21 April 2008

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

Physical objects ◦ Zero-sum gain: one user at a time◦ Significant cost in both development and

replication Intellectual objects

◦ Used by many at once◦ Significant cost in development, marginal cost in

replication

Copyright◦ Copyright Term Extension Act◦ Digital Millennium Copyright Act

Patent Trademark

Protects original work from reproduction◦ Independently created

NOT novel or aesthetic value◦ Fixed in a tangible medium

Author’s rights◦ Produce derivative works◦ Perform

Fair use◦ Purpose and character of use◦ Nature of copyrighted work◦ Amount and substantiality of portion used◦ Effects on the market

First sale provision

History◦ 1790: 14 year plus 1 extension◦ 1909: 28 years plus 1 extension◦ 1976: lifetime +50 (indiv) +75 (corporations)◦ 1998: lifetime +70 (indiv) +95 (corporations)

Latest law: Mickey Mouse protection

Opponents: Too long. Overprotects.

Mechanisms to protect digital data Act outlaws

◦ Circumvention◦ Manufacture or distribute technology to enable

Intermediary liability Alright to circumvent for

◦ Fair use◦ Interoperability◦ Research and testing

Physical objects◦ Process, machine or composition of matter◦ NOT laws of nature, scientific principles,

algorithms Criteria

◦ Novel◦ Not previously described◦ Non-obvious◦ Useful

Word, phrase or symbol “Pithily” identifies Infringement: used by someone else Dilutions

◦ Blurring – dissimilar products◦ Tarnishment – negative or compromising

Locke’s Labor-Desert Theory◦ People have a natural right to benefit from fruit of

one’s labor”◦ Lockean proviso: only appropriate property

sufficient to need If others suffer no harm

◦ Assumption of plenitude Hegel’s Personality Theory Utilitarian

Locke’s Labor-Desert Theory Hegel’s Personality Theory

◦ Property as expression of one’s personality◦ Transfer freedom into an external sphere◦ How people put their personality into the world◦ Protect our self-image

Utilitarian

Locke’s Labor-Desert Theory Hegel’s Personality Theory Utilitarian: greatest good

◦ People need to acquire to be happy◦ Recovering cost of creation◦ Enough coverage to serve as an inducement to

create

Free flow of ideas First amendment freedom of speech Creative ideas build on society and culture

Copying copyrighted materials Using copyrighted materials Digital rights management Business method patents and e-commerce Ownership of domain names Hyperlinks Metatags

Responsibility of those enabling it◦ Software◦ Network providers

Cases: software◦ Napster◦ Grockster◦ Bit Torrent

Cases: network providers◦ Verizon

Sampling: small bits of music◦ Good Copy, Bad Copy

Digital manipulation

Lessig’s law and code◦ Digital is easier to reproduce, distribute, …◦ Software or hardware to protect

But allows content provider to ◦ constrain who can use

Fair use DeCSS case

◦ track who is viewing

Processes vs. algorithms Ease of use Examples

◦ Name Your Price◦ One-click

Cybersquatting◦ .net, .org, .com, …◦ Punctuation (hyphenation, etc.)◦ Phrases, nicknames

Parody, criticism, complaint (cybergriping)◦ Property rights vs. free speech◦ Bringing people to the site under false pretenses◦ Including the name in the url vs. appearing to be

the site

Responsibility to users◦ Making it clear that its another site◦ Protection from inappropriate material

Responsibility to other site owners◦ Bypassing advertisements

Ticketmaster and Microsoft

What are they?◦ Invisible content used for searching and

advertising Geting more leverage

◦ Search engines◦ Banner ads

Techniques◦ Multiple tags to get more leverage◦ Tags that are unrelated