ISC2 Certified Secure Software Lifecycle Professional (CSSLP) Practice Question
You are advising a development team that has created a proprietary anti-fraud algorithm embedded in a desktop application. They plan to ship only compiled binaries and never disclose the underlying source code. Which intellectual property mechanism offers the most appropriate legal protection for the algorithm?
Keeping the algorithm confidential and restricting access allows it to be protected as a trade secret. Trade secret law safeguards valuable information that derives economic value from not being generally known, provided reasonable measures are taken to maintain secrecy. A patent would require public disclosure of the invention, undermining the team's desire to keep the implementation hidden. Copyright protects the specific expression of source code but not the underlying idea or algorithm itself, and compiled binaries reveal little of the original code's expression. Trademarks protect brand identifiers such as names or logos, not functional technology.
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What is a trade secret, and how does it differ from other intellectual property protections?
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Why isn't a utility patent suitable for protecting an algorithm the team wants to keep secret?
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Can copyright protect an algorithm, and why is it not the best option in this case?
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ISC2 Certified Secure Software Lifecycle Professional (CSSLP)
Secure Software Lifecycle Management
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