Upload
donald-norris
View
217
Download
5
Embed Size (px)
Citation preview
CS 501: Software EngineeringFall 1999
Lecture 19Management II
Business and legal aspects of software engineering.
2
Administration
Assignment 5
Assignment 6
Schedule your presentation with Rosemary Adessa
Invite your client(s) to the presentation
3
Legal Environment
Software is developed in a complex legal and economic framework. Changes in laws follow changes in technical world.
Jurisdictions:
United States Constitution International treaties Federal and state statues Precedents Supreme Court Cost of establishing precedent
4
Legal Topics
International
Intellectual property (copyright, patent, contract)
Tort (e.g., liability of Internet service provider)
Privacy
Free speech and its limitations (government secrets, obscenity, blasphemy, hate)
Legal Information Institute: http://www.law.cornell.edu/
5
Copyright
A copyright gives the owner the exclusive right to:
reproduce
distribute
perform
display
license
Gradually extended to cover text, music, photographs, designs, software, ...
6
Copyright
Copyright at creation
Works for hire
Contracts and licenses
First sale
Fair use
Infringement (contamination)
International differences
Moral rights
Copyright registration
7
Software Patents
Should be: non-obvious, novel, useful
17 years from award (20 years from application)
Poor quality of examining can lead to broad patents for routine computing concepts
International differences
Copyright applies to the expression of ideas, patents to the ideas themselves.
8
Contracts and Licences
Contracts allow intellectual property to be sold or licensed
Promise in exchange for adequate consideration
Written document with signature
Permanent or temporary, whole or part
Exclusive or non-exclusive
Termination, problems and difficulties
Terms and conditions as agreed
Enforceable by courts
9
Derivative Works
When software is derived from other software:
New code is owned by new developer
Conditions that apply to old code apply to derived work
If you write S, which is derived from A, B, C and D, you can not distribute or licenses S unless you have right to distribute each of A, B, C and D.
To create a software product, you must have documented rights to use every component.
10
Privacy
Invasions of privacy:
intrusion
appropriation of name or likeness
unreasonable publicity
false light
Be very careful about collecting personal data without the knowledge of the individual
11
Software Business Questions
You are employed for company X writing software. When you leave, who owns your work? What use can you make of the work?
You work free-lance for company X. When you finish, who owns your work? What use can you make of the work?
You are a student on CS 502. What you finish what use can you make of your project work? What use can Cornell make of it?
Read the contract!
12
Your Next Job ...
Employment contract may restrict your next job (not working for competitors, etc.)
Trade-secret information (non-disclosure agreement)
Ask when you are interviewed!
13
Some Business Models
Software developed in-house
Package licensed to customer, binary only (Microsoft model)
Package licensed to customer, source code for customer's modifications
Bespoke software for customer (may be owned by supplier or customer)
Software bundled with hardware product (PalmPilot)
14
Community Development
Shareware
Open source (e.g., Linux, Apache, Perl, etc.)
-> Shared development
-> Market penetration
Example: TCP/IP for Vax/VMS
Software may be open source, but packaging and services can be profitable businesses
15
Open Source
Free redistribution
Source code
Derived works
Integrity of the author's source code
No discrimination against persons or groups
16
Open Source
No discrimination against fields of endeavor
Distribution of license
License must not be specific to a product
License must not contaminate other software
http://www.opensource.org/osd.html
17
Practical Advice
Be aware of the law, but do not pretend to be a lawyer. Use a professional for:
Contracts and licenses
Troubles (complaints, injunctions, subpoenas, etc.)
Personnel issues
When in doubt, ask help!
18
Reading
Before next class, read Sommerville Chapter 28,
"Managing People", pages 567 to 588