Binalatongan Community College

Brgy. Ilang San Carlos City, Pangasinan

Bachelor of Science in Information Technology (BSIT)

LEARNING MODULE

Module No. 2
Subject Code : IT 225
Subject Description : SOCIAL AND PROFESSIONAL ISSUES
Term : 2nd Semester 2023-2024

I. Learning Objectives:
- Determine how computing is changing who we are.
- Discuss computing and vulnerable groups.
- Discuss autonomous and pervasive technology..

Upon completion of this module, the students will be able to:

II. Learning Outcome:

- To introduce all about Privacy

- Identify knowledge and consent in the internet.
- To introduce the privacy enhancing and invasive tools/methods.
- Define memorandum of understanding and non-disclosure agreement.
- Differentiate mediation, litigation and arbitration.
- To introduce what JavaScript is
- Discuss issues in resolving dispute relating online transactions
- Identify the use of variable, data type in a function.
- Define some special topics like feminism, global warming, green computing and
right of employees

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III. Learning Resources:
- COMPUTER ETHICS
William John Brinkman / Alton F. Sanders

- BUSINESS ETHICS AND SOCIAL RESPONSIBILITY

Dr. Reynaldo A. Padilla
- Cloudflare.com/learning/dns/what-is-dns
- https://www.amrita.edu/course/social-and-professional-issues
- https://empire2.esc.edu/cdladmin/cdlcat.nsf/byid/
B1886C36BF8CB20985256CE6006CC56A?opendocument

IV. Tasks to Complete:

- Assignment
- Computer Activities
- Quizzes
- Final Examination

V. Content Items:
Intellectual property is a category of property that includes intangible creations of
the human intellect. There are many types of intellectual property, and some countries
recognize more than others. The most well-known types are copyrights, patents,
trademarks, and trade secrets. 
Intellectual property (IP) is a category of property that includes intangible creations
of the human intellect. There are many types of intellectual property, and some
countries recognize more than others. The most well-known types are copyrights,
patents, trademarks, and trade secrets.

When a business or an individual has an idea that they want to protect from being used
by others without their permission, it is best to seek legal protection of that intellectual
property.

By seeking property rights over your intellectual property — property that is a creation
of the mind, such as an invention, symbol, or even a name.

You establish rightful ownership and prevent the unlawful use of your property.

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What’s more, establishing intellectual property rights can help to fuel the economy and
stimulate further innovation.

Four Examples of Intellectual Property

As a business owner, you manage many assets on a daily basis, but you may be
overlooking an important one: intellectual property.

Your intellectual property includes the intangible assets you create for your business,
such as names, designs, and automated processes. And just like tangible possessions,
your intellectual property needs to be monitored and protected.

“A trade secret is a piece of confidential business information whose secrecy

gives you an advantage over your competitors.”
Here's a breakdown of four common examples of intellectual property and
tips on how you can protect these assets:

1. Trademarks
Trademarks are the names, phrases, and symbols that differentiate your brand from
others in your industry. They must be distinctive and used in commerce to sell or
promote a product or service.

Examples: Words, symbols, names, colors, or sounds that identify where your goods
and services come from.

How to protect them: Trademarks may be registered with the federal government or

your state government. Federally registered trademarks protect your rights throughout
the U.S., while state-registered trademarks protect your rights only within the state's
territory.

While you're not required to register a trademark with the United States Patent and
Trademark Office (USPTO) to protect your trademark nationally, having a registered
trademark can make it easier to challenge anyone who infringes on your trademark
rights.

Federal trademarks last as long as you use them with the public to promote your goods
or services. Trademark registration generally costs between $225 and $400 (not
including lawyers' fees).1 To see if your desired trademark is available, you can begin

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 searching the USPTO website or with a general internet search. A trademark lawyer can
help you do a more detailed search to determine the availability of your desired
trademark.

2. Copyrights
A copyright grants legal rights to anything you create that expresses or embodies an
idea. It gives you exclusive rights to copy, distribute, reproduce, display, and license the
work.

Examples:

 Software

 Architectural designs

 Graphic arts

 Video and sound recordings

 Books

 Databases

How you can protect them: Like trademarks, you have some rights to your original work
without registering the copyright at the U.S. Copyright Office. However, registering can
give you more leverage if you ever need to take an infringer to court. For instance, if an
employee writes an article or takes a photo within the scope of his employment, the
employer is the copyright owner automatically. However, an independent contractor
who writes an article or takes a photo will be the copyright owner of that asset (unless
he transfers the copyright through a written assignment agreement).

A copyright empowers you to profit from your creative assets. You can sell your
copyrighted assets and lease them in exchange for license fees and royalties.

A new copyright owned by an individual typically lasts 70 years after the death of the
copyright owner. A copyright owned by a corporation or other legal entity will last 95
years from the first date the work is used with the public. You can file to register a
copyright with the United States Copyright Office. The current online application fee for
basic registrations is $35 to $55.

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 3. Patents
Patents are granted for new, useful inventions, and they will give you the right to
prevent others from making, using, or selling your invention. 3

Examples:

 Utility patents: For tangible inventions, such as machines, devices, and composite

materials, as well as new and useful processes

 Design patents: For the ornamental designs on manufactured products

 Plant patents: For new varieties of plants

How you can protect them: Patent applications can be filed with the USPTO in the
United States, and internationally in the patent offices of the applicable country or
region. Utility and plant patents have a term of 20 years, while design patents have a
term of 15 years. They require a nonrefundable filing fee, along with issue, service, and
maintenance fees. This can add up to thousands of dollars, but some small
businesses qualify for discounts.

Before submitting your patent application, you can (but are not required to) use
the USPTO database to search existing patents and published patent applications to see
if your concept has comparatively novel features. A patent lawyer can also help you do
a more thorough search to determine the availability of patent protection for your
concept. The patent lawyer can also help you investigate whether any third parties have
patents that could prevent you from bringing your product or service to market. 

4. Trade secrets
A trade secret is a piece of confidential business information whose secrecy gives you
an advantage over your competitors.

Examples: Formulas, patterns, techniques, or processes that are not known or readily

attainable by others.

How you can protect them: Though trade secrets cannot be registered, they are
protected by staying secret. Ways to keep a trade secret under wraps include creating a
policy that explains who can access your trade secrets and how they're protected,
having new employees sign nondisclosure agreements before granting them access to
secrets, and keeping staff up-to-date on your policies with yearly training. You can take

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legal action against those who misappropriate your trade secrets, but you must be able
to prove the secret was obtained through illegal means.

Including intellectual property in your business plan. 

Intellectual property rights can help you establish your brand identity, profit off
your unique assets, and prevent others from using your creations.

When creating a business plan, it's important to consider which assets need to be

protected. Budget for the time and money you'll need to properly secure the rights to
your creations, and outline how you plan to protect your intellectual assets.

Licensing Issues

Anything that is not public domain has a copyright, possibly more than one. Under U.S.
federal law, the authors of a work hold copyright even if there is no copyright notice.

Who counts as an author under copyright law can be complicated, especially for
software that has been worked on by many hands. This is why licenses are important.
They can authorize uses of code in ways that would be otherwise impermissible under
copyright law and, drafted appropriately, can protect users from arbitrary actions by the
copyright holders.

In the proprietary software world, the license terms are designed to protect the
copyright. They're a way of granting a few rights to users while reserving as much legal
territory as possible for the owner (the copyright holder). The copyright holder is very
important, and the license logic so restrictive that the exact technicalities of the license
terms are usually unimportant.

As will be seen below, the copyright holder typically uses the copyright to protect the
license, which makes the code freely available under terms he intends to perpetuate
indefinitely. Otherwise, only a few rights are reserved and most choices pass to the
user. In particular, the copyright holder cannot change the terms on a copy you already
have. Therefore, in open-source software the copyright holder is almost irrelevant —
but the license terms are very important.

Normally the copyright holder of a project is the current project leader or sponsoring
organization. Transfer of the project to a new leader is often signaled by changing the
copyright holder. However, this is not a hard and fast rule; many open-source projects
have multiple copyright holders, and there is no instance on record of this leading to
legal problems. Some projects choose to assign copyright to the Free Software
Foundation, on the theory that it has an interest in defending open source and lawyers
available to do it.

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Why Software Licensing Is Important

By acquiring too many software licenses you're wasting company resources, without

enough you leave yourself liable to a potential lawsuit (which is quite costly). Finding
the right license agreement can also make it easier to manage software in your
company.

What are the different types of software licenses?

Here are five types of common software license models you should know about. Four
are examples of open source licenses (which allow you to reuse code to some extent),
and one disallows any reuse whatsoever.

Public domain. 

This is the most permissive type of software license. When software is in the public
domain, anyone can modify and use the software without any restrictions. But you
should always make sure it’s secure before adding it to your own codebase. Warning:
Code that doesn’t have an explicit license is NOT automatically in the public domain.
This includes code snippets you find on the internet.

Permissive.

 Permissive licenses are also known as “Apache style” or “BSD style.” They contain
minimal requirements about how the software can be modified or redistributed. This
type of software license is perhaps the most popular license used with free and open
source software. Aside from the Apache License and the BSD License, another common
variant is the MIT License.

LGPL. 

The GNU Lesser General Public License allows you to link to open source libraries in
your software. If you simply compile or link an LGPL-licensed library with your own
code, you can release your application under any license you want, even a proprietary
license. But if you modify the library or copy parts of it into your code, you’ll have to
release your application under similar terms as the LGPL.

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Copyleft. 

Copyleft licenses are also known as reciprocal licenses or restrictive licenses. The most
well-known example of a copyleft or reciprocal license is the GPL. These licenses allow
you to modify the licensed code and distribute new works based on it, as long as you
distribute any new works or adaptations under the same software license. For example,
a component’s license might say the work is free to use and distribute for personal use
only. So any derivative you create would also be limited to personal use only. (A
derivative is any new software you develop that contains the component.)

The catch here is that the users of your software would also have the right to modify
the code. Therefore, you’d have to make your own source code available. But of course,
exposing your source code may not be in your best interests.

Proprietary.

 Of all types of software licenses, this is the most restrictive. The idea behind it is that
all rights are reserved. It’s generally used for proprietary software where the work may
not be modified or redistributed.

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Data Privacy describes the practices which ensure that the data shared by customers is
only used for its intended purpose. In a world with ever-growing mountains of big data,
privacy is an increasing topic of scrutiny.

Information privacy is the right of individuals to have control over how their personal
information is collected and used. Many consider data privacy to be the most significant
consumer protection issue today. One factor which contributes to this is growing
technological sophistication, and the resulting types of data collected.

What is Data Privacy?

At the highest level, privacy is the right of a citizen to be left alone, or freedom from
interference or intrusion. Data privacy is the right of a citizen to have control over how
personal information is collected and used. Data protection is a subset of privacy. This
is because protecting user data and sensitive information is a first step to keeping user
data private.

US data privacy laws are regulated at the federal level. There are a growing number of
data privacy laws by state. One example is the California Consumer Privacy Act (CCPA).
A data privacy officer or compliance officer within each organization will ensure the
practices and programs that comply with these laws. Compliance requirements for data
privacy are getting more complex as different jurisdictions enact their data protection
laws.

Why is Data Privacy Important?

The ability to deliver and enforce a healthy company data privacy policy is growing in
importance as a measure of trust. Information privacy is becoming more complex by
the minute. The sophisticated nature of technological development means new kinds of
personal data are being collected from customers and citizens.

Jurisdictions including federal, states, and international bodies like the European Union
are enacting new data privacy regulations. New regulations get enacted thanks to
growing awareness among citizens and lawmakers who may not be data or technical
experts. High-profile data breaches have created heightened concern about how data
may be protected and kept private. Most regulators can exact hefty fines to enforce
their data privacy requirements. Consumer and regulator concern about protecting
sensitive data means jurisdictions are passing new data privacy acts and penalties to
enforce them.

What are the Benefits of Complying with Data Privacy Laws?

Healthy data privacy programs which protect data and personally identifiable
information have a number of benefits for organizations.

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First, the fines and penalties written into data privacy regulations can be quite steep.
For example, under the EU’s General Data Protection Regulation (GDPR), organizations
can be fined 4% of annual global revenue or 20 million euros. Beyond the potential
punitive costs, cost-savings are possible benefits of a program that addresses key data
privacy issues. Data protection regulations like GDPR require not only safeguarding user
data, but also responding and sharing data upon request. Clean, efficient processes for
the organization to meet these data governance obligations can reap substantial cost-
savings.

In January 2019, Cisco reported that two-thirds of companies say they are seeing sales
delays due to data privacy questions from their customers. Violations of data privacy
erode consumer, investor, and stakeholder trust in the organization. When a
stakeholder has doubts about the organization’s ability to prevent identity theft, they
may be unwilling to conduct business with that organization. Conversely, this awareness
makes people more likely to do business with organizations that understand their
obligations under consumer data privacy laws. An organization that demonstrates a
solid understanding of data privacy principles is often seen as a leader in their category.
Healthy data privacy programs are only possible with investment and support from the
leadership team. Smart corporate board directors will grasp the value of this approach.

Data Privacy vs Data Security?

Data privacy and data security are separate but related concepts. Both data security
and privacy relate to control of the user’s data. However they have distinct meanings.
Data security is the policies and procedures that apply to protecting sensitive data
stored within the company from malicious intruders. These policies help ensure data
confidentiality, integrity and availability.

Data privacy principles are the policies and procedures governing who may access the
data. This includes people within the organization or department that has been granted
access. Therefore, it’s possible to have a healthy security stance without addressing
data privacy basics. However, it’s not possible to ensure data privacy without a solid
security stance.

How Important is Data Privacy?

Data privacy is arguably one of the most important considerations in a company’s
compliance program. Some data protection regulations have enforcement fines
attached to them. Others have regulatory orders overseeing them for as many as 20
years. Guided by these laws and regulations, it behooves the organization to develop a
healthy program to protect sensitive data.

Organizations that implement a healthy data privacy program reduce the number of
security incidents that result in privacy breaches. Fewer breaches mean the business
does not lose trust. Guarding against this erosion of trust is important to prevent losing

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customers or other types of business. It also saves the business from fines, multi-year
penalties, or civil suits which often follow on significant breaches.

Besides an impact on the business, consider that data privacy issues can hurt the
individuals affected. Loss of personally identifiable information can negatively impact
individual users, customers or citizens. Cases have been reported of data subjects
dealing with breach and privacy problems for decades after data loss. Beyond the
punitive impacts enshrined in data protection regulations, an organization may be held
liable by the individual for these issues.

Forbes reported in 2014 that 46% of organizations suffered damage to their reputation
and brand value as a result of a privacy breach. The benefits of complying with data
privacy laws grow in clarity every day in a world where new jurisdictions are passing
their own data protection regulations.

Examples of Data Privacy Risks?

In order to secure a data privacy certification from one of the trusted audit
organizations, such as ISO, SOC II, or HIPAA compliance, an organization must show
they prevent data privacy risks. Some key examples of cloud data privacy challenges
can include:

1. Vulnerabilities in Web Applications

Any software hosted in the cloud or on the web should be fully vetted and
secure before deploying within an otherwise secure organization. Have a data
privacy compliance checklist to protect your program before installing
something new.

2. Insiders and Poorly-Trained Employees

Every member of your team should be fully trained and aware of the data
privacy basics for which they are responsible. Care given to crafting and
enforcing a corporate data privacy policy can ensure this is successful.

3. Lacking Breach Response

An important part of a data privacy compliance program is an incident response

plan. Make sure you have a clear plan in place, rehearsed, and that the command
line is ready to deploy this plan when any issues arise.

4. Inadequate Personal Data Disposal

Personal data should be kept only as long as the relationship with the
customer or employee (and related legal obligations) are in effect. Your

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 organization can incur significant fines under the EU’s General Data Protection
Regulation (GDPR) if this program does not perform this function.

5. Lack of Transparency in Privacy Policies, Terms and Conditions

Ensure every customer, vendor, user or investor can understand your privacy
policies, terms and conditions. Ensure they are clear on what they are
agreeing to, and on the obligations to which they are subscribing.

6. Collection of Unnecessary Data

Collecting data should always be done with a specific purpose for which
consent has been received. Most data protection laws and regulations
mandate an organization may not collect more data than is required for the
transaction. A data privacy consent form can help explain your company’s
policies and what the user is consenting to.

7. Personal Data Sharing

Be sure to inform all users before any personally identifiable information

leaves the database in your organization for which permission has been
granted.

8. Incorrect or Outdated Personal Data

Individuals have the right to rectify outdated or uncorrected personal data

under most data privacy laws and regulations. This is an important update in
data privacy protection. Ensure your organization has a specific policy and
actionable procedures in place to allow users to exercise this right.

9. Session Expiration Problems

When a data subject provides personal information to a web application,

session expiration can create risk. If a data subject abandons their session
and their data is exposed, the organization may be held liable for this cloud
data privacy breach.

10.Data transfer Over Insecure Channels

Always use secure channels and protocols (e.g. SFTP, TLS) to transmit
sensitive data. When data is exposed through insecure channels (e.g. FTP,
HTTP), incidents can occur.

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 11.Extra Credit: Dealing With the Unknown

Ensure your team, procedures, and command line are prepared for
unexpected contingencies. The big data privacy challenges of the modern
business landscape present new threats and compliance challenges on a
regular basis. A healthy program for data governance security and privacy can
adapt and adjust to keep your organization compliant and secure.

Information privacy, or data privacy (or data protection), is the relationship

between collection and dissemination of data, technology, the public expectation of
privacy, and the legal and political issues surrounding them.

Privacy concerns exist wherever personally identifiable information or other sensitive

information is collected and stored – in digital form or otherwise. Improper or non-
existent disclosure control can be the root cause for privacy issues. Data privacy issues
can arise in response to information from a wide range of sources, such as:

 Healthcare records
 Criminal justice investigations and proceedings
 Financial institutions and transactions
 Biological traits, such as genetic material
 Residence and geographic records
 Ethnicity
 Privacy breach
 Location-based service and geolocation
 The challenge in data privacy is to share data while protecting personally
identifiable information. The fields of data security and information security
design and utilize software, hardware and human resources to address this
issue. As the laws and regulations related to Data Protection are constantly
changing, it is important to keep abreast of any changes in the law and
continually reassess your compliance with data privacy and security regulations.
 Information types
 Various types of personal information often come under privacy concerns.
 Internet
 The ability to control the information one reveals about oneself over the Internet,
and who can access that information, has become a growing concern. These
concerns include whether email can be stored or read by third parties without
consent, or whether third parties can continue to track the web sites someone
has visited. Another concern is web sites which are visited collect, store, and
possibly share personally identifiable information about users.

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  The advent of various search engines and the use of data mining created a
capability for data about individuals to be collected and combined from a wide
variety of sources very easily. The FTC has provided a set of guidelines that
represent widely accepted concepts concerning fair information practices in an
electronic marketplace called the Fair Information Practice Principles.
 In order not to give away too much personal information, e-mails should be
encrypted and browsing of webpages as well as other online activities should be
done trace-less via anonymizers, or, in cases those are not trusted, by open
source distributed anonymizers, so-called mix nets, such as I2P – The Onion
Router or Tor.
 Email isn’t the only Internet use with concern of privacy. Everything is accessible
over the Internet nowadays. However a major issue with privacy relates back to
social networking. For example, there are millions of users on Facebook, and
regulations have changed. People may be tagged in photos or have valuable
information exposed about themselves either by choice or most of the time
unexpectedly by others. It is important to be cautious of what is being said over
the Internet and what information is being displayed as well as photos because
this all can searched across the web and used to access private databases
making it easy for anyone to quickly go online and profile a person.
 able television
 The ability to control what information one reveals about oneself over cable
television, and who can access that information. For example, third parties can
track IP TV programs someone has watched at any given time.

Medical

 A person may not wish for their medical records to be revealed to others. This
may be because they have concern that it might affect their insurance coverages
or employment. Or it may be because they would not wish for others to know
about medical or psychological conditions or treatments which would be
embarrassing. Revealing medical data could also reveal other details about one’s
personal life. Privacy Breach There are three major categories of medical privacy:
informational (the degree of control over personal information), physical (the
degree of physical inaccessibility to others), and psychological (the extent to
which the doctor respects patients’ cultural beliefs, inner thoughts, values,
feelings, and religious practices and allows them to make personal
decisions). Physicians and psychiatrists in many cultures and countries have
standards for doctor-patient relationships which include maintaining
confidentiality. In some cases, the physician-patient privilege is legally protected.
These practices are in place to protect the dignity of patients, and to ensure that
patients will feel free to reveal complete and accurate information required for
them to receive the correct treatment. The United States has laws governing
privacy of private health information, see HIPAA and the HITECH Act.

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Financial

 Information about a person’s financial transactions, including the amount of

assets, positions held in stocks or funds, outstanding debts, and purchases can
be sensitive. If criminals gain access to information such as a person’s accounts
or credit card numbers, that person could become the victim of fraud or identity
theft. Information about a person’s purchases can reveal a great deal about that
person’s history, such as places he/she has visited, whom he/she has contacted
with, products he/she has used, his/her activities and habits, or medications
he/she has used. In some cases corporations might wish to use this information
to target individuals with marketing customized towards those individual’s
personal preferences, something which that person may or may not approve.

Locational

As location tracking capabilities of mobile devices are increasing (Location-based

service), problems related to user privacy arise. Location data is indeed among the
most sensitive data currently being collected. A list of potentially sensitive professional
and personal information that could be inferred about an individual knowing only his
mobility trace was published recently by the Electronic Frontier Foundation. These
include the movements of a competitor sales force, attendance of a particular church or
an individual’s presence in a motel or at an abortion clinic. A recent MIT study by de
Montjoye et al. showed that 4 spatio-temporal points, approximate places and times,
are enough to uniquely identify 95% of 1.5M people in a mobility database. The study
further shows that these constraints hold even when the resolution of the dataset is
low. Therefore, even coarse or blurred datasets provide little anonymity.

Political

Political privacy has been a concern since voting systems emerged in ancient times. The
secret ballot is the simplest and most widespread measure to ensure that political views
are not known to anyone other than the voter him/herself—it is nearly universal in
modern democracy, and considered to be a basic right of citizenship. In fact even
where other rights of privacy do not exist, this type of privacy very often does.

Educational

In the United Kingdom, in 2012 the Education Secretary Michael Gove described the
National Pupil Database as a “rich dataset” whose value could be “maximized” by
making it more openly accessible, including to private companies. Kelly Fiveash of The
Register said that this could mean “a child’s school life including exam results,
attendance, teacher assessments and even characteristics” could be available, with
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third-party organizations being responsible for anonymizing any publications
themselves, rather than the data being anonymized by the government before being
handed over. An example of a data request that Gove indicated had been rejected in
the past, but might be possible under an improved version of privacy regulations, was
for “analysis on sexual exploitation.”

Legality

The legal protection of the right to privacy in general – and of data privacy in particular
– varies greatly around the world.

There is a significant challenge for organizations that hold sensitive data to achieve and
maintain compliance with so many regulations that have relevance to information
privacy.

Protecting Privacy on the Internet

On the Internet you almost always give away a lot of information about yourself:
Unencrypted e-mails can be read by the administrators of the e-mail server, if the
connection is not encrypted (no https), and also the Internet service provider and other
parties sniffing the traffic of that connection are able to know the contents.
Furthermore, the same applies to any kind of traffic generated on the Internet (web-
browsing,instant messaging, among others) In order not to give away too much
personal information, e-mails can be encrypted and browsing of webpages as well as
other online activities can be done traceless via anonymizers, or, in cases those are not
trusted, by open source distributed anonymizers, so called mix nets. Renowned open-
source mix nets are I2P – The Anonymous Network or tor.

Mediation vs. Arbitration: What’s the Difference?

The main difference between mediation and arbitration is the process used to solve
your conflict. Both options will help you solve a legal issue outside of the traditional
court process, but they use two different methods to get you from A to Z.

 Mediation: a non-binding process generally conducted with a single mediator

who does not judge the case but facilitates discussion and eventual resolution of
the dispute.
 Arbitration: typically a binding process that replaces the full trial process with
multiple (often three) chosen people to serve as judges in your case

Arbitration is generally conducted with a panel of multiple arbitrators who take on a

role like that of a judge, make decisions about evidence and give written opinions
(which can be binding or non-binding). Although arbitration is sometimes conducted
with one arbitrator, the most common procedure is for each side to select an arbitrator.

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Then, those two arbitrators select a third arbitrator, at which point the dispute is
presented to the three chosen arbitrators. Decisions are made by majority vote.

Arbitration and mediation are similar in that they are alternatives to traditional
litigation, and sometimes they are used in conjunction with litigation (opposing parties
may first try to negotiate, and if that fails, move forward to trial). Both arbitration and
mediation employ a neutral third party to oversee the process, and they both can be
binding. 

The Success of Mediation in Modern Litigation

Litigation is generally something people seek to avoid. It's expensive, time consuming,
emotionally draining and unpredictable –- until a judge or jury decides the case, you
can never be certain of the outcome. Because litigation is so inefficient for most of us,
alternative dispute resolution, such as arbitration and mediation, has become
increasingly popular. But before moving forward with possible alternative dispute
resolutions, you should first know the difference between arbitration and mediation.

Mediation has enjoyed increasing popularity as an important part of the litigation

process. For example, in Florida, almost all lawsuits are required to be mediated before
a court will allow them to be put on the trial calendar. The reasoning behind this
requirement, according to the Florida Senate, is because mediation has proven effective
in reducing court dockets and trials, and offers a more efficient, cost-effective option to
litigation.

Mediation enjoys such high success rates because the parties are brought together in
an environment where they can freely and confidentially present their position in front
of a neutral third party. Mediation attempts to limit the issues and put them into proper
perspective. Participants often feel much better after having an opportunity to get
things "off their chest," and also benefit from hearing the other party's point of view.
The neutrality and more relaxed atmosphere of mediation may eliminate the desire to
continue hostile litigation once both parties have seen all the issues in a fair light.

Mediation can be used for any kind of dispute; there is no need to wait until a dispute
results in a lawsuit and is sent to mediation by a judge. Pre-lawsuit mediation is
becoming more widely accepted as a sensible way of resolving disputes before they
turn into litigation. Besides being confidential and non-binding, mediation is relatively
quick and inexpensive compared to litigating a dispute.

Please note that while most certified mediators are attorneys, mediators will not give
legal advice during the mediation and are not supposed to make legal conclusions
about the merits of either party's position. When the parties come to an eventual
agreement, the parties themselves will put the agreement in writing and sign it so that
it then becomes a binding contract.

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Pre-Mediation Contracts

If you want to mediate a dispute, you and the opposing party should enter into a pre-
mediation contract.  This simple contract should include the following:

 The mediation should be confidential and non-binding.

 The parties should agree on who will conduct the mediation and how the
mediator will be paid. The cost of the mediator is typically split between the two
parties.
 The parties should agree on the length of the mediation. Most mediation is
scheduled for either a half-day or a full day.
 The parties should agree to mediate in good faith until either party reasonably
determines that it is fruitless to continue. If the parties cannot reach an
agreement, the mediation will result in what is known as an impasse.

Where Should You Begin?

If two or more parties have a dispute that they think may be appropriate for mediation,
they may contact an attorney to advise them on the benefits of mediation versus
litigation and to help them locate a mediator. If the parties like to mediate on their own
without the help of attorneys, then they should contact their state bar association who
will have a list of mediators to contact for an appointment. Alternatively, they can get in
touch with a mediation and/or arbitration organization.

Mediation is a less hostile, less confrontational format for resolving disputes, where
parties attempt to resolve their differences between themselves rather than relying on
an inefficient, expensive, and time-consuming judicial system. Before your litigation
advances, work with your attorney to determine if mediation is right for your case.

What comes first arbitration or mediation?

Some contracts state that the parties must “mediate” a dispute before “litigation” or
“arbitration.” Through mediation, the parties attempt to resolve their dispute with the
assistance of a mediator. The mediator is not a decision-maker. Rather,
the mediator assists the parties through facilitating a negotiation.

What is the difference between arbitration and mediation?

Mediation and arbitration have the same ultimate goal: to resolve the dispute and
capture the terms of that resolution in a signed agreement.

The major difference between the two is how that result is

achieved. That's arbitration vs mediation!

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Mediation

In mediation, there is a third party (the mediator) whose job is to encourage

discussion, keep it on track, ensure both parties get time to discuss their concerns,
and make suggestions for possible points of compromise. This person is there to
help facilitate, not to make decisions on your behalf.

A mediator is neutral, meaning they do not advocate for you or the other party, nor
will they try to push you in one direction or another; you maintain complete control
over what you agree and disagree to. A mediator will only advocate for the
resolution.

This neutrality makes it easier to find a mutually beneficial solution, rather than the
discussion leaning too heavily to one side.

Mediation is generally voluntary, always confidential, and can be used for  most non-
criminal issues. It can be used to help solve personal issues like divorce or custody,
or can be used in a business context for issues such as contract disputes.

Arbitration

Like mediation, arbitration makes use of a neutral third party, but instead of being
there to oversee negotiations, the arbitrator is there to act as a judge in a more
formal capacity.

Entering into arbitration typically means that both parties have agreed to operate
under a specific set of rules like those set by the American Arbitration Association,
or JAMS.

During arbitration, each side is given the opportunity to tell their story and submit
relevant documents. Once the arbitrator has had time to review the case, they will
decide who wins and who loses.

Similar to mediation, arbitration is generally voluntary and always confidential.

However, since arbitration is used for business-related disputes (employee, between
businesses, or consumer), the requirement for arbitration is often built into contracts
and enforced by the provider of the contract.

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 Why use arbitration?

Arbitration has many benefits over litigation. It can:

 Save time: Because arbitration is less formal than litigation, it usually takes less time.
You and the other party may also agree to time saving measures like forgoing exchange
of discovery in simple cases.
 Save money: Time equals money, and saving time means that you’re also bound to
save a pretty penny.
 Allow flexibility: Arbitration does not have the same strict rules you would be expected
to follow in litigation. For example, you may present evidence in arbitration that would
be considered inadmissible in court.
 Give you control:Unless otherwise specified in a contract, both parties have the power
to agree on a mediator, agree to time saving actions, and agree to the date and
location of the hearing.
 Protect privacy: Unlike litigation, arbitration is a confidential process. If there are
sensitive topics to discuss, trade secrets to maintain, or other topics you don’t want in
the public record, arbitration is a good option.
 Find a conclusion: In a binding arbitration, the decision is final, and except in certain
special circumstances, an appeal cannot be made. While this won’t feel ideal if you’re
on the losing side, it does mean that the issue cannot be drawn out and hold you
captive.

What is arbitration: what to expect?

 Put simply, arbitration is a private, abridged version of a trial with limited

procedural requirements and simplified rules of evidence.
 The arbitrator acts as a judge who will evaluate the evidence presented and
determine the outcome.
 If you find yourself facing arbitration, it is important to have a good
understanding of the process.

How Arbitration Works?

The process usually begins with one party, the claimant, sending a notice of
arbitration to the other party.

Then an arbitrator is chosen.

There are three ways an arbitrator is chosen for a given case:

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 1. The parties in dispute directly select an arbitrator.
2. An arbitrator from an arbitration panel (the American Arbitration Association,
JAMS, etc.) is appointed by the court based on a contract signed by the
disputants.
3. Each disputant will choose an arbitrator, and together, those arbitrators will
choose a third arbitrator to form a panel.

Once an arbitrator is selected, there is often a preliminary meeting to discuss the

dispute and timetable for the following steps.

At this point, the claimant will provide a summary of matters in dispute and outline
their proposed reward, and the respondent can provide a statement of response
which will admit or deny the claims. The respondent may also provide a counter
claim.

Once the official claims and responses have been made, there will be a period of
discovery and inspection. Parties are obligated to list the relevant documents in their
control and give the other party time to inspect them.

When the parties agree on the evidence to share, the documents are sent to the
arbitrator to review before the hearing.

During the hearing, both sides are given equal opportunity to present their case
(concerns, evidence, documents, witnesses, etc.).

The arbitrator will take time to review the evidence and deliver the decision.
Litigation is a process for handling disputes in the court system. Litigation is a
contested action, where someone else, such as a judge may make the final decisions
for the parties unless the parties settle before trial. Settlement can happen at any point
during the process.
Is Litigation the same as lawsuit?

“Litigation” is just another way of saying “lawsuit.” The parties involved in a lawsuit are
called litigants. A party to a lawsuit can be an individual person, a business, or an
“entity” like a homeowners' association or government agency. There's a difference
between civil litigation and criminal litigation.

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What Are the Different Types of Litigation Cases

Criminal Cases

Criminal cases involve the government prosecuting an individual for violating state or
federal laws or allegedly committing a crime. The case is presented before the court by
the prosecutor, a state’s attorney (District Attorney), or the United States Attorney for a
federal crime.

Civil cases

The civil litigation process begins when a person or entity files a dispute against another
person or entity, suing for compensation for damages caused. The judge or jury
listening to the case will then apply the appropriate law to the facts presented in court
by both parties. The plaintiff files a complaint in court seeking monetary compensation,
an injunction, or order as a result of an action by the defendant.

Types of civil cases include:

Personal Injury Tort Claims

One of the most common cases in civil litigation is personal injury claims. The plaintiff
asks for compensation for damage caused as a result of an action by the defendant.
The argument may be based on negligence, intentional wrongdoing, or strict liability.
Some of the claims filed include auto and motorcycle accidents, medical malpractice,
fraud, personal injury, animal attacks, and many more.

Contract Disputes

Breach of contract claims results from the failure of a person or entity to fulfill their
contractual obligations; thus, the plaintiff files a case in a civil court. The plaintiff asks
for compensation for the non-fulfillment of the contract signed. Some of the matters
handled include violation of business agreements and non-delivery of paid purchase.

Equitable Claims

The aggrieved party may ask the court to issue orders to an individual or entity to halt
an action or to take a specific action. Most cases involve plaintiffs seeking temporary
restraining or reprieve orders against the defendant.

Class Action Suits

A civil litigation lawyer represents a whole group or class of people filing for
compensation, against an organization, for the many injuries or damage caused to

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them. Class action suits are complex to litigate and may end in huge compensation
payouts. An example is a group of consumers suing a company for a faulty product or
equipment that caused injury to them.

Divorce and Family Law Disputes

Divorce, legal separation, and custody disputes fall under civil litigation. The court rules
on breaking the union, sharing of the marital assets, child custody, and support. From
the complex nature of the cases, it would be best to find civil litigation lawyers with a
firm grasp of family law.

Property Disputes

Property cases involve disagreements about property ownership and boundaries. The
court may offer more than monetary compensation, issuing out restriction orders
against the trespasser.
Civil litigation proceedings are usually complex, requiring the professional knowledge of
experienced lawyers to present the cases. If you need a civil litigation lawyer in
Rockwall, TX, you can contact the Law Firm of Patrick Short.

VI. ASSESSMENT:
ASSIGNMENT#1:

1. Differentiate Copyrights from Patents.

2. What is the importance of Intellectual Property in your business plan?

3. What are the advantages of software license?

4. Compare and contrast Data Privacy from Data Security?

5. Explain the following in your own words:

a. Vulnerable in web applications

b. Insiders and poorly-trained employees
c. Lacking breach response
d. Inadequate personal data discipline
e. Lack of transparency in Privacy Policies, Terms and Conditions.

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ASSIGNMENT#2:

1. Explain further your ideas about Data Privacy.

2. Explain further your ideas about Information Privacy.

3. How does Privacy of the following affects each individual

a. Medical
b. Financial
c. Locational
d. Political
e. Educational

4. Compare and contrast the following:

a. Mediation
b. Arbitration
c. Litigation

5. How arbitration works?

ACTIVITY#1:
Give an example of ITEMS, and identify the next three columns:

ITEMS COPYRIGHT TRADEMARK PATENT

1.

2.

3.

4.

5.

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ACTIVITY#2:

Cartoon Analysis
1. What do you see in the cartoon?  Make a list of the significant things in the
cartoon.  How are the characters dressed?
2. What are the characters saying to each other?
3. What is happening in the cartoon?  What is copyright infringement?
ACTIVITY#3:

The Origin of Patent Power In 1787, at the Constitutional Convention in

Philadelphia, the founders adopted the following language without debate.   
“The Congress shall have power…To promote the Progress of useful Arts, by securing
for limited Times to…and Inventors the exclusive right to their … discoveries.”  United
States Constitution, Article I, Section 8, Clause 8 Questions for discussion
1. What part of the U.S. Constitution is this?
2. Why is this section important?  How does it fit with the study of intellectual property?
3. What does this section tell us about what the people who wrote the Constitution
thought about inventors?
4. What are the three most important things to remember about this section?

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QUIZ#1:
Instructions:
People who work in the area of intellectual property use lots of interesting vocabulary
words. Wrap your mind around some of that vocabulary so that you can be ready for
the next class. Use the vocabulary words below to fill in the blanks in these definitions.
Vocabulary words:
©   Fair use Service mark  
® Federal law Trade name   
Copyright Goodwill  Trade secret (undisclosed information)

Counterfeit Intellectual property Trademark

Cybersquatting  Patent
Derivative work Patent pending
Design patent Piracy 
Domain name  Plagiarism
IDENTIFICATION:
1. A _____________________ is a form of intellectual property that protects the
expression of ideas. To be protected, the expression of the idea needs to be original
and be expressed in a form that allows another person to perceive the expression either
alone or with the help of a machine. Books, movies, newspaper articles, music, web
pages, and paintings are all examples of items that may be protected.
2. The term _____________________ refers to a new work that is based on a pre-
existing work to which enough original creative work has been added so that the new
work represents an original work of authorship. It must be different enough from the
original to be considered a new work.
3. When someone registers a domain name in bad faith because they want to sell that
domain name to its true owner, that individual is “_____________________."
These people register domain names containing famous trademarks (like Coca-Cola or
Pepsi) and then try to sell the domain names to the rightful owners of the mark (such
as The Coca-Cola Company or PepsiCo) for a profit.
4. A _____________________ is an imitation or fake product that is normally made to
look like a real product. Counterfeits are made without the authority of the true owner
of the intellectual property rights in the products. Common counterfeit products include

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clothing, watches, DVDs, foods, and pharmaceuticals, but virtually any type of product
can be counterfeited.
5. _____________________ is a concept under copyright law that allows someone to
use a copyrighted work, or part of work, without permission from the owner of the
work. News reporting, research, and teaching are normally considered fair uses.
6. _____________________ is a symbol used in the United States to give notice that a
work is protected by copyright. This symbol is normally followed by the name of the
owner of the copyright and the year of publication. You do not need to own a copyright
registration to use this symbol. Anyone who is the owner of the copyrights in an original
copyrightable work can use it.
7. A _____________________ is a word, name, symbol, sound, color(s), or device that
identifies the goods of one manufacturer or source and distinguishes them from the
goods of someone else. Famous trademarks include Coca-Cola and Pepsi for soda
products. _____________________can be registered and renewed indefinitely provided
they are used in commerce.
8. A _____________________ is a word, name, symbol, sound, color(s), or device that
identifies the services of one service provider and distinguishes them from the services
of someone else.
9. Otherwise known as a "commercial name", a _____________________is a name
used to identify a person's or entity's business or occupation. They are mostly used for
identification purposes for things like taxes, licenses, and contracts. They symbolize the
reputation of a business as a whole, unlike trademarks and service marks which
symbolize the reputation of the source for the quality of goods and services.
10. A _____________________otherwise known as an internet website address, is a
series of alphanumeric strings separated by periods, such as washingtonpost.com, that
identifies one or more addresses for computer network connections on the Internet.
11. _____________________ refers to the reputation, prestige and renown of a
business and is considered a key ingredient in the success of a business. It is not
tangible like a business' building or fleet of trucks, but is often just as valuable, or more
valuable, than such tangible assets.
12. _____________________ is a symbol used in the United States and in other parts
of the world to give notice that a mark is a registered trademark. In the United States,
this symbol indicates that an individual/company has registered the trademark or
service mark with the United States Patent and Trademark Office. If you do not own an
active trademark or service mark registration, you cannot use this symbol in connection
with your mark.

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 13. A _____________________ gives the person who owns it the right to stop other
people from making, using, or selling the invention (like a new drug). They are obtained
by filing a patent application in the U.S. Patent Office, which examines the application.
The U.S. Patent Office grants one of these if the invention is new, useful, and non-
obvious. If it is granted, it is valid for up to 20 years from the day the patent application
was filed.
14. A _____________________gives the person who owns it the right to stop other
people from making, using, or selling articles that copy the appearance of an article that
is shown in the design patent (like the decorations on a sneaker, or the shape of an
iPod® brand digital music player). These patents are obtained by filing an application in
the U.S. Patent Office, which examines the application. The U.S. Patent Office will grant
the patent if the design is new, original, and ornamental. If it is granted, it is valid for
14 years after the day the patent is granted.
15. _____________________is a warning applied to articles to let everyone know that
an application for a patent or design patent to protect some aspect of the article has
been filed in the U.S. Patent Office, but the application has not yet been approved.
Anyone who copies the article should be careful because a patent could cover the
article, and any person who copies the article might infringe the patent if one is issued.
16. A _____________________is a formula, process, device, or other business
information that has commercial value and is kept confidential to maintain an
advantage over competitors.
17. _____________________refers to copying of another person’s idea or work and
claiming it as your own.
18. _____________________ is the act of producing copies of items designed to mimic
legitimate products for distribution without permission from the owner of the intellectual
property rights in the authentic products.
19. _____________________is the body of law created by the Congress of the United
States to apply nationally to all matters of interstate commerce and the rights of the
people under the Constitution of the United States. This body of law pre-empts all other
laws that are in conflict.
20. _____________________refers to creations of the mind: inventions, literary and
artistic works, confidential information, and symbols, names, images, and designs used
in commerce.

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QUIZ#2:
1. A dispute resolution method where a mediator assists parties to exchange ideas,
information or possible alternatives.

a. Mediation
b. Conciliation
c. Arbitration
d. Facilitation

2. An informal dispute resolution method where the two parties discuss the issues
before a conciliator who will assist the parties to reach an agreement.

a. Mediation
b. Arbitration
c. Conciliation
d. Judicial determination

3. A hearing or trial held before a judicial officer in order to settle a dispute

between two or more parties.

a. Mediation
b. Facilitation
c. Arbitration
d. Judicial Determination

4. A dispute resolution method where both parties present their case before an
independent arbitrator who will make a final and binding decision.

a. Arbitration
b. Conciliation
c. Judicial Determination
d. Mediation

5. What are the principles of justice?

a. Justice, Fairness, Equality

b. Access, Right to Silence, Justice
c. Fairness, Equality, Access
d. Fairness, Right to Silence, Access

6. What is the role of the mediator?

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 a. Offer a solution to the parties involved in the mediation
b. Act as an impartial third party facilitating discussion without taking a
side
c. Investigate the issue being discussed
d. To pronounce the verdict of the jury

7. The outcome of mediation is legally binding.

a. True
b. False

8. A conciliator can suggest solutions to the problem being disputed.

a. True
b. False

9. The outcome of conciliation is not legally binding.

a. True
b. False

10.The outcome of arbitration is...

a. Decided by the parties and is not legally binding

b. Decided by the parties and is legally binding
c. Decided by the arbitrator and is not legally binding
d. Decided by the arbitrator and is legally binding

11.Which of the following are benefits of arbitration?

a. Usually faster than a court case

b. The outcome is legally binding
c. Allows for win-win scenarios for the parties
d. Provides a cooperative solution

12.– 13. Which of the following are disadvantages of mediation?

a. A solution may not be reached

b. Only allows for win/lose scenarios
c. Can be expensive due to significant fees
d. Decision is not legally binding

14. In ... an arbitrator or arbitration tribunal decides on the outcome of the case.

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 a. litigation
b. mediation
c. arbitration
d. negotiation

15.In ... , an independent third party helps the disputing parties to reach a
settlement.

a. litigation
b. mediation
c. arbitration
d. negotiation

Prepared by: Recommending Approval:

PROF. WILLIE S. OPERAÑA, MBA PROF. BRIXON J. DE VERA, MIT

Instructor II Dean, College of Information Technology

Approved by:

DR. MACRINA B. CAJALA

College President

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