Objectives
1. Understand the principle of intellectual property in the software development.
2. Aware on the limitations of an employee concerning intellectual property.
3. Gain knowledge on the nature of digital reliability and failure.
4. Define software and hardware representation and risk communication.
5. Conceptualize about the advancement of software technology and the complexity in computer system.
6. Explain the reasons for consistency in the development of a complex system.
7. Explain the purpose of “goofing off”.
• Software developers need a solid understanding of their rights to
Develop and protect a brand;
Ensure exclusive ownership of their creations; and
Keep their work confidential to create and maintain an advantage in this competitive market.
Maximizing Efficiency and Profitability with OnePlan’s Professional Service A...
IP Rights and Responsibilities in IT
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A. Objectives
1. Understand the principle of intellectual property in the software development.
2. Aware on the limitations of an employee concerning intellectual property.
3. Gain knowledge on the nature of digital reliability and failure.
4. Define software and hardware representation and risk communication.
5. Conceptualize about the advancement of software technology and the complexity in
computer system.
6. Explain the reasons for consistency in the development of a complex system.
7. Explain the purpose of “goofing off”.
B. Development of Software: Who owns the intellectual property (IP)?
Intellectual property is an umbrella term for various types of rights individuals or
businesses can have in their:
Names;
Creative Works; and
Inventions.
Department of Information Technology
Software developers need a solid understanding of their rights to
Develop and protect a brand;
Ensure exclusive ownership of their creations; and
Keep their work confidential to create and maintain an advantage in this
competitive market.
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Patents - Software
A patent entitles an Inventor to
exclude others from making,
using or selling the claimed
invention for a period of 20
years.
To obtain a patent, your software
or algorithm must have a very
high level of originality and you
must disclose the “recipe” for your invention to the public.
A Software Developer can get a patent on software inventions much
like a Mechanical Engineer can get a patent on a new machine or
device.
Copyrights - Software
A copyright gives the Owner the
exclusive right to make copies of the
work, distribute copies of the work to
the public, and create derivative works
based on the software.
Copyright protection also lasts much longer than patent
protection. However, you must keep in mind that to invoke these
protections, your must file for and receive a copyright registration.
The key difference between a patent and a copyright is that while a
patent can protect you from people who try to imitate your
software.
Software copyrights have a narrower scope and will only protect
you if someone copies actual executable or source code or graphics
from your software.
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Trademarking the Software & Company Name
A trademark is any word, name, symbol, or
device used to indicate the
source of goods or
services.
Trademarks can be used to
protect your company
name or product name, domain names, images,
symbols, logos, slogans, colors, product designs and product
packaging.
C. Reasonable Limitations On IP Ownership by An Employee
Patents
A couple applicable exceptions (limitation) to this general rule under the
common law:
Registering your trademark will help you prevent others from
using your mark in a way that might confuse customers or damage
your business reputation.
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Employer – Specified Inventions – Inventions made by employees at
the employer’s request and expense, and which are considered the
property of employer.
Shop Right Rule – An employer is not entitled to ownership of the
invention but retains a nonexclusive right, akin to a license, to make
use of the invention.
Copyrights
A form of protection provided by the laws to the Authors of original works
of authorship, including literary, dramatic, musical, artistic, and certain other
intellectual works.
The Author of a work owns the copyright unless:
There is a written agreement assigning the copyright to someone else
or the work was “made for hire.” A “work made for hire”.
D. The Nature of Digital Reliability and Failure
Information and communication technology (ICT) by its nature is to generate
information.
Normally accrues when the employee made use of employer
resources or property in making or perfecting the invention, and
the scope of the shop right will be a fact-dependent on the extent
of the employer’s resource contribution.
Employers can avoid these defaults by requiring employees to
sign preinvention assignment agreements require the employee
to assign their patent rights to the employer.
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Information generated by ICT is either informative or non-informative.
Anchored with employer and employee’s rights depends on the proper
management of the information.
Workplace monitoring can be beneficial for an organization to obtain
productivity and efficiency from its employees (Bezek, Britton, 2001).
While computers are often essential work tools, giving employees open,
unmonitored, computer access causes productivity and efficiency to suffer.
There has to be a balance between protecting the company’s information
assets without going overboard to the point where employees feel alienated.
Education and communication are the best tools to attain this balance.
Educate workers to let them know what monitoring is, what it will monitor,
and convey the message that this monitoring is not due to lack of trust, but
is being used to protect the company.
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E. Software and Hardware Representation and Risk Communication – Who is
responsible?
Providing appropriate software
and hardware utilization in the workplace
contribute advantages to both employee and
employer.
Inappropriate utilization of
software and hardware could compromise
productivity of an employee and employer or
the company as a whole.
The responsibility lies on both, the employee and the employer. There should be
proper and appropriate communication and usage of its technologies suited to the
workplace and field of expertise in the productivity in the assigned task to its
employees.
F. From Medical Software to “Star Wars” and The Complexity of Computer Systems
The implementation of software
technology advancement in the field
of medical areas is vital on its
utilization in generating and
providing reliable information to its
patience and the credibility of the
medical institution as a whole.
Workers in the medical areas are
responsible in providing accurate
and informative information based
on specific findings through complete analysis.
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Continuous training to both medical workers and owners are encourage for better
implementation, utilization and in providing of informative information anchored
with the complexity of its system technology.
G. Origins of the Computer Professionals for Social Responsibility: What is reasonable
reliability in complex system
Complicated system’s
developers should have
narrow and complete
knowledge in the
development process.
Obtaining consistency in
generating accurate
information, designing
centralize information, accessing rapid information and capable in updating new
information is very much vital.
Address end-users with the proper and complete training for better accessibility
and usability in providing informative information.
H. Goofing Off: Who owns the “Easter eggs”? and Why are they tolerated?
Company owners provide “goofing
off” in the purpose of strengthening
camaraderie in the workplace and
escaping from exhausted working
environment through excursion
activity.
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Goofing off has been shown to improve work or study in the right environments,
and can relieve stress.
I. References
1. http://www.cems.uwe.ac.uk/~pchatter/2011/pepi/The_Handbook_of_Information_an
d_Computer_Ethics.pdf
2. http://shop.bcs.org/resources/pdf/9781780171807.pdf