IPR and Cyberspace
Kishore Kanjilal
Aviation IT and IPR Consultant
kanjilalk@gmail.com
© Copyright 2013 Kishore Kanjilal
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What is IPR
A set of property rights
which protect creations of the mind
• IP is an intangible asset that can be registered or unregistered
• Patents, Copyrights, Trade-secrets and Trademarks provide protection
© Copyright 2013 Kishore Kanjilal
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Information Technology
• Technology used for processing storing and dissemination
of information – voice, picture, text , video & numerical
• Term coined by Leavitt & Whisler in article in Harvard
Business Review in 1958
• Micro electronics based computing and telecommunications
• Encompasses technologies related to hardware, software,
networks and storage management
• IT is the enabler for Information systems.
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Cyberspace
How to Protect
What to protect
• Web content
• Text
• Graphics
• Audio
• Video
• Web sites
• Ecommerce Sites
• Business methods
• Search engines
• Domain names
• ebooks
C
Y
B
E
R
S
P
A
C
E
•Patents
•Copyright
•Trademarks
•Trade-secrets
•Licensing
Conditions of usage
• Free software
• Open source
• Creative Commons
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Copyright
Film
Art/Music
Any original
expression
fixed in a
medium
Dramatic
Literary
Any content on
Web sites can
be protected by
Copyright
Copyright
©
© Copyright 2013 Kishore Kanjilal
Use Copyright
notice to inform
users
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Rights of Holder of Copyright
• Copyright holders have exclusive rights:
– To make and distribute copies
– To produce derivative works, such as translations or
movies based on books
– To perform the work in public (e.g. music, plays)
– To display the work in public (e.g. artwork, movies,
computer games, video on a Web site)
– License the copyright work
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Challenges to Copyright Protection
• Digital technology and the internet has made copyright
infringement easier and cheaper
• New compression technologies have made copying large
files (e.g. graphics, video and audio files) feasible
• New tools allow us to modify graphics, video and audio
files to make derivative works
• Scanners allow us to change the media of a copyrighted
work, converting printed text, photos, and artwork to
electronic form
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Digital Rights Management
• Without protection and management of digital rights
•
Digital content can be easily copied, altered, and distributed to a
large number of recipients, which could cause revenue loss
• To protect commercial digital intellectual property and
avoid digital piracy
–
we need a system that prevents unauthorized access to digital
content and manages content usage right
• A DRM system should offer a persistent content protection
against unauthorized access to the digital content ,
– limiting access to only those with the proper authorization
© Copyright 2013 Kishore Kanjilal
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DRM Technologies
• Technological protection Measures (TPMs)
– Measures by which Copyright owners restrict access in digital
environment
– Encryption
– Digital Certificates
– Digital Signatures
– Digital license
• Rights Management Information (RMI)
– information embedded in a digital work ("metadata") that
identifies the owner or author of a work and defines the terms of
permitted access and use of that material
– Digital Watermarking
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DMCA
• It criminalizes production and dissemination of technology,
devices, or services intended to circumvent measures of
DRM that control access to copyrighted works.
•
It also criminalizes the act of circumventing an access
control, whether or not there is actual infringement of
copyright itself.
• 2005 Congress made it a felony to record a movie in a
movie theater
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Fair Use Doctrine
• Four factors
– Purpose and nature of use – commercial or non-profit
purposes
– Nature of the copyrighted work
creative work, or factual work
– Amount and significance of portion used
– Effect of use on potential market or value of the
copyright work (will it reduce sales of work?)
• No single factor alone determines fair use
• Not all factors given equal weight, varies by circumstance
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Fair Use - Cases
• Sony v. Universal City Studios (1984)
– Concerned the use of Betamax video recording
– Supreme Court decided copying movies for later
viewing was fair use
Against Fair Use
For fair use
• People copied entire work
• Movies are creative work
and not factual
• The copy was for private,
noncommercial use
•The movie studios could not
demonstrate that they suffered
any harm
•The studios had received a
substantial fee for broadcasting
movies on TV, and the fee
depends on having a large
audience who view for free
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Fair Use - Cases
• Napster Case – P2P users sharing MP3 music files
– Court ruled sharing music via copied MP3 files violated copyright
– Court ruled Napster liable because they had the right and ability to
supervise the system, including copyright infringing activities
Against Fair Use
For fair use
• Thousands of people copied
entire work
• Music is creative work
• Napster hurt sales of music
• Napster was acting as a Search
Engine
•Napster did not store MP3 files
• The SONY decision for
personal entertainment use is
considered fair use
– In another case Supreme Court ruled that intellectual property
owners could sue the companies for encouraging copyright
infringement (as a result most P2P services closed)
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Copying and Sharing
New Business Models and Constructive Solutions:
• Organizations set up to collect and distribute royalty fees
(e.g. the Copyright Clearance Center), users don't have
to search out individual copyright holders
• Sites such as iTunes provide legal means for obtaining
inexpensive music and generate revenue for the industry
and artists
• Revenue sharing allows content-sharing sites to allow
the posting of content and share their ad revenues with
content owners in compensation
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Additional Protection
• Web content can be protected by copyright
• Copyright is not sufficient to protect
– Business processes for e-commerce
– Underlying software technologies related to interfaces,
accelerators, security, communication , mobile computing etc
• Can be reverse engineered
– Decompiling object code for interfaces
– Redeveloping software once idea is known
• Protecting IDEA is very important
• Patent and copyright together provide better protection
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Copyright
Patents
EXPRESSION
IDEA
SYMBOLIC
FUNCTIONAL
LITERAL
NON-LITERAL
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Business Method Patents
• State Street Bank Decision (July 23, 1998)
– Court of Appeals for the Federal Circuit
– Allows patenting business method.
– Examination no longer begins by determining if claim recites a
mathematical algorithm.
– 1998 USPTO revisions to computer related examination
guidelines reflect this decision.
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State Street -Effects
• The State Street court concluded that claims should not
be categorized as methods of doing business. Instead,
they should be examined as any other process claim
• Business methods patentable
• Business method patents that do not involve computerimplementations are likely to be deemed non-patentable
subject matter (Bilski Vs Kappos)
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Business Method Patent Explosion
• In 1998, approx. 1300 business method patent
applications were filed.
• Jumped to 7500 business method applications in 2000.
• 2221 pure business method patents issued in 2006
• Business method patents for sale and purchase over
Internet defined as a new class (Class 705 subclass 26)
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Types of Internet Patent (1)
• Sales & Purchasing Techniques
– Amazon.com One Click Patent (US 5960411) 1999
– Purchasing goods across different Web sites using a single
“shopping cart. U.S.Patent 5,895,454
•
On-line Auctions
– Bid.com Internet reverse auction (US 5890138)
– Priceline.com Online sales through reverse auction method
US Patent Number 5797127
• Financial Transactions
– U.S. patent number 6,014,643, entitled “Interactive Securities
Trading System” relates to a method for trading securities
between Individuals.
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Types of Internet Patent (2)
• Advertising Techniques
– “DoubleClick” owns a patent entitled “Method of Delivery,
Targeting, and Measuring Advertising Over Networks.” (Patent
number 5,948,061)
– “System and Method for Assessing Effectiveness of Internet
Marketing Campaign” (US Patent 6,006,197), describes a Web
advertising system that measures the effectiveness of Internet
advertisements by correlating transactions made after an
advertisement to viewing of the advertisement.
• Consumer Reward Systems
– Netcentives, Inc.- method for awarding frequent-flier miles in
exchange for making on-line purchases. U.S. patent 5,774,870
© Copyright 2013 Kishore Kanjilal
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Types of Internet Patent (3)
• Infrastructure
– U.S. Patent number 5,442,637, entitled “Reducing the
Complexities of the TCP for High-Speed Networking,” relates to
a technique for decreasing the amount of processing required to
process data packets in TCP, which is used to maintain
connections between computers on the Internet.
– US Patent 5,675,741, relates to a method of tracing a
communication path between computers on the Internet.
• Directories and Search Engines
– U.S. Patent 6,009,459, entitled “Intelligent Automatic Searching
for Resources in a Distributed Environment,” relates to a Web
browser that chooses a search engine based on information
entered by the user.
© Copyright 2013 Kishore Kanjilal
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Technical Effect
•
Case law has decreed that only software that has a “technical
effect” can be patented
•
Software for a computer implemented application can be patented
if it involves an inventive technical contribution to the prior art
•
The term is not in the legislation, and therefore there is no clear
definition of technical effect
•
Merrill Lynch [1989] RPC 561: "There must... be some technical
advance on the prior art in the form of a new result
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Why the Rush
•
•
•
•
•
•
Often the primary asset of an IT company
Delays competitors
Provides potential revenue stream
Marketing advantage
Increases the value of the company
Great bargaining chip in litigation
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Restrictions to IPR
• Use of Free Software (FSF)
• Use of Open Source Software (OSI)
• Use of Creative Commons for graphics and video (CC)
• IP of your software or content will be subject to license
conditions of FSF, OSI, CC
© Copyright 2013 Kishore Kanjilal
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Copyleft
Usage*
Add
Distribution
Terms
Copyright
• Use
• Modify
• Redistribute
• Legal instrument
• Cannot be
changed by any
user
• Copyright Program
* Distribution terms make program copyleft
© Copyright 2013 Kishore Kanjilal
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Domain Names
• Register domain names for multiple permissible TLDS
− TLD is Top Level Domain like .com, .net etc
• Renew domain name periodically by paying fees
• Domain name usage restrictions
− Cybersquatting
− Infringing a famous trademark
− Diluting a famous trademark
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Contentious Issues
• A number of contentious issues for IP in Cyberspace
–
–
–
–
–
–
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Jurisdiction – The death of distance
Protecting Trade-secrets– hackers , impersonators, spy sw
Illegal use of meta tags
Linking and Deep Linking
FSF, OSI and CC licensing – static and dynamic linking
Search engines and links to copyright content
Patent trolls
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