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CP4P SoftwareLicensing IP Legislation Regulation

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0% found this document useful (0 votes)
24 views36 pages

CP4P SoftwareLicensing IP Legislation Regulation

Uploaded by

mohdeep
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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COMPUTER PRINCIPLES

FOR PROGRAMMERS
IT Jobs, Source Code Licensing,
Spam, Privacy, Intellectual Property
News of the Week i
Agenda
Lecture:
1. IT Jobs
2. What is open-source software and licensing?
3. What is a “Closed/Proprietary Software?”
4. Hybrid Open and Closed Source Systems in
today’s Software Market
5. Spam and Privacy, CASL & PIPEDA
6. Who owns “Intellectual Property?
Activity
1. How much Open Source Software …
– can be used for regular tasks on your computer?
What are the OS alternatives to the propriety apps you have?
– for personal use is available on Seneca MyApps?
What of those could you use yourself that you don't use already?
– might be present on the Internet's infrastructure
(the back-end server-side) when surfing the web?
2. What OSS projects might you get involved in
to gain marketable experience?
Tech & IT careers in 2023
Position (in Toronto) Salary Range midpoint
Developer/Programmer Analyst: Java, $73,010 - $113,948 $92,306
JavaScript, Python, C# .NET, C / C++
Web Developer $76,921 - $99,607 $88,655
Quality Assurance Analyst/Associate $68,577 - $107,168 $91,263
Business Systems Analyst $75,750 - $136,500 $110,250
Database: SQL (structured) NoSQL (unstructured) $96,250 - $136,500 $107,000
Project Manager: PMP, Agile, Scrum $93,750 - $138,250 $114,000

https://www.roberthalf.ca/en/salary-guide/specialization/technology
Tech Opportunities
Developer Skills Growth Industries
Problem Solving, Soft Skills FinTech, Healthcare, Robotics
Web Dev stacks, Front/Back End Transportation and Logistics

Digital Transformation (DX)


Cloud architecture, containers, micro-services, serverless platforms
Analytics, Big Data, IoT, Security + Privacy
5G, AI / ML, Robotics, Edge Computing, AR/VR, Blockchain
Software Licensing: Open vs Closed/Proprietary
Open and Closed/Proprietary Software
Employees,
Contractors, Community
Consultants of
Volunteers
Permissive
licenses
only
Closed Open
Source IP:
Very Open
Source
Closed Copyright, Copyleft
to
Licensing Patents, Publicly
Restrictive
Industrial Accessible
Licensing
design
Free and Open-Source Software
• Free as in Speech (at liberty to use for any purpose)
• Free Redistribution, with Source Code, allows modifications and derived works

• Derivative works distribution


• Free and OSS – Copyleft: Once Open, Always Open. All distributed software inherits
license, e.g. GNU GPL, from any original FS and/or OSS included within the distribution
• OSS – Permissive: allows proprietary derivatives, e.g. Apple macOS from FreeBSD

• Free as in Beer (no cost software)


• batteries not included; some assembly required.
Be careful
• try before you commit; may not be enterprise ready.
where you
• consider TCO: Total Cost of Ownership D/L from.
• GitHub, SourceForge, Bitbucket, GitLab, etc, etc
What is a Closed/Proprietary Source Software?
• Run-time license for compiled software. (Source code is n/a.)
• Enterprise Scalability:
• network admin control to manage apps on hundreds or thousands of PCs
• server apps suitable for hundreds or thousands of concurrent users

• Supported Life Cycle:


• continuous development
• end-user level training and support
• patches for security, bug fixes, functionality, and usability enhancements
• end-of-life migration paths

• Cloud-based deployment options


• examples: IBM OSs & DB2. Apple iOS & macOS. Microsoft Windows (PC and Server),
MS-SQL Server (DB), MS-Office 365 Apps.
Hybrid Open and Closed Source Systems in ICT
• Enterprise scale ICT uses a hybrid of open and closed
source systems
• Linux servers, LAMP and MEAN stacks, open web frameworks.
• Apache Hadoop (open) and IBM DB2 (closed) for big data
• Microsoft, Apple, and IBM have many open source projects
included within their propriety offerings.
• https://opensource.microsoft.com/ e.g. VS Code, Terminal, PowerShell, PowerToys
• https://opensource.apple.com/
• https://www.ibm.com/opensource/
• https://en.wikipedia.org/wiki/List_of_free_software_project_directories
Red Hat + Open Source = $2B service business
• Red Hat developed a distro of the Linux OS, 1994
• Fedora (free): rapid development of latest technology
• Red Hat Enterprise Linux – certified and integrated platform
• Support, Training, SLAs, Secure, Stable, Tested, Hardened, Long Life
Cycle, single source of Open Software, scales to large organizations
• Red Hat Enterprise Linux Server, per socket pair per year
• Self-support USD$349, Standard USD$799, Premium (24x7) USD$1,299
• Red Hat Enterprise Linux for Virtual Datacenters, Premium with
Smart Management, High Availability, and Resilient Storage for
USD$8,964 / socket pair / year
Data Privacy, PIPDEA, CASL, IP
Privacy
what we control over Surveillance
expect your P.I.I. Economy

Movie
Villains
Security Anonymity until
freedom from unidentifiable in the
risk or danger one's actions last act

Trolls
PIPEDA - Personal Information Protection and Electronic Documents Act

• PIPEDA for private businesses and federal agencies


• FIPPA adds for Ontario provincial agencies
• Personally Identifiable Information belongs to the user
• ICT servers, ICT databases, ICT applications, but not all ICT data. Data supplied by
users belongs to users. Data derived from user data belongs to ICT company.
• Business Policy states use and retention period of data
• Breach of Security Safeguards Regulations, 2018 results
• Canadian rules for data breach record-keeping and notifications.
• Modernizing Canada’s Privacy Act – C-27 status
Canada’s Anti-Spam Legislation (CASL)
• All electronic messages:
email, instant messaging (SMS|MMS texts), and social media
• sent for commercial activity:
advertising, marketing, or promotional
• Need consent or prior business relationship prior to sending
messages
• Traceable to sender with contact info
• Easy to unsubscribe
• Honest and transparent
• Spam quiz
What is Intellectual Property?
What are Intellectual Property Rights (IPR)?

Copyright: automatic protection


of the expression of ideas.
Patent: granted protection
of a new idea which must be
novel, useful, and inventive
(i.e. not obvious to a specialist)
What is Intellectual Property (IP)?
Intellectual Property
• creations of the mind. the output of innovation.
IP Rights are registration of
• Patents – exclusive rights to innovations
• Copyright – asserts reproduction or publishing rights
• Industrial Designs – exclusive rights to visual appearance
• Trademarks – exclusive rights to brand identification
• Trade secrets – business info which has value only when
secret
Software is IP … To whom does it belong?
• Anything you create using only your own resources is automatically
copyrighted.
• Proving you created it is up to you.
• "work-made-for-hire" the employer or client paying for the code owns
the copyright. (includes WIL/coop students)
• If other's resources (college/employer) are used to create your work,
they own/share the copyright.
• Seneca Intellectual Property Policy exception:
• students retain copyright on work created for course requirements
• Need a contract or published policy to override legal defaults.
• Use of open-source software is governed by the OS licence.
Canadian Intellectual Property Office
• CIPO administers intellectual property in Canada
• patents, trademarks, copyrights, industrial designs, and integrated
circuit topographies.
• CIPO website. Registration of copyright is $50
• Blockchain registry for artists from Prescient Innovations
• https://www.blockcerts.org/ - Seneca academic credentials
NOTES
Patents Vs. Copyrights
Patent:
• an exclusive right
• restricting others from using or selling your invention
• granted for an invention
• a product or a process providing a new way of doing something,
• or a new technical solution to a problem.
• to protect a novel idea
e.g. process or algorithm embodied in software
Copyright:
• protects the particular form in which an idea is expressed, i.e. source
and object code, and unique + original UI elements.
PIPEDA - Personal Information Protection and Electronic Documents Act

• PIPEDA controls all collection and retention of personal


information by all businesses in Canada. In the Public sector, it
controls the collection and retention of employee information
only for Federal agencies. FIPPA is an Ontario version.
• In 2001, 'Adequate' per EU Data Protection Directive (1995)
• may not be so under EU General Data Protection Regulation (2018)
• Short PIPEDA quiz https://services.priv.gc.ca/quiz/index_e.asp
• 5 minute video on PIPEDA for businesses
https://www.youtube.com/watch?v=KyOEv5fW5NE
“Organizations covered by the Act must obtain an individual's consent when they
collect, use or disclose the individual's personal information. The individual has a
right to access personal information held by an organization and to challenge its
accuracy, if need be. Personal information can only be used for the purposes for
which it was collected. If an organization is going to use it for another purpose,
consent must be obtained again. Individuals should also be assured that their
information will be protected by appropriate safeguards.”
PIPEDA
What is Software Licensing?
• Business organizations often change or update their operating software in an effort to
keep pace with technology.

• A software license is a “legal instrument” (usually by way of contract law, with or without
printed material) governing the “use or redistribution of software.”

• For example, a typical software licensing contract will contain provisions relating to:
performance warranties,
installation and troubleshooting,
user training,
limited liability and indemnification of the vendor,
infringement disclaimers,
payment and finance terms
What is Software Licensing
• A software license is a legally binding document that sets
rules about how a piece of software can or cannot be used.
• Open-source licenses are licenses that comply with the
open-source definition -- allowing software to be freely
used, modified, and shared.
• A perpetual license allows the customer to use the
licensed software indefinitely. For the first year, the
perpetual license also entitles the customer to download all
updates to the software and to receive technical support.
What is Open-Source Software?
• Open-source software is computer software with its source code made
available with a license in which the copyright holder provides the “rights
to study, change, and distribute the software to anyone and for any
purpose.”
• In other words, open-source licenses are licenses that comply with the
open-source definition, that is, allowing software to be freely used,
modified, and shared (a typical example of an open-source Software
License is shown in the next slide.)
• Open-source software may be developed in a collaborative public
manner. MYSQL, APACHE, and PHP are some examples.
“Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal in the
Software without restriction, including without limitation the rights to use, copy,
modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and
to permit persons to whom the Software is furnished to do so, subject to the
following conditions:
The above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.”
MIT License
This document governs the use of Microsoft software,….
Customer does not own the Products and the use thereof is subject to certain rights
and limitations…
You may use the Client Software installed on your Devices only in accordance with
your agreement ….
You may not reverse engineer, decompile, or disassemble the Products,
except and only to the extent that applicable law, notwithstanding this limitation
expressly permits such activity.
Microsoft EULA Excerpts
An intro to “Data Privacy” in the IT field
• Data Piracy is the “illegal copying, distribution, or use of data.”
Disputes and litigation do occur in the IT field when enterprises fail to
keep customer and employee information secure.
• Sensitive information is stored in digital format, and thus susceptible to
theft. Hackers and other cyber criminals routinely target financial
institutions, e-commerce websites, and ordinary businesses,
sometimes gaining access to customers’ data.
• The Privacy Commissioner investigates all complaints and produces a
report recommending changes, actions, etc.
What is Intellectual Property Rights (IPR)? (Cont’d)
• Intellectual property rights is a collective term for the
processes of assigning property rights through patents,
copyrights and trademarks.
• IPRs allow the holder to exercise a monopoly on the use of
the item for a specified period.
• IPRs protect the intangible rights of ownership in an asset
such as a software program.
What is Intellectual Property Rights (IPR)? (Cont’d)
• Each intellectual property "right" is itself an asset, a slice of
the overall ownership pie.
• The law provides different methods for protecting these
rights of ownership based on their type.
• Four types of intellectual property rights relevant to software
include:
patents, copyrights, trade secrets and trademarks (to be
discussed in more details in the next slides.)
Main Types of Intellectual Property Rights (IPR)
• Each IP “Right” provides a different type of legal protection.
• Patents, copyrights and trade secrets can be used to protect
the technology itself.
• Trademarks do not protect technology, but the names or
symbols used to distinguish a product in the marketplace.
Patents Vs. Trade Secrets
• A patent is a twenty year exclusive monopoly on the right
to make, use and sell a qualifying invention. The legal
monopoly is considered a reward for the time and effort
expended in creating the invention.
• A trade secret is any formula, pattern, compound, device,
process, tool, or mechanism that is not generally known or
discoverable by others, is maintained in secrecy by its
owner, and gives its owner a competitive advantage
because it is kept secret. Can theoretically last “forever”
Trademark
• A proprietary term that is usually registered with the
Patent and Trademark Office to assure its exclusive use
by its owner.
• A Trademark is distinctive design, graphics, logo,
symbols, words, or any combination thereof that uniquely
identifies a firm and/or its goods or services.
Sample Trademarks

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