21 April 2008

 Ownership and property  Rights of ownership: Blackstonian Bundle ◦ Exclude anyone from the property ◦ Use it as sees fit ◦ Receive income from ◦ Transfer property to someone else  Intellectual property: intellectual objects

 Physical objects ◦ Zero-sum gain: one user at a time ◦ Significant cost in both development and replication  Intellectual objects ◦ Used by many at once ◦ Significant cost in development, marginal cost in replication

 Copyright ◦ Copyright Term Extension Act ◦ Digital Millennium Copyright Act  Patent  Trademark

 Protects original work from reproduction ◦ Independently created  NOT novel or aesthetic value ◦ Fixed in a tangible medium  Author’s rights ◦ Produce derivative works ◦ Perform  Fair use ◦ Purpose and character of use ◦ Nature of copyrighted work ◦ Amount and substantiality of portion used ◦ Effects on the market  First sale provision

 History ◦ 1790: 14 year plus 1 extension ◦ 1909: 28 years plus 1 extension ◦ 1976: lifetime +50 (indiv) +75 (corporations) ◦ 1998: lifetime +70 (indiv) +95 (corporations)  Latest law: Mickey Mouse protection  Opponents: Too long. Overprotects.

 Mechanisms to protect digital data  Act outlaws ◦ Circumvention ◦ Manufacture or distribute technology to enable  Intermediary liability  Alright to circumvent for ◦ Fair use ◦ Interoperability ◦ Research and testing

 Physical objects ◦ Process, machine or composition of matter ◦ NOT laws of nature, scientific principles, algorithms  Criteria ◦ Novel ◦ Not previously described ◦ Non-obvious ◦ Useful

 Word, phrase or symbol  “Pithily” identifies  Infringement: used by someone else  Dilutions ◦ Blurring – dissimilar products ◦ Tarnishment – negative or compromising

 Locke’s Labor-Desert Theory ◦ People have a natural right to benefit from fruit of one’s labor” ◦ Lockean proviso: only appropriate property sufficient to need  If others suffer no harm ◦ Assumption of plenitude  Hegel’s Personality Theory  Utilitarian

 Locke’s Labor-Desert Theory  Hegel’s Personality Theory ◦ Property as expression of one’s personality ◦ Transfer freedom into an external sphere ◦ How people put their personality into the world ◦ Protect our self-image  Utilitarian

 Locke’s Labor-Desert Theory  Hegel’s Personality Theory  Utilitarian: greatest good ◦ People need to acquire to be happy ◦ Recovering cost of creation ◦ Enough coverage to serve as an inducement to create

 Free flow of ideas  First amendment freedom of speech  Creative ideas build on society and culture

 Copying copyrighted materials  Using copyrighted materials  Digital rights management  Business method patents and e-commerce  Ownership of domain names  Hyperlinks  Metatags

 Responsibility of those enabling it ◦ Software ◦ Network providers  Cases: software ◦ Napster ◦ Grockster ◦ Bit Torrent  Cases: network providers ◦ Verizon

 Sampling: small bits of music ◦ Good Copy, Bad Copy Good Copy, Bad Copy  Digital manipulation

 Lessig’s law and code ◦ Digital is easier to reproduce, distribute, … ◦ Software or hardware to protect  But allows content provider to ◦ constrain who can use  Fair use  DeCSS case ◦ track who is viewing

 Processes vs. algorithms  Ease of use  Examples ◦ Name Your Price ◦ One-click

 Cybersquatting ◦.net,.org,.com, … ◦ Punctuation (hyphenation, etc.) ◦ Phrases, nicknames  Parody, criticism, complaint (cybergriping) ◦ Property rights vs. free speech ◦ Bringing people to the site under false pretenses ◦ Including the name in the url vs. appearing to be the site

 Responsibility to users ◦ Making it clear that its another site ◦ Protection from inappropriate material  Responsibility to other site owners ◦ Bypassing advertisements  Ticketmaster and Microsoft

 What are they? ◦ Invisible content used for searching and advertising  Geting more leverage ◦ Search engines ◦ Banner ads  Techniques ◦ Multiple tags to get more leverage ◦ Tags that are unrelated