Intellectual Property Rights

1
and Computer Technology
Chapter 6

Ethical and Social...J.M.Kizza

2 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

Ethical and Social...J.M.Kizza

3 Computer Products and Services

 Computer products
 Have a tangible form
 Have intrinsic value
 Computer services
 Have intrinsic value
 Have no tangible form

Ethical and Social...J.M.Kizza

4 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

Ethical and Social...J.M.Kizza

5 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.

Ethical and Social...J.M.Kizza

6 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

Ethical and Social...J.M.Kizza

7 Foundations of Intellectual Property Rights

 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

Ethical and Social...J.M.Kizza

8 Foundations of Intellectual Property Rights

 Public works include:

 Non-copyrightable items
 Ideas, facts, schedules, names, etc..
 Copyrightable items
 Copyrights have expired
 Copyrightable works put in public domain by
author

Ethical and Social...J.M.Kizza

9 Foundations of Intellectual Property Rights

 Duration of copyrights:
 Depends on country
 U.S.
 Prior 1978
 75 years from date of issue
 After 1978
 lifetime of author plus 50 years

Ethical and Social...J.M.Kizza

 Foundations of Intellectual Property Rights
10

 Patents
 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 years
Ethical and Social...J.M.Kizza
11 Foundations of Intellectual Property Rights

 Trade Secrets
 Information gives company competitive
advantage
 No one specific definition of trade secrets
 Collection of information
 Static format
 Strategic importance

Ethical and Social...J.M.Kizza

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

Ethical and Social...J.M.Kizza

13 Foundations of Intellectual Property Rights

 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

Ethical and Social...J.M.Kizza

14 Foundations of Intellectual Property Rights

 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
permission
Ethical and Social...J.M.Kizza
15 Foundations of Intellectual Property Rights

 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

Ethical and Social...J.M.Kizza

16 Foundations of Intellectual Property Rights

 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

Ethical and Social...J.M.Kizza

17 Foundations of Intellectual Property Rights

 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

Ethical and Social...J.M.Kizza

18 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 ownership

Ethical and Social...J.M.Kizza

19 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

Ethical and Social...J.M.Kizza

20 Infringement

 Trademark infringement:
 Prove beyond doubt
 Infringer’s action was likely to confuse the public.
 Trade Secrets. Even more difficult.

Ethical and Social...J.M.Kizza

21 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)
Ethical and Social...J.M.Kizza
22 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

Ethical and Social...J.M.Kizza

23 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

Ethical and Social...J.M.Kizza

24 Ethical Issues in the Digital Age

 Piracy
 Right of owner
 Internet influence

Ethical and Social...J.M.Kizza