What is software? What is hardware? Hardware refers to machines

advertisement

1) What is software? What is hardware?

Hardware refers to machines; tangible, material objects. Software refers essentially to the sets of instructions for machine components.

2) What are the differences between object programs, source programs, and algorithms?

Algorithms is a step-by-step method for solving a particular problem, in general algorithm is more on abstract that a particular program written for a particular computer in a particular programming language.

Source code refers to the program expressed in a programming language, and object code refers to the binary expression of that program in the machine language of a particular machine.

3) What is the aim of the U.S. copyright system?

The aim of the U.S. copyright system , when a software developer creates an original piece of software, the developer can use copyright law to obtain a form of ownership that will exclude other from directly copying the software without permission. Thus the others are not permitted to reproduce a copyrighted work, distribute copies of it, or display or perform the copyrighted work publicly without first obtaining permission from the copyright holder.

4) Why is copyright problematic for protecting software ownership?

The center of copyright law is distinction between ideas and expression. An idea cannot be copyrighted; the expression of an idea can be. The distinction between idea and expression make sense when it comes to literary works. When an author obtains a copyright, the author does not own and cannot control the use of the ideas in his or her writing.

5) What does a copyright holder have to show to prove infringement?

The copyright holder has to show in order to prove infringement , but is it not simple matter because, the copyright holder must show that there is a “ striking resemblance” between the copyrighted software and the infringing software, a resemblance so close that it could only be explained by copying.

Also the copyright holder can stop infringer if the copyright holder can show that the accused relied heavily in the copyright holder’s program and did not add anything significant to it.

As such the copyright holder must also show that the defendant had access to the program.

6) What must copyright holders show in order to prove that they had legitimate trade secret?

The trade secrecy law varies from the jurisdiction to jurisdiction but in general what they do is give companies the right to keep certain kinds of information secret. These are the following claims; 1.) It must have novelty. 2.) It must represent economic investment to the claimant.

3.) It must involve some effort in development. 4.) The company must show that it made some effort to keep the information a secret.

The company has produce employment contracts and licensing agreements, software developers have employed a variety of technical devices to protect their secrets. Such that devices include limiting what is available to the user.

7) Why is trade secrecy problematic for the protection of software ownership?

The trade secrecy is problematic for the protection of software ownership because, is the matter of meeting the requirements of maintaining secrecy, enforcing employment and licensing agreements can be challenging.

Thus, someone who works with licensed software may grasp general principles that can be used to create new software.

8) How is a patent monopoly?

The patent protection is a monopoly because; patent protection offers the strongest from the protection for software because it gives the inventor a monopoly on the use of the invention. A patent holder has the right to exclude others from making, using, or selling the invention and the right to license other to make, use, or sell it.

A patent makes a monopoly, in the sense that even if someone else invents the same thing independently, without any knowledge of the patent holder’s invention, the secondary inventor is excluded from the use of the device without permission of the patent holder.

There are three types of patents; 1.) Utility patents 2.) Design patents 3.) Patents on plant forms.

9) What test must a patent claim satisfy to obtain a U.S. patent?

Here are the two claims that can satisfy to obtain the U.S. patent;

1.) Fall within the category of permissible subject matter

2.) It must

2.1) have utility

2.2) have novelty

2.3) be nonobvious

10) What cannot be patented in the United States? Why?

The restriction of the patent protection in the Unites States, one is in specifying what subject matter is transformed by software. Second, the software patenting with algorithms, that grants a monopoly on the use of the software invention could lead into a monopoly on the use of a mathematical algorithm, (the order and sequence of steps to achieve a certain result).

11) What are the three different forms of digital sharing discussed in this chapter?

The tree different forms of digital sharing 1.) Hence there are many patents have been granted, before putting new software on the market, a software developer must do an extensive and expensive patent search. 2.) Even there is no overlapping patents are found, there is always the risk of late-issuing patents, hence there is always the risk of lawsuit due to patent infringement.

3.) Change may be difficult simply because the software industry has grown and solidified in an environment structured by this form of protection.

12) What are the four freedoms that FS advocates try to preserve?

The four freedoms that FS advocates try to preserve and committed for the software users:

1.) The freedom to run the program, for any purpose .

2.) The freedom to study how the program works, and adapt it to your needs. Access to the source code is a precondition for this.

3.) The freedom to redistribute copies so you can help your neighbor.

4.) The freedom to improve the program, and release your improvements to the public, so that the whole community benefits. Access to the source code is a precondition for this.

13) What is Locke’s labor theory of property why doesn’t it necessarily apply to ownership of computer software?

The property is by no means a simple notion, it is effectively created by laws specifying what can and cannot be owned, how things may be acquired and transferred, and what owners can and cannot do with their property.

So this means that owning software is just like owning a property.

14) What natural rights arguments can be made for and against ownership of software?

The argument is built on the idea of individual sovereignty and self-ownership and one’s labor is an extension of one’s self; to seize the products of someone’s labor is to render the person a slave.

The software developer could argue that the software they are creating is rightfully theirs because they produced it with their labor.

15) The authors argue that software copying is immoral because it is illegal. List the logical steps they used to arrived at this conclusion. Is the argument valid?

The first applies to property rights in general and the second specifically to intellectual property.

The first flaw goes to the heart of the labor theory by calling into question the “naturalness” of the connection between property and labor.

The second flaw in the labor theory relates to software being nontangible and goes directly to the notion of confiscation.

No, the argument is not valid , because we can’t say that copying is immoral because it is illegal, by this means in the phrase is simply saying that even Microsoft can’t even give free software to the student that Microsoft giving as a privilege to the student where they are studying and have a partner with the school where the student enrolled.

As such, the student have the capacity to download anything from the Microsoft site free download software for the student where the Microsoft have tied up with , by copying the software and reproduce it. In this kind of little act it is wrong to say as a whole that copying is immoral and it is illegal.

Also making a buck up copy of PS you have purchase is generally not illegal. And also the issue that is been taken is a micro or individual moral issue.

16) What is Creative Commons?

It is a non-profit organization, the Creative Commons license are not only exclusively for software, but also for music, graphics, text and presentation of all sorts. This project is a way facilitating new rules and new attitudes about not only restricting and charging for reuse but also for encouraging reuse among individuals and organization.

Download