Chapter Four Intellectual Property in Cyberspace.

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Presentation transcript:

Chapter Four Intellectual Property in Cyberspace

What is Intellectual Property Property as ownership Intellectual (vs. physical) property consists of intellectual objects such as a poem or a novel

Legal Protection Copyright Laws – Give authors exclusive rights to their works, especially the right to make copies – Safety valves such as fair use and first sale Parody as example of fair use Campbell v. Acuff-Rose

Legal Protection (2) Patents – Protect physical objects – machines, inventions, but also software (Diamond v. Diehr) – Eligibility requirements include non-obviousness and novelty Trademarks – Protect words, phrases, symbols – Infringement and dilution

Moral Justifications Locke’s Labor Desert Theory – Labor on unowned resources engenders a property right – Proviso imposes limits Personality Theory – Hegel – Property as expression of one’s personality Utilitarianism – Landes/Posner model

Recent Legislation Digital Millennium Copyright Act (DMCA) – Anti-circumvention rules Copyright Term Extension Act (CTEA) – Extends copyright protection for additional20 years Proposed Anti-Piracy Legislation – SOPA and PIPA

Issues for the Internet Copyright and Digital Music and Movies – Napster – Peer-to-Peer networks (KaZzA, Grokster, Limewire) DMCA Related cases – DeCSS Lawsuit – Durable Goods Cases

Issues for the Internet (2) Software Ownership Open Source Software (OSS) – Stallman’s philosophy: software ownership prevents software’s technological evolution – Benefits of OSS – “Cathedral and the Bazaar” (Eric Raymond)

Issues for the Internet (3) Digital Rights Management (DRM) Architectures – Trusted systems – iTunes – Fair use and other challenges to DRM’s

Issues for the Internet (4) Patent Issues – Business Method Patents Amazon v. Barnes & Noble MercExchange v. eBay Are cyberpatents necessary or do they actually impede innovation – Patents and Smartphones Apple v. Samsung

Issues for the Internet (5) Domain Names – Ownership of domain names (ICANN) – Cybersquatting – UDRP and ACPA Interconnectivity Issues – Hyperlinks – Ticketmaster v. Microsoft

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