Intellectual Property and Software Development

Intellectual Property Overview

• Intellectual Property (IP) refers to works created by the mind that are distinct and owned by individuals or groups.

Types of Intellectual Property

• Copyright Law: Protects authored works.
• Patent Laws: Protect inventions.
• Trade Secret Laws: Safeguard critical information for an organization.

Copyrights

• Copyrights grant creators rights to:
  • Distribute and display their works.
  • Perform and reproduce works.
  • Prepare derivative works.
• Types of works that can be copyrighted:
  • Architecture
  • Art
  • Audiovisual works
  • Choreography
  • Drama
  • Graphics
  • Literature
  • Music
  • Pictures
  • Sculptures
  • Sound recordings
• Originality Requirement: Works must be original, which can be challenging to define.
• Fair Use Doctrine: Factors for evaluating use of copyrighted material include:
  • Purpose and character of the use
  • Nature of the copyrighted work
  • Portion used in relation to the whole work
  • Effect on the market value of the work
• Copyright Infringement: Involves the unauthorized copying of significant parts of copyrighted works. Worldwide sales of counterfeit goods raise infringement issues.
• Copyright protection for computer software exists. To prove infringement, there must be a substantial resemblance to the original work.

World Intellectual Property Organization (WIPO)

• A UN agency that advocates for the interests of IP owners.
• Digital Millennium Copyright Act (DMCA): Introduced new provisions to WIPO, governing the distribution of tools used for copyright infringement and imposing penalties.

Patents

• Patents are grants of property rights to inventors, allowing them to exclude others from making, using, or selling their inventions.
• To obtain a patent, an applicant must file with the United States Patents and Trademark Office (USPTO), which searches prior art (existing knowledge).
• Inventions must meet four criteria:
  1. Fit into one of five statutory classes.
  2. Be useful.
  3. Be novel.
  4. Not be obvious to someone skilled in the field.

Non-Patentable Items

• Abstract ideas
• Laws of nature
• Natural phenomena

Patent Infringement

• Involves unauthorized use of a patent with no cap on monetary penalties.
• Software Patents: Cover features and processes in software and require a patent search prior to obtaining a patent.

Concepts Related to Patents

• Cross-Licensing Agreements: Large companies may agree not to sue each other regarding patent infringements.
• Defensive Publishing: Companies can publish an innovative idea to establish its legal existence without filing for a patent.
• Trademark Protection: Secures brand identity through distinctive marks.

Trade Secrets

• Trade secrets are business-critical information kept confidential and of economic value. They include:
  • Items that require development effort.
  • Information not generally known to the public.
• Protection measures include nondisclosure clauses and noncompete agreements for employees.

Key Intellectual Property Issues

• Issues touching on IP and technology include:
  • Plagiarism
  • Reverse engineering
  • Open source code
  • Competitive intelligence
  • Cybersquatting

Plagiarism

• Defined as presenting someone else's ideas or words as one’s own, commonly misunderstood.

Reverse Engineering

• Involves deconstructing a product to understand or replicate it, relevant for hardware and software development.

Cybersquatting

• Involves registering domain names based on existing trademarks in hopes of selling them back to the trademark owner for profit. To combat this, businesses should register various domain extensions.

Software Development Overview

• Quality software is vital in fields such as healthcare and aerospace.
• Software Quality: Defined as how well software meets user needs, requiring rigorous management practices.

Software Product Liability

• Ranges from strict liability to negligence concerning software products. Key implications are:
  1. Strict Liability: Manufacturers/creators are responsible regardless of negligence.
  2. Negligence: Responsibility is limited to defects detectable through reasonable practices.

Development of Safety-Critical Systems

• Involves systems where failure could lead to severe consequences. Requires:
  • Extensive documentation.
  • Safety reviews at development stages.
  • Formal risk assessments to ensure reliability and safety.

Quality Management Standards

• ISO 9000: A standard guiding quality management and requiring evidence of compliance.
• Failure Mode and Effects Analysis (FMEA): Evaluates potential process failures and their effects on product quality.