Moral and Ethical Issues Behind Software Copyright and Patents

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Moral and Ethical Issues Behind Software Copyright and Patents Introduction Over the past twenty years, the number of software patent and copyright infringement cases has been steadily increasing. The reason for this is quite clear. Software development only gained momentum in the 1970s, when the need for more complex and sophisticated software and their potential for commercialization was realised.1 With increasing investments being put into developing software, more legal protection was sought to protect these investments. These changing trends raise the awareness of the ethical and moral issues behind the current copyright and patent law framework. In this article, software globalization trend and related ethical issues are addressed, the current legal system and its restriction are introduced, and my point is that the combination of legal system and ethical values will help establish an ideal software society. Software moral and ethical issues First of all, let’s address the difference between copyright and patents. In general, software copyrights do not generate the same magnitude of influence as patents although patent and copyright law may seem similar in many respects. The first and most important difference is that, while copyright protects the expression of ideas, patent law protects the underlying idea itself. For example, if an inventor created a revolutionary design for a spacecraft, the design itself could be patented but only the design as it appears pictorially on a blueprint can be copyrighted. In software field, a copyright infringement can be invoked whenever an individual makes an unauthorized copy of software even if this person does not use the copy at all, whereas a patent is more likely to occ... ... middle of paper ... ... Mike Ingram, “The Microsoft law suit, software development and the capitalist market, ” May 2000 Kim Zetter, PCWorld.com, Friday, July 20, 2001 Michael S. and David G.Kay, “How Software Patents can Support COTS Component Business,” IEEE Software, vol.19, no.3, May/June 2000, pp.78-83 Frank Hecker, “Setting Up Shop: The Business of Open-Source Software,”IEEE Software, vol.16, January/February 1999, pp.45-51 Bob Young, “Why Linux Is Important to you,” IEEE Software, vol.16, January/February 1999, pp.37-39 Larry Graham, “Legal Implications of Operating Systems”, IEEE Software, vol.16, January/February 1999, pp.20-22 Greg Perkins, “Culture Clash and the Road to World Domination,” IEEE Software, vol.16, January/February 1999, pp.80-84 Joe Brockmeier, “Will Patents Kill IT Innovation?”, NewsFactor Network Webster’s 9th College Dictionary

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