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Intellectual Property

A prezi about the ins and outs of owned ideas
by

George Pearson

on 23 May 2018

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Transcript of Intellectual Property

Intellectual Property
Why IP?
Two Reasons:
Creators should get compensated for what they do
Limited Monopoly
Encourages creativity and innovation
Spurs economic development
Progress: innovation begets innovation
Sounds good. The catch?
Problems
Controversies
Unintended Consequences
Are IP rights like,
say,
property rights?
Some people say
yes
Most people say
no
What's protected isn't tangible
IP Rights are limited
History
Statute of Anne 1710
First law of copyright a blow to IP
Who owns Shakespeare?
Confirmed rights, but set duration
Constitution
"To
Promote the Progress of Science and useful Arts
, by securing for
limited Times
to Authors and Inventors the
exclusive Right
to their respective Writings and Discoveries." Article I, Section 8, Clause 8
“Intellectual property refers to creations of the mind. It is divided into two categories:

Industrial property includes patents for inventions, trademarks, industrial designs, integrated circuits and geographical indications.

Copyright and related rights cover literary and artistic expressions (e.g. novels, poems, plays, films, music, artistic works and architecture), and the rights of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television broadcasts.”

WIPO
Counter Example:
Turning Japanese
Comiket
Cosplay
Amateur comics
Uses copyrighted series, characters
200+ publishers
Thousands of circles
Anime, manga, video games, movies
Annual doujinshi con
500,000+ attendees
30,000+ creators
Multi-day event
Countless regionals
Ethical
Practical
Doujinshi
Congress
Characters, places, ideas
Adaptation
Abridgments
Related products
Extended length of protection
1790: 14 + 14 years
1831: 42 years
1909: 56 years
1962-present: extended 11 times
Currently: Death of creator + 70 years
Extended scope of protection
Securing for Limited Times?
Don't Download This Song
by Weird Al Yankovic
When Technology Changes...
Property rights- to infinity!
Is air travel trespassing?
"Common sense revolts at the idea"
The Pirates of Their Time
Publishers
Hollywood
Recording industry
Radio
Cable TV
Cassette and VCR manufacturers
And now the Net
The Cost of Piracy is Disputed
Global music piracy costs the US economy
$12 billion annually
71,000 jobs
Though Koleman Strumpf, U of Kansas says
file sharing had no significant effect on CD sales...
"...we are building a legal system that completely suppresses the natural tendencies of today's kids...We're building an architecture that unleashes 60% of the brain, [and] a legal system that closes that part of the brain down.

John Seely Brown
Chief scientist, Xerox
Pirate Parties
38 countries
Sweden the first
Reform of copyright and patent laws
Strengthen civil liberties, government transparency
"Promoting global legislation to facilitate the emerging information society"
IP is a Global Issue
The Internet changes everything
Content created by many, not few
Content easily distributed
Content remixed, transformed, mashed-up to create new things
Out-of-publication material accessible
Ancient dream of the Library of Alexandria technically feasible
The Library of Alexandria
Technologically, yes.

The world has:
2-3 million recordings of music
100,000 theatrical movie releases
26 million book titles
Held in a room size computer
Affordable by a small company

Brewster Kahle, The Internet Archive
The Causby Case
Old ways are challenged by the new
Old interests fight back
In the past, new, vibrant technologies flourished and displaced the old
This isn't happening with the Internet
Currently an unprecedented regulation of creativity
Legally, no.

Why?

"The law is a ass"
Dickens

Problem: Corrupting Citizens
Problem:
Strangling Innovation

Internet Radio
Compilations
File sharing
Tinkering with tech

Questions
Is illegal downloading theft?
Does it hurt anyone?
Is IP overregulated?
Can we have free culture and copyright?
Who is current IP law for?
International IP law sets minimum standards
Local law has priority locally
Different countries, different laws and attitudes
Too expensive
Too slow
Too arbitrary
Too complex
Law for lawyers, not people

Millions of criminals?
Erosion of civil liberties
Contempt for the law
Like the war on drugs
Originally only exact copies were protected
Gradually added
Global Enforcement
Treaties (Berne 1886, WIPO Copyright 1996)
Organizations (WTO, WIPO)
Trade negotiations
Definition
... and studies show that people who downloaded illegally bought 4 times as many CDs as the norm
All Knowledge Accessible in One Place
Can we do that today?
So, is everyone like us?
Is all this legal in Japan?
But publishers use a business, not a legal model
Costs/benefits of massive copyright violations
Benefits of allowing copyright violations
Exposure of new products
Publicity
Fan excitement
Brand loyalty
Free content, free hype
Most professional authors, artists come from doujinshi circles
Despite massive piracy, culture and business benefit
Japan's solution to this IP issue is unique.
Different countries, cultures, address IP in a variety of ways

So, where does that leave us?
No. As illegal as it is here.
The difference?
Have you ever violated copyright?
Doujinshi music

Rivals mainstream music industry
"Bad Apple" doujinshi music video
Uses characters from a dounjinshi game called Touhou
Went viral with millions of views
Nobody made a penny
About where we started:
Figuring out the meaning and duration of "limited right" for authors and inventors in order to promote the progress of science and the useful arts
What about Fair Use?
a. Yes
b. No
Is illegal downloading theft?

a. Yes
b. No
c. Maybe
Who benefits most from IP law?

a. Corporations
b. Artists and content producers
c. The public
d. All of the above
SOPA and PIPA
Anti-piracy bills in 2011-2012
Stop Online Piracy Act
Protect IP Act
Targeted not content, but sites hosting content
Justice Dept. could force ISPs, credit card companies, and advertisers to cut off sites with piracy
Would use DNS filtering and blocking (China)
Companies that did not monitor piracy and take action would be liable
Chilling effect on companies, start-ups
The bills failed amid massive public outcry
and

How we know what we know
So, what is IP?
Clickers out!
Who has the
lowest
rate of software piracy?

a. United States
b. Finland
c. Armenia
d. Switzerland
German Pirate Party
Enough votes to enter 4 state, and the European, parliaments
Ideas of direct democracy, "LiquidFeedback"
Overall, little impact
Questions
Software Piracy
Is it just a shifting business model?
Aaron Swartz
Guerilla Open Access Manifesto
Downloaded 4.8 million JSTOR documents
Prosecuted by Federal Government under
1986
Computer Fraud and Abuse Act
Anyone who lies on terms of service could be arrested
Committed suicide January 11, 2013
Problem:
Copyright Trolls
Represent publishers, studios
Subpoenas identity John Doe users from ISPs
Threaten named users with massive fines
Settle for $1,500-$3,000
Target news stories, films, porn
Benefits of massive illegality?
Is piracy a declining concern?
Why the extensions?
Doujinshi Circles at Comiket 80
Full transcript