lecture3:
Intellectual Property
Overview
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Introduction
Intellectual property rights
Protecting intellectual property
Fair use
New restrictions on use
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Overview
• Peer-to-peer networks
• Protections for software
• Open-source software
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Introduction
• Value of intellectual properties much greater than
value of media
– Creating first copy is costly
– Duplicates cost almost nothing
• Illegal copying pervasive
– Internet allows copies to spread quickly and widely
• In light of advances in information technology, how
should we treat intellectual property?
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Definition of intellectual property
• it means all intellectual property produced by
human thought of inventions and artistic
creations and other product of the human
mind.
• Intellectual property is divided into three
categories were:
• Industrial Property
• Commercial Property • Literary property...
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more of Intellectual Property
• Intellectual property: any unique product of
the human intellect that has commercial value
– Books, songs, movies
– Paintings, drawings
– Inventions, chemical formulas, computer
programs->
• Intellectual property ≠ physical manifestation
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Property Rights
• Locke: The Second Treatise of Government
• People have a right…
– to property in their own person
– to their own labor
– to things which they remove from Nature through their
labor
• As long as…
– nobody claims more property than they can use
– after someone removes something from common state,
there is plenty left over
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Benefits of Intellectual Property
Protection
• New ideas can improve quality of life.
• Some people are altruistic; some are not.
• Authors of U.S. Constitution recognized
benefits to limited intellectual property
protection
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Limits to Intellectual Property Protection
1. Giving creators rights to their inventions
stimulates creativity… and profit.
2. Society benefits most when inventions in
public domain
3. Congress has struck compromise by giving
authors and inventors rights for a limited
time
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Trademark, Service Mark
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Trademark: Identifies goods
Service mark: Identifies services
Company can establish a “brand name”
Does not expire
If brand name becomes common noun, trademark
may be lost
• Companies advertise to protect their trademarks
• Companies also protect trademarks by contacting
those who misuse them
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Patent
• A public document that provides detailed
description of invention
• Provides owner with exclusive right to the
invention
• Owner can prevent others from making, using,
or selling invention for 20 years
• Patent Process
• Patent It!
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The World of Patents
• US Patent Office
• Unusual Patents in the UK
• Patenting Microbes?
• Unusual Patents in the US
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Slide 4- 12
Copyright
• Provides owner of an original (authored) work four
rights
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Reproduction
Distribution
Public display
Public performance
• Copyright-related industries represent 5% of U.S.
gross domestic product (> $500 billion/yr)
• Copyright protection has expanded greatly since
1790
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Used with permission of John Deering and Creators Syndicate, Inc
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Copyright Creep
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Fair Use
Fair Usage Policy
It Is A Policy Used By Internet Service Providers(ISP) To
Deceive And Prevent Its Subscriber
capacity Of Infringement Determined By
The Company, So That The Company Does Not
lose Any Data Or Exaggerated, When The Joint Is To
Download Or upload ALarge Database. There
Are Monthly Or Daily Limit For Download From
The Internet And When The Client Goes Beyond This
Limit, The Speed Automatically Drops To A
Low Speed Until the End Of The Deadline Set By The
Service Provider
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Fair Use
Fair Use Concept
• Sometimes legal to reproduce a copyrighted
work without permission
• Courts consider four factors
– Purpose and character of use
– Nature of work
– Amount of work being copied
– Affect on market for work
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Time Shifting
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4.6 Peer-to-Peer Networks
• Peer-to-peer network
– Connects computers running same networking program.
– Computers can access files stored on each other’s hard
drives.
• How P2P networks facilitate data exchange
– Give each user access to data stored in many other
computers.
– Allow users to identify systems with faster file exchange
speeds .
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‫شبكة الند للند من الفروع بدون هيكلة أساسية مركزية‪.‬‬
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‫نموذج لشبكة مركزية تعتمد على جهاز خادم‬
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Napster
• Peer-to-peer music exchange network.
• One of the music services that can be
accessed via the Internet.
• Music represents the first serviceenabled peer-to-peer file sharing.
• Began operation in 1999.
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FastTrack
• Second-generation peer-to-peer network
technology.
• started as a peer-to-peer file sharing
application
• Kazaa Media Desktop was commonly used to
exchange MP3 music files and other file types,
such as videos, applications over the Internet.
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Comparing Napster and FastTrack
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Violations of Software Copyrights
• Copying a program to give or sell to someone
else
• Preloading a program onto the hard disk of a
computer being sold
• Distributing a program over the Internet
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Software Patents
• Patent protection began in 1981
• Inventions can be patented, but not
algorithms
• Patent Office having a hard time
determining prior art
• Result: some bad patents have been issued.
• Until 1981, Patent Office refused to grant
software patents
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More Software Patents
• Thousands of software patents now exist.
• Licensing patents a source of revenue
• Secondary market for software patents
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Open Source
•Generally, Open Source Refers To
A Computer Program In Which The Source
Code Is Available To The General Public For
Use And/Or Modification From Its Original
Design.
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More Open-Source Definition
• No restrictions preventing others from selling or
giving away software
• Source code included in distribution
• No restrictions preventing others from modifying
source code
• No restrictions regarding how people can use
software
• Bottom Line:
• Company can sell an open-source software.
• Can’t prevent others from selling it either.
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Examples of Open-Source Software
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Apache
Sendmail
Firefox
OpenOffice.org
Perl, PHP, Zope
GNU compilers for C, C++, Objective-C, Fortran, Java,
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GNU Project and Linux
• GNU Project
– Begun by Richard Stallman in 1984
– Goal: Develop open-source, Unix-like operating system
– Most components developed in late 1980s
• Linux
– Linus Torvalds wrote Unix-like kernel in 1991
– Commonly called Linux
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