ethics test 2

Intellectual property

Intellectual property

A categorical description of intangible assets owned and legally protected by a company/individual from outside use or implementation without consent.

Patent

Grant of property rights to the inventor. It gives the right to eliminate the usage, production, selling, and importing owner's invention.

Patent's safeguard

20 Years

Patent Registration

Available after the inventor reveals the invention fully and publicizes the technical information of the invention.

Patent Law

Grants protection for new inventions (products, processes, designs, etc.)

Trademark

Any word, phrase, symbol, design, or combination of these things that identifies your goods or services.

Trademark Registration

Trademark can be exclusively used by its owner or licensed to another party for use in return for payment. Provides legal certainty and reinforces the position of the right holder.

T/F- A lawncare company trademarks a logo it uses, this means that a company in a different business entirely cannot use a logo similar to the trademarked logo.

False

Trademarks that can be registered are...

almost endless. Incl. Drawings, Shape of goods, Sound, Colors, Words.

™ Symbol

Stands for trademark and indicates the unregistered trademark. Usually implies that they have applied for trademark registration.

T/F- ™ Symbol does not guarantee protection under Trademark law

TRUE

SM Symbol

Same as TM except used when in connection with a service such as banking or legal services.

R (®) Symbol

Trademark is registered.

T/F - R (®) Symbol can be used regardless if the trademark has actually been registered.

FALSE

Trademark Expiry

A trademark can last indefinitely but only if it is properly maintained. In order to keep your trademark alive, you need to continue using it in commerce and renew it every 10 years with the USPTO.

Trademark Renewal

The US Patent and Trademark Office (USPTO) administers federal trademark registrations.

Trade Secrets

IP rights on confidential information that may be sold or licensed. Defined as a piece of information that is kept confidential or reasonably which provides a business with an economic benefit over its competitors.

Types of Trade Secrets

1. Financial Data

2. Customer Lists

3. Computer Source Code

4. Supplier's Lists

5. Pricing Information

Copyright (author's right)

A legal term used to describe the rights that creators have over their literary and artistic works.

Copyright does not extend to...

Ideas, Procedures, methods of operation & mathematical concepts.

Copyright protects

Literary works such as novels, poems, plays, reference works.

Computer Programs

Films, musical compositions, and choreography

Copyright Owner

Anyone can be a Copyright owner.

T/F- Works made by an employee belong to the employee.

False - They belong to the employer

Length of Copyright

Copyright protection varies from country to country, and can stand for 50 to 100 years after the individuals death.

Copyright: Original

Work must merely be independently created.

Copyright: Work of Authorship

Work must be a product of creative expression that falls under a category of copyrightable subject matter.

Copyright: Fixed

Meet the fixation requirement a work must be fixed in a tangible medium of expression. Protection attaches automatically to an eligible work the moment the work is fixed.

Rights Under Copyright

1. Economic Rights: Allow the rights owner to derive financial reward from the use of their works by others.

2. Moral Rights: Protect the non-economic interests of the author. Even if the creator sells copyright in the work to someone else he or she retains moral rights in the work. The work cannot be distorted, mutilated, or otherwise modified in a way that is prejudicial to the creator's reputation or honor.

3. Moral rights are personal to the creator, and thus cannot be sold or given away.

Copyright Registration

Copyright exists automatically in an original work of authorship once its fixed.

Problems to Protect Copyrights

Digital technology and the internet make copyright infringement easier and cheaper.

Copyright Law of the U.S.

Grants monopoly protection for "original works of authorship".

Copyright Infringement

Using another person's original creative work, or a copyrighted work, without permission.

Fair Use

An affirmative defense that can be raised in response to claims by a copyright owner that a person is infringing a copyright.

4 Factors to consider in Order to Constitute Fair Use

1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for or value of the copyrighted work.

Fair Use Exceptions

1. Scholarly Works

2. News Reporting

3. Criticism

4. Teaching

IP Rights

All rights associated with intangible assets owned by a person or company and protected against use without consent.

IP Theft

The act of robbing people or organizations of their ideas, inventions, creative products, and other types of IP.

3 Methods of IP Theft

1. Hacking

2. Privilege Abuse

3. Human Errors

Protecting Intellectual Property

1. Document Discoveries

2. Use DRM systems

3. Opt for strong nondisclosure agreements

4. Create strong access credentials

Computer Crime A.K.A Cyber Crime

Crime involving computing against a digital target or a crime in which a computing system is used to commit criminal offenses

Hacking

Act of identifying and then exploiting weaknesses in a computer system or network, usually to gain unauthorized access to personal or organizational data.

T/F- Hacking is always malicious

F

Hacktivism

Hacking or Breaking into a computer system, for politically or socially motivated purposes.

Who do Hacktivists Target?

1. Government Agencies

2. Multinational Corporations

3. Any entity perceived as "bad" or "wrong"

What Motivates Hacktivists?

1. Revenge

2. Political or Social incentives

3. Ideology

4. Protest

5. Desire to embarrass certain organizations

White Hat Hackers

Ethical security hackers who identify and fix vulnerabilities

Black Hat Hackers

Cybercriminals that illegally crack systems with malicious intent.

Gray Hat Hackers

May not have malicious intent, but they don't have consent of those whose systems they hack into.

Zero-day Vulnerabilities

Software vulnerability discovered by attackers before the vendor has become aware of it.

Computer Fraud and Abuse Act (CFAA)

Inacted in 1986 CFAA prohibits intentionally accessing a computer without authorization or in excess of authorization.

Financial Identity Theft

When one person uses another's personal data for financial benefit.

Medical Identity Theft

When a criminal poses as another person to obtain health care services

Synthetic Identity Theft

When a criminal creates fake identities using real people's information.

Criminal Identity Theft

Occurs when someone cited or arrested for a crime presents themselves as another person, by using that person's name and identifying information.

Child Identity Theft

Revolves around creating fake IDs under children's names

Phishing

A method of cyberattack that attempts to trick victims into clicking on fraudulent links in emails.

Vishing

A combination of "voice" and "phishing" and is a scam where criminals call or leave a voicemail asking for personal information.

Smishing

An unwanted text message asking for personal information or urging you to click a suspicious link

Pharming

A specific type of cyber attack when a hacker mimics a real websites and redirects a user to the fake website.

DDoS Attack

Hacker sends a large amount of website traffic or pings to a network to try and slow/shut down the network.

Biometric Verification

You are the password

Physical Biometric

Include things like fingerprints, facial patterns, handprints, and eye patterns.

Behavioral Biometrics

Includes voice, how you walk, speak, and typing patterns

Privacy Rights

Personal possessions are generally considered private, including purses, briefcases, and employee storage lockers.

10 Employee Rights

1. Privacy Rights

2. Harassment-free Workplace

3. Safe Workplace

4. Whistleblowing

5. Retaliation Protection

6.Reasonable Accommodations

7. Fair Pay

8. Overtime Wages

9. Unpaid, Job-Protected Leave

10. File a Complaint or Lawsuit

Harassment-free Workplace

Employers are not permitted to discriminate against any job applicant or employee due to his or her legally protected class in hiring