Using the attached form, complete this weeks reflections related to your readings, assignments, and implications for current or future practice.

Ethics in Information Technology

Chapter 6

Intellectual Property

George W. Reynolds

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Learning Objectives

What does the term intellectual property encompass, and what measures can organizations take to protect their intellectual property?

What are some of the current issues associated with the protection of intellectual property?

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Intellectual property: Describes works of the mind that are distinct and owned or created by a single person or group
Art and music
Books and film
Formulas, inventions and processes
Intellectual property is protected through:
Copyright
Patent
Trade secret laws
Owners control and receive compensation for the use of their intellectual property
What is Intellectual Property?
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Copyright: The exclusive right to distribute, display, perform, or reproduce an original work in copies, or to prepare derivative works based on the work
Copyright infringement: A violation of the rights secured by the owner of a copyright
Copyright law guarantees developers the rights to their works for a certain amount of time.
Since 1960, the term of copyright has been extended 11
times; new works are protected for the life of the author plus 70 years.
Eligibility criteria: Work must be original and fall within one of the categories described in Title 17 of the U.S. Code
Copyright, Part 1
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Fair use doctrine: Allows portions of copyrighted materials to be used without permission
Court decisions regarding fair use are based on four factors:
Purpose and character of the use
Nature of the copyrighted work
The portion of the work used in relation to the whole
Effect of the use on the value of the copyrighted work
Software copyright protection
Proving infringement requires showing striking resemblance that could be explained only by copying
Copyright, Part 2
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Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008: Increased trademark and copyright enforcement and substantially increased penalties for infringement
General Agreement on Tariffs and Trade (GATT)
Multilateral agreement governing international trade
Established the World Trade Organization (WTO)
Despite GATT, copyright protection varies greatly from country to country
Copyright, Part 3
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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Established minimum levels of protection that each government must provide to the intellectual property of
all WTO members
The World Intellectual Property Organization Copyright Treaty (1996):
Encourages the use of intellectual property as a means
to stimulate innovation and creativity
Ensures that computer programs are protected as literary works; also protects the arrangement and selection of material in databases
Copyright, Part 4
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Form of Intellectual Property Key Terms of the WTO TRIPS Agreement
Copyright Computer programs are protected as literary works.
Authors of computer programs and producers of sound recordings have the right to prohibit the commercial rental of their works to the public.
Patent Patent protection is available for any invention, whether a product or process.
Discrimination is not allowed based on the place of invention.
Trade secret Trade secrets must be protected against breach of confidence and other acts that are contrary to honest commercial practices.

Copyright, Part 5
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Digital Millennium Copyright Act (1998): Implements the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty
Unlike traditional copyright law, the DMCA does not govern copying; it focuses on the distribution of tools and software
that can be used for copyright infringement.
The DMCA explicitly outlaws technologies that can defeat copyright protection devices, but it does permit reverse engineering for encryption, interoperability, and computer security research.
Copyright, Part 6
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Patent: A grant of a property right issued by the U.S. Patent and Trademark Office (USPTO) to an inventor
Permits its owner to exclude the public from making,
using, or selling a protected invention
Prevents independent creation as well as copying
Before granting a patent, the USPTO searches the prior art (the existing body of knowledge available to a person of ordinary skill in the art, including existing patents and published material).
The following cannot be patented
Abstract ideas
Laws of nature
Natural phenomenon
Patents, Part 1
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Patent infringement: Unauthorized use of another’s patent
Courts can award up to three times the amount of damages claimed by the patent holder if infringement is found
Leahy-Smith America Invents Act (2011): Enacted a major change in patent law; changed U.S. patent system from a “first-to-invent” to a “first-inventor-to-file” system
Also expanded the definition of prior art used to determine the novelty of an invention and whether it can be patented
The law made it more difficult to obtain a U.S. patent.
Patents, Part 2
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Software patent: Protects a feature, function, or process embodied in instructions executed on a computer
In recent years, the courts have become more restrictive
in granting software patents.
Cross-licensing agreements
Each party agrees not to sue the other over patent infringements
Typically involves large software companies
Small businesses, therefore, often must pay additional costs.
Small businesses are also generally unsuccessful in enforcing their patents against larger companies.
Patents, Part 3
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Trade secret: Business information that has the following qualities:
Represents something of economic value
Required effort or cost to develop
Has some degree of uniqueness or novelty
Is generally unknown to the public
Is kept confidential
Trade secret law protects only against the misappropriation of trade secrets.
Trade Secrets, Part 1
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Trade secret laws protect more technology worldwide than patent laws do.
Key advantages:
No time limitations on the protection of trade secrets
No need to file an application, make disclosures to any person or agency, or disclose a trade secret to outsiders to gain protection
Trade secrets cannot be ruled invalid by the courts
Trade Secrets, Part 2
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Trade secret laws vary greatly from country to country.
U.S. trade secret laws:
Uniform Trade Secrets Act (UTSA): Established uniformity across the states in area of trade secret law
Economic Espionage Act (EEA) of 1996: Imposes penalties for the theft of trade secrets
Defend Trade Secrets Act of 2016: Amended the EEA to create a federal civil remedy for trade secret misappropriation
Allows for seizure of property under certain conditions to prevent dissemination of the misappropriated trade secret
Trade Secrets, Part 3
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Employees are the greatest threat to the loss of company trade secrets.
Nondisclosure clause: Part of an employment contract that specifically prohibits an employee from revealing company secrets
Noncompete agreement: Part of an employment contract that prohibits an employee from working for any competitors for a period of time
Trade Secrets, Part 4
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Plagiarism: The act of stealing someone’s ideas or words and passing them off as one’s own
Actions that schools can take to combat student plagiarism:
Help students understand what constitutes plagiarism and why they need to cite sources
Show students how to document material found online
Schedule major writing assignments in portions due over the course of the term
Tell students that instructors are aware of Internet paper mills and plagiarism detection services
Incorporate detection software and services
Plagiarism
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Reverse engineering: The process of taking something apart in order to understand it, build a copy of it, or improve it
Applicable for both hardware and software
Violates copyright and trade secret laws
Software license agreements typically forbid reverse engineering.
The courts have ruled in favor of using reverse engineering to enable interoperability.
Reverse engineering can also be a useful tool in detecting software bugs and security holes.
Reverse Engineering
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Open source code: Any program whose source code is made available for use or modification, as users or other developers see fit
Advocates believe open source code produces better software than the traditional closed model
Reasons for developing open source code:
To earn respect for solving a problem
To pay back the developer community
To promote expertise and/or attract new clients
To recover maintenance cost
To avoid the hassle of license and marketing
Open Source Code
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Competitive intelligence: Legally obtained information gathered to help a company gain an advantage over rivals
Integrated into a company’s strategic plans and decision making
Not the same as industrial espionage (the use of illegal means to obtain business information)
Sources of competitive intelligence data:
Annual and quarterly reports
Promotional materials and websites
Credit reports and investment analyses
Software applications, databases, and social media tools, such as Rapportive, Crunchbase, CORI, and WhoGotFunded.com
Competitive Intelligence
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QUESTION YES NO
Has the competitive intelligence organization developed a mission statement, objectives, goals, and a code of ethics?
Has the company’s legal department approved the mission statement, objectives, goals, and code of ethics?
Do analysts understand the need to abide by their organization’s code of ethics and corporate policies?
Is there a rigorous training and certification process for analysts?
Do analysts understand all applicable laws—domestic and international—including the Uniform Trade Secrets Act, Defend Trade Secrets Act, and the Economic Espionage Act, and do they understand the critical importance of abiding by them?

A Manager’s Checklist for Running an Ethical Competitive Intelligence Operation, Part 1
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QUESTION YES NO
Do analysts disclose their true identity as well as the name of their organization prior to any interviews?
Do analysts understand that everything their firm learns about the competition must be obtained legally?
Do analysts respect all requests for anonymity and confidentiality of information?
Has the company’s legal department approved the processes for gathering data?
Do analysts provide honest recommendations and conclusions?
Is the use of third parties to gather competitive intelligence carefully reviewed and managed?

A Manager’s Checklist for Running an Ethical Competitive Intelligence Operation, Part 2
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Trademark: A logo, package design, phrase, sound, or word that enables a consumer to differentiate
one company’s products from another’s
Can be renewed forever, so long as a mark is in use
Lanham Act of 1946
Defines the use of a trademark and the process for obtaining a trademark from the USPTO
Outlines penalties associated with trademark
infringement
Trademark Infringement
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Nominative fair use: A defense employed by the defendant in a trademark infringement case, requires proving the following:
Plaintiff’s product or service cannot be readily identifiable without using the plaintiff’s mark
Defendant uses only as much of the plaintiff’s mark as necessary to identify the defendant’s product or service
Defendant does nothing with the plaintiff’s mark that suggests endorsement or sponsorship by the plaintiff
Nominative Fair Use
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Cybersquatter: An individual or company that registers domain names for famous trademarks or company names to which they have no connection
Goal is to sell domain name for a large sum of money
Tactics to circumvent cybersquatting:
Promptly register all possible domain names and variations
ICANN’s Uniform Domain-Name Dispute-Resolution Policy:
Designed to provide for fast, relatively inexpensive arbitration of a trademark owner’s complaint that a domain name was registered or used in bad faith
Cybersquatting
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What does the term intellectual property encompass, and what measures can organizations take to protect their intellectual property?
Intellectual property: Describes works of the mind that are distinct and owned or created by a single person or group
Intellectual property is protected by copyrights, patents, trademarks, and trade secrets law.
Copyright is the exclusive right to distribute, display, perform, or reproduce an original work
Fair use doctrine established four factors for courts to consider when deciding whether a use of copyrighted property is fair.
Summary, Part 1
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What does the term intellectual property encompass, and what measures can organizations take to protect their intellectual property?
The Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008: Increased trademark and copyright enforcement
General Agreement on Tariffs and Trade (GATT)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) covers copyrights
Digital Millennium Copyright Act (DMCA): Makes it illegal to access (or develop tools that allow others to access) a technologically protected work; limits the liability of ISPs for copyright infringement by their customers.
Summary, Part 2
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What does the term intellectual property encompass, and what measures can organizations take to protect their intellectual property?
Patent: A grant of property right issued by the USPTO that permits its owner to exclude the public from making, using, or selling a protected invention
Courts can award up to three times the amount of damages claimed by the patent holder if infringement is found
The Leahy-Smith America Invents Act changed the U.S. patent system from a “first-to-invent” to a “first-inventor-to file” system; expanded definition of prior art

Summary, Part 3
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What does the term intellectual property encompass, and what measures can organizations take to protect their intellectual property?
Trade secret:
Information must have economic value, must not be readily ascertainable, and must have been kept confidential
Protected by: The Uniform Trade Secrets Act, the Economic Espionage Act, and the Defend Trade Secrets Act
Key advantages of trade secret law:
No time limits on protection
No need to file an application to gain protection
No risk that a trade secret might be found invalid in court
Employers protect their intellectual property through nondisclosure clauses and noncompete agreements

Summary, Part 4
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What are some of the current issues associated with the protection of intellectual property?
Plagiarism: Stealing someone’s ideas or words and passing them off as one’s own
Reverse engineering: Breaking something down in order to understand it, build a copy of it, or improve it
Open source code: Any program whose source code is made available for use or modification, as users or other developers see fit.
The basic premise behind open source code is that when many programmers can read, redistribute, and modify it, software improves.
Summary, Part 5
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What are some of the current issues associated with the protection of intellectual property?
Competitive intelligence: Legally obtained information that is gathered to help a company gain an advantage over its rivals; not the same as industrial espionage
Competitive intelligence analysts must avoid unethical or illegal behavior, including lying, misrepresentation, theft, bribery, or eavesdropping with illegal devices.
A trademark: A logo, package design, phrase, sound, or word that enables a consumer to differentiate one company’s products from another’s
Summary, Part 6
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What are some of the current issues associated with the protection of intellectual property?
Cybersquatters register domain names for famous trademarks or company names to which they have no connection with the hope of selling the domain name to the trademark’s owner.
The main tactic used to circumvent cybersquatting is
to protect a trademark by registering possible domain names (and variations) as soon as possible.
Summary, Part 7
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Reflective Journal Rubric

20 pts

Exemplary

Developing

Needs Improvement

Discussion Criteria

10 Points

7 Points

4 Points

Faculty Comments

Application of Course Knowledge 

Journal contributes reflections and unique perspectives or insights gleaned from weekly objectives or examples from the healthcare field.

Journal entry has limited application of course knowledge and demonstration of perspectives.

Journal does not reflect application of course knowledge and personal insights or examples from healthcare.

Grammar, Syntax, APA Format

APA format, grammar, spelling, and/or punctuation are accurate, or with zero to three errors.

Four to six errors in APA format, grammar, spelling, and syntax noted.

Journal entry contains greater than six errors in APA format, grammar, spelling, and/or punctuation or repeatedly makes the same errors after faculty feedback.

Reflective Journal

Name:

Date:

1. Summarize and reflect on this week’s, readings and learning activities.

2. How will these concepts impact your own professional practice now or in the future?