1. Technical Threats to Copyright & IPR Talk at the Talisman seminar on Legal Risks and the Internet Brian Kelly UK Web Focus UKOLN University of Bath Bath b.kelly@ukoln.ac.uk This presentation contains images of copyrighted resources. Any copyright holder who wishes their images removed should contact the author. This presentation contains images of copyrighted resources. Any copyright holder who wishes their images removed should contact the author.

2. Contents Introduction Examples Solutions Conclusions ExamplesIntroduction Solutions Conclusions

3. What Do We Want? A Quicker, More Reliable Web We all know how slow the web can be Protection For Our Intellectual Property As web authors / developers we want to protect our intellectual property Sensible Ways of Including Resources Avoiding delays and bureaucracy Sensible Copyright Statements on our Pages Avoiding statements which show no understandings of web technologies Clarification of Responsibilities Is it my responsibility or the University?

4. What Are The Risks? What legal risks do you think use of the Internet entails? IntroductionExamples Solutions Conclusions

5. Examples Various examples are shown, including some which may not be legal issues Copyright Fraud Plagiarism Theft Breach of confidentiality Spamming Defamation Misrepresentation Libel Pornography Unacceptable Use Timewasting Inappropriate linking Introduction Trademarks Examples Solutions Conclusions

6. Where Do You Stand? CLA had a copyright statement: A.It is not permitted to view the HTML source of pages B.It is not permitted to download the page for a period exceeding 30 days C.It is not permitted to alter the contents of pages Do you think: A is acceptable?B is acceptable? C is acceptable? IntroductionExamples Solutions Conclusions

7. Examples of Legal Threat A student has a Teletubbies website: Images scanned from the Radio Times The students comments on Teletubbies Metadata (accessible to search robots but not visible) containing 1,000 occurrences of word Teletubbies Metadata contains the words Official Teletubbies Website What problems are there? Whose problem? Examples Solutions Conclusions Introduction

8. Example: Theft Example 1 You notice a page on a website which contains images you have created Example 2 A student assignment contains text and multimedia objects (video, images and sound) which the student is masquerading as his own work. You suspect the student is (a) in breach of copyright and (b) guilty of plagiarism Examples Solutions Conclusions Introduction

9. Examples: Hyperlinking Is use of hyperlinking a legal threat? Use of Images A remote web page contains your logo Use of Frames A remote website contains a link to your page. The link causes users to miss your guidelines and advertising and mislead the reader as to the origin of the information. Examples Solutions Conclusions Introduction

10. Examples - Virtual Documents What are the copyright implications for virtual documents? Merseyworld provides access to Internet standards using a CGI program to retrieve a document and format it (using frames and embedded text / graphics) http://www.merseyworld.com/ control/techwatch.html Content added to document Examples Solutions Conclusions Introduction

11. Example - TotalNews TotalNews: a "framed" site which provides access to various news services News providers very concerned Case settled out of court How would you feel if this happened to your website? TotalNews URL TotalNews advertising Somebody else's content

12. Example: Caching A web page states that the resource is copyright and it cannot be downloaded for a period greater than 30 days. A user downloads the page. The users browser has been configured by the Computing Service to use an organisational and national (JISC-funded) cache The browser has a client-side cache Is this a problem? If so, whose? ExamplesIntroductionConclusionsSolutions

13. Examples - Off-Line Browsers "WebWhacker, the ultimate offline browser. This powerful tool allows you to save Web pages - including text, graphics and HTML links - directly to your hard drive, so you can view them offline at highly accelerated speeds" Examples Solutions Conclusions Introduction

14. Example: Altering Content You are visually impaired and change the font settings and colours in your browser. You use a style sheet to hide the visibility of paragraphs ExamplesIntroductionConclusions Is this "altering the contents of a page"? Is it acceptable? Solutions

15. Example: Liability A first year medical student posts medical advice about an unusual disease to a national mailing list A user finds the page using a search engine and takes heed of the advice The user is then taken ill. Is this a problem? If so, whose: The medical student? The organisation hosting the mailing list? The organisation running the search engine? ExamplesIntroductionConclusionsSolutions

16. Example: Privacy Example 1 You give your name and email address to register for information on the Web Shortly afterwards you receive email from a third party Example 2 You visit an electronic shopping mall. You ignore messages about "cookies". Shortly afterwards you receive mail about shops you did not visit. ExamplesIntroductionConclusionsSolutions

17. Solutions - Applications Prevention Java - prevent images being stolen Prevent linking to images from off-server using server configuration options Detection Search engines: –Detect plagiarism Search for image:domain.ac.uk using Alta Vista –Spot trademark misuse Digital signatures in multimedia objects ExamplesIntroductionSolutionsConclusions

18. Solutions - W3C Work W3C (World Wide Web Consortium): Dedicated to 'Realizing the Full Potential of the Web' Technology & Society domain investigating IPR Addressing issues: –Does technology necessitate a change in copyright legislation? –What rights should be associated with web content? –How to technically express the rights –Should rights be used for notification & enforcement ExamplesIntroductionSolutionsConclusions

19. Solutions: Metadata W3C feel that: Machine-readable metadata formats can be used for expressing rights declarations Deterministic, machine-readable declarations are key to automated operations Need to understand business & economic models to develop technical solutions ExamplesIntroductionSolutionsConclusions

20. Solutions: Rights Management (Expired) Internet draft on Using PICS for Copyright Notice and Control Copyright scheme with values: 0=disallowed, 1=conditionally allowed, 2=unconditionally allowed Example for use with web resource: (PICS-1.1 "http://www.wipo.org/v1.5" by "Mark Twain" labels on "1994.11.05T08:15-0500" for "http://www.twain.com/story.html" full "http://www.twain.com/IP-notice.html" ratings (print 1 save 1 quote 2)) ExamplesIntroductionSolutionsConclusions

21. Solutions: Privacy Platform for Privacy Preferences (P3P): Enables computer users to be informed and to make choices about collection, use and disclosure of personal information Sites with practices that fall within a user's preference will be accessed "seamlessly," Otherwise users will be notified of a site's practices and have the opportunity to agree to those terms. See http://www.w3.org/P3P/P3FAQ.html ExamplesIntroduction Solutions Conclusions

22. Acceptable Use Policies Why Have an Acceptable Use Policy? If you don't say what is acceptable and unacceptable, how is the user to know? Needed if your organisations wishes to have effective internal disciplinary measures May be valuable if a case goes to law Potentially could be automated in the future ExamplesSolutionsConclusions Introduction

23. What Could an AUP Cover? An institutional AUP could cover: Policies for end users (browsing policies) e.g. covering access to porn, non-academic use Policies for information providers (publishing policies) e.g. covering use of copyrighted resources, linking policies Policies for service providers (service policies) e.g. covering privacy, use of log files, maintenance of resources, etc. UK Web Focus to produce resource of AUPs used in UK HEIs ExamplesSolutionsConclusions Introduction

24. Conclusions There are many legal risks which institutions may face It is important to have guidelines covering use of Internet services Technical developments may make the formulation of guidelines difficult Technical developments will also assist in overcoming legal risks Important to follow international standards developments - avoid reinventing (square) wheels ExamplesConclusionsSolutions Introduction