Chapter 6 Ethical and SocialJMKizza 1 Intellectual Property Rights and Computer Technology Computer Products and Services Instruments of Protection Ownership Infringement Protection of Ownership Rights ID: 743166
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Intellectual Property Rights and Computer Technology
Chapter 6
Ethical and Social...J.M.Kizza
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Intellectual Property Rights and Computer Technology
Computer Products and Services
Instruments of ProtectionOwnershipInfringementProtection of Ownership RightsThe Legal Protection of Computer Software
Ethical and Social...J.M.Kizza
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Computer Products and Services
Computer products
Have a tangible formHave intrinsic valueComputer servicesHave intrinsic valueHave no tangible form
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Computer products and services…
Computer software
A set of logical instructions in four forms:Logical mapSource codeObject code Executable codeHas two formsProductServiceMay not have a tangible form
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Computer Products and Services…
Computer software categories:
CANNED- off-the-shelf softwareDesigner software – ordered by the customerMixed – designer/cannedIf it is canned – it is a productIf it is designer ordered – it is a serviceOtherwise a mixed case.
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Foundations of Intellectual Property Rights
Software is protected by
Copyrights Rights enforceable by lawAccorded to an artist, inventor/creatorShould be an expression or creative worksLiterary, dramatic, musical, pictorial, graphics, artistic, audiovisual, architectural, or sound recording.The protected works must have:Tangible formOriginality Fixation in a medium
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Foundations of Intellectual Property Rights
Copyrights are now universally accepted
International enforcement conventions include:WIPO- world intellectual property organizationUNESCOUCC- universal copyright conventionWTO – World Trade OrganizationOnce a copyright expires the work goes in public domain
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Foundations of Intellectual Property Rights
Public works include:
Non-copyrightable itemsIdeas, facts, schedules, names, etc..Copyrightable itemsCopyrights have expiredCopyrightable works put in public domain by author
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Foundations of Intellectual Property Rights
Duration of copyrights:
Depends on countryU.S.Prior 197875 years from date of issueAfter 1978 lifetime of author plus 50 years
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Foundations of Intellectual Property Rights
Patents
Protection of inventions and discoveriesRequirementsNew and usefulImprovement of any of the following:ProcessManufacturing ( products that are not machines)Machines (covering mechanism, mechanical products & composition)UtilityNoveltyNonobviousNo disclosure.Protection duration in U.S. is 17 years
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Foundations of Intellectual Property Rights
Trade Secrets
Information gives company competitive advantage No one specific definition of trade secretsCollection of informationStatic formatStrategic importance
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Foundations of Intellectual Property Rights
Trade SecretsDuration is infinite if no disclosure
The following characterize trade secretsExtent the information is known outside the businessExtent of measures taken to protect the trade secretsValue of information to the ownerAmount of money spent by owner to develop the informationEase/difficulty of acquiring such informationEthical and Social...J.M.Kizza12Slide13
Foundations of Intellectual Property Rights
Trademarks – product identifying labels
Include:Service marksCertification marksCollective marksCharacteristic of trademarks includeArbitrary 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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Foundations of Intellectual Property Rights
Trademarks are registered in U.S. if they:
Are in good taste for the publicHave no suggestive connotations to their origin Are not symbols of any recognizable countryDo not use people’s likeness without permission
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Foundations of Intellectual Property Rights
Personal Identity
Identity theft is a crime committedA person misrepresents oneselfIntentGet the victim’s informationPerpetrator can get goods & services in the victim's name. One of the fastest growing crime
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Foundations of Intellectual Property Rights
Identity theft techniques
Advertising NewspapersInternetMost common technique - pretext calling,People misrepresent themselvesLaw enforcement agentsSocial workersPotential employersGoal - obtain the private dataSources of directionsHow-to books
Discussion groups
Internet
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Foundations of Intellectual Property Rights
Techniques steal personal identity include
TelemarketingFake IdentificationsDumpster divingGoing through trashPost office to redirect mailEavesdroppingSocial engineering PreventionPersonal awarenessEducation
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Ownership
Novel idea
Original, authentic, and new Inventive and creativeCome from individualSources of substantial benefits to individuals and the public UsefulPut into utilizable form - process or application.Ideas are in public domainMaking them utilizable creates ownership
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Infringement
Using intellectual property rights without permission
There are three types of infringements:Direct (full knowledge)InducementContributoryCopyrights 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 revisionSubstantially 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:
CopyrightsPatentsTrademarkTrade secretsBurden of safeguarding intellectual property rights – ownerMethods varySpyingUsing hired operativesInspectionUse of enforcement agencies Use of government (big companies)
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First Sale Doctrine
Copyright owner distribution rights
SaleTransfer of ownershipRentalRelease Fair Use DoctrineBalanceProtection of inventor/creator & benefits to the community Four ways to judge is fair useThe purpose of use, commercial or educationalNature of usePercentage of useEffect on commercial value
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Protection of ownership rights…
Property Rights Laws based on types
CopyrightsCountry dependentRight to use, transform, sale, copy, and modifyPatents: country dependentTrademarks: state and country dependentTrade secretsCountryStatesLocal authority
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Ethical Issues in the Digital Age
PiracyRight of owner
Internet influence
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