Ethical Challenge of Protecting Software in Emerging Economies: Copyright Law and Enforcement in Pakistan

Ethical Challenge of Protecting Software in Emerging Economies: Copyright Law and Enforcement in Pakistan

Introduction

The United States and Pakistan have similar laws protecting software using copyright and patents despite being at very different stages of economic development. Pakistan has an emerging economy with a per capita GDP of $2000 per capita and a literacy rate of 46%.[i] The US has a more mature economy with per capita GDP of $37,600 and a 97% literacy rate[ii]. Despite having similar laws regarding copyright and patent protection Pakistan has rampant piracy problems not seen in the US. It is estimated that 95% of digital media sold in Pakistan is pirated[iii]. This may be in part due to the high cost of software relative to income compared to US where software piracy exists but is less rampant. This discrepancy raises the question: Is it ethical to apply the same rules to two countries regardless of economic condition and industry maturity and what is the global effect of having the same laws but enforcing them differently?

Background

Two primary methods for protecting software throughout the world are patents and copyright[iv]. Each provides a different measure of protection. The goal of each is to promote the sharing of new inventions and creative works while ensuring that the developer of the work is compensated. Copyright provides the copyright holder rights to the work for 75 years after creation or 50 beyond author’s death whichever is shortest. It not only protects the actual syntax of the code from being copied but covers structure, sequence, and organization of the program. This is to prevent people from simply rewriting an application in another programming language. Copyright, as applied to more traditional written works such as books and songs provide for “fair use” by others. Fair use means that others can use a small portion of a copyright protected work without permission for certain reasons such as education or critical commentary. The fair use clause is not really applicable to software because it is rare that a small portion of a computer program would be used in the situations covered by the fair use clause. This is an example of stretching an existing law to cover new technology. Patents protect software in a different way by giving the creator rights to the process performed by the protected program.