© UMIST, 2002 CT218 Professional Issues 1# CT218 Professional Issues Lectures 10 + 11 Computer Misuse Act Intellectual Property

© UMIST, 2002 CT218 Professional Issues 1#

CT218 Professional IssuesLectures 10 + 11

Computer Misuse ActIntellectual Property

© UMIST, 2002 Professional Issues / Lecture 3

Computer Misuse Act 1990 S 1 – Basic OffenceObtain unauthorised access to computer

material (includes “browsing” or “probing”) Aimed at “benign hacker” Even if hacker is not aiming at-

particular programs or data programs or data of a particular kind programs or data held in any particular computer

Penalty: up to 6 months in jail or £5000 fine


Section 2 - Hacking with intent to commit a serious crime

Obtain unauthorised access to computer material with intent to commit or facilitate the commission of a serious crime

Applies even if- further offence does not involve use of a computer further offence is not in fact committed further offence is not possible (e.g. victim dead)

Penalty: up to 5 years in jail under the CMA(plus further penalty for the further offence itself e.g. blackmail, death or injury, etc.)


S. 3 - Unauthorised modification of computer material Covers:

Wiping out data Circulating “infected” material (e.g. virus) Unauthorised addition of virus or worm to a

computer “library” of programs (to use up the computer capacity)

Unauthorised addition of password to a data file (to make it inaccessible to people who don’t know the password)

Unlawful activities may also constitute an offence under other legislation, e.g. forgery, theft, etc.


Intellectual Property

From the Reading List Bott, F. et al Professional Issues in

Software Engineering 3rd Ed., Taylor and Francis, Chapter 6


Legal mechanisms Trade Secrecy Patents Copyright Trade Mark Registered Design Domain Name protection


Trade secrecy Must

have novelty represent economic investment by

claimant have involved development effort have been subject of considerable effort

to protect secrecy Mechanisms

non-disclosure clauses in contracts of employment; licence agreements


Trade secrecy limitations Can’t enforce employee confidentiality

to extent of preventing re-use of ideas Similarly, licensing agreements can’t

prevent users from exploiting experience with proprietary software to build ‘a better mousetrap’.

Strong protection allows owner to keep out of public realm, but once exploited, this is lost.


Patents

Read Definition in handouts A grant of the right to exclude others

from making, using or selling one’s invention;

includes right to licence others to make, use or sell it

a legitimate monopoly lasts 20 years (UK)


Patents in Employer/Employee relationship Patentable inventions by employees

belong to the employee unless Developed in the normal course of

employee’s duties Or in specifically assigned duties And the development of the invention

could be anticipated as likely to arise from the work

Or employee is a senior manager


Patent principles Purpose is the advancement of the

useful arts and sciences not simply the right of inventors to reap

rewards - a means not an end Foster inventions Promote disclosure of inventions Assure ideas in public domain remain

free improve economy and employment


Patent claims Must fall within the category of

permissible subject matter: “a process, machine, manufacture or

composition of matter or … an improvement thereof.”

Must satisfy three tests: utility novelty non-obviousness


Varieties of software licence:Commercial end user Single copy licence

restricted to one machine sometimes eased to one machine at work and one

at home or a portable special terms for categories of user, e.g.

student Multiple-copy licence Network licence

up to N images in simultaneous use Site/Department/Enterprise licence


Approaches Developer’s licence Shareware Free for non-commercial use Freeware GNU Public licence

Details in notes >>>


Copyright works Original literary, dramatic, musical and

artistic works Sec 3 of 1988 Act defines literary work to

include a table or compilation, a computer program, preparatory design material for a computer program and certain databases

Sound recordings, films, broadcasts and cable programmes

The typographical arrangement of published editions


The exclusive rights of the copyright holder [“the six acts”]

Copy the work Including making copies which are transient

or incidental to some other use of the work Issue copies to the public Rent or lend the work to the public Perform, play or show the work in public Broadcast the work or include it in a

cable programme service Make an adaptation of the work or do

any of the above with an adaptation


Infringement of Copyright: Primary Infringement Anyone who does any of the six acts is

liable for primary infringement even if unaware the work protected by

copyright Infringes the civil rights of the copyright

owner Not regulated by criminal law


Secondary Infringement Sections 22 to 26

or 1988 Act Must know or

have reason to believe actions infringe copyright

Breaches civil rights, and may amount to a criminal offence

import, possess an infringing

copy in the course of a business,

sell, let for hire, distribute so as to

prejudice owner; make, import, sell, hire,

possess equipment for copying;

transmit or broadcast


Permitted Acts Fair dealing

private study/research; criticism or review; reporting current events

Not fair dealing to convert a low level program to a higher level language

Backup copies Max of one copy allowed. None if

supplied on non-volatile medium


Permitted Acts Cont’d Transfers of works (Sec 56)

If A sells copy to B, must retain no copies

Decompilation for the purpose of interoperability permitted if this is the only way to

obtain information necessary to enable interoperability - not if owner publishes API


Permitted Acts Cont’d Error correction

if necessary to its lawful use provided this is not prohibited by any

contract term Databases

a lawful user may download if necessary to access the contents or part of contents

Doing anything in relation to a database for commercial research is not fair dealing


Remedies for Breach of Copyright Search and seizure, injunctions,

damages (only if aware), action for profits made

If copying is flagrant, court may award additional damages

Copyright owner has a right to enter premises without force to seize and confiscate copyright material and copying equipment


Databases To be covered by copyright (1988), had to

be original, representing author’s intellectual effort. Would not apply to an alphabetical listing. Considered unfair to owners of directories.

EU Directive 96/6EC and Copyright and Rights in Databases Regulations 1997 If .. “substantial investment in obtaining,

verifying or presenting the contents of the database,” a 15 year copyright-like protection is granted.


Case: antiquesportfolio.comUnauthorised use of images by web designer

UK court backed website owner who refused to pay designers’ fees (and sued them for damages) because the designers had used pictures in breach of a third party copyright

Court said that their was an implied duty of care on the part of the designers not to include works that were knowingly copied

See: “Information required in a Web Development Agreement” and “Web Development Deals” from out-law.com


Who Is the Copyright Owner? The author (person who creates the work) The author’s employer (if the author is

employee) Not necessary for there to be an IPR clause in

the contract of employment Copyright ownership will belong to the employer

UNLESS a contract clause specifies otherwise Independent consultants own copyright

unless the client insists on specifying otherwise in the contract

[Compare with Patents in Employer/Employee relationship (15)]


Licensing and Assignment Copyright owner granting licence does not

give up ownership licences may be exclusive or non-exclusive need not be in writing

Assignment transfers ownership not necessarily for whole duration of copyright

period can be transferred in a will – must be in writing transferred to trustees on bankruptcy can extend to future works - cf Elton John,

Gilbert O’Sullivan and George Michael


Designs Engineering drawing is an artistic work

pre-1988, making the object of the drawing was an act of copying subject to copyright

new Unregistered Design Right lasts 15 years design of any aspect of shape or configuration

(int/external) of whole or part of article original, not commonplace in the design field in

question at time of creation, not method of construction, not related to interconnection


Registered Designs Registered Designs Act 1949 Applies to products that are

aesthetically pleasing Could apply to keyboards and VDUs Must be registered Lasts 25 years Can register nationally or in EU


Trade Marks Trade Marks Act 1994

protection starts from date of registration

enables trade marks to be searched Common law tort of ‘passing off’

protection only after trading and acquiring goodwill


Registered Trade Marks Any sign rendered graphically which

serves to distinguish goods or services from one undertaking words, designs, letters, numerals, shape of

goods or their packaging must have distinctive character, or acquire

it through use cannot consist exclusively of indications of

kind, size, place of origin, time of production


Domain Name System Top level Domain Names

Originally intended for specific categories of US websites but not always strictly enforced

.com (commercial) - freely available .org (non profit organisation) - freely available .net (Internet gateway or ISP) - freely available .gov restricted to US Government websites

Country Code (.uk / .au / .fr etc.) Multi level: e.g. UK (.co.uk / .org.uk / .ac.uk / .gov.uk) Single level: e.g. Switzerland (.ch) Dual level: e.g. France (abcdef.fr or abcdef.nom.fr)


Domain Names (3) Some countries restrict the use of

their domain names France - Use of .fr domain names is restricted (for rules, see http://www.nic.fr/) UK restricts the use of some sub-domains

.gov.uk for Government websites .ac.uk for University websites BUT .co.uk / .org.uk / .net.uk are available to

all (including foreign companies and individuals with no links with the UK)


Domain NamesCybersquatting on name and reputation

of established undertaking infringes of trade marks or = passing off Even doing so for the purpose of selling to

the trademark owner is forbidden by UK law Difficulty arises over enforcement because

Internet is global 1998, US asked WIPO to recommend to

ICANN that they take account of pre-existing trademarks and provide dispute procedure

For update on latest legal developments, see www.out-law.com


ReminderExamination Paper will be 100% multiple choice questions

Lecture of 30/4/02 will include time for revision for exam.

Lecture of 2/5/02 is cancelled to give you time to prepare for the exam.

Course notes and additional material is on your I: Drive

My Email: [email protected]

Thank you for attending this course and good luck!

Documents

© UMIST, 2002 CT218 Professional Issues 1# CT218 Professional Issues Lectures 10 + 11 Computer Misuse Act Intellectual Property