Intellectual property
- 1. Assignment on Intellectual Property Name: Mohammad Salim Hosen ID: 162-15-1044 Section: PC-A Course Code: CSE 498
- 3. IP and Changing Technology Intellectual Property relates to intangible creative work that is protected for the creator's use under the law as a patent, copyright, trademark, or trade secret. Four types of protection: ◦ Copyright: the right to copy a work ◦ Patent: the right to use/recreate/manufacture an invention ◦ Trademark: the right to use a word, phrase, sound ◦ Trade secret: you don’t tell anybody, nobody should know
- 4. IP and Changing Technology Problems for IP owners with newly available IT: ◦ High-quality copying ◦ High-quantity distribution ◦ Faster / easier copying ◦ Less expensive
- 5. Copyright Copyright is the right to copy a work. Copyright protection is available for original works of authorship that are fixed in a tangible form weather published or unpublished. Copyright owners have the exclusive right to: – Make copies of the work – Produce derivative works – Distribute copies – Perform the work in public – Display the work in public
- 6. Examples of copyrighted work • Literary works – books, pamphlets, poems – other works consisting of text – computer programs (!) • Dramatic works – films, videos, plays, screenplays, scripts • Music works – Compositions (words & music, or music only) • Artistic works – Paintings, drawings, maps, photographs, sculptures, architectural works
- 7. Copyright vs. Patent • Copyright: – Protects works that owe their origin to the expressive efforts of an individual. – Key is that if the work is “original” (i.e., created independently) then it can be “copyrighted”. • Even if there is a closely similar work in existence. – Copyright owner has rights only against those who use their work without permission (i.e., defense against plagiarism). • Patents: – Protect the discoveries of inventors. – For as long as patent lasts, holder has a monopoly right. – This right prevents anyone from producing implementations of their invention, even if same discovery was made independently.
- 8. Fair Use For some uses of copyright work, permission is not required. Allows uses of copyright material contributing to the creation of new work In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an infringement.
- 9. Fair use Example • It is legal to: – Lend a commercial CD to a friend, give him a blank CD-R, let him use your computer, and help him burn the CD-R which he can keep for private use. – Copy a commercial CD, keep the copy, and give your friend the original. • BUT, you cannot legally make the copy yourself and give your friend the copy.
- 10. Solutions to IT's impact on copyright • There are three groups of solutions – Technological – Markets and Management – Regulations and Enforcement • Technological – Expiration date encoded. – Hardware dongle required. – “Activation” features. – Digital-rights management (DRM) – encryption and other schemes Can prevent saving, printing, making more than N copies, distribution, extracting excerpts, ffw over commercials
- 11. Solutions to IT's impact on copyright • Markets and Management – Subscribe to services – Collect fees from users and large organizations. – Meter usage of copyrighted material on a network. – Offer discounts to educational users. – Educate the public about the value of copyrighted material produced by creators and publishers. • Regulations and Enforcement – US: The Digital Millennium Copyright Act (DMCA) and other laws. – Canada: Will there be a Canadian DMCA? – Enforce current laws and punish abusers.
- 12. Free Software • Notion of “free software” has been advocated by Richard Stallman – “Free” means “free from certain copyright restrictions” • Examples: – GNU project – Emacs – “free” compilers and utilities – Linux – Apache webserver tools – GNOME
- 13. Patents • Q: Should software be Copyrighted or Patented? • Copyrights: – Protect the expression of an idea in a fixed or tangible form. – Are cheap, easy to obtain, and last a long time. – Allow fair dealing of the intellectual property. • Patents: – Protect new, non-obvious, and useful processes. – Are expensive, difficult to obtain, and last for short periods of time (20 years in Canada & USA) – Allow licensing to other developers
- 14. Copyright & software forms • Recall that software can take several forms: – source code – object code – microcode (i.e., within processors) • Each of these can be copyrighted – For instance, copyrighting object code deals with software piracy. • But what happens if: – The copyrighted source code is in C – yet someone rewrites it into Java? – Is copyright infringed? • US Courts have drawn no distinction between source and object code – Sculpture analogy: doesn’t matter if sculpture is in bronze or in marble
- 15. Copyright & software forms • But what about software versus hardware? • Software is copyrightable – Yet we know that the same software could be turned into hardware – and hardware falls under the purview of patent. – (Note: the hardwired version could not be copyrighted.) • Is software patentable? – 1970s: US Supreme Court initially ruled software as unpatentable • That is: algorithms were deemed to constitute abstract ideas or methods • This placed software outside of patentable subject matter
- 16. Patents • Possible patentable material: – machines – industrial processes – compositions of matter – articles of manufacture that are novel, useful, and non-obvious • Patents are obtained in many jurisdiction by submitting an application to a Patent Office – US: Patent and Trademark Office (PTO) – Canada: Patent Office • Patent must describe: – how to make the claimed invention – how to use it – claims delineating the inventions covered by the patent
- 17. Free software & Open Source Licenses • Berkeley software distribution license (BSD) – Code is free & can be modified, but must include a copyright notice • Gnu public license (GPL) – New works made from software under the GPL must also be released under the GPL and have source code available (=“copyleft”)
- 18. THANK YOU