Presentation on theme: "Pros & Cons of Patents and Copyrights and other interesting stuff… By: Baha Khalil."— Presentation transcript:
Pros & Cons of Patents and Copyrights and other interesting stuff… By: Baha Khalil
Introduction What are Patents & Copyrights? Legality of the Internet? Intellectual Property? Fair Use? Public Domain? & Related Topics
Patents In the United States there are three kinds of patent -- utility patents, design patents, and plant patents. A patent permits its owner to exclude members of the public from making, using, or selling the claimed invention. Design patents in the United States have a term of 14 years, while plant patents have a term of 17 years. A common misconception is that the patent gives its owner the right to make, use, or sell the invention. It only gives the owner the ability to exclude others from making, using or selling the invention. The patent owner may be forbidden from using the invention, usually due to the existence of another patent, or sometimes due to other legal restrictions.
What can be Patented? Must Pass These Four Tests: The invention must fall into one of the five "statutory classes" of things that are patentable: processes, machines, manufactures (that is, objects made by humans or machines), compositions of matter, and new uses of any of the above. The invention must be "useful". One aspect of the "utility" test is that the invention cannot be a mere theoretical phenomenon. The invention must be "novel", that is, it must be something that no one did before. The invention must be "unobvious" to "a person having ordinary skill in the art to which said subject matter pertains". This requirement is the one on which many patentability disputes hinge.
Patents for Algorithms & Software? Yes they can be patented, but sometimes a long process and must consult with a patent attorney. A patent can become a legitimate monopoly. The law (in the U.S.) is settled that the mere presence of software in an invention does not automatically render it unpatentable. It is commonplace for inventors to obtain patents in inventions composed largely or nearly entirely of software. In the United States, the law that governs patents is Title 35 of the United States Code, commonly cited as "35 USC".
Copyrights The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. The U.S. copyright term for a work may be: 28 years 56 years The life of the author plus 50 years 75 years from the publication date 100 years from the date of creation
Copyrighting Software In the United States, an original work becomes protected by the copyright laws from the moment it is "fixed in a tangible medium". Which means you should at least SIMPLY SAVE IT TO A FLOPPY DISK! In the United States, the law that governs copyrights is Title 17 of the United States Code, commonly cited as "17 USC"
Patent Vs. Copyright Copyright terms are much longer than the 17-year or 20-year term of a U.S. utility patent. Anything to which you affix the word Copyright and the year are considered copyrighted and entitled to protections under the law.
Patent Vs. Copyright cont… Patent’s Are Expensive typically thousands, can go up to $10,000! Including fees of patent attorney. Patent Application is very detailed and must be reviewed a patent examiner to assure it is allowable You must mark your patent number on your product to avoid complications with someone infringing your product.
Detailed Comparison A copyright typically covers only the expression of a work, and does not do anything to stop people from appropriating clever ideas that happened to be embodied in that work. In contrast, a patent can sometimes be used to stop someone who looks at a copyright work, extracts the clever ideas from it, and creates a new system embodying those clever ideas. It is only a slight oversimplification to say that if there are clever ideas in your software, and if you wish to protect those clever ideas, you are unlikely to be able to do so through copyright, but may be able to do so through patent.
Legality of the Internet Lot of sites have protection Copying from another site is Illegal Ex: Simply copying a "click here" button is Illegal. Posting Copyrighted materials onto your site is also illegal.
Intellectual Property Intellectual property includes anything that can be copyrighted, trademarked, or Patented! Manuscripts Poetry Movie scripts Musical scores Patents Logos Shoe designs Operating systems Photographs Cartoons Computer applications A plant hybrid Cabinet design
Public Domain It is an alternative to copyright. You are allowed to copy anything in the public domain without any restrictions. Some works specify that you may copy as long as you credit the author.
What is in the Public Domain? Simply because something is published on the Web doesn't mean it is in the public domain. However some works are automatically placed into public domain: a work for which the copyright has expired. anything published by the federal government. a forfeited copyright. an abandoned copyright.
Fair Use Another time where you can reuse copyrighted materials is when you are using it for FAIR USE. If not careful Fair Use can lead you to Plagiarism. The simplest way to avoid plagiarism is to give credit for anything you may have used that is not your intellectual property.
What is NOT Fair Use Reproduction of copyrighted material for education purposes Reproduction of copyrighted material for noncommercial use Fair use is very subjective and must be decided in the court of law.
How to argue Fair Use? Here are factors that may assist in your argument of fair use. Amount of the work you have used The nature of the work used The purpose and character of the use Note: A court still must have the final decision of what is fair use.
Copyright Infringement Very good idea to avoid! A big fine and/or jail time Simple Ways To Avoid: Purchase the right to use it from the author. Request the right to use it in writing.
Derivative Works These are copyrighted materials. Derivative works include works based mainly on the original work. Parodies, Critiques, Restate Facts: Weather or local news. Ex: Making a remix of a popular song without permission from author or owner is considered an unauthorized derivative work.
Real Life Dispute #1 Napster was found that its music file-swapping service was in violation of digital copyright law Feb 12, 2001. Despite all of the efforts of the music industry file-sharing still exists today! www.afternapster.com Lists 87 different programs like napster!!!
Real Life Dispute #2 Adobe Vs. Macromedia, August 2000, over “tabbed palettes” paten infringment suit. Macromedia was ordered to pay 2.8 million US dollars in damages to Adobe. Will the court grant an injunction? preventing Macromedia from shipping infringing software???
Think About This… “Earl Eniac spends a year developing a virus tester. He makes the tester available on his website and writes an article on how it works. Jake Jasper downloads this software and makes changes to the tester to make it better. He even has access to the source code making changing it easier. Jake then sends his revised version of Earl’s software to Earl with an explanation of what he has done. On Jake’s website, Jake gives credit to Earl for the original software. Has Earl or Jake done anything wrong?” pg 138 Computer Ethics
You Might Also Want To Think About This One… Bingo Software Systems is a small company who has spent almost three years creating an operating system that is nothing like what is on the market. After investing about two million dollars and marketing the system Bingo recovers 25% of its investment. However after the first year several things happen that cut into the sales. First, Pirate Pete’s Software develop an OS similar to that of Bingo’s but has features not available in the Bingo’s system. You can say they possibly copied much of the code and the ideas and made an improved version. Second, many customers are only purchasing one copy and making copies for every employee and for other businesses as well. As a result there is less demand for Bingo’s system and eventually Bingo declares bankrupcy. Is this situation unfair? Has Pirate Pete’s Software wronged Bingo Software Systems? And what about everyone making copies of the software?”pg 138 Computer Ethics
And this one… 1. Let’s say you’re on a deadline, your boss is expecting your part of the code on his desk by tomorrow. You find some code on internet from some website in Japan. You realize it’s not your intellectual property and you can’t give this guy credit on the documentation because evaluations are coming up soon and that will make you look bad. But the chances of getting caught are very slim. What should you do?