IP::= copyright | patent | trademark | trade_secret.
The book omits the last of these. You need to know about it because source
code and algorithms have been protected as a trade secret. However,
it is weak and enforced by state law in the USA rather than the federal government:
A trade secret holder is
only protected from unauthorized disclosure and use of the
trade secret by others and from another person obtaining
the trade secret by some improper means.
[ lawsec.pdf ]
Copyrights, patents and trade marks are published and so need protection.
A trade secret must not be published. The owner must actively keep it a
secret. If the secret gets out... then they can go to court for
infringement. A trade secret is no longer protected if you fail to keep
it a secret.
- What & Why
- Legal Protection
- Copyright: of the expression of a published idea belongs to its author.
- Patent: for a process not an idea -- publication is good for society and
will be rewarded.
- Trademark: for a word or symbol
- Missing in book
[ Trade Secrets ]
- Moral Justification
- Labor Desert
- Personality Theory
- Recent Legislation
- DMCA::act= See http://www.loc.gov/copyright/legislation/dmca.pdf,
extends copyright law into cyberspace and to fit international treaties(WIPO).
[ http://anti-dmca.org/ ]
the Anti-DMCA site.
- NII::paper= See http://www.uspto.gov/web/offices/com/doc/ipnii/,
a white paper on internet and intellectual property.
- CTEA::act= See http://www.loc.gov/copyright/legislation/s505.pdf,
extended the term to 70 years after death of author, etc. and was challenged
in Eldred_v_Ashcroft below.
- Eldred_v_Ashcroft::Supreme Court Decision Jan 2003=decided that CTEA is not unconstitutional. Search LexisNexis universe
[ http://web.lexis-nexis.com/universe/ ]
- Name and describe the four(4) kinds of intellectual property. Mention how
they are obtained, what conditions apply for each, and how long each lasts.
- Why and how did the framers of the USA constitution choose to reward people for publishing their inventions?
- You write a neat editor and give it away to anyone who
wants it. You explicitly refuse to copyright or patent it because you think this
is wrong. Then you discover that a company has copied it and is selling it
as part of another product. What do you do with the next tool you create?
- Define: public domain.
- If someone drops a wallet and you pick it up and remove the money: have
you stolen the money? If someone drops a picture onto the web and you pick
up a copy and sell it: have you stolen it?
Work for next time
IP on the Internet -- Read: 105-137 -- Write and hand in Notes.
Go onto the WWW and research the GPL.
. . . . . . . . . ( end of section Intellectual Property) <<Contents | Index>>