Intellectual Property Rights CSCI 327 Social Implications of Computing © ™© ™

Definition Intellectual Property is any unique product of the human intellect that has commercial value. For example books songs movies software

Initial Question Should Intellectual Property be protected? No - free ideas create the most benefit for the most people. Yes - protecting such property motivates creators to create.

Dannelly the chair builder I build a chair out of PVC and leave it sitting in my front yard. 1. Someone takes the chair. is that stealing? 2. My chair has a very unique design. The next weekend I see that my neighbor has copied the design and built his own chair. is that stealing?

continued… 3. My neighbor got the idea for his chair from the vines on a tree between our two yards. 4. My neighbor bought my chair. Then used it as a pattern to make more chairs for his backyard. 5. My neighbor bought my chair. Then made copies and sold them.

Trade Secrets the invention is private e.g. Coke Patents the invention is public inventor has exclusive rights for 20 years Trademarks Copyrights Protecting Intellectual Property

Trademark Includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. must pay fee to USPTO Copyright Protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. single author: lifetime of author plus 70 years * work for hire:95 years from publication or 120 years from creation works created before 1978:it's really complicated Copyright is automatic once you create the work in tangible form. Registration is required before you can file a lawsuit. *

Copyright Duration and Mickey Mouse

Can you Patent Software? In Europe: No. In USA: Kind of. Only if the software is part of a larger process. novel (new) useful nonobvious The US Patent and Trademark Office issues about 20,000 patents for software each year.

Amazon.com v BarnesandNoble.com Amazon.com developed a "one-click express checkout" and obtained a patent Barnes&Noble later developed a similar interface. Amazon sued in B&N stated that the idea did not meet the non-obviousness test (express pay lines are common) Amazon won the case.

Laws US Constitution The congress shall have the power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries. Copyright extension in 1909 any form that could be seen or read visually by humans hence, copies of player piano music were legal, while copying sheet music was illegal

Laws Copyright extension in 1980 set of statements or instructions to be used directly in a computer in order to bring about certain results must contain original ideas No Electronic Theft Act of 1997 illegal to reproduce or distribute (even without profit) more than $1,000 worth of copyrighted material in 6 months.

Copyright Court Cases Eldred v John Ashcroft Eldred operated a web site with free versions of non- copyrighted old books. In 1998 the copyrights were extended, but he did not remove the books. In 2003, the supreme court ruled against Eldred.

Fair Use Sometimes it is "fair use" to reproduce copyrighted work without permission. Four factors used by judges: 1. What is the purpose and character of the use? 2. What is the nature of the work being copied? 3. How much of the work is being used? 4. How will this use affect the market for the work? US Copyright Act of 1976

Sony v Universal Studios In 1976, Universal and Disney sued Sony stating that the Betamax enabled people to copy copyrighted material. The supreme court ruled (5 to 4) that the private, noncommercial use of copyrighted material is "fair use". Also, the Betamax should be legal to own because it could copy non-copyrighted, as well as copyrighted, material.

MGM v Grokster MGM v Grokster (2005) Grokster promoted themselves as the replacement to Napster. MGM et.al. sued because 90% of the content was copyrighted. Lower court judge ruled in favor of Grokster. citing Sony v Universal - selling a copier is legal. Grokster does not control their users actions. Supreme Court overruled in favor of MGM et.al. by vote of 9-0. "We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

"Megaupload boss says innocent, rival stops file-sharing" (Reuters, Jan 23, 2012) - The founder of file-sharing website Megaupload was ordered to be held in custody by a New Zealand court on Monday, as he denied charges of internet piracy and money laundering and said authorities were trying to portray the blackest picture of him. Prosecutor Anne Toohey argued at a bail hearing that Kim Dotcom, a German national also known as Kim Schmitz, was a flight risk "at the extreme end of the scale" because it was believed he had access to funds, had multiple identities and had a history of fleeing criminal charges. U.S. authorities want to extradite Dotcom on charges he masterminded a scheme that made more than $175 million in a few short years by copying and distributing music, movies and other copyrighted content without authorization. Megaupload's lawyer has said the company simply offered online storage. The shockwaves of the case appeared to be spreading among rival websites offering lucrative file-sharing. FileSonic, a website providing online data storage, said in a statement on its website that it had halted its file-sharing services. Dotcom, 38, and three others, were arrested on Friday after New Zealand police raided his country estate at the request of the U.S. Federal Bureau of Investigation. Police cut Dotcom out of a safe room he had barricaded himself in, because, according to his lawyer, he was frightened and panicked.

D M C A D M C A Digital Millennium Copyright Act, 1998 created "safe harbor" for ISPs that might be used to disseminate copyrighted material e.g., youtube must remove content when notified, but is not liable for users' actions criminalizes technology intended to circumvent Digital Rights Management (DRM) you can bypass a DVD's Content Scrambling System for noncommercial use you can "jailbreak" your iPhone you can "jailbreak" your iPad

Copying Software These are illegal without permission: Copying a program to give it or sell it to someone else Distributing a program over the internet Preloading a program onto the hard disk of a computer to be sold

Universal Studios v Reimerdes DVDs are equipped with a Content Scrambling System to make it hard to copy them. In 1999 three teenagers in Norway wrote a de-css program which was posted by several US web sites so that linux users could play DVDs In Norway, the teenagers were acquitted because they have the right to the contents of the DVD they purchased. But, the Digital Millennium Copyright Act makes illegal the technology to circumvent copyright protection technology

Patent Court Cases Apple v Microsoft ( ) Apple claimed MS's interface was their idea Judge determined icons and menus were like buttons and controls on a VCR or car. Apple v Samsung v Motorola (2011-current) multiple lawsuits in multiple countries for example : phones with rounded corners by 2012 there were 50 lawsuits around the world Samsung owed $1B to Apple (all profits from Samsung's infringing phones). Reduced to $399M. In Dec 2016, SCOTUS said the amount should have been based on the value of the infringing parts, not the whole phones.

Quiz Q: Did Dannelly break the law by adding the Nike Swoosh to these lecture notes? A: Probably Not Under Fair Use 1. purpose of copy - educational 2. nature of work being copied - trademark 3. amount of the material being copied - all of it 4. effect on sales - dannelly is promoting Nike

Next Class... Privacy is privacy a right how private is online shopping how common are breaches of privacy is data mining a bad thing In-Class Writing Assignment