Assignment Cover Sheet

Qualification Module Number and Title

Higher Diploma in Computing and Software CSE4007 / Professional Practice
Engineering / Higher Diploma in Network
Technology and Cyber Security
Student Name & No. Assessor
Shabnam Rasheed(CL/HDCSE/CMU/111/06),
Fathima Zaifa Mohamed Hijas
(CL/HDCSE/CMU/111/34),
Tharsia Varnan (CL/HDCSE/CMU/111/54),
Abdullah Nazardeen
(CL/HDCSE/CMU/111/101),
Manoharan Shobana
(CL/HDCSE/CMU/111136)
Hand out date Submission Date

Assessment type Duration/Length of Weighting of Assessment

Assessment Type
Presentation 15 Minutes 25%

Learner declaration

We, Shabnam Rasheed (CL/HDCSE/CMU/111/06), Fathima Zaifa Mohamed Hijas

(CL/HDCSE/CMU/111/34), Tharsia Varnan (CL/HDCSE/CMU/111/54), Abdullah Nazardeen
(CL/HDCSE/CMU/111/101) and Manoharan Shobana (CL/HDCSE/CMU/111136) certify that
the work submitted for this assignment is my own and research sources are fully acknowledged.

Marks Awarded
First assessor

IV marks

Agreed grade

Signature of the assessor Date

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 FEEDBACK FORM
INTERNATIONAL COLLEGE OF BUSINESS & TECHNOLOGY
Module: CSE4007/ Professional Practice
Student:
Assessor:
Assignment:

Strong features of your work:

Areas for improvement:

Marks Awarded:

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 CSE 4007

PROFESSIONAL PRACTICE

COURSEWORK

Shabnam Rasheed st20274737

Zaifa Hijas st20274945
Tharsia Varnan st20274748
Abdullah Nazardeen st20274885
Manoharan Shobana st20275146
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 PLAGIARISM REPORT

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 Acknowledgement
This report would not have been possible without the continuous support of our

college, ICBT. We owe sincere gratitude to our college for allotting us this

coursework and granting us the required academic and technical assistance in its

completion. At the very outset we convey our profound gratitude to our

respective lecturer, Mr. Chamila, for providing us with valuable suggestions

throughout the course of this project. Besides, I thank my friends for their

continuous support and cooperation in the successful completion of this report.

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 Executive Summary
Task 01 delves into the protection of intellectual property, examining the laws

safeguarding innovations and the challenges faced in the context of proprietary

software. Ethical justifications for software protection are explored, along with

opposing arguments. Alternative models to proprietary software and potential

avenues for computer professionals are also considered.

The Internet of Things (IoT) is introduced, forecasting a future where billions of

interconnected devices enhance efficiency but raise concerns about privacy and

security. Real-world examples illustrate the IoT concept. The pros and cons of

IoT are analyzed, emphasizing security and privacy challenges. Ethical

considerations surrounding IoT's social, ethical, and legal dimensions are

critically examined.

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 Table of Contents

Introduction..............................................................................................................................9

TASK 01..................................................................................................................................10

Laws used in the protection of Intellectual Property............................................................10

Problems faced by the laws in protecting software..............................................................11

Ethical Justification for the protection of Software as an Intellectual Property...................15

Arguments used for the opposition of this Justification.......................................................16

Alternatives for Proprietary Software..................................................................................18

How could Computer Professionals support themselves without Proprietary Software?....19

TASK 02..................................................................................................................................22

Internet of Things (IoT)........................................................................................................22

Pros and Cons of IoT............................................................................................................22

Security and Privacy in IoT..................................................................................................24

Analysis of Ethical Issues related to Social, Ethical and Legal Issues.................................26

Conclusion...............................................................................................................................28

Reference.................................................................................................................................29

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 Introduction

In the intricate landscape of intellectual property, the protection of innovations stands as a

linchpin for encouraging creativity and propelling societal progress. Patents, copyrights,
trademarks, and trade secrets constitute the legal arsenal safeguarding the fruits of intellectual
labor. However, the protection of software, a pivotal force in contemporary innovation,
introduces a nuanced dimension, grappling with issues of complexity, rapid evolution, and
the challenges posed by reverse engineering. As we delve into the discourse surrounding
intellectual property, it becomes evident that the intricate dance between legal frameworks,
ethical considerations, and pragmatic alternatives shapes the destiny of innovation in our
ever-evolving technological terrain.

The Internet of Things (IoT) is reshaping our future, connecting not just devices to the
internet but creating a network where devices communicate. Envision 26 billion connected
devices; your vehicle chatting with others to find the least congested route is just the
beginning. However, this connectivity raises concerns about machine dominance, privacy,
and security.

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TASK 01
Question 1
Laws used in the protection of Intellectual Property
In order to protect intellectual property related to innovations or brand-new products, various
types of intellectual property laws can be utilized. These laws provide legal mechanisms for
individuals and organizations to safeguard their intellectual creations and innovations. The
main kinds of law used in protecting intellectual property are:
 Patent Law
Patents are often used to protect new inventions, processes, and products. When an
individual or organization invents something new and non-obvious, they can apply for
a patent, which grants them exclusive rights to make, use, and sell the invention for a
certain period .This prevents others from using, making, or selling the same invention
without permission. (Caulfield, 2022)
 Trademark Law
Trademarks are used to protect brand names, logos, and symbols associated with
products or services. When an individual or organization creates a new product and
wants to establish a unique brand identity, they can register a trademark for it.
Trademark registration provides legal protection against others using similar marks in
a way that could cause confusion among consumers. (Trademarks, 2018)
 Copyright Law
Copyright protects original creative works, such as literary, artistic, and musical
creations. If a person or organization produces creative content related to their,
copyright law can be used to prevent unauthorized copying, distribution, or
modification of these works. (Office, 2022)
 Trade Secret Law
Trade secrets are confidential and valuable information related to a company's
business operations, processes, or inventions. Trade secret laws protect against
unauthorized disclosure or use of this confidential information by employees,
partners, or competitors. (Vaidya , 2018)
 Design Patent Law
Design patents protect the ornamental design or appearance of a new, original, and
ornamental product. They are useful for safeguarding the unique visual characteristics

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 of a product, particularly in industries where aesthetics plays a significant role.
(Simone, 2023)
 Utility Model Law
Which is similar to patents but typically has lower requirements for novelty and
inventiveness. It is a quicker and more cost-effective way to protect certain types of
innovations. (Utility models, 2018)
 Unfair Competition Law
This type of law can be used to prevent unfair business practices, such as false
advertising, passing off someone else's product as your own, or engaging in deceptive
trade practices. (Unfair competition)
 Licensing Agreements
Licensing agreements are legal contracts that allow the owner of intellectual property
to grant permission to others to use, make, or sell their innovations or products in
exchange for royalties or other considerations, while specifying their terms and
conditions. (Bloomenthal, 2022)

Question 2
Problems faced by the laws in protecting software

1. Problem of Patent Law

 Abstract Nature of Software and Difficulty in Defining Software Boundaries

The abstract nature of Software, consisting of algorithms and logic, challenges

traditional patent frameworks designed for tangible inventions. Patent offices, geared
towards evaluating physical inventions, face difficulty assessing the intangible nature
of software, which primarily comprises instructions and algorithms executed by
computers.
Incremental innovations in software, building on existing technologies, make it
challenging to clearly delineate the boundaries of a novel invention eligible for patent
protection. In the dynamic field of software development, where advancements are
often incremental and built upon existing solutions, defining the novelty and non-
obviousness required for patent eligibility becomes intricate. (Jedrusik, 2017)

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 2. Problem of Trademark Law
 Functional Nature of Software

Software's primarily functional nature poses a challenge for trademark protection, as

trademarks traditionally safeguard distinctive elements like names and logos, which
may be less prominent in functional software.
Trademarks aim to prevent consumer confusion by protecting distinctive branding.
However, the functional emphasis of software may lack inherently distinctive features
crucial for trademark eligibility. (Ackerman, 2019)
 Inability to Protect Code

Trademarks fall short in safeguarding the underlying code and functionality of

software, allowing competitors to create similar software with different code without
infringing on trademarks.
Trademarks prioritize consumer perception and brand recognition, excluding
protection for technical aspects like code. This gap leaves the distinctiveness of
software code, integral in the software industry, beyond the purview of trademark
protection. (Mukherjee, 2019)

3. Problem of Copyright Law

 Limited Scope of Protection

Copyright protects against literal code copying but may not prevent the independent
creation of similar software, providing limited defense against replication of
functional aspects.
Copyright's balance between creators and the public encourages competition and
innovation by allowing independent creation of similar functionality while protecting
specific code expression. (Bharadwaj, 2018)
 Merge Doctrine

The merge doctrine in copyright law, denying protection if an idea has limited
expression possibilities, poses challenges in safeguarding certain software
functionalities.

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 While the merge doctrine prevents monopolization of basic ideas, it can be
problematic in software, where functionalities may have limited expression
possibilities, potentially limiting protection for essential aspects of software
development. (Kristin , 2021)

4. Problem of Trade Secret Law

 Difficulty in Maintaining Secrecy

Trade secret protection in the software industry faces challenges due to the
collaborative and knowledge-sharing nature of the field, making it hard to keep
software code and algorithms confidential.
Trade secrets thrive on confidentiality, but in software development, where multiple
individuals or teams are involved, controlling information flow becomes challenging,
hindering the effective preservation of secrecy. (Hoffmann, 2020)
 Employee Mobility and Third-Party Collaboration

The high mobility of employees within the software industry increases the risk of
trade secret misappropriation as valuable knowledge may be carried to new
workplaces. Collaborations with third-party entities, such as vendors or open-source
communities, in software development heighten the risk of unintentional trade secret
disclosure.
While employee mobility fosters skill transfer, it poses a challenge to trade secret
protection, necessitating a delicate balance between encouraging mobility and
safeguarding confidential information.
The collaborative nature of software development, vital for innovation, complicates
the distinction between proprietary information worthy of trade secret protection and
shared information for collaborative purposes. (Hynes, 2023)

5. Problem of Design Patent Law

 Focus on Ornamental Designs and Inability to Protect Functional Aspects

Design patents, designed for protecting the visual aspects of products, face challenges
with software's intangible and functional nature, lacking the physical, ornamental
characteristics traditionally covered by such patents.

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 Originally intended for physical objects, design patents struggle to accommodate
software, which revolves around functionality and code, posing a fundamental
mismatch with the traditional scope of design patent protection.
Design patents are limited in protecting the functional or utilitarian aspects of a
product, posing challenges for software protection as it is predominantly functional
and involves code, algorithms, and other non-visual elements.
While design patents aim to distinguish products based on visual appearances, the
primarily functional nature of software complicates the direct application of this
concept, leaving the underlying code and functional aspects without adequate
protection. (Matsuya, 2013)

6. Problem of Utility Model Law

 Limited to Tangible Inventions

Utility models, traditionally tailored for safeguarding improvements in tangible

products, encounter challenges with software, given its intangible and function-
oriented nature.
Historically centered around physical inventions, utility models may struggle to
effectively encompass the intangible aspects of software, such as algorithms and code,
deviating from their conventional scope. (Lindsay, 2021)

7. Problem of Unfair Competition Law

 Subjectivity in Defining Unfair Practices

Unfair competition laws, relying on subjective assessments of fairness, pose

challenges in the software industry, where determining genuinely unfair practices
amid high innovation and competition can be complex.
The intentional flexibility of unfair competition laws to adapt to diverse business
practices can lead to legal uncertainty, given the subjective nature of assessing what
qualifies as unfair. (Delgado & Delgado, 1970)
 Global Nature of Software Markets

The global distribution of software introduces challenges in enforcing unfair

competition laws, as practices deemed fair or unfair may vary across jurisdictions.

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 Jurisdiction-specific nature of unfair competition laws, coupled with differing legal
standards and cultural perspectives, complicates international enforcement in the
software industry, lacking a harmonized approach across borders. (UNCTAD, 2021)

8. Problem of License Agreements

 Enforcement Challenges Across Jurisdictions

Globally enforcing licensing agreements for software faces complexity due to

differences in legal systems, intellectual property laws, and enforcement mechanisms
across various jurisdictions.
With software products and services distributed internationally, the enforcement of
licensing agreements encounters challenges stemming from varying legal
frameworks, potentially resulting in inconsistent outcomes and obstacles in seeking
legal remedies. (Issues in Drafting Software License Agreements, 2021)

Question 3
Ethical Justification for the protection of Software as an Intellectual
Property

The moral argument for protecting software as intellectual property (IP) stems from many
basic concepts:
1. Natural Rights Theory
Commonly known as the Lockean Theory, is a theory that holds that people have a
natural right to their works, either physical or intellectual (Jus Corpus et al., 2022). It
implies that when someone puts in the time, effort, and ingenuity to produce a novel
invention, they automatically acquire ownership of that product. It respects software
authors' intrinsic rights to control and administer their inventions, which stimulates
invention and morality in the software business. (Scanlan, 1970)

2. Utilitarian Justification
This principle seeks to maximize society's benefit by stimulating innovation and
promoting economic progress. It implies that exclusive rights and financial benefits
encourage developers to produce new software, resulting in enhanced efficiency and
production. (Piacquadio, 2017)

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 3. The Ethics and Reward Theory
When a corporation or individual devotes time and money to building software, it is
only fair that they profit from their efforts. This theory claims that authors should be
compensated for their efforts. Developers should be compensated for their additional
work, creativity, and invention, and having full rights to their software might serve as
a promotion for their work. (Mahawar, 2021)

4. The Personhood Theory

Attributed to Immanuel Kant and Georg Wilhelm Friedrich Hegel, emphasizes the
personal connection between a creator and their software product, linking intellectual
property rights to human rights such as freedom, one's identity, and confidentiality,
and serves as the foundation for European copyright law and major intellectual
property conventions. (Yoo, 2019)

To prevent illegal replication, vandalism, or other unlawful employment, software is

considered intellectual property (IP). Copyrights, patents, trademarks, and trade
secrets are all forms of shielding. These measures are moral and legal, assuring
adequate earnings for inventors and promoting as opposed to inhibiting innovation.
Illicit adoption of software is prohibited. (GeeksforGeeks, 2020)

Question 4
Arguments used for the opposition of this Justification
Whilst there are points in favour of protecting software as intellectual property, there exist
equal objections against it:
1. Patent Disclosures Are Inaccessible
Patent disclosures in software frequently involve technical terminology that
programmers may find challenging to grasp, which renders them less helpful as
technical knowledge for developers. The degree of detail necessary in a request for a
patent creates distinct obstacles because inadequate data on the algorithms might
result in endless patent assertions. (Rackham H. Karlssonis, 2021)

2. Ideas Cannot Be Possessed

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 Advocates say that intellectual property policy sees notions as real objects, thereby
conferring unjustified copyright rights. Intellectual property is critical for creation, yet
it only protects source code, not any thoughts contained inside it. (Enterprising ideas:
A guide to intellectual property for startups - WIPO 2021)

3. Stifling Innovation
Intellectual property (IP) is frequently considered a tool to encourage inventiveness,
but some believe that it may, in reality, hamper it owing to the expensive and tedious
process of gaining IP rights. While intellectual property can increase efficiency and
business values, it may also prove wasteful and stifle invention. (Jackson, 2015)

4. Patent Trolls
5. Often known as Patent Assertion Entities (PAEs), obtain patents for monetary gain
instead of to develop products. They prosecute different businesses for violating
patents, notably developers of products. Their business approach is obtaining large or
poor-quality patent collections and then suing or threatening others. (Pohlmann &
Opitz, 2013)

6. Registration and Formalities

Some argue oppose forced software licensing with a national government, stating that
software ownership should not be contingent on payment or registration.
Nevertheless, various forms of rights relating to intellectual property, including
copyrights and patents, need varying degrees of formalism. (Jackson, 2015)

These points illustrate the issue's complexities and emphasize the necessity for an
equitable solution to software IP protection.

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Question 5
Alternatives for Proprietary Software
Open-source software stands out as a noteworthy substitute for proprietary software among
other options. Software that has its source code made publicly accessible so that everyone can
see, use, edit, and distribute it is known as open-source software.

Justifications for Open-Source Software

 Open-source software fosters collaborative development by enabling a developer
community to contribute to the product's advancement. More reliable and secure
software is frequently the outcome of this cooperative approach. (Staff, 2021)

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  Open-source software solutions offer a cost-effective substitute for proprietary
software, with many of them being accessible for free. This might be particularly
helpful for people or businesses on a tight budget. (Chief, 2015)
 Open-source software gives users the freedom to alter and adapt the code to suit their
own requirements. With proprietary software, where users are constrained by the
limitations imposed by the software provider, this degree of customization is
frequently not achievable. (Curtis, 2023)
 Users gain trust in open-source software because it is transparent, allowing anybody
to see and audit the source code. The possibility of dangerous code or hidden
weaknesses in proprietary software is decreased by this transparency. (Pratt, 2021)
 Open-source projects frequently have active user and development communities that
help each other out, exchange expertise, and help the software get better all the time.
For those who employ open-source alternatives, this community support can be a
great resource. (Reock, 2020)
 Open-source software frequently facilitates inclusion by lowering entrance barriers
and being widely available. Users can participate in and gain from open-source
projects from all over the world. (Chief, 2015)

Question 6
How could Computer Professionals support themselves without
Proprietary Software?
Computer Professionals can diversify their skills and services, computer professionals can
build sustainable careers without relying on proprietary software. Additionally, embracing
open-source values of collaboration and transparency can lead to a strong professional
network and a positive reputation within the tech community.

 Open-Source Software Development

Computer professionals can actively contribute to open-source software
projects or start their own. Open-source software is developed collaboratively
by a community of developers, and it is usually freely available for anyone to
use, modify, and distribute. By contributing to these projects, professionals can
gain recognition and build a portfolio of work. (Picincu, 2019)

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  Consulting and Support Services
Computer professionals can offer consulting and support services for open-
source software. Many organizations that use open-source software require
assistance with installation, configuration, customization, and troubleshooting.
Professionals can provide these services for a fee. (Nagle, 2021)

 Custom Software Development

Professionals can specialize in custom software development, creating tailored
solutions for businesses and individuals. Open-source tools and frameworks
can be used as building blocks to develop customized applications, saving
time and resources compared to starting from scratch. (Tozzi, 2023)

 Hardware Sales and Support

In addition to software, computer professionals can specialize in open-source
hardware solutions. They can provide hardware sales, setup, and support
services for open-source hardware platforms like Raspberry Pi, Arduino, and
more. (kuiNelly, 2021)

 Training and Education

Offering training and education services related to open-source technologies
can be a lucrative business. Computer professionals can conduct workshops,
webinars, and online courses to teach others how to use and develop with
open-source tools. (Ahlawat, 2021)

 Cloud Services and Hosting

Professionals can offer cloud hosting and managed services based on open-
source software. This can include hosting websites, applications, databases,
and other services on cloud infrastructure while providing ongoing
management and maintenance. (Crahmaliuc, 2023)

 SaaS (Software as a Service)

Create software applications that are delivered as a service over the internet.
While the underlying technology may be open source, the service itself can be
a proprietary offering with a subscription-based revenue model. (Turner, 2019)

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  Contributions to Documentation and Tutorials
Professionals can create documentation, tutorials, and guides for open-source
software. High-quality documentation is often in high demand in the open-
source community and can be monetized through donations, ads, or premium
content. (Tozzi, 2023)

 Freelancing and Contract Work

Many organizations hire freelance or contract professionals for short-term
projects that involve open-source technologies. Platforms like Upwork and
Freelancer offer opportunities to find such projects. (Moorhead, 2023)

 Blockchain and Cryptocurrency Development

Explore opportunities in blockchain and cryptocurrency development. Many
blockchain technologies and cryptocurrencies are built on open-source
principles, and there's a growing demand for expertise in this field. (Hayes,
2021)

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TASK 02
Question 1
Internet of Things (IoT)
The Internet of Things (IoT) is a system of interconnected physical things that can talk to
each other and share data online. This makes it possible for these things to gather data, make
choices, and communicate with one another or with people. IoT is used in many industries.
(Greengard, 2023)
Some Real-world Examples for IoT, (Oracle 2023)
 Smart Home Devices
Smart thermostats, lights, locks, cameras, and voice assistants like Google Assistant
and Amazon Alexa are a few examples
 Wearable Health Monitors
Smart watches like the Apple Watch and fitness trackers like Fitbit
 Smart Agriculture
System Irrigation systems, CropX, Farmobile
 Connected Cars
Remote Diagnostics, Vehicle to infrastructure Communication, Vehicle to vehicle
communication, smart parking

Question 2
Pros and Cons of IoT
The "Internet of Things" refers to the enormous number of physical items that are online and
collecting and exchanging data. The Internet of Things, which merges the physical and digital
worlds, makes the environment around us more competent and responsive.

The Internet of Things (IOT) offers numerous advantages, but it also comes with its share of
challenges and potential drawbacks.

Pros Of IOT (Bhagat, 2023)

 Efficiency and convenience
IOT Devices automate tasks, making daily life, more convenient and efficient.
 Cost savings

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 IOT can lead to cost reductions through predictive maintenance and energy savings.
 Data collection and insights
IOT sensors collect vast amounts of data, which can be analyzed to gain valuable
insights.
 Safety and security
IOT devices can enhance safety by monitoring environments and detecting hazards.
 Environmental Benefits
IOT can contribute to sustainability efforts by optimizing resource use and reducing
waste.

Cons of IoT (Mlblevins, 2023)

 Privacy concerns
IOT devices can be vulnerable to cyber-attacks if not properly secured, posing risks to
privacy and data integrity.
 Privacy issues
The collection of personal data by IOT devices can raise privacy concerns, especially
if data is mishandled or falls into the wrong hands.
 Complexity
Managing a large numbers of IOT devices can be complex and require significant
infrastructure and expertise.
 Data overload
The sheer volume of data generated by IOT devices can be overwhelming, and it can
be challenging to extract meaningful insights from it.

Question 3

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Security and Privacy in IoT
To critically analyze the security and privacy concerns related to inter-communication
between two or more IoT devices, it's essential to delve into how interconnected devices can
amplify risks.
Security Concerns in Interconnected IoT Devices
Vulnerability Amplification: When two or more IoT devices communicate, the security
vulnerability of one can affect the others. For instance, if a hacker gains access to one device,
they can potentially manipulate the network to control other devices. Real-life examples
include the Mirai botnet attack, where a multitude of hacked IoT devices like cameras and
DVRs were used to orchestrate a massive Distributed Denial-of-Service (DDoS) attack,
showing how interconnected devices can pose a collective security threat. (Krebsonsecurity,
2016)
Chain Reaction of Failures: The interconnected nature of IoT devices means a failure in one
device can cascade. For instance, an attack on a smart grid could compromise connected
smart home devices, leading to widespread disruptions. The increased risk of such exploits
arises from various vulnerabilities like insecure network services, interfaces, software, and
lack of encryption. (Palmer, 2022)
Privacy Concerns in Interconnected IoT Devices
Data Privacy Breach: The interconnectivity of IoT devices leads to a massive accumulation
of personal data, which can include sensitive information like location, personal habits, and
preferences. For example, a smart home hub can collect data on a user's daily routines, which,
if accessed by unauthorized parties, could lead to privacy breaches. Cases like Amazon Alexa
sharing recorded voice files with third parties, and Google's undisclosed microphones in Nest
Secure systems highlight how such data collection can infringe on privacy. (Shaban, 2021;
Fussell, 2019)
Invisibility of Data Collection: Many IoT devices collect data subtly, without the user's
clear awareness. This can lead to situations where users are unaware of the extent of their
privacy being compromised. The reduced visibility of these data-gathering functions in IoT
devices exacerbates this issue. For example, Vizio, which sold smart TVs, were tracking
users' TV habits without consent. (UNITED STATES DISTRICT COURT DISTRICT OF
NEW JERSEY, 2017)
Scenario of Compromised Communication: Consider a hypothetical situation where the
two vehicles spoken in the assignment scenario, equipped with IoT technology, communicate

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to navigate through traffic. If a hacker breaches the security of one vehicle, they could
potentially access the travel patterns and locations of the other vehicle. This kind of
vulnerability could lead to severe privacy invasions, such as tracking an individual's
movements, potentially leading to stalking, theft, or even kidnapping. This is highly likely to
happen in a real-world situation, considering even the Tesla Model X, security was breached
in less than 90 seconds. (Secure, 2023)
Mitigation of Security and Privacy Issues in Interconnected IoT Devices
1. Robust Security Protocols:

According to Padua (2023),

 Implement advanced security measures, such as strong encryption and secure
authentication.
 Adopt an end-to-end security approach, securing all components in the IoT
ecosystem.
 Conduct regular security audits to identify and address vulnerabilities proactively.
 Educate users about IoT device risks and best practices for security.

2. Transparent Data Handling Practices:

According to Jaigirdar et al. (2023),
 Ensure clear communication with users about data collection, usage, and sharing.
 Adhere to data protection regulations, including GDPR, to respect user privacy.
 Practice data minimization, limiting collection to essential information only.
 Respect user autonomy by offering opt-out choices and privacy preference settings.

In summary, while the inter-communication of IoT devices holds the promise of increased
efficiency and convenience, it also brings significant security and privacy challenges. These
include amplified vulnerabilities due to interconnectedness, the potential for privacy invasion
through collective data aggregation, and the risk of cascading failures across interconnected
systems. Addressing these challenges necessitates robust security protocols, transparent data
handling practices, and informed consent from users, to balance the benefits of IoT with the
imperative of safeguarding privacy and security.

Question 4

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Analysis of Ethical Issues related to Social, Ethical and Legal Issues

 Social Concerns

Data-Driven Discrimination
IoT devices, by collecting extensive user data, can lead to discriminatory practices. For
example, health insurers in the U.S. offer discounts to users sharing fitness tracker data,
effectively penalizing those who don't. This raises concerns about data-based discrimination,
especially when it affects vulnerable or marginalized groups. (Smiley, 2019)
Children and Digital Manipulation
Children, as a vulnerable demographic, face risks from insecure IoT toys that collect and
transmit sensitive data. The case of Genesis Toys' insecure Bluetooth connections in
children's dolls highlights how IoT can be exploited to manipulate or commercialize
vulnerable groups. (Myrstad, 2023)
Targeting Minority Populations
IoT devices may be used to deny services based on race, ethnicity, or socioeconomic status.
For example, facial recognition technology's failure to accurately recognize people of colour
can lead to discriminatory practices in areas like airport security. (Najibi, 2020)

 Ethical Concerns

Data-Based Discrimination and Algorithmic Bias

The use of algorithms in IoT can perpetuate societal biases. For instance, Amazon's
abandoned recruiting tool, which showed bias against women, illustrates how machine
learning with biased data sets can lead to discriminatory outcomes in areas like employment
and insurance. (Dastin, 2018)
Privacy and Surveillance
Ethical privacy concerns are paramount with IoT devices being used for extensive
surveillance. The balance between security and individual privacy rights becomes a crucial
ethical debate, especially in contexts like the Hong Kong protests exemplify this concern,
where fears of being tracked led to the avoidance of smart cards and the dismantling of smart
lampposts suspected of using facial recognition technology. (Borak, 2019)

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  Legal and Regulatory Frameworks

Regulatory Gaps and Enforcement Issues

The legal frameworks governing IoT are often insufficient or not fully adapted to address the
unique challenges posed by these technologies. Issues of privacy, consumer protection, and
liability in the context of IoT require detailed legal scrutiny to protect citizens and consumers
effectively. (Verma, 2020)
Need for IoT-Specific Legislation
The emergence of IoT-specific legal challenges necessitates the development of tailored
regulations that address issues like data protection, consumer rights, and criminal liabilities
associated with IoT technologies. (Verma, 2020)
In conclusion, the integration of IoT into various aspects of daily life and governance brings
forth complex ethical, social, and legal challenges. These include issues of discrimination,
infringement on civil liberties, vulnerabilities of specific population groups, and the need for
comprehensive legal frameworks to regulate IoT use and address these challenges effectively.
Addressing these concerns requires a multi-dimensional approach involving stringent legal
regulations, ethical guidelines, and societal awareness to ensure the responsible and equitable
use of IoT technologies.

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 Conclusion

In navigating the complexities of intellectual property, the discourse surrounding software

protection encapsulates the delicate balance between fostering innovation and ensuring
accessibility. The challenges presented by software's intricacies and the pace of technological
evolution necessitate a nuanced approach. Ethical considerations underscore the importance
of recognizing and rewarding creativity, yet opposition voices caution against potential
monopolies. In this dynamic interplay, alternatives such as open-source models emerge,
offering collaborative and cost-effective solutions. Striking this balance ensures not only the
protection of intellectual property but also the cultivation of an environment where
innovation can thrive, propelling us into a future where the fruits of human ingenuity
continue to reshape the contours of progress.

As the Internet of Things promises efficiency, it prompts consideration of its pros and cons.
With interconnected devices, privacy issues emerge, necessitating careful handling of
security concerns and ethical dilemmas. Striking a balance is crucial as we navigate the
evolving landscape of IoT, contemplating a more connected world.

28 | P a g e
 Reference
(No date a) Freelance vs. contract work: Basics and differences | upwork. Available at:
[Link] (Accessed: 13 November 2023).

(No date a) Trade secret - definition, examples, types, laws, VS Patent. Available at:
[Link] (Accessed: 12 November 2023).

(No date b) Design patents: The basics - findlaw. Available at:

[Link]
(Accessed: 12 November 2023).

(No date b) How could computer professionals support themselves without ... - brainl.
Available at: [Link] (Accessed: 12 November 2023).

(No date) Competition law, policy and regulation in the digital era - UNCTAD. Available at:
[Link] (Accessed: 12 November
2023).

Ackerman, P. (no date) Current challenges in trademark management, Intellectual Property

Management Software. Available at: [Link]
challenges-in-trademark-management (Accessed: 13 November 2023).

Ahlawat, P. et al. (2021) Why you need an open source software strategy, BCG Global.
Available at: [Link]
(Accessed: 13 November 2023).

Allhoff , F. and Henschke, A. (2018) The internet of things: Foundational ethical issues,
Internet of Things. Available at:
[Link] (Accessed: 18
September 2023).

Bloomenthal, A. (no date) Licensing agreement: Definition, example, types, and benefits,
Investopedia. Available at: [Link]
(Accessed: 13 November 2023).

Borak, M. (2019) Why are Hong Kong protesters targeting lamp posts?, South China
Morning Post. Available at:
[Link]
targeting-lamp-posts (Accessed: 14 November 2023).

Brian Curtis, By and Curtis, B. (2023) What are the advantages of open source software,
YourTechDiet. Available at: [Link]
open-source-software-yourtechdiet/ (Accessed: 13 November 2023).

29 | P a g e
Caulfield, J. (2022) How to cite a patent in Apa Style, Scribbr. Available at:
[Link] (Accessed: 13 November 2023).

Challenges of protecting intellectual property in the software industry (2021) Tilleke &
Gibbins. Available at: [Link]
property-software-industry/ (Accessed: 13 November 2023).

Chief, E. in (2015) 7 main advantages and disadvantages of open source software,

ConnectUS. Available at: [Link]
of-open-source-software (Accessed: 13 November 2023).

Copyright protection in the digital age: Challenges and solutions (no date) Legal Service
India - Law, Lawyers and Legal Resources. Available at:
[Link]
[Link] (Accessed: 13 November 2023).

Crahmaliuc, R. (2023) Proprietary or open-source software - which is best?, SimScale.

Available at: [Link]
(Accessed: 13 November 2023).

Dastin, J. (2018) Amazon scraps secret AI recruiting tool that showed bias against women,
Reuters. Available at: [Link]
automation-insight-idUSKCN1MK08G (Accessed: 14 November 2023).

Delgado, I.M.G. and Delgado, R.A.G. (1970) New challenges of competition law against the
rise of Electronic Commerce, Revista de la Facultad de Jurisprudencia. Available at:
[Link] (Accessed: 13 November 2023).

Enterprising ideas: A guide to intellectual property for startups - WIPO (2021) WIPO
WORLD INTELLECTUAL PROPERTY ORGANIZATION. Available at:
[Link] (Accessed: 18 September 2023).

Fussell, S. (2019) The microphones that may be hidden in your home, The Atlantic. Available
at: [Link]
had-hidden-microphones/583387/ (Accessed: 13 November 2023).

GeeksforGeeks (2020) Ethical issues in information technology (IT), GeeksforGeeks.

Available at: [Link]
(Accessed: 18 September 2023).

Groth, Dr.D (2022) The internet of things and ethics, Project Sherpa. Available at:
[Link] (Accessed: 18 September
2023).

30 | P a g e
Hayes, A. (no date) Blockchain facts: What is it, how it works, and how it can be used,
Investopedia. Available at: [Link] (Accessed:
13 November 2023).

Hoffmann, J. (2020) Challenges that may arise in protecting trade secrets against security
threats when using videoconferencing apps, Lexology. Available at:
[Link]
(Accessed: 13 November 2023).

Hynes, J. (2023) IP bytes. Available at: [Link]

and-difficulties-in-protecting-trade-secrets-in-a-digital-age/ (Accessed: 13 November 2023).

Jackson, W. by J.W. and C. (2015) How intellectual property can help or Hinder Innovation,
Ewing Marion Kauffman Foundation Kauffmanorg. Available at:
[Link]
property-can-help-or-hinder-innovation/ (Accessed: 18 September 2023).

Jackson, W. by J.W. and C. (2015a) How intellectual property can help or Hinder
Innovation, Ewing Marion Kauffman Foundation Kauffmanorg. Available at:
[Link]
property-can-help-or-hinder-innovation/ (Accessed: 18 September 2023).

Jaigirdar, F.T. et al. (2023) Security-Aware Provenance for Transparency in IoT Data
Propagation. Available at: [Link] (Accessed: 13
November 2023).

Jedrusik, A. (no date) Patent protection for software-implemented inventions, WIPO.

Available at: [Link] (Accessed:
13 November 2023).

Jus Corpus, Jus Corpus / About AuthorMore posts by Jus Corpus and Corpus, M. posts by J.
(2022) Philosophical and economic justifications of Intellectual Property Rights, Jus Corpus.
Available at: [Link]
intellectual-property-rights/#:~:text=Also%2C%20suspicions%20have%20been
%20raised,property%20rights%20will%20be%20realized. (Accessed: 18 September 2023).

Key issues in Drafting Software License Agreements (no date) Key issues in drafting
software license agreements | Thomson Reuters. Available at:
[Link]
agreements (Accessed: 13 November 2023).

Krebsonsecurity (2016) Hacked cameras, dvrs powered today’s massive internet outage,
Krebs on Security. Available at: [Link]
powered-todays-massive-internet-outage/ (Accessed: 13 November 2023).

31 | P a g e
Kristin [Link] is a registered US attorney specializing in the areas of IP and technology
law. She is a member of Vaultinum’s Strategy and Legal Commissions charged with
overseeing and implementing the policies and processes related to the protection o (no date)
How does software copyright protect intellectual property?, Vaultinum, protect your
innovations and investments. Available at: [Link]
copyright-protect-intellectual-property (Accessed: 13 November 2023).

Letstrack (2023) The ethical considerations of using IOT devices, [Link]

Available at: [Link]
Blogid=244 (Accessed: 18 September 2023).

Mahawar, S. (2021) Theories of protection of intellectual property rights, iPleaders.

Available at: [Link]
(Accessed: 18 September 2023).

Matsuya, Y. (2013) Legal protection of software - copyright, patent and open source -
challenges for business in a mixed environment, SSRN. Available at:
[Link] (Accessed: 13 November
2023).

Mukherjee, D. (2019) Intellectual property protection in software industry - trademark -

India, Intellectual Property Protection In Software Industry - Trademark - India. Available at:
[Link]
software-industry (Accessed: 13 November 2023).

Myrstad, F. (2023) Connected toys violate European consumer law, Forbrukerrådet.

Available at: [Link]
consumer-laws/ (Accessed: 14 November 2023).

Najibi, A. (2020) Racial discrimination in face recognition technology, Science in the News.
Available at: [Link]
recognition-technology/ (Accessed: 14 November 2023).

Office, U.S.C. (no date) Copyright law of the United States (title 17) and related laws
contained in title 17 of the United States code, Copyright Law of the United States | U.S.
Copyright Office. Available at: [Link] (Accessed: 13 November
2023).

Padua, V. (2023) IOT security: Safeguarding Critical Networks against Digital assaults,
Cybersecurity Exchange. Available at:
[Link]
protecting-critical-networks/ (Accessed: 13 November 2023).

32 | P a g e
Palmer, D. (2022) What’s on your network? these are the devices most at risk of getting
hacked, ZDNET. Available at: [Link]
are-the-devices-most-at-risk-of-getting-hacked/ (Accessed: 13 November 2023).

Piacquadio, P.G. (2017) A fairness justification of Utilitarianism - Wiley Online Library,

Wiley Online Library. Available at:
[Link] (Accessed: 18 September
2023).

Picincu, A. (2019) Advantages & Disadvantages of a proprietary system vs. an open

platform, Small Business - [Link]. Available at:
[Link]
[Link] (Accessed: 13 November 2023).

Pohlmann, T. and Opitz, M. (2013) Typology of the patent troll business - wiley online
library, WILEY online Library. Available at:
[Link] (Accessed: 18 September 2023).

Popescul, D. and Georgescu, M. (2013) Internet of things some ethical issues - researchgate.
Available at: [Link]
260290933_Internet_Of_Things-Some_Ethical_Issues/links/02e7e5309a17833952000000/
[Link] (Accessed: 18 September 2023).

Pratt, M. (2021) 5 benefits of open source software, [Link]. Available at:

[Link] (Accessed: 13
November 2023).

Rackham H. Karlssonis an Associate at Intellectual Property law firm Lando & Anastasi. He
is an experienced patent practitioner with significant expertise in software-related
technologies (2021) Disclosure requirements in software patents: Avoiding indefiniteness,
[Link] | Patents & Intellectual Property Law. Available at:
[Link]
indefiniteness/id=134982/ (Accessed: 18 September 2023).

Reock, J. (no date) Top 5 benefits of open source software, OpenLogic by Perforce.
Available at: [Link]
(Accessed: 13 November 2023).

Scanlan, M.J. (1970) Locke and intellectual property rights, IGI Global. Available at:
[Link] (Accessed: 17
September 2023).

33 | P a g e
Secure, R. (2023) Striking a balance between security risks and benefits of IOT devices,
LinkedIn. Available at: [Link]
risks-benefits-iot-devices/ (Accessed: 13 November 2023).

Shaban, H. (2021) An Amazon Echo recorded a family’s conversation, then sent it to a

random person in their contacts, report says, The Washington Post. Available at:
[Link]
a-familys-conversation-then-sent-it-to-a-random-person-in-their-contacts-report-says/
(Accessed: 13 November 2023).

Smiley, L. (2019) A brutal murder, a wearable witness, and an unlikely suspect, Wired.
Available at: [Link] (Accessed: 14
November 2023).

Staff, Developer. com (2021) 7 key benefits of open source software, [Link].
Available at: [Link]
benefits/ (Accessed: 13 November 2023).

The digital economy runs on open source. here’s how to protect it. (2021) Harvard Business
Review. Available at: [Link]
heres-how-to-protect-it (Accessed: 13 November 2023).

Tozzi, C. (2023) Life without proprietary software: Is it possible?, Channel Futures.

Available at: [Link]
is-it-possible- (Accessed: 13 November 2023).

Trademarks (no date) WIPO. Available at: [Link] (Accessed:

13 November 2023).

Turner, B. (2019) What is Saas? everything you need to know about software as a service,
TechRadar. Available at: [Link] (Accessed: 13
November 2023).

Unfair competition (no date) Legal Information Institute. Available at:

[Link] (Accessed: 13 November 2023).

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY (2017) Vizio

Stipulated Proposed Order. Available at:
[Link]
pdf (Accessed: 13 November 2023).

Utility models (no date) WIPO. Available at:

[Link] (Accessed: 13 November 2023).

34 | P a g e
Utility models faqs: Protect your intellectual property, Harper James. Available at:
[Link] (Accessed: 13 November 2023).

Verma, A. (2020) Application and legal challenges of the internet of things,

iPleadersAvailable at: [Link]
things/#Legal_challenges_in_India (Accessed: 14 November 2023).

Yoo, C.S. (2019) Penn Carey Law: Legal scholarship repository, Site. Available at:
[Link] (Accessed: 18 September 2023).

35 | P a g e