Intellectual Property Rights and Online File Sharing Erwin Solis Antoine Herve Matt Olsen Nikolai Hart Tim Scott

Overview Define Intellectual Property Rights and Online File Sharing Define Intellectual Property Rights and Online File Sharing Main file sharing websites, their revenue, who uses their sites and why (popularity) Main file sharing websites, their revenue, who uses their sites and why (popularity) Pros and Cons Pros and Cons Affect on Business Affect on Business Security (DRM…) Security (DRM…) Law Case Law Case IP Organizations IP Organizations Legality Legality SOPA SOPA

What Is Intellectual Property? Creations of the mind Creations of the mind

Copyrights Copyrights Trademarks Trademarks Patents Patents Industrial Design Rights Industrial Design Rights Trade Secrets Trade Secrets Geographical Indication Protection Geographical Indication Protection Intellectual Property Rights

Copyrights Gives creator exclusive rights to their creation Gives creator exclusive rights to their creation

Trademarks Protection of distinctive signs Protection of distinctive signs

Patents Protects Inventions Protects Inventions

Industrial Design Rights Protects aesthetic designs of creations Protects aesthetic designs of creations

Trade Secrets Information that can provide an economic advantage Information that can provide an economic advantage

Geographical Indication Protection Ensures accuracy of origin Ensures accuracy of origin

What is Online File Sharing? ■ Distributing or providing access to digitally stored information

File Sharing: Two Types Peer-to-peer (P2P) Peer-to-peer (P2P) File Hosting Services File Hosting Services

Peer-to-peer Network of “peers” Network of “peers”

File Hosting Service Service that hosts user files Service that hosts user files

Digital Download Sites P2P is being replaced by digital download sites P2P is being replaced by digital download sites Why? Why? Fast download speeds Fast download speeds A lot of sites to choose from A lot of sites to choose from the lower cost of hosting the lower cost of hosting Less dangerous than P2P for illegal download Less dangerous than P2P for illegal download

Digital Download Sites Cont. Classified as “digital piracy sites” Classified as “digital piracy sites” Generated 146 million visits per day / 53 billion visits per year Generated 146 million visits per day / 53 billion visits per year The big 3: The big 3: Rapidshare Rapidshare Megaupload Megaupload Megavideo Megavideo They generate 21 billion visits They generate 21 billion visits

Digital Download Sites Cont. Why using them? Why using them? Advantages: Advantages: Easy to use Easy to use Free (partially) Free (partially) Safer than public P2P Safer than public P2P Disadvantages: Disadvantages: Limited amount of download per hour Limited amount of download per hour Some services are not free Some services are not free Advertisement Advertisement No search engine integrated No search engine integrated

How to Find Files to Download? Third-party search engines Third-party search engines Forums Forums Google Google

Piracy Promo. and Revenue Indirectly promoting piracy Indirectly promoting piracy Trying to fight that issue by deleting pirated data. Trying to fight that issue by deleting pirated data. Making money with: Making money with: Membership accounts Membership accounts Advertisement Advertisement Legally selling movies, music, etc. Legally selling movies, music, etc.

Pros of File Sharing Preview of products before buying Preview of products before buying Software developers who want to share their files to be tested Software developers who want to share their files to be tested Sharing personal files to family or friends Sharing personal files to family or friends Collaboration Collaboration

Cons of File Sharing Risk of computer viruses from un-trusted sources Risk of computer viruses from un-trusted sources Exposure of sensitive or personal information Exposure of sensitive or personal information Denial of service Denial of service Prosecution Prosecution

Affect on Business Allows people at work to collaborate on a group projects Allows people at work to collaborate on a group projects s s Blogs Blogs Open Source projects Open Source projects If your computer is on a company network and exposes customer information, both you and your company may be liable. If your computer is on a company network and exposes customer information, both you and your company may be liable.

Security DRM (Digital Rights Management) DRM (Digital Rights Management) Software or files that protect and restrict media use Software or files that protect and restrict media use Video games, music, and movies Video games, music, and movies SecuROM, Starforce, Advanced Audio Coding (AAC) (M4P) SecuROM, Starforce, Advanced Audio Coding (AAC) (M4P) Did you purchase or rent the software? Did you purchase or rent the software?

Law Cases Apple vs Samsung Apple vs Samsung Violation of Intellectual Property Rights Violation of Intellectual Property Rights Bethesda vs Mojang Bethesda vs Mojang Violation of Trademarks Violation of Trademarks “Everybody” vs Napster “Everybody” vs Napster Violation of Copyrights Infringement Violation of Copyrights Infringement

Apple vs Samsung Apple vs. Samsung Apple vs. Samsung Violation of Intellectual Property Rights Violation of Intellectual Property Rights Patents and Industrial Design Patents and Industrial Design Samsung’s Galaxy cell phone and tablet copied Apple’s cell phone and tablet Samsung’s Galaxy cell phone and tablet copied Apple’s cell phone and tablet Look, product design, packaging, and user interface Look, product design, packaging, and user interface

Apple vs Samsung

Bethesda vs Mojang Bethesda Softworks vs. Mojang Bethesda Softworks vs. Mojang Violation of Trademarks on the word “Scrolls” Violation of Trademarks on the word “Scrolls” Bethesda’s video game series: Bethesda’s video game series: The Elder Scrolls The Elder Scrolls Mojang’s upcoming game titled Scrolls Mojang’s upcoming game titled Scrolls

Napster Napster originally a peer-to-peer service Napster originally a peer-to-peer service Co-founded by Shawn and John Fanning and Sean Parker Co-founded by Shawn and John Fanning and Sean Parker Operated between Operated between Later was Acquired by Best Buy Later was Acquired by Best Buy Incurred heavy legal problems in 2000 Incurred heavy legal problems in 2000 Many Law Cases over Copyrights Infringement Many Law Cases over Copyrights Infringement

Napster Cases Metallica vs Napster Metallica vs Napster Demo of the song I Disappear found on Napster Demo of the song I Disappear found on Napster As well as Metallica's entire back catalogue As well as Metallica's entire back catalogue Dr. Dre vs Napster Dr. Dre vs Napster Same as Metallica’s case Same as Metallica’s case A&M Records vs Napster A&M Records vs Napster Napster was liable for vicarious and contributory infringements Napster was liable for vicarious and contributory infringements

Organizations Motion Picture Association of America (MPAA). Motion Picture Association of America (MPAA). Recording Industry Association of America (RIAA). Recording Industry Association of America (RIAA). World Intellectual Property Organization (WIPO). World Intellectual Property Organization (WIPO).

Legal Issues Legal – File sharing technologies (P2P, FTP, etc). Legal – File sharing technologies (P2P, FTP, etc). Illegal – File sharing of copyrighted material. Illegal – File sharing of copyrighted material. Problems – Hidden identity, rapid growth of technology. Problems – Hidden identity, rapid growth of technology.

Stop Online Piracy Act

References computer.howstuffworks.com/bittorrent1.htm computer.howstuffworks.com/bittorrent1.htm utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+p2pblog+%28P2P+Blog%29 utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+p2pblog+%28P2P+Blog%

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