Case Study
Case Study
property, including copyrights, patents, trade secrets, trademarks, and plant variety protection,
together with any associated or supporting technology or know-how. For the purpose of this
Policy, Intellectual Property also includes tangible research property such as research tools,
prototypes, and records used or produced in the course of University research projects
(Alfino, 1996).
2.0 Type of Intellectual Properties
According to Macrina (1995), there are four basic types of intellectual property, usually
categorized on the basis of the laws governing their use and protection:
Copyrights: A copyright protects the tangible expression of an idea, not the idea itself
(e.g., a book, a research article, or a videotape).
Patents: A patent protects the idea and gives the creator the right to exclude others
from using the idea (e.g., a patent may be awarded to anyone who invents a new
machine or a new way of manufacturing something, etc.). In order to receive the
patent, the creator must disclose in detail how to make his invention work and its use.
Trade Secrets: A trade secret refers to information that is not publicly known, that
produces economic benefit to the owner, and that the owner maintains as secret.
Richard Stallman who started the Free Software Foundation, believe that software
ownership should not be allowed at all. He claims that all information should be free, and
all programs should be available for copying, studying and modifying by anyone who
wishes to do so. Others argue that software companies or programmers would not invest
weeks and months of work and significant funds in the development of software if they
could not get the investment back in the form of license fees or sales (Johnson, 1985).
Today's software industry is a multibillion dollar part of the economy; and software
companies claim to lose billions of dollars per year through illegal copying (software
piracy). Many people think that software should be ownable, but casual copying of
personally owned programs for one's friends should also be permitted (see (Nissenbaum,
1995). The software industry claims that millions of dollars in sales are lost because of
such copying.
Gotterbarn and Miller (2014) states that ownership is a complex matter, since there are
several different aspects of software that can be owned and three different types of
ownership: copyrights, trade secrets, and patents. One can own the following aspects of a
program:
1. The source code which is written by the programmer(s) in a high-level computer
language like Java or C++.
2. The object code, which is a machine-language translation of the source code.
3. The look and feel of a program, which is the way the program appears on the screen
and interfaces with users.
Researchers, who
o are well equipped to carry out theoretical and experimental research in the realm
of software engineering technologies, programming or design paradigms, or
software engineering methods.
5.0 Conclusion
The view of patents and the ethical aspect related to copyright are still open to debate
and different interpretation among countries since no one has the solution. Despite the
creation of international organization, the fragmentation on the way patents are issued and
enforced is still large among countries. Regardless of all these difficulties, intellectual
property is becoming a more and more strategic tool available to companies to do business in
different part of the world. It is not a distant possibility that some country will try to protect
its own industries by creating internal standards in security and other technological areas
trying to promote innovation and creation of IPs.
trademark, free software projects, all believe to make the world a better place.
6.0 References
Alfino, M. (1996). Intellectual Property and Copyright Ethics," Business and Professional
Ethics Journal, 85, 278-293.
Gotterbarn, D. and K. Miller (2004), Computer Ethics in the Undergraduate Curriculum:
Case Studies and the Joint Software Engineer's Code, Journal of Computing Sciences in
Colleges, 20(2), 156-167.
Johnson, D. (1985), Computer Ethics. 3rd Edition , 201-204: Prentice-Hall
Macrina, F.L. Scientific Integrity. (1995). An Introductory Text with Cases: American Society
for Microbiology Press
Nissenbaum, H. (1995), Should I Copy My Neighbor's Software? .Computers, Ethics, and
Social Responsibility. 3rd Edition.195-200: Prentice Hall.
Rensik.,
A.
(2014).
Software
Technology.
Retrieved
March
29,
2015.
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