IP in Cyberspace
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The four main kinds of Intellectual Property
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Feedback on test
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is published...
Home work Due
Write and hand in Notes based on pages 105-137.
Go onto the WWW and research the GPL.
How to balance Property with Freedom
- Copyright vs Digital copying: digital MP3 music -- RIAA vs Napster, Guntella, Kazaa, etc
- Missing in the Book: RIAA has now sued private individuals!
- DVD CSS vs DeCSS: DMCA.1201 forbids technology to circumvent copying. DeCSS was written to let DVDs to be viewed on Linux.
- Digital Rights Architecture and trusted systems.
- Software -- copyright, patent, or trade secret, OR some mixture of these.
- Software -- the free and open software movements. Note: I disagree with
the book about the risk of malicious code in open source because the code
is reviewed by many people who are likely to spot that something nasty is
going on.
- Software -- how to regulate malicious software?
- Business methods patents -- Amazon's one-click patent, Priceline vs Expedia, eBay vs MercExchange
- Missing: patenting genetic code!
- Protecting the integrity of intellectual property -- eg. Barbie.
- Use and abuse of HTML <meta-tags>, playboy vs welles,...
- Search engines can be biased or supply rivals as ads.
- Linking and framing other pages.
- Domain names as trademarks: dilution, tarnishing, parasitic,... ICANN UDRP.
- Domain names and cybersquatting: who owns big.mac.com?
- Case Studies
- The www.nga domain name dispute.
- Amazon vs Barnes & Noble
- Morpheus and MPAA. Search for Grokster on the WWW -- judgment in favor of Morpheus and Grokster.
(the book misspells Metro-Goldwyn-Mayer)
TBA
Exercises
- What have you discovered about GPL?
- If some data is illegal, is it also illegal to have a link that points to
it? Give a relevant citation(s).
- Diebold manufactures software based voting machines. A student has
published some of the code and an analysis of its faults. The student is
being sued for breach of copyright. Any comments?
- In the 1990's I gathered hundreds of announced sites and placed them in
lists on special pages on my site. Since then some of the URLs have been
taken over by new owners who have changed the content. Some are now
pornographic. What are my options? What should I do? why?
- p 132 1. Limits on linking to web sites?
- p 132 2. Open source movement.
- p 132 3. Trademark vs free speech
- p 132 4. IP laws will not disappear but they will become less important.
- p 133 1 PGC vs NGA: free speech? Trade mark?
- p 133 2. Apply UDRP to the case.
- p 135 1. Amazon one-click patentable?
- p 135 2. Business method patents should be 5 years long?
- p 135 3. Online patents needed for progress? Utility?
- p 136 1. Site liable for giving access to illegal sites?
- p 136 2. Thievery?
Question
Work for next time
Read: pp 141-170 on Privacy.
Find a copy of the latest Pfau Library Newsletter (if possible)
and look at the short article on the 2nd page entitled
"The Patriot Act and Libraries" by Jill Vassilakos-Long.
Write and hand in notes.
Next
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. . . . . . . . . ( end of section IP in Cyberspace) <<Contents | Index>>
- CSS::="Content Scrambler System", a copy protection system used on DVDs, not unlike
the scrambler/descrambler boxes used to protect pay-for-TV.
- GPL::="Gnu Public License",
- ICANN::="a nonprofit organization charged with registering domain names",
- IP::="Intellectual Property".
- MPAA::="Motion Picture Association of America".
- p::="page number in book",
- pp::="a range of page numbers in the book".
- RIAA::="Recording Industry Association of America".
- TBA::="To Be Announced".
- UDRP::="ICANN's Uniform Dispute Resolution Procedure", defines evidence of bad-faith.