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Copyright

Page history last edited by caloy 15 years, 11 months ago

Copyright.doc

 

Lessons:

2) Describe the Copyright Law.

Usually gives a copyright owner the exclusive right to control copying of writing.

3) What do you need to do to get a copyright?

To get a copyright for something you’ve written, you need to do absolutely nothing except for writing it down. Copyright law applies to things you write electronically, even if they never end up actually "written" on a piece of paper.

4) In certain situations, how do you identify which copies might be legal?

It might be legal if the copyright owner explicitly allows them, because they are fair uses or, because they are allowed implied licenses.

5) What does "copy" mean? Provide at least one definition.

It covers manual copies as well as mechanical copies: It doesn't matter whether you make an electronic copy of an electronic document, scan in a print document, or hand-enter a document into the computer. All of this is copying.

6) What are the two things that aren’t considered "copying" for copyright purposes?

- Copying the facts from someone else's work isn't considered copying.

- Copying an idea from someone else's work isn't considered copying for copyright purposes.

7) How do an owner give implied licenses?

When a copyright owner acts in such a way that *reasonable people would assume that he's allowing them to make copies*, the law interprets his conduct as creating an "implied license."

8) Give three questions from the fair use doctrines.

- Is your use non-commercial?

- Is your use for purposes of criticism, comment, parody, news reporting, teaching, scholarship, or research?

- Is the original work mostly fact?

9) Provide one reason on how to know when your use is probably fair.

If you're copying more than a little bit, but you're doing it for (a) SYSTEMATIC NEWS REPORTING, (b) CRITICAL COMMENTARY, or (c) PARODY, your use is probably fair.

10) How can non-commercial copying be unfair?

Non-commercial copying is generally fair unless the text you're copying is available for money either online or offline.

11) When you forward someone's message from one publicly accessible news group to another news group, is it an example of fair use?

Probably fair, because the message was published, and because the person posting it has no commercial interest in selling the message.

12) Is it good to post a copy of WordPerfect on an AOL bulletin for example?

No, You’re obviously infringing -- you've made a copy of someone else's copyrighted work, and you almost certainly don't have a good fair use defense.

13) Give the two kinds of truths that the law might try to protect.

- Truths about you that have revealed to the public, either by giving some information over to someone else, or by being observed in public; or

- Truths about you that you have kept private.

14) What is important in the European human rights?

"Data protection" is an important part of European human rights law.

15) Based on the four cases, are there any legal problems?

All four of these cases raise no legal problem at all, given the present state of United States law.

16) Is wire-tapping protected by the constitution?

Because constitutional protections had originally been understood to protect only against "physical invasions" by the police, the constitution did not protect against wire-tapping: the police could wiretap without physically invading the property of the suspect, wire-tapping was not protected by the constitution.

17) Explain the privacy.

Privacy are decided primarily in the context of criminal cases, where the court must weigh the interests of society against the interests of an alleged criminal; in this balancing, there is always a pressure to protect society, and through a collection of such balances, there is an inevitable shift of privacy protection. The rule seems to be that as technology improves, so that the police can see more without interfering with what individuals do, the constitution is read to allow the police to see what the machines allow.

18) What must the police do has to do if they wish to tap phones?

police must get the permission of a judge showing that they have probably cause to believe a crime is being committed before they can invade privacy

19) Give one example of the four sysop exceptions

if the message appears to pertain to the commission of a crime, then the sysop can disclose it, but only to law enforcement officials.

20) What does ECPA stand for?

Electronic Communication Privacy Act

21) What does ECPA protect against?

ECPA also protects against unauthorized disclosure of the contents of private communications. This just follows from the protection against unauthorized access. If you don't have access, then you can't disclose what you have learned.

22) Describe the system?

The system we have described here is somewhat cumbersome. But very soon, the system for encryption will become more automatic. Built into the web already are protocols for encrypting messages when, for example, the user is sending her credit card number. And as these technologies for encryption increase, the ease with which this kind of security can be achieved will increase as well.

23) What is pseudonym?

A pseudonym, however, is different from anonymity. Say, on AOL, you wanted to post a message anonymously. You therefore create a screen name called ANON3222. You then post a message with that screen name, and then delete the screen name. Now you have posted a message from a name that people will not associate with any particular character. It is a posting that speaks only with its words.

24) Explain Anonymity?

On an on-line service like AOL, whether your anonymity is protected depends upon the agreement between you and the service. Simple rule: If you are doing something illegal, or harmful, your identity probably will not be protected. We don't yet have the Swiss Banks of on-line services.

25) Explain privacy?

Right now, however, this privacy has little protection at all. Right now, that is, the snoops have the technology and the law on their side, so those seeking privacy in their electronic communications must also rely upon technology - encryption, or anonymity.

 

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