1. Introduction to intellectual property law April 22, 20091 with acknowledgements to Hal Abelson, Randy Davis and Jonathan Zittrain Biased

2. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. - Thomas Jefferson

3. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. - Thomas Jefferson Non-exclusionary Non-rivalrous

5. The eighteenth century imagined the Republic of Letters as a realm with no police, no boundaries, and no inequalities other than those determined by talent. Anyone could join it by exercising the two main attributes of citizenship, writing and reading. Writers formulated ideas, and readers judged them. Thanks to the power of the printed word, the judgments spread in widening circles, and the strongest arguments won. - Robert Darnton

6. Three basic means of “protecting” intellectual property Trade secret Patent Copyright April 22, 20096

7. Trade secret Definition – Any information that provides a competitive advantage is kept secret Limits – Essentially none; unlimited lifetime Abridged by – Stealing the information – Unauthorized passing on Legally avoided by – Independent discovery – Emergence into the public domain – Reverse engineering April 22, 20097

8. The Fundamental Mechanism: A Time-limited Monopoly US Constitution, Article 1, §8: “ The Congress shall have the power … To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.” April 22, 20098

9. The Fundamental Mechanism: A Time-limited Monopoly US Constitution, Article 1, §8: “ The Congress shall have the power … To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.” April 22, 20099

10. Patent basics Definition – Application of an idea to create something novel, useful, and non-obvious (prior art) – Machines, processes, new forms of matter – Covers only the claims specified – Provides the right to exclude others from making, selling, using – Requires adequate disclosure Limits – 20 years from date of filing – Excludes: math formulas, natural laws, mental steps Obtained by: – Application to US PTO; expensive, claims examined – Can be challenged later Abridged by: Any use of application Avoided by: Careful search April 22, 200910

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16. April 17, 2009Harvard Bits16

17. © Copyright on one slide Covers – Original work of authorship, fixed in a tangible medium Original work of authorship – Covers entire work Gives the author the following exclusive rights – To reproduce the work – To prepare derivative works – To distribute the work – To perform and display the work publicly Lasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) Automatic since 1978 – works are “born copyright” Ignorance is no defense against copyright infringement. (Copyright is a strict liability regime.) Abridged by: copying (literal and non-literal) Legally avoided by: independent creation The details are complicated (about 250 pages in the US Legal Code) Access + similarity => infringement April 22, 200917

18. Insufficient originality April 22, 200918

19. Sufficient originality April 22, 200919

20. Derivative work April 22, 200920

21. April 17, 2009Harvard Bits21

22. April 17, 2009Harvard Bits22

23. Fair Use April 17, 2009Harvard Bits23

24. April 17, 2009Harvard Bits24 While the Lexicon, in its current state, is not a fair use of the Harry Potter works, reference works that share the Lexicon's purpose of aiding readers of literature generally should be encouraged rather than stifled.

25. April 17, 2009Harvard Bits25

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27. http://www.utsystem.edu/ogc/intellectualproperty/lectures.htm April 17, 2009Harvard Bits27

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30. 30February 25, 2010

31. The Fundamental Mechanism: A Time-limited Monopoly US Constitution, Article 1, §8: “ The Congress shall have the power … To promote the Progress of Science and the Useful Arts, by securing for limited Times to authors and inventors the exclusive Right to their respective Writings and Discoveries.” April 22, 200931

32. April 17, 2009Harvard Bits32

33. April 17, 2009Harvard Bits33

34. Increasing duration of copyright April 22, 200934 1928+75=2003 1928+95=2023

35. http://homepages.law.asu.edu/~dkarjala/OpposingCopyrightExtension/publicdomain/HedenkampF reeMickeyMouseVaSp&E(2003).htm#Document2zzFN_B14 April 17, 2009Harvard Bits35

36. April 17, 2009Harvard Bits36

37. More on copyright - limitations First sale doctrine Fair use defense – Consider Nature of the use Nature of the work Amount of the work used Impact on potential market for the work –... April 22, 200937

38. The Internet Disrupts Business Models Based on Scarcity Disrupts Quality Control Based on Cost 38

39. “I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.” – MPAA head Jack Valenti to US Congress, 1982 39

40. 40 A Dream or a Nightmare?

41. April 17, 2009Harvard Bits41

42. 42 Judge Denny Chin

43. 43 Problems with the settlement Creates de facto monopoly (and also de jure) Google, not competition, sets prices Orphan works should be in the public domain

44. … a library or an employee or agent of a library shall not release or disclose a library record or portion of a library record to a person without the written consent of the person liable for payment for or return of the materials identified in that library record (Michigan law 309.603.3.2) 44March 15, 2010

45. 45March 15, 2010 What May Not be Disclosed In a Library Must Be Disclosed in the Digital Library

46. 46February 25, 2010

47. April 17, 2009Harvard Bits47

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49. Patents and Copyrights April 22, 200949

50. Even more on copyright – Types of infringement Direct infringement Contributory infringement – There has been a direct infringement by someone – The accused contributory infringer knew or should have known about the underlying direct infringement – The accused contributory infringer induced, caused, or materially contributed to the underlying direct infringement Vicarious infringement – There has been a direct infringement by someone – The accused vicarious infringer had the right or ability to control or supervise the inderlying direct infringement – The accused contributory infringer derived a direct financial benefit from the underlying direct infringement April 22, 200950

51. April 22, 200951

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56. source the “cloud” destination internetserviceproviders internet service providers regulation

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59. The Universal Declaration of Human Rights (December 10, 1948) Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. April 17, 2009Harvard Bits59

60. The Universal Declaration of Human Rights (December 10, 1948) Article 27.(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. April 17, 2009Harvard Bits60

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