discussion (300 words total)

Intellectual Property A work or invention that is the result of creativity ◦ A new technology ◦ A manuscript ◦ New product design ◦ Software products ◦ Algorithms and flow charts?

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Intellectual Property Rights Are legal rights bestowed to an individual or group who invented an intellectual property.

Four main types ◦ Patent ◦ Copyright ◦ Trademark ◦ Trade-secret

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Copyright A right enforceable by law bestowed to the creator or inventor of an expression. ◦ 1978 Copyright Act

An expression can be ◦ Books ◦ Audio/video recordings ◦ Pictures and architectural work

To be protected, an invention should be ◦ Original (or derived with permission) ◦ Expressed in some form ◦ Fixed in a medium

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Patent Protects inventions and discoveries. ◦ Machines ◦ New production process (Not ideas!) ◦ Tangible products

A patented product should satisfy ◦ Utility ◦ Novelty ◦ Nonobviouness ◦ Disclosure

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Trade-secret Information that gives businesses competitive advantage.

No federal protection ◦ Unfair competition federal laws

Indefinite life protection

Trade -secrets should satisfy ◦ Secrecy outside of the business ◦ Safety procedures ◦ Valuable information ◦ Large effort and amount of time to develop ◦ Less time to duplicate

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Trademark A label that identifies the product or service ◦ 10 years (renewable) of protection ◦ State laws

A trademark should satisfy ◦ Good taste to the public ◦ Not contain any sign to any country

or origins (KFC?) ◦ Not using people’s likenesses either

in life or death without consent.

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Computer Products (Hardware) Tangible

Direct value

Patents?

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Computer Products (Software)

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Intangible ◦ Flow Charts / Algorithms ◦ Source code ◦ Object code ◦ Memory based executable code

Direct/Indirect value

Service? (Canned Software)

Copyright?

Trade-secret?

Software protection

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Cybersquatting The act of grabbing someone’s name and registering it as a web domain name. ◦ The victim will need the address in

the future. ◦ The intention of the culprit is to reap

money. ◦ Illegal under the Anticybersquatting

Consumer Protection Act (ACPA 1999)

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2000’s Senatorial Elections Case Chris Hayden paid 70$ for exclusive 2 years rights of ◦ www.hillary2000.com ◦ www.hillaryclinton2000.com ◦ www.clinton2000.com

Mrs. Clinton's campaign team wanted web presence

Mr. Hayden demanded 15,000$ for www.hillary2000.com

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Cybersquatting

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Data Ownership (1) The data is about you ◦ But do you own it? ◦ How can it be used?

If someone wrote about your biography ◦ His work is copyrighted! ◦ But you can sue him for libel if he intended to lie or to be inaccurate

If I photographed you ◦ I own the photo, BUT ◦ I shouldn’t use it or alter it for libel or anything that can harm you.

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Data Ownership (2)

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Even without altering! ◦ The photo can be demeaning.

Data collection and curation ◦ Data collected about you ◦ With permission? ◦ Efforts are added to make this data usable

for some application. ◦ Who owns the data? ◦ Copyrighted?

Who owns the data?

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Rate my Professor Students need to know about professors before joining their class. ◦ How they are good teachers ◦ Average GPA

Has an impact on ◦ Enrollment in class ◦ The professor’s professional career

Who owns the data?

How can professors complain?

Can they sell or distribute the data?

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Data Destruction Some businesses get bankrupt ◦ They have our data! ◦ Can they sold it as other assets?

Data should be destroyed not sold?? ◦ Can it be sold while preserving privacy

agreements?

Any privacy policy approved by the customers should last even after the business’s bankruptcy.

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RadioShack When they bankrupt they went selling their assets.

They have a lot of customer information. ◦ Personal profiles ◦ Transactions ◦ Credit card

They were planning to sell this data ◦ State attorney generals sued them to stop the

sale

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Selling the data?

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Assignments Write about ONE of the following ◦ Any experience you had patenting, copyrighting, trademarking, or trade-secreting an

invention, product, software, book, …(As a student)

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