1. Intellectual Property

2. What Is Intellectual Property?
Intellectual property: any unique product of the human intellect that has commercial value
Books, songs, movies
Paintings, drawings
Inventions, chemical formulas, computer programs
Intellectual property ≠ physical manifestation
Does right to own property extend to intellectual property?

3. Information Technology Changing Intellectual Property Landscape
Value of intellectual properties much greater than value of media
Creating first copy is costly
Duplicates cost almost nothing
Illegal copying pervasive
Internet allows copies to spread quickly and widely
In light of advances in information technology, how should we treat intellectual property?

4. Property Rights Locke: The Second Treatise of Government
People have a right…
to property in their own person
to their own labor
to things which they remove from Nature through their labor
As long as…
nobody claims more property than they can use
after someone removes something from common state, there is plenty left over

5. Locke’s Notion of Property Rights

6. Expanding the Argument to Intellectual Property
Writing a play akin to making a belt buckle
Belt buckle
Mine ore
Smelt it down
Cast it
Writing a play
“Mine” words from English language
“Smelt” them into prose
“Cast” them into a complete play

7. Analogy Is Imperfect
Ben Jonson, walker Art Library/Alamy; Shakespeare, Classic Image/Alamy
If Ben Jonson and William Shakespeare simultaneously write down Hamlet, who owns it?
If Ben “steals” the play from Will, both have it
These paradoxes weaken the argument for a natural right to intellectual property

8. Benefits of Intellectual Property Protection
Some people are altruistic; some are not
Allure of wealth can be an incentive for speculative work
Authors of U.S. Constitution recognized benefits to limited intellectual property protection

9. Limits to Intellectual Property Protection
Giving creators rights to their inventions stimulates creativity
Society benefits most when inventions in public domain
Congress has struck compromise by giving authors and inventors rights for a limited time

10. Kinds of IP Protection Trade Secrets Copyrights Patents
Digital Rights Management

11. Trademark, Service Mark
Trademark: Identifies goods
Service mark: Identifies services
Company can establish a “brand name”
Does not expire
If brand name becomes common noun, trademark may be lost
Companies advertise to protect their trademarks
Companies also protect trademarks by contacting those who misuse them

12. Screenshot by Xerox. Copyright © 2012 by Xerox Corporation
Screenshot by Xerox. Copyright © 2012 by Xerox Corporation. All rights reserved. Reprinted with permission.

13. Patent
A public document that provides detailed description of invention
Provides owner with exclusive right to the invention
Owner can prevent others from making, using, or selling invention for 20 years

14. Copyright Provides owner of an original work five rights
Reproduction
Distribution
Public display
Public performance
Production of derivative works
Copyright-related industries represent 6% of U.S. gross domestic product (> $900 billion/yr)
Copyright protection has expanded greatly since 1790

15. Benefits and harm to society that come from IP protection
Open Source vs. protected IP
Productivity and creativity enhanced through IP protection?
Creativity coming from sharing
Increase or lower prosperity and income disparity?

16. Lawrence Lessig on Copyright
(Better video to watch than the others.)

17. Copyrighting
Without copyright protection, innovation would die in the digital age.
Innovation will never die, as it is part of the human spirit. Money is not needed as an incentive.
Other

18. What are the benefits and harm to society that comes from IP protection

19. Natural right to property
John Locke ( )
Property in their own person
Right to their own labor
Right to resources removed from nature through their own labor.
Quinn, page 163

20. Does this qualify as my natural right?
Tree in a forest
Wood cut from a forest
Corn grown by me
Corn grown by my employee
1, 2, 3, 4
2, 3, 4
2, 3
3, 4

21. Intellectual property
Product of human intellect that has commercial value.
Music is IP, not the sheet on which it is printed.

22. Protecting IP Trade secrets – example? Trademark – example?
Patent – example?
Copyright – example?
Coke formula; BandAid, Xerox; GMO seeds, fuel injection; Harry Potter characters;
My patents:

23. P2P (peer to peer) and sharing
Napster – 1st kind
Central server has list of people (clients) who have movies, songs etc. List consulted by clients seeking to download.
Grokster – 2nd kind
No central directory
BitTorrent – 3rd kind
No central directory, and file chopped up into pieces, because
Blown page 202;

24. Napter and FastTrack From Quinn, Chapter 4.
Comparison ofthe Napster and FastTrack implementations ofpeer-to-peer file
sharing. (a) In Napster, a central server maintains the index ofall files available for sharing.
Retrieving a file is a three-step process: (1) making the request to the central server, (2) establishing a peer-to-peer connection between the sending and receiving computers, and (3) transferring the file. (b) In FastTrack, the index of available files is distributed among many “supernodes.” Each supernode has information about files available for sharing on “nearby” computers. Different users connect with different supernodes.

25. Fair use Better if Educational Non-fiction Published Excerpts only
Out of print (effect of copying on sales)

26. Clicker
Professor copies journal articles and makes them available for students, with a password.
Fair use or not?
YES NO

27. Clicker
Art teacher copies pictures from art book and makes slides to show to her class. Fair use or not?
YES NO

28. Google Books
Google, in digitizing materials from libraries around the world, created an archive that includes many books still covered by copyright.
Many (most?) books are searchable
Those out of copyright are fully readable
Snippets of copyrighted books are shown with search terms in context

29. Authors Guild v. Google
Author’s Guild says, “Google’s copying and storing in its own database is not Fair Use.”
Google says, “Is too!”

30. Fair use? Educational, or commercial Non-fiction, or art, fiction etc.
Published, or not published
Excerpts only, or the whole thing
No effect of copying on sales, or reduces sales/profit
Answer A for Yes, B for NO for each
Google is winning as of Nov. 2013
Ted talk on Youtube Copyright

31. IP wars
“rich countries often impose unjust laws on poor countries to squeeze money out of them. Some of these laws are “intellectual property” laws, …”
India is likely to drag the US to World Trade Organisation (WTO) if America includes it in the 'Priority Foreign Country' list for intellectual property rights, a development that could further escalate trade tensions between the two. – Feb 24, 2014
Quote from Richard Stallman

32. Digital Rights Management
Schemes to control executing, viewing, copying, printing and altering of works or devices.
May use digital encryption, or locking.

33. Digital Rights Management
Pros
Cons
Controls copyright protected work
Not effective – repeated examples of people breaking it
Inconveniences people
Prevents legitimate copying, as for backup, format changing for disabled etc.
Could make works inaccessible if DRM scheme changes or service discontinued.

34. Info Wars In 1999 … DVDs were scrambled with CSS
Windows PC’s and MACs had licensed CSS software to decrypt DVDs.
Linux Operating System computers did not.
Jon Johansen, 16 years old in 1999, cracks the CSS software with DeCSS.
2066 Magazine gets successfully sued for publishing the software
Software is not protected under free speech
They are encouraging copyright violation
Jon Johansen gets off free
Page 186 of quinn

35. DRM vs. hard protection – bits vs. atoms
You may legally tell people in a publication how to pick a lock.
You may not legally tell people in a publication how to break DRM.

36. DRM – how content providers control it
If a DVD player has a decrypter for the CSS scrambling system used in DRM’s, they have to abide by movie producers’ rules to avoid being accused of circumventing DRM.
Have to abide by ‘region coding’.
E.g. North American DVD players cannot play DVD purchased in Asia.

37. Copyright or not, DRM or not
Pro people say
Protection keeps creative content production alive
Con people say
Protection stifles technological innovation

38. Creative Commons https://creativecommons.org/
Way to create a blurb about who may or may not use copyrighted works, and how they may use it.

39. Is Fan Fiction legal?
Disclaimer: If I owned Star Wars, Jar Jar Binks wouldn't exist.
From a Harry Potter fic: "Jo owns the characters, the plot, and my soul. I own only the spaces in between."
Does fanfic make the copyright owners lose revenue?
Quotes from: