Week3RawSlides
LIS-5411 - Freely Available information
Property
- from singular (MINE)
Property
- from singular (MINE)
- to multiple (STICKS)
Property
- from singular (MINE)
- to multiple (STICKS)
— and back?
Three types
- Personal Property
- Real Property
Property
- from singular (MINE)
- to multiple (STICKS)
— and back? EXCLUSION
Three types
- Personal Property
- Real Property
- Intellectual Property — (is *not* practically finite)
IP Clause/Copyright Clause
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.
Basic types of IP
Trade Secret*
Trademark*
Patent
Copyright
The weirdos
Trade Secret
and
Trademark
TRADE SECRET
- must be a secret
- economic advantage
- potentially perpetual
TRADE SECRET
- corporate right of privacy
(how diffferent from the others? see point 1 ☺
TRADEMARK
- Different from the others in that it's not (theoretically) inherently valuable, but only symbolically
- “Source of Origin”
- Potentially perpetual
- Can be a very wide range of “things...”
TRADEMARK
- you don't want it to be "Representative"
- Going from "confusion" to "dilution"
- SCOPE
TRADEMARK
Mostly not too controversial except
- Unfairly scoped and/or wielded (e.g. Sam Bucks Coffee?)
- Weirdly Deceptive? (Famous Amos Cookies?)
- And wait – what is FSU doing?
Definitely Intellectual Property
Copyright
Patent
Patent (theory)
Protects inventions and ideas
Must be:
- Novel (new)
- Non-obvious
- Useful
Theoretically Non-patentable
Naturally occuring things like – plants and algorithms.
BUT
Simply patent the “process”
Reverse Engineering v. Stealing?
Patent don't care.
This is why a lot of people oppose them CATEGORICALLY
Design Patent?
Weird, and you'll see them more soon, because of a shift from
- Deep descriptions
to
- General perception
Patent in Practice (re software)
CHAOS AND WAR!
Difficult to get if you're a little guy
If you're big they're “easy”--
(the joke is, just add “on a computer” to anything)
So, just buy up tons of them and point them at other companies as needed.
(yeah, a lot of people think this is pretty ugly. e.g. “Patent Trolls”)
Copyright
Automatic (Berne Convention)
but, must be registered to sue
“Expression of an idea”
Not infinite, but almost-- (70+life)
Fair Use
- Purpose/Character
- Nature of copied work
- Amount of copied work
- Effect on “value”
Fair Use (is weird)
(not a right, but a defense)
- Purpose/Character of copying work
- Nature of copied work
- Amount of copied work
- Effect on “value”
+ The “5th” measure. Is it icky or weird?