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ITE 390 - Chapter 4 - IP Summary

The document discusses intellectual property (IP) which includes unique products of the human intellect that have commercial value, such as software and ideas. It describes how IP protection provides incentives for creative work by giving creators rights to their inventions. There are several forms of IP protection including trademarks, patents, and copyrights which protect inventions, brands, and creative works respectively and expire after certain time periods. The document also discusses issues around software copyright protection, peer-to-peer networks, and open-source software.

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65 views2 pages

ITE 390 - Chapter 4 - IP Summary

The document discusses intellectual property (IP) which includes unique products of the human intellect that have commercial value, such as software and ideas. It describes how IP protection provides incentives for creative work by giving creators rights to their inventions. There are several forms of IP protection including trademarks, patents, and copyrights which protect inventions, brands, and creative works respectively and expire after certain time periods. The document also discusses issues around software copyright protection, peer-to-peer networks, and open-source software.

Uploaded by

tala massad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Chapter 4 – Intellectual Property

An IP is any unique product of the human intellect that has commercial value.

Does not have to manifest physically to be considered IP. Software and ideas count as one too.

The value of IP is greater than that of media because creating the first copy is very costly while duplicates
cost almost nothing.

Locke’s Property Rights:

People have a right to the Property in their own person, to their own labor, and to things they
removed from nature through their labor.
Only as long as nobody claims more property than they can use and after someone removes
something from common state, there is plenty left over.

IP Protection is an incentive to do more standout speculative work since it generates wealth and money
to the inventor. Giving creators rights to their inventions and stimulates their creativity.

Protecting IP:

1. Trade Secret: Confidential piece of intellectual property that gives a company a competitive
advantage. This IP does not expire. Other companies typically reverse engineer it to understand
how it is made and try to replicate it.
2. Trademarks / Servicemarks: Used to identify a good or a service through a brand name. Does not
expire. Advertisement helps protect and increase the name of this trademark.
3. Patents: A public document that provides a detailed description of an invention. Provides owner
with exclusive right to the invention, and prevents others from making, using or selling it. Lasts 20
years usually.
4. Copyright: Gives the copyright owner the power to authorize the Reproduction, Distribution,
Public Display or Perform and Produce Derivative work by other people. Could last 70 years.

Fair Use: It is sometimes legal to reproduce copyrighted work without permission depending on the
Purpose of use, Nature of the work, Amount of work copies and Effect on the market.

The Audio Home Recording Act protects rights of consumers to make copies of analog or digital recordings
for personal, noncommercial use.

The DMCA made it illegal to evade encryption schemes placed on digital media and circumvent copy
controls, even for fair use purposes. It extended the length of copyright and copyright protection to music
broadcast over the Internet.

Owners of IP try to Encrypt digital content and mark digital content so devices can recognize content as
copy-protected to protect their rights.

A peer-to-peer network is a Temporary network that connects computers running the same networking
program and allows them to access files stored on each other’s hard drives.
Cyberlockers are file-hosting services or cloud storage services that allow users to upload and download
password-protected files.

Software copyright protection protects the Expression of an idea, not the idea itself. It protects the Object
program, not the source program. It treats source code as a trade secret.

Copying a program to give or sell to someone else, preloading a program onto the hard disk of a computer
being sold and distributing the program over the Internet all are violations of Software copyrights.

A Software patent protects Software process with practical utility, is expensive and time consuming to
apply, and does not allow reverse engineering.

Open-Source Software puts no restrictions preventing others from selling or giving away software. The
source code is included in the distribution. People can modify and use the software as they please.

A Utilitarian Analysis views software copying as a wrong moral decision because it harms society.

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