BSBIPR301A: Comply with organisational requirements for protection and use of
intellectual property
This unit describes the performance outcomes, skills and knowledge required to assist
with the protection and lawful use of an organisation's intellectual property and to avoid
intellectual property infringement. It focuses on supporting the maintenance of an
organisation's policies and procedures for the protection of intellectual property and
avoidance of intellectual property infringement.
Task – Intellectual Property
http://en.wikipedia.org/wiki/Business_ethics#Intellectual_property
Intellectual property (IP) encompasses expressions of ideas, thoughts, codes and
information. "Intellectual property rights" (IPR) treat IP as a kind of real property,
subject to analogous protections, rather than as a reproducible good or service. Boldrin
and Levine argue that "government does not ordinarily enforce monopolies for producers
of other goods. This is because it is widely recognized that monopoly creates many social
costs. Intellectual monopoly is no different in this respect. The question we address is
whether it also creates social benefits commensurate with these social costs."
One attack on IPR is moral rather than utilitarian, claiming that inventions are mostly a
collective, cumulative, path dependent, social creation and therefore, no one person or firm
should be able to monopolize them even for a limited period.[188] The opposing argument is
that the benefits of innovation arrive sooner when patents encourage innovators and their
investors to increase their commitments. Roderick Long, a libertarian philosopher,
observes, "Ethically, property rights of any kind have to be justified as extensions of the
right of individuals to control their own lives. Thus any alleged property rights that
conflict with this moral basis—like the "right" to own slaves—are invalidated. In my
judgment, intellectual property rights also fail to pass this test. To enforce copyright laws
and the like is to prevent people from making peaceful use of the information they
possess. If you have acquired the information legitimately (say, by buying a book), then on
what grounds can you be prevented from using it, reproducing it, trading it? Is this not a
violation of the freedom of speech and press? It may be objected that the person who
originated the information deserves ownership rights over it. But information is not a
concrete thing an individual can control; it is a universal, existing in other people's minds
and other people's property, and over these the originator has no legitimate sovereignty.
You cannot own information without owning other people".[189] Machlup concluded that
patents do not have the intended effect of enhancing innovation.[190] Self-declared
anarchist Proudhon, in his 1847 seminal work noted, "Monopoly is the natural opposite of
competition," and continued, "Competition is the vital force which animates the collective
being: to destroy it, if such a supposition were possible, would be to kill society"[191][192]
Mindeli and Pipiya hold that the knowledge economy is an economy of abundancebecause it
relies on the "infinite potential" of knowledge and ideas rather than on the limited
resources of natural resources, labor and capital. Allison envisioned an egalitarian
distribution of knowledge. Kinsella claims that IPR create artificial scarcity and reduce
equality. Bouckaert wrote, "Natural scarcity is that which follows from the relationship
between man and nature. Scarcity is natural when it is possible to conceive of it before any
human, institutional, contractual arrangement. Artificial scarcity, on the other hand, is the
outcome of such arrangements. Artificial scarcity can hardly serve as a justification for
the legal framework that causes that scarcity. Such an argument would be completely
circular. On the contrary, artificial scarcity itself needs a justification" Corporations fund
much IP creation and can acquire IP they do not create, to which Menon and others object.
Andersen claims that IPR has increasingly become an instrument in eroding public domain.
Identify organisational expectations for complying with intellectual property
requirements
Activity
Read the following:
WIPO
http://www.wipo.int/about-ip/en/
http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_Whatisintellectualproperty
http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_CopyrightLawReviewCommittee_C
LRCReports_ReportonComputerSoftwareProtection?open&query=software
Section A
1. Explain what intellectual property is:
A: A work or invention that is the result of creativity, such as a manuscript or a
design, to which one has rights and for which one may apply for a patent, copyright,
trademark, etc
http://www.google.com.au/#hl=en&safe=active&q=intellectual+property&tbs=dfn:1&tbo
=u&sa=X&ei=rMWFUM34GamOiAemnoC4Bg&ved=0CCsQkQ4&bav=on.2,or.r_gc.r_pw.r_
qf.&fp=f7f26bd304355f44&bpcl=35466521&biw=1280&bih=796
2. How is the law applied in Australia to computer software protection?
A:
Australian patent law enables a diverse range of software to gain patent protection.
You should seek professional advice on whether your particular software falls within the definition of what may
be patented.
Software inventions must be industrially applied. Software that is merely a procedure for solving a given type of
mathematical problem is not patentable.
Similarly mathematical algorithms and abstract intellectual concepts on their own, are not patentable.
http://www.ipaustralia.gov.au/get-the-right-ip/patents/about-patents/what-can-bepatented/patents-for-computer-related-inventions/
3. What are the penalties for criminal offences under the Act?
A:
The Copyright Act 1968 provides for individuals to be fined up to $50 000 and for corporations to be fined
up to $250 000. The possible term of imprisonment is up to five years.
The penalties under the Trade Marks Act 1995 are sentences up to two years and fines of up to $55 000.
http://www.ipaustralia.gov.au/ip-infringement/counterfeiting-and-piracy/
4. Advise your own role in:

protecting your organisation's intellectual property,

using intellectual property; and

avoiding intellectual property infringement
http://www.pilch.org.au/IP/
A: Your organisation’s intellectual property is what differentiates you from other organisations.
It is important, valuable and worth protecting (and perhaps even using to raise funds!). Your
organisation’s intellectual property includes the rights it may have in its:









name
logo
the names or logos of any programs or services developed by your organisation
publications
training materials
website design and content
domain name
computer applications, programs, or databases it has developed, and
any ideas, innovations and inventions
http://www.pilch.org.au/IP/
Third party maintainers
Source: The Copyright Law Review Committee - a specialist advisory body established
in 1983 to inquire into and report to Government on specific copyright law issues.
5. Advise if a new form of copyright is provided for protection for multi-media
Answer: The major changes from the IP chapter of the AUSFTA agreement were made to copyright
legislation. They included:






new rights, both economic and moral for performers in sound recordings
extensions of the term of protection for most copyright material by 20 years
implementation of a scheme for limitation of remedies available against Carriage Service Providers for
copyright infringement
wider criminal provisions for copyright infringement
broader protection for electronic rights management
protection against a wider range of unauthorised reproductions
Source (URL): http://www.ipaustralia.gov.au/get-the-right-ip/copyright/changes-tocopyright/
6. What ways can you prevent infringements of copyright for multimedia?
Answer: The prevention of copyright infringement of digital image, video or audio content is a very pressing
problem for media industries such as film and music. Two important tools for multimedia information security are
data hiding (i.e., data watermarking and steganography) and robust hashing. Dr Neil Hurley, Dr Félix Balado and
other members of the Information Hiding Laboratory are using mathematical and statistical modelling to propose
optimal solutions to these problems.
http://www.csi.ucd.ie/content/preventing-copyright-infringement-digital-media
7. What is the cost of Trademark Registration Fee - Single Class?
A: $300
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/time-and-costs/fees/
8. How long does trade mark registration last?
A:
The initial period of registration of your trade mark lasts for 10 years (calculated from the filing date).
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/time-and-costs/
9. What are the two main types of patents granted in Australia; explain the
differences
A: An Australian standard patent lasts for up to 20 years.
An innovation patent only lasts for up to 8 years.
A standard patent gives long-term protection and control over an invention. It lasts for up to 20 years from the
filing date of your complete application (or up to 25 years for pharmaceutical substances). An innovation patent
lasts for 8 years and is designed to protect inventions that do not meet the inventive threshold required for
standard patents. It's a relatively quick and inexpensive way to obtain protection for your new device,
substance, method or process.
http://www.ipaustralia.gov.au/get-the-right-ip/patents/about-patents/
http://www.ipaustralia.gov.au/get-the-right-ip/patents/types-of-patents/standard-patent/
http://www.ipaustralia.gov.au/get-the-right-ip/patents/types-of-patents/innovation-patent/
10. Can you file patent applications via email? Explain your answer.
A: No,
Unfortunately we are unable to accept patent applications via email as email is an avenue for enquiries
only. Anything to do with the prosecution of a patent must be faxed, posted, lodged electronically
through our on-line services, or lodged in person at one of our IP lodgement points.
http://www.ipaustralia.gov.au/get-the-right-ip/patents/patents-faqs/
Case Study: Moonraker Australia
Analysis of a case study identifying potential intellectual property issues and proposed
actions
Moonraker Australia was established in 1971 to build a better antenna.
This tradition is kept alive today in its research and development, which has a proven
history of working with the military and defence contractors to create designs to unique
specifications, and in its emphasis on performance, quality manufacturing and on-going
support.
The company mainly specialises in the lower end of the radio spectrum from 10kHz to
1500MHz. Today, a wide range of antenna systems are available for many types of
communications needs. Recent developments include a multi-band multi-transceiver system
(marine band to Link16), low footprint NVIS antennas for RHIBS, ships land stations and
vehicles, wideband vertical dipole types HF to UHF), high performance wideband fixed and
portable surveillance systems and point-to-point land based antennas
Its commitment to excellence has resulted in antennas that can survive cyclonic winds of
200-250 km/h in temperatures as low as minus 30 degrees C, and as high as 50 degrees C
with 100 per cent humidity, including custom designed high power models and high
endurance systems to suit international GMDSS communications requirements. Products
are in use from the tropics to the poles.
see;
http://www.moonraker.com.au/
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-markcasestudies/?doc=42382&view=Detail
How does Moonraker maintain the integrity of its trade secrets around the world?
A: The integrity of its trade secrets is maintained through employee and subcontractor agreements to halt any
dissemination of their technology to unauthorised parties. They also use confidentiality agreements when their
know-how must pass to the outside world.
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-markcasestudies/?doc=42382&view=Detail
Explain some of its Intellectual property (IP)
A: …Moonraker, a registered trade mark, is among the company’s most important assets. Copyright.
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-markcasestudies/?doc=42382&view=Detail
http://www.moonraker.com.au/
Did Moonraker register its trademark?
A: Yes.
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-markcasestudies/?doc=42382&view=Detail
How was it affected by the movie of the same name?
A:
It began using the name in the late 1960s but didn’t register it until later. Shortly after, the Bond movie of
the same name came out. ‘We did find that we got some recognition, and perhaps a bit of momentum from the
coincidence’, says Chris.
‘Aside from the popularity of the movie, taking our trade mark seriously helped to position us and made us
memorable. We know this because the movie has long been forgotten, but our registered trade mark is still
valuable to us.’
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-markcasestudies/?doc=42382&view=Detail
Work and communicate effectively in an IT environment
http://www.snipmp3.com/
SnipMp3 is a useful online utility which can help users convert YouTube videos into Mp3 format in few
simple clicks. All you have to do is paste the URL of the video which you want to download and it will
give you the link to the converted file. The time it takes to convert also depends on the length of the
video you are trying to download.
Read more: http://www.callingallgeeks.org/34943/3-online-tools-to-convert-youtube-videos-intomp3/#ixzz1thDGqc2c
Songr
http://www.songr.com/
A client wishes you to provide software such as Snipmp3 or Songr for listening to music.
Answer the following questions:
1. Investigate the software and advise its main features:
ANSWER: Snipmp3 is online and can be used anywhere there is a computer with an internet
connection. Convert and save videos to mp3 directly from Youtube, Google, Dailymotion, MySpace,
Metacafe and more. Simply paste the URL of the page that has the video on it.
http://www.snipmp3.com/ (Taken from metadata in the source).
Songr is a website whereby users can listen and rate songs they like without downloading them
and thus follows laws as the music is linked to the artist via youtube.
http://www.songr.com/faq
2. Develop some guidelines for a discussion with your client on the implementation of music
software
ANSWER: 1. What will the music be used for? 2. What quality is required? 3. How will the music
be stored? 4. Will there be Intellectual Property issues? 5. Is the music going to be modified /
distributed?
3. How do they compare with other music software in this area?
ANSWER:
Provider
(Not
Stated)
Product or
Service
Stripping
Audio
from
Video
Cost
free
(Not
Stated)
Stripping
audio
from
Youtube
Videos
free
The Hype
Machine is
brewed in
Brooklyn,
NY &
Reykjavik,
Iceland by
Anthony,
Zoya,
Searches
blogs and
lists the
latest
music with
options to
play
free
Advantages
Disadvantages
Source URL
Quick and
offers email
download
links for
those who
do not wish
to wait.
Offers
standard and
high audio
quality
settings. Easy
to use.
Shows the
latest and
most popular
music.
Fails to be firm
in regards to
copyright laws
only offering a
link to a
webpage at the
bottom.
Can only be
used for
youtube links.
http://www.makeitmp3.com/
Limited to
location.
http://hypem.com/#!/
http://www.youtubetomp3.com/
Scott,
Arkadiy,
Dev, Hjalti,
Josh & Ian.
4. Are there any discrepancies, disadvantages or areas of development needed for Snipmp3 or
Songr?
ANSWER: Yes, there is little sign of recognition or copyright law instructions on either website
with Songr stating that as long as it is on Youtube then it is fine. However as many know not
everything on youtube follows IP law and thus they could be streaming illegal music on their
sites. In the case of Snipmp3 they allow for the stripping and download of ANY video file and
thus could be used for theripping and downloading of illegal music files.
Source: http://www.songr.com/submit
5. Is Snipmp3 or Songr offering a cost effective solution for its customers?
Explain: Yes as it’s a free online source.
6. What is the impact of Snipmp3 or Songr for its customers?
ANSWER: It opens up a range of new methods for listening to music as many users find the
video but not the song they may be looking for. Also it could be said that for those with bad
internet connection speeds the downloading of audio files would be far easy and quicker than a
video equivalent including .flv format.
7. For a person developing a music business how can Snipmp3 or Songr be of assistance:
Answer: New technologies are allowing more people to go from being the audience to being a
producer, this is possible because there are now an assortment of programmes that allow you
to edit your own clips, and you can now upload your own videos onto social network sights such
as facebook, myspace and youtube.
http://www.youtube.com/watch?v=UdyI2P7xt7w
http://andrewparfitta2media.blogspot.com/
Explain the services and costs that could be available from Snipmp3 or Songr; for interest could
they host their music videos? Explain any IP issues.
Service
Produce a newsletter/blog on music releases
Create custom compilations for clients eg readio
station
Create soundtracks for advertising.
Cost
Source URL
free
http://www.snipmp3.com/
Royalty/Licensing http://www.songr.com/
fees
8. Research and design a high fidelity podcast system
Sketch:
Hardware details
Item
USB Microphone
Cost
$224
Laptop
$514
URL
http://www.videoguys.com.au/Shop/p/2179/rodepodcaster-usb-microphone--1-rodpcast.html
http://www.jbhifi.com.au/computers/acer/15inch-notebook-sku-86234/
Software details
Item
Audacity
Mixmeister
Cost
free
$200
9. Download, install and use Snipmp3 and Songr
Screenshots:
URL
http://audacity.sourceforge.net/
http://www.mixmeister.com/buymmstu7.php
Snipmp3
Songr
Create user documentation
1. Download and use a Portable AV to scan your whole PC
http://www.pendriveapps.com/software/portable-antivirus-firewall/
Scan the system to check and maintain virus protection
Report identified viruses/results to your teacher
Remove virus infections found by the scan using software tools and procedures, or by
restoring backups
Document installation and results and any relevant symptom and removal information
ScreenShot of results:
AV1+AV2:
Compare the two AntiVirus softwares:
Kaspersky was faster and more user-friendly than the Mcafee Stinger version.
Kaspersky was more visual with better instructions and performance.
Advise your preferred A-V software and the reason/s for your choice:
Kaspersky: Faster, more user friendly, reliable.
Install and optimise operating system software
1. What is a “Cloud” operating system, give two examples and their features:
A: Like a traditional OS, a cloud OS also manages hardware resources, but at a
much higher level. It manages many servers, not only within a single data center,
but could also span multiple data centers at geographically distributed locations.
They could operate at a scale that is much large than what we are used to. For
example, Google manages millions of servers, while Amazon manages hundreds of
thousands of servers.
Source: http://huanliu.wordpress.com/2009/07/20/what-is-a-cloud-operatingsystem/
https://amoebaos.com/ an online cloud OS which comes with built in software and
provides data storage. http://glidesociety.com/ Provides online storage and
basic software 250gb storage can be purchased for a yearly fee.
2. Peppermint OS Three
Unlike Ubuntu (http://www.ubuntu.com), which adds some cloud functionality to a
Linux desktop, call it 90% desktop and 10% cloud, or Chrome OS, which is 90%
cloud/Web browser and 10% desktop, Peppermint is the closest desktop to a 50/50
blend of desktop and cloud.
Review Peppermint OS Three
Features:
Advantages:
Disadvantages
3. Install, upgrade and uninstall application software to protect the working
environment.
a. Install Disconnect.me from https://disconnect.me/
ScreenShot:
Explain its features:
4. Download Peppermint OS Three and install on a partition.
ScreenShot: