Case Study 2 – SDX Alliance

I. Synopsis/Executive summary

SDX Alliance is a large company that sells computers, computer components, and software. Ralph on
the other hand, is employed as an entry level engineer at the said company. As his project was to assist in
writing a code for SDX Alliance’s new hard disc controller, he had used the same code that he uses in his
last job. Now, this is a prime example of an issue regarding intellectual property. As the case goes, Ralph
had used a code developed when he was in another company there is a need to know what should SDX
do as a company.

II. Findings / Identification of Problems

The main problem in the given case is that the code that Ralph used in the SDX Alliance new product
was copied from another company he previously worked with. As he quietly re-uses the code it was
subsequently found out by the quality assurance team during the process review. It was also seen that
the previous company had intellectual rights over the code used. Ralph did admit that it was only an
honest mistake and that the company was a start up and is unsure whether they can get hold of the owner
of the copyright.

III. Discussion

The main issue arises when the code was quietly re-used. It may not be explicitly stated by the
previous company that Ralph can’t re-use the code but ethics suggest otherwise. It is an unwritten rule
that any information you know should be confidential even when you had separated with the company.
As Ralph wanted to impress his boss, he did not consider the ethical issues that may arise. According to
the World Intellectual Property Organization (WIPO), intellectual property refers to "creations of the
mind: inventions, literary, and artistic works, and symbols, names, images, and designs used in commerce.
IP is divided into two categories: industrial property, which includes inventions (patents), trademarks,
industrial designs, and geographic indications of source; and copyright, which includes literary and artistic
works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings,
photographs and sculptures, and architectural designs. Rights related to copyright include those
of performing artists in their performances, producers of phonograms in their recordings, and those
of broadcasters in their radio and television programs."

IV. Conclusion

To sum up, even though there are issue that arise in the project, which is the copyright. They can still do
some measures to correct it. The issue had made some set backs with their project. Ralph has the
responsibility to made himself aware and be more mindful of the things that he is doing as this could
affect not just himself but also the company that he is with.

V. Recommendation

Ralph can resolve the dispute of copyright infringement through direct negotiation with the previous
employer if not, a notice and take down process, or by litigation in civil court. If Ralph and SDX Alliance
cannot use the code, then they should take it down and look for other sources with no copyright
infringement. Ralph should make necessary measures to make himself aware of the consequences and be
more aware of the laws in the workplace.
VI. Reference

https://www.wipo.int/portal/en/index.html