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单词 software
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software


soft·ware

S0540200 (sôft′wâr′, sŏft′-)n. Computers The programs, routines, and symbolic languages that control the functioning of the hardware and direct its operation.

software

(ˈsɒftˌwɛə) n1. (Computer Science) computing the programs that can be used with a particular computer system. Compare hardware22. (Electronics) video cassettes and discs for use with a particular video system

soft•ware

(ˈsɔftˌwɛər, ˈsɒft-)

n. 1. a. programs for directing the operation of a computer or processing electronic data (disting. from hardware). b. documentation (def. 3). 2. any material requiring the use of mechanical or electrical equipment, esp. audiovisual material such as film, tapes, or records. [1955–60]

soft·ware

(sôft′wâr′) The programs, programming languages, and data that direct the operations of a computer system. Word processing programs and Internet browsers are examples of software. Compare hardware.

Software

 the collection of computer programmes that can be used with a particular computer, 1963.

software

computer programs
Thesaurus
Noun1.software - (computer science) written programs or procedures or rules and associated documentation pertaining to the operation of a computer system and that are stored in read/write memorysoftware - (computer science) written programs or procedures or rules and associated documentation pertaining to the operation of a computer system and that are stored in read/write memory; "the market for software is expected to expand"computer software, software package, software program, software system, packagecomputer science, computing - the branch of engineering science that studies (with the aid of computers) computable processes and structurescomputer code, code - (computer science) the symbolic arrangement of data or instructions in a computer program or the set of such instructionsalpha software - a first release of a software product that is usually tested only by the developersauthoring language - software that can be used to develop interactive computer programs without the technically demanding task of computer programmingbeta software - software that has not yet been released but has received an alpha test and still has more bugs than a regular release; "beta software is usually available only to particular users who will test it"compatible software - software that can run on different computers without modificationcompatible software - application software programs that share common conventions so they can be utilized togethercomputer-aided design, CAD - software used in art and architecture and engineering and manufacturing to assist in precision drawingfreeware - software that is provided without chargegroupware - software that can be used by a group of people who are working on the same information but may be distributed in spaceoperating system, OS - (computer science) software that controls the execution of computer programs and may provide various servicescomputer program, computer programme, programme, program - (computer science) a sequence of instructions that a computer can interpret and execute; "the program required several hundred lines of code"subprogram, subroutine, procedure, routine, function - a set sequence of steps, part of larger computer programshareware - software that is available free of charge; may be distributed for evaluation with a fee requested for additional features or a manual etc.shrink-wrapped software - software on CD-ROMs that are boxed and shrink-wrapped and sold in stores (implying a widely supported standard platform)spyware - computer software that obtains information from a user's computer without the user's knowledge or consentsupervisory software - specialized programs that reside permanently in the computer's main memory and control the processing of user's programssoftware documentation, documentation - program listings or technical manuals describing the operation and use of programsdatabase management system, DBMS - a software system that facilitates the creation and maintenance and use of an electronic databaseupgrade - software that provides better performance than an earlier version didcomputer hardware, hardware - (computer science) the mechanical, magnetic, electronic, and electrical components making up a computer system
Translations
软件

soft

(soft) adjective1. not hard or firm; easily changing shape when pressed. a soft cushion. 軟的 软的2. pleasantly smooth to the touch. The dog has a soft, silky coat. 鬆軟的 松软的3. not loud. a soft voice. 柔和的 柔和的4. (of colour) not bright or harsh. a soft pink. (顏色)柔和的 (颜色)柔和的 5. not strict (enough). You are too soft with him. 軟弱的 软弱的6. (of a drink) not alcoholic. At the party they were serving soft drinks as well as wine and spirits. 不含酒精的(軟飲料) 不含酒精的(软饮料) 7. childishly weak, timid or silly. Don't be so soft – the dog won't hurt you. 膽怯的 胆怯的ˈsoftly adverb 柔軟地 柔软地ˈsoftness noun 溫柔 温柔soften (ˈsofn) verb to make or become soft or softer, less strong or less painful. The thick walls softened the noise of the explosion. 軟化,減輕痛苦,少痛苦 软化,减弱,少痛苦 ˌsoft-ˈboiled adjective (of eggs) slightly boiled, so that the yolk is still soft. She likes her eggs soft-boiled. (蛋)煮得半熟的 (蛋)煮得半熟的 ˌsoft-ˈhearted adjective kind-hearted and generous. He had been given some money by a soft-hearted aunt. 好心腸的 好心肠的ˌsoft-ˈspoken adjective having a gentle voice or manner. She was a soft-spoken woman with a shy smile. 說話溫柔的 说话温柔的ˈsoftware noun computer programs, as opposed to the machines themselves (ˈhardware). 軟體 软件ˈsoftwood noun, adjective (of) the wood of a conebearing tree eg a pine. softwood furniture. 軟木材 软木材have a soft spot for to have a weakness for (someone or something) because of great affection. He's always had a soft spot for his youngest son. 易受打動的(感情) 易受打动的(感情)

software

软件zhCN

software


software as a service

A software distribution model in which a client pays via subscription for a third party to store and maintain applications that can be accessed by the client over the Internet (i.e. on the cloud). Sometimes hyphenated. Software as a service makes it easy for businesses to maintain a current software suite.See also: service, software

software entropy

The tendency for computer software to become gradually worse in performance or responsiveness over time, eventually leading to it becoming completely faulty, unresponsive, or unusable. This is either due to software failing to remain up to date and compatible with the operating system in which it operates, or because the software's code has been updated or altered in ways that have introduced more bugs and errors over time. (It doesn't refer to actual physical decay.) If you want to develop programs that people continue to use for years to come, you've got to factor in ways to avoid software entropy with each new update, the users will eventually move on to something that works better. A lot of people just let programs sit on their hard drives for years at a time without being updated or upgraded at all, and then are totally flabbergasted when software entropy renders them totally unusable down the line.See also: software

software decay

The tendency for computer software to become gradually worse in performance or responsiveness over time, eventually leading to it becoming completely faulty, unresponsive, or unusable. This is either due to software failing to remain up to date and compatible with the operating system in which it operates, or because the software's code has been updated or altered in ways that have introduced more bugs and errors over time. (It doesn't refer to actual physical decay.) If you want to develop programs that people continue to use for years to come, you've got to factor in ways to avoid software decay with each new update, the users will eventually move on to something that works better. A lot of people just let programs sit on their hard drives for years at a time without being updated or upgraded at all, and then are totally flabbergasted when software decay renders them totally unusable down the line.See also: decay, software

software rot

The tendency for computer software to become gradually worse in performance or responsiveness over time, eventually leading to it becoming completely faulty, unresponsive, or unusable. This is either due to software failing to remain up to date and compatible with the operating system in which it operates, or because the software's code has been updated or altered in ways that have introduced more bugs and errors over time. (It doesn't refer to actual physical decay.) If you want to develop programs that people continue to use for years to come, you've got to factor in ways to avoid software rot with each new update, the users will eventually move on to something that works better. A lot of people just let programs sit on their hard drives for years at a time without being updated or upgraded at all, and then are totally flabbergasted when software rot renders them totally unusable down the line.See also: rot, software

software rot

n. an imaginary disease that causes computer programs to go bad over a long period of time. (Computers.) What you have here is not a bug, but just plain old software rot. See also: rot, software

software


software

1. Computing the programs that can be used with a particular computer system 2. video cassettes and discs for use with a particular video system

Software

 

(in digital computers), a system of programs that goes with a specific digital computer and is intended to aid in its use; also, mathematical methods and algorithms used in developing

Table 1. Main characteristics of the most important soft-magnetic materials
 Chemical composition (percent by weight)B0 × 10−3(gauss)Tc (°C)ρ × 105(ohm • cm)μ0 × 10−3(gauss/oersted)μmax × 10−3(gauss/oersted)Hc (oersteds)Hysteresis losses at B = 5,000 G (erg/cm3
Note: μ0 and μmax are initial and maximum magnetic permeability of soft-magnetic materials; Tc is the Curie point; ρ is electrical resistance; Hc is coercive force; B0, B1, and Bm are saturation, remnant, and maximum induction in a field of 8-10 oersteds; 1 G = 10−4 tesla; 1 oersted = 79.6 A/m
*Textured crystals †After treatment in a longitudinal magnetic field ‡After treatment in a transverse magnetic field
80 NM (Supermalloy) ...............80 Ni, 5 Mo; remainder Fe8400551001,0000.00510
79 NM (molybdenum Permalloy) ...............79 Ni, 4 Mo; remainder Fe845050402000.0270
50 N ...............50 Ni; remainder Fe15500455400.1150
50 NP* ...............50 Ni; remainder Fe1550045Br/Bm = 0.951000.1600 (for B = 15,0000 G)
40 NKMP (rectangular Perminvar) ...............40 Ni, 25 Co, 4 Mo; remainder Fe1460063Br/Bm = 0.956000.02200 (for B = 14,0000 G)
40 NKML (linear Perminvar)‡40 Ni, 25 Co, 4 Mo; remainder Fe146006322.0 + (< 15%)
47 NK (linear Perminvar)‡47 Ni, 23 Co; remainder Fe16650200.90.90 + (< 15%)
49 KF-VI (Permendur) ...............49 Co, 2 V; remainder Fe23.5980401500.55,000
16 luKh ...............16 Al, 2 Cr; remainder Fe734016010800.03100
10 Slu (sendast)9.5 Si, 5.5 Al; remainder Fe1055080351000.0230
Armco iron ...............100 Fe21.5768120.5100.85,000
E 44 ...............4 Si; remainder Fe19.8680570.4100.51,200
E 330 ...............3.5 Si; remainder Fe20690501.5300.2350
Ni-Zn ferrite ...............(Ni,Zn)O.Fe2O32-3500-15010110.05-0.51.5-0.5
Mn-Zn ferrite ...............(Mn,Zn)O.Fe2O33.5-4.017010712.50.6

the programs. It consists of general-purpose software, developed by the enterprise that manufactures the computer, and special software, developed by the machine users. General-purpose software is available to every user. The cost of the general-purpose software is included in the cost of the computer and constitutes a significant part (30 percent or more).

Elementary forms of software can be found even in first-generation machines (for example, the IS-2 system for the M-20 computer, which consists of a library of subroutines and a librarian program). However, complete software for first-generation computers was impossible because of their slow speed and small internal memory capacity. The operation of second- and third-generation computers without general-purpose software (and, specifically, without an operating system) is impossible.

A program that belongs to the software of a computer should be usable on the computer using certain other programs of the software system, if necessary. It should have the structure adopted for the software system and should be compiled by and supplied with instructions established for the software system. Finally, it should be recorded and fed into the software system according to accepted rules. These conditions ensure compatibility of the programs belonging to the software system and make it possible for any user to use them.

General-purpose software usually consists of an operating system, means of maintaining the software system in working condition, programming facilities, and additions. Test programs for monitoring the working condition of the computer are also part of the software, although they are used only by service personnel, are not used in programming, and do not affect programming.

The operating system is a program supplement to a digital computer; operating together they form a kind of new machine, which has its own system of operations and machine language. The operating system includes programs that provide input of orders for performance of jobs, preliminary planning of the course of job execution and distribution of machine equipment, input of programs or parts of them, operational execution of jobs and statistical records of equipment used and machine time expended, and output of information. As of 1974 no precise distribution of functions among the different programs of the operating system and no unambiguous terminology had been established. The programs for feeding programs and parts of them are usually called loaders, the program for preliminary planning of the course of jobs is called the planner (sometimes the monitor), and the program for direct control of jobs is called the dispatcher (sometimes the supervisor). The other programs have different names in different software systems.

The composition of the operating system and the internal structure of its programs depend to a large degree on the configuration of the computer—that is, its hardware (digital computers of the same type may differ in the number of disk or tape storage units or in the number of input and output devices), the functional interrelationships of the hardware, the class of problems for which the computer is primarily intended, and its mode of use. The best-known operating systems are intended for solving scientific, technical, and economic problems.

The means for maintaining the software system in working condition are programs for copying materials recorded on machine data carriers, forming subroutine libraries, and performing the “daily grooming” of the operating system (for example, erasing magnetic tapes and disks, editing information). This section of the software also includes programs that are used at the beginning of computer operations to obtain a certain version of the information system that corresponds to the existing computer configuration and to make changes in the operating system when there has been a change in the configuration of the computer or when the operating system is modernized.

The programming facilities are various programs used to make new programs: translators from various algorithmic languages and programs that assemble programs from modules and automate the debugging of new programs under development.

The system of programming facilities usually envisions the use of algorithmic languages (programming input languages) on three levels: machine-oriented languages (assembly languages); problem-oriented algorithmic languages, which are suitable for programming narrow classes of problems (for example, the RPG language, which is used for computers made by IBM, ICL, and many other companies); and one or more general-purpose algorithmic languages, such as ALGOL, FORTRAN, or COBOL. The possibility of computer debugging of programs given in algorithmic languages should be included in the translators themselves or provided by means of independent debugging programs.

The system of programming facilities for third-generation computers is ordinarily based on the modular principle. The modules are data files given in the algorithmic language of the computing system or in the input language for programming. Files given in the input languages for programming should contain the information necessary to convert them into modules. A program that assembles programs from modules is sometimes called a composer. The operating system sometimes includes a library of modules (in the language of the execution system). New modules that are put together in the programming process may be included in the library of modules by using an appropriate program from the software system’s support facilities.

The “additions” section of the software system includes programs to solve specific problems—for example, a transportation problem, the problem of solving a system of linear equations, a distribution problem of linear programming, and a problem of equalization of dynamic series. The programs included in the additions part are usually grouped by classes of problems (for example, a linear algebra and a mathematical statistics package).

There are two methods of developing general-purpose software. In the first method the software is developed and debugged on an auxiliary computer on which the executive computer can be simulated by programming. This is convenient because the software can be developed ahead of time, without the executive computer. However, in this case it is necessary to have a fairly high-performance auxiliary computer that already has software. In the second method the software is developed after at least an experimental model of the executive computer is available. The software is developed in such a way that the parts of the software already available can be used in developing the missing parts. In the development of new computers it is economically advantageous to retain the system of instructions from computers developed earlier and to use software that is already available. Thus, all programs developed for computers already in operation may also be used in the new computer if it is provided with adequate equipment.

The software is arranged in the computer as follows. The basic part of the dispatcher program (called the resident) is usually stored in the machine’s main memory; the other parts of the dispatcher program and the other software programs are put in external memory devices. Damage to the dispatcher program during operation of the computer is possible; therefore, an easily accessible copy of the resident is usually stored in the machine. The main memory of the digital computer is divided into three parts: the resident’s area; the working field, to which the resident calls up necessary parts of the operating system (not included in the resident) from external memory devices in the course of work; and the user area, which contains the program (or parts of programs) of the problems being solved, the raw data, and the results obtained. A considerable proportion of the external memory units is not occupied by software materials and also constitutes a user area. Software can be used efficiently only if the user area is sufficiently large, and this is only possible where the computer has a large memory capacity. This must be kept in mind when choosing a computer.

Special software is developed by the computer user to solve his specific problems, taking advantage of all capabilities of the general-purpose software. The special software may include translators from new languages not included in the general-purpose software, user-developed supplementary monitoring programs, and programs for solving specific problems or classes of problems. In an exceptional case the software may include programs that supplement the operating system. In special cases the programs that make up the special software are developed directly in the machine language to eliminate use of the operating system. This is done when the demands made on the program being developed are so high that the operating system does not meet them.

REFERENCES

Ledley, R. S. Programmirovanie i ispol’zovanie tsifrovykh vychislitel’nykh mashin. Moscow, 1966. (Translated from English.)
Flores, I. Programmnoe obespechenie. Moscow, 1971. (Translated from English.)
Germain, C. B. Programmirovanie na IBM-360. Moscow, 1971. (Translated from English.)
Lipaev, V. V., K. K. Kolin, and L. A. Serebrovskii. Matematicheskoe obespechenie upravliaiushchikh TsVM. Moscow, 1972.
Vilenkin, S. Ia., and E. A. Trakhtengerts. Matematicheskoe obespechenie upravliaiushchikh vychislitel’nykh mashin. Moscow, 1972.
Tarakanov, K. V. “Obshchie printsipy i struktura matematicheskogo obespecheniia avtomatizirovannykh sistem upravleniia.” In the collection Tsifrovaia vychislitel’naia tekhnika i programmirovanie, fasc. 7. Moscow, 1972.

N. A. KRINITSKII

software

[′sȯf‚wer] (computer science) The totality of programs usable on a particular kind of computer, together with the documentation associated with a computer or program, such as manuals, diagrams, and operating instructions.

Software

A set of instructions that cause a computer to perform one or more tasks. The set of instructions is often called a program or, if the set is particularly large and complex, a system. Computers cannot do any useful work without instructions from software; thus a combination of software and hardware (the computer) is necessary to do any computerized work. A program must tell the computer each of a set of minuscule tasks to perform, in a framework of logic, such that the computer knows exactly what to do and when to do it. See Computer programming

Programs are written in programming languages, especially designed to facilitate the creation of software. In the 1950s, programming languages were numerical languages easily understood by computer hardware; often, programmers said they were writing such programs in machine language.

Machine language was cumbersome, error-prone, and hard to change. In the latter 1950s, assembler (or assembly) language was invented. Assembler language was nearly the same as machine language, except that symbolic (instead of numerical) operations and symbolic addresses were used, making the code considerably easier to change.

The programmable aspects of computer hardware have not changed much since the 1950s. Computers still have numerical operations, and numerical addresses by which data may be accessed. However, programmers now use high-level languages, which look much more like English than a string of numbers or operation codes. See Numerical representation (computers), Programming languages

Well-known programming languages include Basic, Java, and C. Basic has been modified into Visual Basic, a language useful for writing the portion of a program that the user “talks to” (i.e., the user interface or graphical user interface or GUI). Java is especially useful for creating software that runs on a network of computers. C and C++ are powerful but complex languages for writing such software as systems software and games. See Human-computer interaction, Local-area networks, Wide-area networks

Packaged software such as word processors, spreadsheets, graphics and drawing tools, email systems, and games are widely available and used. Some software packages are enormous; for example, enterprise resource planning (ERP) software can be used by companies to perform almost all of their so-called backoffice software work. See Computer graphics, Electronic mail

Systems software is necessary to support the running of an application program. Operating systems are needed to link the machine-dependent needs of a program with the capabilities of the machine on which it runs. Compilers translate programs from high-level languages into machine languages. Database programs keep track of where and how data are stored on the various storage facilities of a typical computer, and simplify the task of entering data into those facilities or retrieving the data. Networking software provides the support necessary for computers to interact with each other, and with data storage facilities, in a situation where multiple computers are necessary to perform a task, or when software is running on a network of computers (such as the Internet or the World Wide Web). See Database management system, Internet, Operating system

Business applications software processes transactions, produces paychecks, and does the myriad of other tasks that are essential to running any business. Roughly two-thirds of software applications are in the business area.

Scientific and engineering software satisfies the needs of a scientific or engineering user to perform enterprise-specific tasks. Because scientific and engineering tasks tend to be very enterprise-specific, there has been no generalization of this application area analogous to the that of the ERP for backoffice business systems. The scientific-engineering application usually is considered to be in second place only to business software in terms of software products built.

Edutainment software instructs (educates) or plays games with (entertains) the user. Such software often employs elaborate graphics and complex logic. This is one of the most rapidly growing software application areas, and includes software to produce special effects for movies and television programs.

Real-time software operates in a time-compressed, real-world environment. Although most software is in some sense real-time, since the users of modern software are usually interacting with it via a GUI, real-time software typically has much shorter time constraints. For example, software that controls a nuclear reactor must make decisions and react to its environment in minuscule fractions of a second.

With the advent of multiple program portions, software development has become considerably more complicated. Whereas it was formerly considered sensible to develop all of a software system in the same programming language, now the different portions are often developed in entirely different languages. The relatively complex GUI, for example, can most conveniently be developed in one of the so-called visual languages, since those languages contain powerful facilities for creating it. The server software, on the other hand, will likely be built using a database package and the database language SQL (a Structured Query Language, for inquiring into the contents of a database). If the server software is also responsible for interacting with a network such as the Internet, it may also be coded in a network-support language such as Java. An object-oriented approach may be adopted in its development, since the software will need to manipulate objects on the Internet. See Computer programming, Object-oriented programming, Software engineering

software

(programming)(Or "computer program", "program", "code") Theinstructions executed by a computer, as opposed to thephysical device on which they run (the "hardware").

The term was coined by the eminent statistician, John Tukey.

Programs stored on non-volatile storage built fromintegrated circuits (e.g. ROM or PROM) are usuallycalled firmware.

Software can be split into two main types - system softwareand application software or application programs. Systemsoftware is any software required to support the production orexecution of application programs but which is not specific toany particular application. Examples of system software wouldinclude the operating system, compilers, editors andsorting programs.

Examples of application programs would include an accountspackage or a CAD program. Other broad classes ofapplication software include real-time software, business software, scientific and engineering software, embedded software, personal computer software and artificial intelligence software.

Software includes both source code written by humans andexecutable machine code produced by assemblers orcompilers. It does not usually include the data processedby programs unless this is in a format such as multimediawhich depends on the use of computers for its presentation.This distinction becomes unclear in cases such as spread sheets which can contain both instructions (formulae andmacros) and data. There are also various intermediatecompiled or semi-compiled, forms of software such aslibrary files and byte-code.

Some claim that documentation (both paper and electronic) isalso software. Others go further and define software to beprograms plus documentation though this does not correspondwith common usage.

The noun "program" describes a single, complete andmore-or-less self-contained list of instructions, often storedin a single file, whereas "code" and "software" areuncountable nouns describing some number of instructions whichmay constitute one or more programs or part thereof. Mostprograms, however, rely heavily on various kinds of operating system software for their execution. The nounds "code" and"software" both refer to the same thing but "code" tends tosuggest an interest in the implementation details whereas"software" is more of a user's term.

software

Instructions for the computer. A series of instructions that performs a particular task is called a "program." The two major software categories are "system software" and "application software."

System Software Runs the Computer
System software is made up of the operating system and other control programs for managing the hardware and running the applications.

Application Software Runs the Business
Application software is any program that processes data for the user (inventory, payroll, spreadsheet, word processor). Even games and DVD playback software are applications. The terms "software," "program" and "application" are synonymous and commonly interchanged in the same discussion. See system software, application software, information system, data processing and wares.

Software Is Not Data
A common misconception is that software is data. It is not. Software tells the hardware how to process the data.

 Software is "run."Data are "processed."

software


software

 [soft´wār] a program written in a computer language telling a computer to perform a given task.database access software programs that make it easier to use regular online systems by providing an interface between the user and these systems. This interface can translate a search statement into the command language of the system, and sometimes provide automatic dialing, access, and so on. Called also front end or gateway software.front end software (gateway software) database access software.menu driven software software aided by a menu of choices for commands and formats to be selected by the user.

soft·ware

(soft'wār), The program or instructions for a computer.

software

Computer programs, procedures, rules and any associated documentation pertaining to the operation of a system.

software

Informatics A sequence of programmed instructions used to operate a computer and perform specific tasks Examples Assemblers, compilers, programs, programming languages, routines, translators, and documentation; PC software includes word processors, databases, spreadsheets, graphics, desktop publishers. See Computer, Speech recognition software, Tunneling software. Cf Hardware.

Patient discussion about software

Q. I'm having problem remembering how to operate a computer software. Is learning possible only at a young age? I have been trying to learn a new software program that my kids got me but I keep forgetting how to get it started. Is learning possible only at a young age?A. This is a common concern among older adults. However the answer is actually- not at all. People can learn throughout their life span. In fact, it is important to continue and learn new skills as we age. Learning new skills, like new games, new dances, and a new language, and playing a musical instrument, help keep our mind sharp longer. With age, we may be slower to pick up new information. However, the ability to learn does not go away unless we are inflicted with dementia. It may require more effort but you can continue to learn.

Q. I am looking for an Enterprise-wide Hospital Management Software to run a tertiary level of care Hospital. The software should be an ERP taking into account all the hospital's operation from reception to admission, tranfer, to discharge, including facility management, account department operations to house keeping and Human Resources ManagementA. Not really my field, but googling would give you plenty of results, and this one (http://www.business.com/directory/health_care/facilities_and_health_systems/facilities_management/) might be a good place to start your search.
Also, here (http://en.wikipedia.org/wiki/List_of_open_source_healthcare_software) you can find a list of open source healthcare software you may find usefull.
Goodluck!

More discussions about software

Software


Related to Software: types of software

Software

Intangible Personal Property consisting of mathematical codes, programs, routines, and other functions that controls the functioning and operation of a computer's hardware.

Software instructs a computer what to do. (The computer's physical components are called hardware.) Computer software is the general term for a variety of procedures and routines that harness the computational power of a computer to produce, for example, a general operating system that coordinates the basic workings of the computer or specific applications that produce a database, a financial spreadsheet, a written document, or a game. Computer programmers use different types of programming languages to create the intricate sets of instructions that make computing possible.

Until the personal computer revolution began in the 1980s, software was written mainly for business, government, and the military, which employed large mainframe computers as hardware. With the introduction of personal computers, which have rapidly increased in power and performance, software has emerged as an important commercial product that can be marketed to individuals and small business as well as big business and the government.

Software is, under the law, Intellectual Property and therefore entitled to protection from persons who seek to exploit it illegally. Software can be protected through the use of trade secrets, Copyright, Patents, and Trademarks.

Trade Secret protection may apply to unpublished works and the basic software instructions called source code. Typically trade secrets will be effective if a company develops software and wishes to prevent others from finding out about it. A person who works on developing the software will be required to sign a nondisclosure agreement, which is a contract that obligates the person signing it to keep the project a secret.

Once software is developed and is ready to be sold, it can be copyrighted. Copyright protects the expression of an idea, not the idea itself. For example, a person could not copyright the idea of a computer database management system but could copyright the structure and content of a database software program that expresses the idea of a database system.

Court decisions appear to have limited copyright protection for some features of software. In Apple Computer v. Microsoft Corporation, 35 F.3d 1435 (9th Cir. 1994), the court held that Apple Computer could not copyright the graphical user interface (GUI) it had developed for its Macintosh computer. Microsoft Corporation's Windows software program contained a GUI nearly identical to Apple's. The court stated that Microsoft and other software developers were free to copy the "functional" elements of Apple's GUI because there are only a limited number of ways that the basic GUI can be expressed differently.

In Lotus Development Corp. v. Borland International, 49 F.3d 807 (1st Cir. 1995), Lotus alleged that Borland had copied the hierarchical menu system of the Lotus 1-2-3 spreadsheet program, which contained 469 commands, in its Quattro spreadsheet program. The court of appeals ruled that Borland had not infringed on Lotus's copyright because the menu command hierarchy was a "method of operation," which is not copyrightable under federal copyright law (17 U.S.C.A. § 102(b)).

Patent law supplies another avenue of protection for software companies. A patent protects the idea itself. It is often an unattractive option, however, because it takes a significant amount of time, usually two years, and money to obtain a patent from the U.S. Patent and Trademark Office. The patent process is complicated and technical, with the applicant required to prove to the Patent and Trademark Office that a patent is deserved. Because the shelf life of a software program is often short, seeking a patent for the program is often impractical.

Trademark law protects the name of the software, not the software itself. Protecting a name from being used by others can be more valuable than other forms of protection.

When software is leased or sold, the purchaser usually must agree to accept a software license. When a business negotiates with a software company, it will sign a license agreement that details how the software is to be used and limits its distribution. A software license is an effective tool in preventing Piracy.

When consumers buy software from a software company or through a third-party business, they find in the packaging a software license. The license is typically on the sealed envelope that contains the software media, which itself is sealed in plastic wrapping. These "shrink-wrap licenses" describe contractual conditions regarding the purchaser's use of the software. The opening of the shrink-wrap, according to the license, constitutes acceptance of all of the terms contained in the license agreement.

The purchaser is informed that the software is licensed and not sold to the purchaser. By retaining title to the software, the computer software company seeks to impose conditions upon the purchaser, or licensee, that are not otherwise permissible under federal copyright law. The principal terms of the shrink-wrap license include prohibiting the unauthorized copying and renting of the software, prohibiting reverse engineering (figuring out how the software works) and modifications of the software, limiting the use of the software to one computer, disclaiming warranties, and limiting liabilities.

The enforceability of shrink-wrap licenses has been challenged in the courts. The prevailing view is that when mass-market prepackaged software is sold, the transaction is a sale of goods and not a true license agreement. The key issue is whether the license document is part of an enforceable contract. Defenders of shrink-wrap licenses argue that the purchaser agrees to the conditions of the license after breaking the packaging seal and therefore contract law must uphold the written terms of the contract. Opponents argue that the sequence of events in the typical software purchase transaction is skewed. The purchaser is not aware of the license agreement until after the sale is consummated. The purchaser's acceptance of the license agreement is inferred when he or she opens the package or uses the software. However, the purchaser does not sign the license agreement. She may not even read the terms of the license agreement and, in any case, does not expressly agree to them.

In Step-Saver Data Systems v. Wyse Technology, 939 F.2d 91 (1991), the Third Circuit Court of Appeals held that the shrink-wrap license did not become part of the contract and therefore was not a valid modification to a previously existing contractual relationship for the sale of prepackaged computer software. The court concluded that, under the Uniform Commercial Code § 2-207, a contract had existed prior to the opening of the package, the license contained new terms that materially altered the contract, and the purchaser did not expressly accept these terms. Because of these conclusions, the license agreement was invalid and unenforceable.

Lawsuits involving the software industry have not been limited to intellectual property disputes. In 1998, the U.S. Justice Department brought an antitrust lawsuit against Microsoft Corporation, alleging that the company had illegally taken advantage of its software Monopoly to stifle competitors in the software market. A federal district judge in 1999 found Microsoft guilty of violating antitrust laws and in 2000 ordered that the company be divided into two separate companies, U.S. v. Microsoft, 253 F.3d 34 (D.C. Cir. 2001). However, a federal appellate court in 2001 overruled the district court's ruling, though it upheld the finding that Microsoft had violated antitrust laws. In 2002, Microsoft and the Justice Department reached a settlement whereby Microsoft agreed to disclose sensitive technology to its competitors and to allow manufacturers and customers to remove Microsoft icons from some of the features in the company's system software.

Software developers have legitimate concerns about software piracy. Counterfeiting is an international problem that results in the sale of millions of dollars of pirated software. The Software Publisher's Association (SPA) and the Business Software Alliance (BSA) are major organizations that combat software piracy. The SPA is the leading international trade association for the personal computer software industry. Both SPA and BSA have collected millions of dollars worldwide from companies that have used pirated software. Most companies using pirated software are reported by former employees.

Piracy can take a number of forms. Computer users can commit piracy by using a single copy of licensed software to install on multiple computers. Similarly, copying disks and swapping disks inside and outside of the workplace can constitute forms of software piracy. The Internet has likewise become a major source for illegally pirated software. A number of websites offer full, pirated programs that can be downloaded for free or exchanged with other users. Although the BSA, SPA and other organizations have sought to track these providers and take them offline, such sites still exist.

A number of programs are available to protect software against piracy. Many companies require users to enter special pass codes that correspond to the specific copies purchased by the users. Other software must be registered directly with the company over the Internet. Although piracy still exists at a significant rate, the BSA estimated that software piracy during 2001 cost companies $10.97 billion. Nonetheless, statistics indicate that piracy has been on the decline since the mid-1990s. Among the reasons noted by the BSA for this reduction are the employment of more effective means of distributing legal copies of software and a reduction in the price of software over the previous decade.

Further readings

Band, Jonathan. 1995. Interfaces on Trial: Intellectual Property and Interoperability in the Global Software Industry. Boulder, Colo.: Westview Press.

Clapes, Anthony Lawrence. 1993. Softwars: The Legal Battles for Control of the Global Software Industry. Westport, Conn.: Quorum.

Evans, David S., ed. 2002. Microsoft, Antitrust and the New Economy: Selected Essays. Boston: Kluwer Academic.

Lautsch, John C. 1985. American Standard Handbook of Software Business Law. Reston, Va.: Reston.

Cross-references

Computer-Assisted Legal Research; Computer Crime; E-Mail; Internet; Sales Law.

software


software

the PROGRAMS or instructions that make a COMPUTER system perform particular data-processing tasks. Some software makes the computer system operate while other software packages like SPREADSHEETS or WORD PROCESSING provide solutions to particular business problems.
See S/W
See SW

software


Related to software: types of software
  • noun

Synonyms for software

noun (computer science) written programs or procedures or rules and associated documentation pertaining to the operation of a computer system and that are stored in read/write memory

Synonyms

  • computer software
  • software package
  • software program
  • software system
  • package

Related Words

  • computer science
  • computing
  • computer code
  • code
  • alpha software
  • authoring language
  • beta software
  • compatible software
  • computer-aided design
  • CAD
  • freeware
  • groupware
  • operating system
  • OS
  • computer program
  • computer programme
  • programme
  • program
  • subprogram
  • subroutine
  • procedure
  • routine
  • function
  • shareware
  • shrink-wrapped software
  • spyware
  • supervisory software
  • software documentation
  • documentation
  • database management system
  • DBMS
  • upgrade

Antonyms

  • computer hardware
  • hardware
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