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The development of the software industry has brought new emphasis to the topic of intellectual property rights. Software is now considered valuable intellectual property, and companies and individuals protect their rights with a variety of tools. We discussed trademarks, trade secrets, patents, and copyrights. The most common ways of protecting software rights are to maintain source code as a trade secret and protect object code with copyright. Individual privacy can be endangered in this age of large data bases and marketing of data resources to commercial interests. In addition, actions many consider by their nature to be private, such as e-mail communications, may in fact not enjoy the protection of the laws, if the communications occur at the workplace. For people working with data resources, the ACM Code of Ethics prescribes a set of rules to fairly protect individual privacy. Encryption can be viewed as a matter of privacy rights. But privacy rights are not absolute, since there is a tension between the individual s right to privacy, and others need to know with whom they are interacting. In the past, the US Government resisted the export of strong encryption technology, because the government monitors certain communications for the purposes of insuring national security and prosecuting criminals. Since 1999, however, the government has withdrawn its export controls on encryption technology. Viruses, worms and Trojan horses are misleading or malicious programs that can damage or subvert a victim s computer. Whether the purpose of such a program is simply mischievous, or destructive, or criminal, the law provides severe penalties of up to 20 years in prison for offenders. The ACM Code of Ethics clearly rejects such behavior. Hacker is a word meaning someone with great computer skills whose work contributes in an unusual way to the industry. Today the word is generally positive, but in the past the word hacker also included those who created cleaver but destructive or criminal applications of computer technology. Today the word used for the bad guys is cracker. In any case, hackers must be careful to avoid a feeling of superiority that might tempt them to think that rules which apply to others do not apply to them. Finally, as computers become ever more highly integrated into many critical applications, more and more responsibility falls on developers to take every precaution in creating reliable applications. Computer-controlled weapons, medical equipment, transportation systems, food processing, chemical manufacturing, and other applications make quality computing systems a matter of life and death. Thorough testing must be part of the activities of developers, but since testing cannot be exhaustive for most systems, because of their complexity, developers must use a combination of best practices and relentless conscientiousness to create safe and effective systems. REVIEW QUESTIONS 9.1 Should software be copyrightable or patentable Ignoring the law for the moment, argue the question from the Kantian, Utilitarian, and Social Contract Theory perspectives. 9.2 Why does a copyright provide better protection for object code than for source code 9.3 How can you apply the ACM Code of Ethics to the practice of sending spam e-mail (unsolicited messages to strangers). What sections of the ACM Code apply, and does the ACM Code permit the practice 9.4 Inspection of a computer program controlling a weapons system shows 54 if statements (23 with else clauses), 4 switch statements (with 5, 7, 4, and 8 cases ), and 17 for or while loops with parameterized looping boundaries. How would you exhaustively test such a program to prove its safety 9.5 Assume you have just created a program to schedule taxicabs in real time. You re sure that your approach is entirely new and much better than anything else available. Every taxi company in the world is going to want your software. Explain how you would best protect your work patent copyright secret
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