Intellectual Property n Based on... –Argonne National Laboratory presentation by Keith Miller, 10/29/96 –Property Rights in Computer Software, Deborah.

Intellectual PropertyIntellectual Property

Based on...Based on...

– Argonne National Laboratory Argonne National Laboratory presentation by Keith Miller, presentation by Keith Miller, 10/29/9610/29/96

– Property Rights in Computer Property Rights in Computer Software, Software, Deborah JohnsonDeborah Johnson

– A Gift of Fire,A Gift of Fire, Sarah Baase Sarah Baase

Two commentsTwo comments

One of the most interesting computer ethics One of the most interesting computer ethics issues with respect to relationship between issues with respect to relationship between legality and moralitylegality and morality

John Rawls’ concept of a “veil of John Rawls’ concept of a “veil of ignorance” is very relevant here.ignorance” is very relevant here.

What’s different?What’s different? Storage of text, sound & graphics in Storage of text, sound & graphics in

standardized formatsstandardized formats High-volume, inexpensive digital storage High-volume, inexpensive digital storage

mediamedia Scanners easily convert from printed to Scanners easily convert from printed to

digital formdigital form Compression techniquesCompression techniques Ease of copying & distributingEase of copying & distributing World Wide WebWorld Wide Web Peer-to-peer technologyPeer-to-peer technology

Legal protection mechanismsLegal protection mechanisms

Trade secretsTrade secrets CopyrightCopyright PatentPatent

Trade SecretTrade Secret

Hide what you want to protectHide what you want to protect Lasts as long as you can pull it offLasts as long as you can pull it off Does not protect against independent Does not protect against independent

developmentdevelopment

Copyright (1)Copyright (1)

Original law passed in 1790Original law passed in 1790– Books, maps, chartsBooks, maps, charts

Revised in 1909Revised in 1909– Photography, sound recording, movies addedPhotography, sound recording, movies added

Revised again in 1976 to cover softwareRevised again in 1976 to cover software– Protected computer databases and programsProtected computer databases and programs

» Deals with the “expression” of an algorithm, Deals with the “expression” of an algorithm, not not the the actual algorithmactual algorithm

Continual revisions up through 1998Continual revisions up through 1998– DMCADMCA

Copyright (2)Copyright (2)

Lasts 50-70 years after your deathLasts 50-70 years after your death Almost automatic; always inexpensiveAlmost automatic; always inexpensive The “fair use” doctrine provides a The “fair use” doctrine provides a

relaxation of the rules…relaxation of the rules…

Fair Use Fair Use (Samuelson, CACM)(Samuelson, CACM)

Four factors to consider:Four factors to consider:– Purpose & nature of usePurpose & nature of use

» E.g., commercial or nonprofitE.g., commercial or nonprofit

– Nature of copyrighted workNature of copyrighted work» E.g., creative or factualE.g., creative or factual

– The amount & significance of the portion The amount & significance of the portion usedused

– The potential effect on the market value The potential effect on the market value of the originalof the original

DMCADMCA

In 1998, Congress passed a law prohibiting In 1998, Congress passed a law prohibiting the making, distributing or use of tools to the making, distributing or use of tools to circumvent technological copyright circumvent technological copyright protectionprotection

Controversial anti-circumvention clauseControversial anti-circumvention clause

PatentPatent

Gives a monopoly on the use of your Gives a monopoly on the use of your inventionsinventions

Developed to foster progressDeveloped to foster progress– Abstract ideas, mathematical algorithms, Abstract ideas, mathematical algorithms,

scientific principles are all excluded from scientific principles are all excluded from patent protectionpatent protection

Lasts 17 years (with an extra 5 years in Lasts 17 years (with an extra 5 years in extraordinary circumstances)extraordinary circumstances)

Proving novelty is difficult; can be costlyProving novelty is difficult; can be costly

Some criticismsSome criticisms Trade secrecyTrade secrecy

– Society can be kept in the dark, theoretically, Society can be kept in the dark, theoretically, forever.forever.

CopyrightCopyright– Software ideas may not be well protected.Software ideas may not be well protected.– DMCA is fraught with problemsDMCA is fraught with problems

» Criminalizes use of devices with legitimate Criminalizes use of devices with legitimate purposes, conflicts with freedom of speechpurposes, conflicts with freedom of speech

PatentPatent– Monopoly of common knowledge or obvious Monopoly of common knowledge or obvious

ideas can be stifling.ideas can be stifling.

Some competing philosophiesSome competing philosophies

Locke’s Labor Theory of propertyLocke’s Labor Theory of property– You own something because you mix your You own something because you mix your

labor with itlabor with it Utilitarian argumentUtilitarian argument

– Choose laws that produce the greatest good for Choose laws that produce the greatest good for the most peoplethe most people

Rawlsian argumentRawlsian argument– What rules would you set if you didn’t know What rules would you set if you didn’t know

your relationship to them?your relationship to them?

A scenarioA scenario

Earl Eniac develops a virus tester and Earl Eniac develops a virus tester and makes it available free on the Internetmakes it available free on the Internet

Jake Jasper gets a copy, makes some Jake Jasper gets a copy, makes some improvements and starts selling itimprovements and starts selling it

Earl Eniac buys a copy of Jake’s package Earl Eniac buys a copy of Jake’s package and posts it on the Internetand posts it on the Internet

What’s right? What’s wrong? Justify your What’s right? What’s wrong? Justify your answersanswers

Some introspectionSome introspection

Do you believe in software property Do you believe in software property rights?rights?

Have you always acted according to Have you always acted according to these beliefs?these beliefs?

Does your ethical stand change when Does your ethical stand change when your role changes? Does your your role changes? Does your behavior?behavior?

In the workplaceIn the workplace

SXU owns the computer in my office.SXU owns the computer in my office. Who owns my e-mail?Who owns my e-mail? Who owns my notes & papers?Who owns my notes & papers? Who owns my programs?Who owns my programs? Does ownership of hardware imply Does ownership of hardware imply

ownership of the bits stored in it?ownership of the bits stored in it?

The InternetThe Internet

Is it more like a newspaper, a book or a Is it more like a newspaper, a book or a television show?television show?

Who is responsible for the content of a Who is responsible for the content of a Web page? Who is responsible for its Web page? Who is responsible for its dissemination?dissemination?

I link my home page to yours; did I I link my home page to yours; did I copy?copy?

Miscellaneous questionsMiscellaneous questions

Is it OK to use a copy of a program for an Is it OK to use a copy of a program for an hour to decide if I should buy it? a day? a hour to decide if I should buy it? a day? a month?month?

Is it OK to copy a Web page, make some Is it OK to copy a Web page, make some changes and post the changed page? Is it changes and post the changed page? Is it OK if I include acknowledgements?OK if I include acknowledgements?

Is it OK to use a company machine after Is it OK to use a company machine after business hours to develop software I will business hours to develop software I will sell on my own?sell on my own?

Richard Stallman...Richard Stallman...

Development of software should Development of software should not not be be linked with owners who can restrict the use linked with owners who can restrict the use of it.of it.

We must compare the value to society of a We must compare the value to society of a restrictedrestricted program with that of the same program with that of the same program, available to everyone.program, available to everyone.

Software owners typically argue against this Software owners typically argue against this view on emotional & economic grounds. view on emotional & economic grounds.

Stallman ctd...Stallman ctd...

Having “toll booths” for useful Having “toll booths” for useful software programs costs society dearly. software programs costs society dearly. It makes the software: It makes the software:– more expensive to constructmore expensive to construct

– more expensive to distributemore expensive to distribute

– harder to useharder to use

Stallman ctd...Stallman ctd...

When software is proprietary:When software is proprietary:– Fewer people use itFewer people use it

– None of the users can adapt or fix itNone of the users can adapt or fix it

– Other developers cannot learn from the Other developers cannot learn from the code or base new work on itcode or base new work on it

Nissenbaum...Nissenbaum...

The “strong no-copy view” The “strong no-copy view” emphasizes the moral claims & emphasizes the moral claims & interests of software producers; it interests of software producers; it ignores those of the end-user.ignores those of the end-user.

There are There are morally compelling factors morally compelling factors that motivate many acts of software that motivate many acts of software copying.copying.

Digital musicDigital music

NapsterNapster– Built a website that facilitated peer-to-Built a website that facilitated peer-to-

peer audio file transferpeer audio file transfer

– Side-stepped the artist and recording Side-stepped the artist and recording studiosstudios

– Is it wrong? Does it deny artists and Is it wrong? Does it deny artists and recording studios a living?recording studios a living?