Intellectual Property CS 495 Group 3 Intellectual Property

Intellectual Property CS 495 Group 3

Intellectual Property Speakers Speaker 1 - Steven Liberati Topic: Copywrites Speaker 2 - Derek Loomba Topic: Patents Speaker 3 - Anthony Morrow Topic: Trade Secrets Speaker 4 - David Natani Topic: Software Piracy Speaker 5 - Ari Perlstein Topic: Software Licenses and Patents Speaker 6 - Brent Rood Topic: Transnational Issues involving Intellectual Property Speaker 7 - Darren Schwartz Topic: Software Patents (focus on EEC) CS 495 Group 3: Intellectual Property

Definition: “Intellectual Property often known as IP, allows people to own their creativity and innovation in the same way that they can own physical property. The owner of IP can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all. ” -intellectual-property. gov. uk/ CS 495 Group 3: Intellectual Property

Copyrights Steven Liberati CS 495 Group 3: Intellectual Property

Why Copyright? Allow the author to • reproduce the copyrighted work • distribute copies of the work to the public • display copies of the work in public • perform the work in public produce new works derived from the copyrighted work CS 495 Group 3: Intellectual Property

Piracy Who does it affect? – Music Industry, Movie Industry, Software Industry – Copyright Abusers – US!!! Prevention – No Electronic Theft Act, made it a criminal offense to reproduce and distribute copyrighted material CS 495 Group 3: Intellectual Property

Conclusion – Copyright infringement is an ongoing battle – Technology is growing at a much faster rate than Congress is making and redefining laws to prevent various types of piracy – Easy access to duplicating devices CS 495 Group 3: Intellectual Property

Intellectual Property - Patents Derek Loomba CS 495 Group 3: Intellectual Property

Patents What is a patent? A patent, as defined by the USPTO, is “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. Three types of patents Utility Design Plant CS 495 Group 3: Intellectual Property

Differences between Patents, Trademarks and Copyrights Patent – Protect invention Trademark – Distinguish goods from others Copyright – Protect author and his/her original works CS 495 Group 3: Intellectual Property

International Patents No such thing as all-encompassing international patent Must apply to each country where patent is desired – Patent Cooperation Treaty – Paris Convention – European Patent Convention CS 495 Group 3: Intellectual Property

Future of Patents Wireless Technology DNA Research and Technology – Ethical Issues – Patents carry high level of implication CS 495 Group 3: Intellectual Property

Trade Secrets Anthony Morrow CS 495 Group 3: Intellectual Property

Trade Secrets: Overview Introduction – Definition – What makes something a Trade Secret? – A brief history relating to examples of famous Trade Secrets CS 495 Group 3: Intellectual Property

Trade Secrets: Overview Trade Secret disclosures – Illegal – Legal – Trade Secret laws Vs. First Amendment CS 495 Group 3: Intellectual Property

Trade Secrets: Overview Conclusion – Future perspective and recent security issues – The benefits and risks of having a Trade Secret CS 495 Group 3: Intellectual Property

Software Piracy David Natani CS 495 Group 3: Intellectual Property

Origin of Software Piracy What is Software Piracy – the copying and/or distributing of copyrighted software without the permission of the copyright holder. Computer Software Copyright Act of 1980 – Software companies needed a way to protect their code – Software does not clearly fall into any Intellectual Property categories CS 495 Group 3: Intellectual Property

The Reason for Software Piracy Technological Advancement Regional Enforcement of the Laws Economic Conditions of the Country CS 495 Group 3: Intellectual Property

Software Piracy Percentages by Region -Business Software Alliance figures <http: //www. bsa. lt/download. php 3? file_id=181> CS 495 Group 3: Intellectual Property

Effects of Software Piracy Loss of Revenue – On average the world suffers losses of $11$12 billion annually Loss of Jobs Loss of Technological Development CS 495 Group 3: Intellectual Property

Anti Piracy How to stop Piracy – Enforcement of the law – Technological solutions to validate software Ex. Microsoft will start to validate version of Windows If successful jobs and money will be available globally – BSA/IDC projected research CS 495 Group 3: Intellectual Property

Software Licenses and Patents Ari Perlstein CS 495 Group 3: Intellectual Property

Copyright Protection Copyrights merely subsist The copyright holder has an exclusive right to make copies. The copyright holder has an exclusive right to prepare derivative works. The copyright holder has an exclusive right to distribute copies of the original work or derivative works. In the case of certain kinds of works, the copyright holder has an exclusive right to perform the work publicly. In the case of certain kinds of works, the copyright holder has an exclusive right to display the work publicly © Copyright <year> <author>. CS 495 Group 3: Intellectual Property

Patent Protection Patent application Novelty and Unobvious-ness Prior Art Patent Protection The patent holder has the right to exclude others from making products embodying patented invention. The patent holder has the right to exclude others from using products embodying patented invention. The patent holder has the right to exclude others from selling or offering for sale of products embodying patented invention. The patent holder has the right to exclude others from importing products embodying patented invention. CS 495 Group 3: Intellectual Property

Software Licenses A License The legal way in which a copyright or patent holder grants permission to others to use his intellectual property. – Proprietary Software License To grant access in a restricted way, through secrecy or other limitations. Software freedom is not protected. Microsoft Windows XP Pro, Adobe Photoshop… – Open Source Software License To grant access in such a way that software freedom is protected for all. Mandrake 10. 2, Pu. TTY 0. 57… CS 495 Group 3: Intellectual Property

Open Source Licenses – Typically free, for any purpose, software. Academic Licenses – – – Licenses originally created at an academic institution. Completely unrestricted use. MIT License, BSD License… Reciprocal Licenses – – Completely unrestricted use, except any derivative works must be released under the same license. FSF/GNU General Public License (GPL) Standard Licenses – Used for industry standard software, generally requiring appropriate documentation and reference works for the standard to evolve. Content Licenses – – Used for copyrightable subject matter associated with software in order to keep it free of use for any purpose. Academic Free License (AFL), Open Software License (OSL) CS 495 Group 3: Intellectual Property

Proprietary Licenses – Typically closed source or restricted use software. Payware – – Software under strict contract of use, often called the EULA. This software can be bought and used, but can usually not be distributed/changed in any way. Freeware – Software that is under proprietary contract, is not free to alter/distribute, but is free to use. AKA Guiltware. Shareware – – Downloadable/usable software on a trial basis. Software will become unusable if compensation is not made. Shared Source – Allows portions of code to be readily available to the public. Microsoft Shared Source License CS 495 Group 3: Intellectual Property

Transnational Issues Involving Intellectual Property By Brent Rood CS 495 Group 3: Intellectual Property

Overview International Intellectual Property theft is at an all time high: – World Trade Organization reports: The total value of trade in counterfeit goods is currently estimated at US$450 billion, representing between 5 and 7% of total global trade. Ubiquitous Internet Connectivity – – Virtually Anonymous Access Users can share information and data while keeping their identity unknown (in most cases only the IP address is public) Internet Obscures National Borders Global Connectivity allows users from around the world to interact and share data with each other without regards to national borders – Ease of Distribution Transnational Intellectual Property distribution is simply a matter of sharing data on the internet. The international software pirate need only download the copyrighted material online with little to no chance of being caught. Internet Regulation – – Given the sheer number of countries involved and their variety of domestic legal systems, copyright laws vary widely from country to country. International software pirates often evade being caught and even if they are caught, often their respective country does not have the proper copyright laws in place for prosecution. CS 495 Group 3: Intellectual Property

International Law Currently 80 countries have copyright legislation in place. International Agreements – Universal Copyright Convention (UCC) ~ 1971 – Berne Convention ~ 1988 – Trade-Related Aspects of Intellectual Property Rights (TRIPS) 1. Express a universal convention and standard for copyright laws of the involved nations. 2. Ensures that the international systems already in place would not be circumvented. 1. Protects artistic and literary works on an international level. 1. Developed by the World Trade Organization (WTO) in 1994 2. Dictates minimum levels of protection that each government has to give to the intellectual property of fellow WTO members. United States Law – Copyright Act of 1976 – Communications Act of 1984 1. Makes illegal duplication of copyrighted material not only illegal, but a felony on the first offense. 1. Protects the personal information of customers of cable service providers. CS 495 Group 3: Intellectual Property

International Organizations World Trade Organization – – Sorts out trade problems that its member-nations face with each other. Developed previously mentioned TRIPS agreement to serve the intellectual property aspect of its mission. World Customs Organization – – Special Intellectual Property Department: Intellectual Property Rights Strategic Group (WCO-IPR) Seeks to help countries in the drafting and signing of new customs legislation which serves to: 1. Raise international awareness of customs issues involving intellectual property. 2. Presents a guide stick for suggesting standards to those countries interested in enforcing international intellectual property legislation. CS 495 Group 3: Intellectual Property

World Customs Organization Members CS 495 Group 3: Intellectual Property

International Organizations (cont. ) Motion Picture Association (MPA) – – – Motion Picture Association of America’s (MPAA) international counterpart. U. S. motion picture industry loses in excess of $3 billion annually in potential worldwide revenue due to international piracy. In 2000, the MPA launched over 60, 000 investigations into suspected pirate activities, and more than 18, 000 raids against pirate operations in coordination with local authorities around the world. Recording Industry Association of America (RIAA) – – Various international counterparts (RIA of Japan, of Australia, of Canada, etc) Reporting losses of $4. 5 billion US dollars annually due to piracy CS 495 Group 3: Intellectual Property

Future and Conclusions General consensus for the future – – The current state of affairs involving the globalization of information points to an “international standard of strengthened intellectual property laws and the erosion of sovereignty notions” (Nayyer) This standard will be enforced through more stringent international treaties and more powerful international organizations. “As transnational intellectual property regimes begin setting minimum standards of protection, traditional territorial and political notions of sovereignty are eroded. This occurs in large part because entities holding increasingly large blocks of intellectual property rights are not nations, but instead are 'private' multinational corporations. ” - Kanna Aoki CS 495 Group 3: Intellectual Property

Software Patents A Focus on the European Community Darren B. Schwartz CS 495 Group 3: Intellectual Property

Intellectual Property Software Copyrights versus Software Patents Software Copyrights – Automatically granted – Protected during author’s life span plus 70 years. Software Patents – Government grants absolute control for 20 years. CS 495 Group 3: Intellectual Property

Diamond versus Diehr (1981) Landmark United States Supreme Court Decision United States Patent and Trademark Office European Commission has refused any legislative attempts to patent software CS 495 Group 3: Intellectual Property

European Community Countries CS 495 Group 3: Intellectual Property

European Commission Legal body of European Community – One Commissioner to One Country “A-item” versus “B-item” Where do software patents fall? “Directive on the Patentability of Computer -Implemented Inventions” CS 495 Group 3: Intellectual Property

United Nations WIPO – Established on July 14, 1967 – Controls the Patent Cooperation Treaty Five Committees: – SCP – SCCR – ACE – IGC – Traditional CS 495 Group 3: Intellectual Property

European Patent Convention on the Grant of European Patents Established on October 5, 1973 European Patent Organisation Procedure to grant software patents Article 52 CS 495 Group 3: Intellectual Property

The Future of Software Patents in the European Community European Commission empowered until October 31, 2009 Recently, EU defeated the introduction of software patent legislation. CS 495 Group 3: Intellectual Property