CS 3043 Social Implications Of Computing 10/21/2015© 2008 Keith A. Pray 1 Class 8 Intellectual Property Continued Keith A. Pray Instructor socialimps.keithpray.net

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 2 10/21/2015 Overview 1. Logistics 2. Intellectual Property Continued 1. Students Present 3. Assignment

CS 3043 Social Implications Of Computing Logistics Grading and Assignments Addressing Letters © 2008 Keith A. Pray 3 10/21/2015

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 4 10/21/2015 Overview 1. Logistics 2. Intellectual Property Continued 1. Students Present 3. Assignment

CS 3043 Social Implications Of Computing 5 10/21/2015 Pharmaceutical Patents Less time to realize patent (7-12 yrs) Patent Extensions  Title II of DPC and PTRA  Evergreening  Invalidation 180-day exclusivity Generics WTO rules for developing countries  Doha Declaration on TRIPS Matt Runkle © 2008 Keith A. Pray

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 6 10/21/2015 Trade Secret What are they? How are they enforced?

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 7 10/21/2015 How Does Intellectual Property Protection Apply To Computers? Hardware design Programs Algorithms Look And feel Music And Text Sharing

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 8 10/21/2015 Protecting Software Patented? Copyrighted? Trade Secret? License agreements? Open source and free software?

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 9 10/21/2015 Software License Transfer Tim Poliquin Software and copyright law  Software is not copyrightable  “Structure, sequence, and organization” Software licenses  Software licensed, not sold.

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 10 10/21/2015 Examples Tim Poliquin Microsoft  “This agreement only gives you some rights to use the software. Microsoft reserves all other rights.”  TRANSFER TO A THIRD PARTY. Software Other Than Windows Anytime Upgrade. The first user of the software may make a one time transfer of the software, and this agreement, directly to a third party. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. Windows Anytime Upgrade Software. You may transfer the software directly to a third party only with the licensed device. You may not keep any copies of the software or any earlier version. Other Requirements. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. The transfer must include the proof of license.

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 11 10/21/2015 Examples (cont.) Tim Poliquin Adobe  License Transfer Policy If you transfer the license for a product suite, the license applies to the entire suite of products. Individual products within a product suite are not eligible for a transfer of license. Educational versions of only Macromedia branded products are eligible for a transfer of license. (Transferee must provide proof of educational status to complete the transfer.) Educational versions of Adobe branded products are not eligible for a transfer of license. The transfer of a license includes all versions of that product. If you sell or donate your registered copy of an Adobe branded or Macromedia branded single-user license, then you transfer your rights to all versions of that license as well.

CS 3043 Social Implications Of Computing EULA – Tim Navien What are they?  End User License Agreement What they Cover  Installation, Removal, and Transfer of Software  Terms of Use  Ownership and Copyright Enforcement  No Court Case has stated that EULAs are generally enforceable  No laws directly regulating EULAs © 2008 Keith A. Pray 12 10/21/2015

CS 3043 Social Implications Of Computing Famous EULAs – Tim Navien World of Warcraft  Game and Rights belong to Blizzard  Unlimited Installs  Transferable  Over 10 million members  m/legal/eula.html m/legal/eula.html Spore  Game and Rights belong to EA  Transferable  Governed by DRM* © 2008 Keith A. Pray 13 10/21/2015

CS 3043 Social Implications Of Computing EULA – Important Court Case Tim Navien Davidson & Assoc. v. Jung (8th Cir. 2005)  Case Game developers reverse engineered games to create their own free gaming site after agreeing to the EULA which prohibited reverse engineering.  Issue Did Federal Copyright Law (which permits reverse engineering as type of fair use) preempt the EULA prohibition?  Decision No, EULA was not preempted and the EULA was enforceable By agreeing to the EULA the developers waived their Fair Use Rights © 2008 Keith A. Pray 14 10/21/2015

CS 3043 Social Implications Of Computing EULA – Issues – Tim Navien Common 1. Public Criticism 2. Monitoring 3. No Reversing Engineering 4. Do not use with other Products (Different Vendors) 5. Future Agreement and No notification of Changes 6. Harm to Computer © 2008 Keith A. Pray 15 10/21/2015

CS 3043 Social Implications Of Computing AFFECT – 12 Principles Tim Navien 1. CUSTOMERS ARE ENTITLED TO READILY FIND, REVIEW AND UNDERSTAND PROPOSED TERMS WHEN THEY SHOP. 2. CUSTOMERS ARE ENTITLED TO ACTIVELY ACCEPT PROPOSED TERMS BEFORE THEY MAKE THE DEAL. 3. CUSTOMERS ARE ENTITLED TO INFORMATION ABOUT ALL KNOWN NONTRIVIAL DEFECTS IN A PRODUCT BEFORE COMMITTING TO THE DEAL. 4. CUSTOMERS ARE ENTITLED TO A REFUND WHEN THE PRODUCT IS NOT OF REASONABLE QUALITY. 5. CUSTOMERS ARE ENTITLED TO HAVE THEIR DISPUTES SETTLED IN A LOCAL, CONVENIENT VENUE. 6. CUSTOMERS ARE ENTITLED TO CONTROL THEIR OWN COMPUTER SYSTEMS. 7. CUSTOMERS ARE ENTITLED TO CONTROL THEIR OWN DATA. 8. CUSTOMERS ARE ENTITLED TO FAIR USE, INCLUDING LIBRARY OR CLASSROOM USE, OF DIGITAL PRODUCTS TO THE EXTENT PERMITTED BY FEDERAL COPYRIGHT LAW. 9. CUSTOMERS ARE ENTITLED TO STUDY HOW A PRODUCT WORKS. 10. CUSTOMERS ARE ENTITLED TO EXPRESS OPINIONS ABOUT PRODUCTS AND REPORT THEIR EXPERIENCES WITH THEM. 11. CUSTOMERS ARE ENTITLED TO THE FREE USE OF PUBLIC DOMAIN INFORMATION. 12. CUSTOMERS ARE ENTITLED TO TRANSFER PRODUCTS AS LONG AS THEY DO NOT RETAIN ACCESS TO THEM. © 2008 Keith A. Pray 16 10/21/2015

CS 3043 Social Implications Of Computing More Information – Tim Navien Electronic Frontier Foundation   eulas eulas Fair Terms  AFFECT  Future: Terms of Service (TOS) © 2008 Keith A. Pray 17 10/21/2015

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 18 10/21/2015 Overview 1. Logistics 2. Intellectual Property Continued 1. Students Present 3. Assignment

CS 3043 Social Implications Of Computing © 2008 Keith A. Pray 19 10/21/2015 Assignment Read Chapter 3 - Freedom Of Speech Group Project Answer short individual questions assigned during class.

CS 3043 Social Implications Of Computing Group Project For each principle character in your film note along your time lines where the character makes an ethical or unethical decision.  State the logic behind your believing the decision to be ethical or unethical.  Back up your statement with facts, citing a pertinent code of ethics, etc. © 2008 Keith A. Pray 20 10/21/2015

CS 3043 Social Implications Of Computing 10/21/2015© 2008 Keith A. Pray 21 Class 8 The End Keith A. Pray Instructor socialimps.keithpray.net