1.
Find an article on
copyright dealing with internet/web issues.
Give your 1-2 paragraph synopsis of the article.
1.1)
This article came from the Galileo business source complete database.
The title of the scholarly article is “The Yin and Yang of Copyright and
Technology”. Within this document
you can find out that there is pressure from technology and Internet service
providers stressing on the United States copyright law.
New technology today must ask the question that whether it might be
liable for inducing copyright infringement.
Copyright holders reserve the right to make copies of their work;
however, new technology rarely asks permission to make copies and there have
been several clashes. “Technology has changed the integrity associated with
distributing copies of copyrighted works by making copying easy and worldwide
distribution instantaneous” (Picker).
Congress passed the Prioritizing Resources and Organization for
Intellectual Property Act of 2008; this act is also known as the PRO IP Act.
This act gave the federal government the power to seize Internet domain
names that had allegedly infringing behavior being conducted.
On February 1, 2011 the government seized the website rojadirecta.com
that streamed soccer games. The
website was infringing upon broadcast stations that were not receiving their
viewing ratings.
Picker, Randal C. "The Yin And Yang Of
Copyright And Technology."Communications Of The ACM 55.1 (2012): 30-32. Business
Source Complete. Web. 17 Feb. 2013. <
http://ehis.ebscohost.com/eds/detail?vid=3&sid=07a2c495-6025-4acb-b041-7f83c4ac9c78%40sessionmgr114&hid=116&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=bth&AN=71677733>.
2.
Find an article on
the new copyright bill (either the Digital Millennium Act or the Teach Act).
Give a 1 page synopsis of how you think this bill might change copyright
issues on the web
2.1)
This article is about the Digital Millennium Copyright Act (DMCA).
In 1998, the United States government signed into law the DMCA; the Act
is a Public Law 105-304, passed by the 105th Congress.
The DMCA Law implements the two 1996 WIPO treatises: (1) the WIPO
Copyright Treaty and (2) the WIPO Performances and Phonogram Treaty (Stamatellos).
The DMCA poses a number of central copyright issues related to computer
technology and information systems.
The appropriate vehicle to control software intellectual property
protection may not be to copyright it.
The nature of the computer program and what new services the program can
bring to the people should be copyrighted.
The bill can warn off potential threats by following the safe harbor
jurisprudence of the law.
When an adversary is being convicted of breaking the DMCA law, the person
pressing charges must not have actual knowledge of the infringement on a
specific case. The charger must not
receive a financial benefit from the infringing activity.
The party pressing charges must not edit or otherwise control the content
of the material submitted by the public to the website.
The charging party must advise the Copyright Office and users in writing
of the appropriate contact agent to receive notice from the copyright holders of
claimed infringement with a take down notice.
Next, the plaintiff is to remove the infringement material and post on
the site with a notice indicating that it will terminate the access of repeat
infringers and comply with such policy.
If and only if the charging
party followed the safe harbor then they are protected and in the right to press
charges to adversaries that are guilty of infringement.
The DMCA law will only protect website
domains, but this is the wrong law for software protection.
Robins, Martin B. "A Good Idea
At The Time: Recent Digital Millennium Copyright Act § 512(C) Safe Harbor
Jurisprudence--Analysis And Critique Of Current Applications And
Implications." Tulane Journal Of Technology & Intellectual Property 15.(2012):
1-29.Academic Search Complete. Web. 17 Feb. 2013.
<http://ehis.ebscohost.com/eds/pdfviewer/pdfviewer?sid=a3fe8153-bb23-4929-a1b5-4c435f02d62b%40sessionmgr10&vid=4&hid=8>.
Stamatellos, Giannis.
"Intellectual Property." Computer
Ethics: A Global Perspective. Sudbury, MA: BOSTON, 2007. 44. Print.
3.
After reading
Chapter 7, 8 and 9, write a ½ page synopsis of EACH chapter.
3.1)
Chapter seven involves examining crimes in cybertechnology.
The typical cybercriminal is that of a hacker that has an intent to
destroy data with malicious activities.
Cybercriminals are known to possess the same skills as that of an expert
computer scientist; however, the malicious hacker does not possess outstanding
skills but are knowledgeable in using computer tools to destroy data.
There are hackers that crack code for a justifiable cause to catch
criminal and help out companies, they are the white hat hackers.
Hacking can be creditable if there is something good to come of it.
The hacking criminal is the one who can unleash a program to disrupt
transmissions of data across a network.
The Conficker virus was started by a cybercriminal.
Cybercrimes are specific to privacy, trespassing, and vandalism.
Cyber-related crimes can be exacerbated by cyberstalking and internet
pornography. The criminal can be
assisted in a cybercrime by online tax fraud.
3.2)
Chapter eight describes the criminal aspects of software piracy and gives
an in depth perspective of intellectual property.
There are copyright laws, patents, trademarks, and secrets that protect
digital media by protecting intellectual property dealing with software
production. A patent is a great
vehicle to protect intellectual property and protects an invention or process.
A patent can protect intellectual property for up to 20 years.
A trademark is a word, name, phrase, or symbol that identifies a
company’s product and services. A
trade secret is considered highly valuable for a company.
A trade secret is used to protect Coca-Cola’s formula for the soft drink.
Coca-Cola’s formula will remain protected as long as the formula remains
a secret. The DMCA law protects
websites from being infringed by adversaries and keeps peer to peer network
sharing off the internet.
3.3)
Chapter nine gets more in depth of crimes involving cybertechnology such
as spam, child pornography, and sexting.
This chapter involves regulating commerce and speech in cyberspace.
The main question to be answered was, “Can cyberspace be regulated?”
Cyberspace should be regulated to protect intellectual property learned
from chapter seven, and catch cybercriminals learned from chapter eight.
Digital rights management (DRM) can be used to enforce copyright law.
The digital rights helped protect the music industry by enforcing
penalties for illegal copying of music.
The CIPA (Children’s Internet Protection Act) was ruled in favor of the
U.S. Supreme Court in June 2003 that protected children in school and library
settings from viewing pornography.
4.
After reading the Links for chapters 7, 8 and 9, write a ½ page synopsis
of EACH link.
4.1)
This article is titled, “Straight Talk About Cyberstalking” and will go
into detail about important facts that chapter seven in the textbook left out.
Cyberstalking includes taking action in false accusations, monitoring,
threats, identity theft, and data manipulation and data destruction.
Then, there are several ways to prevent cyberstalking. Teach your
children about cyberstalking by not providing their personal information online.
Keep watch over your computer and do not let others on your profile, also
be sure to always log off. Maintain
good passwords that are not guessable and not related to your life.
Do research to see if anyone has leaked information about you or your
family online. Do not list events
you plan to attend online to avoid stalkers following you in the world.
If you are being cyber stalked, report it and keep a copy of the text for
proof.
4.1.1) The second link for chapter seven is a Wikipedia ling defining
computer crime. Computer crime is
any crime that involves a computer and a network.
Netcrime is a term that refers to criminal exploitation of the Internet.
Wikipedia stated that both governmental and non-state actors are involved
in cybercrimes. A cybercriminal may
act in spamming, also coined as sending bulk email for commercial purposes.
To commit computer fraud, one would act in any dishonest
misrepresentation intended to let another to refrain from creating malicious
acts that causes a loss. Harassment
is a vehicle for cybercrime and is compiled of cyber bullying, stalking, hate
crime, and online predators. The
cybercrime can occur in chat rooms, news groups and sending a hate e-mail to an
interested party.
4.2)
The first link for chapter eight is titled “General Information
Concerning Patents”. A patent is held by
the United States and Patent Trademark Office that can protect an individual’s
intellectual property through documenting how an invention was created.
The patent can be held for up to 20 years, which is much longer than a
copyright. There are utility patents
that can be granted to anyone who invents or discovers a new useful product for
manufacture. There are several rules
for starting a patent. One is that
the invention must not have been known or sold to anyone for a year.
To apply for a patent, one must provide written documentation which
comprises a description and claim for the invention.
There are to be drawings that illustrate how the invention looks if
necessary. The oath is to declare
that there was no knowledge of any outside source for up to a year concerning
the documented patent. Then, the
inventor is to pay fees for searching and examining if there are any patents
that already exist on their invention.
4.2.1) The second link for chapter eight is titled “10 Big Myths about
copyright explained”. The myths are
assuming that the reader knows at least what a copyright is and the article is
not an essay. Every one of the myths
are false, this is why they are labeled myths.
The myth about if something doesn’t have a copyright notice then it is
not copyrighted is a misinterpretation.
If someone types or writes something then it is automatically
copyrighted. If someone steals and
reprints copyrighted information but doesn’t charge for the copies then it is
still illegal. If the intent of the
posting was just fair use, it can still infringe upon copyright laws if the
posting was quoted directly and no credit was given.
Copyright is effectively never lost and will not be lost if somebody
doesn’t defend it. You cannot use
somebody’s trademark in a way that would devalue their mark or increase value
for you. If you create a new idea
based from some other people’s ideas then it is not entirely your belongings.
Copyright law is mostly a civil law and can be sued for violating it.
Copyright violation is a crime and can be set in criminal law if there is
a value lost over $2,500 it is a felony.
4.3)
The first link for chapter nine is a Wikipedia post defining digital
rights management (DRM). Digital
rights management is any technology that inhibits uses of digital content and
devices after sale. DRM was used to
help prevent piracy of music and stop illegal downloads because the music
industry was not receiving profits for shared music.
DRM technologies attempt to give the original seller control of
distributing the devices to the consumer. The
way DRM does this is by using some techniques.
The DRM techniques include: Restrictive Licensing Agreements and
Encryption. Encryption is set by
scrambling the expressive material and embedding a tag.
This technology is designed to also control access and reproduction of
online data. The restrictive
licensing agreements include access to digital materials where copyright and
public domains are controlled. The
main intent of DRM is to prevent unauthorized copies being produced can lead to
an increase in piracy. When the DRM
restrictions set privileges to legal buyers and hide some content unless more
money is forked over can provoke a pirate to crack the DRM to use the digital
media for its full potential instead of paying more money for a product they
just bought.
4.3.1) The second link for chapter nine is from a Harvard Law Review
and titled, “Developments in the Law – The Law of Cyberspace”.
The review reveals concepts concerning the realist, representational,
postmodern conception and personal jurisdiction concerning the Internet.
States are seeking to regulate the Internet are relying on realist
assumptions of the Internet. The
realist want to control the territorial aspect of the Internet by keeping USA
made hardware and software from being accessible from surrounding countries.
Then the realist wants to rely on an effects principle of applying their
domestic laws to out of state Internet activity for controlling the Internet.
The representational concept is that government officials have relied on
the representational conception’s assumptions to support Internet regulations.
The postmodern conception combines several views about the dispersion of
authority to control the Internet.
The post moderns want to lean the Internet toward a form of democratic
government control. The main scope
of all parties for a source of control is to define personal jurisdiction.
Personal jurisdiction and the Internet is a primary source of confusion
for courts’ assessing the scope of all parties.
The courts attempt to connect jurisdiction to a state’s territorial
authority has divided courts over the proper interpretation of personal
jurisdiction. The states may never
be able to control the Internet because personal jurisdiction is difficult to
pair with a scope.