Jesse Phelps

 Technology is penetrating every aspect of life  More laws will regulate technology  Personal information  Health information  Business compliance

 Microwave Oven  Could theoretically operate on any of a large number of frequencies  2.4 GHz was chosen because of cost  Available commercially since 1947  Industrial, Scientific & Medical (ISM) Bands  Unlicensed (FREE) spectrum  Recommended by International Telecommunication Union (ITU)  Approved by FCC in 1985  IEEE defines specs

 College Opportunity and Affordability Act of 2007  MPAA & RIAA pushed for rule that…  Requires monitoring and combating peer-to-peer file sharing  Or else students lose financial aid

 First Sale Doctrine  If you own a license to a work, you can transfer that license  Codified in Copyright Act of 1976

 Novell v. Network Trade Center (1997)  Most courts that have addressed the validity of the shrinkwrap license have found them to be invalid, characterizing them as contracts of adhesion (non-negotiable, one party is highly favored), unconscionable, and/or unacceptable pursuant to the U.C.C.  This Court holds that transactions making up the distribution chain from Novell through NTC to the end-user are "sales" governed by the U.C.C. Therefore, the first sale doctrine applies. It follows that the purchaser is an "owner" by way of sale and is entitled to the use and enjoyment of the software with the same rights as exist in the purchase of any other good.

 Vernor v. Autodesk, Inc (2008 – appealing)  Autodesk repeatedly DMCAed Vernor’s eBay auctions for AutoCAD  Vernor filed suit  Federal Judge Richard A. Jones agreed with Vernor citing first-sale doctrine  Ninth Circuit Court of Appeals overturned

 Human senses are analog  RIAA/MPAA proposed plugging the “analog hole”  Require all ADCs to detect “hidden” copyright signal and shutdown if found

 FCC voted unanimously to issue proposed rules to help prevent Bill Shock  Bill Shock – unexpected cell phone overage fees  Will be available on

 Technologists make large, complicated systems  Technologists improve efficiency  Good technologists ask “Why?”

 Get involved  Talk with politicians  Blog about your concerns  Continuing Educating Yourself       Educate others!

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