Intellectual Property and Wrap Up

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2 December 2013
Deliverables check list
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Documentation: updated
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Functional spec
Design doc
User manuals
Test plan
Code
 Commented source and how I get to it
 Running code and instructions (where, what I
need installed, any ids needed)
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Evaluations
 Team – You have an INC without this!
Logistics
SN011 at 12 pm Monday, Dec 9
 Will invite all clients. Schedule will be
posted and emailed to clients and you.
 15 minute presentations
 Lunch (pizza) will be served
 Attendance is mandatory
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What is Expected
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Overview of your project
 Review what you did and why
 Briefly explain how you did it
○ Architecture
○ Technologies
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Lessons learned
 Development
 Process
 Technologies
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Demo
The Basics
Speak loudly and clearly
 Speak, don’t read: you ARE the experts
 Set up and test demos on Sunday
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 Last minute “fixes” are often disasters
Script your demos
 Send me an email if you need adapters
or other equipment. Do NOT assume
that I will remember.
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Presentations Hints
Cover all topics, but they don’t need
equal time!
 Focus on what’s special and interesting
about your project
 Don’t try to cover too much
 Keep it light
 Give the audience something to look at
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Remember
You’re
speaking for
15 minutes
Everyone is listening
for 180 minutes
Death by PowerPoint
Google it and you can waste many
hours
 One that I like…
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 http://www.slideshare.net/thecroaker/death-by-powerpoint
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PowerPoint is Evil (Edward Tufte)
Do not let the media
become the message
What is Intellectual Property?
Ownership and property
 Rights of ownership: Blackstonian
Bundle
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 Exclude anyone from the property
 Use it as sees fit
 Receive income from
 Transfer property to someone else
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Intellectual property: intellectual objects
Intellectual Property v. Real Property
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Physical objects
 Zero-sum gain: one user at a time
 Significant cost in both development and
replication
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Intellectual objects
 Used by many at once
 Significant cost in development, marginal
cost in replication
Need for Protection
need to recover the development costs
 knowledge of future ownership is
incentive to increase value
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Arguments against IP
Free flow of ideas
 First amendment freedom of speech
 Creative ideas build on society and culture
 Pay what you want
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 Music
 Textbooks
 Games
 Books
 Software
Legal Protection
Copyright
 Patent
 Trademark
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Copyright: How Long?
1790: 14 + renew
 1909: 28 + renew
 1976 : author + 50, corporate 75
 1998: author + 70, corporate 95
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Digital Rights Management
 Enabling
copying is criminal
 Preclude through architecture
 Problems
 Constrains who can use
○ Exceptions will be too constrained
for someone
 Tracks who is viewing
Digital Millenium Copyright Act (‘66)
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Illegal to …
 bypass technical measures used to protect access
 manufacture or distribute technologies primarily
designed or produced to circumvent technical measures
 remove or alter copyright management information
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Universal City Studios, Inc. v. Reimerdes (Aug ‘00)
 8 studios sued 2600 Magazine
○ posting DeCSS
 bypasses Content Scrambling System (CSS)
- commercially distributed DVD
Copying copyrighted materials
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Responsibility of those enabling it
 Software
 Network providers
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Cases: software
 Napster
 Grockster
 Bit Torrent
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Cases: network providers
 Verizon
 Six Strikes
APIs: Oracle v Google
Issue: Android APIs are very Java-like
 Android VM was built in a “cleanroom
environment”
 Oracle sued over the APIs
 Ruling: not copyrightable
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Patents
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Physical objects
 Process, machine or composition of matter
 NOT laws of nature, scientific principles,
algorithms
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Criteria
 Novel
 Not previously described
 Non-obvious
 Useful
Patents
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Hardware, software, processes
 NOT laws of nature, scientific principles, algorithms
Can patent new applications or combinations
 Criteria
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 Novel
 Not previously described
 Non-obvious
 Useful
A man "has a right to use his knife to cut his meat, a fork to hold it; may a patentee
take from him the right to combine their use on the same subject?" -- Thomas
Jefferson
Software & Business Process Patents
Processes vs. algorithms
 What is non-obvious?
 Examples
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 Name Your Price (Priceline)
 One-click (Amazon)
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Opinions
 Marco Arment (inherently problematic)
 Paul Graham (patents === software patents)
Recent Activity
German legislature: resolution calling for
cessation
 New Zealand considering outright ban
 US courts appear to be backing off
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 Bilski v Kappos (Supreme, 2010)
○ Hedging the risk of commodities fluctuation
○ Claims denied
 CLS v Alice (Circuit, 2013)
○ Trading platform to assure that neither side renigs
○ Claims denied
Trademarks
Word, phrase or symbol
 “Pithily” identifies
 Infringement: used by someone else
 Dilutions
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 Blurring – dissimilar products
 Tarnishment – negative or compromising
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Has been applied to domain names
 Cybersquatting
 Parody or criticism
Domain Names
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Cybersquatting
 .net, .org, .com, …
 Punctuation (hyphenation, etc.)
 Phrases, nicknames
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Parody, criticism, complaint (cybergriping)
 Property rights vs. free speech
 Bringing people to the site under false pretenses
 Including the name in the url vs. appearing to be
the site
Hyperlinks
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Responsibility to users
 Making it clear that its another site
 Protection from inappropriate material
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Responsibility to other site owners
 Bypassing advertisements
○ Ticketmaster and Microsoft
Metatags
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What are they?
 Invisible content used for searching and
advertising
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Geting more leverage
 Search engines
 Banner ads
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Techniques
 Multiple tags to get more leverage
 Tags that are unrelated
The Process
Customer
Described
Lead
Understood
Analyst
Designed
Programmer
Built
Customer
Needed
Patterns of Success
Solutions need to evolve from user specs
AND user specs need to evolve from viable
solutions.
 Process and instrumentation rigor evolves
from light to heavy.
 Healthy projects display a sequence of
progressions and digressions.
 Testing needs to be a first class, full lifecycle
activity.
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Intellectual Honesty
McConnell, Code Complete
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Refusing to pretend you’re an expert when
you’re not
Readily admitting your mistakes
Trying to understand a compiler warning rather
than suppressing the message
Clearly understanding your program – not
compiling it to see if it works
Providing realistic status reports
Providing realistic schedule estimates & holding
your ground when mgmt asks you to adjust
Are all projects worth doing?
Intended misuse
 Potential misuse
 Unexpected consequences
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 Google glasses
Work
 You
do well what you enjoy
 Smile on your way to work
 A job or a career?
 Life-long learning
 exponential times
5
pm: Poornima Vijayashanker
 Mint.com, 2 more startups
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