Technological Institute of the Philippines

938 Aurora Blvd. Cubao, Quezon City

College of Information Technology Education

GEE 002 – General Education Elective 2

Midterm Period

Name: EDEM, LUCKY KARMELA Date: December 9, 2021

MORENO, TRACY MARIE
CUVIN, OLIVER BERNARD
Program / Section: CE22S1 Instructor: Ms. Jasmin Alonzo Caliwag
Assessment Task: Assignment No. 3.1- Network Communication and Intellectual Property

Instructions:
- Read the questions carefully.
- Provide answer that will satisfy the requirements
- Save your work as SURNAME1_SURNAME2_SURNAME3_ Assign3.DOC

Requirements:

1. Discuss the Software Ownership Rights

● Commercial software

Commercial software is any software or program that is designed and developed for
licensing or sale to end-users or that serves a commercial purpose. Commercial software was
once considered to be proprietary software, but now several free and open-source software
applications are licensed or sold to end-users (Techopedia, 2021).

To give an example of commercial software is Microsoft word. It is a word processor that

lets users make and edit text documents, such as reports, letters, and résumés and run spell-
checks on writing (Santos, n.d.).

● Shareware

Shareware is software that is available free of cost but only up to a certain time limit.
Furthermore, after the time limit, the user has to pay the money to use the full-featured version of
the software. Since, after the time limit, the software deactivates itself. Its main advantage is that
users can understand and know about the software before buying (Toppr, n.d.).

An example of shareware software is Skype. Skype is software that enables the world's
conversations. Millions of individuals and businesses use Skype to make free video and voice one-
to-one and group calls, send instant messages and share files with other people on Skype. You
 can use Skype on whatever works best for you – on your mobile, computer, or tablet (Microsoft,
2021).

● Freeware

This software provides the full-featured version of the software. But, at the same time, the
user has to pay an amount for the premium version. The premium version of the software contains
some advanced features of the software. Therefore, all the basic features are free of cost but the
special features are provided only after purchasing the license (Toppr, n.d.).

An example of Freemium software is adobe pdf. It is where you can scan paper
documents and forms to save as Adobe PDF and get smart files that are easy to search, share,
and store. Adobe PDFs use optical character recognition (OCR) technology, so you can edit and
comment on the documents you've scanned. (Adobe, 2021)

● Public domain software

No one owns public domain software, which means it can be used, modified, and
commercialized by anybody. Typically, public domain software is uncopyrighted, unpatented, and
unconstrained by its developer/author, either purposefully or voluntarily. It differs from free software
and freeware, protected by copyrights and patents (Techopedia, 2019).

An example of public domain software is Secure Hash Algorithm 3 (SHA-3). It is a program

that converts data of different sizes into a standard format. Castle Doctrine is a puzzle and strategy
game created in 2014 and distributed to the public domain (Wolfe, 2019).

● Open-source software

It is software that is distributed with its source code, allowing it to be used, modified, and
distributed under its original license terms. Most computer users cannot view source code, which is
the code that programmers use to govern how a program or application operates. Programmers
with access to source code can modify a program by adding it, changing it, or fixing broken parts.
OSS usually comes with a license that allows programmers to customize the software to their
specific needs while also controlling how it is disseminated (Synopsys, n.d).

OSS examples are the following: GNU/Linux, Mozilla Firefox, VLC media player,
SugarCRM, GIMP, VNC, Apache web server, LibreOffice, and jQuery.

2. Based on the provided software ownership right above, which is the best among Software Ownership?
Explain your answer.
 From the software ownerships mentioned above, the best among them is Open Source Software
(OSS) because it is free to use and flexible. It allows developers to work on codes and modify problematic
parts of the software to cater to their needs better. Furthermore, it is stable and publicly distributed,
alleviating the worry that its creators may discontinue the project. It also fosters inventiveness in the
community of programmers by improving existing software to come up with better ones. It is also a good
platform for beginner programmers.

3. Provide a comparative analysis of the following terms:

● Patent

A patent is an exclusive right granted to an invention. In other words, a patent is an exclusive right
in a product or process in general that provides a new way to do something or presents a new technical
solution to a problem. To obtain a patent, technical information about the invention must be disclosed to the
public in the patent application. The patent owner may authorize or authorize other parties to use the
invention under the terms agreed upon by the two parties.

● Trademark

The term trademark refers to a recognizable symbol, phrase, word, or symbol that identifies a
particular product and legally distinguishes it from all other products of that type. A brand identifies a
product only as belonging to a particular company and recognizes ownership of that company's brand.
Trademarks are generally considered a form of intellectual property and may or may not be registered.
Brands not only differentiate products within the legal and business systems, but, just as importantly, help
differentiate them from consumers. These are used to identify and protect the words and design elements
that identify the source, owner, or developer of a product or service.

● Copyright

Copyright refers to the legal rights of the owner of intellectual property. Simply put, copyright is the
right to copy. This means that only the original creator of the product and those authorized by them have
the exclusive right to reproduce the work. Copyright gives the creator of the original material the exclusive
right to continue to use and reproduce this material for a period of time. The copyrighted object is then in
the public domain.
 COMPARATIVE ANALYSIS

Right Protected

PATENT

· Right conferred in respect of a new invention to manufacture the product patented or use the process
patented.

COPYRIGHT

· Right conferred in respect of original, literary, dramatic, musical and artistic works, cinematograph film
and records.

TRADEMARK

· Right conferred to use a particular mark, which may be a symbol, word, device applied to articles of
commerce to indicate the distinctiveness of goods.

Time Period

PATENT

· 14 years and in case of food and drugs 5 or 7 years.

COPYRIGHT

· Life time plus 50 years for literary, dramatic, musical and artistic works. 50 years from year of
publication for records.

TRADEMARK

· 7 years and may be renewed from time to time.

Who Can Register?

PATENT

· Actual inventor or an assignee of the right to make an application or legal representative of either.

COPYRIGHT

· The author or publisher of, or owner of or other person interested in the copyright in any work.

TRADEMARK

· Proprietor of the trademark and application may be made in the name of an individual, partners of a
Firm, Corporation, Government department or Trust.
Commercial Use

PATENT

· Assigning rights or licensing them to industrialists for a lump sum payment or royalty basis.

COPYRIGHT

· By assigning or licensing the right to others on a royalty or lump sum basis.

TRADEMARK

· Licensing the right by registration of the licensee as a registered user.

Remedy For Infringement

PATENT

· Injunction, Damages, Accounts of profits.

COPYRIGHT

· Civil, Criminal, Administrative.

TRADEMARK

· Injunction, Damages, Accounts of profits

References:
Adobe. (n.d.). What is a PDF? Portable document format . Www.adobe.com.
https://www.adobe.com/acrobat/about-adobe-pdf.html

Helpline Law. (n.d.). Comparative Analysis. Retrieved December 9, 2021, from

http://www.helplinelaw.com/business-law/COMPA/comparative-analysis.html

Santos, A. B. (n.d.). Learn how to create documents, make sleek and informative presentations
like a real professional using our handy guide to Microsoft Office Software. SoftwareKeep.
https://softwarekeep.com/help-center/introduction-to-microsoft-office-software

Skype. (2019). What is Skype? Skype.com. https://support.skype.com/en/faq/fa6/what-is-skype

Techopedia. (2021). What is Commercial Software? - Definition from Techopedia .

Techopedia.com. https://www.techopedia.com/definition/4245/commercial-software

Toppr. (n.d.). Shareware. https://www.toppr.com/guides/computer-science/computer-

fundamentals/open-source-concepts/shareware/
Assessment Tool:
This assessment will be graded using Rubric for Essay