1. CPS 001 9.1 Today’s topics Digital Intellectual Property Issues Reading Intellectual Property Readings Intellectual property for CS students Software patents: One-click and Air Travel Open Source definitions Microsoft Corp., "Some Questions Every Business Should Ask About the GNU General Public License (GPL)", 2001 Brookshear, Chapter 6

2. CPS 001 9.2 What is digital? l What’s the difference between ä Rolex and Timex? ä VCR tape and DVD? l How is ripping to a mp3 different from recording to a tape? ä Reproduction: immediate and future ä Distribution ä Modification l Why do digital media present new challenges from analog media? ä Is copyright infringement new?

3. CPS 001 9.3 Copyright l US Constitution (Article I, Section 8, Clause 8): “To promote the Progress of Science and useful Arts” ä What can you copyright? Fixed, tangible medium of expression with a modicum of originality ä How do you copyright? Don’t need anything. Registration necessary for copyright infringement suits ä Authors given limited monopoly so they will disclose to public ä Concessions 1.Fair use 2.First sale 3.Limited Time ä Evolving Bargain: Copyright holder may profit from works and public has access and can build upon them ä What would happen if information could only be shared if the owner provided permission?

4. CPS 001 9.4 Fair use l Use copyrighted works without permission if the use does not unduly interfere with the copyright owner’s market for a work l Include personal, noncommercial uses l 4 prong test 1. Purpose and character of use (commercial vs. non-profit or educational) 2. Nature of copyrighted work 3. Amount and substantiality of the portion used 4. Effect of the copying upon market l Example: using a VCR to time-shift a broadcast program l Reverse engineering ä OK when extracting unprotected elements ä Connectix Virtual PlayStation

5. CPS 001 9.5 Digital rights management l Idea: copying is hard to control, so make the copying process itself difficult ä Restrict the use of digital files in order to protect interest of copyright holders ä Control file access ä Implemented in operating system, program software, or in the actual hardware of a device l Digital watermarking ä Make information so that unauthorized copying can be detected l Serial Copy Management System (Audio Home Recording Act 92) l Dystopian and utopian results? l Privacy issues?

6. CPS 001 9.6 Test Case Artist Def Jeff creates a new song that includes a four-bar percussion sample from a Rolling Stones song. He uses the sample without receiving permission from the copyright holder, His DJ overlays the track containing the sample with 40 tracks of original music and puts the song on his latest CD. l Were Def Jeff’s actions within the limits of fair use? l Would he lose a lawsuit? l Were his actions ethical?

7. CPS 001 9.7 Important papers l National Information Infrastructure White Paper 1995 1. Copyright owners given exclusive rights over “transmission” of information not just copying 2. Eliminate first-sale doctrine for digital works 3. Criminalize tampering with copyright protection or identification mechanisms ä Controversial and bills to implement recommendations were not passed, until… l World Intellectual Property Organization Treaty 1996 l Digital Millenium Copyright Act 1998 ä Encourages use of technological protections to facilitate a pay-per- view/use system ä Copyright used to regulate multiplication and distribution of works but how about consumption? ä Civil and criminal penalties for circumventing copyright prtection systems

8. CPS 001 9.8 Copyrights l Copyright Term Extension Act 1998 ä Free Mickey Mouse! (challenged in Supreme Court 2003) ä Retroactive copyright extension of 20 years ä Breyer: “effect … is to make the copyright term not limited, but virtually perpetual” Over the last 40 years, Congress has lengthened copyright durations 11 times Copyright term length –95 years for corporations –70 years after death for individuals l Other forms of exclusive rights in information ä Patents: inventions that others cannot use ä Trademark: differentiates between different sources of products ä Trade secret: pseudo-property right to penalize those who disclose information to unauthorized persons

9. CPS 001 9.9 Questions l Is copyright infringement stealing? l What are the differences between writing code and writing books in terms of licensing? l Discuss the legality of peer-to-peer sharing with respect to the four prongs of determining fair use l Eben Moglen: Eben Moglen ä If you could feed everyone by pressing a button to create lambchops (for free), is there a moral reason to have starving people? ä If everything has zero marginal cost and can be given to everyone everywhere why is it ever moral to exclude anyone from anything?

10. CPS 001 9.10 Consequences l Scientific research ä Secure Digital Music Initiative & Prof. Edward Felton ä Adobe & Dmitry Skylarov l Fair Use ä Copy-protected CDs ä DeCSS and DVD Copy Plus l Innovation and competition ä Sony vs. Connectix and “Mod Chip” makers ä Apple & Other World Computing

11. CPS 001 9.11 Patents l Why patents are powerful? ä Right to exclude others from “praticing the invention” l Currently operating under Patent Act of 1975 ä 20 year term l Patent and Trademark Office looks at 4 criteria 1. Is proposed invention patentable? 2. Utility 3. Novelty 4. Non-obviousness 1. Software patents ä Only recently have patents been granted for software or business methods ä Controversial patent: Amazon.com’s One-Click

12. CPS 001 9.12 Types of software l Software Licenses ä Public domain ä Free ä Open Source ä Copylefted ä Semi-free ä Commercial l Specific licenses ä GNU Public License ä Mozilla Public License ä Lots more… l Proprietary (closed) software ä Freeware ä Shareware ä Adware ä Spyware l Commercial Academic licenses Say you buy software using (steep) student discounts that are available at the Duke Computer Store? Can you use it when you leave Duke and are no longer a student? What do you buy when you purchase software?

13. CPS 001 9.13 Open source l Commercial software license schemes ä Microsoft’s Embrace and Extend ä What’s a EULA? l Rights ä Make copies of the program and distribute them ä Access to the software’s source code ä Make improvements to the program l Results ä All contributors at same relative level ä Lots of competition in distribution or support ä Why does it work? l Free Software Foundation formed in 1984 Free Software Foundation ä GNU General Public License (Copyleft) ä Seminal work produced (emacs, gnu compiler) ä Spawned different licenses like the Open Source DefinitionOpen Source Definition

14. CPS 001 9.14 Sources of material l Organizations ä The Electronic Frontier Foundation The Electronic Frontier Foundation ä Center for Democracy and Technology Center for Democracy and Technology l Media and discussion ä Wired Magazine Wired Magazine ä Slashdot Slashdot l Databases of information and laws ä Lexis/Nexis Lexis/Nexis ä Thomas Thomas l Social issues in Computer Science ä Computer Professionals for Social Responsibility Computer Professionals for Social Responsibility