Intellectual Property Gregory Morton Albert Ngo Shane Serafin

Intellectual Property Gregory Morton Albert Ngo Shane Serafin COSC 380 April 11, 2011

Overview �Definition and concerns of Intellectual Property �Impact of Technology �Legal Aspects �Scenario �Solutions �Group Solution Analysis

Definition of Intellectual Property �Refers to the reorganization of the exclusives rights to the corresponding individuals of a creation. �Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. �Primary Rights Copyright, Patent, Trademark, and Trade secret �Sui generis rights Database right, Indigenous Intellectual Property, Industrial design right, Mask work, Plant breeders rights, Supplementary protection certificate.

Difference between Tangible and Intangible Property • Tangible Property- Anything which can be touched, and includes both real property and personal property (or moveable property) the way an idea is materialized into. • Intangible Property- Describes something which a person or corporation can have ownership of and can transfer ownership of to another person or corporation, but has no physical substance in short an idea a person or corporation has or thought of.

Ethical Concerns (Benefits and Problems) �Limitation of Free Culture Movement �Economic Growth • Financial incentives where the owners of the intellectual property can benefit from the exclusive rights of a particular material by investments, patents, and pay R&D costs. • Power to prevent the unauthorized reproduction of their creations

Technologies Impact �Forces one to be more educated about the law �Creates greater opportunity to break the law �Privacy? ? ?

Legal Aspects �Relevant Laws �Related Case Law �Related Bills �Consequences

Websites �www. copyright. gov/legislation/dmca. pdf �http: //www. uspto. gov �http: //www. copyright. gov/fls/fl 102. html

Fair Use �The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes �The nature of the copyrighted work �The amount and substantiality of the portion used in relation to the copyrighted work as a whole �The effect of the use upon the potential market for, or value of, the copyrighted work

Description of Ethical Scenario �Sony vs. Geo. Hot �http: //www. g 4 tv. com/videos/5073 3/sony-vs-geohot-hacker-lawsuit/

Interested Parties �Geohot and other users �PS 3 (Sony Computer Entertainment America)

Scenario Risks �Security compromised on the PS 3 and the Playstation Network �Authorized users have accounts broken in and damaged from encountering malicious attackers in game servers. �Sony banning users that do not pass access method for having an authentic copy of game and blu-ray movie. �Geo. Hot is sent to jail for jailbreaking the PS 3 and distributing the source code on personal website. �Many game developers lose profit due to gamers can share software with just copying and distributing the ISO file on the Internet.

Scenario Benefits �Users- The chance to regain Other. OS and install Linux since Sony removed that option for 1 st generation PS 3 owners from a firmware update maybe even other PS 3 users. �User- Exploit the potential of the 8 -cell processor �Sony- Can control the exploit and explore better firmware security protocols. �Geo. Hot- Express the exploit found on the PS 3 and PSN allow users to regain Linux installation and possible career with Sony.

Solution: Side with Sony �Take legal action against Geo. Hott and any other users who jail break consoles �Wipe all content that reveals the source code needed to jail break the ps 3 �Highly difficult to control what ps 3 owners do �Places a limit on the power consumers have over purchased merchandise

Solution: Side with Geo. Hot �The Court System would rule in favor of Geo. Hot �Charges by Sony would be dismissed �Ruling would say once you buy the product you are free to do whatever you would like with jailbreaking � Much like the previous case with Geo. Hot and IPhones(Closed System) �Changes to the DCMA to include systems like PS 3 �The software jailbreak code could stay on the internet �Freedom of privacy would be maintained �Sony would have no control of the intellectual property of the code for jail breaking once it is in the consumers hands

Solution: Compromise between Sony and Geo. Hot �Can jailbreak and mod his own PS 3 for his usage but does not distribute the source code of his jailbreaking and/or for profit. �Sony can reinstate the option to install another OS onto the PS 3 but allow for monitoring of actions that could lead to copyright infringement or harm against PSN and other PS 3 users. �Sony could also release an authorized distribution of Linux to users that have PS 3 which lost Other. OS option due to firmware update and give control to users of previous PS 3 generations again. • Geohot will discontinue blog about jailbreaking PS 3 and disable all if any methods used to gain profit of any means.

Solution Compromise Continue �Negative Rights- Right to Privacy, Owning a PS 3, �Positive Rights- Protection within PSN, Access to PSN, Depth of Modding Console

Sony’s Official Statement � Unauthorized circumvention devices for the Play. Station 3 system have been recently released by hackers. These devices permit the use of unauthorized or pirated software. Use of such devices or software violates the terms of the “System Software License Agreement for the Play. Station 3 System” and the “Terms of Services and User Agreement” for the Play. Station Network/Qriocity and its Community Code of Conduct provisions. Violation of the System Software Licence Agreement for the Play. Station 3 System invalidates the consumer guarantee for that system. In addition, copying or playing pirated software is a violation of International Copyright Laws. Consumers using circumvention devices or running unauthorized or pirated software will have access to the Play. Station Network and access to Qriocity services through Play. Station 3 system terminated permanently. To avoid this, consumers must immediately cease use and remove all circumvention devices and delete all unauthorized or pirated software from their Play. Station 3 systems.

ACM Codes to Intellectual Property � 1. 1 Contribute to society and human well-being � 1. 2 Avoid harm to others �Be honest and trustworthy. � 1. 5 Honor property rights including copyrights and patent. � 1. 6 Give proper credit for intellectual property. � 1. 7 Respect the privacy of others. � 1. 8 Honor confidentiality.

Conclusion �There are many laws made to protect intellectual property �However, technology not only makes it hard to govern laws protecting intellectual property �No constitutional solution in sight

References � [1] “ACM Code of Ethics and Professional Conduct. ” ACM, 1992. Web. 4 Apr 2011 <http: //www. acm. org/about/code-of -ethics>. � � [2] “Intangible Property. ” Wikipedia, 2011. Web. 1 Apr 2011 <http: //en. wikipedia. org/wiki/Intangible_property>. � � [3] “Intellectual-property law. " Encyclopedia Britannica Online. Encyclopedia Britannica, 2011. Web. 04 Apr. 2011. <http: //www. britannica. com/EBchecked/topic/911774/intellectual-property-law>. � � [4] Kravets, David. ”Judge Lets Sony Unmask Visitors to PS 3 -Jailbreaking Site. ” Wired, 2011. Web. 6 Apr 2011 <http: //www. wired. com/threatlevel/2011/03/geohot-site-unmasking/>. � � [5] Patel, Nilay. “Court grants Sony's temporary restraining order against Geohot, PS 3 jailbreak still available everywhere. ” Engadget, 2011. Web. 5 Apr 2011 <http: //www. engadget. com/2011/01/27/court-grants-sonys-temporaryrestraining-order-against-geohot>. � � [6] Patel, Nilay. “Sony follows up, officially sues Geohot and fail 0 verflow over PS 3 jailbreak. ” Engadget, 2011. Web. 5 Apr 2011 <http: //www. engadget. com/2011/01/12/sony-follows-up-officially-sues-geohot-and-fail 0 verflow-over-ps/>. � � [7] “Tangible Property. ” Wikipedia, 2010. Web. 1 Apr 2011 <http: //en. wikipedia. org/wiki/Tangible_property>. � � [8] “What is Intellectual Property? ” World Intellectual Property Organization, 2011. Web. 1 Apr 2011 <http: //www. wipo. int/about-ip/en/>. � [9] “Fair Use”. US Copy Right Office, 2011. ]http: //www. copyright. gov/fls/fl 102. html. Web 7 April 2011