Group 3 – Intellectual Property

Farshid FirouzehSyed Mohammed

Logan Everett

Lee SeverskyLeonard WongMark Bojdak

Copyrights

By Farshid Firouzeh

What is a Copyright? A form of protection to authors of

original works

The work in question must be expressed through some permanent medium

Obtaining a Copyright Step 1: Identify the type of work

Step 2: Fill out form specific to your work

Step 3: Send $30, payable to Register of Copyrights, and completed form to Copyright Office

History 1710 – Statute of Anne

Copyright Act of 1790 - Many revisions made : 1831, 1909, 1976

Berne Convention

Title 17, United States Code Chapter 1 : Subject matter and

Scopes Chapter 2 : Copyright ownership &

transfer Chapter 3 : Duration of Copyrights Chapter 5 : Copyright infringement

& remedies

The Future? The Ol’ copy machine

Digital Millennium Copyright Act

File sharing : Infringement to the max…

How can we better enforce Copyright laws?

The End.

Patents

Presenter : Syed Mohammed

What is a Patent ? A patent is an exclusive right

granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

Types Of Patent Application Provisional Utility (Non-provisional patent) Design Plant International

Provisional Patent It allows filing without a formal

patent claim, oath or declaration, or any information disclosure (prior art) statement. A provisional application for patent (provisional application) has a pendency lasting 12 months from the date the provisional application is filed

Utility Patent Utility patents may be granted to

anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof;

Design Patent Design patents may be granted to

anyone who invents a new, original, and ornamental design for an article of manufacture

Plant Patent A plant patent is granted by the

Government to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state

International Application An application filed under the

Patent Cooperation Treaty. Allows a trademark owner to seek

registration in any of the countries that have joined the Madrid Protocol by filing a single application

Ways to file an application with USPTO

Electronically – Provisional patents Self written Patent Agent/Attorney

Future work

Frivolous patents Microsoft - the time-based

hardware button for application loss

Amazon's one-click

Conclusion

There are several initial low-cost steps you can take to protect your ideas and inventions. The United States are "first-to-invent" countries, not "first to file". You can legally do this for just a few cents. So why wait?

Trade Secrets

Logan Everett

Overview What is a Trade Secret?

Trade Secret Acts

Trade Secret Contracts

Trade Secrets in Software

Definition of a Trade Secret Must derive economic value from

not being widely known (competitive edge) Also: can’t be easy for someone to

legally recreate Owner must take action to protect

its secrecy Not registered in any way

Examples of Trade Secrets Coca Cola Formula

Marketing Research

Source Code

Trade Secret Acts Uniform Trade Secret Act (1979)

Template for state civil laws Economic Espionage Act (1996)

Covers federal criminal laws “Misappropriation”

Covers theft, disclosure, acquisition, use

Trade Secret Contracts Non-Disclosure Agreements

Trade Secret being released for specific purpose

Often given to any employee w/ access

Best way to protect Trade Secrets

Trade Secrets in Software Most Obvious: Source Code Other Documents:

Design Testing

Alpha and Beta Releases Reverse Engineering vs. EULA

Conclusion Trade Secrets

Unregistered Intellectual Property

Dictated by Contracts, Acts

Apply to Software Industry

Software Piracy

Lee Seversky

Software Piracy What is Software Piracy

Illegal duplication and distribution of software packages and applications

Violates intellectual property laws, license agreements, copyright laws

Illegal, regardless of the severity, frequency, motivation, profit

Software Piracy Who Engages in Piracy

Casual users Corporations Schools, universities Professional counterfeit rings Crime syndicates Computer retailers

Software Piracy Piracy Classifications

End User Piracy Reseller Piracy Software Counterfeiting Internet Piracy

Classified by common motivation and method

Software Piracy Classifications

End User Piracy, “Soft Lifting” Distributing a single license among many

systems and, or, users Common in schools, universities,

business, colleagues Motivations

Lack of education, enforcement

Software Piracy Classifications

Reseller Piracy, “Hard Disk Loading” Common among discount computer resellers

Bargain basement computer discount stores Computer shows Internet stores selling “bare bone” systems

Increases value of system for little or no additional cost to the seller

Motivations Large competition between discount retailers Lack of enforcement

Software Piracy Classifications

Software Counterfeiting World wide counterfeiting groups Organized crime syndicates Professional operation requiring expensive

duplication machines Distribute material around the world Reproduction costs are cheap. Profits are large. Motivated by money, often used to fund other

illegal activities Most popular worldwide and most damaging

Software Piracy Classifications

Internet Piracy General availability of high speed Internet connections

increases potential number of users engaging in piracy “Casual pirate”, any user browsing and using illegal

software from the web Large scale organized “warez” groups

Close knit group distributing illegal software among elite House illegal software in the hundreds of terabytes Drink or Die

Easy to distribute and gain access to pirated material Motivations

Group / personal satisfaction Lack of enforcement

Software Piracy Impact of Piracy

$70 billion, software revenue worldwide $29 billion, projected losses from piracy Asia highest percentage of piracy, 92% United States, 22%, but represents largest revenue loss.

Measuring Impact Many argue losses from piracy are much less Projections do not reflect if the pirated software would

have been purchased legally In location such as Asia, piracy may even expand user

base for large companies such as Microsoft Hurts smaller companies Hurts software market, less diversity and innovation

Software Piracy Combating Piracy

Technology Product Activation, Microsoft is expanding Digital Rights Management Close integration with hardware and Operating System

Education Increase awareness Teach users about their rights and intellectual property rights

Watchdog Groups Business Software Alliance Independent groups monitoring business / Internet Work with law enforcement

Provide choice, add extras to legal software at reasonable prices

Software Piracy The Future for Software and Piracy

A Business Model Change Move to offering services instead of software Microsoft looking to lease their software Full control over how, where, and by whom the

software is used Free Software movement

Free and Open Source software provides a free alternative offering equal and or superior choices

Removes money, driving factor for piracy Still licensing issues

A software market that minimizes the need and demand for software piracy

Software Licenses and Patents

Leonard Wong

Software Licenses Provide terms designed by developers Expiration date of software Restrictions:

Copies Distribution Sublicense, rent, lease or transfers Reverse engineering Removal of copyright, product ID, product

restrictions Copying documentation

Software Licenses Determines Ownership

You bought the right to USE the software

You don’t have any “holdings” in the software or company

Warranty Information User usually assumes all risks in using

the software

Software Licenses Developers way to cover themselves

You get a seizure? Too bad! Developers way to protect their work

Often vague terms open to interpret in court, covers the grey areas

“file sharing” Making copies as a “backup” Installing a copy in the same household

Software Licenses READ YOUR LICENSE

AGREEMENTS! You may be exposing yourself

Company A may sneak in terms to: Exploit your personal information Install 3rd party software Gain rights to work you produce using their

product

Patents Properties of a Patentable work:

Be Statutory Cannot be mere compilation of information

Be New Cannot be public knowledge to begin with Cannot be something that was published for a year Cannot be something marketed to the public for a year

Be Useful Be able to perform its intended function Function must be meaningful

Be Non-obvious If derived from a previous art, it should not be derivable

by “a person of ordinary skill”

Software Patents Software was not patentable until 1981

Software was not considered statutory A computation was a function of the machine

(computer) despite its complexity Programs were viewed as mathematical algorithms, not

machines or processes 1981 case of Diamond v. Diehr

Invented new method to cure rubber Application to patent the method, NOT the computer

program Involved a computer to calculate heating times for the

rubber Patent was granted to the software that controlled the

timing

Software Patents Patentable Software

Program that is NOT merely a mathematical algorithm but a process that contained a mathematical algorithm

Software Patents 1996 (most recent) revision:

Clarified what was “not merely a mathematical algorithm”

Invention with significant post solution activity The program used to time the heating of rubber

Invention with significant pre-computer process

Program that used and manipulated real world values

Manipulation of seismic data or electrocardiograph data etc.

Software Patents Patent Vs. Copyright

Difference between stealing and just copying

Ownership of a unique invention Much greater protection $5,000 to $10,000+ venture

Software Patents Provides proof of a genuine unique

idea/invention Microsoft Vs. Stac Electronics

$120 Million settlement against MS Data compression algorithm

Software Patents and Licenses Important in keeping the playing

grounds fair Who gets credit for the idea? Is this an original idea or a duplicate?

Provides terms to adhere by What is acceptable use? What rights are you entitled to as a

user?

Software Patents and Licenses Rules, laws and definitions change

as rapidly as the technology does It is important to keep up to date with

major changes in policy

Transnational Issues Involving Intellectual Property Rights

By: Mark C. Bojdak

Intellectual property rights are:

How are they governed at an international level?

Example:

Student Connecting to US Server

Downloading MP3 to PC in Germany

United StatesGermany

What law is the student governed by?Germany or the United States?

Major Organizations WIPO

World Intellectual Property Organization Consists of 177 member states Oversees 21 International Treaties One country, One vote

WTO World Trade Organization Vote by consensus Dispute Settlement Body (DSB)

Makes decisions on trade disputes between governments within the organization

TRIPS Trade Related Aspects of Intellectual Property Rights

Enacted in 1994 and overseen by the World Trade Organization (WTO)

An attempt to narrow the gaps in the way intellectual property rights are protected around the world, and to bring them under common international rules.

Recent Intellectual Property Issue

Neem Tree Located in India For over 200 years it

has been used formedicine, timber,fuel, pesticides, etc.

Legal Dispute with US US companies have

various patents on thetree to conduct researchand development

US companies are suingIndian companies for producing emulsionsfrom the tree

Future, Conclusion As international communication

becomes easier, intellectual property issues become more complex

Organizations, treaties, and agreements continue to grow and adapt to the modern world