MODULE 11 Activity 1
1. Account for the court ruling in the four cases discussed above on ethical grounds. That is, explain from an ethics standpoint the court ruling in each case.
CASE#1: Whelan vs. Jaslow case
The ethics standpoint Jaslow has the right to take a legal action because even a Whelan produce another system in different programming languages the owning of a patent on a computer algorithm and flow of the program will have the same output.
CASE#2: Computer Associates vs. Altai
In this case, Altai’s had no case of infringement because they have one programmer who made their program. It has a big possibility of having a similar output, it is because of the idea of the programmer. It is hard for the programmer to get another idea if they have the same initial problem, automatically same procedure or processing that the programmer will use.
CASE#3: Apple vs. Microsoft
In this case, the “look and feel” of a program, which is the way the program appears on the screen and interfaces with users, is also considered as part of ownership trade secrets and patent. For my judgment in this case, maybe they have similar in attraction and color combination but not the way of program it presented. I am agree with the decision of the court regarding the case because they only have a similarity, means it’s not exactly the same.
CASE#4: Lotus look and feel suit
In this kind of case, I ask my self why they have different policy, rules and regulation or even decision since they are in one country which is US. The Lotus won consecutive cases and they have the right of appealing the case but, why Borland won in the US first Circuit Court? And another question in my mind is, why does the US Supreme Court did nit finalize the case since they are the one who will close the issue and give enlightenment for the companies involved? I think the problem is in the part of their government. I can not see the dignity and honor of the person in the US Supreme Court, maybe this is the virtue of ethics needed on their position.
CASE#1: Whelan vs. Jaslow case
The ethics standpoint Jaslow has the right to take a legal action because even a Whelan produce another system in different programming languages the owning of a patent on a computer algorithm and flow of the program will have the same output.
CASE#2: Computer Associates vs. Altai
In this case, Altai’s had no case of infringement because they have one programmer who made their program. It has a big possibility of having a similar output, it is because of the idea of the programmer. It is hard for the programmer to get another idea if they have the same initial problem, automatically same procedure or processing that the programmer will use.
CASE#3: Apple vs. Microsoft
In this case, the “look and feel” of a program, which is the way the program appears on the screen and interfaces with users, is also considered as part of ownership trade secrets and patent. For my judgment in this case, maybe they have similar in attraction and color combination but not the way of program it presented. I am agree with the decision of the court regarding the case because they only have a similarity, means it’s not exactly the same.
CASE#4: Lotus look and feel suit
In this kind of case, I ask my self why they have different policy, rules and regulation or even decision since they are in one country which is US. The Lotus won consecutive cases and they have the right of appealing the case but, why Borland won in the US first Circuit Court? And another question in my mind is, why does the US Supreme Court did nit finalize the case since they are the one who will close the issue and give enlightenment for the companies involved? I think the problem is in the part of their government. I can not see the dignity and honor of the person in the US Supreme Court, maybe this is the virtue of ethics needed on their position.
posted by Vicky O. Elardo @ 2:32 AM
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