Final Study Guide for Ethics

intellectual property

Describes works of the mind that are distinct owned or created by a single person or group

Copyright

the exclusive right to distribute, display, preform or reproduce an original work in copies to prepare derivative works based on the works.

Copyright infringement

A violation of the rights secured by the owner of a copyright , since 1960 the law has been altered 11 times

Eligibility Criteria

Work must be original and fall within one of the categories described in title 17 of the us code

Fair use doctrine

Allows portions of the copyrighted materials to be used without permission

Factors of the fair use doctrine

purpose and character of the use , nature of copyrighted work, the portion of the work used in the relation of the whole work , effect of the use of copyrighted work.

Prioritizing resources and organizations for intellectual property act of 2008

increased trademark and copyright enforcement and substantially increased penalties for infringement

General Agreement on Tariffs and trade

multilateral agreement governing international trade , Established the world trade organization , despite copyright protection varies greatly from country to country

Agreement on trade related aspects intellectual property rights

established minimum levels of protection that each government must provide to the intellectual property of WTO members

The world intellectual property organization copyright treaty (1996)

Encourages the use of intellectual property as means to stimulate the innovation and creativity, ensures computer programs are protected as literary works

WTO copyright protections

Authors of computer programs and producers of sound recording have the right to prohibit the commercial rental of their works to the public

WTO patent protections

Available for any invention wether a product or process, discrimination is not allowed based on the place of the invention

WTO trade secret protection

Trade secrets must be protected against breach of confidence and other acts that are contrary to honest commercial practices

Digital millennium Copyright act of 1998

implements the WIPO copyright treaty and the WIPO performances and phonograms treaty, the DCMA does not govern copying, it foccuess on the distribution of tools and software that can be used for copyright infringement, outlaws technologies that can defeat copyright protection devices but it does permit reverse engineering for encryption and security research.

patent

a grant of property right issued by the us paten and trade mark office to an inventor

What can not be patented

abstract ideas , laws of nature , natural phenomenon

Patent infringement

Unauthorized use of another paten, courts can reward up to 3 times the amount of damages claimed by the patent holder, went from first to invent to first to file system

Software Patent

Protects a feature, function, or process embodied in instructions executed on a computer

Cross Licensing Agreements

Each party agrees not to sue the other over patent infringements , small businesses have higher costs, and are generally unsuccessful at enforcing their patents

Trade Secret

Represents something of economic value, requires effort or cost to develop , has a degree of uniqueness or novelty , is generally unknown and kept confidential from the public.

Advantages of trade secrets over patents

no time limitation on the protection of trade secrets, no need to file an application, Make disclosures to any person or agency or disclosure a trade secret to outsiders to gain protection

Uniform Trade Secrets Act

Established uniformity across the states in the area of trade secret law.

Economic Espionage Act of 1996

Imposes penalties for theft of trade secrets

Defend trade secrets act of 2016

Amended to the EEA to create a federal civil remedy for trade secret misappropriation

Non disclosure clause

Part of an employment contract that prohibits employees from working with competition for a period of time

Reverse Engineering

The process of taking something apart in order to understand it , build a copy of it , or improve it,

Violates copyright and trade secret laws, courts ruled in favor of using reverse engineering to enable interoperability

Competitive Intelligence

Legally obtained information gathered to help a company gain an advantage over rivals

Lanham Act of 1946

Defines the use of a trademark and the process for obtaining a trade mark infringement

Normative fair use

A defense employed be the defendant in a trade mark infringement case, requires plaintiffs product or service can not be readily identifiable, plaintiff uses only as much of the plantiffs’s mark a necessary to identify the defendants product or service , defendant does nothing with the plantiffs mark that suggests enforcement or sponsorship

Cyber Squatter

An individual or company that registers domain names for famous trademarks or company names to which they have no connection

ICANNS uniform domain name dispute resolution policy

Designed to provide for fast relatively inexpensive arbitration of a trademark owners compliant that a domain name was registered or used in bad faith

High quality software systems

Easy to learn and use, preforms quickly meets users needs, and operates safely and reliably

Software Defect

Any error that if not removed could cause a software system to fail to meet its users needs

Software Quality

The degree to which a software product meets the needs of its users

Quality management

Defining , measuring, and refining the quality of products and development process

Deliverables

products of the development process

Business information systems

Set of interrelated components that collects and processes data and disseminated the output, collects and records business transactions

Decision Support system

Used to improve decision making

Product liability

the liability of manufacturers sellers, lessors and others for injuries caused by defective products

Strict liability

The defendant is held responsible for injury, regardless of negligence or intent

Legal Defenses used against strict liability

Doctrine of Supervening even , government contractor defense , exported statue of limitations

Negligence

Failure to do something or not do something reasonable person would do

Contributory of negligence

plaintiffs own actions contributes to their injuries

Warranty

Assues buyers or lesses that a product meets a certain standard of quality

Breach of Warranty

Buyer or lesses can sue the seller or lessor if the product fails to meet the terms of its warranty

Software Development Methodology

Standard proven work process that enables controlled progress while developing high-quality software, protects from legal liability and errors

Water fall system

A sequential multistage, system development process in which development of the next stage can not begin until the results of the current stage are approved ,

Agile Development

A methodology under which the system executes the system every 1-4 weeks , implement new ideas and stay updated on bugs

Qualtity Assurance

Methods which in the development process designed to guarantee relatable operation of a product , should be applied in every step, it is 100 times less to remove a bug before it is released

Dynamic Testing

entering test data and comparing the results with the expected results in a process

Black box testing

views the software unit as a device that has expected input and output behaviors but whose internal workings are unknown

White box testing

treats the software unit as a device that has expected input and output behaviors but whose internal workings are known

static testing

software testing technique in which software is testing without actually executing the code

Unit testing

individual components of the code are tested

integration testing

software units are combined into an integrated subsystem and testing to ensure the linkages among various subsystems work

System testing

Various Subsystems are combined to test the entire system

User Acceptance testing

trained end users conduct independent testing

CMMI models

collections of best practices that help organizations improve process

Safety critical system

A system whose failure may cause injury or death

System Safety Engineer

Has responsibility for systems safety uses a logging and minoring system to track hazards from a projects start to finish

Reliability

A measure of the rate of failure in a system that would render it un usable over its expected lifetime

Annulated rate of occurrence

An estimate of the probability that this event will over over the course of a year

Single loss expectancy

the estimated loss that would be incurred if the event happens

Annulated loss expectancy

the estimated loss from risk that would happen over a year

Risk management

the process of identifying, monitoring , and limiting risks to a level that a organization is willing to accept

Strategies for addressing a risk

Accptance , avoidance , mitigation, redundancy , and transference

ISO 9001 family of standards

A set of standards that serves as a guide to quality products , services , and management updated every 5 years

Failure mode and effect analysis

A technique used to develop ISO 9001 compliant systems, evaluates reliability and determines that effects of a systems and equipment failures

Failure mode

Describes how a product or process could fail to preform the function described by the customer

Gross Domestic product per capita

the most widely used measurement of the material stand of living of a country , represents the total annual output of a nations economy

Labor productivity

a measure of economic preformance that compares the amount of goods and services produced with the number labor hours used in producing these goods and services , real output per labor hour

Reduce the amount of input required to produce a given output by

Consolidating opperations to better leverage economic to scale , improving performance by becoming more efficient

AI

In interdisciplinary field in which experts ponder philosophical issues such as the nature of human mind and ethics of creating objects gifts with human like intelligence

AI systems

The people, procedures , hardware , software, data and knowledge needed to develop computer systems and machines that can stimulate human intelligence processes including learning and self concern

Machine Learning

A type of AI involving computer programs that can learn and improve their preformance either experience

Robotics

A branch of engineering involves the development and manufacture of mechanical or computer devices that preform tasks that require a high degree of precisions

Natural Language Processing

An aspect of artificial intelligence that involves technology that computers to understand, analyze , manipulate , and or generate natural languages

Health Care Spending

in 2025 health care spending accounts for 19.9% of the GDP

Causes of health care spending growth

the continued aging of the population, government policy, and life style changes

Gaining control in healthcare costs

raise patient awareness , manage technology costs

Electronic Medical Records

A collection of health related information on an individual that is created and consulted by the staff

Electronic Health Records

A comprehensive view of a patients complete medical history designed to be shared with multiple providers

Personal Health Records

Portions of the EHR routinely shared with the patient such as contact information , health provider information , medical history , and test results

Health information exahcnage

the process of sharing patient level electronic health information between different organizations

Health Information Technology for economic and clinical health act (2009)

Established a program to incentive physicians and hospitals to implement EHR systems increased medicaid and medicare reimbursements to doctors and hospitals that demonstrate “Meaningful use “ of EHR technologies

Clinical Decision Support

a process and set of tools designed to enhance health are related decision making through the use of clinical knowledge patient specific information

Computerized Provider Order entry

Enables Physicians to place and transmit orders electronically

Telehealth

Employs electronic information processing and telecommunications , supports long distance care, provides professional training

Telemedicine

Involves providing medical care to people at a location different from their health care providers

Store and forward telemedicine

Involves acquiring data, images, and video from a patient and transmitting everything to a medical specialist for later evaluation

Live telemedicine

Requires the presence of patients and healthcare providers at different sites at the same time

Remote Monitoring

Involves ongoing measurement of an individuals vital signs and other health measures and transmission of data to a health care provider

Social Network Marketing

the use of social networks to communicate and promote the benefits of products and services, 37% of people use social media to find goods and services

Advatnages of social media networking

Marketers can create an opportunity to generate a conversation with viewers of the messages can be targeted to a specific demographic

organic media marketing

Employs tools tailored for a particular social media platform to build a social community and interact with it

Viral Marketing

encourages users to pass along a message to others

Paid Media Marketing

Involves paying a third party to broadcast and organizations display ads or sponsored messages to social media users

Cost per thousand impressions

Billed at a flat rate per 1,000 impressions

Cost Per Click

Billed on per click basis no charge when ad is viewed but not clicked on

Earned Media

Refers to the media exposure on organization gets through press and social media mentions and positive online ratings