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Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno
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Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Dec 22, 2015

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Page 1: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Intellectual Property

Chapter 4

Taylor Holt

Isuru De Silva

Sonia Panameno

Page 2: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

What is intellectual property...?

Definition:- Any Product of human intellect that has a commercial value

Ex;- Books, Songs, movies, paintings, inventions, chemical formulas, computer programs.

Page 3: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Locke's Theory of Natural Property rights... Arguments:

People have a right to property in their own person; nobody has a right to person of anybody else.

People have a right to their own labor for their own benefit

People have a right to things they removed from nature through their own labor

Page 4: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Locke's Theory of Natural Property rights (Cont...)

Conditions:Someone should not claim more

property than he/she can use

QuestionsIs there a natural right to intellectual

property..?

Page 5: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Protecting Intellectual Property

Trade Secrets Trade Marks Patents Copyrights

Page 6: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Trade Secrets

DefinitionConfidential Piece of intellectual property that provides company with competitive advantage Ex:- Formulas, Processes, Property design,

Strategic plans Advantage

Never Expires Disadvantage

Perfectly Legal to “reverse engineer” & produce similar product.

Competition can hire other companies employees with confidential info.

Page 7: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Trade Marks

Definition:Word, symbol, picture, sound, color, smell by business to identify goods.

Advantages: Establish Brand name familiar the

customers Gain confidence in the product

Disadvantages: Trademarks can become genetic Ex:- yo-yo, aspirin, escalator,

thermos, XEROX

Page 8: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Patents

Definition

Public document providing detailed description of invention

Prevents others from making, using, or selling invention for lifetime of patents

After expiration, anyone has a right to make use of its ideas Ex:-Polaroid vs. Kodak

Page 9: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Copyrights

DefinitionCopyright is how the U.S government provides authors with certain rights to original works that they have written.

The author of the copyright has rights to his material in 5 ways 1. The right to reproduce the copyright work 2. The right to distribute copies of the work to the

republic 3. The right to display copies of the work to the public 4. The right to perform the work in the public 5. The right to produce new derived from the

copyrighted work

ex:- Basic Books vs Kinko's Graphics Corporation

Page 10: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Fair Use

The copyright owner has a limited right to reproduce a work.

In special circumstances, called fair use, it is legal to reproduce a copyrighted work without permission of the copyright holder

Page 11: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Examples of Fair Use

Citing short excerpts from copyrighted works for the purpose ofTeachingScholarshipResearchCriticismCommentaryNews Reporting

Page 12: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

The United States Copyright Act and fair use

The judicial system decided what was fair use

Section 107 of the Copyright Act lists four factors that helps with deciding if its fair use

Page 13: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Four Factors of Fair Use

What is the purpose and character of the use?An educational use is more likely to be

permissible than commercial use What is the nature of the work being

copied?Non-fiction preferred over fictionPublished preferred over unpublished

Page 14: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Factors Of Fair Use (Cont’)

How much of the Copyrighted work is being used? Brief excerpts preferred over entire chapters

How will this use affect the market for the copyrighted work? Out-of-print preferred over readily available

work Spontaneously chosen selection preferred

over an assigned reading in the course syllabus

Page 15: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Fair use Example #1

A professor puts a few journal articles on reserve in the library and makes them assigned reading for the class. Some students in the class complain that they cannot get access to the articles because other students always seem to have them checked out. The professor scans them and posts them on his Web site. The professor gives the students in the class password they need to access the articles.

Page 16: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Fair Use Example #2

An art professor takes slide photographs of a number of paintings reproduced in a book about Renaissance artists. She uses the slides in her class lectures.

Page 17: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Fair use Applied

Sony v. Universal City StudiosTime shifting

RIAA v. Diamond Multimedia Systems Inc.Space shifting

Page 18: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Protections for Software

Page 19: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Software copyrights

First software copyrights were applied for in 1964

The Copyright Act of 1976 explicitly recognizes that software can be copyrighted

Page 20: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

When a piece of software gets copyright protectionwhat exactly is copyrighted? Protects the expression of an idea, not the

idea itself

Usually protects the object (executable) program, not the source program Source could be considered a trade secret

Protects the screen displays produced by the program as it executes

Page 21: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Doing any of the following is a violation of copyright law

Copying a program onto a CD to give or sell to someone else

Preloading a program onto the hard disk of a computer being sold

Distributing a program over the Internet

Page 22: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Software Patents

Until early 1980s U.S. Patent and Trademark Office refused to grant patents for computer software

Argued that a computer program is a mathematical algorithmnot a process or a machine

Page 23: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Needed to sort out applications merely describing mathematical algorithms from those describing inventions

•If the software simply manipulates values it is an expression ofa mathematical algorithm and should not be patented

•If the software manipulates data representing measurements made in the

real world it is more likely to be a patentable invention

Because so much software was written before software patents were first granted patent examiners issued many “bad patents”

•Can lead to increased legal costs for software companies

•Existence of bad patents makes software patents in general more suspect

Page 24: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Safe Software Development

Unconscious copying is a concern in software because programmers frequently move from one firm to another

One possible solution: A “clean room” development strategy

Page 25: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

“Clean Room” Software Development Strategy

Helps ensure a company’s program does not duplicate any code in another companies product

Two independent teams work on the project: First team responsible for determining how competing product

works Produces a technical specification for the software product Says nothing about how to implement the functionality

Second team is isolated from first team Never seen any code or documentation from competing

product Relies solely on the technical specification to develop, code,

and debug the software meeting the specification

Can demonstrate employees have not copied code, even unconsciously

Page 26: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Open Source Software

Into the 1960s software distributions included source code

In 1970s the number of computer applications expanded

To protect investments in software most companies made their programs proprietary

Companies developing proprietary software tightly control distribution of their intellectual property

Treat source code as a trade secret, only distributing object code

Do not sell object code, sell a license allowing customer to run the program

Page 27: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Consequences of Proprietary Software Governments give ownership rights because of the perceived

beneficial consequences Ability to profit from licensing of software makes people work

harder and be more creative

Granting intellectual property rights to creators of computer software has harmful consequences

Copyright system was designed in an era when it was difficult to create copies

• To enforce copyrights increasingly harsh measures are being taken which infringe on liberties

Purpose of system is to promote progress, not make people wealthy

Forces user to choose between respecting ownership rights and helping their friends

Page 28: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Open Source Movement

The Philosophical position that source code to software ought to be freely distributed and that people should be encouraged to examine and improve each other’s code

Promotes a cooperative model of software development

Open Source An alternative way of distributing software

Page 29: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Open Source licenses have key characteristics

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 program

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

Page 30: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Benefits of open source software

Gives everyone using a program the opportunity to improve it

Newer versions of open-source programs appear much more frequently

Eliminates the tension between obeying copyright law and helping others

The property of the entire user community, not just a single vendor

Shifts the focus from manufacturing to service, which can possibly create better support for their software

Page 31: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Critiques of open-source software If an open-source project does not attract developers,

the overall quality can be poor

Possibility that different groups will independently make enhancements to a software product that are incompatible with each other

Tend to have relatively weak user interfaces, making them harder to use than commercial software products

Poor mechanism for stimulating innovation Has proven able to produce alternatives to proprietary

programs, but not to innovate completely new products

Page 32: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Legitimacy of Intellectual Property Protection for Software Should we as a society give copyright

and/or patent protection to software? Rights-Based arguments Consequentialist arguments

Page 33: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Rights-Based Analysis

Yes, programmers should get control of who uses their programs

Variation of Locke’s natural rights argument

Page 34: Intellectual Property Chapter 4 Taylor Holt Isuru De Silva Sonia Panameno.

Utilitarian Analysis

Chain Links of consequentiality Strength of the links How does it affect society