Intellectual Property
(Quinn Chapter 4)
CS4001
Kristin Marsicano
Chapter Overview
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Introduction (4.1)
Intellectual property rights (4.2)
Protecting intellectual property (4.3)
Fair use (4.4)
Protections for software (4.7) – Thursday
Open-source software (4.8)
What is Intellectual Property?
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Define, in your own words
Give some examples
What is Intellectual Property?
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Any unique product of the human intellect that has
commercial value
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Examples: Books, songs, movies, paintings, inventions,
chemical formulas and computer programs
What are some benefits of IP protection?
What are some benefits of IP protection?
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Some people are altruistic; some are not
Allure of wealth can be an incentive for speculative work
What are some negatives of IP protection?
What are some negatives of IP protection?
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Society benefits most when inventions in public domain
John Locke and Intellectual Property
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What was Locke’s theory of property rights?
John Locke and Intellectual Property
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People have a right:
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to property in their own person
to their own labor (the work people perform should be to
their benefit)
to things which they remove from Nature through their labor
Exceptions:
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No person claims more property than he/she can use (tend)
If somebody removes something from the common state,
enough must be left over for others
Which of the following is John Locke?
What are the four types of intellectual
property protection outlined in the reading?
What are the four types of intellectual
property protection outlined in the reading?
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Trade secret
Trademark, service mark
Patent
Copyright
Trade Secret
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What is it?
How long does it last? When does it expire?
For what types of property is it
appropriate/inappropriate?
Is reverse engineering permitted?
How can companies protect it when employees leave the
company?
What are some examples?
Trade Secret
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Confidential piece of intellectual property that gives
company a competitive advantage
Never expires
Not appropriate for all intellectual properties because it
must be kept confidential
Reverse engineering allowed
May be compromised when employees leave firm (even if
they sign non-disclosure agreements)
Trademark, Service Mark
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What is it?
How long does it last? When does it expire? Can it be
lost?
What does it mean for a trademark to become “common
use”?
How do companies protect their trademarks from misuse
by others?
Trademark, Service Mark
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Trademark: Identifies goods
Service mark: Identifies services
Company can establish a “brand name”
Does not expire
If brand name becomes common noun, trademark may be
lost
Companies advertise to protect their trademarks
Companies also protect trademarks by contacting those
who misuse them
Patent
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What is it?
What are some examples?
How long does it last? When does it expire? Can it be
lost?
What rights do the owner have?
What are some patents that affect your daily lives?
Patent
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A public document that provides detailed description of
invention
Provides owner with exclusive right to the invention
Owner can prevent others from making, using, or selling
invention for 20 years
Copyright
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What is it?
What are some examples?
How long does it last? When does it expire?
What rights do the owner have?
Example: Copyright Infringement?
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Main activity of professors is giving talks—conferences,
keynotes, etc.
We use slides but don’t necessarily distribute them
Often, attendees will record the talk and take pictures of
the slides without asking permission
Is this a copyright infringement?
Fair Use
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What is it?
What do courts consider when determining fair use?
Fair Use
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Sometimes legal to reproduce a copyrighted work
without permission
Courts consider four factors
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Purpose and character of use
Nature of work
Amount of work being copied
Affect on market for work
Example: Fair Use?
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Many students in 4001A late in getting books
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During second week of classes, I copy 3 chapters from EIA
and put them T-Square for students to copy
During the third week of classes, I copy 3 chapters from WA,
and distribute them to those without the book.
Are 1 and 2 fair use?
Protections for Software
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When a piece of software is copyrighted, what exactly is
protected?
Protections for Software
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When a piece of software is copyrighted, what exactly is
protected?
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The expression of an idea (implementation), not the idea itself
Protects the executable program (not the source; typically the
source code is kept confidential)
The screen displays produced by the program as it executes
Protections for Software
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Is software patentable?
Protections for Software
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Is software patentable?
Only accept applications describing inventions (not
“mathematical algorithms”)
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E.g. sorting algorithm – NO vs. pacemaker software invention –
YES
Issue of “prior art”
Open Source Software
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What is open source software?
What are advantages and disadvantages of open source
software?
Open Source Definition
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No restrictions preventing others from selling or giving away
software
Source code included in distribution
No restrictions preventing others from modifying source code
No restrictions regarding how people can use software
Same rights apply to everyone receiving redistributions of the
software
Benefits of Open Source Software
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Gives everyone opportunity to improve program
New versions of programs appear more frequently
Eliminates tension between obeying law and helping others
Programs belong to entire community
Shifts focus from manufacturing to service
Critiques of Open Source Movement
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Without critical mass of developers, quality can be poor
Without an “owner,” incompatible versions may arise
Relatively weak graphical user interface
Poor mechanism for stimulating innovation (no companies will
spend billions on new programs)
Open Source Software
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What is open source software?
What are advantages and disadvantages of open source
software?
What examples of open source software do you use?
Open Source Software
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What is open source software?
What are advantages and disadvantages of open source
software?
What examples of open source software do you use?
How many of you have worked on open source software?
Who do you think of as leaders in the open source
software movement?