| "Lawsuits primarily benefit the attorneys and nobody | | | | the presentation, MBA was informed that Harley |
| else." | | | | wouldn't be |
| - Bryce's LawINTRODUCTIONThe protection of | | | | purchasing our product, and that Arthur Young |
| intellectual property should be a significant concern to | | | | would be developing a similar methodology for Harley |
| all Information Technology organizations. Without | | | | instead. This made MBA suspicious, particularly since |
| protection, commercial hardware/software vendors | | | | one of Young's consultants was a former "PRIDE" |
| would quickly evaporate as others would inevitably | | | | user. Consequently, MBA initiated a lawsuit over |
| steal their designs and programs. Corporate | | | | misappropriation of trade secrets.This turned into a |
| developers would also suffer if their ideas, inventions, | | | | long and ugly legal battle which lasted eight years. |
| and programs were misappropriated thereby causing | | | | Basically, the lawyers for the opposition contended |
| them to lose their competitive advantage. In fact, | | | | that since the "PRIDE" materials had copyright |
| our corporate landscape and standard of living would | | | | notation printed on them, they were in the public |
| be radically different if we had no such protection. | | | | domain. In contrast, it was our contention that |
| Fortunately, the framers of the U.S. Constitution | | | | "PRIDE" was a trade secret, In the end, we won the |
| were wise enough to implement legislation | | | | lawsuit and "PRIDE" was proven to be a trade secret |
| safeguarding the authorship and ownership of | | | | in a court of law. This litigation established many |
| literature, art, and inventions, thus causing the United | | | | precedents and is often referenced in similar cases; |
| States to flourish in the arts and sciences. But the | | | | for additional information, see:Chicago-Kent College of |
| advent of the computer caused us to reconsider | | | | Law |
| how we safeguard such property. For example, the | | | | Law |
| concept of a computer program has been a bit | | | | years have gone by since the verdict was passed. |
| nebulous to some people; should the source code be | | | | In 1989, Arthur Young & Company merged with |
| protected by copyright? What about the object | | | | Ernst and Ernst (now called Ernst & Young), the |
| code (executable)? Attorneys have been debating | | | | principals of the case have moved on and we no |
| this subject over the last thirty years and there is still | | | | longer bear any ill-will towards the company. Further, |
| general confusion in the field.In 1974, MBA embarked | | | | "PRIDE" was placed on the Internet in 2004 (with |
| on our own lawsuit to protect the "PRIDE" | | | | copyright notation).As a result of the lawsuit, MBA |
| methodology. This was a lengthy legal battle which | | | | learned a lot about the protection of intellectual |
| took the courts into unchartered waters. At the | | | | property. I may not be an attorney, but you may |
| time, "PRIDE" was nothing more than a methodology | | | | look upon this as a convenient primer to protect |
| implemented with printed manuals and forms (no | | | | yourself.COPYRIGHTSCopyright is primarily concerned |
| software support at the time). To safeguard our | | | | with the authorized reproduction of such things as |
| product, our lawyers drafted a standard | | | | text, graphics, music, and audio/video recordings. As |
| nondisclosure agreement which all prospective buyers | | | | such, it protects publishers, authors, artists, and |
| would sign prior to our sales presentation. Further, our | | | | designers from unauthorized republication or |
| contracts included similar verbiage instructing the | | | | redistribution of their work. Not too long ago, in order |
| customer to safeguard the physical embodiment of | | | | for a copyright to be enforceable, it had to be |
| the product and not to divulge it to unauthorized | | | | registered with the copyright office. However, the |
| third parties.We were contacted by Arthur Young & | | | | laws were somewhat loosened in 1976 whereby |
| Company in 1974 to conduct a "PRIDE" sales | | | | copyright protection is now effective from the |
| presentation for one of their consulting clients in | | | | moment the work is first created in fixed form. |
| Milwaukee, Wisconsin; the Harley Davidson | | | | Although the use of copyright notation is no longer |
| Motorcycle Company (then a division of AMF). The | | | | mandatory, it is highly beneficial to include it |
| attendees signed the nondisclosure agreement and | | | | whenever possible to indicate your work is protected |
| the presentation was conducted as usual. Following | | | | by copyright. |