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Clean room procedure in software development

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Clean room procedure in software development

  2. 2. Computer Software is protected under 3 different IP heads:<br />
  3. 3. Indian Copyright Act, 1957<br /><ul><li> Sec 2 (o)- “LITERARY WORK”</li></ul>Literary works includes “computer programmes, tables and compilations including computer literary data bases”.<br /><ul><li> Sec 2(ffc)-“COMPUTER PROGRAM”</li></ul> Computer program is a “set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular results”.<br />
  4. 4. Copyrightable Subject matters<br /> Original works of Authorship<br /> Fixation in a Tangible Form<br />Works not protected under copyright:<br /> Facts<br /> Work created by Government . <br /> Works not fixed in a tangible form<br /> Ideas, concepts or principles<br /> Works in the public domain<br />
  5. 5. What are the rights granted to the owner of computer software?<br /> Reproduction<br /> Performance<br /> Translate<br /> Adapt<br /> Issue copies<br /> Sell <br /> Give on commercial rental<br /> Copyright infringement exists if you exercise one or more of the above said exclusive rights held by a copyright owner without the lawful owners permission.<br />
  6. 6. What amounts to infringement of Computer Software?<br /><ul><li> Unauthorized copying of computer software.Like., Softlifting, Counterfeiting of software, Internet piracy etc.
  7. 7. Any person not being a licensed user, does any act related to the exclusive rights of the owner of the copyright without his permission.
  8. 8. It is not necessary that the entireoriginal work be copied for an infringement of the reproduction right to occur. All that is necessary is that the copying be "substantial and material."</li></li></ul><li><ul><li>Permitted copying of Computer Software: If you are the owner, or a licensed user of a piece of software, you may make a copy of it for the purposes mentioned below: 1. Normal use or study 2. Security testing 3. Error correction 4. Interoperability 5. Normal backup copying 6. To use a copy and store the original </li></li></ul><li>What is clean room?<br />It is a type of software development approach where most of the software developers follow this approach to develop software with certifiable reliability. This clean room is to deny the entry of defects during the development of software. The approach aims at high probability of zero defects.<br />A new product is developed by reverse engineering an existing product, and then the new product is designed in such a way that copyright infringement is avoided. <br />It avoids copyright infringement litigation.<br />
  9. 9. <ul><li> In ABKCO Music v. Harrisongs Music, {FN105: 722 F.2d 988, 221 USPQ 490 (2d Cir. 1983)} George Harrison was found to have infringed the copyright of “He’s So Fine,’” a song that he had heard years before, when he wrote “My Sweet Lord.”
  10. 10. Defeats the “proof of access” element.
  11. 11. Clean room procedure is a way to avoid infringement when writing a program similar to another program. </li></ul> The Plaintiff,<br /><ul><li> Need not prove the actual copying.
  12. 12. It is enough to prove that the accused party had access to the code.
  13. 13. The accused party’s code is substantially similar to the claimant code</li></li></ul><li>Basic requirements:<br />1. No contact between “Clean room designers” and “Dirty room Designers”.<br />2. Location of clean room shall be at distance from possible social contacts.3. A credible person shall act as a monitor for all information’s passed into the clean room to assure that public information is alone introduced. An Independent person shall be appointed for this purpose.4. Any information of the original software such as module designations, names of variables, file layouts etc., shall not be allowed into the room as it would influence the structure of new software.<br />5. Keep records of information's that goes in and out of the clean room.<br />6. All communication between clean room occupants and anybody else shall pass through the monitor, as there is always the suspicion that other information's may be passed.<br />7. Complete records of day-day activity shall be dated and attributed.<br />8. The program shall not be evaluated before the activity ends. <br />
  14. 14. CASE STUDY: <br />Nordstrom Consulting, Inc. v. M&S Technologies, Inc. (N.D. Ill. 2008).<br />
  15. 15. THANK YOU<br />