1. COMP 381

2.  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 What is Intellectual Property?

3.  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 Is Intellectual Property Different than Real Property?

4. Need for Protection  Bentham: knowledge of future ownership is incentive to increase value  Landes/Posner: need to recover the development costs

5.  Locke’s Labor-Desert Theory  Hegel’s Personality Theory  Utilitarian: greatest good Ethical Support for IP

6. Locke  Natural right to the fruits of your labor Labor unpleasant, therefore reap rewards  Lockean proviso Only take what you need  Assumption of plenitude

7. Hegel  Property rights essential for personal expression  What we produce is an extension of our personality

8. Utilitarianism  Provide enough protection to make large investments worthwhile

9.  Free flow of ideas  First amendment freedom of speech  Creative ideas build on society and culture Noel Capon Ethical Support against IP

10.  Copying copyrighted materials  Using copyrighted materials  Digital rights management  Business method patents and e-commerce  Ownership of domain names  Hyperlinks  Metatags Ethical Dilemmas

11.  Copyright  Patent  Trademark Legal Protection

12.  Copyright Term Extension Act 1790: 14 + renew 1909: 28 + renew 1976 : author + 50, corporate 75 1998: author + 70, corporate 95  Digital Millennium Copyright Act (1996) Copying Enabling copying Copyright

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

14.  Word, phrase or symbol  “Pithily” identifies  Infringement: used by someone else  Dilutions Blurring – dissimilar products Tarnishment – negative or compromising Trademarks

15.  Responsibility of those enabling it Software Network providers  Cases: software Napster Grockster Bit Torrent  Cases: network providers Verizon Copying copyrighted materials

16.  Sampling: small bits of music Good Copy, Bad Copy Steal This Film II  Digital manipulation Using Copyright Material

17.  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 Digital Rights Management

18.  Processes vs. algorithms  Ease of use  Examples Name Your Price (Priceline) One-click (Amazon) Business Process Patents

19.  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 Domain Names

20.  Responsibility to users Making it clear that its another site Protection from inappropriate material  Responsibility to other site owners Bypassing advertisements ○ Ticketmaster and Microsoft Hyperlinks

21.  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 Metatags