![](bg2.png)
driving force behind the use of pirated software
systems in HE institutions in developing nations.
2 UNDERSTANDING
COMPUTER SYSTEMS
A computer system is an electronic device
comprising thousands of electronic chips and
microchips. Electronic microchips are now also
widely incorporated into systems ranging from
heavy industrial machineries to miniature handheld
computer systems. Generally speaking, a computer
system consists of two major components, namely:
hardware and software (Meyers, 2003a). The former
is regarded as the physical component of the
computer system, receiving and executing
instructions embedded within the latter (Cashman et
al, 2011). Software systems on the other hand,
comprise digital algorithms which are sets of
instructions that control the hardware components of
the computer system (Meyers, 2003b).
Programmers, developers or coders write the
coded algorithms and these instructions are
translated into a form that only electronically
enabled machines can read and execute (Parker &
Van Alstyne, 2005). This initial authoring is known
as the source code which represents the actual
human intelligence instructions. The source code can
be accessed, modified, enhanced and innovated by
trained persons (Hershey, 2008). The source code
can be accessed by the general public. However, this
will depend on the licence agreement and its release
terms and conditions (Parloff, 2007a). After the
compilation, that is the process of transforming
human readable code into machine readable code,
another authoring is generated, known as the object
code. This is a form of authoring that is readable and
executable by the machine only (Reijswoud & Mulo,
2004; Toko & Mnkandla, 2011a).
To some degree, the source code is regarded as
the actual software system, and users have access to
it through purchasing a licensing agreement with its
vendor or developers. Regardless of what the licence
and agreement stipulates, the users cannot modify it
(Parloff, 2007b). Both sets of authoring (source code
and object code) constitute the software system the
end-user purchases or downloads free of charge
from the Internet for whatever purpose (Stallings,
2003).
The vendors, developers and programmers have
the freedom to release their product under any
licencing agreement of their choice, to define the
conditions under which their software systems will
be used, the manner in which users will access it and
how much users will pay to use it. These factors are
protected by Intellectual Property Law (IPR) and
usually constitute patent rights (Lau, 2003) thereby
preventing other developers, programmers or
vendors from copying it. The right to use the
software systems is therefore limited in access to the
executable component (West & Dedrick, 2005). This
means that although the end-users may purchase the
software, it does not provide them with the right to
modify, compile, innovate or redistribute it (Weber,
2002). This form of release condition is known as
‘proprietary’ had stringent terms and conditions
agreement (Steinmueller, 2001), an example will be
any Microsoft product . Other vendors may choose
to release their software systems without any form
of restriction, and all together (source code and
object code) provide technically knowledgeable
users with the chance of owning, innovating and
redistributing the given software systems to meet a
particular need (Hill, 2007). Technically this is often
referred to as an ‘open source’ and example will be
‘Linux’ product. It is sometimes free of any initial
cost and/or further licensing fees, and mostly
distributed over the Internet (Parloff, 2007c).
Software systems are therefore essential in the
smooth running of a computing system without
which a computer system will only be a piece of
hardware with no utility.
3 INTELLECTUAL PROPERTY
RIGHT
An intellectual property right is a law that protects
any outcome of intellectual effort; it can be enforced
locally or internationally in a court of law; it can be
granted to a person, group, company or entity, and
enables them an exclusive right to exploit for their
own benefit any positive benefit without having to
keep a watchful eye on competitors who may simply
copy their invention, creation or innovation
(Karakaya and Uluturk, 2010). The use of such laws
limits any form of imitation or duplication by
conferring monopoly power to the holder. In most
cases, it may comprise full or sectional rights, and
can include, but is not limited to copyright, patents,
trademarks, geography indication, related rights,
author rights, moral rights or trade secrets (WIPO,
2004). The reasoning behind these initiatives is to
motivate people to generate new ideas, and to
protect them and their creations and subsequently
SoftwareSystemsVersusIntellectualPropertyRights-AMoralandEthicalChallengeforHigherEducationinDeveloping
Nations
251