lecture3: Intellectual Property

Overview Introduction Intellectual property rights Protecting intellectual property Fair use New restrictions on use 1-2

Overview Peer-to-peer networks Protections for software Open-source software 1-3

Introduction Value of intellectual properties much greater than value of media – Creating first copy is costly – Duplicates cost almost nothing Illegal copying pervasive – Internet allows copies to spread quickly and widely In light of advances in information technology, how should we treat intellectual property? 1-4

Definition of intellectual property it means all intellectual property produced by human thought of inventions and artistic creations and other product of the human mind. Intellectual property is divided into three categories were: Industrial Property Commercial Property - Literary property

more of Intellectual Property Intellectual property: any unique product of the human intellect that has commercial value – Books, songs, movies – Paintings, drawings – Inventions, chemical formulas, computer programs-> Intellectual property ≠ physical manifestation 1-6

Property Rights Locke: The Second Treatise of Government People have a right… – to property in their own person – to their own labor – to things which they remove from Nature through their labor As long as… – nobody claims more property than they can use – after someone removes something from common state, there is plenty left over 1-7

Benefits of Intellectual Property Protection New ideas can improve quality of life. Some people are altruistic; some are not. Authors of U.S. Constitution recognized benefits to limited intellectual property protection 1-8

Limits to Intellectual Property Protection 1.Giving creators rights to their inventions stimulates creativity… and profit. 2.Society benefits most when inventions in public domain 3.Congress has struck compromise by giving authors and inventors rights for a limited time 1-9

Trademark, Service Mark 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 1-10

Patent 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 Patent Process Patent It! 1-11

4-12 The World of Patents US Patent Office Unusual Patents in the UK Patenting Microbes? Unusual Patents in the US Slide 4- 12

Copyright Provides owner of an original (authored) work four rights – Reproduction – Distribution – Public display – Public performance Copyright-related industries represent 5% of U.S. gross domestic product (> $500 billion/yr) Copyright protection has expanded greatly since

1-14 Used with permission of John Deering and Creators Syndicate, Inc

Copyright Creep 1-15

It Is A Policy Used By Internet Service Providers(ISP) To Deceive And Prevent Its Subscriber capacity Of Infringement Determined By The Company, So That The Company Does Not lose Any Data Or Exaggerated, When The Joint Is To Download Or upload ALarge Database. There Are Monthly Or Daily Limit For Download From The Internet And When The Client Goes Beyond This Limit, The Speed Automatically Drops To A Low Speed Until the End Of The Deadline Set By The Service Provider Fair Use Fair Usage Policy 1-16

Fair Use Fair Use Concept Sometimes legal to reproduce a copyrighted work without permission Courts consider four factors – Purpose and character of use – Nature of work – Amount of work being copied – Affect on market for work 1-17

Time Shifting 1-18

4.6 Peer-to-Peer Networks Peer-to-peer network – Connects computers running same networking program. – Computers can access files stored on each other’s hard drives. How P2P networks facilitate data exchange – Give each user access to data stored in many other computers. – Allow users to identify systems with faster file exchange speeds. 1-19

شبكة الند للند من الفروع بدون هيكلة أساسية مركزية. 1-20

نموذج لشبكة مركزية تعتمد على جهاز خادم 1-21

Napster Peer-to-peer music exchange network. One of the music services that can be accessed via the Internet. Music represents the first service- enabled peer-to-peer file sharing. Began operation in

FastTrack Second-generation peer-to-peer network technology. started as a peer-to-peer file sharing application Kazaa Media Desktop was commonly used to exchange MP3 music files and other file types, such as videos, applications over the Internet.MP3 1-23

Comparing Napster and FastTrack 1-24

Violations of Software Copyrights Copying a program to give or sell to someone else Preloading a program onto the hard disk of a computer being sold Distributing a program over the Internet 1-25

Software Patents Patent protection began in 1981 Inventions can be patented, but not algorithms Patent Office having a hard time determining prior art Result: some bad patents have been issued. Until 1981, Patent Office refused to grant software patents 1-26

More Software Patents Thousands of software patents now exist. Licensing patents a source of revenue Secondary market for software patents 1-27

Generally, Open Source Refers To A Computer Program In Which The Source Code Is Available To The General Public For Use And/Or Modification From Its Original Design. Computer ProgramSource Code Open Source 1-28

More Open-Source Definition 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 Bottom Line: Company can sell an open-source software. Can’t prevent others from selling it either. 1-29

Examples of Open-Source Software Apache Sendmail Firefox OpenOffice.org Perl, PHP, Zope GNU compilers for C, C++, Objective-C, Fortran, Java, 1-30

GNU Project and Linux GNU Project – Begun by Richard Stallman in 1984 – Goal: Develop open-source, Unix-like operating system – Most components developed in late 1980s Linux – Linus Torvalds wrote Unix-like kernel in 1991 – Commonly called Linux 1-31