Crisis in Software Patents and Copyrights Essay -- Intellectual Proper

Crisis in Software Patents and Copyrights Introduction Gaining the knowledge and skills to provide computer technology products, services and software requires a significant amount investment of both time and money. The individuals who do such a work should receive financial rewards for their efforts. These rewards create an atmosphere of creativity and competitiveness that becomes a driving force of the economy of the world. The products of this creativity must therefore be protected and we call it intellectual property. Simply, intellectual property is a product of human intellect that has a commercial value. There are three major mechanisms that US law offers to protect software intellectual properties. These are trade secrets, copyrights and patents. Trade secrets have broad applicability to various subjects that can range from microprocessors to sorting algorithms. Trade secrets are valuable because they are separate from patents and copyrights, and even can be available when copyright or patent rights are not. The basic premises of trade secrets are satisfied when knowledge is kept in secret and not commonly known. Copyrights protect all types of original creative expressions that are produced by programmers. Copyright law does not protect the ideas and concepts underlying an expressive work. It only protects the literal form that the expressive work takes. Patent law gives the inventor of a new and non-obvious invention the exclusive right to use that invention for a limited term. Patent protection offers the broadest protection for technological industry. A software patent protects against unauthorized use or sale of software that is defined as an invention. In order to obtain a patent, the inventor is ... ...pers haunted by Patent madness† 5 The British philosopher who developed a duty-based ethical (deontological) theory 6 Arnold W.Bragg. Software Patents 7 National Research Council. The Digital Dilemma. References: Deborah G.Johnson and Helen Nissenbaum. Computers Ethical & Social Values Prentice-Hall, NJ, 1995 Kallman & Grillo. Ethical Decision Making and Information Technology, Mitchell McGraw-Hill, CA, 1993 National Research Council. The Digital Dilemma, National Academy Press, DC, 2000 Richard W.Severson. The principle of Information Ethics, M.E.Sharpe,Inc, 1997 IEEE Software. Karl Dakin, What if there is no software piracy? January 1997 IEEE Software. Gregory Ahoronian. Does the Patent Office respect the software community? July/August. 1999 IEEE IT Professional. Arnold W.Bragg. Software Patents. July/August 2001