LEGAL AND ETHICAL CONCERNS OF TECHNOLOGY

Ownership and Licensing:

Creations on a computer are owned by the creator or organization.
Concerns arise with the easy access and distribution of digital content, emphasizing the need for protective measures. Licensing options include:
Creative Commons, offering clear usage guidelines for intellectual property (IP).
Open source, allowing free use, redistribution, and modification of programs.
Open Access, enabling unrestricted access to online research.

Commit

Ethical Use and Citation:

Unauthorized use of someone else’s work is plagiarism, carrying legal consequences.
Legal utilization involves seeking permission from the creator.
Proper citation is essential when using material created by others.

Popcorn Hack #1

Can you give an two different examples of how you might use citations in everyday life? (1 chocolate per answer, 3 answers total)

Broad Access to Digital Information:

Creative Commons, open source, and open access contribute to widespread access to digital content.

Legal and Ethical Implications of Computing:

Computing has legal and ethical considerations, especially in social and political contexts.
The digital divide raises ethical concerns about unequal access to technology.
Innovations like biased algorithms and data-collecting devices pose legal and ethical challenges.

Intellectual Property and Copyright Protection:

Intellectual Property (IP) results from creative efforts and is protected by copyright.
Copyright ensures exclusive usage rights, requiring permission for use.

Consequences of Violations:

Plagiarism, presenting someone else’s work as your own, is against the law.
Legal avenues for using others’ work include licenses such as Creative Commons, open source, and open access.
People can face fines and prison sentences depending on the severity of the case.

Popcorn Hack #2

If a person copies and earns $2,500 from plagiarized work what legal repercussions could they face? Would they face fines or prison sentences, and for how long?

Copyright and Intellectual Property

Economic Rights: rights to financial benefits from the use of the work

Moral rights :rights that aren’t financial but are still important. For example, the right to claim authorship or the right to prevent harmful changes.

Copyright is not a new concept. Copyright laws have been around since the 18th century. However, the digital age has created new challenges to copyright and demands new ways to protect it as well.

Positives:

Negatives of copyright:

Copyright laws can get in the way of creative freedom as creators can get scared of building upon previous works because of copyright protection.
Copyright only offers limited protection. For example, copyright protects a particular expression of an idea (as in images, words or sounds) but it does not protect the idea or concept itself.

Using content created by someone else without permission or citation can have consequences, such as a fine or an order to remove copyrighted content.

If you claim the said content was your own, even unintentionally, you might be found guilty of plagiarism.

Plagiarism

Plagiarism is when you take the content of someone else and claim it as your own. The most common type of plagiarism students hear about is the plagiarism of written ideas and/or phrases. It’s possible to accidentally plagiarize by simply forgetting to cite the original source of an idea or phrase.

Plagiarism can have serious consequences, especially in the world of academia. It can get students expelled and see the careers of professors destroyed. Furthermore, there could be legal consequences as well.

It’s not difficult in the age of image searches and Turnitin.com to be caught plagiarizing or violating copyright. It can also be incredibly disheartening for content creators to see their hard work taken without permission or credit.

GPL and Black Duck:

In companies like Qualcomm, patents have been a way for the company to gain revenue. However, a term known as GPL(General public license) can create clashes with the legal rights of patents. GPL is known as the right for users to manipulate and use the software for their own benefits. GPL protects your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it. An example is linux. Linux is open-source(original code which is made free and available for the public.) software, and users have the freedom to view, modify, and distribute the source code, provided they also distribute any modifications under the same GPL license terms. Open source licensing also contributed to helping both contributors and users and they are a binding legal contract between author and user that declares the certain conditions in which a piece of software can be used.
Back to qualcomm, GPL can prohibit people from making money off of their patents, which doesn’t favor the creators of the code. Qualcomm instead wants something known as royalty payment where the ones using the code, patent, or idea should pay royalty. Royalty payment is defined as a regular fee paid by a licensee to a licensor in exchange for the licensee to gain access to the licensors code.
Black Duck® software composition analysis (SCA) is a tool that helps development teams manage risks linked to open source and third-party code in applications and containers. It addresses security, quality, and license compliance concerns, ensuring software integrity by identifying and mitigating vulnerabilities while maintaining adherence to licensing requirements.
This whoel comcept may sound simple and unimportant, but think about the Students of Today, often they are given an assignment and instead of developing their own algorithm they opt to copy something off the internet. Well, don’t think the Workers of Today are entirely different. In summary, it is important to know the type of software license you are copying, it could impact billions of dollars in business.

GNU:

GNU Stands for “GNU’s Not Unix,” an open-source operating system.
It is rooted in software freedom, emphasizing users’ rights to run, study, modify, and share software.
It includes the GNU Compiler Collection (GCC) and essential libraries, forming the foundation for various software applications.

GNU

Android vs Apple Copyright Case

7-year-long patent that resulted in a $1 billion ruling in Apple’s favor
Involved with similarities between the Apple iPhone and Samsung’s Galaxy S line
In 2014, the jury found in favor of Apple, awarding Apple almost $120 million for patent violations. However, the jury also found Apple also infringed Samsung’s patents, awarding $158,400
In the end, Samsung faced heavy losses but was able to gain more market recognition and grow its business ventures.
Helped set the precedent for patent and copyright cases

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Redhat Legal Implications

Open Source Compliance:

Crucial adherence to open-source licenses.
Non-compliance may lead to legal actions and reputational damage.

Patent Litigation:

Potential facing of patent infringement claims.
Costly legal battles impacting product delivery.
Claims involve unauthorized use of patented inventions, especially in software and open-source technologies.

Intellectual Property Protection:*

Balancing intellectual property protection with open-source principles is crucial for Red Hat.

Data Privacy and Security:

Strict compliance with data protection laws is essential.
Breaches may result in legal consequences and regulatory penalties for Red Hat.

Homework

Creative Commons Zero v1.0 Universal (CC0):
- Purpose: Primarily used for creative works like images, music, and writing, but can also be applied to software.
- Permissions: Allows users to copy, modify, distribute, and use the work, even for commercial purposes, without asking for permission.
- Restrictions: None. CC0 is effectively a public domain dedication, where creators waive all their rights to the work worldwide under copyright law.
- Warranty: Provides no warranty.
Open Source MIT License:
- Purpose: Widely used for software.
- Permissions: Allows users to do almost anything they want with the software, like using, copying, modifying, merging, publishing, distributing, sublicensing, and/or selling copies of the software.
- Restrictions: Requires that the original license and copyright notice be included with any substantial portions of the software.
- Warranty: Comes with a limited warranty and states that the software is provided “as is”.
Open Source GPL License:
- Purpose: Also used for software.
- Permissions: Like the MIT license, it allows users to run, study, share, and modify the software.
- Restrictions: Software derived from GPL-licensed projects must also be released under the GPL (copyleft). This means if you modify and distribute a GPL-licensed program, your modifications must also be open-source with the same license.
- Warranty: Similar to the MIT license, it disclaims any warranty.

Examples of Business Models Leveraging Open Source Licenses:
- Qualcomm:
  - Qualcomm has leveraged open-source software in their development of chipsets and telecommunications equipment. They often contribute to the Android Open Source Project (AOSP) since many of their products are used in Android devices.
  - By contributing to open source, Qualcomm can help guide the development of software in ways that complement their hardware, creating an ecosystem where their products are more valuable.
- Red Hat:
  - Red Hat is a prominent example of a company built around open-source software, specifically its Red Hat Enterprise Linux (RHEL) distribution.
  - Rather than selling software, Red Hat provides subscriptions for support, training, and integration services. This model allows customers to benefit from the open-source nature of the software while paying for the assurance of expert support and services.
Income Generation in Open Source Business Models:
- Why Income is Necessary: Even though the software is freely available, businesses still have costs like development, staff salaries, infrastructure, marketing, and support. Income generation is crucial for sustaining these operations.
- Managing within Open Source Constraints:
  - Support and Services: Many open-source businesses, like Red Hat, offer paid support, consulting, and training services. This approach is beneficial for enterprise clients who need assurance of reliability and support.
  - Dual Licensing: Some companies offer the same software under an open-source license and a separate commercial license, which might offer additional features, support, or licensing terms more suitable for commercial use.
  - Hardware or Software Integration: Companies like Qualcomm benefit from integrating open-source software with their hardware products, adding value to the hardware they sell.
  - Custom Development: Businesses often get hired to build custom features or versions of open-source software, tailored to specific needs of clients.
  - SaaS (Software as a Service): Offering open-source software as a cloud-based service can be a revenue stream. Users pay for the convenience and scalability of the SaaS model.

In all these models, the key is adding value around the open-source software in ways that customers are willing to pay for, without violating the principles and licenses of open source.

Extra Credit

Explain the significance of choosing an appropriate license for personal and team GitHub repositories, especially for the CPT project. How does this relate to the broader themes of legal and ethical concerns in computing?

Student Teach - Legal and Ethical Concerns of Technology • 29 min read

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