Chapter 4.3.4 – 4.7:
Intellectual Property II
See Dilbert cartoons about intellectual property:
http://dilbert.com/strips/comic/2010-09-16/
http://dilbert.com/strips/comic/2009-01-24/
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Quiz Question 1
The entertainment industry has successfully
used peer-to-peer file sharing as means of
legally delivering content to users:
A. True
B. False
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Quiz Question 1 Answer
A. True
"Intriguingly, the entertainment industry itself
began using [peer-to-peer] technology to provide
legal content. Several companies made contracts
with peer-to-peer companies such as BitTorrent to
deliver movies and music via peer-to-peer
technology because it speeds downloads. Instead of
sending all files from a central server, customers
receive a movie in pieces from the computers of
other customers" (p. 224)
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Quiz Question 2
The following describes the scheme of “negotiated
payments”:
A. Web sites that host copyrighted material pay the
copyright holders a portion of the revenue it earns
from selling copyrighted material
B. Web sites that host copyrighted material pay
copyright holders a negotiated one-time fee to host
the material
C. Web sites that host copyrighted material pay
copyright holders a portion of the revenue it earns
from advertisements
D. None of the above
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Quiz Question 2 Answer
C.
See p. 224
YouTube has such agreements in place.
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Quiz Question 3
The following legal advertising tactic has been used
by some companies:
A. Embed ads in copyrighted material, and
distribute the material to peer-to-peer sites (no
fee paid)
B. Embed ads in copyrighted material, pay the
copyright holder a fee, and distribute the
copyrighted material to peer-to-peer sites
C. Embed decoys in copyrighted material in order
to make it easier to download the material
D. None of the above
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Quiz Question 3 Answer
B.
See p. 225
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Quiz Question 4
The following is true of the “Creative Commons”:
A. It sells a variety of licensing agreements
pertaining to web content
B. It has developed a variety of licensing
agreements pertaining to web content
C. It enforces a variety of licensing agreements
pertaining to web content
D. All of the above
E. None of the above
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Quiz Question 4 Answer
B.
See gray box on p. 226. Creative Commons is a
nonprofit organization that has developed licensing
agreements that "explicitly permit a selection of
actions normally requiring authorization from the
copyright owner." It does not deal with
enforcement of these agreements, however.
Example: http://www.flickr.com/creativecommons/
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Quiz Question 5
Of the following arguments in support of personal
copying or posting of web content without authorization,
your textbook author finds the following one better than
the others:
A. Making a copy for a friend is an act of generosity.
B. This violation is insignificant compared to the billions
of dollars lost to large-scale piracy.
C. I cannot afford to buy the item.
D. I want to use the item legally, but I have no idea how
to get permission.
E. None of the above
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Quiz Question 5 Answer
D.
"This is a better argument than many others" (p.
229, top bullet). "The 'transaction costs', as
economists call them, are so high that a strict
requirement for obtaining permission slows
development and distribution of new intellectual
property.“
Which argument do you find most convincing?
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Quiz Question 6
The Business Software Alliance estimates that
piracy accounts for the following percentage of
PC software in use worldwide:
A. 15
B. 25
C. 35
D. 45
E. None of the above
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Quiz Question 6 Answer
C.
See p. 229.
This estimate is outdated! Let’s look at a more
recent study:
http://portal.bsa.org/piracyimpact2010/index.html
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Quiz Question 7
Kelly v. Arriba Soft, a court case that took place in
2002, ruled the following:
A. It is fair use for search engines to display query
results containing thumbnails of copyrighted
images.
B. It is not fair use for search engines to display
query results containing thumbnails of
copyrighted images .
C. It is not fair use to cache (copy) web pages for
use in search results.
D. None of the above
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Quiz Question 7 Answer
A.
See p. 232. Also, Field v. Google found that it is
fair use to cache web pages.
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Quiz Question 8
The “free” in the term “free software” refers
specifically to:
A. Free of cost
B. Freedom to copy and modify the software for
one’s own use
C. Both of the above
D. None of the above
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Quiz Question 8 Answer
B.
See p. 235
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Quiz Question 9
The concept of “copyleft” states that
A. the concept of copyright is inherently wrong.
B. copyrights on software should not apply to
derivative works.
C. anyone can use, modify, or distribute a software
program so long as these rights are retained in
the new work.
D. All of the above.
E. None of the above
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Quiz Question 9 Answer
C.
See p. 236
See the GNU public license:
http://en.wikipedia.org/wiki/GNU_Public_License
“Copyleft thus uses copyright law to accomplish the opposite of its
usual purpose: instead of imposing restrictions, it grants rights to other
people, in a way that ensures the rights cannot subsequently be taken
away. It also ensures that unlimited redistribution rights are not
granted, should any legal flaw be found in the copyleft statement.”
(Quote from above Wikipedia page)
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Quiz Question 10
The following best characterizes the current situation in the
U.S. with with respect to patents for software:
A. The Supreme Court has ruled it is possible to patent
software itself, and software patents are being granted
B. The Supreme Court has ruled it is possible to patent
software itself, but software patents are NOT being
granted
C. The Supreme Court has ruled it is NOT possible to patent
software itself, and software patents are NOT being
granted
D. The Supreme Court has ruled it is NOT possible to patent
software itself, but software patents are being granted
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Quiz Question 10 Answer
C.
"The Supreme Court said in 1981 that software itself is
not patentable because it is abstract. A machine that
includes software, however, could be eligible for a patent.
In the 1980s and 1990s, the U.S. Patent Office began to
issue software patents. A federal court with jurisdiction
over patents upheld them, sometimes interpreting the
Supreme Court guidelines loosely." (p. 239).
Can you think of a software patent that seems absurd or
obvious?
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Quiz Question 11
In one of the largest patent awards in U.S.
history, Alcatel-Lucent won a settlement from
Microsoft for its infringing use of
A. JPG technology
B. MP3 technology
C. Video streaming technology
D. Operating system technology
E. None of the above
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Quiz Question 11 Answer
A.
See p. 240.
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Quiz Question 12
According to your book's author, the following is a reasonable
means of determining whether Computer Program A infringes
the copyright of Computer Program B:
A. If we remove from consideration the purpose of Program
A along with its parts that are in the public domain and
are common practice, are the remaining parts of Program
A similar to Program B?
B. Is Computer Program A an exact copy of Computer
Program B?
C. Is Computer Program A very similar in structure and
performance to Computer Program B?
D. None of the above
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Quiz Question 12 Answer
A.
Last paragraph of p. 242. Answers (B) and (C) are
examples of methods used by previous court
cases that, in the authors' view, didn't apply
appropriate similarity tests.
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Update: Google Books Settlement
• On p. 233, the book mentions the Google
Books project and states that lawsuits against
it remain unsettled.
• Let’s look at this update on the lawsuits:
http://en.wikipedia.org/wiki/Google_Book_Sear
ch_Settlement_Agreement
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Update: U.S. Patent Reform Act
• There have been three consecutive attempts
(2005, 2007, 2009) to reform patent law since
1953
• None has been successful (yet)
• For more:
http://en.wikipedia.org/wiki/Patent_Reform_Ac
t_of_2009
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Does Anyone Have a Question for
Sherry Gordon?
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Discussion Exercise: Online Political
Discussion (Clicker)
4.10 (p. 244): A political group organized a forum on its
Web site to encourage people to post and comment on
individual newspaper articles relevant to political issues
of concern to the group. Other participants added their
comments, and debate and discussion of the articles
continued. Two newspapers sued, arguing that posting
the articles violated their copyrights. Analyze the case.
How do the fair-use guidelines apply? Who should win?
A: Political group
B: Newspapers
C: Not sure
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Discussion Exercise
Recipe Analogy (Ex. 4.29)
A cook can modify a recipe by adding or deleting a few
ingredients without getting permission or paying a royalty to the
person who developed the recipe.
A. Give an example of modifications of a professional song or a
software tool that is analogous to a cook using the recipe.
B. Do you think your example satisfies fair-use guidelines?
Explain why.
C. Copyright protects coookbooks. A court would likely find
that selling a cookbook in which many of the recipes are
slight modifications of previously-published recipes is a
copyright infringment. Give an example of modifications of a
professional song or a software tool that is analogous to
selling such a cookbook.
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Discussion Exercise:
Software for the “Public Good” (Ex. 4.31)
In the 1990s, two writers suggested that
software is a “public good,” like public schools
and national defense, that we should allow
anyone to copy it, and that the federal
government should subsidize it. Suppose this
proposal had been adopted then. How well do
you think it would have worked? How would it
have affected the quantity and quality of the
software produced? Give reasons.
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Considerations for Determining Fair
Use (pp. 206-07)
1. What is the purpose and nature of the use
(commercial vs. nonprofit vs. educational)?
 Commercial less likely to be fair use
2. What is the nature of the copyrighted work?
 Creative work less likely to be fair use
3. How much of the copyrighted work is used?
 The more used, the less likely it’s fair use
4. What is the impact of the use on the potential
market for or value of the copyrighted work?
 Uses that reduce sales less likely to be fair
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Reminders
• Thursday class: Guest speaker Sherry Gordon
• Next Tuesday: Midterm exam review
• Next Thursday: Midterm exam
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