Intellectual Property -- Introduction What is Intellectual Property? Should creators be assured control of their Intellectual Property? How is Intellectual Property Protected? Copyright © 2008 by Helene G. Kershner Adapted from David G Kay -- SIGCSE 2003 Intellectual Property How would you define Intellectual Property? Copyright © 2008 by Helene G. Kershner Intellectual Property – An intangible asset, considered to have value in a market, based on unique or original human knowledge and intellect. – Intellectual property may or may not be associated with a patent or copyright or other form of protection. www.bridgefieldgroup.com/glos4.htm Copyright © 2008 by Helene G. Kershner Adapted from David G Kay -- SIGCSE 2003 Intellectual Property According to the World Intellectual Property Organization: – Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Unfortunately, there is no world standard for protecting intellectual property. Copyright © 2008 by Helene G. Kershner Categories of Intellectual Property in the United States U.S. Constitution: The Congress shall have power “to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (Art.1, sec.8 cl.8) Patent (Federal Law) Copyright (Federal Law) Trademark (Mostly Federal) Trade Secret (Mostly State Law) Copyright © 2008 by Helene G. Kershner Adapted from David G Kay -- SIGCSE 2003 US Patent Requirements Statutory Criteria Any new and useful process, machine [article of] manufacture, or composition of matter Not phenomena of nature, scientific principles, abstract ideas, or pure mathematical formulas Novelty – does not exist in the “prior art” What about software? Non-obviousness – At the time the invention was made – To a person “having ordinary skill in the art” Copyright © 2008 by Helene G. Kershner Adapted from David G Kay -- SIGCSE 2003 US Copyright Requirements Automatic once work is tangible Copyright notice helpful, but NOT required! Copyright © 2001 by Peter Programmer. All rights reserved Registration optional: It is easy, inexpensive and extremely useful. Why would registration be useful, important, or even necessary? Copyright © 2008 by Helene G. Kershner Adapted from David G Kay -- SIGCSE 2003 US Copyright Requirements Author exclusively may – – – – Reproduce Distribute Create derivative works Perform or display publicly Infringement is unauthorized use with Substantial similarity Access to copyrighted work Adapted from David G Kay -- SIGCSE 2003 Copyright © 2008 by Helene G. Kershner US Copyright Does Not Protect … Independent Creation Underlying ideas Portions in the public domain Aspects dictated by external constraints (e.g. Standards, compatibility, efficiency, common practice) “Fair Use” Use outside the United States – expect where protected by other treaties and agreements. Copyright © 2008 by Helene G. Kershner Adapted from David G Kay -- SIGCSE 2003 Cyberethics Ethics and the Computer “New technology creates challenges in the areas of privacy, property, security and individual identity and radically reshapes life styles around the globe.” http://cyberethics.cbi.msstate.edu/ – This is an interdisciplinary problem. It is not limited to Computer Science, or Engineering, or Business or even Philosophy. – This is a problem for every one, every day. Like it or not -- We are an Information Society. – More people employed in “collecting, handling and distributing information than any other occupation.” http://www.misq.org/archivist/vol/no10/issue1/vol10no1mason.html – Millions of computers and computer-like devices on the planet – More information is posted daily on the Web than any one, or any organization or government Can access Can process Can read and understand Copyright © 2008 by Helene G. Kershner Cyberethics – Intellectual Capital What kind of society are we becoming? “Information is the means through which the mind expands and increases its capacity to achieve its goals.” “Intellectual Capital” is how people build their lives, careers, sense of self. But, “intellectual capital” is more at risk than physical capital (money) or things we create. “Intellectual capital” is damaged or lost whenever we “lose” information about ourselves, especially when we are not paid in someway for this loss. “Intellectual capital” is subject to error and misuse. – It can be stolen and used against our will. – We can be lied about, Ex. JuicyCampus.com – We can be threatened http://www.misq.org/archivist/vol/no10/issue1/vol10no1mason.html Copyright © 2008 by Helene G. Kershner Cyberethics Four Ethical Questions to think about for the Information Society: 1. 2. 3. 4. Privacy – What information are we obligated to reveal to others about ourselves or our associations, and under what conditions and with what safeguards? Accuracy – Who is responsible for making sure the information “out there” about us is accurate and authentic? And, if it’s not, how does it get fixed? Property – “Who owns information? What are the just and fair price’s for its exchange?” – Who owns the ways information is transmitted? Accessibility – What information do individuals, organizations, companies, and the government have the right “or privilege to obtain, under what conditions and with what safeguards?” http://www.misq.org/archivist/vol/no10/issue1/vol10no1mason.html Copyright © 2008 by Helene G. Kershner Cyberethics Privacy: Forces that threaten our privacy are: – Incredible capacity to gather information without out obvious control (Internet) – Results of 9/11, increased surveillance Who is watching the watchers? No One. Accuracy: Misinformation can make a mess of our lives. – What if this misinformation is held and used by people with power over our lives: IRAQ – Credit bureaus, bank errors, – Real information that has been edited – Identity theft Copyright © 2008 by Helene G. Kershner Cyberethics Property – How do we really protect intellectual property? – There is the Law – But, there are people who ignore the law Terribly easy to steal intellectual property Should ease of theft determine our ethics? Access – One way to protect information is to improve access to the information stored about us. – Through education we gain access to information – Universal access to technology? One laptop per child – is this enough Wireless computers, telephones, etc. Access to the Internet Through Access it may be possible for each of us to look out for ourselves and each other. http://www.misq.org/archivist/vol/no10/issue1/vol10no1mason.html Copyright © 2008 by Helene G. Kershner