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The document discusses the legal protections available for computer software, including patents, copyrights, and trade secrets. It highlights the implications of proprietary software and the importance of licensing, as well as the potential for vendor lock-in. Additionally, it touches on the release of source code by companies in response to community demand and the distinction between commercial and proprietary software.

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0% found this document useful (0 votes)
7 views

4

The document discusses the legal protections available for computer software, including patents, copyrights, and trade secrets. It highlights the implications of proprietary software and the importance of licensing, as well as the potential for vendor lock-in. Additionally, it touches on the release of source code by companies in response to community demand and the distinction between commercial and proprietary software.

Uploaded by

othercomics0
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GIF image compression algorithm) without permission, or may prevent others from

creating software programs that perform a function in a certain way. In connection


with computer software, copyright law can be used to prevent the total duplication
of a software program, as well as the copying of a portion of software code.
Donovan, S. (1994). "Patent, copyright and trade secret protection for software".
IEEE Potentials. 13 (3): 20. doi:10.1109/45.310923. S2CID 19873766. Essentially
there are only three ways to protect computer software under the law: patent it,
register a copyright for it, or keep it as a trade secret.
Eben Moglen (2005-02-12). "Why the FSF gets copyright assignments from
contributors". Retrieved 2017-05-01. Under US copyright law, which is the law under
which most free software programs have historically been first published, [...]
only the copyright holder or someone having assignment of the copyright can enforce
the license.
White, Aoife (2012-07-03). "Oracle Can't Stop Software License Resales, EU Court
Says". Bloomberg.
Microsoft Corporation (2005-04-01). "End-User License Agreement for Microsoft
Software: Microsoft Windows XP Professional Edition Service Pack 2" (PDF).
Microsoft. p. Page 3. Retrieved 2009-04-29.
Microsoft Corporation (2005-04-01). "End-User License Agreement for Microsoft
Software: Microsoft Windows XP Professional Edition Service Pack 2" (PDF).
Microsoft. p. Page 1. Retrieved 2009-04-29. You may install, use, access, display
and run one copy of the Software on a single computer, such as a workstation,
terminal or another device ("Workstation Computer"). The Software may not be used
by more than two (2) processors at any one time on any single Workstation Computer.
... You may permit a maximum of ten (10) computers or other electronic devices
(each a 'Device') to connect to the Workstation Computer to utilize one or more of
the following services of the Software: File Services, Print Services, Internet
Information Services, Internet Connection Sharing and telephony services.
Adobe Systems, Adobe Software License Agreement (PDF), retrieved 2010-06-09
Parker, Jason (January 27, 2009). "Apple iWork '09 review: Apple iWork '09". CNET.
Retrieved May 2, 2022.
Heffan, Ira V. (1997). "Copyleft: Licensing Collaborative Works in the Digital
Age" (PDF). Stanford Law Review. 49 (6): 1490. doi:10.2307/1229351. JSTOR 1229351.
Archived from the original (PDF) on 2013-05-14. Retrieved 2009-07-27. Under the
proprietary software model, most software developers withhold their source code
from users.
David A. Wheeler (2009-02-03). "Free-Libre / Open Source Software (FLOSS) is
Commercial Software". Retrieved 2009-06-03.
"Distribution of IBM Licensed Programs and Licensed Program Materials and Modified
Agreement for IBM Licensed Programs". Announcement Letters. IBM. February 8, 1983.
283-016.
Greg Mushial (July 20, 1983), "Module 24: SLAC Enhancements to and Beautifications
of the IBM H-Level Assembler for Version 2.8", SLAC VM NOTEBOOK, Stanford Linear
Accelerator Center
Shankland, Stephen (January 30, 2003). "Governments to see Windows code". CNET.
Retrieved May 2, 2022.
Gao, Ken (February 28, 2003). "China to view Windows code". CNET. Retrieved May 2,
2022.
James Ball, Julian Borger and Glenn Greenwald (2013-09-06). "US and UK spy
agencies defeat privacy and security on the internet". The Guardian.
Bruce Schneier (2013-09-06). "How to remain secure against NSA surveillance". The
Guardian.
Jacob, Matthias; Boneh, Dan; Felten, Edward (30 October 2003). "Attacking an
Obfuscated Cipher by Injecting Faults". In Feigenbaum, Joan (ed.). Digital Rights
Management: ACM CCS-9 Workshop, DRM 2002, Washington, DC, USA, November 18, 2002,
Revised Papers. Second International Workshop on Digital Rights Management. Lecture
Notes in Computer Science. Vol. 2696. Springer Berlin Heidelberg. p. 17. ISBN 978-
3-540-44993-5. Retrieved 12 January 2024 � via Internet Archive.
Tony Patton (2008-11-21). "Protect your JavaScript with obfuscation".
TechRepublic. Archived from the original on March 15, 2014. Retrieved May 2, 2022.
While the Web promotes the sharing of such code, there are times when you or a
client may not want to share their JavaScript code. This may be due to the
sensitive nature of data within the code, proprietary calculations, or any other
scenario.
Orenstein, David (January 10, 2000). "Application Programming Interface".
Computerworld. Retrieved May 2, 2022.
"Commission Decision of 24.03.2004 relating to a proceeding under Article 82 of
the EC Treaty (Case COMP/C-3/37.792 Microsoft)" (PDF). European Commission. March
24, 2004. Archived from the original (PDF) on October 28, 2008. Retrieved June 17,
2009.
Wilson, Ben (2008-10-01). "Apple Drops NDA for Released iPhone Software". CNET.
Archived from the original on 2013-03-08. Retrieved 2022-05-02.
The Linux Information Project (2006-04-29). "Vendor Lock-in Definition". Retrieved
2009-06-11. Vendor lock-in, or just lock-in, is the situation in which customers
are dependent on a single manufacturer or supplier for some product [...] This
dependency is typically a result of standards that are controlled by the vendor
[...] It can grant the vendor some extent of monopoly power [...] The best way for
an organization to avoid becoming a victim of vendor lock-in is to use products
that conform to free, industry-wide standards. Free standards are those that can be
used by anyone and are not controlled by a single company. In the case of
computers, this can usually be accomplished by using free software rather than
proprietary software (i.e., commercial software).
Don Reisinger (2011-09-29). "Apple wins key battle against Psystar over Mac
clones". Retrieved 2022-05-02.
"What happens when a proprietary software company dies?". Linux. October 24, 2003.
Retrieved May 2, 2022.
Livingston, Brian (December 15, 2006). "Microsoft Turns Up The Heat On Windows
2000 Users". CRN. Archived from the original on May 3, 2022. Retrieved May 2, 2022.
Cassia, Fernando (March 28, 2007). "Open Source, the only weapon against 'planned
obsolescence'". The Inquirer. Archived from the original on November 22, 2012.
Retrieved August 2, 2012.
Bell, John (October 1, 2009). "Opening the Source of Art". Technology Innovation
Management Review. Archived from the original on March 30, 2014. Retrieved May 2,
2022. that no further patches to the title would be forthcoming. The community was
predictably upset. Instead of giving up on the game, users decided that if
Activision wasn't going to fix the bugs, they would. They wanted to save the game
by getting Activision to open the source so it could be kept alive beyond the point
where Activision lost interest. With some help from members of the development team
that were active on fan forums, they were eventually able to convince Activision to
release Call to Power II's source code in October of 2003.
Wen, Howard (June 10, 2004). "Keeping the Myths Alive". Linux Dev Center. Archived
from the original on April 6, 2013. Retrieved December 22, 2012. fans of the Myth
trilogy have taken this idea a step further: they have official access to the
source code for the Myth games. Organized under the name MythDevelopers, this all-
volunteer group of programmers, artists, and other talented people devote their
time to improving and supporting further development of the Myth game series.
Largent, Andy (October 8, 2003). "Homeworld Source Code Released". Inside Mac
Games. Archived from the original on October 12, 2013. Retrieved November 24, 2012.
With the release of Homeworld 2 for the PC, Relic Entertainment has decided to give
back to their impressive fan community by releasing the source code to the original
Homeworld.
Rosen, Lawrence (2004). Open Source Licensing. Upper Saddle River: Prentice Hall.
pp. 52, 255, 259. ISBN 978-0-13-148787-1.
Havoc Pennington (2008-03-02). "Debian Tutorial". Archived from the original on
2018-01-29. Retrieved 2009-06-04. It is important to distinguish commercial
software from proprietary software. Proprietary software is non-free software,
while commercial software is software sold for money.
Russell McOrmond (2000-01-04). "What is "Commercial Software"?". Archived from the
original on 2012-10-04. Retrieved 2009-05-02.
Michael K. Johnson (1996-09-01). "Licenses and Copyright". Retrieved 2009-06-16.
If you program for Linux, you do need to understand licensing, no matter if you are
writing free software or commercial software.
Eric S. Raymond (2003-12-29). "Proprietary, Jargon File". Retrieved 2009-06-12.
Proprietary software should be distinguished from commercial software. It is
possible for the software to be commercial [...] without being proprietary. The
reverse is also possible, for example in binary-only freeware.
"Selling Free Software". GNU Project.
"The Commercial Software Model". Microsoft. May 2001. Archived from the original
on 2007-03-05.
Open Source Versus Commercial Software: Why Proprietary Software is Here to Stay.
Sams Publishing. October 2005. Retrieved 2022-05-02.
External links
Media related to Proprietary software at Wikimedia Commons
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