CptS 401, Fall 2011 2/22/2011

Chapter 4.1 – 4.3.3: Intellectual Property I

See Dilbert cartoons about intellectual property:http://dilbert.com/strips/comic/2010-09-16/

http://dilbert.com/strips/comic/2009-01-24/

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CptS 401, Fall 2011 2/22/2011

Notice: You Can Earn English 300 Credit for Your Project

• 1 credit (make sure you’re below 18 credits or it will cost you lots of extra $$)

• You get access to the Avery Microcomputer Lab (Can also get access to lab by paying $50 lab fee)

• Get free technical support and training• Must e-mail me a note saying you want to do

this by next Thursday (put “English 300” in the subject line). Be sure to include your WSU ID in the e-mail.

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CptS 401, Fall 2011 2/22/2011

Term Project Poll

Would you like to attend a 90-minute training session on video editing in the Avery Lab?A: YesB: No

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CptS 401, Fall 2011 2/22/2011

Quiz Question 1

According to the book, it is important to legally protect intellectual property for the following reason(s):A. It ensures that the government will be

compensated for the creations of its citizensB. It helps the government monitor the creative

endeavors of its citizensC. It encourages the production of creative workD. All of the aboveE. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 1 Answer

C.

See p. 199.

A second reason, not listed in the question, is that "it protects the right of artists, authors, and inventors to compensation for what they create."

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CptS 401, Fall 2011 2/22/2011

Quiz Question 2

For how long are patents valid?A. For a specific period of timeB. For the lifetime of the inventorC. IndefinitelyD. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 2 Answer

A.

See p. 200

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CptS 401, Fall 2011 2/22/2011

Quiz Question 3

When we purchase a copy of a work that has copyright protection, we are actually purchasing: A. the intangible creative workB. the physical form of the creative workC. both the physical and intangible forms of the

creative workD. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 3 Answer

B."When we buy a novel, we are buying a physical collection of paper and ink or an electronic book file that contains a copy of the book's contents, but we are not buying the intellectual property—that is, the plot, the organization of ideas, the presentation, the characteristics that form the abstraction that is the intangible "book," or the "work." (p. 199)

Can we ever buy “the intangible creative work” of someone else?

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CptS 401, Fall 2011 2/22/2011

Quiz Question 4

The following technologies make it more difficult to enforce intellectual property laws:A. PhotocopiersB. Software tools for manipulating audio and

videoC. High-volume digital storage mediaD. All of the aboveE. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 4 Answer

D. All of the above

See bulleted list on pp. 201-202

Can you think of other technologies that make it difficult to enforce intellectual property laws? Have you used any of them?

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CptS 401, Fall 2011 2/22/2011

Quiz Question 5

The No Electronic Theft Act of 1997A. made it illegal to make multiple copies of copyrighted

material for commercial advantage or private gain.B. made it illegal to willfully infringe a copyright by making

or distributing one or more copies of copyrighted works valued at more than $1,000 within a six month period.

C. allows a company to be sued if 10 employees out of hundreds or more have an illegal copy of a program on their computers.

D. None of the above.

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CptS 401, Fall 2011 2/22/2011

Quiz Question 5 Answer

B.

See p. 204. (A) and (C) apply to copyright laws passed in 1992; see second paragraph of 204.

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CptS 401, Fall 2011 2/22/2011

Quiz Question 6

Key provisions of the Digital Millennium Copyright Act of 1998A. allow copyright owners to sue users if they post

copyrighted content on the web without permission.B. allow companies to create software and devices that can

be used to circumvent digital copyright protection services.

C. protect Web sites from lawsuits stemming from works posted by their users, so long as the Web sites remove infringing material when asked to do so.

D. All of the aboveE. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 6 Answer

C.

See p. 205.

What was another key provision of the DMCA?

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CptS 401, Fall 2011 2/22/2011

Quiz Question 7

The “fair use” doctrineA. allows certain uses of copyrighted materials that

contribute to the creation of new work.ensures that anyone can use copyrighted materials for their own purposes.

B. allows copyrighted materials to be used for any “fair” purpose for a nominal fee.

C. allows copyrighted materials to be used for modest commercial gain.

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CptS 401, Fall 2011 2/22/2011

Quiz Question 7 Answer

A.

“The fair-use doctrine allows uses of copyrighted material that contribute to the creation of new work (such as quoting part of a work in a review) and uses that are not likely to deprive authors or publishers of income for their work" (p.2 06, first paragraph of Section 4.2.2).

But what, exactly, is “fair use?” Let’s look...

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CptS 401, Fall 2011 2/22/2011

Quiz Question 8

Of the four considerations used to determine whether a particular use is “fair use,” the following generally receives the most weight:A. The purpose and nature of the use.B. The nature of the copyrighted work.C. The amount and significance of the portion used.D. The effect of the use on the potential market for

or value of the copyrighted workE. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 8 Answer

D.

See p. 207

Can you explain these four considerations in more detail?

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CptS 401, Fall 2011 2/22/2011

Quiz Question 9

A key outcome of the Sony v. Universal City Studios Supreme Court Case (1984) was that:A. Copying a movie off of television for later viewing is not fair

use of the copyrighted material. B. Copying a movie off of television for later viewing is fair use of

the copyrighted material. C. Makers of devices that can be used to infringe copyrights can

be held liable when people use their devices to infringe copyrights.

D. Private, noncommercial uses of copyrighted material should be presumed to violate copyright unless proven otherwise

E. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 9 Answer

B.

See p. 208.

Another key outcome was that "makers of a device with substantial legal uses (such as a video recorder) should not be penalized because some people use it to infringe copyright." The DMCA erodes this law in the case of tools that can be used to circumvent copy protection.

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CptS 401, Fall 2011 2/22/2011

Quiz Question 10

In the 1990s and early 2000s, a series of court cases involving video game companies established that: A. it is illegal to copy software for the purpose of

improving upon it.B. it is legal to reverse engineer software for the

purposes of creating new content for the software.C. it is illegal to reverse engineer software for

commercial gain.D. More than one of the aboveE. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 10 Answer

B.

In Sega Enterprises v. Accolade, Inc. (1992), Accolade reverse engineered Sega's game machine software in order to produce new games for the Sega game machine. Sega sued and Accolade won. Atari Games v. Nintendo (1992) had the same outcome. In a third case, Connectix reverse-engineered Sony's Playstation and built a new product that allowed one to play Playstation games on a computer (without the Playstation console). Connectix was sued by Sony, but Connectix won. These are all reported on pp. 208-209.

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CptS 401, Fall 2011 2/22/2011

Quiz Question 11

A legal case involving Napster in 2001 was significant because: A. It established that companies that provide resources for

peer-to-peer sharing of copyrighted materials could not be held liable for copyright infringement.

B. It established that peer-to-peer sharing of copyrighted materials constitutes “fair use.”

C. It established that it is illegal for a company to knowingly encourage and assist in copyright infringement.

D. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 11 Answer

C.

"The court ruled in 2001 that Napster 'knowingly encoruages and assists in the infringment of copyrights'" (p. 211, halfway down). "Napster was liable because it had the right and ability to supervise its system, including the copyright-infringing activities, and it had a financial interest in those activities" (p. 211).

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CptS 401, Fall 2011 2/22/2011

Quiz Question 12

According to the book, the following is true of Digital Rights Management (DRM): A. It is intended to prevent unauthorized copying and

distribution of copyrighted materials.B. It puts long-accepted fair uses of intellectual property at

risk, including lending and selling legally-obtained copies. C. It helps to provide limited-use options for authorized

distribution of copyrighted material.D. All of the aboveE. None of the above

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CptS 401, Fall 2011 2/22/2011

Quiz Question 12 Answer

D. All of the above.

The section entitled "Digital rights management" on pp. 216-217 lists all of these.

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CptS 401, Fall 2011 2/22/2011

Reminder

• Term Project Treatment due Thursday!• Any questions?

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CptS 401, Fall 2011 2/22/2011

Is YouTube in violation of the DMCA?Recent Lawsuit Decided!

http://www.wired.com/threatlevel/2010/06/dmca-protects-youtube/

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CptS 401, Fall 2011 2/22/2011

Discussion Exercise:Swap Meet vs. Napster

4.8 (p. 244): A swap meet owner was sued because a vendor sold pirated music CDs at the swap meet. The owner was found liable for “contributory copyright infringement.” Was Napster like a swap meet? Describe some similarities and differences between a swap meet and Napster.

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CptS 401, Fall 2011 2/22/2011

Discussion Exercise:Sandwich Shop (Clicker)

4.9 (p. 244). Your uncle owns a sandwich shop. He asks you to write an inventory program for him. You are glad to help him and do not charge for the program. The program works pretty well, and you discover later that your uncle has given copies to several friends who also operate small food shops. Do you believe the other merchants should pay you for the copies?A: YesB: NoC: Not sure

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CptS 401, Fall 2011 2/22/2011

Discussion Exercise: Online Political Discussion (Clicker)

4.10 (p. 244): A political group organized a forum on its Web site to encourage people to post and comment on individual newspaper articles relevant to political issues of concern to the group. Other participants added their comments, and debate and discussion of the articles continued. Two newspapers sued, arguing that posting the articles violated their copyrights. Analyze the case. How do the fair-use guidelines apply? Who should win?A: Political groupB: NewspapersC: Not sure

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CptS 401, Fall 2011 2/22/2011

Considerations for Determining Fair Use (pp. 206-07)

1. What is the purpose and nature of the use (commercial vs. nonprofit vs. educational)? Commercial less likely to be fair use

2. What is the nature of the copyrighted work? Creative work less likely to be fair use

3. How much of the copyrighted work is used? The more used, the less likely it’s fair use

4. What is the impact of the use on the potential market for or value of the copyrighted work? Uses that reduce sales less likely to be fair

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CptS 401, Fall 2011 2/22/2011

Discussion Exercise: Fair Use Ethics (Clicker)

4.14 (p. 244): You are a teacher. You would like your students to use a software package, but the school’s budget does not include enough money to buy copies for all the students. Your school is in a poor neighborhood, and you k now most of the parents cannot afford to buy the software for their children.a) List some ways you could try to obtain the software without making

unauthorized copies.b) Suppose the methods you try do not work. Will you copy the software or

decide not to use it? A. Will copy the software B. Will not use itC. Not sure

Give some arguments for and against your position. Explain why you think the arguments on your side are stronger.

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