In this study, triangulation was achieved through the various techniques of data collection as in Patton, Electronic surveys were sent to teachers four times during the program. To find what, when, and how teachers used technology tools and inquiry-based teaching during the fall semester, we sent a survey at the end of the semester.
The s and Early s When computer programs were first being developed, proprietary rights issues were not of much concern. Software was often developed in academic or other research settings. Much progress in the programming field occurred as a result of informal exchanges of software among academics and other researchers.
In the course of such exchanges, a program developed by one person might be extended or improved by a number of colleagues who would send back or on to others their revised versions of the software.
Computer manufacturers in this period often provided software to customers of their machines to make their major product i. To the extent that computer programs were distributed in this period by firms for whom proprietary rights in software were important, programs tended to be developed and distributed through restrictive trade secret licensing agreements.
In general, these were individually negotiated with customers. The licensing tradition of the early days of the software industry has framed some of the industry expectations about proprietary rights issues, with implications for issues still being litigated today. In the mids, as programs began to become more diverse and complex, as more firms began to invest in the development of programs, and as Page Share Cite Suggested Citation: The National Academies Press.
The industry had trade secrecy and licensing protection, but some thought more legal protection might be needed. Mids and s Copyright law was one existing intellectual property system into which some in the mids thought computer programs might potentially fit.
Copyright had a number of potential advantages for software: Others would be free to use the same ideas in other software, or to develop independently the same or a similar work.
Inthe U. Copyright Office considered whether to begin accepting registration of computer programs as copyrightable writings. It decided to do so, but only under its "rule of doubt" and then only on condition that a full text of the program be deposited with the office, which would be available for public review.
Protection lasted 28 years, but could be renewed for an additional 28 years. After that, the work could be freely copied. Upon publication, a copyright notice had to appear on each copy of the work or else the work would be considered to have been dedicated to the public domain.
The author would generally register the work with the Copyright Office upon publication. After this examination, and upon payment of a modest fee, the office would issue a certificate of registration. Unpublished works were generally protected by state law.
Under the Copyright Act ofthe rights of copyright attach to original works of authorship from the moment of their first fixation in a tangible medium and last for the life of the author plus 50 years.
Registration with the Copyright Office remains a simple inexpensive process; registration is necessary to bring an action for copyright infringement, but not for rights to attach. The case against copyright protection for computer programs in machine-readable form, Duke L.
The Copyright Office will deny registration to works that are clearly uncopyrightable but, on occasion, will register works about whose "copyrightability" the office has some doubt, leaving to the courts the ultimate question as to whether the work qualifies for copyright protection.
The registration certificate issued for such a work will reflect that its issuance was under the rule of doubt. Page Share Cite Suggested Citation: The requirement that the full text of the source code of a program be deposited in order for a copyright in the program to be registered was consistent with a long-standing practice of the Copyright Office, 5 as well as with what has long been perceived to be the constitutional purpose of copyright, namely, promoting the creation and dissemination of knowledge.
Some firms may have been deterred by the requirement that the full text of the source code be deposited with the office and made available for public inspection, because this would have dispelled its trade secret status.
Some may have thought a registration certificate issued under the rule of doubt might not be worth much. However, the main reason for the low number of copyright registrations was probably that a mass market in software still lay in the future.
Copyright is useful mainly to protect mass-marketed products, and trade secrecy is quite adequate for programs with a small number of distributed copies.
Shortly after the Copyright Office issued its policy on the registrability of computer programs, the U. Patent Office issued a policy statement concerning its views on the patentability of computer programs.
It rejected the idea that computer programs, or the intellectual processes that might be embodied in them, were patentable subject matter.
The office remains a subunit of the Library of Congress. The case against patent protection for algorithms and other computer program-related inventions, 39 Emory L.Read this essay on Science Technology Case Study.
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