Ownership of Copyright
SECTION 178. Rules on Copyright Ownership. — Copyright ownership shall be governed by the following rules:
178.1. Subject to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;
178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created;
178.3. In the case of work created by an author during and in the course of his employment, the copyright shall belong to:
a. The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
b. The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
If the employee was Able to Develop or Design a Patentable Inventions During the course of his Employment Using the Facilities and Materials of his Employer,Who shall Own the Patent?
SECTION 30.2 reads:
In case the employee made the invention in the course of employment contract,the patent shall belong to:
30.2. In case the employee made the invention in the course of his employment contract, the patent shall belong to:
a. The employee, if the inventive activity is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
b. The employer, if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
Huwebes, Nobyembre 28, 2013
Definition of Copyright
Unlike patents and trademarks, registration in the Intellectual Property Office (IPO) of a copyright is not required for the owner to acquire protection because they are protected from the moment of their creation (Sec 172, RA 8283).
Copyright is the authors legal ownership of his or her original intellectual creations in the literary and artistic domains. It is synonymous to economic rights which entitle the owner the exclusive rights to carry out, authorize or prevent the following acts:
1. Reproduction of the work or substantial portion of the work.
2.Dramatization ,translation,adaption,abridgment ,or other transformation of the work.
3.The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership.
4.Rental of the original or a copy of an audiovisual or cinematographic work,a work embodied in a sound recording, a computer program, a compilation of data and others materials or a musical work in graphic form,irrespective of the ownership of the original or the copy which is the subject of the rental.
5.Public display of the original or a copy of the work
6.Public performance of the work.
7.Other communication to the public of the work.
Unlike patents and trademarks, registration in the Intellectual Property Office (IPO) of a copyright is not required for the owner to acquire protection because they are protected from the moment of their creation (Sec 172, RA 8283).
Copyright is the authors legal ownership of his or her original intellectual creations in the literary and artistic domains. It is synonymous to economic rights which entitle the owner the exclusive rights to carry out, authorize or prevent the following acts:
1. Reproduction of the work or substantial portion of the work.
2.Dramatization ,translation,adaption,abridgment ,or other transformation of the work.
3.The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership.
4.Rental of the original or a copy of an audiovisual or cinematographic work,a work embodied in a sound recording, a computer program, a compilation of data and others materials or a musical work in graphic form,irrespective of the ownership of the original or the copy which is the subject of the rental.
5.Public display of the original or a copy of the work
6.Public performance of the work.
7.Other communication to the public of the work.
The Issue of Unfair Competition
As noted by the Court of Appeals, petitioner's expert witnesses himself had testified that "Posters Ads" was too generic name. So it was difficult to identify it with any company, honestly speaking. This crucial admission by its expert witness that "Poster Ads" could not be associated with P & D showed that, in the mind of the public, the goods and services carrying the trademark "Poster Ads" could not be distinguished from the goods and services of other entities.
As noted by the Court of Appeals, petitioner's expert witnesses himself had testified that "Posters Ads" was too generic name. So it was difficult to identify it with any company, honestly speaking. This crucial admission by its expert witness that "Poster Ads" could not be associated with P & D showed that, in the mind of the public, the goods and services carrying the trademark "Poster Ads" could not be distinguished from the goods and services of other entities.
Most Common Intellectual Property
Trademark, copyright and patents are the most common intellectual property rights and cannot be interchanged with one another.
A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped, or marked container of goods.
A copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.
Obviously violations involving trademark is called trademark infringement; for copyright, copyright infringement; for patent, patent infringement. to have a quick understanding about these breaches, lets take a look at the case of Pearl and Dean vs SMI.
[G.R. No. 148222. August 15, 2003]
PEARL & DEAN (PHIL.), INCORPORATED, vs. SHOEMART, INCORPORATED, ET AL
Facts:
Pearl and Dean (Phil.), Inc. is a corporation engaged in the manufacture of advertising display units simply referred to as light boxes. These units utilize specially printed posters sandwiched between plastic sheets and illuminated with back lights. Pearl and Dean was able to secure a Certificate of Copyright Registration dated January 20, 1981 over these illuminated display units. The advertising light boxes were marketed under the trademark "Poster Ads".
Sometime in 1985, Pearl and Dean negotiated with defendant-appellant Shoemart, Inc, (SMI) for the lease and installation of the light boxes in SM City North Edsa. Since SM City North Edsa was under construction at that time, SMI offered as an alternative SM Makati and SM Cubao, to which Pearl and Dean agreed. On September 11, 1985, Pearl and Dean's General Manager, Rodolfo Vergara, submitted for signature the contracts covering SM Cubao and SM Makati to SMI's Advertising Promotions and Publicity Division Manager, Ramonlito Abano. Only the contract for SM Makati, however was returned signed.
Two years later, SMI contracted with Metro Industrial Services, the company formerly contracted by Pearl and Dean to fabricate its display units. After its contract with Metro Industrial was terminated, SMI engaged the services of EYD Rainbow Advertising Corporation to make the light boxes. Some 300 units were fabricated in 1991. These were delivered on a staggered basis and installed at SM Megamall and SM City.
In the light of its discoveries, Pearl and Dean sent a letter dated December 11,1991 to both SMI and NEMI enjoining them to cease using the subject light boxes and to remove the same from SMI's establishments. It also demanded the discontinued use of the trademark "Poster Ads," and the payment to Pearl and Dean of compensatory damages in the amount of Twenty Million Pesos (P20,000,000).
Issues:
1. if the engineering or technical drawings of an advertising display unit (light box) are granted copyright protection (copyright certificate of registration) by the National Library, is the light box depicted in such engineering drawings ipso facto28 also protected by such copyright?
2. or should the light box be registered separately and protected by a patent issued by the Bureau of Patents Trademarks and Technology Transfer (now Intellectual Property Office) - in addition to the copyright of the engineering drawings?
3. can the owner of registered trademark legally prevent others from using such trademark if it is a mere abbreviation of a term descriptive of his goods services or business?
Ruling:
On the Issue of Copyright Infringement
Petitioners P& D's complaint was that SMI infringed on its copyright over the light boxes when SMI had the units manufactured by Metro and EYD Rainbow Advertising for its own account. If SMI and NEMI reprinted P&D's, technical drawings for sale to the publi without license from P & D, then no doubt they would have been guilty of copyright infringement. But this was not the case. SMI's and NEMI's acts complained of by P & D were to have units similar or identical to the light box illustrated in the technical drawings manufactured by Metro and EYD Rainbow Advertising for leasing out to different advertisers. Was this an infringement of petitioner's copyright over the technical drawings? The SC said no.
On the Issue of Patent Infringement
There can be no infringement of a patent until a patent has been issued, since whatever right one has to the invention covered by the patent arises alone from the grant of patent. An inventor has no common law right to a monopoly of his invention. He has the right to make use of and vend his invention, but if he voluntarily discloses it, such as by offering it for sale, the world is free to copy and use it with impunity. A patent, however, gives the inventor the right of exclude all others. As a patentee, he has the exclusive right of making, selling or using the invention.
To be able to effectively and legally preclude others from copying and profiting from the invention, a patent is a primordial requirement. No patent, no protection. the ultimate goal of a patent system is to bring new designs and technologies into the public domain through. Ideas once disclosed to the public without the protection of a valid patent, are subject to appropriation without significant restraint.
On the Issue of Trademark Infringement
This issue concerns the use by respondents of the mark "Poster Ads" which petitioners president said was a contraction of "poster advertising".
Assuming arguendo that "Poster Ads" could validly qualify as a trademark, the failure of P & D to secure a trademark registration for specific use on the light boxes meant that there could not have been any trademark infringement since registration was an essential element thereof.
Trademark, copyright and patents are the most common intellectual property rights and cannot be interchanged with one another.
A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped, or marked container of goods.
A copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.
Obviously violations involving trademark is called trademark infringement; for copyright, copyright infringement; for patent, patent infringement. to have a quick understanding about these breaches, lets take a look at the case of Pearl and Dean vs SMI.
[G.R. No. 148222. August 15, 2003]
PEARL & DEAN (PHIL.), INCORPORATED, vs. SHOEMART, INCORPORATED, ET AL
Facts:
Pearl and Dean (Phil.), Inc. is a corporation engaged in the manufacture of advertising display units simply referred to as light boxes. These units utilize specially printed posters sandwiched between plastic sheets and illuminated with back lights. Pearl and Dean was able to secure a Certificate of Copyright Registration dated January 20, 1981 over these illuminated display units. The advertising light boxes were marketed under the trademark "Poster Ads".
Sometime in 1985, Pearl and Dean negotiated with defendant-appellant Shoemart, Inc, (SMI) for the lease and installation of the light boxes in SM City North Edsa. Since SM City North Edsa was under construction at that time, SMI offered as an alternative SM Makati and SM Cubao, to which Pearl and Dean agreed. On September 11, 1985, Pearl and Dean's General Manager, Rodolfo Vergara, submitted for signature the contracts covering SM Cubao and SM Makati to SMI's Advertising Promotions and Publicity Division Manager, Ramonlito Abano. Only the contract for SM Makati, however was returned signed.
Two years later, SMI contracted with Metro Industrial Services, the company formerly contracted by Pearl and Dean to fabricate its display units. After its contract with Metro Industrial was terminated, SMI engaged the services of EYD Rainbow Advertising Corporation to make the light boxes. Some 300 units were fabricated in 1991. These were delivered on a staggered basis and installed at SM Megamall and SM City.
In the light of its discoveries, Pearl and Dean sent a letter dated December 11,1991 to both SMI and NEMI enjoining them to cease using the subject light boxes and to remove the same from SMI's establishments. It also demanded the discontinued use of the trademark "Poster Ads," and the payment to Pearl and Dean of compensatory damages in the amount of Twenty Million Pesos (P20,000,000).
Issues:
1. if the engineering or technical drawings of an advertising display unit (light box) are granted copyright protection (copyright certificate of registration) by the National Library, is the light box depicted in such engineering drawings ipso facto28 also protected by such copyright?
2. or should the light box be registered separately and protected by a patent issued by the Bureau of Patents Trademarks and Technology Transfer (now Intellectual Property Office) - in addition to the copyright of the engineering drawings?
3. can the owner of registered trademark legally prevent others from using such trademark if it is a mere abbreviation of a term descriptive of his goods services or business?
Ruling:
On the Issue of Copyright Infringement
Petitioners P& D's complaint was that SMI infringed on its copyright over the light boxes when SMI had the units manufactured by Metro and EYD Rainbow Advertising for its own account. If SMI and NEMI reprinted P&D's, technical drawings for sale to the publi without license from P & D, then no doubt they would have been guilty of copyright infringement. But this was not the case. SMI's and NEMI's acts complained of by P & D were to have units similar or identical to the light box illustrated in the technical drawings manufactured by Metro and EYD Rainbow Advertising for leasing out to different advertisers. Was this an infringement of petitioner's copyright over the technical drawings? The SC said no.
On the Issue of Patent Infringement
There can be no infringement of a patent until a patent has been issued, since whatever right one has to the invention covered by the patent arises alone from the grant of patent. An inventor has no common law right to a monopoly of his invention. He has the right to make use of and vend his invention, but if he voluntarily discloses it, such as by offering it for sale, the world is free to copy and use it with impunity. A patent, however, gives the inventor the right of exclude all others. As a patentee, he has the exclusive right of making, selling or using the invention.
To be able to effectively and legally preclude others from copying and profiting from the invention, a patent is a primordial requirement. No patent, no protection. the ultimate goal of a patent system is to bring new designs and technologies into the public domain through. Ideas once disclosed to the public without the protection of a valid patent, are subject to appropriation without significant restraint.
On the Issue of Trademark Infringement
This issue concerns the use by respondents of the mark "Poster Ads" which petitioners president said was a contraction of "poster advertising".
Assuming arguendo that "Poster Ads" could validly qualify as a trademark, the failure of P & D to secure a trademark registration for specific use on the light boxes meant that there could not have been any trademark infringement since registration was an essential element thereof.
The Intellectual Property (RA 8293)
The Intellectual Property code contains provisions which protect the rights of authors, inventors, programmers and other gifted citizens regarding their intellectual creations. The term "Intellectual Property Rights" consist of;
> Copyright and related rights
> Trademarks and Service Marks
> Geographic Indications
> Industrial Design
> Patents
> Layout-designs
> Protection of Undisclosed Information
State Policy Regarding Intellectual Property
Section 2 of RA 8293 provides:
Declaration of State Policy - the State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientist, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyrights, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.
An effective Intellectual and Industrial property system is vital
1. To the development of Domestic and Creative activity.
2. Facilitates Transfer of Technology.
This is due to the fact that if the State cannot afford to protect the creative activities done by scientists, artists, inventors, composers and other gifted citizens, they will be discharged to do such activities, and in case they do, they won't share or transfer it to public due to fear of infringement of their intellectual properties.
3. Attracts Foreign Investments.
To illustrate, McDonald's trademarks is originally registered in the US. Since McDonald's is internationally known, our country, pursuant to international committee is also bound to protect the trademark/tradename owner of McDonald's.
5. The Use of Intellectual Property Bears a Social Function.
To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.
To illustrate , suppose Engr. Sean T. Abako designed a car with a mechanical engine capable of running without a gasoline. Instead, it uses specialized water formulated by Engr. Sean.
Now Sean has two options, thus:
First, he may keep his invention formula secret. This way, the public has no option but to buy engines directly from Engr. Sean.Sean has no reason to be afraid because he is confident that no one can imitate his work. Bear in mind that when a person registers his patentable inventions in the Intellectual Property Office (IPO), he is NOT doing it solely for credit or for popularity, but for protection- protection from unfair competition. Even if Engr. Sean would not register his invention, people would come to recognize him.
Second, if Sean won't register, he cannot maximize profit from his invention. Why? Because he cannot afford to share his secrets to anyone because his invention is not protected by the State. If that is so, the manufacturing and design of his engine is very limited. If he hires employees to do his work, there is no guarantee that such employee will be loyal to him. Chances are, after knowing his secret invention, his employee will leave him, establish his own business and worst, register the patent in his name to the prejudice of Sean! Will the State protect Sean? No, because he did NOT register his patent. "NO PATENT, NO PROTECTION". Worst, the State will protect the said employee of Sean under the principle of "First to file rule".
Section 29. First to File Rule. - if two or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (3rd Sentence, Sec. 10 R.A. No. 165a.)
Advantages of Securing a Patent. Considering the case of Engr. Sean T. Abako, he has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing his mechanical engine. A holder of letters patent is entitled to a full protection of the State. As a consequence, he can now hire employees to facilitate the design of his engine.
The patent law has a three-fold purpose;
First - patent law seeks to foster and reward invention.
Second - it promotes disclosures of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires.
Third - the stringent requirements for patent protection seek to ensure that ideas in the public domain remain there for the free use of the public.
This is due to the fact that if the State cannot afford to protect the creative activities done by scientists, artists, inventors, composers and other gifted citizens, they will be discharged to do such activities, and in case they do, they won't share or transfer it to public due to fear of infringement of their intellectual properties.
3. Attracts Foreign Investments.
To illustrate, McDonald's trademarks is originally registered in the US. Since McDonald's is internationally known, our country, pursuant to international committee is also bound to protect the trademark/tradename owner of McDonald's.
5. The Use of Intellectual Property Bears a Social Function.
To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.
To illustrate , suppose Engr. Sean T. Abako designed a car with a mechanical engine capable of running without a gasoline. Instead, it uses specialized water formulated by Engr. Sean.
Now Sean has two options, thus:
First, he may keep his invention formula secret. This way, the public has no option but to buy engines directly from Engr. Sean.Sean has no reason to be afraid because he is confident that no one can imitate his work. Bear in mind that when a person registers his patentable inventions in the Intellectual Property Office (IPO), he is NOT doing it solely for credit or for popularity, but for protection- protection from unfair competition. Even if Engr. Sean would not register his invention, people would come to recognize him.
Second, if Sean won't register, he cannot maximize profit from his invention. Why? Because he cannot afford to share his secrets to anyone because his invention is not protected by the State. If that is so, the manufacturing and design of his engine is very limited. If he hires employees to do his work, there is no guarantee that such employee will be loyal to him. Chances are, after knowing his secret invention, his employee will leave him, establish his own business and worst, register the patent in his name to the prejudice of Sean! Will the State protect Sean? No, because he did NOT register his patent. "NO PATENT, NO PROTECTION". Worst, the State will protect the said employee of Sean under the principle of "First to file rule".
Section 29. First to File Rule. - if two or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (3rd Sentence, Sec. 10 R.A. No. 165a.)
Advantages of Securing a Patent. Considering the case of Engr. Sean T. Abako, he has the right to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing his mechanical engine. A holder of letters patent is entitled to a full protection of the State. As a consequence, he can now hire employees to facilitate the design of his engine.
The patent law has a three-fold purpose;
First - patent law seeks to foster and reward invention.
Second - it promotes disclosures of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires.
Third - the stringent requirements for patent protection seek to ensure that ideas in the public domain remain there for the free use of the public.
Intellectual Creation
Our civil code provides for different modes of acquiring ownership, thus;
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual Creation
6. Prescription
7. Succession
(we will focus on the fifth part which is acquiring ownership)
To illustrate, suppose Engr. Sean designs a car which uses a gas saving devices which lessen the gasoline consumption by 90%, the patent of the said inventions belongs to Engr. Sean.
Some examples are;
> Painting made by an artist
> Books written by an author
> A logo design by a student
> Programs written by a programmer
> Newspaper articles
> Power point presentations
> Theses and dissertions
Our civil code provides for different modes of acquiring ownership, thus;
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual Creation
6. Prescription
7. Succession
(we will focus on the fifth part which is acquiring ownership)
To illustrate, suppose Engr. Sean designs a car which uses a gas saving devices which lessen the gasoline consumption by 90%, the patent of the said inventions belongs to Engr. Sean.
Some examples are;
> Painting made by an artist
> Books written by an author
> A logo design by a student
> Programs written by a programmer
> Newspaper articles
> Power point presentations
> Theses and dissertions
Miyerkules, Nobyembre 27, 2013
Are Computer Programs Patentable?
The answer is NO. Thus, as a general rule computer programs cannot be a subject of a patent.
Elements of Patentable Invention;
1. It is a technical solution of a problem in any field of human activity.;
2. It must be new;
3. It must involve an inventive steps; and
4. It must be industrially applicable.
SECTION
22. Non-Patentable Inventions. — The following shall be excluded from patent protection:
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
The law is very clear that programs for computers shall be excluded from patent protection.
How can Programmers protect their programs?
SECTION 172. Literary and Artistic Works. - 172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:
a. Books, pamphlets, articles and other writings;
b. Periodicals and newspapers;
c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
d. Letters;
e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
f. Musical compositions, with or without words;
g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
h. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
j. Drawings or plastic works of a scientific or technical character;
k. Photographic works including works produced by a process analogous to photography; lantern slides;
l. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
m. Pictorial illustrations and advertisements;
n. Computer programs; and
o. Other literary, scholarly, scientific and artistic works.
The answer is NO. Thus, as a general rule computer programs cannot be a subject of a patent.
Elements of Patentable Invention;
1. It is a technical solution of a problem in any field of human activity.;
2. It must be new;
3. It must involve an inventive steps; and
4. It must be industrially applicable.
SECTION
22. Non-Patentable Inventions. — The following shall be excluded from patent protection:
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
The law is very clear that programs for computers shall be excluded from patent protection.
How can Programmers protect their programs?
SECTION 172. Literary and Artistic Works. - 172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:
a. Books, pamphlets, articles and other writings;
b. Periodicals and newspapers;
c. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
d. Letters;
e. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
f. Musical compositions, with or without words;
g. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
h. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
i. Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
j. Drawings or plastic works of a scientific or technical character;
k. Photographic works including works produced by a process analogous to photography; lantern slides;
l. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
m. Pictorial illustrations and advertisements;
n. Computer programs; and
o. Other literary, scholarly, scientific and artistic works.
Biyernes, Nobyembre 15, 2013
The Programmer's Source Code
It is a set of instructions expressed in words, codes, schemes, or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result.
(Sec. 171.4, RA 8293)
Machines cannot understand our language, thus, programs are written in some programming language. So if one is to write programs, he must learn an appropriate programming language.
Writing a program is not easy, thus before the open source technology blooms, it is normal for a programmer not to share and/or distribute his program or source code. a programmers source code is like a recipe, or a secret formula or process from which the execution by the computer is anchored.
It is a set of instructions expressed in words, codes, schemes, or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result.
(Sec. 171.4, RA 8293)
Machines cannot understand our language, thus, programs are written in some programming language. So if one is to write programs, he must learn an appropriate programming language.
Writing a program is not easy, thus before the open source technology blooms, it is normal for a programmer not to share and/or distribute his program or source code. a programmers source code is like a recipe, or a secret formula or process from which the execution by the computer is anchored.
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