Kathleen Mykytyn

Knowledge acquisition skills and traits: a self-assessment of knowledge engineers

Abstract The academic and practitioner literature has suggested that knowledge engineers are critical members of the expert systems development process, which includes knowledge acquisition. In fact, knowledge acquisition has often been cited as being the bottleneck to successful development efforts. Unfortunately, other than normative viewpoints, little attention has been paid to the behavioral and interpersonal skill set and related training of knowledge engineers, especially as pertains to the knowledge acquisition process. This study surveyed 101 persons who are, or have been, actively engaged in knowledge acquisition activities; the intent was to determine their interpersonal skills training, to ascertain their perceptions of how important many behavioral and interpersonal skills are for knowledge acquisition, and to determine how proficient knowledge engineers believe they are in terms of these skills and traits. Results indicate only minimal training in most interpersonal skills. In addition, the results showed that knowledge engineers generally feel less qualified in many of the more important skills, possibly as a result of the lack of effective education and training.

Expert systems: a question of liability?

The development of expert systems has changed dramatically in recent years based largely on concepts dealing with artificial intelligence. These efforts are evolving from very specific, academically oriented efforts, such as medical diagnosis, to more managerially oriented corporate issues. Unfortunately, many proponents of these systems may be overlooking possible legal ramifications related to both the development and use of these systems. A major issue concerns the establishment of liability for the decisions and recommendations made by expert systems. Some liabilities could include product liability and negligence. All individuals involved with expert systems (knowledge engineers, domain experts, and users) are potentially subject to legal scrutiny. It behooves organizations involved in these systems to investigate potential legal problems concerning them. As these systems become more pervasive, courts may look upon them for what they are: systems of knowledge and experience, not simply passive computer software. A framework is presented that traces the development of a product, legal issues related to the development, and normative measures that organizations can take to forestall possible legal calamities.

The role of software patents in sustaining IT-enabled competitive advantage: a call for research

A number of information technology (IT) researchers have examined IT and sustained competitive advantage. However, the relationship between software patents and IT sustained advantage is often unclear and incomplete. This paper reviews some of that research, pointing out various research contributions while indicating some of the problematic issues in dealing with competitive advantage and software patents. In addition, we highlight a number of software-based patents that have been awarded to organizations in diverse industries, including some that provide researchers and executives with insight into how organizations are protecting unique business methods with software patents. We also pose some intriguing research questions, including determining why firms do in fact patent software, and investigating the potential differences in doing business globally involving countries that either take steps to protect software assets with patents versus those that do not. Based on the information presented, we anticipate that IT researchers would be more open to investigating the relationship between software patents and sustaining IT-based competitive advantage.

A framework to limit systems developers' legal liabilities

Defects in computer-based systems (CBS) can adversely affect systems development efforts and can present serious legal challenges to developers. Of particular significance are the torts of strict products liability and negligence that can arise as a result of harm or injury resulting from, among other things, poor testing of systems, inadequate warnings, or failure to use state-of-the-art technology. The threat of injury has caused federal and state agencies and legislatures to consider seriously courses of action to inhibit the more injurious effects of such systems. This paper examines these two torts in some detail and illustrates how CBS developers could be threatened as a result of defective systems. We also present a framework for injury assessment and reduction of legal liability that can be used to guide CBS developers in assessing the possibility of injury resulting from development flaws. Further, the framework aids developers in their decision-making process by identifying appropriate measures to take to reduce their legal liability arising from what could be determined to be faulty systems development efforts. In addition, the use of the measures suggested by our framework might provide safer systems to avoid harming individuals.

Copyrighting computer software: the “look and feel” controversy and beyond

Abstract In todays society, the development of new technologies generally outpaces the laws and regulations created to protect them. This is precisely what has happened in copyright cases involving the copyrightability of the “look and feel” of a program (the visual displays and specific command keystrokes that make a computer program unique). Currently, regulatory agencies and judicial interpretation of copyright law is not precise, leading to uncertainty and a lack of uniformity. Until the courts and/or agencies reach some consistency in their rulings, software developers and individual programmers are left in a quandary as to when charges of copyright infringement might be served. Although it may be difficult to achieve consistent interpretation, US case law does provide some guidance that can aid US developers in not only protecting their work, but also avoiding charges of copyright infringement. This paper examines the current US copyright laws and limitations with special attention to “look and feel.” International copyright aspects, as outlined in the Berne Convention, the General Agreement on Tariffs and Trade (GATT), and the North American Free Trade Agreement (NAFTA) are also addressed. It also reviews several cases that deal with (or have somehow impacted) questions surrounding “look and feel,” along with commentaries on their individual impacts, evaluates where copyright laws stand today, and discusses some possible alternatives for software developers based on the results of recent cases.

Expert identification and selection: legal liability concerns and directions

Legal liabilities pertaining to the identification and selection of domain experts is an issue that could adversely impact expert systems developers. Problems pertaining to flawed knowledge, improperly defined expertise, and behavioural and psychological impediments are just some of the issues. This paper examines the torts of strict products liability and negligence that system developers could incur as a result of expert-related difficulties. Parallels from legal scholars and federal and state court decisions are discussed relevant to expert system projects and developers. The paper concludes with a presentation of steps that systems developers can take to minimize potential legal liability.

Legal aspects of decision-enhancing technologies

As advances in computer-based systems (CBS) have continued, development problems can occur which can adversely affect systems developers and users of these technologies, especially those designed to improve or affect decision making. One major difficulty concerns the legal liability that can occur as a result of defective or flawed systems development efforts. This article discusses several types of decision-enhancing technologies and how problems associated with the adequacy of testing of system design and appropriateness of warnings and directions/instructions dealing with CBS could adversely affect CBS developers from a legal perspective. Several propositions and suggested research perspectives are also presented.