INTELLECTUAL PROPERTY PRESENTED BY: BENJAMIN BAKER & BLAZE STERLING

ROADMAP Intellectual Property and Changing Technology Copying and Sharing Free Speech Issues Free Software Recent Issues regarding intellectual property Apple VS Samsung

WHAT IS INTELLECTUAL PROPERTY? is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Protects the non-material efforts and attributes of the creator

EXAMPLE OF INTELLECTUAL PROPERTY OWNING A PHYSICAL BOOK Paper and Ink Give away, Lend, Resell Not allowed to copy Do not own copyrights OWNING AN INTELLECTUAL “BOOK” Ideas, Characters, and Plot Allowed to copy, and resell copies Own the copyrights

METHODS TO PROTECT INTELLECTUAL PROPERTY Copyright The item copyrighted may not reproduced, published, or copied without permission of the holder. Usually denoted © Patents Copy rights for inventions Usually denoted: Patent No: US X,XXX,XXX Date of Patent: Oct 30, 2013

CHALLENGES OF NEW TECHNOLOGY Perfect or Near perfect Copies Copy and Paste High Volume, Inexpensive Digital Storage Hard Disk, SSD, Blu-ray, DVD Scanners Convert Print, Photos, and Artwork to digital form in seconds Compression Formats that make movies and music easy to download, copy, and store

CHALLENGES OF NEW TECH. CONTINUED The Internet Easy to find, post, and download material Broadband (high speed) Internet Huge files transfer quickly Peer to Peer Transfer large amounts of data between strangers with no central system Software Tools Allow nonprofessionals to create works using the works of others

COPYING AND SHARING Pirating Banning, Suing, Taxing, and Jail Time DRM (Digital Rights Management) DMCA (Digital Millennium Copyright Act) Video Sharing

DIGITAL RIGHTS MANAGEMENT Collection of techniques that control uses of Intellectual Property in Digital Format Can prevent fair use as well as infringing use If we can lend a physical CD, why can’t we lend a digital one? Quickly Cracked Overall Ineffective

DIGITAL MILLENNIUM COPYRIGHT ACT Prohibits making, distributing, or using tools to circumvent technological copyright protection systems DeCSS case Program written to circumvent DVD encryption Illegal use: Copying, and playing pirated DvD’s Legal use: Playing DvD’s world wide, fast forwarding comercials

FREE-SPEECH ISSUES Domain Names Deformation Posting Documents for criticism

FREEWARE Linux Open Office Apache Google Eclipse Ect…

FAIR USE The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work

ISSUES IN INTELLECTUAL PROPERTY Apple Vs. Samsung A&M Records Inc. Vs. Napster

SAMSUNG VS APPLE The Claims Trade dress Hardware and software Packaging Trade dress Infringement Federal Trademark Infringement Infringement of design patents

SAMSUNG VS APPLE Stakeholders CEO’s Stockholders Employees Software developers Consumers

SAMSUNG VS APPLE Positive Rights The right to protect their product Hardware and Software The right to protect their customers

SAMSUNG VS APPLE SAMSUNG’S NEGATIVE RIGHTS Sell product Freely design software and hardware Marketing APPLE’S NEGATIVE RIGHTS Privacy Not to be killed The right to do whatever a property owner wants with his or her property.

UTILITARIANISTIC VIEW SAMSUNG “COPIES” APPLE Cheaper Devices Choice of Brand Faster development of new technologies Overall Happiness Increases Right thing to do SAMSUNG DOES NOT “COPY” Samsung loses business Samsung goes under Apple gets Monopoly Expensive Devices No Choice in Brand Overall Happiness Decreases Wrong thing to do

EGOISTIC VIEW SAMSUNG Design Freely More Competitive market Take customers from apple APPLE Take legal action Sue every company that tries to develop a smart phone. Monopolize the smart phone industry

CONSEQUENTIALISTIC VIEW SAMSUNG Might have been wrong to “copy” to design ideas, however, this will lead to a more diverse market APPLE They sued everyone, harming relationships with companies they had ties with, in order to help stay on top of the smart phone industry.

DEONTOLOGICAL VIEW SAMSUNG Should have come up with their own unique ideas and marketed those APPLE Come up with their own idea and marketed it. Deontologically, Apple was correct in this case.

RELATIVISTIC VIEW SAMSUNG Wrong in the sense that Samsung borrowed Apple’s ideas, however, led to wider array of smart phones and other technology. APPLE Not wrong that Apple tired to sue every technology company but, they may have severed ties with companies that helped them.

UNIVERALISM SAMSUNG Theft of anything is wrong. In this case, Apple claimed that Samsung stole their intellectual property. APPLE Apple had the right to protect their intellectual property by any legal means.

NAMPSTER VS A&M RECORDS The Claims Copyright Infringement Central Server 50 Million Users 100 million MP3s DMCA Violation Law requires an effort to prevent copyright infringement

NAMPSTER VS A&M RECORDS Stakeholders Shawn Fanning Stockholders Employees Artists Record Companies Consumers Downloaders

NAMPSTER VS A&M RECORDS NAPSTER Protect their domain on the internet Protect their means of sharing A&M RECORDS Stop their music from being shared Collect money from their products POSITVE RIGHTS

NAMPSTER VS A&M RECORDS NAPSTER’S NEGATIVE RIGHTS Share music Not to be killed Continue doing business Earn advertisement revenue A&M’S NEGATIVE RIGHTS Privacy Not to be killed The right to do whatever a property owner wants with his or her property.

UTILITARIANISTIC VIEW NAPSTER SHARES MUSIC Free music for everyone Get the music you want Overall happiness of music lovers increases Right thing to do NAPSTER DOESN’T SHARE MUSIC People have a hard time finding the music they want Pay a lot for it all Happiness of music lovers decreases Wrong thing to do

EGOISTIC VIEW NAPSTER More music to share More users More add revenue Profit Right thing to do A&M RECORDS Take legal action Stop losing sales Sales increases Profit Right thing to do

CONSEQUENTIALISTIC VIEW NAPSTER Wrong to “share” music Lead to Napster making money Lower music prices Easier to get music legally Right thing to do A&M RECORDS May be wrong to sue the file sharing company instead of users Lead to Recovering lost sales Compensation New ways to sell music Right thing to do

DEONTOLOGICAL VIEW NAPSTER Broke copyright laws “Stole” music Wrong thing to do A&M RECORDS Someone stole from them Took it to court Won the case Right thing to do

WRAP UP Intellectual Property creations of the mind Protected by copyrights and patents New Technology Internet, copies, capacity Sharing DMCA, DRM Fair Use

WORKS CITED Baase, Sara. A Gift of Fire: Social, Legal, and Ethical Issues for Computing and the Internet. Upper Saddle River, NJ: Pearson Prentice Hall, Print