IT Ethics and Cybersecurity

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Copyright, Patient and Trade Secrets

Copyright is a legal right granted to the creator of original works such as books, music, films, software, websites, and digital content. It gives the creator exclusive rights to reproduce, distribute, display, perform, or modify the work.

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Key features of copyright:

  • It applies automatically once the work is created and fixed in a tangible form.
  • It does not protect ideas, only the expression of ideas (e.g., the specific code, text, or media).
  • The duration typically lasts the lifetime of the creator plus 50 to 70 years, depending on the jurisdiction.
  • Copyright holders can license or sell their rights to others.

In IT, copyright is important for:

  • Protecting software programs, source code, and digital content.
  • Preventing unauthorized copying or distribution (software piracy).
  • Enforcing legal actions against content theft or plagiarism.

Example:
A software developer who writes a unique application owns the copyright to that code and can prevent others from copying or selling it without permission.


A patent is a legal right granted by the government to an inventor for a new and useful invention. It gives the inventor the exclusive right to make, use, or sell the invention for a certain period, usually 20 years from the filing date.

Patents are meant to protect:

  • Innovative processes
  • New technologies or devices
  • Software algorithms (in some cases)

To be eligible for a patent, an invention must be:

  • Novel (new and original)
  • Non-obvious (not easily predictable)
  • Useful (practical application)

In IT, patents can apply to:

  • New computer hardware
  • Unique software functions or algorithms
  • Innovative technological processes or systems

Example:
A tech company that invents a new method for data encryption may patent the technique to prevent competitors from using it without permission.

Ethical concerns in software patents:

  • Some critics argue that patenting software algorithms can stifle innovation and competition.
  • There is a risk of “patent trolling”, where companies file broad patents just to sue others for infringement.

Trade secrets refer to confidential business information or knowledge that provides a company with a competitive advantage. Unlike patents or copyrights, trade secrets are not publicly disclosed but are kept secret through internal controls and agreements.


What Are Trade Secrets?

Trade secrets can include a wide range of information, such as:

  • Formulas and recipes (e.g., the Coca-Cola formula)
  • Manufacturing processes or techniques
  • Business strategies and plans
  • Customer lists and supplier details
  • Software algorithms or source code (if kept confidential)
  • Marketing methods

For information to qualify as a trade secret, it must be:

  • Secret: Not known or easily discoverable by competitors.
  • Valuable: Gives the company an economic advantage.
  • Reasonably Protected: The company takes steps to keep it confidential (e.g., nondisclosure agreements, restricted access).

Importance of Trade Secrets

Trade secrets protect sensitive information that is vital to a company’s success and market position. By keeping this information confidential, businesses can prevent competitors from copying their innovations or strategies without the formalities of patents.

Trade secrets can last indefinitely, as long as the secrecy is maintained, unlike patents which expire after a fixed period.


Trade Secrets vs. Other Intellectual Property

  • Unlike patents, trade secrets do not require disclosure to the public.
  • Unlike copyrights, trade secrets protect ideas or information, not expressions.
  • Trade secrets provide protection as long as the information remains confidential, but they offer no protection if the secret is independently discovered or leaked.

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