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The Internet and the Law WeeSan Lee weesan@cs.ucr.eduweesan@cs.ucr.edu
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Intellectual Property Law Copyright Law Trademark Law Patent Law First Amendment Issues References
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Copyright Law To protect the expression of ideas, eg. Graphic images, sound files, email messages, programs Things can’t be copyrighted Idea itself (not tangible), logo that hasn’t been created, facts, names, short phrases
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Copyright Law To register officially $30 application fee to the U.S. Copyright Office Don’t use poorman’s copyright method Copyright is good for: The life of the author + 70 years If the work is made as work for hire, it’s 95 years instead
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Copyright Law When something is copyrighted, it means that only the author has the right to copy it Or permission from the author Sometime, the permission comes at a price “Happy Birthday to You” Copyrighted in 1935 by the Summy Company Will be expired in 2030 in the US Expired in 1985 (+50 years) in other countries Acquired by Time Warner in 1990
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Copyright Violation? When viewing a web page, your browser download an article, graphics, etc to your local computer … Put the following in your homepage http://www.google.com/intl/en_ALL/ images/logo.gif In general, it’s ok to link to others, but, it’s copyright infringement to create the impression that it’s your work
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Copyright Violation? DMCA (Digital Millennium Copyright Act) was passed in 1998 to address those electronic works related problems The TEACH Act of 2001 relaxed the copyright law for online distance education purposes
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Trademark Law To protect company logos and names, products brand-names, slogan, acronym, etc. For example Intel® Pentium® processor, iPhone® Generic terms & numbers can’t be a trademark, eg. Windows, 80486 No expiration through renewal
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Patent Law To protect the discovery from being capitalized upon by another Patent-granting test The product must serve some useful purpose The product must be explicitly detailed
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First Amendment Issues Focus on Freedom of Speech Does SPAM enjoy First Amendment protection? Not anymore Are content filtering devices considered a contradiction to the First Amendment? K-12 are required to install filtering devices
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References Internet Effectively Ch 14 - The Internet and the Law World Intellectual Property Organization http://www.wipo.int/ http://www.wipo.int/ Copyright of “Happy Birthday to You” song http://en.wikipedia.org/wiki/Happy_Birthday_to_You http://en.wikipedia.org/wiki/Happy_Birthday_to_You Poorman’s copyright http://www.copyrightauthority.com/poor-mans-copyright/ http://www.copyrightauthority.com/poor-mans-copyright/ Intel 80486 trademark http://en.wikipedia.org/wiki/Intel_80486 http://en.wikipedia.org/wiki/Intel_80486 Windows trademark http://www.eweek.com/article2/0,1895,1524941,00.asp http://www.eweek.com/article2/0,1895,1524941,00.asp http://www.eweek.com/article2/0,1895,1567642,00.asp http://www.eweek.com/article2/0,1895,1567642,00.asp
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Homework 10 Read "RIAA FAQ": http://www.riaa.com/faq.php Read the law about copying CDs: http://www.musicunited.org/2_thelaw.html List ALL the DO's and DONT's Due next Monday (12/3) @ 11:55pm Be advised to submit early, say by end of this week
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