Transcript Intellectual Property Rights

Intellectual
Property
Rights
©™
CSCI 327
Social Implications of Computing
Definition

Intellectual Property is any unique product of
the human intellect that has commercial value.

For example
books
 songs
 movies
 software

Dannelly the chair builder
I build a chair out of PVC and
leave it sitting in my front yard.
1.
Someone takes the chair.
•
2.
is that stealing?
My chair has a very unique design. The
next weekend I see that my neighbor has
copied the design and built his own chair.
•
is that stealing?
continued…
3.
My neighbor got the idea for his chair from
the vines on a tree between our two yards.
4.
My neighbor bought my chair. Then used it
as a pattern to make more chairs for his
backyard.
5.
My neighbor bought my chair. Then made
copies and sold them.
Initial Question

Should Intellectual Property be protected?

No - free ideas create the most benefit for the
most people.

Yes - protecting such property motivates
creators to create.
Protecting Intellectual Property

Trade Secrets



the invention is private
e.g. Coke
Patents


the invention is public
inventor has exclusive rights for 20 years

Trademarks

Copyrights
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Trademark
Includes any word, name, symbol, or device, or any combination, used, or
intended to be used, in commerce to identify and distinguish the goods of
one manufacturer or seller from goods manufactured or sold by others, and
to indicate the source of the goods. In short, a trademark is a brand name.

Copyright
Protects original works of authorship including literary, dramatic, musical,
and artistic works such as poetry, novels, movies, songs, computer
software and architecture. Copyright does not protect facts, ideas, systems,
or methods of operation, although it may protect the way these things are
expressed.
single author: lifetime of author plus 70 years
work for hire: 95 years from publication or 120 years from creation
works created before 1978:
it's really complicated
http://www.copyright.gov/help/faq/faq-duration.html
Laws

US Constitution
The congress shall have the power to promote the progress
of science and the useful arts, by securing for limited times to
authors and inventors the exclusive rights to their respective
writings and discoveries.

Copyright extension in 1909
• any form that could be seen or read visually by
humans
• hence, copies of player piano music were legal,
while copying sheet music was illegal
Laws

Copyright extension in 1980
• set of statements or instructions to be used
directly in a computer in order to bring about
certain results
• must contain original ideas

No Electronic Theft Act of 1997
• illegal to reproduce or distribute (even without
profit) more than $1,000 worth of copyrighted
material in 6 months.
Fair Use
Sometimes it is "fair use" to reproduce
copyrighted work without permission.
Four factors used by judges:
1.
2.
3.
4.
What is the purpose and character of the use?
What is the nature of the work being copied?
How much of the work is being used?
How will this use affect the market for the work?
US Copyright Act of 1976
Sony v Universal Studios

In 1976, Universal and Disney sued Sony stating
that the Betamax enabled people to copy
copyrighted material.

The supreme court ruled (5 to 4) that the private,
noncommercial use of copyrighted material is
"fair use".

Also, the Betamax should be legal to own
because it could copy non-copyrighted,
as well as copyrighted, material.
MGM v Grokster (2005)

Grokster promoted themselves as the
replacement to Napster. MGM et.al. sued
because 90% of the content was copyrighted.

Lower court judge ruled in favor of Grokster.


citing Sony v Universal - selling a copier is legal. Grokster does
not control their users actions.
Supreme Court overruled in favor of MGM et.al.
by vote of 9-0.
"We hold that one who distributes a device with the object of
promoting its use to infringe copyright, as shown by clear
expression or other affirmative steps taken to foster infringement,
is liable for the resulting acts of infringement by third parties."
Universal Studios v Reimerdes

DVDs are equipped with a Content Scrambling System to make it
hard to copy them.

In 1999 three teenagers in Norway wrote a de-css program which
was posted by several US web sites so that linux users could play
DVDs
 In Norway, the teenagers were acquitted because they have the
right to the contents of the DVD they purchased.

But, the Digital Millennium Copyright Act makes
illegal the technology to circumvent copyright
protection technology
DMCA
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Digital Millennium Copyright Act, 1998
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criminalizes technology intended to circumvent
Digital Rights Management (DRM)

created "safe harbor" for ISPs that might be
used to disseminate copyrighted material


e.g., youtube must remove content when notified,
but is not liable for users' actions
as of 2010, you can bypass a DVD's Content
Scrambling System for noncommercial use
"Megaupload boss says innocent,
rival stops file-sharing"
(Reuters, Jan 23, 2012) - The founder of file-sharing website Megaupload was ordered
to be held in custody by a New Zealand court on Monday, as he denied charges of
internet piracy and money laundering and said authorities were trying to portray the
blackest picture of him.
Prosecutor Anne Toohey argued at a bail hearing that Kim Dotcom, a German national
also known as Kim Schmitz, was a flight risk "at the extreme end of the scale" because it
was believed he had access to funds, had multiple identities and had a history of fleeing
criminal charges.
U.S. authorities want to extradite Dotcom on charges he masterminded a scheme that
made more than $175 million in a few short years by copying and distributing music,
movies and other copyrighted content without authorization. Megaupload's lawyer has
said the company simply offered online storage.
The shockwaves of the case appeared to be spreading among rival websites offering
lucrative file-sharing. FileSonic, a website providing online data storage, said in a
statement on its website that it had halted its file-sharing services.
Dotcom, 38, and three others, were arrested on Friday after New Zealand police raided
his country estate at the request of the U.S. Federal Bureau of Investigation. Police cut
Dotcom out of a safe room he had barricaded himself in, because, according to his
lawyer, he was frightened and panicked.
More Computing Court Cases
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Apple v Microsoft (1988-1994)


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Apple claimed MS's interface was their idea
Judge determined icons and menus were like buttons
and controls on a VCR or car.
Apple v Samsung v Motorola (2011-current)

Apple claimed Samsung infringed on multiple Apple
design patents
• for example : phones with rounded corners

by 2012 there were 50 lawsuits around the world
More Computing Court Cases
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Eldred v John Ashcroft

Eldred operated a web site with free versions of noncopyrighted old books. In 1998 the copyrights were
extended, but he did not remove the books.
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In 2003, the supreme court ruled against Eldred.
Can you Patent Software?

Kind of.
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Only if the software is part of
a larger process.

The US Patent and
Trademark Office issues
about 20,000 patents for
software each year.
Amazon.com
v
BarnesandNoble.com

Amazon.com developed a "one-click express
checkout" and obtained a patent

Barnes&Noble later developed a similar
interface. Amazon sued in 1999.
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B&N stated that the idea did not meet the
non-obviousness test (express pay lines are
common)
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Amazon won the case.
Copying Software
These are illegal without permission:

Copying a program onto a CD to give or sell
it to someone else
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Distributing a program over the internet
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Preloading a program onto the hard disk of a
computer to be sold
Quiz

Q: Did Dannelly break the law by adding the
Nike Swoosh to these lecture notes?
A: Probably Not

Under Fair Use

1.
2.
3.
4.
purpose of copy - educational
nature of work being copied - trademark
amount of the material being copied - all of it
effect on sales - dannelly is promoting Nike
Next Class...
 Privacy
is privacy a right
 how private is online shopping
 how common are breaches of privacy
 is data mining a bad thing

 In-Class
Writing Assignment