Proprietary Rights in Computer Software: Individual and Policy Issues

Deborah G. Johnson

1. Introduction

In this paper I want to focus on two central moral issues surrounding the ownership of computer software. These are the individual moral question and the policy issue. The individual moral issue is simply this: is it morally wrong for an individual (or company) to make an illegal copy of a piece of proprietary software? Here the question is one of what is right or wrong for an individual to do, given the law, and not a question of what the law should be. The policy issue centers on what the law should be and includes the following questions: Should computer software be private property? Does the extant system of copyright, patent, and trade secrecy protection adequately protect computer software? Does the system produce good consequences? I want to sketch positions on both of these issues taking the copying issue first, but recognizing that the two are somewhat interdependent.

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