comp 381. ownership and property rights of ownership: blackstonian bundle exclude anyone from the...
Post on 19-Dec-2015
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Ownership and property Rights of ownership: Blackstonian
BundleExclude anyone from the propertyUse it as sees fitReceive income fromTransfer property to someone else
Intellectual property: intellectual objects
What is Intellectual Property?
Physical objects Zero-sum gain: one user at a timeSignificant cost in both development and
replication Intellectual objects
Used by many at onceSignificant cost in development, marginal
cost in replication
Is Intellectual Property Different than Real Property?
Need for Protection
Bentham: knowledge of future ownership is incentive to increase value
Landes/Posner: need to recover the development costs
Locke’s Labor-Desert TheoryHegel’s Personality TheoryUtilitarian: greatest good
Ethical Support for IP
Locke
Natural right to the fruits of your laborLabor unpleasant, therefore reap rewards
Lockean provisoOnly take what you need
Assumption of plenitude
Hegel
Property rights essential for personal expression
What we produce is an extension of our personality
Free flow of ideas First amendment freedom of speech Creative ideas build on society and
cultureNoel Capon
Ethical Support against IP
Copying copyrighted materials Using copyrighted materials Digital rights management Business method patents and e-commerce Ownership of domain names Hyperlinks Metatags
Ethical Dilemmas
Copyright Term Extension Act1790: 14 + renew1909: 28 + renew1976 : author + 50, corporate 751998: author + 70, corporate 95
Digital Millennium Copyright Act (1996)CopyingEnabling copying
Copyright
Physical objectsProcess, machine or composition of matterNOT laws of nature, scientific principles,
algorithms Criteria
NovelNot previously describedNon-obviousUseful
Patents
Word, phrase or symbol “Pithily” identifies Infringement: used by someone else Dilutions
Blurring – dissimilar productsTarnishment – negative or compromising
Trademarks
Responsibility of those enabling itSoftwareNetwork providers
Cases: softwareNapsterGrocksterBit Torrent
Cases: network providersVerizon
Copying copyrighted materials
Sampling: small bits of musicGood Copy, Bad CopySteal This Film II
Digital manipulation
Using Copyright Material
Lessig’s law and codeDigital is easier to reproduce, distribute, …Software or hardware to protect
But allows content provider to constrain who can use
○ Fair use○ DeCSS case
track who is viewing
Digital Rights Management
Processes vs. algorithms Ease of use Examples
Name Your Price (Priceline)One-click (Amazon)
Business Process Patents
Cybersquatting.net, .org, .com, …Punctuation (hyphenation, etc.)Phrases, nicknames
Parody, criticism, complaint (cybergriping)Property rights vs. free speechBringing people to the site under false
pretensesIncluding the name in the url vs. appearing to
be the site
Domain Names
Responsibility to usersMaking it clear that its another siteProtection from inappropriate material
Responsibility to other site ownersBypassing advertisements
○ Ticketmaster and Microsoft
Hyperlinks