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reach a different conclusion, at least in some circumstances (and notwithstanding that breaking the law is itself a problem!). The study of ethics is very interesting, and certainly one needs some ethical framework in order to consider the social issues and dilemmas that information technology has created or now influences. For our discussion of social issues we will refer to the Code of Ethics and Professional Conduct adopted by the Association for Computing Machinery (ACM) in 1992. You can find a complete statement of the code of ethics at The first section of the code of ethics declares its support of general moral imperatives. We list here only the paragraph titles, without the underlying detail, which you can find in the complete statement: 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Contribute to society and human well-being. Avoid harm to others. Be honest and trustworthy. Be fair and take action not to discriminate. Honor property rights including copyrights and patents. Give proper credit for intellectual property. Respect the privacy of others. Honor confidentiality.
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The code goes on to declare more specific professional responsibilities: 2.1 Strive to achieve the highest quality, effectiveness and dignity in both the process and products of professional work. 2.2 Acquire and maintain professional competence. 2.3 Know and respect existing laws pertaining to professional work. 2.4 Accept and provide appropriate professional review. 2.5 Give comprehensive and thorough evaluations of computer systems and their impacts, including analysis of possible risks. 2.6 Honor contracts, agreements, and assigned responsibilities. 2.7 Improve public understanding of computing and its consequences. 2.8 Access computing and communication resources only when authorized to do so. The code also recognizes these organizational leadership imperatives: 3.1 Articulate social responsibilities of members of an organizational unit and encourage full acceptance of those responsibilities. 3.2 Manage personnel and resources to design and build information systems that enhance the quality of working life. 3.3 Acknowledge and support proper and authorized uses of an organization s computing and communication resources. 3.4 Ensure that users and those who will be affected by a system have their needs clearly articulated during the assessment and design of requirements; later the system must be validated to meet requirements. 3.5 Articulate and support policies that protect the dignity of users and others affected by a computing system. 3.6 Create opportunities for members of the organization to learn the principles and limitations of computer systems. As we consider different social issues related to computing, we will discuss them in light of the ACM Code of Ethics. INTELLECTUAL PROPERTY Modern societies recognize physical property rights as a necessary foundation of economic activity. Without the incentive to profit from the act of creation, fewer people would invest the time, energy, and resources to create new property. For example, if a farmer builds a new plow, and anyone can come to their farm, take the plow away, and appropriate the plow for the use of someone else, the farmer will not likely build another. The effect of abandoning property rights would be a decline in economic activity, which would impoverish the greater society.
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The same thinking has been applied to intellectual property. If authors, scientists and artists cannot profit from their efforts, such activity may decline, leading again to a general impoverishment of society. Yet, there are differences between physical and intellectual property. For one thing, intellectual property can be copied, while physical property cannot be. One can copy the design of a plow (the intellectual property), but if one wants a second plow (the physical property), one must build a second plow, and that takes material, energy, and time. Making a copy of intellectual property also leaves the original owner in possession of what the original owner had. Copying intellectual property is, therefore, not exactly the same as stealing physical property. Another difference between intellectual and physical property is that only one person can own a particular intellectual property, but any number of people can own physical property. Only one person can own the design of the plow, but any number of people can build and own physical plows made to the design. Even when more than one inventor independently creates the same intellectual property, the intellectual property must still be assigned, and belong, to only one inventor. In contrast, any number of people can own instances of the physical property. This makes it easier to spread the benefits of physical property ownership among multiple people. The interest of society as a whole is to maximize the good for the largest possible number of its members. While most think rewarding inventors for their ideas is for the good, most also feel that disseminating better ideas widely, so they can be used by many, is also for the good. There is a tension between the desire to make creativity rewarding to inventors, so they will continue to invent, and the desire to let many in society benefit from new inventions. With physical property, property rights are almost absolute. Only in special cases such as eminent domain, where a community can appropriate, after compensating the owner, private property for public use, is there a limit on one s right to what one owns. With intellectual property, the tension between promoting the good of the inventor and promoting the good of the larger group has resulted in more limitations on the rights of property owners. Intellectual property is not perfectly analogous to physical property, as we discussed above, so the rules relating to intellectual property are different. There are four recognized ways in which people protect their intellectual property, and each has its limitations. The four are trademarks, trade secrets, patents, and copyrights. Trademarks and Service Marks Trademarks are the symbols, names, and pictures that companies use to identify their companies and products. Service marks are essentially the same thing, but they identify a service, such as insurance, rather than a tangible product. The Kodak logo, for instance, is a trademark. So is the Kleenex brand name. The name Novell Online Training Provider is a service mark of the Novell Corporation. Trademarks are granted by the government, and they can have a very long life. A trademark granted by the US Patent and Trademark Office has a term of 10 years, and it can be renewed indefinitely for 10 year terms. The application is relatively inexpensive, and can cost as little as a few hundred dollars. Renewals also carry a fee, and with each renewal the owner must submit an affidavit of use, attesting to the owner s ongoing use of the trademark. A company can lose its exclusive right to use a trademark if the term used becomes part of the language. This is called trademark genericide. In Britain, the word hoover has come to be the common word for vacuum cleaner, so Hoover is no longer a registered trademark in Britain (however, Hoover remains a trademark in the US). Today the trademarks Xerox and Band Aid are in danger of genericide, and you will perhaps see advertisements for Xerox copies and Band Aid brand strips, which are attempts by the companies to preserve their trademarks. Trade Secrets Of more importance to software creators are the other three approaches to protecting intellectual property. First, a trade secret is just that, a secret kept by a company because the secret provides the company an advantage in the marketplace. A famous trade secret is the formula for Coca-Cola. By the way, the name Coca-Cola is trademarked, and some say it is the most widely recognized brand in the world. The formula for Coca-Cola is a trade secret, and has been since Coca-Cola was invented in 1886 by John Pemberton, a pharmacist in Atlanta, GA. We know the formula has changed over the years, because originally it included some cocaine,
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