tts1133 : internet ethics and cyber law chapter five intellectual property

TTS1133 : INTERNET TTS1133 : INTERNET ETHICS AND CYBER LAWETHICS AND CYBER LAWCHAPTER FIVEIntellectual Property

CONTENTCONTENT Intellectual Property

◦ Intellectual property and changing technologyWhat is intellectual property Issues: competitive intelligenceCybersquattingProblems from new technology

◦ Copyright lawCopyright – a case exampleThe fair use policy

◦ Copying music, movies, software and booksFrom cd / floppies to the web

CONTENT (Cont..)CONTENT (Cont..)The napster caseSoftware piracyEthical argument about copying

◦ SolutionsTechnology, market and lawRestrictions and bans on technologyThe future of copyright

◦ Free software – issues on an open source◦ Issues for software developers

Copyright or patent

Ethics in Information Technology, Second Edition 4

What is Intellectual What is Intellectual Property?Property?

Term used to describe works of the mind, such as art, books, films, formula, invention, music and process that are distinct and that are ‘owned’ or created by single entity.

Copyright law ◦Protects authored works

Patent laws◦Protect inventions

Trade secret laws ◦Help safeguard information critical to an

organization’s success

Prepared By: Razif Razali 5

COPYRIGHTSCOPYRIGHTS

In the United States, the basis of copyright protection is presented in the U.S Constitution.

The body of legislation supporting constitutional provisions laws that elaborate on or expand the constitutional protections.

Copyrights are designed to protect the expression of ideas.◦ Purpose: to promote distribution of the work, therefore, the

work must be distributed. Copyright applied to a creative work: story, photograph, and

song and pencil sketch. The right to copy an expression of an idea is protected by

copyright. Copyright give the owner the exclusive right to make copies

off the expression and sell them to the public. That is, only the author can sell copies of the author’s book.


Definition of Intellectual Definition of Intellectual PropertyProperty

Only the originator of the expression is entitled to copyright.

If an expression has no determinable originator, the copyright cannot be granted.

The copyright does not cover the idea being expressed.

Copyright last for only a limited period of time.The copyrighted expression must also be in tangible

medium. A story or art work must be written, printed, recorded,

and stored in disk or fixed on some other way.Certain works are considered to be in the public

domain, owned by the public, by no one in particular.◦ Example: the song “Happy birthday to you”, “nasi

goreng’ recipe.


Originality of WorksOriginality of Works

The work being copyrighted must be original to the author.

A work can be copyrighted even if it contains some public domain materials, as long as there is some originality.

The author does not even have to identify what is public and what is original.

Example: ◦ A music historian could copyright a collection of

folksongs even if some are in the public domain.◦ A dictionary can be copyrighted and the author could

not claim to own the word.


Copyright for Computer Copyright for Computer SoftwareSoftware

Can a computer program be copyrighted? YES…

Computer program can be copyrighted (1976 copyright law emended in 1980 to include an explicit definition of computer software).

However, copyright protection may not be especially desirable from a protection

Copyright for Digital ObjectsCopyright for Digital Objects

The Digital Millennium Copyright Act (DCMA) of 1998 clarified some issues of digital objects (such as music files, graphic, images, data in a database, and also computer program), but it left other unclear.

Among provision of the DCMA are these:◦ Digital objects can be subject to copyright.◦ It is a crime to circumvent or disable

antipiracy functionality built into an object.◦ It is a crime to manufacture, sell, or

distribute devices that disable antipiracy functionality or that copy digital object.


PATENTSPATENTS

Protect invention, tangible objects or ways to make them not works of the mind.

Intended to apply to the result of science, technology and engineering.

A patent can protect a “new and useful process, machine, manufacture or composition of matter.

A patent is designed to protect the device or process for carrying out an idea, not the idea itself.

Example:◦ If two composers happen to compose the same song

independently at different times, copyright law would allow both of them to have copyright.

◦ If two investor devices the same invention, the patent goes to the person who invented it first, regardless of who first filed the patent.


Procedure of registering a Procedure of registering a PatentPatent

The inventor must convince the U.S Patent and Trademark Office that the invention deserves the patent.

A patent attorney will research the patent already issued for similar invention.

The patent owner uses the patented invention by producing products or by licensing others to produce them.

Patent objects sometimes marked with a patent number to warn others that the technology is patented.


TRADE SECRETSTRADE SECRETS

Is unlike a patent or copyright in that it must be keep a secret.

The information has value only as a secret, and an infringer is one who divulges the secret.

Once divulged, the information usually cannot be made secret again


Characteristics of Trade Characteristics of Trade SecretsSecrets

Trade secret is information that gives one company a competitive edge over others.

Example: The formula of soft drinks, mailing list of customers or information about a product due to be announced in a few months.

The distinguishing characteristic of a trade secret is that it must always be kept secret.

The owner must take precautions to protect the secret such as storing safely, encrypting it in computer file, or making employees sign a statement that they will not disclose the secret.

If someone obtains a trade secret improperly and profits from it, the owner can recover profits, damages, lost revenues and legal costs.


Figure: Comparing Copyrights, Figure: Comparing Copyrights,

Patent and Trade SecretPatent and Trade Secret


Key Intellectual Property Key Intellectual Property IssuesIssues

Issues that apply to intellectual property and information technology◦Plagiarism◦Reverse engineering◦Open source code◦Competitive intelligence◦Cybersquatting


PlagiarismPlagiarism

Theft and passing off of someone’s ideas or words as one’s own

Many students ◦Do not understand what constitutes

plagiarism ◦Believe that all electronic content is in

the public domainPlagiarism detection systems

◦Check submitted material against databases of electronic content


Plagiarism (continued)Plagiarism (continued)

Steps to combat student plagiarism◦Help students understand what constitutes

plagiarism◦Show students how to document Web

pages◦Schedule major writing assignments in

portions◦Tell students that you know about Internet

paper mills◦Educate students about plagiarism

detection services


Partial List of Plagiarism Partial List of Plagiarism Detection Services and Detection Services and SoftwareSoftware


Reverse EngineeringReverse EngineeringProcess of taking something apart in

order to ◦Understand it◦Build a copy of it◦ Improve it

Applied to computer◦Hardware◦Software

Convert a program code to a higher level design

Convert an application that ran on one vendor’s database to run on another’s


Reverse Engineering Reverse Engineering (continued)(continued)Compiler

◦Language translator ◦Converts computer program statements

expressed in a source language to machine language

Software manufacturer◦Provides software in machine language

formDecompiler

◦Reads machine language ◦Produces source code


Reverse Engineering Reverse Engineering (continued)(continued)

Courts have ruled in favor of using reverse engineering ◦To enable interoperability

Software license agreements forbid reverse engineering

Semiconductor Chip Protection Act (SCPA)◦Established a new type of intellectual

property protection for mask works


Open Source CodeOpen Source CodeProgram source code made available for

use or modification ◦As users or other developers see fit

Basic premise◦Software improves◦Can be adapted to meet new needs◦Bugs rapidly identified and fixed

High reliabilityGNU General Public License (GPL) was a

precursor to the Open Source Initiative (OSI)


Competitive IntelligenceCompetitive Intelligence

Gathering of legally obtainable information ◦To help a company gain an advantage over

rivalsOften integrated into a company’s

strategic plans and decision makingNot industrial espionageNearly 25 colleges and universities offer

courses or programsWithout proper management safeguards

it can cross over to industrial espionage


A Manager’s Checklist for A Manager’s Checklist for Running an Ethical Competitive Running an Ethical Competitive Intelligence OperationIntelligence Operation


CybersquattingCybersquatting

Trademark is anything that enables a consumer to differentiate one company’s products from another’s◦May be

Logo Package design Phrase Sound Word


Cybersquatting Cybersquatting (continued)(continued)Trademark law

◦Trademark’s owner has the right to prevent others from using the same mark Or confusingly similar mark

Cybersquatters◦Registered domain names for famous

trademarks or company names ◦Hope the trademark’s owner would buy

the domain name For a large sum of money


Cybersquatting Cybersquatting (continued)(continued)To curb cybersquatting

◦Register all possible domain names .org .com .info

Internet Corporation for Assigned Names and Numbers (ICANN)◦Current trademark holders are given time

to assert their rights in the new top-level domains before registrations are opened to the general public

Open Source vs. Proprietary Open Source vs. Proprietary SoftwareSoftware• "Free software" (economic definition)

means you don't have to pay for it• "Free software" (GNU definition):

– freedom to run the program, for any purpose

– freedom to study how the program works, and adapt it to your needs (open source)

– freedom to redistribute copies so you can help your neighbor

– freedom to improve the program, and release your improvements to the public, so that the whole community benefits

The GNU Public License:The GNU Public License:Copyleft (www.gnu.org)Copyleft (www.gnu.org)

• Copyleft: a general method for making a program free software and requiring all modified and extended versions of the program to be free software as well."

• Ethical question: Should you make available to other software engineers (even those who work for other companies) reusable software of your own making?

• Ethical question: does the proprietary software business model allow the patching of O.S. security exploits as well as the open source model?

NAPSTERNAPSTER What did Napster allow its users to do?

1) Make MP3 files stored on individual computer hard drives available for copying by other Napster users

2) Search for MP3 music files stored on other users’ computers

3) Transfer exact copies of the contents of other users’ MP3 files from one computer to another via the internet

NAPSTERNAPSTER

NAPSTER CASENAPSTER CASE

Napster was engaged in the commercial recording, distribution and sale of copyrighted musical compositions and sound recordings.

A&M alleges that Napster, Inc. is a contributing and explicit copyright infringer.

By July 2000, the courts prevented Napster "from engaging in, or facilitating others in copying, downloading, uploading, transmitting, or distributing copyrighted musical compositions and sound recordings, without express permission of the rights owner.

Napster had to post a bond for damages at $5 million.


SummarySummaryIntellectual property is protected by

◦Copyrights◦Patents◦Trade secrets

Plagiarism is stealing and passing off the ideas and words of another as one’s own

Reverse engineering ◦Process of breaking something down ◦In order to understand, build copy, or

improve it


Summary (continued)Summary (continued)Open source code

◦Made available for use or modification as users or other developers see fit

Competitive intelligence ◦Not industrial espionage◦Uses legal means and public

informationCybersquatting

◦Registration of a domain name by an unaffiliated party

tts1133 : internet ethics and cyber law chapter five intellectual property

Documents

copyrighted expression

razif razaliprepared

basis of copyright protection

art work

expression of ideas

creative work

public domain materials

originality of worksthe