Rights and Responsibilities

Objective

1. Learners must know how to use computers with ethics
2. Learners must know the types of software and the rights protection of software.
3. Learners must know what intellectual property is.
4. Learners must know about copyright. Copyright law and Copyright infringement

Ethics in computer use

• Refers to the principles of morality and ethics that are established to be used as a guideline or control the use of computer and information systems

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• In practice, determining whether an action is unethical is difficult. It may not be said very clearly, depending on the culture of society in each country as well. In the case where the owner of the company uses cameras to detect or monitor the work of employees, etc.

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• An example of an action that is generally accepted as being unethical is using a computer to cause damage or annoyance to others. By putting pictures or personal information of other people on the internet without permission, or using computers to steal information, accessing other people's data or computers without permission, or violating copyright.
• from : https://tinyurl.com/ewbnddy4

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Ethics in computer use (PAPA)

Privacy

Refers to the right to be left alone and the owner has rights to control how his or her information is disclosed to others. This right applies to individuals, groups of people, and organizations.

Related issues :�1. Accessing messages in electronic mail, recording information on a computer, and exchanging information when people use websites and newsgroups.

�2. Using technology to track the movements or behavior of employees, for example, companies use computers to detect or monitor operations. Although the employees' operations are based on monitoring their work to improve the quality of service, many activities of employees are also monitored. Employees lose their privacy, which is considered unethical.���           

Privacy

3. Using customer information from various sources for the benefit of expanding the market.

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4. Collecting phone numbers, email addresses, credit card numbers and other personal information to create a new customer history database and then sell it to other companies��           

Privacy

To prevent violations of the rights to privacy of data and information, people should be careful when providing information, especially using the internet that offers promotions or specifies registration before using the service, such as credit card information, personal information and email address

Accuracy

Cause of using computers to collect, store, and retrieve data. One important characteristic is the reliability of the information. How reliable the information will be depending on the accuracy of the recording.

Ethical issues related to data accuracy. In general, it is considered that

• Who will be responsible for the accuracy of the information collected and published, for example if an organization allows customers to register themselves?
• Or in the case of information published through the website. How can you know that an error was not intentional? And who will be responsible if something goes wrong?

Accuracy

Preparing data and information to be accurate and reliable.

• Data should be validated before being imported into the database. Including updating information to keep it up to date.
• It should also give people the right to access. You can check the accuracy of your information. For example, instructors can view the scores of students in their area of responsibility or teaching. To check that the entered score has not been altered.

Property

Ownership rights mean ownership of property, which may be

• General tangible assets such as cars, computers
• Intangible intellectual property (ideas) such as songs, and computer programs but can be broadcast and recorded on various media such as printed media, tapes, CD-ROMs, etc.      

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Property

When purchasing a computer program that is copyrighted

This means that we have paid ourselves a license to use that software. After opening the box or packaging. it means that we have accepted the copyright agreement for using that product.

Copyright for use varies by product and company.

• Some programs are only allowed in one-time installation and not allowed to be used on other computers, even if that computer is owned by us and no one else uses it.
• Some companies allow the use of the program on multiple computers as long as the person who owns the computer program has rights to the purchased computer.

Property

Copying computer programs for friends

It is an action that must be carefully considered before the program is copied. What level of rights do you have for the computer program?

For example :

• Copyright or Software License for purchasing licensed software and having the right to use
• Shareware - Software allows you to try before deciding to buy.
• Freeware - Software is free to use, copy and distribute to others.

Data accessibility

Using the program or computer systems often has rights you are assigned. According to the level of the user. To take various actions with user data that are not involved and maintain the confidentiality of information.

• Examples of rights in using the system, such as recording, editing, updating and deleting, etc.
• In developing computer systems, a security system for user access has been designed, and accessing other people's information without their consent is considered unethical as well as a violation of personal rights.

Moreover Property

• Rights of each type of software

What types of software are protected? And how is it used? (from: https://tinyurl.com/2p9jp9m5)

1. Commercial ware�       is commercial software used for distribution or reserved for business purposes. The user must pay a fee for purchasing the license for use of that software. The developer or seller will design the conditions. to the user on what they can do or there is a limit on the number of users and certain features, etc.

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• Shareware�      is a program that can be tried and used first without charge. The trial period is 15 days or 30 days. When the term expires, the program will stop working immediately. But if the user is satisfied and wants to continue using it. Users can buy the program and use it perfectly.

What types of software are protected? And how is it used? (from: https://tinyurl.com/2p9jp9m5)

3. Adware� is an advertising-supported program. They often come bundled with free software programs and often have pop-up advertisements popping up while the program is running. If users want those ads to disappear You have to pay to buy the full version of the program so that there are no more annoying ads.

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4. Freeware�      is software that can be used free of charge. But there will be conditions and limitations of use, such as users are not allowed to modify or use for commercial purposes for profit is strictly prohibited.

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5. Open-Source Software�      is software that can be used for free like Freeware and also allows users to develop or modify programs without restrictions. Without breaking any laws or rules of use.

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What is intellectual property?

Intellectual Property

Intellectual property refers to works resulting from inventions, or human creations. which emphasizes the products of intelligence and expertise without limiting the type of creativity or how to express it in the form of tangible things such as various products or in the form of intangible things such as services, business ideas, industrial production processes, etc.

Intellectual property

• Intellectual property is divided into 2 types:
• Copyright
• Industrial Property

What is copyright?

Copyright

Copyright law: Protection - What is not covered? And how do you risk being arrested - fined - or imprisoned?

• From the viral trend, only 7 words can be sung by a famous country singer who was unable to sing the songs he used to sing after leaving the record label. Because it is copyrighted by the camp or news about copyright infringement that has always been a social issue.

What are copyrighted works?

What are copyrighted works?

What are copyrighted works?

Copyright law also protects the rights of performers. However, copyright protection is not covering ideas, steps, methods, systems, methods of use, methods of working, concepts, principles, discoveries, scientific or mathematical theories.

Things that are not protected by copyright law

Copyright law protects the expression of ideas. However, concepts such as process steps and ideas will not be protected. Moreover, works that are news, daily news, laws, regulations, and court judgments will not be protected.

In summary, the copyright owner has the following exclusive rights:

• Right to reproduce or modify
• Right to publish to the public
• The right to rent originals or copies of computer programs, audiovisual materials, movies, and sound recordings.
• The right to provide benefits arising from copyright to others.
• The right to allow others to exercise the exclusive rights of the copyright owner above.

What kind of actions are considered copyright infringement?

There are 2 types of copyright infringement:

1. Direct copyright infringement is the reproduction, modification, or distribution of protected works to the public. without the consent of the owner

2. Indirect copyright infringement is a commercial act. or actions that contribute to copyright infringement.

What are the legal penalties for copyright infringement?

Copyright infringement is criminally punishable by both imprisonment and fines, as the case may be.

1. Direct copyright infringement There is a fine ranging from 20,000 - 200,000 baht if it is done for commercial purposes. There is a penalty of imprisonment from 6 months - 4 years or a fine from 100,000 - 800,000 baht, or both.
2. Indirect copyright infringement There is a fine ranging from 10,000 baht - 100,000 baht if it is done for commercial purposes. There is a penalty of imprisonment from 3 months - 2 years or a fine from 50,000 baht - 400,000 baht or both.

The new copyright law (Thailand) comes into effect on 23 August 2022.

Update on the new copyright law in 2022

• Service providers that serve as a medium for transmitting computer data or allowing communication via the Internet, such as Facebook, YouTube, will be exempt from liability for copyright infringement in various cases, such as

– Not the originator of the data transmission

– Automatically transmit data without you selecting the data.

– Not the person who determines the recipient of the information

– Transmit computer data without changing the content of the information

– Do not store duplicate copies of data created during the computer dormancy process on a computer system or network in a manner that is generally accessible to others.

• Service providers that serve as a medium for transmitting computer data or allowing communication via the Internet, such as Facebook, YouTube, can remove copyright infringing work from the system immediately upon notification from the copyright owner. without having to go through the court process

How long does copyright protection last?

• Copyright is protected for the life of the creator and continues for another 50 years after the creator's death.

• Some copyrighted works. There will be a different duration of coverage, such as audiovisual materials, movies, and sound recordings or broadcasting work. The protection period will be 50 years from the date the work was created or since the job was first advertised

***Copyright Act (No. 5) B.E. 2022: Section 21 Copyright in audiovisual materials, films, sound recordings. or a sound broadcasting work, it shall last 50 years from the time the work was created. But if the job has been advertised during that period Copyright lasts fifty years from the first time it is published.

Industrial Property

Industrial Property

mean

• Human creativity is related to various industrial products
• creativity It may be an idea of invention. This may be a process or production technique. that has been improved or newly invented or industrial product design that is the composition and shape of the product
• It also includes 2 trademarks. trade secret plant protection Layout diagram of an integrated circuit and geographic indications, etc.

Industrial property can be divided as follows:

• Patent
• Layout-Design of Integrated Circuits
• Trademark
• Trade Secret
• Tradename
• Geographical Indication

Patents and �petty patents

• Refers to an important document issued by the government to protect inventions or product designs. that has the characteristics specified by law In other words, a patent.
• It means that the state protects inventions. or designing products for patent holders have absolute rights or the exclusive right to exploit the invention or the design of the patented product within the period specified by law.

Patents and petty patents

• Petty patents are intellectual property that arises from creative works from inventions that are not complicated may be easily thought of. It is a creative idea with a not very high level of technological development. Or it is just a little invention? But it must be a new invention and can be applied industrially and be more useful.

In addition :

Period of patent protection

• An invention patent is valid for 20 years from the date of application.
• Product design patents are valid for 10 years from the date of application.

Similarities and differences between patents/petty patents

Relevant Thai laws

• Copyright Act 2022
• Electronic Transactions Act
• 2001Computer Crime Act 2017
• PDPA (Personal Data Protection Act), effective 1 June 2022.

Copyright Act (No. 5) B.E. 2022

• https://www.ipthailand.go.th/th/dip-law-2/item/act_cr65.html
• https://www.thailibrary.in.th/2022/03/17/copyright-act-2565/
• This Act contains certain provisions on restriction of rights and freedoms of persons which Article 26 together with Article 37 and Article 40 of the Constitution of the Kingdom of Thailand provides for by virtue of the provisions of law.�The reasons and necessity for restricting the rights and freedoms of persons under this Act are to enhance the protection of copyrighted works in accordance with technological changes and to comply with the world Intellectual Property Organization Copyright Treaty to which Thailand will be a party.

Copyright Act (No. 5) B.E. 2022

• https://www.thailibrary.in.th/2022/03/17/copyright-act-2565/
• One of the points of interest is the photograph. The Act of 1994 states in Section 21 as follows: Copyright in photographic works, audiovisual materials, films, sound recordings or broadcasting works shall be valid for fifty years from the time the work was created. But if the work is advertised, During that period, the copyright shall be valid for fifty years from the time it was first advertised.�The Fifth Act repealed Section 21 of the Copyright Act B.E. 2537 (1994) and substituted the following ... Copyright in audiovisual materials, films, sound recordings or broadcasting works shall be valid for fifty years from the time the work was created. But if the work is advertised during that period, the copyright shall be valid for fifty years from the time it was first advertised.�In other words, Act No. 5 eliminated the word "photograph", so the age of protection for photographs is in accordance with Section 19 instead, i.e. ... Copyright under this Act shall exist for the lifetime of the creator and shall continue to exist for a period of fifty years. Since the creator's death.### It means that the photograph will have a longer protection life.

Penalty

• Section 70/1 Whoever commits a violation of rights administration information under Section 53/1 or Section 53/2 or violates technological measures under Section 53/4 or Section 53/6 shall be liable to a fine not exceeding one hundred thousand Baht.�If the offense under paragraph one is an act for commercial purposes. The offender shall be punished with imprisonment not exceeding two years or a fine not exceeding four hundred thousand baht, or both.

Electronic Transactions Act B.E. 2544 (2001)

• This Act focuses on determining the legal effect of electronic information. It has a function-equivalent approach. Technology Neutrality/Media Neutrality includes: Party autonomy this act will come into force alongside other existing laws. It does not replace the enforcement of other laws.
• https://tinyurl.com/34w76fmj

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Keynote

• Messages contained in electronic forms are binding and enforceable by law (Article 7).�The preservation of manuscripts must have a method that can be accessed and reused without changing meaning. It is complete and can be referenced later (Section 8,12).�Signature certification a reliable method must be used. The owner of the signature can be identified and can prove that the owner of the signature accept it as his/her own (Article 9)�Government electronic transactions (Section 35)

Computer Crime Act (No. 2) B.E. 2560 (2017)

• On January 23, 2017, His Majesty the King Maha Vajiralongkorn Bodintornthepyavarangkoon issued a royal decree to promulgate the Computer Crime Law No. 2 B.E. 2560 (2017), which amended the rate of fines or imprisonment. For sending information causing annoyance to the recipient or bringing information into the computer system that is false, distorted, obscene, editing images of others to be defamatory, humiliating, including measures to mitigate damages arising from the offense. It became effective on May 24, 2017.
• https://citcoms.nu.ac.th/computer-2560/

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Computer Crime Act (No. 2) B.E. 2560 (2017)

• To make online use legal. We will summarize the substance. The Act Computer Crime (No. 2) B.E. 2560 (2017) Here's a simple step:
• Depositing a shop on Facebook, IG is considered spam and fined 200,000 baht.�Sending SMS to advertise without consent must have the option for the recipient to reject that information. Otherwise, it is considered spam and fined 200,000 baht.�Sending e-mail to sell goods is considered spam, a fine of 200,000 baht�Clicking Like is not wrong under the Act, except for liking matters related to institutions, risking being an offense under Section 112 or a joint offense.�Pressing Share constitutes publishing. If the information shared affects others, it may be considered an offense under the Act, especially affecting the 3rd person.

Computer Crime Act (No. 2) B.E. 2560 (2017)

6. Illegal information was found on our computer systems. But it's not something that the owner of the computer himself does. Notification can be made to the responsible department. If the information is reported and deleted, the owner will not be guilty of any legal offence, such as comments on various websites, including Facebook. If it is found that expressing an opinion is illegal. When notified to the responsible agency to delete immediately. The owner of the website system is not guilty.�Therefore, the Admin is open to comment. When found guilty of a violation of the Act, when removed from the area in their care, they will be considered acquitted, but if they refuse to delete it, they will be punished with imprisonment for not more than 5 years, a fine not exceeding 100,000 baht, or both.�Post obscene material that can cause dissemination to the public. Imprisonment not exceeding 5 years and a fine not exceeding 100,000 baht�Posts about children Youth must cover their faces except when they are glorified. Honorable appreciation

Computer Crime Act (No. 2) B.E. 2560 (2017)

10. Providing information about the deceased must not cause disgrace or insult or hatred, relatives can sue according to the law. Imprisonment not exceeding 3 years and a fine not exceeding 200,000 baht.�Posting insults against others already has criminal laws. No actual data or edited accused the offender can be punished with imprisonment not exceeding 3 years and a fine not exceeding 200,000 baht.�Do not infringe any copyright on any text, music, pictures or videos.�Send someone else's shared photos, such as hello, greeting not wrong. If not, take the image for commercial use. Earn money

Fault characteristics

• Actions against computer systems

Access to the system (Article 5)�Disclosure of system access prevention measures (Article 6)�System interference (Article 10)

• Actions against computer data

Access to information (Article 7)� Interception (Section 8)� Data interference (Article 9)� Spam mail (Article 11)� Importing/disseminating inappropriate information (Article 14)� Dissemination of defamatory montages (Article 16)

Fault characteristics

3. Offences against security (Article 12)�4. Use of the order to commit an offence (Section 13)�5. Offences committed by service providers (Article 15, Article 26)�6. Disclosure of Information of Competent Officials (Section 24)