Study Notes on Intellectual Property Rights and Ethics

Chapter 13: Intellectual Property Rights, Ethics, Health, Access, and the Environment

Learning Objectives and Overview

  • Understanding Intellectual Property Rights:

    • Different types of intellectual property rights and their relationship to computer use.

  • Ethics in Technology:

    • Define ethics and illustrate with examples of unethical behavior related to computers.

  • Chapter Topics:

    • Different types of intellectual property rights.

    • Discussion on ethics, including:

    • Ethical use of copyrighted materials.

    • Ethical use of resources and information.

    • Unethical use of digital manipulation.

    • Ethical business practices and decision-making.

Intellectual Property and the Law

  • Intellectual Property Definition:

    • Refers to the results of intellectual activities in the areas of arts, science, and industry.

  • Types of Intellectual Property Laws:

    • Copyright Laws: Protect creative works such as books, plays, songs, paintings, photographs, and movies.

    • Trademark Law: Protects symbols, pictures, sounds, colors, and smells that distinguish goods or services.

    • Patent Law: Protects mechanical inventions and certain procedures.

    • Contract Law: Covers trade secrets.

    • Note: Under the law, software does not neatly fit into these traditional categories.

Intellectual Property Rights

  • Definition of Intellectual Property Rights:

    • Rights entitled to creators of original creative works.

    • Specify who has the right to use, perform, or display a creative work.

    • Indicate the duration of rights retention for the creator.

  • Examples of Intellectual Property:

    • Music, movies, artistic works, poetry, written works, symbols, names, designs, and inventions.

  • Jurisdiction of Rights:

    • Copyrights, trademarks, and patents are issued by individual countries.

Copyrights

  • Definition:

    • A copyright offers protection to the creator of original artistic or literary works.

  • Duration of Copyright:

    • Lasts for 70 years after the creator's death.

    • For corporate copyrights or anonymous works, copyrights last for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

  • Registration:

    • Can be registered with the U.S. Copyright Office.

  • Fair Use Exception:

    • A recent development relates to termination rights for musicians and songwriters allowing them to request rights back after 35 years.

  • Ownership and Rights:

    • Buying a copyrighted item does not change the copyright protection granted to the creator.

Copyright Protection

  • Technological Means of Protection:

    • Digital Watermarks:

    • Involves subtle alterations to digital content unnoticeable but identifiable to the copyright holder.

    • Applicable to multiple mediums: images, music, movies, etc.

    • Digital Rights Management (DRM):

    • Software used to protect and manage rights of digital content creators, controlling the use of downloaded files (e.g., copy limits, printing restrictions).

Trademarks

  • Definition:

    • A trademark is a word, phrase, symbol, or design identifying goods or services.

    • Service Marks:

    • Used identically for services, notable differences in registration status.

    • Trademark Notations:

    • Unregistered marks can use ™, and registered trademarks use ®.

    • Domain Name Protection:

    • Includes disputes taken to the World Intellectual Property Organization (WIPO).

    • Cybersquatting and Typosquatting:

    • Cybersquatting: Registering a domain name to profit from another's trademark.

    • Typosquatting: Registering commonly misspelled domain names to capture traffic from accidental visits.

Patents

  • Definition:

    • Patents protect inventions and can also protect specific practices or procedures.

  • Validity Duration:

    • Last for 20 years from the date of application.

  • Examples of Patented Innovations:

    • Google’s “pay-for-gaze” advertising.

    • Amazon.com’s one-click purchase procedure.

  • Challenges of Patent Acquisition:

    • Considered expensive, difficult to obtain but can yield lucrative benefits.

Ethics

  • Definition of Ethics:

    • Standards of moral conduct that can differ based on individual beliefs, culture, religion, etc.

  • Branches of Ethics:

    • Personal Ethics: Guide individual behavior.

    • Business Ethics: Govern behavior within workplaces.

    • Computer Ethics: Focus on moral conduct concerning computer usage.

  • Ethical Decision-Making:

  • Individuals and businesses face ethical dilemmas that require daily considerations.

Use of Virtual Currency

  • Definition of Virtual Currency:

    • Digital representation of value utilized in virtual environments (e.g., Linden dollars, World of Warcraft gold).

  • Convertible Virtual Currency:

    • Such as Bitcoins, which are treated like real currency and subject to existing laws.

  • Recent Regulatory Decision:

    • Bitcoins recognized legally as a form of money akin to gold and silver.

  • Taxability:

    • Varies by jurisdiction, certain countries tax virtual profits.

Ethical Use of Books and Web-Based Articles

  • Copyright Law Application:

    • Protects print-based materials, e-books, web articles.

  • Plagiarism:

    • Defined as presenting another’s work as one’s own; a violation of copyright and an unethical act.

    • Consequences can be strict in academic and professional settings.

    • Online plagiarism detection tools are commonly used.

Ethical Use of Music and E-Books

  • Ensuing Issues:

    • Historical perspectives concerning P2P music sharing sites like Napster and ongoing debates on legality and ethics.

  • Unethical File Sharing:

    • Downloading music from P2P sites without compensating artists and labels breaches copyright law.

  • Fair Use Exception for Personal Copies:

    • Copying obtained songs for personal, non-commercial use generally deemed permissible.

  • DRM Impact:

    • Can restrict the use of music files and purchased media.

  • Industry Legal Actions:

    • The RIAA is active in suing individuals and sites for illegal downloads.

  • E-Book Trends:

    • Growing popularity of e-books, with significant sales outpacing print books as of 2011.

    • Increased piracy issues similar to those seen in music.

Ethical Use of Movies

  • Prevalent Issue of Movie Piracy:

    • Including illegal copies and unauthorized distribution through digital platforms.

  • Legal Online Alternatives:

    • Many now include DRM to prevent illicit use.

    • Emerging concerns regarding sharing of Video on Demand (VOD) movies or recorded shows.

Ethical Use of Software

  • Software Piracy Definition:

    • Unauthorized copying of software, which includes illegal duplicates and over-installation beyond agreements.

  • Legal Options for Downloading:

    • Available to the public, making compliant software easier to acquire.

  • Anti-Piracy Techniques:

    • Implement measures to make pirated software non-functional to encourage legitimate software use.

Digital Counterfeiting

  • Prevalence of Digital Counterfeiting:

    • Advances in digital imaging technology facilitate easier counterfeiting.

  • Preventive Measures:

    • Include the use of RFID tags, digital watermarks, and smart labels to distinguish authentic products.

Online Hoaxes

  • Definition:

    • An online hoax refers to deceptive statements or narratives spread via computers, often through emails or social media relating to various topics including health or security.

  • Cautionary Advice:

    • Recommended to verify information before sharing.

Digital Manipulation

  • Concept of Digital Manipulation:

    • Describes the alteration of digital content such as text and images.

    • Copyright Concerns:

    • May infringe copyright law.

  • Potential Misuses:

    • Can be used to misquote or mislead. However, some uses can be ethically beneficial, such as identifying missing persons or apprehending criminals.

  • Media Usage:

    • The use of manipulation in journalism and media is often controversial.

Cultural Considerations

  • Variability of Ethics:

    • Ethics may differ within and between nations, where legality and ethicality may not coincide.

    • Individuals and businesses should be cognizant of both ethical and legal standards in international contexts.

    • Increasingly, diversity and cross-cultural training are integrated into business curricula and corporate training.

Quick Quiz (1)

  1. Copyrights are valid for 70 years after the __.
    a. creation of the work
    b. publication of the work
    c. death of the creator

  2. True or False: Unlike the names of companies or products, logos cannot be trademarked.

  3. __ are used to protect inventions.

Answers:

1) c; 2) False; 3) Patents

Quick Quiz (2)

  1. An inaccurate statement or story spread through the use of computers is referred to as a(n) __.
    a. digital divide
    b. online hoax
    c. trademark violation

  2. True or False: Most legal experts agree that a legally obtained audio CD or MP3 file can be transferred to another device for personal use under the concept of fair use.

  3. Altering digital content, such as editing a digital photo, is referred to as __.

Answers:

1) b; 2) True; 3) digital manipulation