1.

the following are established way of protecting intellectual property right in software describe the
purpose of each of these approaches and explain how each of them can be used to protect rights in
software

i. copyright

ii. patent

iii. trade mark

i. Copyright
Purpose: Copyright protects the literal expression of creative work fixed in a tangible medium. For
software, this includes the source code, object code, user interfaces, and even documentation. The goal
is to prevent unauthorized copying, distribution, or modification of the code itself.

How It Works

1. Automatic Protection:

- Copyright applies the moment code is written and saved (no formal registration required).

- Registration (e.g., with the U.S. Copyright Office) strengthens legal claims in court.

2. Scope:

- Protects the specific way ideas are expressed (e.g., the code’s syntax, structure, and organization).

- Does not protect the underlying ideas, algorithms, or functionalities (e.g., you can’t copyright the
concept of a "shopping cart" in an e-commerce app).

3. Enforcement:

- Licensing: Developers use licenses (e.g., proprietary, open-source like MIT or GPL) to dictate how
others can use their code.

- Infringement Claims: If someone copies your code without permission, you can sue for damages or
seek an injunction.

Examples:

- Proprietary Software: Microsoft Windows’ source code is copyrighted; copying it violates Microsoft’s
rights.

- Open-Source Software: Linux uses the GPL license, allowing free use/modification but requiring
derivative works to also be open-source.
Limitations:

- Reverse Engineering: Copyright does not prevent reverse engineering for interoperability (e.g., under
the U.S. Digital Millennium Copyright Act’s "fair use" exceptions).

- Independent Creation: If someone writes identical code independently, they are not infringing your
copyright.

ii. Patent
Purpose: Patents protect **inventions**, including novel software-implemented processes, algorithms,
or methods. They grant a 20-year monopoly to exclude others from using the invention, even if they
independently develop it.

How It Works
1. Requirements:

- Novelty: The invention must be new (not publicly disclosed before filing).

- Non-Obviousness: It must not be an obvious improvement over existing technology.

- Utility: It must serve a practical purpose.

2. Application Process:

- File a patent application with a national/regional patent office (e.g., USPTO, European Patent Office).

- The application must include detailed claims defining the invention’s scope.

3. Scope:

- Protects functional aspects (e.g., a machine-learning algorithm, a method for encrypting data).

- Example: Google’s PageRank algorithm was patented, protecting its search methodology.
Examples:

- Amazon’s "1-Click" Patent: A method for single-click online purchases.

- Apple’s "Slide to Unlock" Patent: A user interface gesture for unlocking devices.

Limitations:

- Jurisdictional Variations: Software patents are easier to obtain in the U.S. than in the EU, where
"computer programs as such" are excluded.

- Cost and Complexity: Patent applications are expensive ($10k–$50k+) and take years to process.

- Enforcement Challenges: Proving infringement often requires reverse engineering competitors’

software.

Strategic Use:

- Defensive Patents: Companies like IBM patent technologies to deter lawsuits or negotiate cross-
licensing deals.

- Revenue Generation: Qualcomm earns billions by licensing its patented wireless technologies.

---

iii. Trademark
Purpose:

Trademarks protect brand identifiers (names, logos, slogans) that distinguish software products in the
marketplace. They prevent consumer confusion and protect brand reputation.

How It Works:

1. Registration:

- File with a national trademark office (e.g., USPTO) to secure exclusive rights.

- Trademarks can last indefinitely if renewed (e.g., every 10 years in the U.S.).
2. Scope:

- Protects brand identity, not the software itself.

- Covers names (e.g., "Photoshop"), logos (e.g., Adobe’s "Ps" icon), and taglines (e.g., "Think
Different").

3. Enforcement:

- Infringement: Occurs when a competitor uses a similar mark that causes confusion (e.g., "Micros0ft"
instead of "Microsoft").

- Dilution: Even non-competing uses can weaken a famous trademark (e.g., using "Kodak" for bicycles).

Examples:

- Microsoft Windows: The name and logo are trademarked to distinguish it from other OS brands.

- Nike’s "Just Do It": A slogan trademarked to associate it exclusively with Nike products.

Limitations:

- Geographic Boundaries: Trademarks are territorial (e.g., a U.S. trademark doesn’t protect you in
China).

- Genericization: If a trademark becomes a common term (e.g., "escalator"), it loses protection.

Strategic Use: Domain Names: Registering a trademark can help claim associated domain names (e.g.,
"photoshop.com").

- App Store Visibility: Unique app names (e.g., "Angry Birds") prevent copycats from flooding app stores.

2. Explain in detail the following terms: -(10 points)

i. Morality
ii. Ethics
iii. Justice, and iv. Rights:
i. Morality
Morality refers to the principles and beliefs that guide individuals in distinguishing right from wrong,
good from bad. Rooted in personal, cultural, religious, or philosophical values, it serves as an internal
compass influencing behavior and decision-making. Morality often involves concepts like honesty,
compassion, and integrity, and can vary significantly across cultures or individuals. For example,
vegetarianism may be a moral choice for someone valuing animal welfare. It is subjective and focuses on
individual character and intent, though universal moral principles (e.g., prohibitions against murder)
often exist across societies.

ii. Ethics
Ethics is the systematic study of moral principles and their application in specific contexts, such as
professions or societal institutions. Unlike personal morality, ethics often involves codified frameworks
(e.g., medical ethics, business ethics) that guide group behavior. It addresses questions like, "What
should a journalist do when reporting on sensitive issues?" Key branches include:

- Normative ethics: Theories like utilitarianism (maximizing good) or deontology (duty-based rules).

- Meta-ethics: Examines the nature of moral statements (e.g., "Is morality objective?").

- Applied ethics: Practical application, such as bioethics debates on euthanasia.

Ethics provides tools to critique and refine moral norms, balancing individual and collective interests.

iii. Justice
Justice pertains to fairness, equity, and the impartial treatment of individuals within societal systems. It
ensures rights and responsibilities are distributed according to agreed standards. Key types include:

- Distributive justice: Fair allocation of resources (e.g., wealth, healthcare). Philosopher John
Rawls argued for systems benefiting the least advantaged.

- Retributive justice: Punishment proportionate to offenses (e.g., prison sentences).

- Restorative justice: Repairing harm through reconciliation (e.g., victim-offender mediation).

- Procedural justice: Fair processes in legal or institutional decisions.

Justice underpins legal systems and social structures, aiming to balance individual and communal well-
being.
iv. Rights
Rights are entitlements or freedoms granted to individuals, often protected by law or moral norms. They
define boundaries for autonomy and protection. Categories include:

- Natural/human rights: Universal and inherent (e.g., UN Declaration of Human Rights: life, liberty).

- Legal rights: Granted by governments (e.g., voting rights).

- Positive vs. negative rights: Positive rights require provision (e.g., education), while negative rights
prohibit interference (e.g., free speech).

Rights imply correlative duties; for instance, one’s right to privacy obligates others to respect it.
Philosophers like John Locke emphasized natural rights as foundational to social contracts.
1. What are the following terms, according to ethics and professionalism in
IT explain them
briefly: -(12 points)

i. Cyber security
ii. Information privacy
iii. Impacts of new
Technology
iv. Unethical and Illegal
Activities in computing

i. Cyber security
Cyber security involves protecting computer systems, networks, data, and digital infrastructure from
unauthorized access, attacks, damage, or theft. In IT ethics and professionalism, it emphasizes the ethical
responsibility to safeguard sensitive information (e.g., user data, intellectual property) and ensure system
integrity. Professionals must adhere to best practices like encryption, access controls, and threat
monitoring to prevent harm (e.g., ransom ware, data breaches). Ethical issues include transparency about
vulnerabilities and balancing security with user privacy.

ii. Information Privacy

Information privacy focuses on the ethical handling of personal or sensitive data, ensuring individuals
retain control over how their information is collected, stored, and shared. IT professionals must comply
with laws (e.g., GDPR, CCPA) and ethical guidelines to prevent misuse. Key concerns include informed
consent, data minimization, and anonymization. Violations (e.g., unauthorized data sales, surveillance)
erode trust and may lead to legal penalties.

iii. Impacts of New Technology

New technologies (e.g., AI, IoT, blockchain) raise ethical challenges tied to their societal, economic, and
environmental effects. Positive impacts include efficiency gains and innovation, while negatives might
involve job displacement, algorithmic bias, or environmental harm (e.g., e-waste, energy consumption).
IT professionals must proactively assess risks, advocate for equitable access, and design inclusively to
mitigate harm (e.g., auditing AI for bias, promoting sustainable tech).

iv. Unethical and Illegal Activities in Computing

- Unethical activities: Actions violating moral norms but not necessarily laws (e.g., designing addictive
apps, exploiting user data for profit, biased algorithms).

- Illegal activities: Actions breaking laws (e.g., hacking, identity theft, piracy, distributing malware).

Ethical professionalism in IT requires rejecting such practices, adhering to codes of conduct (e.g., ACM
Code of Ethics), and reporting misconduct. For example, whistleblowing on unethical data practices or
refusing to develop tools for mass surveillance.

Connection to Ethics & Professionalism:

These terms underscore the IT professional’s duty to prioritize societal well-being, uphold legal
standards, and maintain trust through responsible innovation. Balancing technological advancement
with ethical safeguards (e.g., privacy-by-design, transparency) is critical to fostering a fair and secure
digital world.

2. Write in detail about employer and employee rights in IT Matters. (8

points)

Employer and Employee Rights in IT Matters

In the context of information technology (IT), the rights of employers and employees intersect with
legal, ethical, and practical considerations. These rights govern how technology is used, data is
managed, and workplace responsibilities are balanced. Below is a detailed breakdown of these rights:
Employer Rights in IT Matters
1. Ownership of Systems and Data

- Employers generally own IT infrastructure (hardware, software, networks) and data generated or
stored on company systems.

- Employees have no inherent right to claim ownership of work-related data, code, or intellectual
property (IP) created during employment.

- Example: Code written by a developer for a company project belongs to the employer, not the
individual.

2. Monitoring and Surveillance

- Employers have the right to monitor employee activities on company-owned devices and networks to:

- Ensure productivity.

- Protect against data breaches or misuse.

- Comply with legal/regulatory obligations (e.g., financial audits).

- Tools include keystroke logging, screen monitoring, email scans, and network traffic analysis.

- Example: Tracking website visits during work hours to prevent time theft.

3. Acceptable Use Policies (AUPs)

- Employers can enforce policies governing IT resource usage, such as:

- Prohibiting personal use of company devices.

- Restricting access to non-work-related websites (e.g., social media).

- Banning unauthorized software installations.

4. Data Security Requirements:

- Employers can mandate compliance with cybersecurity protocols, such as:

- Password complexity rules.

- Mandatory encryption for sensitive data.

- Regular software updates.

- Employees may face disciplinary action for violating security policies (e.g., sharing passwords).
5. Intellectual Property Protection: Employers retain rights to patents, trade secrets, and proprietary
algorithms developed by employees.

- Non-disclosure agreements (NDAs) and non-compete clauses are common tools to protect IP.

6. Termination of Access: Employers can revoke IT access immediately upon termination or resignation
to prevent data theft or sabotage.

Employee Rights in IT Matters

1. Privacy Expectations:

- Employees have a right to limited privacy, even on company systems. For example:

- Personal communications (e.g., emails marked "personal") may require higher justification for
employer monitoring.

- Laws like the General Data Protection Regulation (GDPR) in the EU restrict indiscriminate
surveillance.

- Employers must inform employees of monitoring practices (transparency).

2. Protection from Overreach

- Employees can challenge excessive or intrusive monitoring that violates labor laws or human rights.

- Example: Constant video surveillance of remote workers without cause may be deemed unethical.

3. Ownership of Personal Data

- Employees retain rights to personal data stored on company systems. Employers must:

- Allow access to personal files upon request.

- Delete personal data when no longer needed (per GDPR).

4. Right to Safe Working Conditions

- Employees can demand ergonomic IT setups (e.g., proper chairs, screen positioning) to prevent
health issues.
 - Employers must address risks like repetitive strain injuries from prolonged computer use.

5. Whistleblower Protections

- Employees have the right to report unethical or illegal IT practices (e.g., data misuse, security
negligence) without retaliation.

- Laws like the **Sarbanes-Oxley Act (SOX)** in the U.S. protect whistleblowers in corporate settings.

6. Non-Discrimination in IT Access

- Employees must have equal access to IT tools and training, regardless of gender, race, or disability.

- Example: Providing screen readers for visually impaired employees.

7. Ownership of Personal Creations

- If an employee creates IP unrelated to their job (e.g., a mobile app developed outside work hours),
they may retain ownership unless their contract explicitly claims all creations.

Legal Frameworks Governing IT Rights

1. Data Protection Laws

- GDPR (EU), CCPA (California), and HIPAA (U.S. healthcare) regulate how employers handle employee
data.

2. Labor Laws

- National laws (e.g., Fair Labor Standards Act in the U.S.) define acceptable monitoring and workplace
conditions.

3. Intellectual Property Laws

- Copyright and patent laws determine ownership of software, designs, and inventions.

Ethical Considerations
1. Balancing Security and Privacy
 - Employers must avoid invasive surveillance that erodes trust. Ethical monitoring focuses on security,
not micromanagement.

2. Transparency

- Clear communication of IT policies (e.g., AUPs, monitoring) is essential to respect employee

autonomy.

3. Fair Use of Data

- Employers should not exploit employee data (e.g., biometric data from wearables) without consent.

Conflict Resolution
Disputes often arise over:

- BYOD (Bring Your Own Device) Policies: Who owns data on personal devices used for work?

- Remote Work Monitoring: How much surveillance is justified for off-site employees?

- IP Ownership: Clarifying contract terms to avoid ambiguity.

Solutions:

- Drafting clear IT policies and employment contracts.

- Mediation or legal arbitration for disputes.

- Regular training on IT ethics and rights.

Conclusion

Employer and employee rights in IT require a delicate balance between protecting business interests
and respecting individual freedoms. Legal compliance, ethical transparency, and mutual respect are key
to fostering a productive and trustworthy IT-enabled workplace.