group 3 – intellectual property farshid firouzeh syed mohammed logan everett lee seversky leonard...
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Group 3 – Intellectual Property
Farshid FirouzehSyed Mohammed
Logan Everett
Lee SeverskyLeonard WongMark Bojdak
Copyrights
By Farshid Firouzeh
What is a Copyright? A form of protection to authors of
original works
The work in question must be expressed through some permanent medium
Obtaining a Copyright Step 1: Identify the type of work
Step 2: Fill out form specific to your work
Step 3: Send $30, payable to Register of Copyrights, and completed form to Copyright Office
History 1710 – Statute of Anne
Copyright Act of 1790 - Many revisions made : 1831, 1909, 1976
Berne Convention
Title 17, United States Code Chapter 1 : Subject matter and
Scopes Chapter 2 : Copyright ownership &
transfer Chapter 3 : Duration of Copyrights Chapter 5 : Copyright infringement
& remedies
The Future? The Ol’ copy machine
Digital Millennium Copyright Act
File sharing : Infringement to the max…
How can we better enforce Copyright laws?
The End.
Patents
Presenter : Syed Mohammed
What is a Patent ? A patent is an exclusive right
granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
Types Of Patent Application Provisional Utility (Non-provisional patent) Design Plant International
Provisional Patent It allows filing without a formal
patent claim, oath or declaration, or any information disclosure (prior art) statement. A provisional application for patent (provisional application) has a pendency lasting 12 months from the date the provisional application is filed
Utility Patent Utility patents may be granted to
anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof;
Design Patent Design patents may be granted to
anyone who invents a new, original, and ornamental design for an article of manufacture
Plant Patent A plant patent is granted by the
Government to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state
International Application An application filed under the
Patent Cooperation Treaty. Allows a trademark owner to seek
registration in any of the countries that have joined the Madrid Protocol by filing a single application
Ways to file an application with USPTO
Electronically – Provisional patents Self written Patent Agent/Attorney
Future work
Frivolous patents Microsoft - the time-based
hardware button for application loss
Amazon's one-click
Conclusion
There are several initial low-cost steps you can take to protect your ideas and inventions. The United States are "first-to-invent" countries, not "first to file". You can legally do this for just a few cents. So why wait?
Trade Secrets
Logan Everett
Overview What is a Trade Secret?
Trade Secret Acts
Trade Secret Contracts
Trade Secrets in Software
Definition of a Trade Secret Must derive economic value from
not being widely known (competitive edge) Also: can’t be easy for someone to
legally recreate Owner must take action to protect
its secrecy Not registered in any way
Examples of Trade Secrets Coca Cola Formula
Marketing Research
Source Code
Trade Secret Acts Uniform Trade Secret Act (1979)
Template for state civil laws Economic Espionage Act (1996)
Covers federal criminal laws “Misappropriation”
Covers theft, disclosure, acquisition, use
Trade Secret Contracts Non-Disclosure Agreements
Trade Secret being released for specific purpose
Often given to any employee w/ access
Best way to protect Trade Secrets
Trade Secrets in Software Most Obvious: Source Code Other Documents:
Design Testing
Alpha and Beta Releases Reverse Engineering vs. EULA
Conclusion Trade Secrets
Unregistered Intellectual Property
Dictated by Contracts, Acts
Apply to Software Industry
Software Piracy
Lee Seversky
Software Piracy What is Software Piracy
Illegal duplication and distribution of software packages and applications
Violates intellectual property laws, license agreements, copyright laws
Illegal, regardless of the severity, frequency, motivation, profit
Software Piracy Who Engages in Piracy
Casual users Corporations Schools, universities Professional counterfeit rings Crime syndicates Computer retailers
Software Piracy Piracy Classifications
End User Piracy Reseller Piracy Software Counterfeiting Internet Piracy
Classified by common motivation and method
Software Piracy Classifications
End User Piracy, “Soft Lifting” Distributing a single license among many
systems and, or, users Common in schools, universities,
business, colleagues Motivations
Lack of education, enforcement
Software Piracy Classifications
Reseller Piracy, “Hard Disk Loading” Common among discount computer resellers
Bargain basement computer discount stores Computer shows Internet stores selling “bare bone” systems
Increases value of system for little or no additional cost to the seller
Motivations Large competition between discount retailers Lack of enforcement
Software Piracy Classifications
Software Counterfeiting World wide counterfeiting groups Organized crime syndicates Professional operation requiring expensive
duplication machines Distribute material around the world Reproduction costs are cheap. Profits are large. Motivated by money, often used to fund other
illegal activities Most popular worldwide and most damaging
Software Piracy Classifications
Internet Piracy General availability of high speed Internet connections
increases potential number of users engaging in piracy “Casual pirate”, any user browsing and using illegal
software from the web Large scale organized “warez” groups
Close knit group distributing illegal software among elite House illegal software in the hundreds of terabytes Drink or Die
Easy to distribute and gain access to pirated material Motivations
Group / personal satisfaction Lack of enforcement
Software Piracy Impact of Piracy
$70 billion, software revenue worldwide $29 billion, projected losses from piracy Asia highest percentage of piracy, 92% United States, 22%, but represents largest revenue loss.
Measuring Impact Many argue losses from piracy are much less Projections do not reflect if the pirated software would
have been purchased legally In location such as Asia, piracy may even expand user
base for large companies such as Microsoft Hurts smaller companies Hurts software market, less diversity and innovation
Software Piracy Combating Piracy
Technology Product Activation, Microsoft is expanding Digital Rights Management Close integration with hardware and Operating System
Education Increase awareness Teach users about their rights and intellectual property rights
Watchdog Groups Business Software Alliance Independent groups monitoring business / Internet Work with law enforcement
Provide choice, add extras to legal software at reasonable prices
Software Piracy The Future for Software and Piracy
A Business Model Change Move to offering services instead of software Microsoft looking to lease their software Full control over how, where, and by whom the
software is used Free Software movement
Free and Open Source software provides a free alternative offering equal and or superior choices
Removes money, driving factor for piracy Still licensing issues
A software market that minimizes the need and demand for software piracy
Software Licenses and Patents
Leonard Wong
Software Licenses Provide terms designed by developers Expiration date of software Restrictions:
Copies Distribution Sublicense, rent, lease or transfers Reverse engineering Removal of copyright, product ID, product
restrictions Copying documentation
Software Licenses Determines Ownership
You bought the right to USE the software
You don’t have any “holdings” in the software or company
Warranty Information User usually assumes all risks in using
the software
Software Licenses Developers way to cover themselves
You get a seizure? Too bad! Developers way to protect their work
Often vague terms open to interpret in court, covers the grey areas
“file sharing” Making copies as a “backup” Installing a copy in the same household
Software Licenses READ YOUR LICENSE
AGREEMENTS! You may be exposing yourself
Company A may sneak in terms to: Exploit your personal information Install 3rd party software Gain rights to work you produce using their
product
Patents Properties of a Patentable work:
Be Statutory Cannot be mere compilation of information
Be New Cannot be public knowledge to begin with Cannot be something that was published for a year Cannot be something marketed to the public for a year
Be Useful Be able to perform its intended function Function must be meaningful
Be Non-obvious If derived from a previous art, it should not be derivable
by “a person of ordinary skill”
Software Patents Software was not patentable until 1981
Software was not considered statutory A computation was a function of the machine
(computer) despite its complexity Programs were viewed as mathematical algorithms, not
machines or processes 1981 case of Diamond v. Diehr
Invented new method to cure rubber Application to patent the method, NOT the computer
program Involved a computer to calculate heating times for the
rubber Patent was granted to the software that controlled the
timing
Software Patents Patentable Software
Program that is NOT merely a mathematical algorithm but a process that contained a mathematical algorithm
Software Patents 1996 (most recent) revision:
Clarified what was “not merely a mathematical algorithm”
Invention with significant post solution activity The program used to time the heating of rubber
Invention with significant pre-computer process
Program that used and manipulated real world values
Manipulation of seismic data or electrocardiograph data etc.
Software Patents Patent Vs. Copyright
Difference between stealing and just copying
Ownership of a unique invention Much greater protection $5,000 to $10,000+ venture
Software Patents Provides proof of a genuine unique
idea/invention Microsoft Vs. Stac Electronics
$120 Million settlement against MS Data compression algorithm
Software Patents and Licenses Important in keeping the playing
grounds fair Who gets credit for the idea? Is this an original idea or a duplicate?
Provides terms to adhere by What is acceptable use? What rights are you entitled to as a
user?
Software Patents and Licenses Rules, laws and definitions change
as rapidly as the technology does It is important to keep up to date with
major changes in policy
Transnational Issues Involving Intellectual Property Rights
By: Mark C. Bojdak
Intellectual property rights are:
How are they governed at an international level?
Example:
Student Connecting to US Server
Downloading MP3 to PC in Germany
United StatesGermany
What law is the student governed by?Germany or the United States?
Major Organizations WIPO
World Intellectual Property Organization Consists of 177 member states Oversees 21 International Treaties One country, One vote
WTO World Trade Organization Vote by consensus Dispute Settlement Body (DSB)
Makes decisions on trade disputes between governments within the organization
TRIPS Trade Related Aspects of Intellectual Property Rights
Enacted in 1994 and overseen by the World Trade Organization (WTO)
An attempt to narrow the gaps in the way intellectual property rights are protected around the world, and to bring them under common international rules.
Recent Intellectual Property Issue
Neem Tree Located in India For over 200 years it
has been used formedicine, timber,fuel, pesticides, etc.
Legal Dispute with US US companies have
various patents on thetree to conduct researchand development
US companies are suingIndian companies for producing emulsionsfrom the tree
Future, Conclusion As international communication
becomes easier, intellectual property issues become more complex
Organizations, treaties, and agreements continue to grow and adapt to the modern world