cs 3043 social implications of computing 10/21/2015© 2008 keith a. pray 1 class 8 intellectual...

CS 3043 Social Implications Of Computing

04/20/23 © 2008 Keith A. Pray 1

Class 8Intellectual Property Continued

Keith A. Pray

Instructorsocialimps.keithpray.net


© 2008 Keith A. Pray 204/20/23

Overview

1. Logistics

2. Intellectual Property Continued1. Students Present

3. Assignment


Logistics

Grading and Assignments

Addressing Letters

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Overview

1. Logistics


3. Assignment


504/20/23

Pharmaceutical Patents

Less time to realize patent (7-12 yrs) Patent Extensions

Title II of DPC and PTRA Evergreening Invalidation

180-day exclusivity Generics WTO rules for developing countries

Doha Declaration on TRIPS

Matt Runkle

© 2008 Keith A. Pray


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Trade Secret

What are they? How are they enforced?


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How Does Intellectual Property Protection Apply To Computers? Hardware design Programs Algorithms Look And feel Music And Text Sharing


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Protecting Software

Patented? Copyrighted? Trade Secret?

License agreements? Open source and free software?


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Software License TransferTim Poliquin Software and copyright law

Software is not copyrightable “Structure, sequence, and organization”

Software licenses Software licensed, not sold.


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ExamplesTim Poliquin Microsoft

“This agreement only gives you some rights to use the software. Microsoft reserves all other rights.”

TRANSFER TO A THIRD PARTY. Software Other Than Windows Anytime Upgrade. The first user of the software may make a

one time transfer of the software, and this agreement, directly to a third party. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.

Windows Anytime Upgrade Software. You may transfer the software directly to a third party only with the licensed device. You may not keep any copies of the software or any earlier version.

Other Requirements. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. The transfer must include the proof of license.


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Examples (cont.)Tim Poliquin Adobe

License Transfer Policy If you transfer the license for a product suite, the license applies to the entire suite of products.

Individual products within a product suite are not eligible for a transfer of license. Educational versions of only Macromedia branded products are eligible for a transfer of license.

(Transferee must provide proof of educational status to complete the transfer.) Educational versions of Adobe branded products are not eligible for a transfer of license. The transfer of a license includes all versions of that product. If you sell or donate your

registered copy of an Adobe branded or Macromedia branded single-user license, then you transfer your rights to all versions of that license as well.


EULA – Tim Navien What are they?

End User License Agreement

What they Cover Installation, Removal, and Transfer of Software Terms of Use Ownership and Copyright

Enforcement No Court Case has stated that EULAs are generally

enforceable No laws directly regulating EULAs

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Famous EULAs – Tim Navien

World of Warcraft Game and Rights belong to

Blizzard Unlimited Installs Transferable

Over 10 million members http://

www.worldofwarcraft.com/legal/eula.html

Spore Game and Rights belong to

EA Transferable Governed by DRM*

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EULA – Important Court CaseTim Navien Davidson & Assoc. v. Jung (8th Cir. 2005)

Case Game developers reverse engineered games to create their own

free gaming site after agreeing to the EULA which prohibited reverse engineering.

Issue Did Federal Copyright Law (which permits reverse engineering as

type of fair use) preempt the EULA prohibition? Decision

No, EULA was not preempted and the EULA was enforceable By agreeing to the EULA the developers waived their Fair Use

Rights

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EULA – Issues – Tim Navien

Common1. Public Criticism2. Monitoring3. No Reversing Engineering4. Do not use with other Products (Different Vendors)5. Future Agreement and No notification of Changes6. Harm to Computer

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AFFECT – 12 Principles Tim Navien1. CUSTOMERS ARE ENTITLED TO READILY FIND, REVIEW AND UNDERSTAND

PROPOSED TERMS WHEN THEY SHOP.

2. CUSTOMERS ARE ENTITLED TO ACTIVELY ACCEPT PROPOSED TERMS BEFORE THEY MAKE THE DEAL.

3. CUSTOMERS ARE ENTITLED TO INFORMATION ABOUT ALL KNOWN NONTRIVIAL DEFECTS IN A PRODUCT BEFORE COMMITTING TO THE DEAL.

4. CUSTOMERS ARE ENTITLED TO A REFUND WHEN THE PRODUCT IS NOT OF REASONABLE QUALITY.

5. CUSTOMERS ARE ENTITLED TO HAVE THEIR DISPUTES SETTLED IN A LOCAL, CONVENIENT VENUE.

6. CUSTOMERS ARE ENTITLED TO CONTROL THEIR OWN COMPUTER SYSTEMS.

7. CUSTOMERS ARE ENTITLED TO CONTROL THEIR OWN DATA.

8. CUSTOMERS ARE ENTITLED TO FAIR USE, INCLUDING LIBRARY OR CLASSROOM USE, OF DIGITAL PRODUCTS TO THE EXTENT PERMITTED BY FEDERAL COPYRIGHT LAW.

9. CUSTOMERS ARE ENTITLED TO STUDY HOW A PRODUCT WORKS.

10. CUSTOMERS ARE ENTITLED TO EXPRESS OPINIONS ABOUT PRODUCTS ANDREPORT THEIR EXPERIENCES WITH THEM.

11. CUSTOMERS ARE ENTITLED TO THE FREE USE OF PUBLIC DOMAIN INFORMATION.

12. CUSTOMERS ARE ENTITLED TO TRANSFER PRODUCTS AS LONG AS THEYDO NOT RETAIN ACCESS TO THEM.

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More Information – Tim Navien

Electronic Frontier Foundation http://www.eff.org http://www.eff.org/wp/dangerous-terms-users-guide-

eulas

Fair Terms http://fairterms.org/

AFFECT http://www.ucita.com/

Future: Terms of Service (TOS)

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Assignment

Read Chapter 3 - Freedom Of Speech Group Project Answer short individual questions assigned

during class.


Group Project

For each principle character in your film note along your time lines where the character makes an ethical or unethical decision. State the logic behind your believing the decision to be

ethical or unethical. Back up your statement with facts, citing a pertinent

code of ethics, etc.

© 2008 Keith A. Pray 2004/20/23

cs 3043 social implications of computing 10/21/2015© 2008 keith a. pray 1 class 8 intellectual...

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