Chapter 6 – Intellectual Property

CS 306
Chapter 6 – Intellectual Property
6.1 Intellectual Property and Changing Technology
6.1.1 What is intellectual Property?
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
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”