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Intellectual Property. Grayson Horan Ruby Fako. Privileges Monopolies Constitution. History. “Everyone’s doing it. You’d be foolish not to.” Baase If I jumped off a cliff, would you too?. http://www.youtube.com/watch?v=cQzbY7FB98k. Does downloading come natural to you
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Intellectual Property Grayson Horan Ruby Fako
Privileges • Monopolies • Constitution History
“Everyone’s doing it. You’d be foolish not to.” Baase If I jumped off a cliff, would you too? http://www.youtube.com/watch?v=cQzbY7FB98k
Does downloading come natural to you • Is shoplifting a CD and downloading music inherently different • Perception of the law vs. the law itself • “when the Gap went online, T-shirts didn’t become free” • “there’s nothing wrong with giving tracks away but it’s not every one’s right.” WHERE do we draw the line? • Did the crime warrant the punishment? • GREY AREA = POLICY VACUUM Joel Tenenbaum sued by the record industry
The music industry? • The middle-man? • User? But who’s to blame?
Utilitarianism vs. Deontology • Intrinsic good vs. instrumental good • The idea vs. what can be done with that idea • What rules should be followed when dealing with IP when we can’t even agree on the duties and who they should be applied to? • http://www.youtube.com/watch?v=D6_ZqPcNemI Bentham vs. Kant
Did Pete’s Software make Bingo Software their slave? • “software developers could argue that the software they create is rightfully theirs because they produced it with their labor (both intellectual and physical).” Johnson p.125 • The “naturalness” of the connection between labor and ownership rights • Software, and any thing else which is nontangible, cannot be confiscated • Does granting ownership to software interfere with freedom of thought? The Lockean Account
Free and Open Source Software vs. Propriety Software • Access to knowledge • “Why develop software if the moment you introduce it, others will copy it, produce it more cheaply, and yours will not sell?” Johnson p. 128 • Economic incentive – what if it didn’t exist? FOSS vs. PS
Reverse Engineering • Legalities Sega vs. Accolade
Allow then benefit. • “it’s not always amateurs borrowing from big studios, but big studios also benefiting from the ‘amateurs’ • But does this justify copying, or using using an established artist’s work? “the digital rights ecosystem”
A trade secret must • Be original • Represent an economic investment • Have required effort • Have been kept confidential Trade Secrecy
Certain steps must be taken to ensure confidentiality • Does this mean that if those steps aren’t taken, then it’s a ‘free for all’? TOP SECRET Trade secrets
New rules • Moral obligations • Parallel between FOSS and Creative Commons • The “middle man” being replaced by the Web and the Internet, means new directions have to be taken • Do we want to work together? Creative Commons