Intellectual property PowerPoint Presentation, PPT - DocSlides

Intellectual property PowerPoint Presentation, PPT - DocSlides

2016-06-18 71K 71 0 0

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31 January. COMP 381. Ownership and property. Rights of ownership: Blackstonian Bundle. Exclude anyone from the property. Use it as sees fit. Receive income from. Transfer property to someone else. Intellectual property: intellectual objects. ID: 366778

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Presentations text content in Intellectual property

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Intellectual property31 January

COMP 381

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Ownership and propertyRights of ownership: Blackstonian BundleExclude anyone from the propertyUse it as sees fitReceive income fromTransfer property to someone elseIntellectual property: intellectual objects

What is Intellectual Property?

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Physical objects Zero-sum gain: one user at a timeSignificant cost in both development and replicationIntellectual objectsUsed by many at onceSignificant cost in development, marginal cost in replication

Is Intellectual Property Different than Real Property?

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Need for Protection

Bentham: knowledge of future ownership is incentive to increase value

Landes/Posner: need to recover the development costs

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Locke’s Labor-Desert TheoryHegel’s Personality TheoryUtilitarian: greatest good

Ethical Support for IP

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Locke

Natural right to the fruits of your labor

Labor unpleasant, therefore reap rewards

Lockean proviso

Only take what you need

Assumption of plenitude

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Hegel

Property rights essential for personal expression

What we produce is an extension of our personality

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Utilitarianism

Provide enough protection to make large investments worthwhile

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Free flow of ideasFirst amendment freedom of speechCreative ideas build on society and cultureNoel Capon

Ethical Support against IP

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Copying copyrighted materialsUsing copyrighted materialsDigital rights managementBusiness method patents and e-commerceOwnership of domain namesHyperlinksMetatags

Ethical Dilemmas

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CopyrightPatentTrademark

Legal Protection

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Copyright Term Extension Act1790: 14 + renew1909: 28 + renew1976 : author + 50, corporate 751998: author + 70, corporate 95Digital Millennium Copyright Act (1996)CopyingEnabling copying

Copyright

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Physical objectsProcess, machine or composition of matterNOT laws of nature, scientific principles, algorithmsCriteriaNovelNot previously describedNon-obviousUseful

Patents

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Word, phrase or symbol“Pithily” identifiesInfringement: used by someone elseDilutionsBlurring – dissimilar productsTarnishment – negative or compromising

Trademarks

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Responsibility of those enabling itSoftwareNetwork providersCases: softwareNapsterGrocksterBit Torrent Cases: network providersVerizon

Copying copyrighted materials

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Sampling: small bits of musicGood Copy, Bad CopySteal This Film IIDigital manipulation

Using Copyright Material

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Lessig’s law and codeDigital is easier to reproduce, distribute, …Software or hardware to protectBut allows content provider to constrain who can useFair useDeCSS casetrack who is viewing

Digital Rights Management

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Processes vs. algorithmsEase of useExamplesName Your Price (Priceline)One-click (Amazon)

Business Process Patents

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Cybersquatting.net, .org, .com, …Punctuation (hyphenation, etc.)Phrases, nicknamesParody, criticism, complaint (cybergriping)Property rights vs. free speechBringing people to the site under false pretensesIncluding the name in the url vs. appearing to be the site

Domain Names

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Responsibility to usersMaking it clear that its another siteProtection from inappropriate materialResponsibility to other site ownersBypassing advertisementsTicketmaster and Microsoft

Hyperlinks

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What are they?Invisible content used for searching and advertisingGeting more leverageSearch enginesBanner adsTechniquesMultiple tags to get more leverageTags that are unrelated

Metatags

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