Ethical Challenge of Protecting Software in Emerging Economies: Copyright Law and Enforcement in Pakistan :: Software Technology Protection Essays

Ethical Challenge of Protecting Software in acclivitous Economies Copyright Law and Enforcement in Pakistan Introduction The United States and Pakistan have similar laws protecting software using copyright and patents despite being at precise different stages of economic development. Pakistan has an emerging economy with a per capita gross domestic product of $2000 per capita and a literacy rate of 46%.i The US has a more mature economy with per capita GDP of $37,600 and a 97% literacy rateii. Despite having similar laws regarding copyright and patent protection Pakistan has rampant piracy problems not seen in the US. It is estimated that 95% of digital media sold in Pakistan is piratediii. This may be in part due to the high cost of software relative to income compared to US where software piracy exists but is less rampant. This dissonance raises the question Is it ethical to apply the same rules to two countries regardless of economic condition and industry maturity and wh at is the global effect of having the same laws but enforcing them otherwise?BackgroundTwo primary methods for protecting software throughout the world are patents and copyrightiv. Each permits a different measure of protection. The goal of each is to provoke the sharing of new inventions and creative functions while ensuring that the developer of the work is compensated. Copyright provides the copyright holder rights to the work for 75 years after creation or 50 beyond authors death whichever is shortest. It not only protects the actual syntax of the code from being copied but covers structure, sequence, and organization of the program. This is to prevent concourse from simply rewriting an application in another programming language. Copyright, as applied to more traditional written works such as books and songs provide for fair use by others. Fair use means that others can use a small portion of a copyright protected work without permission for certain reasons such as education or critical commentary. The fair use clause is not really applicable to software because it is archaic that a small portion of a computer program would be used in the situations covered by the fair use clause. This is an example of stretchiness an existing law to cover new technology. Patents protect software in a different way by giving the creator rights to the process performed by the protected program.