Heres my assignment be as brutal as you wish : )
Steve
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Lifes a beach and I'm on it, Jah Wobble.
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PERSONAL EMAIL TO: [EMAIL PROTECTED]
Title: Business Law Assignment
Business Law Assignment.
Areas of Law included:
- Data Protection Act.
- Computer Misuse Act
- Copyright Law
- Intellectual Property
A). What details should personnel be keeping in records on employees? Should they keep records of interviews for selection for posts and promotion, and why?
The Data Protection Act
The data held on computer come under the authority of The Data Protection Act. This requires W.I.S Limited to register with the Data Protection Registrar, what is held on their computer system and what purpose it serves. The personnel department would require fairly fundamental data on the companies' employees, which would be stored as a personal record.
The finance department for employee payee information could also use the record on a database system. As for keeping information on interviewee's, this is inadvisable as the reason for keeping personal data on a system just because they have had an interview at the companies premises is tenuous at best.
Information on people who made the top five in a short list would be useful however, so the information could be kept as a hard copy. This would make it non-applicable to the D.P.A and would make life easier for W.I.S Ltd.
The main principles of the D.P.A are:
- Information to be contained in a file should be obtained fairly and personal data shall be processed fairly and lawfully.
- Personal data shall be held only for one or more specified lawful purposes.
- Personal data held for any purpose or purposes shall not be used or disclosed in any manner incompatible with that purpose or purposes.
- Personal data held for any purpose or purposes shall not be kept for longer than nesercary for that purpose or purposes.
- Personal data shall be accurate, and where nesercary, kept up to date.
An individual shall be entitled to:
(a) At reasonable intervals and without undue delay or expense:
- to be informed by any data user whether he hold personal data of which that individual is subject, and
- to access to any data held by a data user, and
(b) Where appropriate, to have that data corrected or erased.
*Appropriate security measures shall be taken against unautherised access to or alteration, disclosure or destruction of personal data (*see computer misuse act).
B).
Alistair's Software Package.
To protect his work Alistair should use copyright. This will offer him quite extensive protection against someone using his software without purchasing a copy off him. Another tried and tested method of protecting software is in the form of licensing. Rather than a customer buying the software, Alistair could give it to them for free, but charge them for a license to use his software on one machine. If Hermann & Mckie Ltd. wish to use his software on more machines they will have to negotiate a multi-user license for the company. Providing the author with added opportunity to make revenue from his product. In exchange for the license the developers usually promise to provide support and updates to the software when and were it is required.
Breaking a License Agreement.
Sun Microsystems Vs Microsoft
Sun Microsystems are the owners of the Java operating system and compiler. To be able to use Sun's Java technology in a product, a company joins as a official Java developer and has to sign a license agreement which states that the licensee will not modify the core of the Java compiler without seeking authorization from Sun Microsystems beforehand. This was done to stop companies tampering with Java and damaging its universal compatibility with multiple platforms. Companies complying with this receive free technical support and are allowed to display the Java compatible logo on there products.
Microsoft in their Internet Explorer 4, Internet browsing package modified this core to enhance the performance of Java software under Windows 95. In doing so Microsoft broke the license agreement and its Java compiler failed basic compatibility tests with standard Java software.
Quote from
http://www.news.com/In a major win for Sun Microsystems (SUNW), a federal judge today ordered Microsoft (MSFT) to remove the Java-compatible logo from its products pending a final outcome in the case, representatives from both companies said.
The ruling, handed down late this afternoon by U.S. District Judge Ronald Whyte of San Jose, California, requires Microsoft to remove the Java logo from its Internet Explorer browser and Software Developer Kit for Java. In the past, Microsoft has used the logo to promote both products as being Java-compatible.
The preliminary injunction stems from a suit Sun filed in October, which alleged Microsoft's implementation of Java did not pass compatibility tests required of all licensees. Sun argues that until Microsoft passes the tests, the licensing contract prevents the software giant from using the Java logo to promote its products. In its lawsuit, Sun is asking the court to enforce those terms.
Alistair as part of his license agreement which comes into being when the software is installed (you have to agree to the license before installation of the software will begin). Could make a clause stating that the software cannot be modified in any form, or run on another machine without the express permission of the author.
This as well as copyright will help his case in the event of breach of the license agreement by the licensee.
An author whose moral rights have been infringed is entitled to an injunction and damages as can be seen in the case above, these moral rights continue for the same length of time as copyright, except for false attribution which continues for only 20 years after the persons death. Moral rights can be left by will or separately from any copyright and the beneficiary would then be able to enforce them in the same way as the original author.
Copyright not only protects the author's software from illegal copying and using of the software. It also protects its functionality, in that when developing a similar piece of software, no other author can copy his keyboard combinations and other unique interface designs. This is a subjective matter but is provable as in Lotus Vs Borland, whereby Borland in its Quattro Pro database created a file that made the software emulate Lotus 123's interface almost perfectly. A US court upheld a ruling on appeal that Borland had infringed on Lotus Corporations intellectual copyright in having this feature.
Although this is another US Case the arguments and decisions could be from anywhere and as software is such a special case, in that there are so many ways copyright could be broken, they are relevant.
If Alistair's software application contained a unique function that speeded up operation then that technique could be protected under a patient.
Sun Microsystems Vs Hewlett Packard
Quote from
http://www.news.com/
Regarding Hewlett-Packard, the other computing titan that has broken ranks with Sun, McNealy, as other Sun executives have done in the past two days, left open the possibility that HP has infringed upon Sun's intellectual property by creating its own version of the embedded Java Virtual Machine. At issue is whether HP has created a full replica of the standard Java technology--which is allowable under Sun's copyright--or a "subset" that is tailored to run on printers, pagers, and other consumer devices.
"Whether it's illegal or not, we don't want people to subset," McNealy said. He added yesterday that he spoke to HP chief executive Lew Platt Friday, showed him the copyright language, and explained what was allowable. HP executives claim they have followed the full specification and have not done anything wrong.
This case shows that even if a piece of software is rewritten the original license still stands, if another software company or person rewrote Alistair's application to perform the same task, the essence of the application would still be his intellectual copyright. Even if the new version was written in another language.
This case also shows that the license agreement would have to be written very carefully.
Semi Conductor product topographies.
This is a new form of intellectual property protection introduced into the U.K by statutory instrument under an E.C directive. It protects integrated circuit design layouts found in electrical goods, computers and hi-fi CD Players etc. It works in a similar way to literary copyright.
Quote from
http://www.news.com/
*Intel Vs DEC
Intel (INTC) and Digital Equipment (DEC) today announced a settlement in a patent litigation lawsuit filed by Digital in May, an agreement likely to have wide impact on the microprocessor industry.
The broad-based agreement includes the sale of Digital's semiconductor manufacturing operations to Intel for about $700 million; the cross-licensing of patents; supply of Intel and Alpha microprocessors; and development of future systems based on Intel's 64-bit microprocessors. Craig Barrett, Intel COO, lists settlement gains Detailed terms of the agreement were not disclosed.
"It's a win-win relationship between the two companies," said Craig Barrett, Intel's chief operating officer.
Barrett noted that the agreement will allow Intel to concentrate on its core business, give the chip maker an up-and-running manufacturing plant, provide additional revenue as Intel acts as a foundry for Digital's chips, and erase the litigation between the two companies.
Digital's highly publicized lawsuit had charged Intel with stealing key elements of its patented technology for the design of Pentium processors. Last week, analysts said they believed that an out-of-court settlement was imminent, as a hearing on Intel's related case against Digital in San Jose, California, last week was postponed.
Among the key components of the agreement:
The two companies will enter into a ten-year cross-licensing patent agreement.
Intel will purchase Digital's semiconductor operations, including facilities in Hudson, Massachusetts, as well as development operations in Jerusalem and Austin, Texas, for about $700 million. Barrett said the decision to delay opening a plant in Texas was based in part on its planned acquisition of Digital's manufacturing operations there.
Digital will retain its Alpha and Alpha-related semiconductor design teams to continue to develop future generations.
Intel will offer employment to other Digital semiconductor employees and will serve as a foundry for Digital for multiple generations of Alpha microprocessors.
Intel will provide Intel products and technical support to Digital consistent with practices for other major Intel original equipment manufacturers.
As previously reported by CNET's NEWS.COM, Digital will develop systems based on Intel's IA-64 architecture, the foundation of Intel's next-generation Merced chip. With technical assistance from Intel, Digital will port its
Digital Unix operating system to Intel's IA-64.
Intel will obtain rights to manufacture and sell other non-Alpha Digital semiconductor products.
Copyright Law. (Williams, Powell & Associates)
To protect his piece of work (* literary) the first and simplist way to get protection is to use copyright.
To prove copyright a number of conditions have to be met.
Subsistence
Copyright is automatic - it does not need to be registered. Copyright subsists in an original literary, dramatic, musical or artistic work from the moment it is recorded in writing or otherwise.
Originality
You can only claim copyright in something you have produced if it is original. If it is copied from another work it is not original. Copyright is to protect your own independent creative effort.
Ownership of Copyright
The first owner of the copyright in a work is the author, except where the work is made by an employee in the course of his or her employment, in which case the employer is the first owner.
A work is created in the course of your employment if it is your job to create the work - e.g. in the case of staff journalists.
The position of teaching materials produced by a teacher or lecturer is less clear-cut. Copyright in a lecture (if written down) probably belongs to the institution; copyright in a textbook written by the lecturer probably belongs to the lecturer.
Employment contracts often have specific clauses on this point. These contractual provisions can over-ride the basic rules.
What does Copyright protect?
The Copyright, Designs and Patents Act of 1988 affords protection over various types of works. The descriptions of works covered are:
(a) literary* dramatic musical artistic
(b) sound recordings films broadcasts or cable programs
(c) the typographical arrangement of published editions
*It is worth noting that the Act considers computer programs as 'literary' works.
Copyright also applies to works stored in an electronic medium.
How do you declare/prove copyright on a piece of work?
By stating so on a copy of the work. In the UK, copyright automatically exists if the work has been 'fixed' in some manner - if it physically exists - e.g. as a manuscript, computer program etc. There is no formal registration system and there are no forms to complete. You should mark the work with the word 'copyright', followed by the name of the copyright owner (e.g. a person or a company name) and the year of production. In the UK it is not a requirement that you use the international copyright symbol - © - but in some other countries it is necessary to do so. However, using the © symbol can help in legal proceedings against infringement.
To help establish when you created a copyright work there are a number of procedures you can follow:
1) Send a copy of the work (marked in the above manner) and securely sealed to yourself by registered post and do not open the package when it arrives. Keep the certificate of posting and the package in a safe place.
2) Deposit a copy of the work (marked in the above manner) and securely sealed with a bank or a solicitor.
These two methods help to prove that you had a copy of the work in your possession at the date of posting or deposit. The sealed package should only be opened in the event of a dispute, in the presence of witnesses and on the specific instructions of the solicitor acting for you in the case.
3) Send a copy of the work (marked in the above manner) to the
Whilst none of these actions will actually prove that yours was the original work in a case of infringement, it will help establish that your work existed at a particular time.
Will my work be protected outside the UK?
Yes, but not everywhere. International copyright conventions have been established in order to protect copyright works around the world.
What is not protected by Copyright?
Titles and names are not protected by copyright, but can be protected using a trade mark.
Ideas are not protected by copyright. Although if the idea (such as a story) is expressed in the form of a work (such as a book) then the expression of the idea is protected copyright.
Inventions are not protected by copyright, but can be protected by using a patent.
Designs are not protected by copyright. A design differs from an invention in that it is the look or shape of the product that is protectable. A design can be protected by a design right.
C).
For the use of the company, there is no reason why the system should not contain information on shareholders , although the information would have to be properly secured and used for relevant tasks, such as sending out reports etc.
If access to the information was gained by an unauthorized person this would constitute a breach of the Computer Misuse Act as would the selling of the information to another company. Unlike email address's which so far are not considered personal information and can be bought and sold. These services are usually used by companies wishing to SPAM (send unsolicited email) to people advertising a product or service.
Computer Misuse Act
The Computer Misuse Act contains 3 new offences
- Unauthorized access to computer material.
- Unauthorized access with intent to commit or facilitate commission of further offences.
- Unauthorized modification of computer material
This offence basically makes it illegal to hack into a computer system.
Maximum sentence is six months imprisonment or a �5000 fine.
This makes it illegal to gain unauthorized access to a computer system to facilitate a crime such as fraud.
The maximum sentence is 5 years imprisonment or an unlimited fine.
This offence includes hacking and intentionally changing or damaging data on a computer, this includes computer virus attack. The maximum sentence is 5 years imprisonment or an unlimited fine.
The Act also gives U.K courts jurisdiction to hear cases where an offence has been perpetrated abroad but had a connection to the U.K and allows for extradition to commence.
**** NOTE ****
In the US Computer crime is taken so seriously there are even starting degree courses in crime detection.
Quote from
http://www.news.com/UTICA, N.Y., April 28 � As the worlds of finance and technology become more
intertwined, the results also are breeding a new kind of criminal: one who
sees opportunities for fraud in this brave new world of money. But a New
York college is preparing students who will chase paper trails � in file
cabinets and in cyberspace � in order to catch the crooks.
HERE IN THE pastoral setting of upstate New York farm country, college
students are learning about the wicked ways of big-city economic crimes. At
Utica College of Syracuse University, students who show interest in problem
solving, math, accounting, computer science and criminal justice are
synthesizing those skills for use in the real world.
But these detectives may not necessarily work in law enforcement. And
they�re not just focusing on criminal justice courses. Like the fraudsters
they hope to catch, these students are immersing themselves in several
disciplines to get ready for the next financial crime wave. And for students
headed out into the business world, awareness of financial crime is rapidly
becoming a pre-requisite.
D).
Changing the companies' name to IBM would be a very fool hardly course of action indeed. I.T is a cutthroat business and companies' protect their trademarks and intellectual copyright very strongly indeed.
Trademarks are either common law unregistered trademarks or registered trademarks. A common law trademark is one that is used on or in connection with a class of goods that can be shown are recognized as coming form the company.
i.e. the shape of a Coca Cola bottle.
The definition of a trademark is a sign (or words) by which a product can be identified. A good example is the Pentium processor and the distinctive "du du du du" sound heard in adverts. Also the "Intel Inside" advertising campaign, can be seen as a trademark.
A quite recent case involving trademarks is the McVitees Vs Tesco Supermarket, where McVitees sued Tesco for using the Pellacan name on a biscuit with a wrapper that looked suspiciously looked like a Penguin wrapper with colour style and font all looking surprising close to the original brand.
The IBM logo is without doubt always connected with International Business Machines and would leave the fledgling company' wide open for litigation by IBM team of lawyers.
A case whereby two companies with strikingly similar names have negotiated a settlement without going to court is Apple Records (the Beatles Label) and Apple Macintosh. With there names and logo's being quite similar both companies settled round a table and agreed that Apple Records would not have anything to do with computers and software and Apple Macintosh agreed not to publish music. The agreement was made very acrimoniously and both sides stuck to the agreement.
