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.
• is that stealing?
2. 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
 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. What is the purpose and character of the use?
2. What is the nature of the work being copied?
3. How much of the work is being used?
4. 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
 Digital Millennium Copyright Act, 1998
 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

 Apple v Microsoft (1988-1994)

 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

 Eldred v John Ashcroft

 Eldred operated a web site with free versions of non-
copyrighted old books. In 1998 the copyrights were
extended, but he did not remove the books.
 In 2003, the supreme court ruled against Eldred.
 Can you Patent Software?

 Kind of.
 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.
 B&N stated that the idea did not meet the non-
obviousness test (express pay lines are
common)
 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
 Distributing a program over the internet
 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. purpose of copy - educational
2. nature of work being copied - trademark
3. amount of the material being copied - all of it
4. 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