Chapter 8

Case Study:

1.  Why did TPB believe it was not violating copyright laws? What did the Swedish court rule?

They claimed it was the P2P networks that doesn’t control themselves and they were only the search engine that pointed to them.  The Swedish courts did rule that TPB did violate Swedish copyright laws and sentenced the four founders a year of prison time and $3.5 million of restitution to the plaintiffs.

2.  How has TPB managed to continue operating despite being found in violation of copyright laws?

They moved their servers, dispersed multiple copies of its program to other countries, and TPB also moved around to many different countries.

3.  How has the music industry reacted to the problems created by pirates like TPB?

They have had to change their business model to include digital distribution platforms.  They included online platforms like iTunes, pay-per-downloads, subscription and cloud-based streaming.

Questions:

1.  What basic assumption does the study of ethics make about individuals?

“It is assumed in ethics that individuals are free moral agents who are in a position to make choices.”  And ethics is the study of principles used to determine the right course of action by individuals and organizations.

5.  Explain why someone with a serious medical condition might be concerned about researching his or her condition online, through medical search engines or pharmaceutical sites, for example.  What is one technology that could prevent one’s identity from being revealed?

That person might be concerned with how much of his personal information was collected by these commercial sites and what they do with it.  He may also be tracked by his cookies on his computer from the site and also be ad targeted by other products.  Also he may be concern if his info is sold to other companies.

One technology that lets you surf the Web with privacy protection is GhostSurf. 

10.  How do safe harbors work? What is the government’s role in them?

“Organizations that decide to participate in the safe harbor program must develop policies that meet European standards, and they must publicly sign on to a web-based register maintained by the Department of Commerce.” 

The government plays a role in certifying safe harbors and backing up self-policing and regulation by enforcing fair trade statues.

15.  Define cybersquatting.  How is it different from cyberpiracy?  What type of intellectual property violation does cybersquatting entail?

Cybersquatting is buying domain names that imitate or reflect the names or trademarks of existing businesses with the intent of extorting money.  A bad-faith intent to profit from someone else’s trademark.

Cybersquatting has the same behavior of cyberpiracy, but the difference is cyberpiracy’s intent is to divert traffic from the legitimate sites to their site in order to dilute the legitimate trademark’s value.

Cybersquatting violates the intellectual property protection of legitimate trademarks.  Which is the protection of tangible or intangible product owned by a company from infringement.

20.  What is the doctrine of “fair use”? Why did the courts decide that Google’s scanning of copyrighted books was a “fair use”?

“The doctrine of fair use permits teachers, writers, and others to use copyrighted materials without permission under certain circumstances.”  Factors such as:

·       Character of use – Nonprofit or educational use versus for-profit use.

·       Nature of the work – Creative works such as plays or novels receive greater protection than factual account, e.g., newspaper accounts.

·       Amount of work used – A stanza from a poem or a single page from a book would be allowed, but not the entire poem or a book chapter.

·       Market effect of use – Will the use harm the marketability of the original product? Has it already harmed the product in the marketplace?

·       Context of use – A last-minute, unplanned use in a classroom versus a planned infringement.

 

The courts decided that Google’s scanning of copyrighted books was “fair use” because, “the judge believed the project had a broad public purpose of making it easier for students, researchers, teachers, and the general public to find books, while also preserving consideration for author and publisher rights.  The Google project was “transformative” in the court’s view, giving books a new character and purpose, making it easier to discover old books, and leading to increased sales.”

 

Projects:

#1.    Google Advance Search – SafeSearch filtering options.

The purpose of SafeSearch is to filter out explicit inappropriate or adult materials.  This prevents unsuitable materials from exposure to children.   To prevent children from changing the filter, parents can lock the setting if they have a Google account.  The only disadvantage is in some instances, some of the filtered items may be of educational value.  But you do have Moderate or Strict filtering, depending on if you want to remove images from their Image Search results.  The Strict, filters both the image and the ordinary Web results where Moderate only filters the image results and not the ordinary Web search results.  Google may have terms that could be considered inappropriate to the software but approved by parents, though I am not aware of them.