• 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
• 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)
and finally
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.
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
• BTW, this is approximately true at UB
an employment agreement - attempts to
protect IP and anything it contributes TO
a non-disclosure agreement courts have said that the issuing
company makes the rules
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?
Can someone copy your software, learn how it
works, and re-write it in a new language?
Can someone use your executable, reverse
engineer it, and use the design to develop a
new product?
Let’s do PATENT first
"process, machine, manufacture or composition of matter."
Any new and useful process, machine [article of] manufacture, or composition of
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”
At the time the invention was made, to a person “having ordinary skill in the art”
Patents "probably" don't apply to
• 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
Create derivative works
Perform or display publicly
Infringement is unauthorized use with substantial similarity
David G. Kay – SIGCSE 2003
a nice summary:
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)
• judgement against George Harison
• judgement against Coldplay
• jusdgement against Ray Parker Jr, based on the bass line!
• 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
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
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.
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
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
GNU project.
“Free” compilers and utilities.
Many others.
Windows EULA
GNU Eula