ISY10212 Lecture Week 8, 2006
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Transcript of ISY10212 Lecture Week 8, 2006
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8/12/2019 ISY10212 Lecture Week 8, 2006
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G. Cooper 2006 ISY10212: Contemporary Issues in MM & ITLecture: Week 8
Slide 1
Week 8
ISY10212
Contemporary Issues in Multimedia and
Information Technology
Ownership
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Slide 2
Ownership
Historical-cultural context of ownership
Historical-cultural context of owning Objects
Stimuli
Ideas
Legal perspective of ownership
Goods Copyright
Trademark
Domain Name
Fair use
Hardware as an aid for piracy
Digitisation as an aid for piracy
Peer to peer file swapping as an aid for piracy
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Slide 3
Historical-cultural context of ownership
In general, across history, cultures, religions, legal
systems:
it is not acceptable to stealfrom those within your social context
that is, people within your historical, cultural, religious and legalstructurewhom are viewed as equal
It may be acceptableto take from those outside your social context
Wars have been a systematic way for one nation to take fromother nations
Tribute (taxes) has been a systematic way of a ruling class totake from lower classes
Slavery has been a systematic way of a ruling class (orconquering nation) to take thepeoplesof lower classes (orconquered nation).
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Slide 4
Historical-cultural context of ownership
Modernisation and Globalisation lead progressively to a
wider, more all-inclusive view of whom are viewed asequal. United Nations and International Law attempt to treat each nation
to be equal
This is not without problems as there is sometimes
disagreement on what constitutes a nation World map has been and continues to bein a continual state of flux
Disputes over Taiwan, Kashmir, Tibet, East Timor
IdealisticallyAll people are born equaland so stealingbecomes unacceptable (period).
This is not without problems as there is sometimesdisagreement on what constitutes moral need Taking (stealing) bread due to hunger for self or others
Taking (stealing) water due to thirst for self or others
Taking medicines due to illness for self or others
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Slide 5
Historical-cultural context of owning objects
Goods/ Productsproper nouns Place
Land, houses Transport
Horses, cars Personal possessions
Tables, chairs, cloths, shoes Sustenance
Food, drink Modern day extension
Stereo, television, Game Boy, mobile phone
Animalsliving creatures Cows, Sheep, Goats, Dogs,
Peoplegenerally no longer politically correct Spouse Children Peasants
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Slide 6
Historical-cultural context of owning stimuli
Words Spoken
Written
Sounds Melody = music
Songs = music + words
Images Pictures
Paintings Photographs
Logos
Scents Perfumes
Tastes Recipes
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Slide 7
Historical-cultural context of owning ideas
Patent over a Product
Provides ownership over an invented new product for a set periodof time. Bic pensgenerically, Ball-Point Pens Windsurfersgenerically, Sail Boards Liquid papergenerically, White Out
Note that when a new invention that is brought to the marketplace is highly successful, it can so dominate, that the BRANDname and the generic term can become perceived asinterchangeable.
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Slide 8
Historical-cultural context of owning ideas
Patent over a Process
Provides ownership over an invented new idea or process for aset period of time. Invitro fertilisation - the means by which conception may be
obtained in a Petri dish Biotechnology - the means by which different genetic
materials may be spliced together Stem cell research - the means by which generic human cells
may be grown and intentionally made function specific
Note that these offer a way of obtaining an outcome rather thanthe end product itself.
The end product may not be new at all.Its just a different wayof getting there.
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Slide 9
Historical-cultural context of owning ideas
Scope for both
A new process may enable a range of new products.
One new process of splicing together genes may lead to manynew different products of plant varieties based upon: Size of fruit
Speed at which plant grows Resistance to specific pests.
Both the patent of process and the patent of various productsmay be licensed out for others to use.
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Slide 10
Legal ownership of Goods
Goods
These refer to the typical commodities that are acquired and/orproduced by:
Industry
Manufacturing
Business, and
Commerce.
These may typically be bought and sold in the market placeandre-sold to a third party at a later date, as a second hand item.
Specific conditions may apply Customer protection requirements with respect to safety, guarantee
Restrictions with respect to allowed countries as point of sale.
Note, in general, insurance can not be on-sold.
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Slide 11
Legal ownership of Copyright
Copyright
Typically refers to the wordsthat one has produced (usually in writing)
In this generic context the words may be made up of: musical notation lines of computer code or, photographic materials
Copyright protection is automatic by indicating that the material is copyrighted:
2006, Graham Cooper, all rights reserved
Copyright is generally specified within a product-for-sale such as a book, music CD,or computer application. A Licensing agreement specifies the terms and conditions of purchase
If you are not willing to accept the terms and conditions then do NOT purchasethe goods as you have not accepted the contract, and so it becomes void. but who here DOES ENSURE THAT HE/SHE READS (AND ACCEPTS) the
licensing agreement before installing software?
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Slide 12
Legal ownership of Copyright
Copyright
Copyright may be taken out on the way in which an idea isexpressed, but this does not grant ownership over the idea itself.
Copyrighted products may typically be bought and sold in themarket placeand re-sold to a third party at a later date, BUTmust be in their complete form
i.e., can not subdivide the original product into multiple smallerpieces.
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Slide 13
Legal ownership of Copyright
Copyright
If an employee produces copyrighted materials as part of their employment,then copyright may fall to their employer.
If a consultant produces copyrighted materials as part of their consultancy,then copyright may fall to the consultant.
To avoid confusion, disappointment, litigationthis should be specifiedexplicitly in the terms of employment.
Copyright typically lasts the lifetime of the owner, plus 70 years, and then isdeemed to be in the public domain.
Mickey Mouse was to be in public domain 50 years after the deathof Walt Disneybut was challenged and became death + 70
years. It may be anticipated that such challenges may be raised again in
the future.(http://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DC)
http://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DC -
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Slide 14
Legal ownership of Copyright
Copyright
An owner of copyrighted material, such as:
a book,
a music score
lines of computer code
photographs computer generated animation.
.MAY licence another to use such materials (usually for a fee) which
may be based upon:
a single one-off payment royalties (cost per item sold)
profit share (% of profit made)
or a combination of these.
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Slide 15
Legal ownership of Copyright
Copyright
When utilising links in a web environment it is essential to ensurethat another persons work (or companies work) can NOT be
interpreted to be your own personal work or that of your owncompany.
It is illegal to present material from another site within a frame of ahome site that may thus be construed to be part of the homematerial.
Lots of multimedia products are a composite of the works of manyindividuals for text, photographs, video.
The copyright for EACH item needs to be obtained.
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Slide 16
Legal ownership of Trademarks
Trademark
This typically refers to the logo under which a company operates and a product issold.
In this generic context the logo may be made up of an icon, a company namewritten in a specific font style, the font style itself, a combination of specific colours,or any other unique feature by which the company is easily identifiable.
For exampleBHP, Windows, Kellogs, McDonalds all written with specific fonts,are trade marks
Trademarks are controlled by government bodies and are country specific.
Trademark protection, once registered is indicated byRegistered Trademark
Trademarks are valuable market place identifiers for branding purposes.
It is illegal to use anothers trademark, or one that is too close to an existingtrademark, as your own.
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Slide 17
Legal ownership of Domain Name
Domain Names
This is a relatively new example of ownership that has arisen
from the world wide web.
Originally, people couldand did, invest in buying domain names
in the hope that they may become valuable one dayespecially toa company whose name is identical to the domain name
Laws have been modified so that, in general, domain namescan not be bought and sat upon indefinitely. Rather, they
must be made active and sensibly aligned to an existing person
or company name.
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Slide 18
Fair Use provision
Fair Use
typically refers to the capacity to utilise sections (extracts) ofowned (copyrighted) materials for the purpose of research and/oreducation.
References (citation) must be provided of where the materialshave come from.
Specific requirements govern the amount of content that may beused for different types of materials.
For example, typically, one chapter or 10% of a book may becopied for educational purposes.
For materials that are artistic such as a painting or a poem,more restrictive requirements apply.
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Slide 19
Piracy
Piracy
This term comes from the historical context of ships being boardedin open seas by bands of thieves who typically took what theywanted (under threat of force) without paying for the privilege.
i.e. THEFT!
Piracy has been enlarged to include the concept of ownedcopyrighted materials being duplicated without payment for alicensing agreement.
Such materials may or may not be on-sold to other persons.
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Slide 20
Hardware as an aid for piracy
In a sense, forging a duplicate painting is an act of Piracythough itmay take some time for it to be produced and for the paint to dry.
Counterfeiting of money is another examplewhich has been aroundfor some time.
The problem of piracy has escalated due, at least in part, to theevolution of technology that has enabled duplicate materials to beproduced. Such as: Printing press and plates
Photocopy machines
Audio and video cassette tapes.
A debate has been in place for several decades, with the technologyenabling piracybut the users being the persons who perform piracy.
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Slide 21
Digitisation as an aid for piracy
The advent of digitised products for music (CD) and films (DVD)along withthe evolution of computer software has brought a vast increase in the capacity
to produce replicates in both qualityand quantity.
Digital format MEANSeasy perfect duplication.
The cost of the associated hardware (CD and DVD burners) has fallendramatically in recent years (each available for less than $Aus100) thusmaking the production of Pirate music CDs and Movie DVDs easily achievableby common people.
While Piracy remains illegal in most countries of the world, some developingcountries have not appeared to pursue Piracy with as much vigour as theycould. For example: Indonesia, China
Pirated music and movie discs are openly available for purchase in somecountries.
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Slide 22
Peer to Peer file swapping as an aid for piracy
The advent of MP3 music files for playing audio on computers hasenabled acceptable fidelity in music with files size reduced toapproximately 10% their music CD format.
This reduction in file size greatly enabled peer to peer file swapping ofmusic files.
Other aspects of popular music culture that have contributed to a risein pirating of music are the relative youth and lack of financialresources, and the rapidly growing level of technical skills of thisdemographic.
A culture of pirating software applications has also evolved, due inpart, to the high cost of purchase of some software applications.
Pirating of music, movies, and software applications is illegal.
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Slide 23
Kazaa Ka-poop!
In February 2004, the Australian Record Industry
Association (ARIA) announced its own legal action againstKazaa, alleging massive copyright breaches. The trialbegan on November 29, 2004. On February 6, 2005 thehomes of two Sharman Networks executives and theoffices of Sharman Networks in Australia were raided bythe ARIA to gather evidence for the trial. A ruling by theFederal Court of Australia is expected in July 2005.
http://en.wikipedia.org/wiki/Kazaa
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Slide 24
Home Work
Before next week, visit, browse and read where appropriate:
Intellectual Property Australia
http://www.ipaustralia.gov.au
Copyright and the Mouse: How Disney's Mickey MouseChanged the World
http://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DC
Kazaa
http://en.wikipedia.org/wiki/Kazaa
http://www.ipaustralia.gov.au/http://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://en.wikipedia.org/wiki/Kazaahttp://en.wikipedia.org/wiki/Kazaahttp://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Copyright_A_cat_E_DChttp://www.ipaustralia.gov.au/