2 research outputs found
Knowledge and innovation in intellectual property : the case of computer program copyright
Information economics 1s used to develop a model of technological
innovation which is applied to the case of computer program copyright.
A critical outline of the neo-classical economic perspective of innovation
and Arrow's concerns regarding appropriability of information is
provided. This perspective justifies intellectual property institutions as a
correction of market failure and as a "reward for invention". The same
literature marginalises countervailing arguments including monopoly
distortions, alternative sources of innovator reward and the potential for
anti-competitive strategies.
Information economics provides a distinct and preferred perspective in
the analysis of technological development and in the role of intellectual
property in the promotion of innovat~on. The conception of information
as a resource, rather than as a commodity, implies that information is part
of a shared technological capital, whose indivisibilities should be
exploited for social benefit. The information perspective conceives
innovation as a messy, evolutionary and interactive process involving
many participants, and a cycle of innovation characterised by incremental
improvements, imitation and learning strategies, and technological
trajectories influenced by bounded rationality. These environments will
also generate powerful network externalities.
A model of innovation based on these assumptions is developed which
incorporates two major distinctions. One is between tacit and codified
knowledge; the other is between technology and technological artefacts.
This knowledge-artefact distinction is defined in the innovation model by
the concept of an information technology artefact, characterised as a
physical product whose underlying means of creation is not
communicated by mere possession of that product. This innovation
model is reconciled to the intellectual property regimes of confidential
information, patent and copyright, demonstrating the use of legal
doctrines to encourage the diffusion of tacit knowledge through society.
Applying the innovation model to the question of computer programs, it
is argued that programs in their executable of machine code forms
correspond to the concept of an IT artefact, in that possession of machine
code does not imply access to the underlying source code. The process of
software development and the utility of decompilation are discussed in
this context, particularly the lack of isomorphic correspondence between
machine code and third or higher generation source code languages. The
close analogy between the software development model and the scenario
of confidential information suggests a limited role for copyright of
computer programs beyond a prohibition of literal copying or piracy.
Arguments favouring broader protection of non-literal elements of
computer programs are critically reviewed and prescriptions for
proprietary protocols, user interfaces and standards in the literature are
rejected as inconsistent with the realisation of network externalities by the
software industry. An information economics perspective instead
recommends the encouragement of reverse engineering and imitative
competition provided that developers implement their own source code
solutions to invest in the diffusion of tacit programming knowledge.
Decompilation should be permitted to provide a limited degree of access
to internal interfaces and communications protocols. Elements of a user
interface should not be protected. Copyright regimes in the United States,
Europe and Australia are assessed against the policy prescriptions
generated by the application of the innovation model to computer
programs. The influence of political actors and international pressures
such as TRIPS are noted. It is hoped that the infusion of an information
economics approach might trigger the switch in perspective needed in
policy debates to preserve the integrity of the intellectual commons
Space station data system analysis/architecture study. Task 2: Options development, DR-5. Volume 2: Design options
The primary objective of Task 2 is the development of an information base that will support the conduct of trade studies and provide sufficient data to make key design/programmatic decisions. This includes: (1) the establishment of option categories that are most likely to influence Space Station Data System (SSDS) definition; (2) the identification of preferred options in each category; and (3) the characterization of these options with respect to performance attributes, constraints, cost and risk. This volume contains the options development for the design category. This category comprises alternative structures, configurations and techniques that can be used to develop designs that are responsive to the SSDS requirements. The specific areas discussed are software, including data base management and distributed operating systems; system architecture, including fault tolerance and system growth/automation/autonomy and system interfaces; time management; and system security/privacy. Also discussed are space communications and local area networking