1. Intellectual Property Rights and Computer Technology
Chapter 6
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2. Intellectual Property Rights and Computer Technology
Computer Products and Services
Instruments of Protection
Ownership
Infringement
Protection of Ownership Rights
The Legal Protection of Computer Software
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3. Computer Products and Services
Have a tangible form
Have intrinsic value
Computer services
Have intrinsic value
Have no tangible form
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4. Computer products and services…
Computer software
A set of logical instructions in four forms:
Logical map
Source code
Object code
Executable code
Has two forms
Product
Service
May not have a tangible form
Ethical and Social...J.M.Kizza

5. Computer Products and Services…
Computer software categories:
CANNED- off-the-shelf software
Designer software – ordered by the customer
Mixed – designer/canned
If it is canned – it is a product
If it is designer ordered – it is a service
Otherwise a mixed case.
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6. Foundations of Intellectual Property Rights
Software is protected by Copyrights
Rights enforceable by law
Accorded to an artist, inventor/creator
Should be an expression or creative works
Literary, dramatic, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording.
The protected works must have:
Tangible form
Originality
Fixation in a medium
Ethical and Social...J.M.Kizza

7. Foundations of Intellectual Property Rights
Copyrights are now universally accepted
International enforcement conventions include:
WIPO- world intellectual property organization
UNESCO
UCC- universal copyright convention
WTO – World Trade Organization
Once a copyright expires the work goes in public domain
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8. Foundations of Intellectual Property Rights
Public works include:
Non-copyrightable items
Ideas, facts, schedules, names, etc..
Copyrightable items
Copyrights have expired
Copyrightable works put in public domain by author
Ethical and Social...J.M.Kizza

9. Foundations of Intellectual Property Rights
Duration of copyrights:
Depends on country
U.S.
Prior 1978
75 years from date of issue
After 1978
lifetime of author plus 50 years
Ethical and Social...J.M.Kizza

10. Foundations of Intellectual Property Rights
Patents
Protection of inventions and discoveries
Requirements
New and useful
Improvement of any of the following:
Process
Manufacturing ( products that are not machines)
Machines (covering mechanism, mechanical products & composition)
Utility
Novelty
Nonobvious
No disclosure.
Protection duration in U.S. is 17 years
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11. Foundations of Intellectual Property Rights
Trade Secrets
Information gives company competitive advantage
No one specific definition of trade secrets
Collection of information
Static format
Strategic importance
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12. Foundations of Intellectual Property Rights
Trade Secrets
Duration is infinite if no disclosure
The following characterize trade secrets
Extent the information is known outside the business
Extent of measures taken to protect the trade secrets
Value of information to the owner
Amount of money spent by owner to develop the information
Ease/difficulty of acquiring such information
Ethical and Social...J.M.Kizza

13. Foundations of Intellectual Property Rights
Trademarks – product identifying labels
Include:
Service marks
Certification marks
Collective marks
Characteristic of trademarks include
Arbitrary marks (say nothing but used for service)
Suggestive marks (symbols and writings)
Descriptive marks (intended purposes)
General marks (unrelated and not suggestive)
Duration of trademarks in U.S. is 10 years
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14. Foundations of Intellectual Property Rights
Trademarks are registered in U.S. if they:
Are in good taste for the public
Have no suggestive connotations to their origin
Are not symbols of any recognizable country
Do not use people’s likeness without permission
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15. Foundations of Intellectual Property Rights
Personal Identity
Identity theft is a crime committed
A person misrepresents oneself
Intent
Get the victim’s information
Perpetrator can get goods & services in the victim's name.
One of the fastest growing crime
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16. Foundations of Intellectual Property Rights
Identity theft techniques
Advertising
Newspapers
Internet
Most common technique - pretext calling,
People misrepresent themselves
Law enforcement agents
Social workers
Potential employers
Goal - obtain the private data
Sources of directions
How-to books
Discussion groups
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17. Foundations of Intellectual Property Rights
Techniques steal personal identity include
Telemarketing
Fake Identifications
Dumpster diving
Going through trash
Post office to redirect mail
Eavesdropping
Social engineering
Prevention
Personal awareness
Education
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18. Ownership Novel idea Useful Ideas are in public domain
Original, authentic, and new
Inventive and creative
Come from individual
Sources of substantial benefits to individuals and the public
Useful
Put into utilizable form - process or application.
Ideas are in public domain
Making them utilizable creates ownership
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19. Infringement Direct (full knowledge) Inducement Contributory
Using intellectual property rights without permission
There are three types of infringements:
Direct (full knowledge)
Inducement
Contributory
Copyrights infringement: difficult to prove
Infringer has knowledge or visual contact with the work.
Individual claiming to be the owner has a valid copyright.
Work under dispute is a major revision
Substantially new contents versus a variation
Patent and trademarks infringements: difficult to prove
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20. Infringement Trademark infringement:
Prove beyond doubt
Infringer’s action was likely to confuse the public.
Trade Secrets. Even more difficult.
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21. Protection of ownership rights
As owner/author of a creation, you’re protected by:
Copyrights
Patents
Trademark
Trade secrets
Burden of safeguarding intellectual property rights – owner
Methods vary
Spying
Using hired operatives
Inspection
Use of enforcement agencies
Use of government (big companies)
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22. First Sale Doctrine Copyright owner distribution rights
Transfer of ownership
Rental
Release
Fair Use Doctrine
Balance
Protection of inventor/creator & benefits to the community
Four ways to judge is fair use
The purpose of use, commercial or educational
Nature of use
Percentage of use
Effect on commercial value
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23. Protection of ownership rights…
Property Rights Laws based on types
Copyrights
Country dependent
Right to use, transform, sale, copy, and modify
Patents: country dependent
Trademarks: state and country dependent
Trade secrets
Country
States
Local authority
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24. Ethical Issues in the Digital Age
Piracy
Right of owner
Internet influence
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