Intellectual Property Rights and Computer Technology Chapter 6 Ethical and Social...J.M.Kizza 1.

Intellectual Property Rights and Computer TechnologyChapter 6

Ethical and Social...J.M.Kizza

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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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Computer Products and Services

Computer products Have a tangible form Have intrinsic value

Computer services Have intrinsic value Have no tangible form


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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


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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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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


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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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Public works include: Non-copyrightable items

Ideas, facts, schedules, names, etc..

Copyrightable items Copyrights have expired Copyrightable works put in public

domain by author


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Duration of copyrights: Depends on country U.S.

Prior 1978 75 years from date of issue

After 1978 lifetime of author plus 50 years


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Foundations of Intellectual Property RightsPatents

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 yearsEthical and Social...J.M.Kizza

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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



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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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

permissionEthical and Social...J.M.Kizza

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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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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 Internet


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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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Ownership

Novel idea 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

ownershipEthical and Social...J.M.Kizza

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Infringement

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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Infringement

Trademark infringement:

Prove beyond doubt

Infringer’s action was likely to confuse the public.

Trade Secrets. Even more difficult.


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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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First Sale Doctrine

Copyright owner distribution rights Sale 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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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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Ethical Issues in the Digital Age

Piracy Right of owner Internet influence


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Intellectual Property Rights and Computer Technology Chapter 6 Ethical and Social...J.M.Kizza 1.

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