Intellectual Property CS495 Group 3. CS495 Group 3: Intellectual Property Intellectual Property...

Intellectual PropertyIntellectual Property

CS495 Group 3CS495 Group 3

CS495 Group 3: Intellectual Property CS495 Group 3: Intellectual Property

Intellectual Property SpeakersIntellectual Property Speakers

Speaker 1 - Steven Liberati Speaker 1 - Steven Liberati Topic:CopywritesTopic:Copywrites

Speaker 2 - Derek Loomba Speaker 2 - Derek Loomba Topic:PatentsTopic:Patents

Speaker 3 -Speaker 3 - Anthony MorrowAnthony MorrowTopic:Trade SecretsTopic:Trade Secrets

Speaker 4 -Speaker 4 - David NataniDavid NataniTopic:Software PiracyTopic:Software Piracy

Speaker 5 -Speaker 5 - Ari PerlsteinAri PerlsteinTopic:Software Licenses and PatentsTopic:Software Licenses and Patents

Speaker 6 -Speaker 6 - Brent RoodBrent RoodTopic:Transnational Issues involving Intellectual Topic:Transnational Issues involving Intellectual Property Property

Speaker 7 -Speaker 7 - Darren SchwartzDarren SchwartzTopic:Software Patents (focus on EEC)Topic:Software Patents (focus on EEC)


““Intellectual Property Intellectual Property often known as IP, often known as IP, allows people to own their creativity and allows people to own their creativity and innovation in the same way that they can innovation in the same way that they can own physical property. The owner of IP own physical property. The owner of IP can control and be rewarded for its use, and can control and be rewarded for its use, and this encourages further innovation and this encourages further innovation and creativity to the benefit of us all.”creativity to the benefit of us all.”

--intellectual-property.gov.uk/intellectual-property.gov.uk/

Definition:


CopyrightsCopyrights

Steven LiberatiSteven Liberati


Why Copyright?Why Copyright?

Allow the author toAllow the author to reproduce the copyrighted workreproduce the copyrighted work distribute copies of the work to the publicdistribute copies of the work to the public display copies of the work in publicdisplay copies of the work in public perform the work in publicperform the work in public produce new works derived from the produce new works derived from the

copyrighted workcopyrighted work


PiracyPiracy

Who does it affect? Who does it affect? – Music Industry, Movie Industry, Software Music Industry, Movie Industry, Software

IndustryIndustry– Copyright AbusersCopyright Abusers– US!!!US!!!

PreventionPrevention– No Electronic Theft Act, made it a criminal No Electronic Theft Act, made it a criminal

offense to reproduce and distribute offense to reproduce and distribute copyrighted materialcopyrighted material


ConclusionConclusion

– Copyright infringement is an ongoing battleCopyright infringement is an ongoing battle

– Technology is growing at a much faster rate Technology is growing at a much faster rate than Congress is making and redefining laws than Congress is making and redefining laws to prevent various types of piracyto prevent various types of piracy

– Easy access to duplicating devicesEasy access to duplicating devices


Intellectual Property - PatentsIntellectual Property - Patents

Derek LoombaDerek Loomba


PatentsPatents

What is a patent?What is a patent?

A patent, as defined by the USPTO, is “the right to exclude others from A patent, as defined by the USPTO, is “the right to exclude others from

making, using, offering for sale, or selling” the invention in the United making, using, offering for sale, or selling” the invention in the United

States or “importing” the invention into the United States.States or “importing” the invention into the United States.

Three types of patentsThree types of patentsUtilityUtility

DesignDesign

PlantPlant


Differences between Patents, Differences between Patents, Trademarks and CopyrightsTrademarks and Copyrights

Patent Patent – Protect inventionProtect invention

TrademarkTrademark– Distinguish goods from othersDistinguish goods from others

CopyrightCopyright– Protect author and his/her original worksProtect author and his/her original works


International PatentsInternational Patents

No such thing as all-encompassing No such thing as all-encompassing international patentinternational patent

Must apply to each country where Must apply to each country where patent is desiredpatent is desired– Patent Cooperation TreatyPatent Cooperation Treaty– Paris ConventionParis Convention– European Patent ConventionEuropean Patent Convention


Future of PatentsFuture of Patents

Wireless TechnologyWireless Technology

DNA Research and TechnologyDNA Research and Technology– Ethical IssuesEthical Issues– Patents carry high level of implicationPatents carry high level of implication


Trade SecretsTrade Secrets

Anthony MorrowAnthony Morrow


Trade Secrets: OverviewTrade Secrets: Overview

IntroductionIntroduction– DefinitionDefinition– What makes something a Trade Secret?What makes something a Trade Secret?– A brief history relating to examples of famous A brief history relating to examples of famous

Trade SecretsTrade Secrets



Trade Secret disclosuresTrade Secret disclosures– IllegalIllegal– LegalLegal– Trade Secret laws Vs. First AmendmentTrade Secret laws Vs. First Amendment



ConclusionConclusion– Future perspective and recent security issuesFuture perspective and recent security issues– The benefits and risks of having a Trade The benefits and risks of having a Trade

SecretSecret


Software PiracySoftware Piracy

David NataniDavid Natani


Origin of Software PiracyOrigin of Software Piracy

What is Software Piracy What is Software Piracy – the copying and/or distributing of copyrighted the copying and/or distributing of copyrighted

software without the permission of the software without the permission of the copyright holder.copyright holder.

Computer Software Copyright Act of 1980Computer Software Copyright Act of 1980 – Software companies needed a way to protect Software companies needed a way to protect

their codetheir code– Software does not clearly fall into any Software does not clearly fall into any

Intellectual Property categoriesIntellectual Property categories


The Reason for Software PiracyThe Reason for Software Piracy

Technological AdvancementTechnological Advancement

Regional Enforcement of the LawsRegional Enforcement of the Laws

Economic Conditions of the CountryEconomic Conditions of the Country


Software Piracy PercentagesSoftware Piracy Percentagesby Regionby Region

-Business Software Alliance figures<http://www.bsa.lt/download.php3?file_id=181>


Effects of Software PiracyEffects of Software Piracy

Loss of Revenue Loss of Revenue – On average the world suffers losses of $11-On average the world suffers losses of $11-

$12 billion annually$12 billion annually

Loss of Jobs Loss of Jobs

Loss of Technological DevelopmentLoss of Technological Development


Anti PiracyAnti Piracy

How to stop PiracyHow to stop Piracy– Enforcement of the lawEnforcement of the law– Technological solutions to validate softwareTechnological solutions to validate software

Ex. Microsoft will start to validate version of Ex. Microsoft will start to validate version of WindowsWindows

If successful jobs and money will be If successful jobs and money will be available globallyavailable globally– BSA/IDC projected researchBSA/IDC projected research


Software Licenses and PatentsSoftware Licenses and Patents

Ari PerlsteinAri Perlstein


Copyright ProtectionCopyright Protection

Copyrights merely subsistCopyrights merely subsistThe copyright holder has an exclusive right to make The copyright holder has an exclusive right to make copies.copies.

The copyright holder has an exclusive right to prepare The copyright holder has an exclusive right to prepare derivative works.derivative works.

The copyright holder has an exclusive right to distribute The copyright holder has an exclusive right to distribute copies of the original work or derivative works.copies of the original work or derivative works.

In the case of certain kinds of works, the copyright holder In the case of certain kinds of works, the copyright holder has an exclusive right to perform the work publicly.has an exclusive right to perform the work publicly.

In the case of certain kinds of works, the copyright holder In the case of certain kinds of works, the copyright holder has an exclusive right to display the work publicly has an exclusive right to display the work publicly

© Copyright <year> <author>. © Copyright <year> <author>.


Patent ProtectionPatent Protection

Patent applicationPatent applicationNovelty and Unobvious-nessNovelty and Unobvious-ness

Prior ArtPrior Art

Patent ProtectionPatent ProtectionThe patent holder has the right to exclude others from The patent holder has the right to exclude others from making products embodying patented invention.making products embodying patented invention.

The patent holder has the right to exclude others from The patent holder has the right to exclude others from using products embodying patented invention.using products embodying patented invention.

The patent holder has the right to exclude others from The patent holder has the right to exclude others from selling or offering for sale of products embodying patented selling or offering for sale of products embodying patented invention.invention.

The patent holder has the right to exclude others from The patent holder has the right to exclude others from importing products embodying patented invention.importing products embodying patented invention.


Software LicensesSoftware Licenses

A LicenseA LicenseThe legal way in which a copyright or patent holder grants The legal way in which a copyright or patent holder grants permission to others to use his intellectual property.permission to others to use his intellectual property.

– Proprietary Software LicenseProprietary Software LicenseTo grant access in a restricted way, through secrecy or To grant access in a restricted way, through secrecy or other limitations.other limitations.

Software freedom is not protected.Software freedom is not protected.

Microsoft Windows XP Pro, Adobe Photoshop…Microsoft Windows XP Pro, Adobe Photoshop…

– Open Source Software LicenseOpen Source Software LicenseTo grant access in such a way that software freedom is To grant access in such a way that software freedom is protected for all.protected for all.

Mandrake 10.2, PuTTY 0.57…Mandrake 10.2, PuTTY 0.57…


Open Source LicensesOpen Source Licenses– Typically free, for any purpose, software.Typically free, for any purpose, software.

Academic LicensesAcademic Licenses– Licenses originally created at an academic institution.Licenses originally created at an academic institution.– Completely unrestricted use.Completely unrestricted use.– MIT License, BSD License…MIT License, BSD License…Reciprocal LicensesReciprocal Licenses– Completely unrestricted use, except any derivative works Completely unrestricted use, except any derivative works

must be released under the same license.must be released under the same license.– FSF/GNU General Public License (GPL)FSF/GNU General Public License (GPL)Standard LicensesStandard Licenses– Used for industry standard software, generally requiring Used for industry standard software, generally requiring

appropriate documentation and reference works for the appropriate documentation and reference works for the standard to evolve.standard to evolve.

Content LicensesContent Licenses– Used for copyrightable subject matter associated with Used for copyrightable subject matter associated with

software in order to keep it free of use for any purpose.software in order to keep it free of use for any purpose.– Academic Free License (AFL), Open Software License (OSL) Academic Free License (AFL), Open Software License (OSL)


Proprietary LicensesProprietary Licenses– Typically closed source or restricted use software. Typically closed source or restricted use software.

PaywarePayware– Software under strict contract of use, often called the EULA.Software under strict contract of use, often called the EULA.

– This software can be bought and used, but can usually not be This software can be bought and used, but can usually not be distributed/changed in any way.distributed/changed in any way.

FreewareFreeware– Software that is under proprietary contract, is not free to Software that is under proprietary contract, is not free to

alter/distribute, but is free to use. AKA Guiltware.alter/distribute, but is free to use. AKA Guiltware.

SharewareShareware– Downloadable/usable software on a trial basis. Downloadable/usable software on a trial basis.

– Software will become unusable if compensation is not made.Software will become unusable if compensation is not made.

Shared SourceShared Source– Allows portions of code to be readily available to the public. Allows portions of code to be readily available to the public.

Microsoft Shared Source LicenseMicrosoft Shared Source License


Transnational Issues Transnational Issues Involving Intellectual PropertyInvolving Intellectual Property

By Brent RoodBy Brent Rood


OverviewOverview

International Intellectual Property theft is at an all time high:International Intellectual Property theft is at an all time high:– World Trade Organization reports:World Trade Organization reports:

The total value of trade in counterfeit goods is currently estimated at US$450 billion, The total value of trade in counterfeit goods is currently estimated at US$450 billion, representing between 5 and 7% of total global trade. representing between 5 and 7% of total global trade.

Ubiquitous Internet ConnectivityUbiquitous Internet Connectivity– Virtually Anonymous AccessVirtually Anonymous Access

Users can share information and data while keeping their identity unknown Users can share information and data while keeping their identity unknown (in most cases only the IP address is public)(in most cases only the IP address is public)

– Internet Obscures National BordersInternet Obscures National BordersGlobal Connectivity allows users from around the world to interact and share data with Global Connectivity allows users from around the world to interact and share data with each other without regards to national borderseach other without regards to national borders

– Ease of DistributionEase of DistributionTransnational Intellectual Property distribution is simply a matter of sharing Transnational Intellectual Property distribution is simply a matter of sharing data on the internet . The international software pirate need only download data on the internet . The international software pirate need only download the copyrighted material online with little to no chance of being caught.the copyrighted material online with little to no chance of being caught.

Internet RegulationInternet Regulation– Given the sheer number of countries involved and their variety of domestic legal Given the sheer number of countries involved and their variety of domestic legal

systems, copyright laws vary widely from country to country.systems, copyright laws vary widely from country to country.– International software pirates often evade being caught and even if they are International software pirates often evade being caught and even if they are

caught, often their respective country does not have the proper copyright laws in caught, often their respective country does not have the proper copyright laws in place for prosecution.place for prosecution.


International LawInternational Law

Currently 80 countries have copyright legislation in place.Currently 80 countries have copyright legislation in place.International AgreementsInternational Agreements

– Universal Copyright Convention (UCC) Universal Copyright Convention (UCC) ~ 1971~ 19711.1. Express a universal convention and standard for copyright laws of the involved Express a universal convention and standard for copyright laws of the involved

nations.nations.2.2. Ensures that the international systems already in place would not be Ensures that the international systems already in place would not be

circumvented.circumvented.

– Berne Convention ~ 1988Berne Convention ~ 19881.1. Protects artistic and literary works on an international level.Protects artistic and literary works on an international level.

– Trade-Related Aspects of Intellectual Property Rights (TRIPS) Trade-Related Aspects of Intellectual Property Rights (TRIPS) 1.1. Developed by the World Trade Organization (WTO) in 1994Developed by the World Trade Organization (WTO) in 19942.2. Dictates minimum levels of protection that each government has to give to the Dictates minimum levels of protection that each government has to give to the

intellectual property of fellow WTO members.intellectual property of fellow WTO members.

United States LawUnited States Law– Copyright Act of 1976 Copyright Act of 1976

1.1. Makes illegal duplication of copyrighted material not only illegal, but a felony on Makes illegal duplication of copyrighted material not only illegal, but a felony on the first offense.the first offense.

– Communications Act of 1984 Communications Act of 1984 1.1. Protects the personal information of customers of cable service providers. Protects the personal information of customers of cable service providers.


International OrganizationsInternational Organizations

World Trade Organization World Trade Organization – Sorts out trade problems that its member-nations face with Sorts out trade problems that its member-nations face with

each other.each other.– Developed previously mentioned TRIPS agreement to serve the Developed previously mentioned TRIPS agreement to serve the

intellectual property aspect of its mission.intellectual property aspect of its mission.

World Customs OrganizationWorld Customs Organization– Special Intellectual Property Department: Special Intellectual Property Department:

Intellectual Property Rights Strategic Group (WCO-IPR) Intellectual Property Rights Strategic Group (WCO-IPR) – Seeks to help countries in the drafting and signing of new Seeks to help countries in the drafting and signing of new

customs legislation which serves to:customs legislation which serves to:1.1. Raise international awareness of customs issues involving intellectual Raise international awareness of customs issues involving intellectual

property.property.2.2. Presents a guide stick for suggesting standards to those countries Presents a guide stick for suggesting standards to those countries

interested in enforcing international intellectual property legislation.interested in enforcing international intellectual property legislation.


World Customs Organization MembersWorld Customs Organization Members


International Organizations (cont.)International Organizations (cont.)

Motion Picture Association (MPA)Motion Picture Association (MPA)– Motion Picture Association of America’s (MPAA) international Motion Picture Association of America’s (MPAA) international

counterpart.counterpart.– U.S. motion picture industry loses in excess of $3 billion U.S. motion picture industry loses in excess of $3 billion

annually in potential worldwide revenue due to international annually in potential worldwide revenue due to international piracy.piracy.

– In 2000, the MPA launched over 60,000 investigations into In 2000, the MPA launched over 60,000 investigations into suspected pirate activities, and more than 18,000 raids against suspected pirate activities, and more than 18,000 raids against pirate operations in coordination with local authorities around pirate operations in coordination with local authorities around the world. the world.

Recording Industry Association of America (RIAA) Recording Industry Association of America (RIAA) – Various international counterparts (RIA of Japan, of Australia, Various international counterparts (RIA of Japan, of Australia,

of Canada, etc) of Canada, etc) – Reporting losses of $4.5 billion US dollars annually due to Reporting losses of $4.5 billion US dollars annually due to

piracy piracy


Future and ConclusionsFuture and Conclusions

General consensus for the futureGeneral consensus for the future– The current state of affairs involving the globalization of The current state of affairs involving the globalization of

information points to an “international standard of information points to an “international standard of strengthened intellectual property laws and the erosion of strengthened intellectual property laws and the erosion of sovereignty notions” (Nayyer)sovereignty notions” (Nayyer)

– This standard will be enforced through more stringent This standard will be enforced through more stringent international treaties and more powerful international international treaties and more powerful international organizations.organizations.

““As transnational intellectual property regimes begin As transnational intellectual property regimes begin setting minimum standards of protection, traditional setting minimum standards of protection, traditional territorial and political notions of sovereignty are territorial and political notions of sovereignty are eroded. This occurs in large part because entities eroded. This occurs in large part because entities holding increasingly large blocks of intellectual property holding increasingly large blocks of intellectual property rights are not nations, but instead are 'private' rights are not nations, but instead are 'private' multinational corporations.” multinational corporations.”

- Kanna Aoki- Kanna Aoki


Software PatentsSoftware PatentsA Focus on theA Focus on the

European CommunityEuropean Community

Darren B. SchwartzDarren B. Schwartz


Intellectual PropertyIntellectual Property

Software Copyrights versusSoftware Copyrights versusSoftware PatentsSoftware PatentsSoftware CopyrightsSoftware Copyrights– Automatically grantedAutomatically granted– Protected during author’s life span plus 70 Protected during author’s life span plus 70

years.years.

Software PatentsSoftware Patents– Government grants absolute control for 20 Government grants absolute control for 20

years.years.


Diamond versus Diehr (1981)Diamond versus Diehr (1981)

Landmark United States Supreme Court Landmark United States Supreme Court DecisionDecision

United States Patent and Trademark United States Patent and Trademark OfficeOffice

European Commission has refused any European Commission has refused any legislative attempts to patent softwarelegislative attempts to patent software


European Community CountriesEuropean Community Countries


European CommissionEuropean Commission

Legal body of European CommunityLegal body of European Community– One Commissioner to One CountryOne Commissioner to One Country

““A-item” versus “B-item”A-item” versus “B-item”

Where do software patents fall?Where do software patents fall?

““Directive on the Patentability of Directive on the Patentability of Computer-Implemented Inventions”Computer-Implemented Inventions”


United NationsUnited Nations

WIPOWIPO– Established on July 14, 1967Established on July 14, 1967– Controls the Patent Cooperation TreatyControls the Patent Cooperation Treaty

Five Committees:Five Committees:– SCPSCP– SCCRSCCR– ACEACE– IGCIGC– TraditionalTraditional


European Patent ConventionEuropean Patent Convention

Convention on the Grant of European Convention on the Grant of European PatentsPatents

Established on October 5, 1973Established on October 5, 1973

European Patent OrganisationEuropean Patent Organisation

Procedure to grant software patentsProcedure to grant software patents

Article 52Article 52


The Future of Software Patents in The Future of Software Patents in the European Communitythe European Community

European Commission empowered until European Commission empowered until October 31, 2009October 31, 2009

Recently, EU defeated the introduction of Recently, EU defeated the introduction of software patent legislation.software patent legislation.

Intellectual Property CS495 Group 3. CS495 Group 3: Intellectual Property Intellectual Property...

Documents

Transcript of Intellectual Property CS495 Group 3. CS495 Group 3: Intellectual Property Intellectual Property...