1(#total) cs5038 the electronic society intellectual property: basics and digital media copyright...

1(#total)

CS5038 The Electronic SocietyIntellectual Property: Basics and Digital Media Copyright

Outline

• Some terminology and orientation

• Copyright and its history

• The technology versus law arms race

• A range of topics: The cost of P2P The Digital Millennium Copyright Act (DMCA) How to identify IP ownership online The Digital Economy Bill in the UK

Note: This lecture is based on earlier lectures written by Brian Byrne, Eddie Wong, Chris Walker and Matt Kennedy. Later modifications by several others.

2(#total)

Intellectual PropertyA term referring to creations of the mind, for which a

set of exclusive rights are recognized --- and the corresponding fields of law

Under IP law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols and designs.

Common types of intellectual property rights (IPR) include copyrights, trademarks, patents, industrial design rights and trade secrets (depending upon jurisdictions).

All of this is paraphrased from http://en.wikipedia.org/wiki/Intellectual_property .

3(#total)

Reasons for Intellectual Property• Natural Rights/Justice Argument: Person has the

right over their labour, and the products of such, and also have similar rights over their ideas.

• Utilitarian Argument: makes society more prosperous.

• Personality Argument: ideas are an extension of oneself and one’s personality.

All of this is paraphrased from http://en.wikipedia.org/wiki/Intellectual_property .

4(#total)

Reasons for Intellectual Property``Countries have laws to protect intellectual property for

two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development.’’

http://www.wipo.int/export/sites/www/about-ip/en/iprm/pdf/ch1.pdf

The World Intellectual Property Organization. Established by a treaty of the. UN.

5(#total)

Controversial• Some people reject the term `intellectual property’.

• For example, Stallman says that confusing the different types of IP causes confusion about the rights associated with each.

• Very widely used though.

• Fast-moving and very complicated area of law.

6(#total)

Public DomainWorks are in the public domain if the intellectual

property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all. Examples include the English language, the formulae of Newtonian physics, the works of Shakespeare and Beethoven, and the patents on powered flight.

http://en.wikipedia.org/wiki/Public_domain

7(#total)

Copyright ©“Exclusive rights regulating the use of a particular

expression of an idea or information”

Creative works, for example:

- poems, theses, plays, and other literary works,

- movies, choreographic works (dances, ballets, etc.),

- musical compositions, audio recordings, paintings,

- drawings, sculptures, photographs, software,

- radio and television broadcasts

Digital Media:

- eBooks, MP3 music, DivX video, digital photos, musical scores

8(#total)

Copyright HistoryPrinting Press − Johannes Gutenberg − 1447

[With metal, movable type.]

Similar printing technology

known in Korea and China

by c. 1234.

[Comparison:

Columbus reaches USA 1492,

Aberdeen Uni. 1495]

9(#total)

The Statute of AnneShort title: Copyright Act 1709

Long title: "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned’’

• Generally considered to be the first fully-fledged copyright law.

• Replaced the monopoly enjoyed by the Stationers’ Company (The Worshipful Company of Stationers and Newspaper Makers,

www.stationers.org).

• Company members would buy manuscripts from authors. Once purchased, they have perpetual monopoly on the printing of the

work Authors themselves were excluded from membership in the company Could not therefore legally self-publish Given no royalties for books that sold well.

10(#total)

The Statute of AnneThe statute of Anne vested authors rather than printers with the

monopoly on the reproduction of their works.

Time Limits Books already printed:

Copyright owner has exclusive right of publishing it for 21 years. Works not yet published:

Exclusive right to publish for 14 years from the time of first publication Right could be extended by an author for another 14 years.

Territorial loopholes Did not extend to all British territories Unintended consequence: many reprints of British copyright works were

issued both in Ireland and in North American colonies

11(#total)

Later U.K. Copyright Laws• Statute of Anne replaced by Copyright Act 1842. Protection covered

author’s life plus seven years, (or longer if author died soon after publication).

• Replaced by Imperial Copyright Act 1911. Consolidation, internationalisation, tech. developments (sound).

• Copyright Act 1956. Expansion, internationalization and tech. catch-up.

• Copyright, Designs and Patents Act 1988. Life + 70, or 70 after public. • Where we currently are, with some later tweaks, e.g.

• The Copyright and Related Rights Regulations 2003. Transposes the EU Copyright Directive into UK law. E.g. changes to 1988 to accommodate the internet. Internet transmissions not all ``broadcasts’’. Particular protections for software producers, and particular technological infringements defined.

• UK IP Office http://www.ipo.gov.uk/

12(#total)

Other Countries• Many countries have similar looking ideas behind their

copyright laws (to the non-specialist)

• e.g. United States Code, Copyright Act of 1976, http://copyright.gov/title17/

The Berne Convention 1886 - signatories to recognize the copyright of works of authors from other signatory countries.

13(#total)

UK and Electronic Information

Copyright protects the independent expression of an idea. Not the idea itself.

•Software counted as a `literary work’.•Books, papers.•Certain broadcasts, cable and satellite transmissions.•Recordings of music, films etc.

Specific exemptions and permitted acts, some limited, e.g. percentage that can be re-used for educational purposes.

Content of databases can sometimes be protected: `substantial investment’. Does not prevent others producing similar databases.(The Copyright and Rights in Databases Regulations 1997, in line with the EU Database Directive)

14(#total)

Punishments

•Some infringements of copyright handled by civil law: deals with disputes between individuals and organization, and awards compensation.

•Some handled by criminal law: deals with behaviour prohibited by state to protect the public etc. Punishes offenders.

• In the UK, roughly applies to cases where there has been commercial dealing of material that breaches copyright.

15(#total)

Sociological theories

Why do individuals commit breaches of copyright?

Criminologists and sociologists very interested in this. Like to talk about:

Self Control theory: individuals who have been subject to a poor upbringing or early environment are unable to resist temptations.

Differential Association: hanging out with the wrong crowd.

Social Learning Theory: Learn `deviant’ behaviours via diff. association, attitudes, diff. reinforcement and punishment, and imitation of peers.

Moral Beliefs: normative constraints (obligations) independent of usefulness (noninstrumental).

16(#total)

Various Issues with CopyrightOrphaned works Difficult or impossible to contact the copyright holder Causes difficulty for anybody seeking to use/build on work

Separation of Economic and Moral Rights Owner and author can be different. Owner has economic rights, but

author still has moral rights, e.g.: Not to have the work altered or destroyed without consent. Right to be attributed as the author of the work (UK) a privacy aspect – e.g. you own your personal photographs. Monty Python (comedy) relied on moral rights in 1975:

Legal proceedings against American TV network ABC for airing re-edited versions of Monty Python's Flying Circus.

Provisions for the handicapped In U.S. provision for reproduction of material for the blind or other

persons with disabilities. Permits reproduction in Braille, audio. electronic, Web-Braille, etc.

17(#total)

Arms Race? Law versus Technology

• Before the Printing Press was invented it was to costly “pirate” someone else’s work.

• Printing press allows cheap copies.• Licensing Act in 1662 in England which protected

printers against piracy.• Laws strengthened over time to catch up with

technology – home recording etc.• Stronger law gives stronger protection.• More powerful reproduction technology can make

protection often more difficult IP creators unable to claim economic benefitLarge part of incentive to create lostOverall, bad for society (?)

• Technological countermeasures: Digital Rights Management, watermarking, tracking P2P.

18(#total)

What is P2P?Peer-to-peer (P2P): computing or networking is a distributed application

architecture that partitions tasks or work loads between peers. Peers are equally privileged, equipotent participants in the application. They are said to form a peer-to-peer network of nodes. (See Wikipedia.)

Peer-2-Peer Internet technology Largely used for unlawful file-sharing Widespread sharing of files, music, etc Growing problem as broadband uptake is increasing

Peer to Peer file sharing – e.g., Napster, gnutella, … Many forms of p2p

BitTorrent, … Peer-2-Mail (exploits webmail, more secure) Instant Messaging Services, e.g. MSN Messenger

Characteristics: User interface loads outside of Web browser

(Standard p2p client) User computers can act as clients and servers

Audio Galaxy, Imesh or Morpheus MusicCity Financed by adware/spyware (removal - lavasoft.de)

19(#total)

BitTorrent• Has rapidly grown into very powerful & popular p2p technology

Greater speeds

Ease of uploading files

Easier to manage downloads

Downloading larger files possible(typical movie is 700MB in DivX)

• No search, download ‘.torrent files’ then run on BT client

• In 2006, 53% p2p traffic is BitTorrent …

• In 2006, 30% of all internet traffic …

• http://arstechnica.com/web/news/2009/02/internet-traffic-report-p2p-porn-down-games-and-flash-up.ars

• ISPs have to throttle p2p connections to control congestion.

• Major security problem. Individuals receive trojan in torrent download. Want to keep secret.

20(#total)

Effects• CD sales have fallen since 1999 when Napster started

P2P craze. • Between 2000 and 2002 CD sales fell by 139 million

copies.• Musicland: major US music retailer bought by BestBuy in

2000 for $696 million, sold for $1 in 2003

• iTunes is all-conquering … imitators pile in • Recent years have seen major concerns from the music

industry

• Digital Economy Act in the UK: Track down infringers, block or throttle their internet connections, sue; removal of presumption of innocence!

21(#total)

Who does it affect?Artists

Lost royalties/profitsHarder for new artists

Record companies, movie production studios, publishers, software houses, etcLost revenues Increased security and legal costs

EmployeesRedundancies due to store closures, cut-backs, etc

Users?Favourite artists dropped by labelHoles in Firewall -> Computer exposedViruses, worms, etcSpyware, adware

22(#total)

Remedies

Lawsuits Recording Industry Association of

America (RIAA) issued thousands Fear P2P illegal file-sharing is hard to govern since no specific

laws

BitTorrent tracker sites closure Some sites closed – but new ones spring up

Media Defender Developed technologies where copyright owners can plant

decoy files to annoy downloaders Downloaders working for less than minimum wage

Overpeer Discourages p2p file-sharing by using advertisements Provide information on where to buy the CD, movie, etc

and even provide samples

23(#total)

Arguments for P2PLegitimate uses of p2p

NASA – to distribute cache on BitTorrentFree software and open source software

Online multiplayer games – huge business

iTunes & NapsterOnline music download stores

Selling music online Reduced overheads costs Reduced production costs No distribution, packaging, etc Redundancies: Less staff needed

24(#total)

Summary97-98% of traffic in P2P is unlawful*

60% internet traffic is P2P*

Every month on average 3.6 billion music downloads

Some people losing out (some gaining).

It’s hard to combat

* These figures are changing rapidly.

25(#total)

Are New Laws Required to Protect Copyright

(in Light of Digital Media Internet Etc) or Have Some Laws Gone Too Far?

– Based on Notes by Brian Byrne

26(#total)

World Intellectual Property Organization (WIPO)

The World World Intellectual Property Organization is a United Nations agency.

Setup in 1967 to

“encourage creative activity, to promote the protection of intellectual

property throughout the world”

Currently 182 member states are a member of the WIPO.

27(#total)

EU Copyright Directive (EUCD); Digital Millennium Copyright Act (DMCA)

Member states signed The World Intellectual Property Organization (WIPO) treaty in 1996.

Signing countries promised to implement these treaties in law .

So the DMCA is the American implementation of the WIPO treaty.

There is a European version called the European Union Copyright Directive (EUCD). Very similar.

The DMCA Covers many areas: We focus on the “Anti Circumvention” provisions of the

law.

28(#total)

Summary of Anti Circumvention Provisions

Prohibits

1. The act of circumventing technological protection systems.

2. Manufacture of devices / software that allow the circumvention of access control or copy controls.

3. Publishing methods to circumvent a protection system. (e.g., publishing source code).

Allows

1. Circumvention/cracking for research purposes.

2. In certain circumstances non-profit organizations and libraries can circumvent.

29(#total)

Why was the DMCA requiredThe circumvention provisions of the act were mainly

intended to stop “black box” descramblers used to give free cable TV.

Pressure from entertainment industry.

“Arms race” between technology and Intellectual Property law.

30(#total)

Do we need these new laws?Computers make perfect and cheap copies of digital

media.

Its difficult to catch pirates because of anonymous nature of the internet.

Cyberspace offers the worst of both worlds for IP owners

“place where the ability to copy could not be better and where the protection of law could not be worse “

(Lessig).

31(#total)

However … • Technology gives control to IP owners.• Technology can control how we can consume / use IP.

• User has lost traditional rights (fair use, read a book as many times as you like, lend it to a friend, sell it …)

• But can’t do this with copy protected electronic books – O’Reilly Safari book shelf

• Napster subscription based music – stops working when subscription ends.

• DVDs region encoded. (Bought in another country can’t use on your machine).

Perfect control to IP owners. In the past organisations were only given “exclusive rights” for

limited time If no time limit on monopoly – no incentive to improve

32(#total)

No balance of power between user and IP owner

The DMCA and protection technology give total control to IP owner.

No provision to preserve the traditional rights of consumers.

If a user wants to regain these rights they must break the law. (circumvent)

33(#total)

Breaking the Law: Circumvention

DVDs are encrypted by the Content Scrambling System (CSS).

Technically, it is illegal to watch a DVD on a Linux system (all DVD players must apply for a licence). (DMCA/EUCD)

Motion Picture Association of America (MPAA) refused to grant a license to the open source project LiVid - Jon Lech Johansen cracked it

Jon Lech Johansen (aka DVD Jon) tried and retried in Norway for his involvement in writing DeCSS, acquitted both times.

34(#total)

Is the DMCA Suppressing Free Speech?

Many websites published DeCSS – MPAA wanted to suppress it and sent subpoenas to the web sites saying they were contravening DMCA

The “Hacker magazine” 2600 for refusing to remove DECSS source code from its website (circumvents DVD encryption system).

They were Aided by the Electronic Frontier Foundation (EFF) – but stopped short of US supreme court.

Legitimate uses for DeCSS Fast forward / Remove advertisements Remove region encoding Time Warner: Local laws impose censorship regulations Aids governments around the world in censoring the media their residents

can view DMCA makes it a crime punishable in US to circumvent censorship laws of

dictatorships worldwide

35(#total)


Security text book author states he is afraid of printing methods for circumventing DVD encryption.

36(#total)


Dmitry Sklyarov a Russian PhD student was arrested in California after giving a presentation on eBook's Security protection.

Circumvented Adobe’s eBook -> PDF Only worked with legally purchased copies

Legitimate uses Also allowed illegal copying

Crow bar

Is it illegal to own or buy one? Many legitimate uses ‘Going equipped to steal’ is an offence in UK law

37(#total)

38(#total)

Researchers Scared of Court Cases

Edward Felton a Princeton University professor –

$10,000 challenge to remove Secure Digital Music Initiative (SDMI) watermarks

Published paper – legal action threatened but judge dismissed case

Institute of Electrical and Electronics Engineers (IEEE) introduced a policy “requiring all authors to indemnify IEEE for any liabilities incurred should a submission result in legal action under the DCMA”

After outcry – removed clause

39(#total)

Conclusion

• Copyright law needed to “to promote the progress of science and useful arts”.

• The DMCA is being misused:• Suppresses free speech.• Stifles innovation – researchers scared to publish

work.• Denies traditional rights such as fair use. And requires

us to break law to reclaim those rights.

40(#total)

Identifying Intellectual Property Ownership Online. Why and How?

Based on Lecture Notes by Matt Kennedy

41(#total)

IntroductionThe need for a universal system to identify IPR

ownership

Existing solutions DOI (Digital Object Identifiers) Watermarking

Future

42(#total)

The Digital Effect

International borders crumblingSome treatiesBut IPR still vulnerable

Digital distribution – more broadband

Main source of revenue

43(#total)

The Music Universe today

Producer

Promoter

Lawyer

Manager

Account.

Agent

Business ServiceBusiness Service

PRS 1999

Collection SocietiesCollection SocietiesRepresentationRepresentation

SongwriteSongwriterr

ComposerComposer

Owners public places where

performances of music take place:

pubs, concert halls, hotels..

Film & Video

Company

PRSPRSPerformancePerformance

RightsRightsSocietySociety

Owners of theatres &

operas houses

Grand Rights

TV & Radio broadcasters,

satellite & cable operators

Overseas usage:Live, Broadcast

and Synchronisation

MP

A

BM

R

PublisherPublisher

TV & radio broadcasters,


MCPSMCPSPerformancePerformance

RightsRightsSocietySociety

Operators telephone line

Supplying music services

Audio& Video Jukeboxsuppliers

Overseas Mechanical

Income

Computer manufacturers

Games& musicnovelties

RecordCompani

es

Users of library &

background music

Retailers:Sheet Music

Sales

Overseas sub-

publishing,Licences &

Mech. Rights

Film&VideoCompanies:Synchron. licences

MUMUMusicians’

Union

BritishBritishAcademy of Academy of Composers Composers

& & SongwritersSongwriters

USA:ASCAP/

BMI/SESAC

Europe:GEMA/SACEM/BUMA

Rest:APRA/

JASRACEtc.

££

£

£

£

£

£

££

£

£

££

£

£

£

££

£

£

£

BMR

££

£

VideoCompani

es

£




performances of music recordings

take place: pubs, hotels,

shops, etc.

VPLVPLVideo Video

Performance Performance LimitedLimited

£

£

£

£

Video Juke Box Suppliers


performances of music videos take place: pubs,clubs,

discos, etc.

Music Mall Division of VPL Providing clip

sourcing duplication &

clearance

Licensees for recording

compilations & oversees exploitation

£

£

BP

I AIM

RECORD RECORD

COMPANYCOMPANY

AURAAURAAssociation of Association of

United United Recording Recording

ArtistsArtists

ARTISTARTIST

PAMRAPAMRAPerforming Arts Performing Arts

Media Rights Media Rights AssociationAssociation

£

£

County & Borough Council

Juke Box Suppliers



PPLPPLPhonographic Phonographic Performance Performance

LimitedLimited

£

£

£

£

Distributors & Retailers

£

£

£

£

MUMUMusicians

Union

Overseas Performance License

EQUITYEQUITY

ISMISMIncorporate Incorporate Society of Society of MusiciansMusicians

Collection AgenciesCollection Agencies RepresentationRepresentation

£

£

£

44(#total)

Licensing Pain

Creator Producer Manufacturer Distributor Retailer Consumer

Music IPR Licensing

Retail CD

Licensing pain

45(#total)

New communication gap

Licensing Painnot just who owns IPR, but who owns license


Music IPR Licensing


Music IPR Licensing

How can he sell?, where?, what DRM?

Retail CD

On-line

Licensing pain

Licensing pain

46(#total)

Digital Object Identifiers

• DOIs – handle, track content• Persistently associate metadata with digital objects• Easily access by prefixing http://dx.doi.org• XML used to store metadata• Drawback - hard to find DOI for some content

• no search facility• Good for static IPRs• Poor for dynamic IPRs and offline content –

need regular updates

48(#total)

The Way Forward?• DOIs provide a good framework for

identifying some types of IPR

• Need:SearchData integration and government

cooperationContract management integration –

automatic updates

• Always going to have to employ different methods

49(#total)

`Information wants to be free’

?

More next time.

1(#total) cs5038 the electronic society intellectual property: basics and digital media copyright...

Documents