Software Copyrights and Patents Quiz

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Questions and Answers

What is considered a violation of software copyrights?

  • Transferring ownership of a program legally
  • Running a program on a personal device
  • Copying a program to give or sell to someone else (correct)
  • Consulting user manuals for guidance

What did the case Apple Computer v. Franklin Computer establish?

  • Object programs are copyrightable (correct)
  • Source programs are not copyrightable
  • Reverse engineering is illegal
  • Distributing software over the Internet is fair use

Which statement describes the 'clean room' software development strategy?

  • Team 1 and Team 2 collaborate closely during development
  • Both teams work separately without sharing knowledge (correct)
  • Team 1 writes code directly based on competitor's software
  • Team 2 develops software without prior analysis

What important shift regarding software patents occurred after 1981?

<p>The Patent Office began granting software patents (C)</p> Signup and view all the answers

Which of the following statements is true about reverse engineering in software development?

<p>It is a form of fair use under certain conditions (D)</p> Signup and view all the answers

What significant event in 1981 influenced the granting of software patents?

<p>A Supreme Court decision (C)</p> Signup and view all the answers

What is a common strategy companies use to defend against potential patent infringement lawsuits?

<p>Hoard large numbers of patents (A)</p> Signup and view all the answers

What is one criticism mentioned regarding the number of patents issued?

<p>Many patents are issued for obvious inventions (C)</p> Signup and view all the answers

How does licensing patents contribute to companies?

<p>It acts as a source of revenue (A)</p> Signup and view all the answers

What is one of the key differences between software copyrights and software patents?

<p>Getting a patent is more time-consuming than getting a copyright (D)</p> Signup and view all the answers

What is a trade secret?

<p>A confidential piece of intellectual property that gives a company a competitive advantage (D)</p> Signup and view all the answers

What happens if a brand name becomes a common noun?

<p>The trademark may be lost (C)</p> Signup and view all the answers

How long does a patent provide exclusive rights to an invention?

<p>20 years (D)</p> Signup and view all the answers

What rights does copyright provide to the owner of an original work?

<p>Five rights including reproduction, distribution, public display, public performance, and production of derivative works (B)</p> Signup and view all the answers

Which of the following statements is true about trademarks?

<p>Companies must constantly advertise to maintain their trademarks (C)</p> Signup and view all the answers

What is the main purpose of a patent?

<p>To give exclusive rights to make, use, or sell an invention (A)</p> Signup and view all the answers

Which industry represents a significant portion of the U.S. gross domestic product through copyright-related activities?

<p>Copyright-related industries (D)</p> Signup and view all the answers

What is a service mark?

<p>A mark that identifies a professional service (B)</p> Signup and view all the answers

What did the U.S. Supreme Court rule regarding the Copyright Term Extension Act of 1998?

<p>It does not create perpetual copyrights. (D)</p> Signup and view all the answers

What are the four factors considered by courts to determine fair use?

<p>Purpose, nature, amount, and market impact. (A)</p> Signup and view all the answers

What was the primary legal issue in the Sony v. Universal City Studios case?

<p>Whether time shifting television shows constitutes copyright infringement. (C)</p> Signup and view all the answers

What does the Audio Home Recording Act of 1992 primarily protect?

<p>The rights of consumers to make personal copies of recordings. (B)</p> Signup and view all the answers

How did the introduction of compact discs benefit the music industry?

<p>They were cheaper to produce and offered higher quality. (D)</p> Signup and view all the answers

Which factor is NOT considered in determining fair use?

<p>Commercial value of the original work. (C)</p> Signup and view all the answers

Why was the Fair Use Concept important in copyright law?

<p>It balances the rights of copyright holders with the public's interest. (B)</p> Signup and view all the answers

What effect did the ability to copy music from vinyl to cassette tapes have?

<p>It introduced hiss and distortions in recordings. (B)</p> Signup and view all the answers

Which of the following is a characteristic of open-source software?

<p>There are no restrictions on how software can be used. (C)</p> Signup and view all the answers

What is one criticism of proprietary software?

<p>It enforces copyrights too harshly. (A)</p> Signup and view all the answers

What was the capacity achievement of MP3 compression in terms of storage space?

<p>10% of the original space (D)</p> Signup and view all the answers

What legal action was taken against Diamond Multimedia?

<p>Violation of the Audio Home Recording Act (D)</p> Signup and view all the answers

What is the primary goal of the GNU Project?

<p>To develop an open-source operating system. (B)</p> Signup and view all the answers

What concept allows the same rights to apply for all users of open-source software?

<p>Copyleft (D)</p> Signup and view all the answers

What was affirmed by the U.S. Court of Appeals concerning space shifting?

<p>It is consistent with copyright law (A)</p> Signup and view all the answers

What did the U.S. Court of Appeals rule in the case of Kelly v. Arriba Soft?

<p>It was considered fair use to display thumbnail images (D)</p> Signup and view all the answers

Which of the following is NOT an example of open-source software?

<p>Microsoft Word (C)</p> Signup and view all the answers

Which beneficial consequence is associated with open-source software?

<p>Frequent updates and new versions. (D)</p> Signup and view all the answers

What was one benefit proposed in the settlement between Google and authors' guild?

<p>Google would pay $125 million to authors and publishers (A)</p> Signup and view all the answers

Who started the GNU Project?

<p>Richard Stallman (D)</p> Signup and view all the answers

What action was taken by authors and publishers against Google?

<p>They sued Google for copyright infringement. (B)</p> Signup and view all the answers

What shift does open-source software promote in the software industry?

<p>From manufacturing to service (A)</p> Signup and view all the answers

What criticism was directed towards Google regarding its proposed settlement?

<p>Google had a good case that its use was a fair use (C)</p> Signup and view all the answers

What would university libraries gain from the proposed settlement with Google?

<p>Subscriptions for access to collections from major libraries (C)</p> Signup and view all the answers

Flashcards

Trade Secret

A piece of confidential information that gives a company a competitive advantage, such as a secret formula or process.

Trademark/Service Mark

A trademark distinguishes a product or service from other products or services. Service marks identify and distinguish the source of services instead of goods.

Patent

A public document that provides a detailed description of an invention and gives the owner the exclusive right to make, use, and sell that invention.

Copyright

A form of intellectual property protection for original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works.

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Gershwin Publishing v. Columbia Artists

A court case that established that copyright protection extends to the compilation of factual works, even if the individual facts themselves are not copyrightable.

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Basic Books v. Kinko's

This case established that copyright protection does not necessarily extend to the underlying ideas or concepts in a book, only to the particular expression of those ideas.

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Reverse Engineering

A form of intellectual property which is not a protected term, but is a topic commonly discussed.

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Trade Secret Compromised

When an employee leaves a company, they might take confidential information with them, potentially compromising the company's trade secrets.

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Copyright Creep

The idea that copyright protection can be extended beyond its original intended duration, potentially leading to works never entering the public domain.

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Fair Use

A defense against copyright infringement that allows people to use copyrighted material without permission under certain circumstances.

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Audio Home Recording Act of 1992

The legal principle that allows consumers to make copies of analog or digital recordings for personal, noncommercial use. This includes making backup copies and sharing with family members.

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Time Shifting

The act of recording a TV show or other broadcast for later viewing, typically done using a VCR or DVR.

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Digital Recording Technology

The process of transferring audio recordings from one format to another, such as from a vinyl record to a cassette tape or from a CD to a digital file.

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Sony v. Universal City Studios

A court case that determined that time-shifting, or recording TV programs for later viewing, is a fair use of copyrighted material.

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Copyright Term Extension Act of 1998 Challenge

A legal challenge to the Copyright Term Extension Act of 1998, which argued that the act exceeded Congress' constitutional power.

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Serial Copyright Management System (SCMS)

A feature found in Digital Audio Recorders that prevents users from making multiple copies of a copyrighted work.

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Software Copyright

The protection of software from unauthorized copying and distribution.

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Clean Room Software Development

A software development strategy that ensures no unauthorized copying takes place when developing software based on a competitor's product.

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Apple Computer v. Franklin Computer

A legal dispute where Apple argued that computer programs are copyrightable, specifically focusing on the object code, which is the machine-readable form of a program.

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Sega v. Accolate

A legal dispute where Sega argued that disassembling a software program to understand its technical specifications is fair use.

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What was the Rio MP3 player?

Diamond Multimedia introduced the Rio MP3 player, allowing users to store and listen to music in portable devices, revolutionizing the music industry.

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What is space shifting?

Space shifting refers to the practice of transferring copyrighted content from one location to another, such as from a CD to a portable device, for personal use.

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What is the Audio Home Recording Act?

The Audio Home Recording Act aimed to regulate the recording of copyrighted content for personal use, limiting the number of copies consumers can make.

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Is space shifting legal?

The US Court of Appeals upheld the practice of space shifting as legal, aligning with copyright law, confirming that transferring music for personal use isn't considered copyright infringement.

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What happened in the Kelly v. Arriba Soft case?

Kelly, a photographer, sued Arriba Soft for using thumbnail images from his website without permission. The court ruled in favor of Arriba Soft, upholding the fair use doctrine for showing thumbnails in search results.

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What is Google Books?

Google aimed to digitize millions of books from libraries, creating a searchable database. This project faced legal challenges from publishers and authors, as they claimed copyright infringement.

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How was the Google Books lawsuit settled?

The settlement between Google and publishers and authors resolved the legal dispute over Google Books. It included a payment to authors and publishers, a book rights registry, and expanded access to books.

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What were some criticisms of the Google Books settlement?

Critics argued that Google should have pursued the case in court, believing that Google had a strong case for fair use based on the Kelly v. Arriba Soft precedent. The settlement was seen by some as a way for Google to avoid a potential legal defeat.

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Obvious Invention Patent

The act of obtaining a patent for an invention that is considered obvious or lacking in novelty, often due to prior art or existing technologies.

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Patent Troll

A company that specializes in purchasing patents and then aggressively enforcing those patent rights against other companies, often through lawsuits.

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Patent Stockpile

Legal actions taken by companies to protect their inventions from being copied by competitors by amassing a large number of patents, even if they don't plan to use all of them.

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Software Patent

The exclusive right granted by the government to an inventor to make, use, and sell their invention for a certain period of time.

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Software Patents - Landmark Court Ruling

A significant decision by the Supreme Court that led to the first software patent in 1981, paved the way for software to be protected by patents.

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Open-Source Software

Software whose source code is freely available for anyone to use, modify, and distribute. It promotes collaboration, innovation, and open access to technology.

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Open-Source Definition

A set of principles that define the characteristics of open-source software, including free use, distribution, modification, and access to source code.

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GNU Project

A collection of open-source software projects aimed at creating a Unix-like operating system, including essential utilities and tools.

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Linux

An open-source Unix-like operating system kernel developed by Linus Torvalds. Combined with the GNU tools, it forms a complete operating system known as Linux.

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Copyleft

The practice of allowing users to modify and distribute software freely, often with the intention of encouraging collaboration and innovation.

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Beneficial Consequences of Open-Source Software

The benefits of using open-source software, including enhanced collaboration, frequent updates, ethical use, community ownership, and a shift from manufacturing to service.

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Examples of Open-Source Software

A list of well-known open-source software projects, ranging from operating systems and web servers to programming languages.

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Criticisms of Proprietary Software

A set of criticisms raised against proprietary software, focusing on concerns about restrictive licensing, copyright enforcement, and limitations on intellectual property rights.

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Study Notes

Intellectual Property Overview

  • Intellectual property rights cover unique creations of the human mind with commercial value
  • Examples include books, songs, movies, paintings, drawings, inventions, chemical formulas, and computer programs
  • Intellectual property differs from physical manifestation of the item.
  • The right of ownership over intellectual property is a complex issue.

Locke's Property Rights

  • Locke's perspective in the Second Treatise of Government outlines that people have rights to their own person, labor, and objects they obtain from nature, but these rights are limited.
  • This perspective highlights that only an amount of property that can be utilized is permissible
  • Limitation also exists to ensure there is plenty of property left for others.

Expanding to Intellectual Property

  • Locke's analogy regarding physical property extends to the production of work (e.g., creation of a play from language, akin to taking ore and crafting a buckle).
  • The example of multiple people contemporaneously creating ‘Hamlet’ highlights the potential challenges with claims of ownership and intellectual rights.

Intellectual Property Protection Benefits

  • Although some individuals are altruistic, the allure of wealth can incentivize creative speculative work.
  • The authors of the U.S. Constitution recognize that limited intellectual property protections are beneficial.

Intellectual Property Protection Limits

  • Granting creators rights to their inventions fosters creativity within society.
  • Maximum social benefit occurs when inventions are made available to the public.
  • Balancing creator rights with the public domain is a key aspect of intellectual property laws.
  • Restrictions on exclusive rights are established to promote public access after a limited period.

Price Changes in Public Domain

  • The table shows price decreases when works enter the public domain
  • Prices for creative works (e.g., music suites, operas, concertos) are considerably lower when accessible without restrictions or after the period of ownership rights expired.

Protecting Intellectual Property

  • Trade Secret: A confidential piece of intellectual property giving a company a competitive edge. Trade secrets never expire, and reverse engineering is permitted.
  • Trademark, Service Mark: Trademarks identify goods, and service marks identify services. Companies establish a brand name and the trademark doesn't expire. Loss of a trademark can happen if a brand name becomes a common noun.
  • Patent: Public document detailing an invention, providing exclusive rights for 20 years to make, use, or sell the invention.

Fair Use Concept

  • Fair use is a legal concept sometimes permitting the reproduction of copyrighted works without permission.
  • Courts use four factors when assessing fair use: purpose and character, nature of the work, amount of work copied, and effect on the market for the work

Famous Cases

  • Sony v. Universal City Studios: The Supreme Court ruled that time-shifting TV shows using VCRs was a fair use.
  • Kelly v. Arriba Soft: Court emphasized the use of fair use when search engines display thumbnail images.
  • Google Books: Google scanned millions of books for a searchable database, leading to a settlement after legal action.

Criticisms of Digital Rights Management

  • Some argue technological fixes for copyright infringements are inherently flawed
  • Others state that DRM (Digital Rights Management) undermines fair use and reduces competition
  • Some DRM schemes make it hard for anonymous access to material

Critical Analyses of Software Protections

  • Various court cases (Apple v. Franklin, Sega v. Accolate) have addressed aspects of copyright and fair use related to software
  • Critics argue that there are too many patents, the office may be unaware of prior art, leading to poor software patents.

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