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Professional, Ethical, Legal and Societal Implications of Computer Systems
Professional, Ethical, Legal and Societal Implications of Computer Systems
Intellectual Property
Computer Ethics, Third edition, Deborah Johnson, Chapter 6
A Gift of Fire, Third edition, Sara Baase, Chapter 4
Quotations
“I guess it [intellectual property] makes sense if capitalism makes
sense.” Author Unknown
Then I think of people like Benjamin Franklin, who never patented any
of his inventions, because he wanted them to be mass produced for
the good of all. He certainly didn't die a poor man.” Author Unknown
What We Will Cover
Why Goal Setting Fails
The Value of Intellectual Property
Copyright Law
Significant Cases
Search Engines and Online Libraries
Free-Speech Issues
Free Software
Industrial Property
Patents
Trademarks
Why Goal Setting fails (Darren Hardy)
1. Wish List and Cross Your Fingers
You cannot simply write down a list of wants on New Year’s Day,
stick it in a drawer for the rest of the year and wait around for your life
to change.
2. Clear as Mud
Your goals have to be crystal clear. You have to give clear
instructions to your brain in order for it to see and ‘draw’ into your life
what you need to accomplish your goals. Just like the combination on
a lock or the digits in a phone number or an ATM code, if the
instructions are off by only one digit, they won’t work.
Why Goal Setting fails (Darren Hardy)
3. All Talk
Proclaiming your goal is just the starting point. Now you have to actually
draw a map for exactly how you are going to get there and define the
resources you’ll need to arrive safely.
5. Lack of Reinforcements
And don’t forget the support and guidance of people and resources
you will need along the way. Before marching blindly into the next year,
the first, and most important, activity is to take a look back at the year
just finished. Take an inventory, add it all up and see how you did.
The value of IP in our age
"It is estimated that by 2007, as much as 90% of the
value of the world's top 2000 enterprises will consist of
intellectual property" (PriceWaterhouseCoopers, 2003).
Source: http://www.jipo.gov.jm/pages/copyright/cr_study.html
Intellectual Property in Jamaica
The study noted that,
The copyright-based sector can become one of the main
sectors leading the Jamaican economy. However, current
challenges impeding such development include; shortage of
both working capital and real fixed capital as well as skills in the
private (wage employment) sector, combined with an
inadequate protection of loan finance and a community of
traditional capitalists lacking interest in large-scale domestic
capital formation in this sector.
Successfully realising the sector’s potential will require among
other things:
Investment in acquiring and producing applicable knowledge
- relevant education and training for practical participation in
the relevant industries.
Corresponding investment in physical capital assets to
complement the human capital accumulation (above
described). These assets both include public infrastructure
and private physical capital formation.
Intellectual Property and
Changing Technology
Challenges of New Technology:
Digital technology and the internet has made
copyright infringement easier and cheaper
New compression technologies have made copying
large files (e.g. graphics, video and audio files)
feasible
New tools allow us to modify graphics, video and
audio files to make derivative works
Scanners allow us to change the media of a
copyrighted work, converting printed text, photos, and
artwork to electronic form
Fair Use Doctrine
Four factors considered
Purpose and nature of use – commercial (less likely) or non-
profit purposes
Nature of the copyrighted work
Amount of significance or portion used
Effect of use on potential market or value of the copyright
work (will it reduce sales of work?)
Nature Published work, factual or non- Unpublished work, highly creative work
fiction based, important to favored (art, music, novel, films, plays), fiction
educational objectives
Amount Small quantity, portion used is not Large portion or whole work used, portion
central to ‘heart’ of the work used is central to ‘heart’ of the work
Amount is appropriate for favored
educational purpose
Effect User owns lawfully acquired or Could replace sale of copyrighted work,
purchased copy of original work, Significantly impairs market or potential
One or few copies made, No market for copyrighted work or
significant effect on the market or derivative, reasonably obtained licensing
potential market for copyrighted agreement for use of copyrighted work,
work, No similar product marketed affordable permission for using work,
by the copyright holder, Lack of numerous copies made, accessible on
licensing mechanism Web or other public forum, repeated or
long term use
Intellectual Property
Discussion Questions
On September 28, 1999, two years & one week after the
application was filed, Amazon was granted United States Patent
Number 5,960,411. It is now known as Amazon's "1-Click"
patent. The patent describes an online system allowing
customers to enter their credit card number and address
information just once so that on follow up visits to the website all
it takes is a single mouse-click to make a purchase from their
website.
Controversial software patent:
Amazon.com 1-click patent
Amazon sued Barnes&Noble.com in October 1999
charging that Barnes&Noble.com had essentially
copied Amazon's 1-Click technology, which allows
customers to skip several steps in the checkout
process by presetting credit card and shipping
information.