1. 1(#total) CS5038 The Electronic Society Lecture 8: Intellectual Property: Digital Media Copyright Lecture Outline Copyright and its history The technology Vs. Law arms race Three mini-talks: The cost of P2P The Digital Millennium Copyright Act (DMCA) How to identify IP ownership online Note: most of this lectures material was written by Brian Byrne, Eddie Wong, Chris Walker and Matt Kennedy (eCommerce MSc 2005/6)

2. 2(#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

3. 3(#total) Copyright History Book Curse: For him that stealeth, or borroweth and returneth not, this book from its owner, let it change into a serpent in his hand and rend him. Let him be struck with palsy, and all his members blasted. Let him languish in pain crying out for mercy, & let there be no surcease to his agony till he sing in dissolution. Let bookworms gnaw his entrails... when at last he goeth to his final punishment, let the flames of Hell consume him forever.

4. 4(#total) Copyright History Printing Press - Johannes Gutenberg - 1447 (Similar printing technology known in Korea and China by c. 1234)

5. 5(#total) The Statute of Anne Short 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. Named after Queen Anne, during whose reign it was enacted. Replaced the monopoly enjoyed by the Stationer's Company 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.

6. 6(#total) The Statute of Anne The statute of Anne vests 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 Many reprints of British copyright works were consequently issued both in Ireland and in North American colonies

7. 7(#total) Other Issues Provisions for the handicapped In U.S. provision for reproduction of material for the blind or other persons with disabilities. Permits the reproduction in Braille, audio. electronic, Web- Braille, etc. Orphaned works Difficult or impossible to contact the copyright holder Causes difficulty for anybody seeking to use/build on work Moral rights Not to have the work altered or destroyed without consent, Right to be attributed as the author of the work. 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.

8. 8(#total) Arms Race? Before the Printing Press was invented it was to costly pirate someone elses 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. Law Vs. Technology If law stronger then protection stronger If technology stronger then protection weaker IP creators unable to claim economic benefit Large part of incentive to create lost Bad for society

9. 9(#total) How much does P2P cost? Eddie Wong

10. 10(#total) What is P2P? Peer-2-Peer Internet technology Largely used for illegal 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 (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)adware/spywarelavasoft.de

11. 11(#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 53% p2p traffic is BitTorrent 30% of all internet traffic

12. 12(#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

13. 13(#total) Who does it affect? Artists Lost royalties/profits Harder for new artists Record companies, movie production studios, publishers, software houses, etc Lost revenues Increased security and legal costs Employees Redundancies due to store closures, cut-backs, etc Users? Favourite artists dropped by label Holes in Firewall -> Computer exposed Viruses, worms, etc Spyware, adware

14. 14(#total) Remedies Lawsuits Recording Industry Association of America (RIAA) issued thousands Similar to book curse – fear - ArticleArticle 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

15. 15(#total) Arguments for P2P Legitimate uses of P2P NASA – to distribute cache on BitTorrent Free software and open source software iTunes & Napster Online music download stores Selling music online Reduced overheads costs Reduced production costs No distribution, packaging, etc Redundancies: Less staff needed

16. 16(#total) Summary 97-98% of traffic in P2P is illegal 60% internet traffic is P2P Every month on average 3.6 billion music downloads Many people losing out Its hard to combat

17. 17(#total) Are New Laws Required to Protect Copyright (in Light of Digital Media Internet Etc) or Have Some Laws Gone Too Far? – Brian Byrne

18. 18(#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.

19. 19(#total) 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.

20. 20(#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 organisations and libraries can circumvent

21. 21(#total) Why was the DMCA required The circumvention provisions of the act where mainly intended to stop black box descramblers used for free cable TV. Pressure from entertainment industry. Arms race between technology and Intellectual Property law.

22. 22(#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).

23. 23(#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 cant do this with copy protected electronic books – OReilly Safari book shelf Napster subscription based music – stops working when subscription ends. DVDs region encoded. (Bought in another country cant 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

24. 24(#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)

25. 25(#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.

26. 26(#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

27. 27(#total) Is the DMCA Suppressing Free Speech? Security text book author states he is afraid of printing methods for circumventing DVD encryption.

28. 28(#total) Is the DMCA Suppressing Free Speech? Dmitry Sklyarov a Russian PhD student was arrested in California after giving a presentation on eBook's Security protection. Circumvented Adobes 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

29. 29(#total)

30. 30(#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

31. 31(#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.

32. 32(#total) Identifying Intellectual Property Ownership Online. Why and How? Matt Kennedy

33. 33(#total) Introduction The need for a universal system to identify IPR ownership Existing solutions DOI (Digital Object Identifiers) Watermarking Future

34. 34(#total) The Digital Effect International borders crumbling Some treaties But IPR still vulnerable Digital distribution – more broadband Main source of revenue

35. 35(#total) The Music Universe today Producer Promoter Lawyer Manager Account. Agent Business Service PRS 1999 TV & Radio broadcasters, satellite & cable operators Owners public places where performances of music recordings take place: pubs, hotels, shops, etc. VPL VPL Video Performance Limited £ £ £ £ Video Juke Box Suppliers Owners public places where 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 £ £ BPI AIM RECORD COMPANY AURA Association of United Recording Artists ARTIST PAMRA Performing Arts Media Rights Association £ £ County & Borough Council Juke Box Suppliers TV & Radio broadcasters, satellite & cable operators PPL Phonographic Performance Limited £ £ £ £ Distributors & Retailers £ £ £ £ MU Musicians Union Overseas Performanc e License EQUITY EQUITY ISM Incorporate Society of Musicians Collection Agencies Representation £ £ £

36. 36(#total) Licensing Pain CreatorProducer Manufacturer DistributorRetailerConsumer Music IPR Licensing Retail CD Licensing pain

37. 37(#total) New communication gap Licensing Pain not just who owns IPR, but who owns license CreatorProducer Manufacturer DistributorRetailerConsumer Music IPR Licensing CreatorProducer Manufacturer DistributorRetailerConsumer Music IPR Licensing How can he sell?, where?, what DRM? Retail CD On-line Licensing pain

38. 38(#total) Digital Object Identifiers DOIs – handle, track content Persistently associate metadata with digital objects Easily access by prefixing http://dx.doi.orghttp://dx.doi.org XML used to store meta data Drawback - hard to find DOI for some content no sesarch facility Good for static IPRs Poor for dynamic IPRs and offline content – need regular updates

39. 39(#total) Watermarking Embed information into actual files Help fight infringements on p2p systems Only usable for digital files Technically difficult to implement – many formats Impractical for dynamic IPRs Unworkable

40. 40(#total) The Way Forward? DOIs provide a good framework for identifying some types of IPR Need: Search Data integration and government cooperation Contract management integration – automatic updates Always going to have to employ different methods