CS 306 Chapter 6 – Intellectual Property 6.1 Intellectual Property and Changing Technology 6.1.1 What is intellectual Property? Patent Legal concept of that defines rights to intellectual property Value of Intellectual property and artistic works Protection of Intellectual Right of the creator Example: e-book file, “book” , CD etc.. Copyrights are granted for a limited, but long, time – for example, the lifetime of the author plus 70 years. U.S Copyright Law (Title 17 of U.S Code) gives … To make copies of the works To produce derivative works … To distribute copies To perform the work in public To display the work in the public The government grants patents (covered in Title 35 of U.S. Code) for inventions of new things or processes 6.1.2 Problems From New Technologies Some of the technological factors are the following: Storage of all sorts of information (text, sound…. ) High-volume, relatively inexpensive digital storage media, such as hard disk… Character Scanners and images scanners, …. Compression formats… More… P. 238 6.2 Copy Right Law 6.2.1 A bit Of History The first U.S copyright law, passed in 1790, covered books, maps, and charts. Copyright Act of 1909 Court decision 1908 case In the 1960, the government began recognizing copyrights for software and databases, although copyright law at the did not mention them. In 1976 and 1980 copyright law was revised to cover software (p. 239) (p. 240 cases ) 6.2.2 The Fair-use Doctrine As the Constitution indicates, the purpose of copyright is to “ENCOURAGE PRODUCTION” of useful work. The fair use doctrine allows uses of copyrighted material that contribute to the creation of new work (such as reviews that quote part of a copyrighted work) and uses that are likely to deprive authors or publishers of income for their work. 6.2.3 Fair-Use Cases Sony vs. Universal City Studios The Court ruled in 1984, in a 5-4 decision, that recording a movie for viewing at a later time was a fair use. Reverse Engineering: Game Machines In the Sony case, the Supreme Court ruled that noncommercial copyright of entire movie was a fair use. 6.3. Copying Music, Movies, Software, and Books 6.3.1 From Floppies to the Web 6.3.2 The Napster Case 6.3.3 Software Piracy Trading WAREZ Cracked OR Defeated Underground Grounds of programmers Software and Information Industry Association (SIIS) and Software Publishers Association (SPA) Business Software Alliance (BSA) $11-13 Billion per year Chart Fig. 6.1 SIIA estimated $2.8 Billion of software was pirated in 1998. 200,000 certificates were stolen In 1996, Chinese Government 6.3.4 Ethical Arguments About Copying There is intrinsic “fuzziness” about the ethics of copying Got “something for Nothing” Fair use Financial gain Profit motive Crime Many people accept copies from friends: - I cannot afford to buy the product - The company is a large, wealthy corporation - I wouldn’t buy it at the retail price anyway - Making a copy for a friend is just an act of generosity - The company is not really losing a sale Freedom to pursue the virtue of generosity: - We have a liberty (i. e., a negative right) to be generous, and we can exercise it by buying a copy of the program for a friend. - it is less clear that we have a claim-right (a positive right) to be generous. 1. This violation is insignificant compared to the billions of dollars lost to piracy by dishonest resellers making big profits. 2. Everyone does it 6.4 Solutions (GOOD AND BAD) Protect copyright owner Fair use Reasonable public access Opportunity to use new technologies to the fullest to provide new services 6.4.1 Technology, markets, and Law - Technology - Sale Vs License - Market and Management - Enforcement 6.4.2 Restrictions and bans On Technology - Lawsuits and Taxes - The DMCA vs. Fair Use Freedom of Speech 6.4.3 The Future of Copyright 6.5 Free Speech Issues - Domain Names - Posting Documents FOR Criticism 6.6 Free Software 6.6.1 What is Free Software? 6.6.2 Should ALL Software Be Free? 6.7 Issues For Software Developers 6.7.1 Copyright Or Patent? 6.7.2 Similar Software Products - Criteria - “Look and Feel”