IT OWNERSHIP

Principles, Laws and Cases

Responses to Copyright Infringement

Search Engines and Online Libraries

Free Software

Patents for Inventions in Software

Intellectual Property ?

  • Value of intelligence and artistic work comes from creativity, ideas, research. skills, labor and attributes the creator provides is protected by copyright and patent law.

Challenges of New Technology

  • Digital technology and the Internet make copyright infringement easier and cheaper.
  • Search engines make finding material easier.
  • Peer-to-peer technology makes transferring and sharing files easier.
  • New tools allow us to modify graphics, video and audio files to make derivative works.

Ethical arguments about copying

  • Copying or distributing a song or computer program does not decrease the use and enjoyment any other person gets from his or her copy.
  • Copying can decrease the amount of money that the copyright owner earns.

Ideas from the software industries

International piracy

Banning,suing and taxing

Digital Rights Management

  • Expiration dates within the software.
  • Copy protection that prevents copying
  • Activation or registration codes
  • Court orders to shut down Internet bulletin boards and Web sites.
  • Some countries do not recognize or protect intellectual property.
  • Countries that have high piracy rates often do not have a significant software industry.
  • Countries that have a high amount of piracy rates are exporting the pirated copies to countries with strict copyright laws
  • Ban or delay technology via lawsuits
  • Require that new technology include copyright protections
  • Tax digital media to compensate the industry for expected losses.
  • Collection of techniques that control uses of intellectual property in digital formats
  • Includes hardware and software schemes using encryption
  • The producer of a file has flexibility to specify what a user may do it.

Search Engines

  • Caching and displaying small excerpts is fair use
  • Creating and displaying thumbnail images is fair use
  • Google negotiaied licensing agreements with news services to copy and display headlines, excerpts and photos.
  • Trademarked search terms

Books Online

  • Project Gutternberg digitizes books in the public domain
  • Microsoft scanned millions of public domain books in University of California's library.
  • Some court rulings favor search engines and information access; some favor content producers
  • An idea advocated and supported by a large, loose-knit group of computer programmers who allow people to copy, use and modify their software.
  • Free means freedom of use, not necessarily lack of cost

In favor of software patents

  • Reward inventors for their creative work
  • Encourage inventors to disclose their inventions so others can build upon them
  • Encourage innovation

Against software patents

  • Patents can stifle innovation rather than encourage it
  • Cost of lawyers to research patents and risk of being sued discourage small companies from attempting to develop and market new innovations
  • It is difficult to determine what is truly original and distinguish a patentable innovation from one that is not