ECS 3361-6

Class 6
10/04/12




Unrelated News
Review of key parts of Class 5
Discuss Ch 4 – Intellectual Property
Discuss the Pentium Chip Flaw

ECS 3361-6
My Trip – (as if you care)

ECS 3361-6
Class 5 Review
• Personality Types
• Two types of classification
• Free on-line assessment
• Did anyone take the assessment?

• Harvard Business Review – Executive Psychopaths

ECS 3361-6
Intellectual Property



What is Intellectual Property
Protecting Intellectual Property
Copyright and Fair Use
Challenges

movies • Paintings.ECS 3361-6 What is Intellectual Property? • Any unique product of intellect that may have commercial value • Books. . songs. drawings • Inventions. chemical formulas. for liability. computer programs • Intellectual property is not physical property • In a corporation. these two forms of property need to be kept separate.

and Copyrights . Trade secrets. Patents.ECS 3361-6 Protecting IP • Two competing goals: • Benefiting the society — want inventions to reach the public domain without delay • Rewarding the creators — want to promote future inventions • Solution: • Gov’t grants limited ownership rights to IP creators • Protection Types: • Trademarks.

ECS 3361-6 Trademarks • A trademark is a word. trademark may be lost. • Protections: • Company can sue for improper use of its trademark • However. yo-yo . escalator. thermos. Xerox. E.g. a sound. if a trademark name becomes common noun. a logo. etc. • aspirin. that identifies a company or a product.

• the formula for Coca-Cola syrup • the internal design of a system • customer lists • Protections: • Owners must take active measures to keep their trade secrets from being discovered • Locked boxes • Non-disclosure agreements (NDA) and non-compete clauses • May involve several levels .g. E.ECS 3361-6 Trade Secrets • A trade secret is a confidential piece of IP that provides a company with a competitive advantage.Discuss • The Uniform Trade Secrets Act (UTSA) • Imposes civil liability for misappropriation of trade secrets .

• Provides owner with exclusive right to the invention • Owner can prevent others from making. or selling invention for 20 years (this term has changed over time. . • Time clock starts with filing of provisional patent. if applicable. depending on when the patent was filed).ECS 3361-6 Patents • A public document that provides detailed • description of invention. using.

ECS 3361-6 Patents • Here’s one of my patent applications – under review. • A easy free way to view patents is at www.org .pat2pdf.

.ECS 3361-6 Copyrights • Provides owner of an original work five rights • • • • • Reproduction Distribution Public display Public performance Production of derivative works • The length of the protection is defined by copyright laws (which have been expanded greatly over the years).

• Courts consider four factors: • • • • • • • • Purpose and character of use Educational use is generally OK Nature of work Nonfiction and non-arts work are more permissible Amount of work being copied Small portions are more permissible Effect on the commercial market for work Should have a negligible effect . it is legal to reproduce a copyrighted work without permission.ECS 3361-6 Fair Use • Under some circumstances.

(OK) • An art professor takes slide photos of some paintings from a book.ECS 3361-6 Fair Use Examples • A professor scan a few journal articles and post them on his class website. (Maybe not OK) • Discuss . Students in class use password to access. and uses the slides in her lectures.

DVDs • Easy to download books. • Tanya Andersen (case dropped) • Jammie Thomas (fined $222K for sharing 24 songs) • Fair Use Issues: • How to draw the line? • How to protect legal fair use right? • Software Protection? • Should software be copyrighted? • Should software be patented? .000 lawsuits against individuals for illegal downloading since 2003. and videos • Peer-to-peer network allow strangers to share music and other data files • The RIAA has filed more than 26.ECS 3361-6 IP Protection Challenges • Digital copies: • Easy to make perfect copies of CDs. music.

ECS 3361-6 Answers to the Challenges • Prevention • Digital IP Protection Techniques (e. • Whatever happened to the good old cassette days? • Discuss? .g. DRMs) • Tracking • Digital Watermarking • Punishing • Extending Copyright Laws • This is an on-going process. Some of the changes are controversial.

Diamond Multimedia Systems [1998]: • Issue: Transforming music CDs to MP3 format and playing on the Rio player • Verdict: Space shifting is fair use. (US Supreme Court 5-4) • RIAA v. . Universal City Studios [1976]: • Issue: Using VCR to tape TV programs for later viewing • Verdict: Time shifting is fair use.ECS 3361-6 Significant Fair Use Cases • Sony v.

to do so. Accolade [1992]: • Issue: Accolade made video games to run on Sega game machines. not copy the original work • Atari v.ECS 3361-6 Significant Reverse Engineering Cases • Sega v. Nintendo [1992] • Sony v. Connectix [2000] . they decompiled Sega’s game engine • Verdict: Reverse engineering does not violate copyright if the intention is to make new creative works.

‖ • Grokster case’s evidence: Grokster advertised ―an infringe use‖ of its service . • MGM v. • In court. In two years. it had 26 million registered users. it merely providing a directory service. as shown by clear expression or other affirmative steps taken to foster infringement. is liable for the resulting acts of infringement by third parties.ECS 3361-6 Significant File Sharing Cases • RIAA v. Napster [2001]: • Issue: Peer-to-peer music exchange network • Verdict: Web sites could be liable for users' actions if they took measures that deliberately encouraged users to do illegal things (Secondary Infringement) • Background: • Napster was started by a Northeastern student in the summer of 1999. Napster argued that it did not copy any files. Grokster [2005]: • Issue: Decentralized p2p file-sharing network • Verdict: In favor of MGM (by the Supreme Court) ―We hold that one who distributes a device with the object of promoting its use to infringe copyright.

―Red Book‖) • Encode patterns into audio that translate into annoying sounds when decoded • Secure Digital Music Initiative — introduces a ―digital watermarking‖ scheme .ECS 3361-6 DRM Examples (for CDs) • Exploit difference between CD-ROM drives in computers and CD players (―Yellow Book‖ vs.

• Status: In use.ECS 3361-6 DRM Examples (for DVDs) • Content Scramble System (CSS): • An encryption scheme for DVD contents. Need decryption keys to view a DVD.com and won • Johansen tried in Norway and found not guilty . but crack code exists • An Important Case: • Jon Johansen wrote a decryption program for Linux: • 2600.com published the code • Motion picture studios sued 2600.

The alternative? .ECS 3361-6 Criticisms of DRM • DRM undermines fair use • Some DRM schemes track user information • DRM protections never expire (unlike copyrights) • Many people believe that any technological ―fix‖ is bound to fail.

recordings. movies. author’s lifetime + 95 years .ECS 3361-6 US Copyright Laws • First copyright law was passed in 1790. • Each subsequent revision broadened coverage scope and increased protection period: • • • • 1831 Act – prints and sheet music. 75 years 1998 Act – music broadcast over the Internet. 42 years 1909 Act – photos. provided 28 (14+14) years of protection for books. 56 years 1976 Act – software and databases.

org .wikipedia.ECS 3361-6 Copyright Law Revisions Data taken from www.

‖ • Longer Protection • Benefits only the few owners of franchises • 1998 Act is called ―Mickey Mouse Protection Act‖ • Will shift progress of science and arts offshore where copyrights would have expired . Section 8. by securing for limited times to Authors and Inventors the exclusive Right to their Respective Writings and Discoveries.ECS 3361-6 Criticisms of Longer Protection • Constitution’s stated purpose of copyright law: • [Article I. Clause 8] Congress shall have the power: ―to promote the Progress of Science and useful Arts.

ECS 3361-6 Harsher Punishments • No Electronic Theft (1997): • Any unauthorized copying with retail value >$1000 • Digital Millennium Copyright Act (1998): • Many copyright violations become felonies • Digital Theft Deterrence and Copyright Damages Improvement Act (1999): • Minimum $750 for each infringement • Up to 5 yrs in prison or $500K fine for first offense .

YouTube lawsuit . but is still controversial. • Some Consequences: • While making a personal copy of music CD is fair use.ECS 3361-6 Digital Millennium Copyright Act • Passed in 1998. • DMCA makes circumventing copy control a felony. it is illegal to do so for movie DVDs • It is illegal to play a DVD on a GNU/Linux machine • OSP may be held liable (and face severe penalties) for copyright violations by its users • Viacom v. even if it is for fair use purpose.

ECS 3361-6 Software Protection • Utilitarian Arguments: • • • • Copying software reduces software purchases Leading to less income for software makers Leading to lower production of new software Leading to fewer benefits to society • Rights-Based Arguments: • Programming is hard work that only a few can perform well • Programmers should be rewarded for their labor and innovation • Programmers should to be able to own their programs .

not source code (Companies treat source code as a trade secret.) • Examples of violations: • Copying a program to give or sell to someone else • Preloading a program onto the hard disk of a computer being sold • Distributing a program over the Internet .ECS 3361-6 Software Copyrights • Included in 1976 copyright law revision • What gets copyrighted? • Expression of idea. not idea itself • Object code.

‖ • Result: Some bad patents have been issued . which performs a patentable function.ECS 3361-6 Software Patents? • Software is patentable if it contains a mathematical formula and implements it in a structure. • Patents are not to be given for things that are obvious or are already in common use. • But it is hard to determine what is ―obvious.

ECS 3361-6 Software Patent Examples • Data compression schemes: • GIF. JPEG. force-feedback (in game controller) . plug-in browser • User interfaces: • progress-bar. RSA • Internet tools: • pay-per-click ad. MP3.

• Traditional copyright has provided sufficient protection. . • Most software patents cover trivial inventions or trivial extensions of existing technologies. • Lack of patent application disclosure – Patent applications are published 18 months after they are filed.ECS 3361-6 Criticisms of Software Patents • Cost is too high.

ECS 3361-6 Open-Source Software • Opposite answer to proprietary software. GPL) • Free to modify and redistribute as long as the same rights apply to everyone receiving the software . • No restrictions preventing others from selling or giving away software • Source code included in distribution • No restrictions preventing others from modifying source code • No restrictions regarding how people can use software • Copyleft: (e.g.

and distribute. but no commercial use • Free copy and distribute. e. • Free copy.ECS 3361-6 Creative Commons Licenses • In 2001. a group of professionals created the non-profit corp.g. but no modification or commercial use • Many Wikipedia pictures are protected by CCL . Creative Commons to provide copyright licenses free of charge. • It allows the author to decide the extent of IP protection. modify.

quality can be poor • Relatively weak graphical user interface • Poor mechanism for stimulating innovation – no companies will spend billions on new programs .ECS 3361-6 Open-Source Benefits • Programs belong to entire community • Eliminates tension between obeying law and helping others • Gives everyone opportunity to improve program • New versions of programs appear more frequently • Shifts focus from manufacturing to service Criticisms • Without an ―owner.‖ incompatible versions may arise • Without critical mass of developers.

Company A made a copy of S. Company B sued. Which side do you think should win? • Consider applying the fair-use guidelines to making a video of oneself lip-synching to a popular song and posting the video on a social-networking site. and video grows cheaper. not to resell. but to provide service to C. C uses a software S made by company B. the restrictions needed to enforce copyright grow more expensive and invasive. Give arguments for each side. Does copyright have a future in the digital age? Or are new technologies steadily making it obsolete? .ECS 3361-6 Discussion Questions • A software service company A has a client C. Do you think it is ethical to do this? • As the copying of digital texts. audio. and company A argues that the copying was a fair use.

i-phones. think-pads. Put everything away • No earphones.. etc. • Only need 1 piece of paper and a pen or pencil ..ECS 3361-6 You knew this was coming . books. Headphones.

Make sure you NAME is on both.ECS 3361-6 Quiz #2 Match the following letter to number that best fits A) Kantianism 1) Framed in the language of rights B) Act Utilitarianism 2) Atlas Shrugged by Ayn Rand C) Rule Utilitarianism 3) Cost-Benefits of building a highway D) Ethical Egoism 4) Focus on the rightness of moral rules E) Social Contract Theory 5) Evaluating benefits of all actions that follow a given law or guideline Hand in Quiz 2 and optional HW (if you did it). and Take a 5 minute break .

Quiz #3 ―The only ground on which intervention is justified is to prevent harm to others.. I know this is a hard one.ECS 3361-6 And because this is really 2 classes put together into one long class . the individual’s own good is not a sufficient condition...‖ 1) This is known as _________________ 2) Was Kant for or against censorship? Why? 3) What are the 2 types of censorship? 4) What is a Real-time Blackhole List? 5) What is the Kantian view of internet addiction? (Yes..) .

Ch 4 • #20 • #23 . 213-214.ECS 3361-6 Class 6 HW 3 • P.

the media began to report that there was a flaw in the new Pentium microprocessor produced by Intel. • Flaws in a complicated integrated circuit such as the Pentium are not uncommon. Engineering Ethics .ECS 3361-6 The Flaw in the Intel Pentium Chip* (1) • In late 1994. B. *Fleddermann. since at that time it was the microprocessor used in 80% of the personal computers produced worldwide. Most of these flaws cannot be detected by the user and do not affect the operation of the computer. C. • A flaw in the Pentium was especially significant.

This particular flaw was in the floating point unit (FPU) and caused a wrong answer when double-precision arithmetic.145. • With the flawed FPU. In fact.579 . a very common operation. it first came to light when a university researcher noticed that the results of some calculations he was performing using his PC were incorrect.195. multiply it by 3.ECS 3361-6 The Flaw in the Intel Pentium Chip (2) • The flaw that was discovered in 1994 was different.195.835. • The flaw was easily detected by computer users. • Widely published test: Using spreadsheet software. a very common computer operation.727. It caused incorrect answers when performing double-precision arithmetic.145. the user was able to take the number 4.727. and then divide that result by 3. was performed. the result of the calculation was 4.

Intel switched its policy and stated that although there was indeed a defect in the chip. canceled the sales of all IBM computers containing the flawed chip. • It should be noted that long before news of the flaw surfaced in the press. • IBM. • It did. Intel was aware of the problem and had already corrected it on subsequent versions. and based on its early insistence that the flaw did not present a significant problem to most computer users. • Eventually. . the defect was insignificant and the vast majority of users would never even notice it. • Finally. • When it became clear that this assertion was not accurate. continue to sell the flawed chip. Intel had a write-off of $475 million to solve this problem.ECS 3361-6 The Flaw in the Intel Pentium Chip (3) • Intel’s initial response was that to deny that there was a problem with the chip. apparently planned to continue this practice until the new version was available and the stocks of the flawed chip were exhausted. a major Pentium user. however. Intel agreed to replace the flawed microprocessor with an unflawed version for any customer who asked to have it replaced.

certainly this was a public relations disaster for Intel.ECS 3361-6 The Flaw in the Intel Pentium Chip (4) • This incident can perhaps be viewed as simply a public relations problem not involving any ethical issues. However. These include the following: • Should defects be revealed to consumers? Are there times when it is ethical not to reveal defects? Is it an ethics problem only if safety is involved? • Suppose a manufacturer places a warning in the literature that comes with a product such as ―This product may contain unexpected flaws and might not operate correctly under all conditions. what level of defects is acceptable? Does this depend on what the product is? • What do codes of ethics of professional engineering organizations such as the IEEE say about selling products that are known to be defective? • What were the responsibilities of the engineers working on the Pentium chip once they became aware of the flaw? • Discuss . there are also some interesting ethical issues that can be discussed.‖ Does this solve the ethical problems for the company? • How can an engineer be sure that there are no defects in a product? If it is impossible to eliminate all defects in a product.