Abstract: This active learning project is centered on what is perhaps the first case of "computer ethics" in the history of computing wherein it is suggested that one of the designers of one of the first computers in the world perhaps got his ideas from an earlier source, and then conveniently forgot that source in a subsequent court case of patent rights.

Goals for the activity: To examine the interactions between scientists and researchers in the sharing of their findings.

To develop:

1. A knowledge of the early development of the computer;
2. The skill to critically analyze a historical event in the light of current knowledge (without prejudicing the analysis); and
3. The attitude that history has relevance.

Procedure:

Pre-class activity: There is good evidence to suggest that the credit for the "invention" of the computer can be shared among at least five people who worked on the concept of the computer in the 1930s:

• Alan Turing (UK), for the concept of the universal machine (On Computable Numbers, with an application to the Entscheidungsproblem, Proc. Lond. Math. Soc. (2) 42 pp. 230-265 (1936); correction ibid. 43, pp 544-546 (1937));
• Konrad Zuse (Germany), for the first relay machine in about 1935 and his subsequent machines that were created during World War II;
• Howard Aiken (USA), for the Harvard Mark I calculator eventually built in 1943;
• George Stibitz (USA), for his relay calculator built on his kitchen table (the Model-K) in 1937; and
• John Vincent Atanasoff (USA), with Clifford Berry, for his creation of a special purpose machine that contained the major components of a modern computer at Iowa State College during 1937-1942.

The computer as we know it today emanates from the work of John Mauchly and J.Presper Eckert to develop the ENIAC which was completed in 1946.

As a pre-class activity ask the students to scan the articles on the WWW listed above and develop a time-line for these early computers. (The time-line can be brought to class and used to assess participation points or for a grade.)

In-class activity: Present the story of the interaction between John Atanasoff and John Mauchly through the use of the first four (4) slides of the class notes (up to Pearl Harbor). Pause.

Questions:

1. Briefly describe the characteristics of the ABC machine.
2. So far, who were the stake holders?
3. Who was Clifford Berry?
4. Do graduate research assistants share in any "ownership" of ideas about the work that is directed by a professor? Do students in a class share any "ownership" of ideas developed in homework assignments?
5. What did they own individually? (Mauchly had ideas. Did he "own" these? Are ideas "property"?)
6. Having opened his laboratory to Mauchly should Atanasoff have any expectations of privacy in the disclosure of things seen there?
7. What were the assumptions that Atanasoff might have had in allowing Mauchly to read his notes?
8. Does professional courtesy outweigh even an implied "non-disclosure agreement"?
9. Did the fact that Mauchly used the phrase "Atanasoff computer" in his correspondence imply any recognition of the property rights of Atanasoff?
10. What is "intellectual property"?

Continue with the story through the development of the ENIAC and the 1953 initial investigation by IBM (3 more slides). Pause.

Questions:

1. Briefly describe the characteristics of ENIAC.
2. Eckert and Mauchly have now created a device of far greater capacity and capability than the machine of Atanasoff. Is this a new machine or a development?
3. Did ENIAC contain any of the elements of the ABC?
4. What are the differences between the two machines?
5. Is there any evidence that Eckert knew of the work of Atanasoff?

Now present the trial information (next 4 slides) and then pause.

Questions:

1. Did John Mauchly perjure himself?
2. Did his faulty memory conceal plagiarism?
3. Is this a case of industrial espionage or professional ethics?
4. Did the failure of Atanasoff to patent his machine leave the door open to others to use his concepts?
5. Should a university (such as Iowa State College) be permitted to patent items, or should such inventions be in the public domain especially when the institution is a public institution?
6. Was anyone hurt in this exchange?
7. Who invented the computer?
8. Can a judge, who has not technical background, be expected to rule appropriately in a case involving technical considerations?
9. What should Atanasoff done better to assert his claims to being the inventor of the computer?

Closing:

1. Summarize the need concepts of intellectual property and the ownership of concepts even before they become artifacts, combined with the necessity to give credit to others ideas even when those ideas have been developed further. Discuss research notebooks and their importance in proving ownership or prior authorship.
2. Is this the first case of computer ethics or the first case of poor protection of intellectual property?
3. While this is a "historical" case, does it have any consequences today? What have we learned from this story? If you had an invention and a friend asked to see it, what protections would you set in place? Is this akin to "pre-nuptial agreements"? What would it take to ask a friend or colleague to sign such a document?

The pre-class activity can give an indication of the student's knowledge of the background to this scenario, and participation in the discussion that follows each segment of the presentation will assess the understanding of the problem. Perhaps best of all a post-class assignment to critically analyze the scenario will allow a better assessment of the myriad concerns brought to light here (ethics, professional responsibilities, intellectual property rights).

Clearly the question of John Mauchly's guilt or innocence is an unanswered legal question. His widow, Kay Mauchly Antonelli, has continued his fight for clearing his name in this issue. She has shown that he was developing some of the concepts that were used in the ENIAC before his visit to Iowa State College, and has some of his notes and artifacts from that era. We should not tarnish the legacy of John Mauchly by assuming that his only contribution to history was the things that he based on the work of Atanasoff.

J.A.N. Lee
Department of Computer Science
Virginia Tech
Blacksburg VA 24061-0106
E-mail: janlee@cs.vt.edu

Student Version

There is good evidence to suggest that the credit for the "invention" of the computer can be shared among at least five people who worked on the concept of the computer in the 1930s:

• Alan Turing (UK), for the concept of the universal machine (On Computable Numbers, with an application to the Entscheidungsproblem, Proc. Lond. Math. Soc. (2) 42 pp. 230-265 (1936); correction ibid. 43, pp 544-546 (1937));
• Konrad Zuse (Germany), for the first relay machine in about 1935 and his subsequent machines that were created during World War II;
• Howard Aiken (USA), for the Harvard Mark I calculator eventually built in 1943;
• George Stibitz (USA), for his relay calculator built on his kitchen table (the Model-K) in 1937; and
• John Vincent Atanasoff (USA), with Clifford Berry, for his creation of a special purpose machine that contained the major components of a modern computer at Iowa State College during 1937-1942.

The computer as we know it today emanates from the work of John Mauchly and J.Presper Eckert to develop the ENIAC which was completed in 1946.

Scan the articles on the WWW listed above and develop a time-line for these early computers. The time-line should be brought to class and used to assess participation points or for a grade. As far as possible the time-line should show the years of work, clearly distinguishing between the development of the concept and the implementation of the design.