Digitised Information and Intellectual Property Rights Pria Chetty Chetty Law www.chettylaw.co.za

New world, old rules? Digitisation Intellectual Property Dashboard New world, new rules

Context for the Conversation

… mental pictures, dreams, unproven, may or may not be verbalised or recorded, not yet substantiated by data, may be based on the person's knowledge… Ideas

… mental pictures, dreams, unproven, may or may not be verbalised or recorded, not yet substantiated by data, may be based on the person's knowledge…

If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. Thomas Jefferson

a message received and understood a collection of facts from which conclusions may be drawn; "statistical data" knowledge acquired through study or experience or instruction result of processing, manipulating and organizing data in a way that adds to the knowledge of the receiver facts, concepts, or instructions; any sort of knowledge which can be communicated Information

a message received and understood

a collection of facts from which conclusions may be drawn; "statistical data"

knowledge acquired through study or experience or instruction

result of processing, manipulating and

organizing data in a way that adds to the knowledge of the receiver

facts, concepts, or instructions; any sort of knowledge which can be communicated

New World?

1985-1989: Visionary Jaron Lanier coins the term “virtual reality” and produces the equipment to experience it. Cyberspace Timeline

1985-1989:

Visionary Jaron Lanier coins the term “virtual reality”

and produces the equipment to experience it.

1990-1994: Tim Berners-Lee creates the World Wide Web. 1995-1999: Wi-Fi protocol 802.11b is published. CDs outsell vinyl records. 44 million Internet users surf the net. Cyberspace Timeline

1990-1994: Tim Berners-Lee creates the

World Wide Web.

1995-1999: Wi-Fi protocol 802.11b is published. CDs

outsell vinyl records. 44 million Internet users surf

the net.

2000-2005: Approximately 1 billion PCs have been shipped worldwide since the mid-‘70s. U.S. broadband subscribers reach 28 million. Google goes public. Cyberspace Timeline

2000-2005: Approximately 1 billion PCs have been shipped

worldwide since the mid-‘70s. U.S. broadband

subscribers reach 28 million.

Google goes public.

process of converting information into a digital format process of converting analog information into digital format for use by a computer information is organised into discrete units of data (called bits) that can be separately addressed Digitisation

process of converting information into a digital format

process of converting analog information into digital format for use by a computer

information is organised into discrete units of data (called bits) that can be separately addressed

“ not refer to an update to Web technical specifications, but to changes in the ways software developers and end-users use the web as a platform. According to Tim O'Reilly, "Web 2.0 is the business revolution in the computer industry caused by the move to the internet as platform, and an attempt to understand the rules for success on that new platform” http://en.wikipedia.org/wiki/Web_2.0 Web 2.0

“ not refer to an update to Web technical specifications, but to changes in the ways software developers and end-users use the web as a platform. According to Tim O'Reilly, "Web 2.0 is the business revolution in the computer industry caused by the move to the internet as platform, and an attempt to understand the rules for success on that new platform”

http://en.wikipedia.org/wiki/Web_2.0

Web 2.0 is a phrase coined by O'Reilly Media in 2003 (and later popularized by the first Web 2.0 conference in 2004) in reference to a perceived second generation of web-based communities and hosted services — such as social-networking sites, wikis and folksonomies — which facilitate collaboration and sharing between users. http://en.wikipedia.org/wiki/Web_2.0 Web 2.0

Web 2.0 is a phrase coined by O'Reilly Media in 2003 (and later popularized by the first Web 2.0 conference in 2004) in reference to a perceived second generation of web-based communities and hosted services — such as social-networking sites, wikis and folksonomies — which facilitate collaboration and sharing between users.

http://en.wikipedia.org/wiki/Web_2.0

user-generated website where entries are made in journal style can be used for news, reviews, products etc for a business, organisation sites can provide excellent information on many topics, although content can be subjective software that allows people with little or no technical background to update and maintain them Blog (Binary Log/ Web Log)

user-generated website where entries are made in journal style

can be used for news, reviews, products etc for a business, organisation

sites can provide excellent information on many topics, although content can be subjective

software that allows people with little or no technical background to update and maintain them

server software that allows users to freely create and edit Web page content using any Web browser supports hyperlinks and has a simple text syntax for creating new pages and crosslinks between internal pages allows the organization of contributions to be edited in addition to the content itself. Wiki (What I Know Is)

server software that allows users to freely create and edit Web page content using any Web browser

supports hyperlinks and has a simple text syntax for creating new pages and crosslinks between internal pages allows the organization of contributions to be edited in addition to the content itself.

Intellectual Property 1

an exclusive right to do or authorise certain acts in relation to a work rights regulating the use of a particular expression of an idea or information rights of limited duration a statutory monopoly? Copyright

an exclusive right to do or authorise certain acts in relation to a work

rights regulating the use of a particular expression of an idea or information

rights of limited duration

a statutory monopoly?

a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new Patent

a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new

a word, phrase or slogan used to identify and distinguish the source of the goods or services designate and differentiate their products an identifiable mark Trademark

a word, phrase or slogan used to identify and distinguish the source of the goods or services

designate and differentiate their products

an identifiable mark

species of intellectual property copyright patent trademark automatic protection life + 50 register 20 non renewable register renewable (immortal) ‏

copyright

patent

trademark

automatic protection

life + 50

register

20 non renewable

register

renewable (immortal) ‏

New Rules ?

Economy of Ideas Everything you know about Intellectual Property is wrong Digital technology is detaching information from the physical plane Property: infinitely reproduced and instantaneously distributed, without cost and without our knowledge How can we protect it? How are we going to get paid? If we don’t get paid, what will assure the continued creation and distribution of knowledge?

Everything you know about Intellectual Property

is wrong

Digital technology is detaching information from the physical

plane

Property: infinitely reproduced and instantaneously

distributed, without cost and without our knowledge

How can we protect it?

How are we going to get paid?

If we don’t get paid, what will assure the continued

creation and distribution of knowledge?

Redefining Information Information is an action that occupies time rather than physical space? Must be experienced, happens to you mentally? Has to move or it ceases to exist? Conveyed by propagation not distribution? Does not simply move on but leaves a trail? Wants to be free? Is a life form: self reproducing, interacts with surroundings, adapts, mutates? Is perishable and degrades? Value depends on individual receptors?

Information is an action that occupies time rather

than physical space?

Must be experienced, happens to you mentally?

Has to move or it ceases to exist?

Conveyed by propagation not distribution?

Does not simply move on but leaves a trail?

Wants to be free?

Is a life form: self reproducing, interacts with

surroundings, adapts, mutates?

Is perishable and degrades?

Value depends on individual receptors?

Copyright Law & Digitisation

Loss for Words Electronic copyright Provisions for disabled, distance learners and illiterate Fair use/ Fair dealing

Electronic copyright

Provisions for disabled, distance learners and illiterate

Fair use/ Fair dealing

Fair Dealing Permitted Reproduction Personal/Private Use Criticism & Review Reporting current events in newspaper/similar periodical Includes limited copies for handouts in a classroom Does not provide for distance learning, conversions to other formats for persons with disabilities

Permitted Reproduction

Personal/Private Use

Criticism & Review

Reporting current events in newspaper/similar periodical

Includes limited copies for handouts in a classroom

Does not provide for distance learning, conversions

to other formats for persons with disabilities

Primary Issues Copyright law does not permit multiple copying Does not permit adaptations/ conversions without prior permission Goal of digitisation is to provide better access to users Technical process automatically creates more than 1 copy Rights holders reluctant to provide permission Digital preservation involves re-mastering (new media) and Reformatting (technical changes)

Copyright law does not permit multiple copying

Does not permit adaptations/ conversions without

prior permission

Goal of digitisation is to provide better access to users

Technical process automatically creates more than 1 copy

Rights holders reluctant to provide permission

Digital preservation involves re-mastering (new media) and

Reformatting (technical changes)

Primary Issues Browsing the Internet Photocopying Fees? In order to browse, work must be accessed and copied? Caching: independent of user? Implied licence?

Browsing the Internet

Photocopying Fees?

In order to browse, work must be accessed and copied?

Caching: independent of user?

Implied licence?

Intellectual Property 2.0

Open Source Software Open Source Software is software for which the underlying programming code is available to the users so that they may read it, make changes to it, and build new versions of the software incorporating their changes. There are many types of Open Source Software, mainly differing in the licensing term under which (altered) copies of the source code may (or must be) redistributed. domainsmagazine.com/managearticle.asp

Copy left Copyleft describes a group of licenses applied to works such as software, documents, and art. Where copyright law is seen by the original proponents of copyleft as a way to restrict the right to make and redistribute copies of a particular work, a copyleft license uses copyright law in order to ensure that every person who receives a copy or derived version of a work, can use, modify, and also redistribute both the work, and derived versions of the work. ... en.wikipedia.org/wiki/Copyleft

Cross Subsidisation “ one group of consumers subsidizes provision of a good or service to another group of consumers; or one type of service or product has a higher cost mark up to allow for the provision of another type of service, or a product at a lower mark-up, or even below costs” www.ncc.org.uk/nccpdf/poldocs/NCC135

Benkler - Wealth of Networks: Page 47 Figure 2.1: Selected IBM Revenues, 2000–2003

Patents Goldcorp Inc. – geologists found deposits of gold, no accurate Estimate of value and exact location, Decided to share data, prizes to solve problem $100 million - $9 billion “ The World is your R&D Department”

The Future ?

Pria Chetty [email_address] 086 111 4470 083 384 4543 www.chettylaw.co.za Thank you/Questions?

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