Flashcards
Lecture 6 Intellectual Property
Cards in this deck (68)
- 1What is the highest law of the united states?US Constitution
- 2Each state has its own set of laws called....State constitution
- 3These are laws that are written down by legislature Federal laws for environment, taxation, immigration... State laws for property, corporate, criminal code, health/safety regulationsStatutory law
- 4Developed by courts (case law) Emphasizes judicial precedence Negligence cases IP casesCommon Law
- 5a unique product of the human mind that has commercial value -Books, songs, movies, paintings, drawings -Processes, designs, chemical formulas, computer programsIntellectual Property
- 6(True/False) The value of intellectual properties much greater than value of carrier mediaTrue
- 7Which is more costly, making an original copy or making copies of the originalMaking the original copy is much more costly. Making copies of the original is very easy with DVDs and access to the internet
- 8(True/False) Right to physical property is recognizedTrue
- 9Do people have a natural right to propertyLocke, in The Second Treatise of Government, argues yes. Property is a natural right
- 10Give 3 examples of what every person has a right to-to property in their own person
-to their own labor
-to things which they remove from Nature through their own labor - 11People have a right to certain things "as long as" what conditions are met?-Nobody claims more property than they can use
-After someone removes something from common state, there is plenty left over - 12Name some of the differences between physical property and intellectual property Ex: writing a play Vs. making a belt buckle-Belt buckles can be owned exclusively by different makers
-If someone takes your buckle, you cannot use it anymore
-A play is a one of a kind product. A play cannot be owned exclusively by different writers
-Owner can still use it if someone steals a copy of it - 13(True/False) Intellectual property is a legal right and is recognized by the US ConstitutionTrue
legal right -> prudential right - 14What type of rights did congress give to authors and inventors?Limited ownership rights
- 15what are the benefits of giving authors and inventors limited ownership rights-Rewards innovation and creativity
-Benefit society when inventions become public domain (price fall) - 16Name the types of Intellectual Property (IP) protection- Patents and trade secrets, for protection ideas
-Trade/Service marks and copyrights for branding a product or a service and control of use of original content - 17A public document that provides detailed description of an inventionPatent
- 18What does a patent proved to the owner?Provides the owner with exclusive property right to the invention for a limited time
-Owner can prevent others from making, using, or selling invention for some time
-Not renewable - 19Name 2 ways to search for issued patents-using a patent number
-using last name/ first name of the author - 20name 3 types of patents-Utility
-Design
-Plant - 21name some of the attributes of a utility patent and how long it's protected for-Most patents are utility patents
-they are used for new and useful process, machine, manufacture, composition of matter or improvement thereof
-protected for 20 years from filing date or 17 years from issue date, whichever is longer. (need to pay maintenance fee) - 22list some attributes of a design patent and how long its protected for-New, original ornamental design embodied in or applied to an article of manufacture (ornamental features)
-Protected for 14 years from issue date. (no maintenance fee) - 23List some attributes of a Plant patent and how long its protected for-New and distinctive plant that can be reproduced by grafting (not with a seed).
-Protected for 17 years - 24Name the confidential piece of intellectual property that gives company a competitive advantage (formula for coke, a process step in manufacturing, customer list)Trade Secrets
- 25name a pro and 2 cons to having a trade secretPro -> never expires
con -> can be discovered by reverse engineering
con2 -> May be compromised when employees leave firm
(Employers use NDA's, NCAs, Uniform Trade Secrets Act for protection) - 26A word, picture or sound that identifies a company or a productTrademark/Service Mark
- 27Identifies goodsTrademark
- 28Identifies servicesService Mark
- 29What is a problem with having a trade markIf your brand becomes too common it may be lost. (yo-yo, xerox, google)
- 30What does a Copyright provide to an owner (5 rights)-Reproduction
-Distribution
-Public display
-Public Performance
-Production of derivative works - 31Describe the case Basic Books v. Kinko's Graphics Corporation-Kinko's made packets of information to sell to students based on inputs from professors
-Sued by book publishers - 32(true/false) It's never legal to reproduce a copyrighted work without permissionFalse
- 33What are the 4 factors that courts use to see if it is legal to reproduce copyrighted work?-Purpose and character of use (for education may be OK)
-Nature of the work (fiction Vs. Non-fiction
-Amount of work being copied (excerpts Vs. entire work)
-Impact on market value of work - 34Describe the case Sony Vs. Universal City Studios-Sony created the Betamax VCR which allowed users to record shows to watch them later
-Movie studios sued Sony for copyright infringements
-U.S. Supreme court ruled (5-4) that time shifting is fair use (consistent with copyright law) - 35Describe court case: RIAA Vs. Diamond Multimedia Systems-MP3 compression allows songs to be stored in 10% of the space, with little degradation
-Diamond introduced Rio MP3 player (1998)
-People started converting CD's to MP# format to use on the go
-RIAA (Recording Industry Association of Amercia) took legal actions against Diamond for violation of the Audio Home Recording Act of 1992
-U.S. Court of Appeals, 9th Circuit, affirmed that space shifting is fair use - 36Describe court case: Kelly Vs. Arriba Soft Corporation• Kelly: Photographer maintaining Web site with copyrighted photos • Arriba Soft: Created search engine that returned thumbnail images of photos.
• Kelly sued Arriba Soft for copyright infringement
• U.S. Court of Appeals, 9th Circuit, affirmed that use of thumbnail images is a fair use of those images. - 37What was the first big revision of copyright law since 1976?Digital Millennium Copyright Act (1998)
- 38What are 2 things the Digital Millennium Copyright Act (1998) did1. Brought U.S. in compliance with Europe
2. Extended length of copyright (from 75 to 95 years for books) - 39What did the Digital Millennium Copyright Act (1998) make illegal for anyone to do-Circumvent encryption schemes placed on digital media
-Circumvent copy controls - 40(True/false) UTD may be held liable if you misuse its networkTrue
- 41Actions that owners of intellectual property take to protect their rights (Encrypt digital content, Digital marking so devices can recognize content as copy-protected...)Digital Rights Management (DRM)
- 42What were some of the criticisms of DRM (Digital Rights Management)-Apple's iTunes Music Store opened, all music was protected with a DRM scheme called FairPlay
-FairPlay blocked users from freely exchanging purchased music
-Songs purchased from iTunes Store wouldn't play on non-Apple devices. Other DRM-protected music could not be played on iPod
-Customers complained about the restrictions associated with DRM
-European governments put pressur on Apple to license FairPlay or stop using DRM
-Amazon reached an agreement with all four major music labels to sell DRM-free music. Apple followed suit in 2009 - 43What is the system used to encrypt the contents on DVDs?Content Scramble System (CSS)
- 44(True/False) you do NOT have the right to access the content of DVD purchasedFalse,
Jon Johansen wrote a decryption program for Linux. Johansen was tried in Norway and found not guilty (has right to access content of DVD purchased) - 45What was used by hardware, software, entertainment companies to encrypt HD-DVDsthe Advanced Access Content System
-Encryption key posted on Digg.com
-AACS developers assked Digg.com to take the key down.
-Digg self censored itself and took down the key
-Digg's uses fought back and reposted the key - 46What gives federal law enforcement agencies right to seize domain names of sites facilitating copyright infringementPRO-IP Act
- 47What seized domain names of 10 Web sites making available full-run moviesOperation in Our Sites (2010)
- 48What site did the FBI shut down January 2012 using the PRO-IP ActMegaupload
- 49What is the system that tells us what we can use without permissionCreative Commons
- 50What does a Free Creative Commons licenses allow authors to decide?FCCL allows authors to decide the extent of protection
-which kinds of copying are okay
-which rights are being retained
Flickr is a site using a CCL (Creative Commons licenses) - 51When was copyright protection sought/affirmed for SoftwareSought: 1964
Affirmed: 1976 - 52With respect to Software, what gets copyrighted?-Expression of idea, not the idea itself
-Object program, not source program - 53Describe the case of Apple Computer Vs. Franklin Computer Group (1982)-Franklin ACE computer contained OS functions copied from Apple II ROM
-Apple sued and won
-This was the first case establishing that object programs can be protected by copyright - 54Why did the patent office refuse to grant software patents before 1981-Programs are mathematical algorithms, not processes or machines
- 55When did software patents start being granted?1981
- 56What are some examples of software patents-Data compression schemes: GIF, JPEG, MP#, RSA
-Internet tools: pay-per-click ad..
-User interfaces: progress-bar... - 57What are some problems with Software Patents-Critics say too many patents have been issued
-Patent office doesnt know about prior art
-Companies with new products fear getting sued for patent infringement - 58What are companies who specialize in buying patents?Patent trolls
- 59What are some of the problems with patent trolls-they do not use the patents to provide a product or service
-Sue companies that use the same ideas covered by those patents - 60What is a reason why the supreme court has ruled particular computer-implemented inventions were not patent eligibleThey were solely based on laws of nature, natural processes, and/or abstract ideas
- 61Why did the supreme court not rule that software as a class is not patent eligible?there is confusion about what kinds of software innovations are and are not patent eligible
- 62Is IP Protection of Software legitimate?Copyright protection is more appropriate
- 63(true/false) in the US, it is LEGAL to copy a program to give or sell to someone elseFalse
- 64(True/False) In the US, it is ILLEGAL to preload a program onto the hard disk of a computer being soldTrue
- 65(True/False) It is LEGAL to distribute a program over the internetFalse
- 66Describe the characteristics of Open-Source Software-No restrictions preventing others from selling, modifying or giving away software
-Source code included in distribution
-Same rights apply to everyone receiving redistribution of the software (copyleft)
Ex: android operating system for smartphones, firefox, OpenOffice.org, Linux, etc - 67Names some of the benefits of Open-Source Software-gives everyone opportunity to improve program
-New versions of programs appear more frequently
-Eliminates tension between obeying law and helping others
-Programs belong to entire community
-Shifts focus from manufacturing to service/support - 68Name some of the criticisms of Open-Source Software-Without critical mass of developers, quality can be poor
-without an "owner", incompatible versions may arise
-Relatively weak graphical user interface
-Poor mechanism for stimulating innovation(no companies will spend billions on new programs)
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- Social Issues and Ethics in CS Flashcards on Lecture 6 Intellectual Property, created by James Herd on 03/04/2019.
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