Write difference between sequence and organization. What is the role of organization in laboratory work?

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Managers today are enamored of processes. It’s easy to see why. Many modern organizations are functional and hierarchical; they suffer from isolated departments, poor coordination, and limited lateral communication. All too often, work is fragmented and compartmentalized, and managers find it difficult to get things done. Scholars have faced similar problems in their research, struggling to describe organizational functioning in other than static, highly aggregated terms. For real progress to be made, the “proverbial ‘black box,’ the firm, has to be opened and studied from within.”

Processes provide a likely solution. In the broadest sense, they can be defined as collections of tasks and activities that together — and only together — transform inputs into outputs. Within organizations, these inputs and outputs can be as varied as materials, information, and people. Common examples of processes include new product development, order fulfillment, and customer service; less obvious but equally legitimate candidates are resource allocation and decision making. 

Structure, sequence and organization (SSO) is a term used in the United States to define a basis for comparing one software work to another in order to determine if copying has occurred that infringes on copyright, even when the second work is not a literal copy of the first. The term was introduced in the case of Whelan v. Jaslow in 1986.[1] The method of comparing the SSO of two software products has since evolved in attempts to avoid the extremes of over-protection and under-protection, both of which are considered to discourage innovation.[2] More recently, the concept has been used in Oracle America, Inc. v. Google, Inc.

Whelan Assocs., Inc. v. Jaslow Dental Laboratory, Inc. was a landmark case in defining principles that applied to copyright of computer software. Whelan had developed software for Jaslow to manage the operations of a dental laboratory, and later took it to market under the trade name Dentalab. Jaslow became engaged in selling the Dentalab software. He later formed a new company named Dentcom and wrote a program in a different computer language but with similar functionality that he called Dentlab, marketing it as a Dentalab successor. Whelan filed a suit in federal court in Pennsylvania alleging that the Dentlab software violated Whelan's copyrights in the Dentalab software. Whelan won the case and was awarded damages on the basis that Dentlab had substantially similar structure and overall organization.

The district court ruling in Whelan drew on the established doctrine that even when the component parts of a work cannot be copyrightable, the structure and organization of a work may be. The court also drew support from the 1985 SAS Inst. Inc. v. S&H Computer Sys. Inc. in which it had been found that copyright protected organizational and structural details, not just specific lines of source or object code. Sequence, structure and organization (SSO) in this case was defined as "the manner in which the program operates, controls and regulates the computer in receiving, assembling, calculating, retaining, correlating, and producing useful information." SSO refers to non-literal elements of computer programs that include "data input formats, file structures, design, organization and flow of the code, screen outputs or user interfaces, and the flow and sequencing of the screens.".[9] However, the SAS Inst. Inc. V. S&H Computer Sys. Inc. demonstrated that copyright can exist in derived works from publicly funded developed source code in the public domain  rather than address the issue of SSO. 

Jaslow appealed the decision. The Court of Appeals for the Third Circuit noted that computer programs are literary works under U.S. law. The court reasoned that with literary works a non-literal element is protected to the extent that it is an expression of an idea rather than the idea itself. By analogy, the purpose or function of a software work would be the work's "idea", while everything not necessary to that purpose or function would be part of the expression of the idea. The expression would be protected, although the basic purpose or function would not. On this basis the Court of Appeals upheld the district court's ruling of copyright violation due to similarity of SSO.

Early adoption and criticism

For the next few years most, but not all, circuit courts accepted the Whelan decision on SSO in one form or another. This resulted in a period of tight protection for software, since almost everything other than the broad purpose of a software work would be protected. The only exception was where the functionality could only be achieved in a very small number of ways. In these cases there could be no protection due to the merger doctrine, which applies when the expression and the idea are inextricably merged. 

In one case a court found that a defendant had infringed the right to prepare a derivative work when they copied the sequence, structure, and organization of the plaintiff's file formats, screen, reports, and transaction codes, even though different data fields were present.[14] In 1986 the ruling in Broderbund Software, Inc v. Unison World, Inc appeared to prevent software developers from marketing products with the same or similar user interfaces, regardless of whether there was anything in common in the underlying code. In the 1990 case of Lotus v. Paperback the U.S. District Court for Massachusetts decided that Paperback's VP-Planner software violated the copyright of Lotus's 1-2-3 spreadsheet program since it had the same user interface, even though the underlying code was completely different. 

A technical criticism of Whelan is that it fails to distinguish between the sequence in which instructions are presented in the text of a program and the sequence in which the instructions are executed - the program's behavior. Both the textual and behavioral aspects have their own SSO, but a programmer would see the textual SSO as relatively unimportant. A related point is that although the text of a computer program may be an "original work of authorship", protected by copyright laws. The algorithms and designs that the program embodies may be better considered to be "processes, procedures, systems, methods of operation", which are explicitly excluded from copyright protection although they may be protectable by patents. The distinction between the code's SSO, which is protected by copyright, and the protocol or algorithm, which is patentable, is however extremely difficult to maintain.

The Whelan ruling has been criticized as being "dangerously broad". By saying that the purpose of the program was to assist a Dental lab operation, and that anything not essential to that purpose was an expression, it left open a wide range of functions that could be deemed "not essential" and therefore subject to protection. In the 1988 Healthcare Affiliated Services, Inc. v. Lippany the court took a position more in line with the idea-expression merger concept, saying that the defendant's choice of scope, variables to be used and other aspects of what its software would do did not constitute the SSO. In 1987 the Court of Appeals for the Fifth Circuit rejected the extension of copyright protection to the non-literal elements of computer programs in the case of Plains Cotton Cooperative Ass'n v. Goodpasture Computer Serv. The court held that input formats were idea rather than expression and refused to extend protection to these formats. The court said: "We decline to embrace Whelan."

Computer Associates

Main article: Computer Associates Int. Inc. v. Altai Inc.

In Computer Associates Int. Inc. v. Altai Inc. in 1992 the Second Circuit Court of Appeals agreed with the conclusion in Whelanthat the structure, sequence and organization of a program might by protected by copyright where appropriate.[21] However, the court went on to say, "As we have already noted, a computer program's ultimate function or purpose is the composite result of interacting subroutines. Since each Subroutine is itself a program, and thus, may be said to have its own 'idea,' Whelan's general formulation that a program's overall Purpose equates with the program's idea is descriptively inadequate.