finishing • Please complete the peer review in hardcopy by Wed. OR email by Friday, 11:59pm. • Please sign the last attendance sheet • Check you grades after Phase 4 • Decide if you need to do the additional essay question. • Adds up to 8 points to your last essay. – essay cannot total more than 15 points • Today - "Legal", Wednesday - "Ethical" for each team member Intellectual Property Intellectual Property Copyright and Patent Law Copying Music, Movies, Software, and Books SONY - an attempt to protect property (unconcerned about your private property) • http://www.eweek.com/c/a/Security/Sony-DRM-Uses-RootkitTechniques/ • http://www.betanews.com/article/Eliot-Spitzer-Warns-Over-SonyDRM/1133281904 • http://ansuz.sooke.bc.ca/lawpoli/copyright/sony-drm-holes.php • http://w2.eff.org/IP/DRM/Sony-BMG/settlement_faq.php?brl= • https://www.eff.org/cases/sony-bmg-litigation-info and finally http://boingboing.net/2013/12/01/study-shows-removing-drmincre.html#more-271485 SONY faced only civil litigation, no legal sanctions. Intellectual Property 1. An intangible asset, considered to have value in a market, based on unique or original human knowledge and intellect. Intellectual property may or may not be associated with a patent or copyright or other form of protection. 2. Property from original thought protected by law: original creative work manifested in a tangible form that can be legally protected, e.g. by a patent, trademark, or copyright Basically… any thought in intangible or (especially) tangible form. How do you protect it? Profit from it? More Intellectual Property n. Content of the human intellect deemed to be unique and original and to have marketplace value And thus to warrant protection under the law. Intellectual property includes but is not limited to ideas; inventions; literary works; chemical, business, or computer processes; and company or product names and logos. Intellectual property protections fall into four categories: copyright (for literary works, art, and music), trademarks (for company and product names and logos), patents (for inventions and processes), and trade secrets (for recipes, code, and processes). Concern over defining and protecting intellectual property in cyberspace has brought this area of the law under intense scrutiny. from www.microsoft.com/windowsxp/experiences/glossary_h-n.asp Would you work for a company, if… • Any thought you had, if considered to be Intellectual Property (as determined by them), belonged to them? • That includes thoughts unrelated to your job • And thoughts occurring at home • Or thoughts conveyed to you by family and friends • BTW, this is approximately true at UB an employment agreement - attempts to protect IP and anything it contributes TO http://www.docstoc.com/docs/6475/EmploymentAgreement-For-Technical-Employees a non-disclosure agreement courts have said that the issuing company makes the rules http://valleywag.gawker.com/tech/google/this-ndanever-existed-230407.php Categories of Intellectual Property Patent (Federal Law) Copyright (Federal Law) U.S. Constitution: The Congress shall have power “to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (Art.1, sec.8 cl.8) Trade Secret (Mostly State Law) Trademark (Mostly Federal) Promote “fair play” in business. David G. Kay – SIGCSE 2003 Where does software fall? Can someone copy your software and use it? no Can someone copy your software, learn how it works, and re-write it in a new language? no Can someone use your executable, reverse engineer it, and use the design to develop a new product? yes Let’s do PATENT first "process, machine, manufacture or composition of matter." Any new and useful process, machine [article of] manufacture, or composition of matter Not phenomena of nature, scientific principles, abstract ideas, (pure) mathematical formulas Software? - only when used to demonstrate an idea Novelty – does not exist in the “prior art” Non-obviousness At the time the invention was made, to a person “having ordinary skill in the art” http://yro.slashdot.org/story/09/11/11/2055226/Microsoft-Patents-SudosBehavior http://www.theinquirer.net/inquirer/feature/1562231/patent-lawyersunderstand-software Patents "probably" don't apply to software • A SW Engineer's best protection is Copyright • Prevents others from copying. • Right-to-copy belongs to the author Copyright Requirements Think of the words: "Right to Copy" ***** Automatic once work is tangible ***** Copyright notice helpful, not required, can be placed by anybody Copyright © 2013 by Peter Programmer. All rights reserved Registration optional (but easy, cheap and useful for dating) - useful for court and recovery of damages, useful for exculpatory searches. NECESSARY for recovering "statutory" damages. Author exclusively may Reproduce Distribute Create derivative works Perform or display publicly Infringement is unauthorized use with substantial similarity David G. Kay – SIGCSE 2003 a nice summary: http://herodesignstudio.blogspot.com/2009/06/copyright-101-fordesigners.html Copyright Does Not Protect … Truly Independent Creation – unlike patent Underlying ideas Portions in the public domain Aspects dictated by external constraints (e.g. Standards, compatibility, efficiency, common practice) “Fair Use” David G. Kay – SIGCSE 2003 Copyright Law Fair-Use Doctrine Permission to use the work is not required. Allows uses of copyrighted material that contribute to the creation of new work and do not significantly affect sales of the material, thus depriving copyright holders of their income. Allows some research and educational uses as well as news reporting and critiquing. Guidelines for determining Fair Use are found in law. "Fair Use" is allowed The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” SW is treated much like books and music • Music – the melody (meaning, the User Experience) – http://www.youtube.com/watch?v=PluXi5cJHSk • judgement against George Harison – http://www.youtube.com/watch?v=De3lvudmOAw • judgement against Coldplay – http://www.youtube.com/watch?v=2mqZrHPGuBo • jusdgement against Ray Parker Jr, based on the bass line! – http://www.wired.com/epicenter/2009/11/copyrighttime-bomb-set-to-disrupt-music-publishing-industries/ • Music Lyrics/Books – the actual text • Software – again, the “user experience” Copyright Law Fair-Use Cases Sony v. Universal City Studios • 1984: U.S. Supreme Court ruled that non-commercial copying (recording) of a movie for viewing at a later time was fair use. • Court ruled that copying devices (in this case, Betamax VCR) should not be banned if they have significant legal uses. Sega Enterprises, Ltd. v. Accolade, Inc. • 1992: Reverse engineering a complete program in order to produce new, creative work was ruled fair use. Copying Music, Movies, Software, and Books The Napster Case Benefits of Napster (aside from being free): • Share music with other users; obtain individual songs from a CD; sample songs on a CD; access more songs; access commercially unavailable songs; and enjoy other features that made Napster popular. Legal Issues: • Was copying and distributing music through Napster within the fair-use guidelines? If not, was Napster responsible for user actions? The Court Decision: • Napster was guilty of encouraging and assisting copyright infringement. Solutions (Good and Bad) Restrictions and Bans on Technology Digital rights management (DRM), combined with laws such as the DMCA, can result in heavy fines and imprisonment for violators. The legal and monetary consequences can be applied to both pirates of intellectual works as well as to scientists and researchers of technology. http://blogs.pcworld.com/staffblog/archives/007358.ht ml http://www.podcastingnews.com/2008/06/16/averageteens-ipod-has-800-of-pirated-music/comment-page1/ http://www.afterdawn.com/news/archive/11354.cfm Digital Millennium Copyrights Act of 1998 Makes it a crime to circumvent anti-piracy measures built into most commercial software. Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software. Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems. Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances. In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet. Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement. Limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances -- for copyright infringement by faculty members or graduate students. Requires that "webcasters" pay licensing fees to record companies. Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users." States explicitly that "[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..." Free Software Free Software (or Open Source) Means Free From Copyright Restrictions The notion of free software was created by Richard Stallman. Examples: • • • • • GNU project. Emacs. “Free” compilers and utilities. Linux. Many others. Windows EULA EULA GNU Eula