Lei Shi

ITS 380

Chapter 8

 

Case Study Questions

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

The Pirate Bay claims it is merely a search engine providing pointers to existing P2P networks that it does not itself control. It says that it cannot control what content users ultimately find on those P2P networks, and that it is no different from any other search engine such as Google or Bing, which are not held responsible for the content found on sites listed in search results. They further state they did not encourage, incite or enable illegal downloading and they were not violating Swedish copyright law.

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

In 2011 the firm moved its servers into caves in Sweden, and dispersed multiple copies of its program to other countries just in case Swedish police tried to confiscate its servers again. Besides that, TPB is also frequently changing its IP address.

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

The biggest music industries have taken legal action in many different court battles. The music industry has had to drastically change its business model and decisively move towards digital distribution platforms.

 

Questions

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

Ethics is the study of principles that individuals and organizations can use to determine right and wrong courses of action. It is assumed in ethics that individuals are free moral agents who are in a position to make choices

 

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?

An individual with a serious medical condition might be concerned because in the U.S., there is no federal agency charged with enforcing privacy law. Private organizations and businesses can still use personally identifiable information gathered in commercial transactions for other business purposes.

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

      Safe harbors are private, self-regulating policy and enforcement mechanisms that meet the objectives of government regulators and legislation but do not involve actual codified regulation and enforcement. Industry groups or other organizations submit self-regulatory policies that implement the protections set forth in the safe harbor to the overseeing governmental agency or commission.

 

 

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

Cybersquatting means registering, trafficking in, or using a domain name with the bad-faith intent to profit from a trademark belonging to someone else. It refers to the practice of buying domain names that reflect the names or trademarks of existing businesses intending to extort payments from the businesses. Cybersquatting is different from cyberpiracy because although cyberpiracy involves the same behavior, the intent is to divert traffic away from legitimate sites to infringing sites. It is a bad faith attempt to divert traffic that dilutes the value of the legitimate trademark. Cybersquatting is considered an intellectual property violation because the creator of the trademark or company name owns it according to the general principles of intellectual property law, which state that any tangible or intangible product of the human mind is protected from infringement.

 

           

 

 

Project

Go to Google’s Preferences page and examine its SafeSearch filtering options.  Now surf the Web in search of content that could be considered objectionable for children, to see how the parental controls function works. What are the pros and cons of such restrictions?  Are there terms that could be considered inappropriate to the software but approved by parents? Name five questionable terms. Prepare a brief PowerPoint or other form of presentation to report on your experiences and to explain the positive and negative aspects of such filtering software.

Google's SafeSearch filter screens for sites that contain explicit sexual content and deletes them from its search results.  There are three SafeSearch settings: Moderate filtering excludes most explicit images from Google Image Search results but doesn’t filter ordinary Web search results. Moderate filtering is the default SafeSearch setting. Strict filtering applies SafeSearch filtering to all search results.