2What Is Intellectual Property? Intellectual property: any unique product of the human intellect that has commercial valueBooks, songs, moviesPaintings, drawingsInventions, chemical formulas, computer programsIntellectual property ≠ physical manifestationDoes right to own property extend to intellectual property?
3Information Technology Changing Intellectual Property Landscape Value of intellectual properties much greater than value of mediaCreating first copy is costlyDuplicates cost almost nothingIllegal copying pervasiveInternet allows copies to spread quickly and widelyIn light of advances in information technology, how should we treat intellectual property?
4Property Rights Locke: The Second Treatise of Government People have a right…to property in their own personto their own laborto things which they remove from Nature through their laborAs long as…nobody claims more property than they can useafter someone removes something from common state, there is plenty left over
6Expanding the Argument to Intellectual Property Writing a play akin to making a belt buckleBelt buckleMine oreSmelt it downCast itWriting a play“Mine” words from English language“Smelt” them into prose“Cast” them into a complete play
7Analogy Is ImperfectBen Jonson, walker Art Library/Alamy; Shakespeare, Classic Image/AlamyIf Ben Jonson and William Shakespeare simultaneously write down Hamlet, who owns it?If Ben “steals” the play from Will, both have itThese paradoxes weaken the argument for a natural right to intellectual property
8Benefits of Intellectual Property Protection Some people are altruistic; some are notAllure of wealth can be an incentive for speculative workAuthors of U.S. Constitution recognized benefits to limited intellectual property protection
9Limits to Intellectual Property Protection Giving creators rights to their inventions stimulates creativitySociety benefits most when inventions in public domainCongress has struck compromise by giving authors and inventors rights for a limited time
10Kinds of IP Protection Trade Secrets Copyrights Patents Digital Rights Management
11Trademark, Service Mark Trademark: Identifies goodsService mark: Identifies servicesCompany can establish a “brand name”Does not expireIf brand name becomes common noun, trademark may be lostCompanies advertise to protect their trademarksCompanies also protect trademarks by contacting those who misuse them
13PatentA public document that provides detailed description of inventionProvides owner with exclusive right to the inventionOwner can prevent others from making, using, or selling invention for 20 years
14Copyright Provides owner of an original work five rights ReproductionDistributionPublic displayPublic performanceProduction of derivative worksCopyright-related industries represent 6% of U.S. gross domestic product (> $900 billion/yr)Copyright protection has expanded greatly since 1790
15Benefits and harm to society that come from IP protection Open Source vs. protected IPProductivity and creativity enhanced through IP protection?Creativity coming from sharingIncrease or lower prosperity and income disparity?
16Lawrence Lessig on Copyright (Better video to watch than the others.)
17CopyrightingWithout 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
18What are the benefits and harm to society that comes from IP protection
19Natural right to property John Locke ( )Property in their own personRight to their own laborRight to resources removed from nature through their own labor.Quinn, page 163
20Does this qualify as my natural right? Tree in a forestWood cut from a forestCorn grown by meCorn grown by my employee1, 2, 3, 42, 3, 42, 33, 4
21Intellectual property Product of human intellect that has commercial value.Music is IP, not the sheet on which it is printed.
22Protecting IP Trade secrets – example? Trademark – example? Patent – example?Copyright – example?Coke formula; BandAid, Xerox; GMO seeds, fuel injection; Harry Potter characters;My patents:
23P2P (peer to peer) and sharing Napster – 1st kindCentral server has list of people (clients) who have movies, songs etc. List consulted by clients seeking to download.Grokster – 2nd kindNo central directoryBitTorrent – 3rd kindNo central directory, and file chopped up into pieces, becauseBlown page 202;
24Napter and FastTrack From Quinn, Chapter 4. Comparison ofthe Napster and FastTrack implementations ofpeer-to-peer ﬁlesharing. (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.
25Fair use Better if Educational Non-fiction Published Excerpts only Out of print (effect of copying on sales)
26ClickerProfessor copies journal articles and makes them available for students, with a password.Fair use or not?YESNO
27ClickerArt teacher copies pictures from art book and makes slides to show to her class. Fair use or not?YESNO
28Google BooksGoogle, in digitizing materials from libraries around the world, created an archive that includes many books still covered by copyright.Many (most?) books are searchableThose out of copyright are fully readableSnippets of copyrighted books are shown with search terms in context
29Authors Guild v. GoogleAuthor’s Guild says, “Google’s copying and storing in its own database is not Fair Use.”Google says, “Is too!”
30Fair use? Educational, or commercial Non-fiction, or art, fiction etc. Published, or not publishedExcerpts only, or the whole thingNo effect of copying on sales, or reduces sales/profitAnswer A for Yes, B for NO for eachGoogle is winning as of Nov. 2013Ted talk on Youtube Copyright
31IP 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, 2014Quote from Richard Stallman
32Digital Rights Management Schemes to control executing, viewing, copying, printing and altering of works or devices.May use digital encryption, or locking.
33Digital Rights Management ProsConsControls copyright protected workNot effective – repeated examples of people breaking itInconveniences peoplePrevents legitimate copying, as for backup, format changing for disabled etc.Could make works inaccessible if DRM scheme changes or service discontinued.
34Info 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 softwareSoftware is not protected under free speechThey are encouraging copyright violationJon Johansen gets off freePage 186 of quinn
35DRM 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.
36DRM – 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.
37Copyright or not, DRM or not Pro people sayProtection keeps creative content production aliveCon people sayProtection stifles technological innovation
38Creative Commons https://creativecommons.org/ Way to create a blurb about who may or may not use copyrighted works, and how they may use it.
39Is 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: