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

Ethical and Social...J.M.KizzaEthical and Social...J.M.Kizza 11

Module 6: Intellectual Property Module 6: Intellectual Property Rights and Computer Rights and Computer

TechnologyTechnologyComputer Products and ServicesComputer Products and Services

Instruments of ProtectionInstruments of Protection

OwnershipOwnership

InfringementInfringement

Protection of Ownership RightsProtection of Ownership Rights

The Legal Protection of Computer The Legal Protection of Computer SoftwareSoftware


Computer products and Computer products and servicesservices

Computer productsComputer products– Have a tangible formHave a tangible form– Have intrinsic valueHave intrinsic value

Computer servicesComputer services– Have intrinsic valueHave intrinsic value– Have no tangible formHave no tangible form

Computer softwareComputer software– A set of logical instructions in four forms:A set of logical instructions in four forms:


Computer products and Computer products and services…services…

Logical mapLogical map

Source codeSource code

Object code Object code

Executable codeExecutable code

– Has two formsHas two formsProductProduct

ServiceService

– May not have a tangible formMay not have a tangible form


Computer products and Computer products and services…services…

Computer software categories:Computer software categories:– CANNED- off-the-shelf softwareCANNED- off-the-shelf software– Designer software – ordered by the customerDesigner software – ordered by the customer– Mixed – designer/cannedMixed – designer/canned

If it is canned – it is a productIf it is canned – it is a product

If it is designer ordered – it is a serviceIf it is designer ordered – it is a service

Otherwise a mixed case.Otherwise a mixed case.


Foundations of Intellectual Property Foundations of Intellectual Property RightsRights

Software is protected by:Software is protected by: (1) Copyrights(1) Copyrights – rights enforceable by law and – rights enforceable by law and

accorded to an artist, inventor/creator of an accorded to an artist, inventor/creator of an expression or creative works: literary, dramatic, expression or creative works: literary, dramatic, musical, pictorial, graphics, artistic, audiovisual, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording.architectural, or sound recording.– The protected works must have:The protected works must have:

Tangible form(expression)Tangible form(expression)Originality Originality Fixation in a mediumFixation in a medium


– Copyrights are now universally acceptedCopyrights are now universally accepted– International enforcement conventions International enforcement conventions

include:include:WIPO- world intellectual property organizationWIPO- world intellectual property organization

UNESCOUNESCO

UCC- universal copyright conventionUCC- universal copyright convention

WTO – World Trade OrganizationWTO – World Trade Organization

– Once a copyright expires the work goes in Once a copyright expires the work goes in public domainpublic domain


– Public works include:Public works include:Non-copyrightable items( ideas, facts, schedules, names, Non-copyrightable items( ideas, facts, schedules, names, etc..)etc..)

Copyrightable items whose copyrights have expiredCopyrightable items whose copyrights have expired

Copyrightable works put in public domain by the authorCopyrightable works put in public domain by the author

– Duration of copyrights:Duration of copyrights:Depends on countryDepends on country

In U.S.( before 1978, 75 years from date of issue, after In U.S.( before 1978, 75 years from date of issue, after 1978 lifetime of author plus 50 years)1978 lifetime of author plus 50 years)


(2) (2) Patents – protection of inventions and Patents – protection of inventions and discoveriesdiscoveries

– What is protected must be:What is protected must be:New and usefulNew and useful

Improvement of any of the following:Improvement of any of the following:– Process, manufacturing( products that are not machines), Process, manufacturing( products that are not machines),

machines(covering mechanism, mechanical products and machines(covering mechanism, mechanical products and composition)composition)

Utility, Novelty, nonobvious, there must be no Utility, Novelty, nonobvious, there must be no disclosure.disclosure.

– Protection duration in U.S. is 17 yearsProtection duration in U.S. is 17 years


(3) Trade Secrets (3) Trade Secrets – Information that gives a company a Information that gives a company a

competitive advantage over the otherscompetitive advantage over the others– No one specific definition of trade secretsNo one specific definition of trade secrets– It’s a collection of information in a static It’s a collection of information in a static

format with a strategic importanceformat with a strategic importance– Duration is infinite if no disclosureDuration is infinite if no disclosure


– The following characterize trade secrets:The following characterize trade secrets:Extent the information is known outside the Extent the information is known outside the businessbusiness

Extent of measures taken to protect the trade Extent of measures taken to protect the trade secretssecrets

Value of information to the ownerValue of information to the owner

Amount of money spent by owner to develop the Amount of money spent by owner to develop the informationinformation

Ease/difficulty of acquiring such informationEase/difficulty of acquiring such information


(4) Trademarks – product identifying labels(4) Trademarks – product identifying labels– Include:Include:

Service marksService marks

Certification marksCertification marks

Collective marksCollective marks

– Characteristic of trademarks include( see Characteristic of trademarks include( see page 138/139):page 138/139):

Arbitrary marks (say nothing but used for service) Arbitrary marks (say nothing but used for service)

Suggestive marks (symbols and writings)Suggestive marks (symbols and writings)

Descriptive marks ( intended purposes)Descriptive marks ( intended purposes)

General marks (unrelated and not suggestive)General marks (unrelated and not suggestive)

– Duration of trademarks in U.S. is 10 yearsDuration of trademarks in U.S. is 10 years


– Trademarks are registered in U.S. if they:Trademarks are registered in U.S. if they: Are in good taste for the publicAre in good taste for the public

Have no suggestive connotations to their origin Have no suggestive connotations to their origin

Are not symbols of any recognizable countryAre not symbols of any recognizable country

Do not use people’s likeness without permissionDo not use people’s likeness without permission


(5) Personal Identity(5) Personal Identity– Identity theft is a crime committed when one Identity theft is a crime committed when one

misrepresents oneself, with or without misrepresents oneself, with or without success, as another person in order to get success, as another person in order to get the victim’s information so that the perpetrator the victim’s information so that the perpetrator can receive goods and services in the fraud can receive goods and services in the fraud victim's name. victim's name.

– Identity theft is now one of the fastest Identity theft is now one of the fastest growing crime in US and a number of other growing crime in US and a number of other countries as well. countries as well.

– One goes through an agony trying to control, One goes through an agony trying to control, manage and recover from the damage manage and recover from the damage caused caused


Techniques to steal personal identity include the following [8]:Techniques to steal personal identity include the following [8]:– Advertising in newspapers and mostly on the Internet. The most Advertising in newspapers and mostly on the Internet. The most

common technique now, common technique now, pretext callingpretext calling, is where people , is where people misrepresent themselves as law enforcement agents, social workers, misrepresent themselves as law enforcement agents, social workers, and potential employers to obtain the private data of others from and potential employers to obtain the private data of others from banks and other financial institutions. banks and other financial institutions.

– From readily available how-to books and discussion groups From readily available how-to books and discussion groups perpetrators get foolproof methods of wangling financial information perpetrators get foolproof methods of wangling financial information out of bank employees.out of bank employees.

– Use of telemarketing scams to trick consumers into revealing Use of telemarketing scams to trick consumers into revealing personal data. personal data.

– Abundant authentic-looking fake IDs, including Social Security Abundant authentic-looking fake IDs, including Social Security cards, birth certificates and driver's licenses, are on sale online. cards, birth certificates and driver's licenses, are on sale online.

– Going through one’s trash for personal gold.Going through one’s trash for personal gold.– Using the post office to redirect one’s mail to a perpetrator’s box Using the post office to redirect one’s mail to a perpetrator’s box

number.number.– Criminals are increasingly using radio scanners to eavesdrop on Criminals are increasingly using radio scanners to eavesdrop on

personal calls. personal calls. Prevent Identity Theft through personal awareness ( see pg 141)Prevent Identity Theft through personal awareness ( see pg 141)


OwnershipOwnershipAn idea is novel if it is original, authentic, and An idea is novel if it is original, authentic, and new. Inventiveness, creativity, and discoveries new. Inventiveness, creativity, and discoveries are born out of individual ideas. Good ideas are are born out of individual ideas. Good ideas are the source of substantial benefits to individuals the source of substantial benefits to individuals and the public.and the public.

Before an idea can be useful, however, it must Before an idea can be useful, however, it must be put into utilizable form, either as a process or be put into utilizable form, either as a process or as an application.as an application.

Although ideas are in public domain – dressing Although ideas are in public domain – dressing up ideas to make them utilizable crates up ideas to make them utilizable crates ownership of the new form the idea has taken.ownership of the new form the idea has taken.


InfringementInfringement

Moving within protected domains of Moving within protected domains of intellectual property rights without intellectual property rights without permission from rightful ownerspermission from rightful owners

There are three types of infringements:There are three types of infringements:– Direct (full knowledge)Direct (full knowledge)– InducementInducement– ContributoryContributory


Types of infringementsTypes of infringements– Copyrights infringement: difficult to prove Copyrights infringement: difficult to prove

Here are some of the items that courts look for in Here are some of the items that courts look for in an infringement suit:an infringement suit:

– Whether the infringer has knowledge or visual contact Whether the infringer has knowledge or visual contact with the work.with the work.

– Whether the individual claiming to be the owner has a Whether the individual claiming to be the owner has a valid copyright.valid copyright.

– Whether the work under dispute is a major revision with Whether the work under dispute is a major revision with substantially new contents of the original or just a substantially new contents of the original or just a variation. variation.

– Patent and trademarks infringements are also Patent and trademarks infringements are also difficult to provedifficult to prove

Highly sophisticated methods of policing and Highly sophisticated methods of policing and investigative work need to be laid down and investigative work need to be laid down and followed followed


– Trademark infringement: Trademark infringement: To prove infringement of a trademark, one must To prove infringement of a trademark, one must prove beyond doubt that the infringer’s action was prove beyond doubt that the infringer’s action was likely to confuse the public. likely to confuse the public.

Because of this, it is very difficult to prove Because of this, it is very difficult to prove trademark infringement. trademark infringement.

– Trade Secrets. Even more difficult.Trade Secrets. Even more difficult.


Protection of ownership rightsProtection of ownership rights

As owner/author of a creation, you’re As owner/author of a creation, you’re protected by:protected by:– CopyrightsCopyrights– PatentsPatents– TrademarkTrademark– Trade secretsTrade secrets

The burden of safeguarding intellectual The burden of safeguarding intellectual property rights is with the individualproperty rights is with the individual


Protection of ownership rights…Protection of ownership rights…

Methods used vary from:Methods used vary from:– SpyingSpying– Using hired operativesUsing hired operatives– InspectionInspection– Use of enforcement agencies Use of enforcement agencies – Use of government (big companies)Use of government (big companies)

First Sale Doctrine – copyright owner’s right to First Sale Doctrine – copyright owner’s right to distribute one’s material through a lease or distribute one’s material through a lease or license.license.


The First Sale DoctrineThe First Sale DoctrineA copyright owner under the first sale doctrine A copyright owner under the first sale doctrine has the right to distribute copies of copyrighted has the right to distribute copies of copyrighted materials by means of sale, transfer of materials by means of sale, transfer of ownership, rental, release, or by any other ownership, rental, release, or by any other means. means. Fair Use Doctrine – a balance between the Fair Use Doctrine – a balance between the protection of inventor/creator and the benefits to protection of inventor/creator and the benefits to the community the community – There are four ways to judge whether the use of an There are four ways to judge whether the use of an

invention, discovery, or work is fair or not:invention, discovery, or work is fair or not:The purpose of use, commercial or educationalThe purpose of use, commercial or educationalNature of useNature of usePercentage of usePercentage of useThe effect of use on the commercial value of the invention, The effect of use on the commercial value of the invention, discovery, or works.discovery, or works.


Protection of ownership rights…Protection of ownership rights…

Under Property Rights Laws, different rights are Under Property Rights Laws, different rights are protectable as shown here:protectable as shown here:CopyrightsCopyrights: Copyright laws protect all rights embodied : Copyright laws protect all rights embodied within the copyrighted work by the copyright act of the within the copyrighted work by the copyright act of the particular country, including the right to use, transform, particular country, including the right to use, transform, sale, copy, and modify.sale, copy, and modify.PatentsPatents: Patent laws protect all rights embodied in the : Patent laws protect all rights embodied in the particular country’s patent law.particular country’s patent law.TrademarksTrademarks: Trademark laws protect all rights in the : Trademark laws protect all rights in the different trademark statutes depending on the state and different trademark statutes depending on the state and country.country.Trade secretsTrade secrets: Trade secret statues and laws protect all : Trade secret statues and laws protect all rights within the different states, local authority, and rights within the different states, local authority, and country’s statutes country’s statutes

Documents

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