Computer Law and Intellectual Property

Computer Law and Intellectual Property



Computer Law and Intellectual Property

The information age; The computer era; The digital revolution; Although these are much hyped and sometimes exaggerated phrases, especially given the global disparity in information technology that exists between industrialised Northern countries and countries of the South , it is no exaggeration to say that truly wonderful communication possibilities have opened up in the past two decades. Almost on a weekly basis, new technologies are being created that hold out potentially transformative and more inclusive ways to communicate, to teach and to learn (Burk 2009), to compute and organise data, to conduct business, to promote democratic dialogue and improved governance and to organise resistance to injustice and oppressive governance. All who wish to participate in this global information age, however, need to have access to a computer. And such computers, the hardware component, require software for their operation. This software component exists in two basic formats or forms: the proprietary form, of which the best known example is the Windows computer operating systems of the US Microsoft Corporation, and FLOSS, Free/ Libre / Open Source Software. (Vaidhyanathan 2004)

This report focuses primarily on which type of software is the best form, now and in he foreseeable future, for the needs of countries of the South, examines the legal regimes protecting (and restricting) software, and tries to place software within the wider developmental agenda of such countries. (Shapiro 2007)

While certainly trying to avoid technological determinism, this report takes the view, as a starting point, that the question of what is the best form of computing software is far too important a matter to be left to Bill Gates, chairman of Microsoft, or, for that matter, to the programmers, (Schechter 2003) 'geeks' and 'hackers' — the terms are used here affectionately — from the free and open source software movements. Not only are a number of important economic issues at stake — for individual computer users, for software writers and programmers, for institutions and organisations providing computers, and for whole countries, especially those in the South — but so, too, is a range of complex political, social, and philosophical issues. As one organisation of computer professionals commented: Tomorrow's information and communication infra-structure is being shaped today. (Miller 2000) But by whom and to what ends? Will it meet the needs of all people? Will it help the citizenry address current and future issues? Will it promote democracy, social justice, and sustainability? Will the appropriate research be conducted? Will equitable policies be enacted?” (Mazzone 2006)

As is examined in more detail, it is argued here that governments in the South and those inside and outside governments who advise them (including commentators in the international development community, and those who lobby governments, such as NGOs) need to join into this debate as well. Already at least three countries, China, South Africa and, to a lesser extent India, have made important decisions in this debate. The Idlelo: First African Conference on the Digital Commons, held ...