Slide 1Slide 2Slide 3Slide 4Slide 5Slide 6Slide 7Slide 8Slide 9Slide 10Slide 11Slide 12Slide 13Slide 14Slide 15Slide 16Slide 17Slide 18Slide 19Slide 20Slide 21Slide 22Slide 23Slide 24Slide 25Slide 26Slide 27Slide 28Slide 29Slide 30Slide 31Slide 32Slide 33Slide 34Intellectual PropertyBy Thomas KafalasWhat is Intellectual Property?What is Intellectual Property?Any unique product of the human intellect that has commercial valueIncludes songs, movies, books, art, computer programs, video games, etcTrademarksA word, symbol, picture, or sound used to identify goods from a certain businessSome trademarks become generic (yo yo, asprin, escalator, etc.)CopyrightsHow the government provides an inventor with an exclusive right to a piece of intellectual property. Such rights include:• Right to reproduce the copyrighted work• Right to distribute copies of the work to the public• Right to display copies of the work in public• Right to perform the work in public• Right to produce new works derived from the copyrighted workCopyrights Copyright Act of 1976 explicitly recognized that software can be copyrighted Copyright protects the expression of the idea, not the idea itself Copyright protects the executable program, not the source programPatentsU.S. Government's way of providing an inventor with an exclusive right to a piece of intellectual propertyPatents are in the public domain and provide detailed descriptions of the inventionsApple's patent for cover flowPatentsPatents expire 20 years after the filing dateSoftware patents didn't exist until 1981−Diamond v. Diehr – Supreme Court ruled that an invention related to curing rubber could be patented though the principal innovation was using a computer to control the heating.Software can only be patented if it manipulates data representing values in the real worldTrade SecretsConfidential piece of intellectual property that provides a company with a competitive advantageTrade secrets never become public domainCompanies can treat source code as a trade secretFair UseWhen circumstances allow the reproduction of a copyrighted work without the permission of the copyright holder (cited excerpts, news reports, etc)Fair UseCommercial nature vs non-profit educational purposes, Preamble purposes (criticism, comment, reporting, teaching, research), Degree of transformationFair UseSome intellectual property is more deserving of protection than othersFair UseAmount takenQuality of utilized workRatio of amount taken to utilizing work (no more taken than necessary)Fair UseHarm done to the (potential) marketIncludes harm done to derivative worksAudio Home Recording Act of 1992Protects the rights of consumers to make copies of analog or digital recordings for personal, non-commercial useNo Electronic Theft Act1994 – MIT student named David LaMacchia posted copyrighted software on a public bulletin board on a university computerProsecutors were forced to drop charges because the programs were available for freeCongress passes act to make it a criminal offense to reproduce or distribute more than $1000 worth of copyrighted material in a six month periodDigital Millennium Copyright ActIllegal for users to circumvent encryption schemesIllegal to sell software programs designed to circumvent copyright controlsOnline service providers that misuse copyrighted material face penaltiesExtends copyright protection to music broadcast over the internetDigital Rights ManagementAny actions that owners of intellectual property may take to protect their workxkcd.comDRM Example: Sony BMG Music Entertainment2005 – Sony ships millions of CDs with Extended Copy ProtectionECP prevented users from ripping audio tracks into MP3 format and monitored user listening habits by installing a rootkit when the CD was first playedSony forced to cease production, make a patch available to uninstall the rootkit, allow customers to exchange their CDs, and offer $7.50 or 3 free album downloads for every CD with ECP that was exchangedDRM: Copyproof CDsPC CD drives use yellow book standards and will reread a block of bad bits until the data appears to be correctAudio CD players use red book standards and skip an bad bits they encounterCompanies deliberately plant bad blocks of data to prevent computers from reading the CDMidbar Tech's Cactus Data Shield, Sony's key2audio, SunnComm's MediaCloqDRM CriticismTechnology is bound to failCan undermine the principle of fair useRestrictions sometimes prevent libraries from reformatting materials to make them accessible to people with disabilitiesCan prevent people from anonymously accessing content−Windows Media Player has an embedded globally unique identifier and keeps track of the content the user views.Open Source•There are no restrictions preventing others from selling or giving away the software•The source code to the program must be included in the distribution or easily available by other means•There are no restrictions preventing people from modifying the source code, and derived works can be distributed according to the same license terms as the original programOpen Source• There are no restrictions regarding how people can use the software•These rights apply to everyone receiving redistributions of the software without the need for additional licensing agreements•The license cannot put restrictions on other software that is part of the same distribution (a program's open source license cannot require all other programs on a CD to be open source)Open Source ProgramsBenefits of Open SourceGives people the opportunity to improve the programNew versions appear much more frequentlyEliminates tension between obeying copyright law and helping othersPrograms are the property of the user communityShifts focus from manufacturing to serviceCriticisms of Open SourceIf the project doesn't attract many developers, the overall quality of the software can be poorThere is a possibility that different groups of users will independently make enhancements to a product that are incompatible with each otherTend to have relatively weak GUIsPoor mechanism for stimulating innovation. Companies develop new products because they are financially rewarded for themPeer to Peer Definition: transient network allowing computers running the same networking program to
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