social...J.M.Kizza 2 Computer products and services Computer products –E.g. keyboard, CPU, printer, and monitor –Have a tangible form –Have intrinsic value Computer services –E.g. repairing a computer product, configuring and installing a computer network –Have intrinsic value –Have no tangible form Computer software –cannot be so easily classified as either a product or a service. –legal protection of computer software in markets has been very problematic.

Ethical and Social...J.M.Kizza 3 Computer products and services… Computer software (cont.) –It is a set of logical instructions to perform a desired task. –The algorithm development has 4 phases: - Logical map : plan of the idea / flow chart/ algorithm –Source code –Object code : by using a compiler or an assembler This is not yet fully an operational form of the program because at this stage the program lacks variable addresses & library routines. –Executable code: Most programs bought from software producers are in this executable form. The program at this stage has intrinsic value to the software producer and probably to the buyer, but it has no tangible form. The program at this stage has intrinsic value to the software producer and probably to the buyer, but it has no tangible form.

Computer products and services… Computer software (cont.) –Has two forms (classifications): Service Product ( according to some definitions) Ethical and Social...J.M.Kizza 4

5 Computer products and services… Computer software categories: –CANNED- off-the-shelf software –Ordered software – ordered by the customer –Mixed software – software that customer buys off the shelf, but with changes allowed, or the customer adds certain parts to the software to meet some specific needs. software that customer buys off the shelf, but with changes allowed, or the customer adds certain parts to the software to meet some specific needs. Is SW product or service??? [Jim Price] –If it is canned – it is a product –If it is ordered SW – it is a service –If it is mixed SW – it is a mixed case.

Ethical and Social...J.M.Kizza 6 Foundations of Intellectual Property Rights Intellectual property rights form a wide scope of mechanisms (instruments of protection) that include : –Copyrights –Patents – trademarks –protection of trade secrets –personal identity rights.

Instruments Of Protection (1) Copyrights – It is 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. –Each country has its own requirements for the issuance of a copyright. – In USA, for example, there are three requirements for copyright protection: ExpressionOriginality Fixation in a medium Ethical and Social...J.M.Kizza 7

8 Copyrights ….(cont.) –Copyrights are now universally accepted –Once a copyright expires the work goes in public domain –Example of International copyright bodies include: WIPO- world intellectual property organization UNESCO UCC- universal copyright convention WTO – World Trade Organization Instruments Of Protection

Ethical and Social...J.M.Kizza 9 –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 E.g.: In U.S.( before 1978, 75 years from date of issue, after 1978 lifetime of author plus 50 years) Instruments Of Protection

(2) Patents - - It is 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, non-obviousness, there must be no disclosure. – –Protection duration in U.S. is 17 years Ethical and Social...J.M.Kizza 10

Ethical and Social...J.M.Kizza 11 (3) Trade Secrets –It is 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 Instruments Of Protection

Ethical and Social...J.M.Kizza 12 (4) Trademarks – –It is a product or service-identifying label. It is a mark that attempts to distinguish a service or a product in the minds of the consumers. –Duration of trademarks in U.S. is 10 years Instruments Of Protection

Ethical and Social...J.M.Kizza 13 (5) Personal Identity –Identity theft is a crime committed when one misrepresents oneself, with or without success, as another person in order to get the victim’s information so that the perpetrator can receive goods and services in the fraud victim's name. –Identity theft is now one of the fastest growing crime in US and a number of other countries as well. –victim goes through an agony trying to control, manage and recover from the damage caused Instruments Of Protection

Ethical and Social...J.M.Kizza 14 Techniques to steal personal identity include the following : –Advertising in newspapers and mostly on the Internet. The most common technique now, pretext calling, is where people misrepresent themselves as law enforcement agents, social workers, and potential employers to obtain the private data of others from banks and other financial institutions. – From readily available how-to books and discussion groups perpetrators get foolproof methods of wangling financial information out of bank employees. – Use of telemarketing scams to trick consumers into revealing personal data. – Abundant authentic-looking fake IDs, including Social Security cards, birth certificates and driver's licenses, are on sale online. –Going through one’s trash for personal gold. –Using the post office to redirect one’s mail to a perpetrator’s box number. – Criminals are increasingly using radio scanners to eavesdrop on personal calls. Instruments Of Protection

Tips to Prevent Identity Theft through personal awareness –Shred all credit-card receipts, cancelled checks, and other financial documents. –Seek employer personal information protection plans. –Avoid leaking personal information. –Where possible get all your payments deposited electronically in your bank account. –Periodically check your credit report. –Shred all your credit card solicitations and all other mail that bears personal identification. –If you become a victim, report the incident to law enforcement personnel. Ethical and Social...J.M.Kizza 15 Instruments Of Protection

Ethical and Social...J.M.Kizza 16 Infringement It is Moving within protected domains of intellectual property rights without permission from rightful owners

Ethical and Social...J.M.Kizza 17 The First Sale Doctrine –A copyright owner under the first sale doctrine has the right to distribute copies of copyrighted materials by means of sale, transfer of ownership, rental, release, or by any other means. Fair Use Doctrine –A balance between the protection of inventor/creator and the benefits to the community –The use of copyrighted material is considered fair if it does not exploit the commercial value of the work. –There are four ways to judge whether the use of an invention, discovery, or work is fair or not: The purpose of use, commercial or educational Nature of use Percentage of use The effect of use on the commercial value of the invention, discovery, or works.

Ethical and Social...J.M.Kizza 18 Intellectual Property Ownership An idea is novel if it is original, authentic, and new. Creativity, and discoveries are born out of individual ideas. Good ideas are the source of substantial benefits to individuals and the public. Before an idea can be useful, it must be put into utilizable form, either as a process or as an application. Before an idea can be useful, it must be put into utilizable form, either as a process or as an application.

Ethical and Social...J.M.Kizza 19 Protection of ownership rights As owner/author of a creation, you’re protected by: –Copyrights –Patents –Trademark –Trade secrets The burden of policing, detection, and prosecution in any country is squarely on the shoulders of the owner of the specific intellectual property rights protected.

Ethical and Social...J.M.Kizza 20 Protection of ownership rights… Under Property Rights Laws, different rights are protectable as shown here: –Copyrights: Copyright laws protect all rights embodied within the copyrighted work by the copyright act of the particular country, including the right to use, transform, sale, copy, and modify. –Patents: Patent laws protect all rights embodied in the particular country’s patent law. –Trademarks: Trademark laws protect all rights in the different trademark statutes depending on the state and country. –Trade secrets: Trade secret statues and laws protect all rights within the different states, local authority, and country’s statutes

Ethical and Social...J.M.Kizza 21 Protection of ownership rights… Strategies(/methods) of protections used vary from: –Spying on competitors and suspected infringers using hired operatives –Some companies call in their respective governments when they suspect foreign infringements –Use of local law enforcement agencies (in side & out side USA) –Using a blitz of publicity about suspected countries and counterfeit products. –Education campaigns via the mass media