Intellectual property, occasionally abbreviated IP, is a legal delineation of ideas, creations, artistic works and other commercially viable goods created out of one's own mental processes. In the identical sense that genuine estate names and bills of sale set up ownership of tangible pieces, thoughtful house is protected by such lawful means as patents, copyrights, and trademark registrations.
Intellectual property is usually managed in the identical way as any other substantial product or part of genuine estate. The Coca-Cola company, for example, has legal ownership of several factories, the bottling equipment, trucks for transporting their product AND the formula for the soft drink itself (Krattiger, 56). The intellectual house renowned as the secret recipe for the Coca-Cola beverage is belongs to' outright. Obviously other beverage businesses can make a cola-flavored soda, but Coca-Cola's equation is defended by trade secret registration.
In common usage, we also treat computer software as tangible personal property. We go to stores to buy software and pay for it with the same credit card we use to buy mouse pads in the next aisle. We take our new software home, put it in our computer, and it does our bidding. But this concept of software as personal property is incomplete. There is much more to programs than the computer disk it arrives on. As one California court composed in 1948, house is a very very wide concept that includes not only the substantial but furthermore “every intangible advantage and prerogative susceptible of ownership or disposition.” Computer software is this kind of intangible house because, under the regulation, it arrives with specific but intangible benefits and prerogatives that can be separately belongs to and disposed of. In most respects, intellectual property law is very different from the law of both real and tangible personal property but, in at least one respect, the laws are similar. An owner of any form of real or personal property, including intellectual property, may sell or gift it, dispose of it upon his death by will or trust, or have it taken from him by a bankruptcy court. I will discuss the effects on open source software of the laws of disposition of property at the appropriate places in this book. The first task, however, is to identify the varieties of intellectual property that can be embodied in software. That will help explain why the owners of intellectual property in software do not have unlimited rights to its exploitation and use, but they often have enough rights to protect their property from unauthorized exploitation by others. The boundary line between expression and idea is very fuzzy in computer software. There may be two hemispheres, but there is one brain, and ultimately the software products of our creative intellect are simultaneously art and science, simultaneously expression and idea. I remember, for example, while a graduate computer science student reading Donald Knuth's The Art of Computer Programming , coming to appreciate that his programs (and a few of mine) were truly works of art ...