Transcript IP part 3 - University of Alabama

IP part 3
CS 340
Copyright in the News
• Opinion piece: “Copyright: It’s Corroding
Musical Creativity in America”
• Copyright violations & college students from
The Daily Princetonian
• From Patrick Wolf to Def Leppard, why do
artists keep re-recording their old hits?
– How Squeeze seized the keys to their back
catalogue
Fair Use Wrap-up
• “What uses of copyrighted material does fair use permit?”
– Four factor fair use test is a must; no blanket guidelines
•
Incidental, proportional, transformative uses often are fair uses
• “Are site operators responsible for copyright infringing material
posted by users?”
– Takedown notice: if sites remove material when asked
by the copyright owner they fall into the DMCA safe
harbor of avoiding liability
• “Abuse” of take down notices –
– Often fair use considerations are not applied “fairly”
– See More Than 1 mil Blogs Go Dark Due to Takedown Notice
» 1.45 Education Blogs pulled offline
– Bye, Bye Dancing Baby:
http://www.ipbrief.net/2012/10/22/dancing-baby-takes-on-universal-music-group/
– SOPA & PIPA 2011 Legislation
• Colbert & MPAA chief
Other Kinds of IP:
Patent Protection
• Exclusive grant of property rights to the holder
from the US government
• prohibits others from making, using or selling the
invention in the US
– Right to exclude others; holder has exclusive rights to
make, sell, use invention
• In exchange for patent, enough information must
be given so that at end of the patent term others
may be able to use/create the invention
– Quid pro quo
Patent Law (continued)
• United States Patent and Trademark
Office (USPTO): verify inventions are
patentable and meet two criteria:
– Novelty: An invention is novel only if it has
not previously been invented by someone
else
– Nonobviousness: A solution to a problem
that is obvious to another specialist in the
appropriate area cannot be patented
Ethics in a Computing Culture
5
Kinds of Patents & Timeframes
1. Design - ornamental - grant is for 14 years
from date of patent grant
2. Plant/utility - for processes - 20 years since
filing request
• Eligibility of software, change to allow patent, Diamond v.
Diehr
• original process involving computer calculations includable in patent.
IP protection of software
• P. 130:
– Copyright
• the code
• Some aspects of look and feel copyrightable; compare
– Lotus v. Borland
– Atari v. North American Philips
– Trademark
• For identifying source of goods
– Patent?
• Bilski v. Kappos US S Ct 2010 (a.k.a. Bilski v. Doll)
– Utility patents are not just limited to the machine or
transformation test.
Case Studies
• Coupling a process with software
– Amazon 1 click business method patent, p. 132
– Google algorithm, p. 133
• “Apple, Samsung, Google and the smartphone
patent wars - everything you need to know”
• Article from the Guardian:
– http://www.guardian.co.uk/technology/2012/oct/22/
smartphone-patent-wars-explained
Touchless Gesture Controls
• Apple and Microsoft filing patents for touchless gestures controls.
– Details:
– http://mobility.cbronline.com/news/apple-microsoft-competing-for-touchless-controlspatents-311011
– From what we’ve discussed before, what can you
tell me about why they are seeking a patent
instead of a copyright?
Looking at a tech patent
• Apple’s most recent
approval:
•
–
http://patft.uspto.gov/netacgi/nphParser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fn
etahtml%2FPTO%2Fsearchbool.html&r=11&f=G&l=50&co1=AND&d=PTXT&s
1=apple&OS=apple&RS=apple
–
http://www.mobileburn.com/17264/news/appleawarded-unlock-screen-gesture-patent
Other physical gestures that have been
patented:
–
http://io9.com/5808604/10-physical-gesturesthat-have-been-patented
TradeMark quickFACTS
• Something that identifies the goods of one manufacture or
seller from another
– Symbol, word, design, or something else
– Trade Dress: involves the look and feel of a product or its
packaging
• Test looks for distinctiveness, attributes of arbitrary or
fanciful are important.
• Similar IP: the Service mark, ids a service
• Trademarks are indicated by TM or (R) symbols
– illegal to use without the registration process
• Having a trademark can help you enforce against the
importation of infringing goods
• Trademarks require renewal (10 yr)
• Protection until mark becomes generic
Factors in a Dilution case
• If your trademark become generic, it can no
longer be registered.
– “blurring”
– “tarnishment”
• 15 USC § 1127 defines dilution as “lessening
of the capacity of a famous mark to identify or
distinguish goods or services”
• The idea is to bring a cause of action to
protect your distinctiveness
Factors a Ct. looks at in Trademark
infringement cases
15 U.S.C. § 1114
1. Ownership of valid, registered mark
2. Alleged infringer used
3. In commerce
4. The mark or similar symbol
5. In connection with offering for sale, distribution,
advertising goods or services
6. the use caused likelihood of confusion, mistake
or deception.
Trademark cases
• Teacher example hypothetical: PINK panties
• Ty Inc. v. Perryman
• Chewy Vuitton: http://www.marylandiplaw.com/2007/11/articles/ipnews-and-trends/louis-vuitton-malletier-sa-v-haute-diggity-dog-llc/
• The Daniel Moore case v. UA
– Opinion: http://howappealing.law.com/UnivOfAlabamaVsNewLifeArt.pdf
– On Appeal: http://www.foxnews.com/us/2012/02/02/artist-battles-alabama-overfootball-paintings/
– CW letter from D. Moore: http://cw.ua.edu/2012/02/20/university-cannot-licensefree-expression/
– Remanded: http://www.forbes.com/sites/oliverherzfeld/2012/10/11/resolvingconflicts-between-trademark-and-first-amendment-rights/
Trademarking In the News
• http://www.torontosun.com/2012/10/22/star
s-whove-attempted-to-trademarkcatchphrases
• Tebowing:
– http://espn.go.com/new-york/nfl/story/_/id/8525097/tim-tebow-new-yorkjets-trademarks-tebowing
– http://www.latimes.com/sports/football/nfl/la-sp-nfl-report20121020,0,746230.story
– http://deadspin.com/5953262/tim-tebow-has-officially-trademarkedtebowing
A kind of Trademark infringement:
Cybersquatting
• 1999 Anti-cybersquatting Consumer Protection Act
– Creates a c/a for mark owners against those who
in bad faith “register, traffics in, or uses a domain
name” that is the same as or confusingly similar to
a trademark.
Trademark issues presented by:
• Hyperlinking:
– Ticketmaster v. Microsoft
• Meta tag baiting:
– Playboy v. Wells
Trade Secret Protection
• Info that gives a competitive advantage
• Applies to formulas, recipes, designs, processes
• For trade secret protection there are
requirements that you have taken measures to
protect information.
– Once information is out (in public domain) it is no
longer eligible for trade secret protection.
• The purpose of many non-disclosure agreements
is aimed at maintaining trade secrets.
What trade secrets can protect:
• Related to software:
– “graphics, source code, object code, algorithms, programs or other
technical descriptions, data flow charts, logic flow charts, user
manuals, data structures, and database contents." examples from
David Himelstein
• Trade secret status offers indefinite protection
as long as secret is kept
• What if your trade secret has been “reverse
engineered”?
Misc. IP Issues
• Creative Commons
– Creativecommons.org
– P. 134
• Region coding on DVDs
– P. 137
• Digital watermarking
– P. 140
Cases from Book, pp. 124-9
• Bragg v. Linden Lab
• Plays for Sure
• Reusing Images found
on the Internet
• DeCSS