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Information Systems > IP > Flashcards

IP Flashcards

1
Q

What is IP

A

name given to creative works

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2
Q

Is IP tangible?

A

no

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3
Q

What is Copyright?

A

The right to copy a piece of work.

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4
Q

When does copyright come in?

A

automatically

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5
Q

can ideas be protected?

A

no?

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6
Q

What is scope of copyright?

A

literary works, art, sound, software

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7
Q

What is the act associated with copyright?

A

Copyright, Design and Patents act

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8
Q

When did Copyright act cover software?

A

1992

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9
Q

name some rights of copyright owner

A

give copies away (free or not)
adaptation permission
sell license or rights

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10
Q

when do copyright rights end for literary work

A

70 years after death of last author

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11
Q

when do copyright rights end for radio?

A

50 years after first broadcast

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12
Q

when do rights end for films?

A

70 years after death of principal director, author or composer

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13
Q

when does crown copyright end?

A

125 years after work created

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14
Q

when does copyright end for software?

A

70 years after death of last author

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15
Q

how long do database rights last?

A

15 years

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16
Q

what is primary infringement?

A

civil prosecutions.

breach of owner’s rights.

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17
Q

what is secondary infringment?

A

criminal offence.

breach of commercial context.

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18
Q

what is fair dealing?

A

basically fair use. research / education.

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19
Q

what is the hope of digital single market?

A

borderless media

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20
Q

What is creative commons?

A

allows copyright owners to share work while keeping copyright.

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21
Q

what is copyleft?

A

making something free

everything after that is free

22
Q

who gets patent?

A

first to file

23
Q

what does patent protect?

A

inventions

24
Q

how long does a patent last?

A

20 years

25
Q

what must a patent be?

A

new
inventine
useable

26
Q

what can a patent not be?

A

scientific discovery
literary work (see copyright)
immoral

27
Q

can software be patented?

A

in general no

28
Q

in the USA, software can be patented if:

A

software is part of patented device

software controls physical process

29
Q

what does a trademark apply to?

A

a sign

30
Q

what cannot be trademarked?

A

if they describe

if they’re synonymous with your industry

31
Q

What did trade marks act do?

A

made it offence to rip off a trademark

32
Q

What are the 5 IP rights?

A 
Copyright
Patents
Trademark
Confidence
Design Rights
33
Q

how long do databases last?

A

15 years

34
Q

What is the issue with copyright infringement?

A

Essentially, costs that should have gone to creators not happening. Breaking Bad, Game of Thrones, music artists.

35
Q

What had Kevin Spacey highlighted about the netflix model and its role in the piracy world?

A

That Netflix had learned the lessons that the music industry failed to understand: give people what they want, when they want it and at a reasonable price.

An example of businesses having to adapt to consumer demand. Not doing so results in losing revenue with something they created.

36
Q

What is the EU directive associated with copyright infringement?

A

Electronic Commerce Directive.

37
Q

What three things did the Electronic Commerce Directive define?

A

A notice of takedown.

That ISPs cannot be held liable for copyright infringement if they didn’t know about it.

Service providers, if they are only conduits are not liable. Same if they only cache it.

38
Q

What does the Digital Single Market Copyright Directive hope to provide?

A
  • better choice for access of content across borders.
  • improved copyright rules on research and education stuff
  • provide fair and sustainable marketplace for content
  • SIGNIFICANT: internet platforms who host content are responsible for policing and enforcing copyright and taking down copyrighted material
39
Q

What are the four creative commons licenses?

A

Attribution

Non commercial

No derivative works

Share alike

40
Q

Name three copyright case studies

A

Google v. Viacom. Google NOT liable for the content that may have been pirated from Viacom.

Youtube v Telecino. Again about streaming television clips, and provided youtube complied with takedown notices, that they were operating within the law.

41
Q

Can software be patented?

A

In principle, no.

42
Q

In what three instances can software be patented in the USA?

A

Software is part of a device (iPhone rubber banding)

Software controls physical process.

Software processes data coming from physical world.

43
Q

What are the 3 reasons why you’d want to patent software?

A
  • if you can patent software in hardware, why not just patent the software.
  • patents encourage investment.
  • investment and R&D without patents may cease (companies don’t see the benefit to the work they’re doing)
44
Q

What are the 3 reasons against patents?

A
  • innovation restriction
  • hard to define precisely what is meant by new with software.
  • the industry is probably ok now without
45
Q

What is the Samsung v Apple case?

A

$539m awarded to apple in 2011.

Drawn out patent battle.

Apple have a history of filing a number of patents: multitouch. A surprisingly upheld one.

46
Q

Where is Trade Mark registered?

A

Intellectual Property Office

47
Q

what is a trademark?

A

signs

mostly about branding

48
Q

What law covers Trade Marks

A

Trade Marks Act

49
Q

What is the open source initiative?

A

freely used, modified, and shared

50
Q

Name an open source license?

A

Mozilla and Apache.

Information Systems (14 decks)

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