Ch5 Intellectual PropertyIntellectual PropertyThe ConflictProtection for SoftwareTrade SecretsTrade Secrets (cont.)PatentsCopyrightSlide 9Slide 10Slide 11Slide 12Don’t worry about Mickey!Happy BirthdayTo Obtain a CopyrightCopyright and Software (prior to 1985)Reverse Engineering“Similar” Software ProductsLook and Feel – 2 SidesLook and Feel AvoidanceArchival Copy4 Factors / Determining Fair Use4 Factors / Determining Fair Use (cont.)Examples of Software PiracyIndustry Organizations8/26/01 CSC309 Miller 1Ch5 Intellectual PropertyIntellectual Property8/26/01 CSC309 Miller 22Intellectual PropertyThe Congress shall have the Power To The Congress shall have the Power To … promote the Progress of Science … promote the Progress of Science and useful Arts, by securing for limited and useful Arts, by securing for limited Times to Authors and Inventors the Times to Authors and Inventors the exclusive Right to their respective exclusive Right to their respective Writings and Discoveries …Writings and Discoveries … U.S. Constitution, Article I, Section 8U.S. Constitution, Article I, Section 88/26/01 CSC309 Miller 33The Conflict In a free market, two opposing desires In a free market, two opposing desires stay in conflict:stay in conflict:Desire for competition in an open Desire for competition in an open market and desire to prevent market and desire to prevent monopolies.monopolies.Recognition that someone is entitled Recognition that someone is entitled to benefit from/own his own creation to benefit from/own his own creation and, therefore, to monopolize it.and, therefore, to monopolize it.8/26/01 CSC309 Miller 44Protection for SoftwareProgramming is clearly a creative act, much Programming is clearly a creative act, much as a novel or song, but often it has a tool-like as a novel or song, but often it has a tool-like quality, similar to technical inventions.quality, similar to technical inventions.Three different ways “under the law” that Three different ways “under the law” that software can be protected:software can be protected:Trade Secret.Trade Secret.Copyright.Copyright.Patent.Patent.8/26/01 CSC309 Miller 55Trade SecretsProtection provided by state law.Protection provided by state law.Must be info used in a business, not generally Must be info used in a business, not generally known in the business, used in secret, and known in the business, used in secret, and which provides a competitive advantage.which provides a competitive advantage.Holder of trade secret must keep list of all Holder of trade secret must keep list of all people to whom the secret has been divulged.people to whom the secret has been divulged.Courts generally expect signed contracts with Courts generally expect signed contracts with employers and contractors to prove that the employers and contractors to prove that the holder has treated it as secret and made holder has treated it as secret and made reasonable efforts to keep it secret.reasonable efforts to keep it secret.8/26/01 CSC309 Miller 66Trade Secrets (cont.)Note: Only employees and contractors are Note: Only employees and contractors are prohibited from revealing the secret.prohibited from revealing the secret.Ineffective protection for software which is Ineffective protection for software which is sold in the open market.sold in the open market.Easy to duplicate the idea of a program.Easy to duplicate the idea of a program.Reverse engineering can be used to reveal Reverse engineering can be used to reveal the underlying principles of design.the underlying principles of design.8/26/01 CSC309 Miller 77PatentsHighest level of protection for a process or product.Highest level of protection for a process or product.Patent holder has exclusive right to exclude others Patent holder has exclusive right to exclude others from making, using, or selling the invention.from making, using, or selling the invention.Not a practical choice for software.Not a practical choice for software.Waiting time in software cases is usually 2 to 5 Waiting time in software cases is usually 2 to 5 years.years.Cost several thousand dollars.Cost several thousand dollars.Seldom awarded for software. (Usually awarded to Seldom awarded for software. (Usually awarded to software integral to a patented piece of equipment.)software integral to a patented piece of equipment.)Patents call for full disclosure.Patents call for full disclosure.10/6/08 CSC309 Miller 88CopyrightProtects only the form of the expression, not Protects only the form of the expression, not the idea. We can’t copyright “Country Music” the idea. We can’t copyright “Country Music” only individual country music songs.only individual country music songs.Software can contain innovative ideas on Software can contain innovative ideas on processing; thus, copyright sometimes is not processing; thus, copyright sometimes is not strong enough.strong enough.10/17/08 CSC309 Miller 9Copyright(1790) The first U.S. copyright law protected books, maps, and charts for 14 years.(1909) Copyright Act defined an unauthorized copy as being in a form that could be seen and read visually.Software was officially added to the list of items covered Software was officially added to the list of items covered in a 1980 amendment to the Copyright Act of 1976. in a 1980 amendment to the Copyright Act of 1976. Protection set at life of author + 50 years and 75 years Protection set at life of author + 50 years and 75 years for corporate authorship. (Protection for Mickey Mouse)for corporate authorship. (Protection for Mickey Mouse)10/26/08 CSC309 Miller 10Copyright(1982) High volume copying of records and movies becomes a felony.(1992) Copying of software for “commercial advantage or private gain” becomes a felony.(1997) No Electronic Theft Act drops the (1997) No Electronic Theft Act drops the “commercial advantage or private gain” clause because until then if you just gave it away no law was broken.10/17/08 CSC309 Miller 11Copyright(1998) Copyright Term Extension Act (CTEA) (Sonny Bono Copyright Act, or Mickey Mouse Protection Act) extended copyright terms in the by 20 years. Before the Act (under the Copyright Act 1976), copyright would last for the life of the author plus 50 years, or 75 years for a work of corporate authorship; the Act extended these terms to life of the author plus 70 years and for works of