1. Intellectual Property n Based on... –Argonne National Laboratory presentation by Keith Miller, 10/29/96 –Property Rights in Computer Software, Deborah Johnson –A Gift of Fire, Sarah Baase

2. Two comments n One of the most interesting computer ethics issues with respect to relationship between legality and morality n John Rawls’ concept of a “veil of ignorance” is very relevant here.

3. What’s different? n Storage of text, sound & graphics in standardized formats n High-volume, inexpensive digital storage media n Scanners easily convert from printed to digital form n Compression techniques n Ease of copying & distributing n World Wide Web n Peer-to-peer technology

4. Legal protection mechanisms n Trade secrets n Copyright n Patent

5. Trade Secret n Hide what you want to protect n Lasts as long as you can pull it off n Does not protect against independent development

6. Copyright (1) n Original law passed in 1790 –Books, maps, charts n Revised in 1909 –Photography, sound recording, movies added n Revised again in 1976 to cover software –Protected computer databases and programs »Deals with the “expression” of an algorithm, not the actual algorithm n Continual revisions up through 1998 –DMCA

7. Copyright (2) n Lasts 50-70 years after your death n Almost automatic; always inexpensive n The “fair use” doctrine provides a relaxation of the rules…

8. Fair Use (Samuelson, CACM) n Four factors to consider: –Purpose & nature of use »E.g., commercial or nonprofit –Nature of copyrighted work »E.g., creative or factual –The amount & significance of the portion used –The potential effect on the market value of the original

9. DMCA n In 1998, Congress passed a law prohibiting the making, distributing or use of tools to circumvent technological copyright protection n Controversial anti-circumvention clause

10. Patent n Gives a monopoly on the use of your inventions n Developed to foster progress –Abstract ideas, mathematical algorithms, scientific principles are all excluded from patent protection n Lasts 17 years (with an extra 5 years in extraordinary circumstances) n Proving novelty is difficult; can be costly

11. Some criticisms n Trade secrecy –Society can be kept in the dark, theoretically, forever. n Copyright –Software ideas may not be well protected. –DMCA is fraught with problems »Criminalizes use of devices with legitimate purposes, conflicts with freedom of speech n Patent –Monopoly of common knowledge or obvious ideas can be stifling.

12. Some competing philosophies n Locke’s Labor Theory of property –You own something because you mix your labor with it n Utilitarian argument –Choose laws that produce the greatest good for the most people n Rawlsian argument –What rules would you set if you didn’t know your relationship to them?

13. A scenario n Earl Eniac develops a virus tester and makes it available free on the Internet n Jake Jasper gets a copy, makes some improvements and starts selling it n Earl Eniac buys a copy of Jake’s package and posts it on the Internet n What’s right? What’s wrong? Justify your answers

14. Some introspection n Do you believe in software property rights? n Have you always acted according to these beliefs? n Does your ethical stand change when your role changes? Does your behavior?

15. In the workplace n SXU owns the computer in my office. n Who owns my e-mail? n Who owns my notes & papers? n Who owns my programs? n Does ownership of hardware imply ownership of the bits stored in it?

16. The Internet n Is it more like a newspaper, a book or a television show? n Who is responsible for the content of a Web page? Who is responsible for its dissemination? n I link my home page to yours; did I copy?

17. Miscellaneous questions n Is it OK to use a copy of a program for an hour to decide if I should buy it? a day? a month? n Is it OK to copy a Web page, make some changes and post the changed page? Is it OK if I include acknowledgements? n Is it OK to use a company machine after business hours to develop software I will sell on my own?

18. Richard Stallman... n Development of software should not be linked with owners who can restrict the use of it. n We must compare the value to society of a restricted program with that of the same program, available to everyone. n Software owners typically argue against this view on emotional & economic grounds.

19. Stallman ctd... n Having “toll booths” for useful software programs costs society dearly. It makes the software: –more expensive to construct –more expensive to distribute –harder to use

20. Stallman ctd... n When software is proprietary: –Fewer people use it –None of the users can adapt or fix it –Other developers cannot learn from the code or base new work on it

21. Nissenbaum... n The “strong no-copy view” emphasizes the moral claims & interests of software producers; it ignores those of the end-user. n There are morally compelling factors that motivate many acts of software copying.

22. Digital music n Napster –Built a website that facilitated peer-to- peer audio file transfer –Side-stepped the artist and recording studios –Is it wrong? Does it deny artists and recording studios a living?