GRAPE: protection oI soItware elements using intellectual

property rights
Avinish Kumar
1*
, Rachit Garg
2
and G. Geetha
3

1, 2, 3
School Of Computer Applications, Lovely Professional University, Phagwara, 144 402, PB, India
Abstract
Computer programs or the computer soItware is a composite advantage oI technical inventions that can be protected by a
series oI intellectual property rights. The diIIerent set oI instructions enables the computer hardware to perIorm the diIIerent
kinds oI Iunctions or the computational behavior. It is signiIicant to protect the soItware and even the code or the instructions
that is used to build the soItware. DiIIerent categories oI the intellectual property can be applied on the soItware as well as on
the set oI the computer instructions or program code. GRAPE soItware will be used to detect the diIIerent kinds oI plagiarism
and IPR module will play a role to check the diIIerent violations. It will evaluate the results generated aIter the detection and
identiIication oI plagiarism Ior IPR violations. This paper will give Iocus on the usage oI IPR to protect the soItware
elements..
2013 Elsevier Science. All rights reserved.
Keywords: IPR, Copyrights, Computer SoItware, Computer Programs, Ranking
1. Introduction
The inIormation technology plays an important role in the society, with the use oI inIormation technology the soItware are
developed and these soItware are used at the various levels i.e learning, research and administration within the organizations
not only in the organizations but also in the human`s atmosphere such as Iamily appliance, vehicles, air-planes, the electronic
gadgets and other comparable products.
SoItware plays an important role in the automation. Maximum organization present in the market uses diIIerent
ERP(Enterprise Resource Planning) products also known as the organizational soItware which helps the organization Ior the
eIIicient management in the system. SoItware is developed and will be deployed in various Iorms. SoItware must be lawIully
protected by use oI IPR and 'technical rights. The soItware will be used with some requirements and that requirements in
technical rights are, under which the soItware is acquired is reIerred to as licenses, are liable to speciIy authorized uses and
conditions Ior such use|1|.
The soItware is developed with the help oI the computer and a computer cannot be operated without the instructions. The
computer programs are developed in the programming language. The kind oI appearance oI the program which is on the
computer screen is reIerred to as the source code and another Iorm oI appearance is the known as the object code and is
generated during the compilation process where the program instructions set is compiled into the digital values 0 and 1. The
kind oI value (0 and 1) known as the binary language and CPU only understand the binary values. In this Iorm the program is
incomprehensible Ior persons, but is a machine readable Iorm |2|.

1.1 Need to protect the computer programs

The computer programs are written by using the syntax and semantics oI some programming language and programmers
are hired Ior the same, so the cost to produce the computer programs is very heavy and their protection against illegal copying
and make use oI, are oI critical importance.

*
Corresponding author. Avinish Kumar

Proceedings oIInternational ConIerence on Computing Sciences
WILKES100 ICCS 2013
ISBN: 978-93-5107-172-3
103 Elsevier Publications, 2013
Avinish kumar, Rachit Garg and G. Geetha


The legal protection is oI much importance because without such protection, producers oI computer programs would not
be able to recover their investment, and so the creation and development oI this signiIicant side oI computer technology would
be jeopardized |2|.
DiIIerent kind oI inventions in the world oI inIormation technology or computer programs can be protected by use oI
copyrights, patents and trademarks. But there is argument on what aspects oI a program are copyrightable? How much more
than the literal work can be covered? How the diIIerent elements oI soItware can be covered by a patent |3|. The next sections
will describe the importance to protect the computer programs
2. Importance of Software/Computer programs and IPR
The computer programs can be protected by the use oI IPR and copyright is the most important IPR, the need arises to
protect the computer programs is , iI the programs code unlawIully disclosed to some unauthorized user, then this may be both
a breach oI assurance and a breach oI the contract oI usage|4|.

2.1 Software behaviour

The combination oI diIIerent program modules makes the soItware. The program behaviour and source code text are
loosely connected. Sub modules in the text oI a program can be randomly reordered without having any eIIect on program`s
behavior and even the two programs with the diIIerent text can produce the identical behaviour |3|. The behaviour oI the
program is very much important because everybody pays only Ior soItware behaviour.

2.2 Copyright

The copyright ensures that the original work cannot be copied without the permission oI the author. The computer
program instructions can be protected by copyright but it will be protected as a 'literary work. The diverse ideas, concepts
and algorithms cannot be copyrighted, the reason Ior the same is, a computer program can be written by looking at the
algorithm and the source code oI the program can be protected as a 'literary work or the Copyright code. Again by looking at
the same program source code the new algorithm can be written in a new style and that would be legal. Under the Copyright
Act, 1957, computer programs or instructions set are considered as literary work, which is articulated in print or writing
irrespective oI the question oI its literary merit or quality|5|.
II the computer instruction set is protected under the copyright law then it places the number oI restrictions upon use |1|,
which include
Whole and provisional copying Irom any oI the copy righted program as Iull or a important part.
Communicating to the public through diIIerent channels. Advertisement through online blogs, bulletins or making
it available on a website without the permission oI authorized user.
Making a new version Irom the copyright content. Includes a translation Irom the original language into another
computer language. This includes modiIying oI any elements, e.g. a program is written in 'C language and also
protected as a copyrighted content but later on same program is translated using 'C language that will be
considered as inIringement to the original content .Combination or incorporation with other copyright works.
Distributing the copyright work
Rental
De-compilation oI a program, unless it is Ior the purpose oI creating an interoperable program
Copyright is a special right under the Law and which means that some oI the restrictions will be applied and usage oI the
copyright work will only be available with the permission oI the copyright holders or unless the copyrights are expired.
The Iollowing points are there which are not protectable or
The graphical user interIace oI the soItware or the module oI the program which enables the communication among
the user and the soItware
The Iunctionality oI the computer program can`t be protected under the copyright law and it will not be an inIringement oI
copyright to replicate the same Iunctionality in another program because by looking at the program code it is possible to
produce the same behaviour by writing the another instruction set.




104 Elsevier Publications, 2013
GRAPE: Protection of Software Elements Using Intellectual Property Rights


Table 1: The Sum oI Two Numbers In C language

Void main()

Int a5, b5,c0;
Cab;
PrintI('d,c)
}

Code 1
Void main()

Int d5, e5,I0;
Int sum();
Isum()
printI('d,I);
}
Int Sum()

Return(de);
}

Code 2


From the above Consider the Code 1 as literary work and behaviour oI the code 1 is addition oI two numbers. Code 2 also
produces the same behavior as the Code 1 does, but it would not be inIringement oI the copyright, because the Copyright Law
considers the instruction set oI any language as a 'literary work.

A programming language has its own syntax and Iile Iormats. II one obtains the programming code or compiled
code oI a protected computer program along with its actual syntax and Iiles Iormats and then creates same elements
in another computer program, then this could be an inIringement oI the copyright in the original program code and
complied code. But this is not even necessary that computer programming language and the kind oI Iile Iormat used
might be protected as other types oI copyright work
Instructions set, either independently or combined as a compilation, and the syntax oI the commands
3. Difficulty in IP protection for the different elements of the software[6]
Computer programs are the set oI instructions and data deIinitions that enable computer hardware to perIorm the control
Iunction. IP protection applies diIIerently according to the manner in which those instructions and deIinitions are expressed.
Computer programs consist oI source code and object code. The source code is in the written Iorm and it is deIined as the
literary work and also protectable under copyright law. The most important characteristic oI computer programmes is the Iact
that they behave`: the importance oI programmes lies in that they provide instructions to make hardware perIorm certain
tasks. Sometimes programme behaviour can be considered expressive` in a traditional copyright sense and, thus, copyright
applies|6|. Behaviour is not a secondary aspect oI computer programmes, but rather an essential part oI what programmes
are|6,7|. The behaviour oI the soItware is totally independent Irom the literary work because the two diIIerent programs with
diIIerent instructions set can produce the same behaviour. Copyright merely extends to the expression oI the programme in
the Iorm oI either source code oI the program or object code, but does not aIIord protection to the way the programme works.
4. Violations
The above explanation shows the importance oI the copyrights in the world oI inIormation technology and it is very much
important to secure the digital inIormation. During the development oI the soItware, it goes through the diIIerent phases also
known as the Iull soItware liIe cycle development, so the chances are there that 'THE THEFT can be possible at every
segment oI the soItware development liIe cycle, the requirements, the design, a technical solution and even the quality
assurance scheme can be stolen. II all oI these are protected under the copyright law, then it would be consider as copyright
inIringement iI someone violates the copyright rules. The diIIerent types oI copyright inIringement include the piracy and
theIt. The soItware piracy includes the illegal copying and distribution or the use oI the soItware. SoItware instructs the
computer includes micro code that controls the execution, the operating system and the application soItware that is used to
perIorm a particular task. Piracy occurs when copyrighted soItware is available to users, without the permission oI the
105 Elsevier Publications, 2013
Avinish kumar, Rachit Garg and G. Geetha

copyright holder. Such illegal soItware can be obtained Irom online sources such as online advertisements newsgroups,
websites and auction sites|9|.

4.1 Stop Violations

It is really important to secure the digital inIormation and the technology can be used to design any soItware or the tool
who stops such types oI violations. Event during the development oI soItware the IPR can be applied on to the diIIerent
phases oI SDLC|10|











Fig. 1. Use oI IPR during SDLC
The Iigure 1|10| explains the protection oI diIIerent elements oI the soItware and the multiple IPR can be generated in the
development oI the soItware as illustrated in Iigure 1. The intellectual property system grants a set oI exclusive rights to the
owner oI intangible assets, such as inventions, brands or designs |10|. Many organizations has started to Iind out, who
actually exploits the IPR.
Turnitin is a soItware used Ior Plagiarism detection and Wikipedia along with Turntin have taken an initiative to stop the
copyrights inIringements|8|. Number oI potential copyrights issues are listed, WARD CREEK, TEXAS is one oI the potential
copyright issue listed. When WARD CREEK, TEXAS is searched as a query on the internet, the internet generates the
number oI links Ior the same and one oI them is shown in Iigure 2






















Fig. 2.
106 Elsevier Publications, 2013
GRAPE: Protection of Software Elements Using Intellectual Property Rights
To Iind such type oI violations, CorenSearch Bot tool is used. This tool takes the new content and compares it against the
web and matches the content against a web search |11| and iI it violates any oI the IPR regulation then it gives an appropriate
message and also alerts the relevant copyright Iorums. Wikipedia made a collaboration with turnitin to issue Ior site's content
oversight |8|.
Issues with CorenSearch Bot[8|
This tool does not generate user Iriendly report which allow editors to see and compare plagiarized sections or
make out the various sources which result in the match
This tool process the articles slowly, which means, per 5 seconds it runs only one check and according to its
capacity to check the articles against the web, it will take a year to check 6 million articles. Such type oI levels
is not possible
5. Conclusion
Any speciIic IPR category cannot be applied on the soItware. It is very much diIIicult to diIIerentiate between the literary
work and the Iunctionality. The lines oI codes can be protected as a literary work but the behavior produces by that line oI
code is very diIIicult to justiIy. The analysis in the article established the outline structure Ior the advance research and
enquiry. The paper highlights how the behavior oI the soItware is diIIerent Irom the literary work and even how the
inIormation can be protected by using the diIIerent tool. Current work also admits that there are preliminary issues and even
some more interesting research areas are yet to be Iurther studied.
References
|1| |1| IPR Issues and SoItware: A BrieIing Document Naomi Korn, ProIessor Charles ppenheim and ProIessor Sol Picciotto In
collaboration with JISC Legal and OSS Watch (Sponsored by Ann Borda, JISC Programme Manager) October 2007
|2| |2| WIPO Intellectual Property Handbook: Policy, Law and Use, Technological and Legal Developments in Intellectual Property
|3| |3| A New View oI Intellectual Property and SoItware by Randall Davis Pamela Samuelson Mitchell Kapor Jerome Reichman
|4| |4 |Computer Programs: InIringement oI Copyright. UNITED KINGDOM By Dr Harjinder S. Obhi, Solicitor, oI Bristows, a London
law Iirm specializing in intellectual property
|5| |5| IP Protection oI SoItware and SoItware Contracts in India: A Legal Quagmire, S K Verma Indian Society oI International Law,
Journal oI Intellectual Property Rights Vol 17, July 2012, pp 284-295
|6| |6| Intellectual Property Protection Ior Computer Programs: Developments, Challenges, and Pressures Ior Change Hanken School oI
Economics & Rosa Maria Ballardini, 2012 Hanken School oI Economics ISBN 978-952-232-173-2 (printed )
|7| |7| P Samuelson et al, 'A ManiIesto Concerning the Legal Protection oI Computer Programs, (1994) 94 Colum. L. Rev. 8, at 2308-
2431.
|8| |8| http://en.wikipedia.org/wiki/Wikipedia:Turnitin
|9| |9| THE FUTURE OF COPYRIGHT IN INDIA A Special reIerence to soItware piracy, its challenges and proposal Ior reIorm 2011
International ConIerence on SoItware and Computer Applications IPCSIT vol.9 (2011) (2011) IACSIT Press, Singapore
|10| |10| European IPR Helpdesk Fact Sheet IPR Management in SoItware Development
|11| Garg, R., Kumar, A., Learning directions to eIIiciently Rank, International ConIerence on Advanced Computing and Communication
Technologies, 16th November, 2013, InderScience Publishers, Geneva, Switzerland and Guangdong University oI Technology,
China(Accepted)
107 Elsevier Publications, 2013
Index

C
Computer programs, 103
and IPR, importance of, 104105
violations, 105107
Computer software, 103
Copyright, 104105

I
IPR, 103104
during SDLC, use of, 106

S
Software behaviour, 104
Stop violations, 106

T
Turnitin, 106

V
Violations, 105