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patent is more responsible for defending the patent against charges that prior art invalidates it. These considerations add to the cost of a software patent, and limit the protection the patent affords. Copyright Copyrights apply to written and artistic works, and a copyright gives the author of the work exclusive rights to copy, distribute, perform, and display the work, and it gives the author exclusive rights to any derivative work (e.g., The Return of...). The author can be an individual, a group of individuals, or a company. Copyright to work created by employees in the course of their employment belongs to the company for which they work. To consider all the industries that rely on copyrighted works, one must include book, journal and newspaper publishing, the recording industry, the film industry, the software industry, advertising, theater, and radio and TV broadcasting. In addition, a substantial set of related industries print, copy, or distribute copyrighted materials, and so are dependent upon the copyright industries. In the United States, in 2001, the copyright industries accounted for over $535 billion, or 5.24 percent of the total GDP of the United States. If one also includes the dependent industries, the total jumps to $791 billion and 7.75 percent of GDP. The copyright industries have been growing at a rate of 5.8 percent per year (Stephen Siwek, Copyright Industries in the U.S. Economy: The 2002 Report, Economists Incorporated, 2002, http://www.iipa.com/). Clearly, copyrights and the copyright industries are very important to the economy. One copyrights one s particular expression of an idea, not the idea itself. Your poem about the beauty of the sunset can be copyrighted, but others may also write about the beauty of sunsets, in their own words, of course. Obtaining a copyright to one s work product is free and automatic. As soon as one creates the work, one owns the copyright to the work. The law does not require that the work be published, and does not require even that notice of copyright be made on the product. Nevertheless, it is good practice to put a notice of copyright on one s work, using the copyright symbol or the word copyright, followed by the year of creation and the author s name. Such notification often will put the author in a stronger position in court when prosecuting an infringer. While not necessary to secure copyright protection, an author can also register a copyright with the government. One completes an application, and submits two copies of the work along with a filing fee of $45. Registration creates a public record of the copyright, and strengthens further one s position in court should someone later infringe on the copyright. For one thing, successful prosecution of an infringer will result in the infringer having to pay court and legal costs of the prosecution, as well as any damages the court awards (http://www.copyright.gov/). Copyright protection continues from the date of creation of the work until 70 years after the author s death. If the copyright is held by a company, the protection extends 120 years from the date of creation, or 95 years from the date of publication, whichever is shorter. Copyrights are free or inexpensive, easy to obtain, long-lasting, and economically important. These characteristics make copyright an attractive protection for the intellectual property in software. However, a copyright protects only the expression of an idea, not the idea itself. If an author creates an excellent accounting program and protects it with only a copyright, someone else could look at the program, rewrite it in a different language, and sell the new version without violating the copyright of the original creator. Software companies usually protect their intellectual property by distributing only the object code, the machine language program, and protecting the object code with copyright. Companies protect the source code as a trade secret by keeping it confidential. What the user buys is not the software itself, but a license to use the software. Usually the license agreement grants the user the right to make a copy of the software for backup purposes, but it may not even permit that. The license agreement may also prohibit the user from disassembling the object code in an attempt to recover a version of source code. Note that the user may not copy the software and distribute it to anyone else, for pay or for free, without violating the copyright. There are those who argue that society s interests are better served when software source code is distributed freely. When no one owns the intellectual property in software, they argue, many people can contribute to the product, and this benefits all. Further, users of the software need not fear the failure of their vendor, and need not wait for their vendor to implement changes the users desire. Those who take this position have created the open source movement. Apache is an open-source web server that runs more than half of all internet servers,
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