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CS5038 The Electronic SocietyIntellectual Property: Basics and Digital Media Copyright

Outline

(a bit of roller coaster on this topic)

• Copyright and its history

• The technology versus law arms race

• A range of topics: The cost of P2P The Digital Millennium Copyright Act (DMCA) How to identify IP ownership online The Digital Economy Bill in the UK

Note: Most of this lecture’s material was originally written by Brian Byrne, Eddie Wong, Chris Walker and Matt Kennedy. Later modifications by several others.

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Copyright ©“Exclusive rights regulating the use of a particular

expression of an idea or information”

Creative works, for example:

- poems, theses, plays, and other literary works,

- movies, choreographic works (dances, ballets, etc.),

- musical compositions, audio recordings, paintings,

- drawings, sculptures, photographs, software,

- radio and television broadcasts

Digital Media:

- eBooks, MP3 music, DivX video, digital photos, musical scores

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Copyright HistoryBook Curse:

“For him that stealeth, or borroweth and returneth not, this book from its owner, let it change into a serpent in his hand and rend him. Let him be struck with palsy, and all his members blasted. Let him languish in pain crying out for mercy, & let there be no surcease to his agony till he sing in dissolution. Let bookworms gnaw his entrails ... when at last he goeth to his final punishment, let the flames of Hell consume him forever.”

And you thought our plagiarism punishments were harsh …

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Copyright HistoryPrinting Press − Johannes Gutenberg − 1447

Similar printing technology

known in Korea and China

by c. 1234.

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The Statute of AnneShort title: Copyright Act 1709

Long title: "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned’’

• Generally considered to be the first fully-fledged copyright law. • Named after Queen Anne, during whose reign it was enacted.• Replaced the monopoly enjoyed by the Stationers’ Company (The

Worshipful Company of Stationers and Newspaper Makers, www.stationers.org).• Company members would buy manuscripts from authors.

Once purchased, they have perpetual monopoly on the printing of the work Authors themselves were excluded from membership in the company Could not therefore legally self-publish Given no royalties for books that sold well.

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The Statute of AnneThe statute of Anne vests authors rather than printers with the

monopoly on the reproduction of their works.

Time Limits Books already printed:

Copyright owner has exclusive right of publishing it for 21 years. Works not yet published:

Exclusive right to publish for 14 years from the time of first publication Right could be extended by an author for another 14 years.

Territorial loopholes Did not extend to all British territories Many reprints of British copyright works were consequently issued both in

Ireland and in North American colonies

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Other IssuesOrphaned works Difficult or impossible to contact the copyright holder Causes difficulty for anybody seeking to use/build on work

Moral rights Not to have the work altered or destroyed without consent. Right to be attributed as the author of the work. Monty Python (comedy) relied on moral rights in 1975:

Legal proceedings against American TV network ABC for airing re-edited versions of Monty Python's Flying Circus.

Provisions for the handicapped In U.S. provision for reproduction of material for the blind or other

persons with disabilities. Permits the reproduction in Braille, audio. electronic, Web-Braille, etc.

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Arms Race? Law versus Technology

• Before the Printing Press was invented it was to costly “pirate” someone else’s work.

• Printing press allows cheap copies.• Licensing Act in 1662 in England which protected

printers against piracy.• Laws strengthened over time to catch up with

technology – home recording etc.

• If law stronger then protection stronger.• If technology stronger then protection weaker

IP creators unable to claim economic benefitLarge part of incentive to create lostBad for society

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What is P2P?Peer-to-peer (P2P) computing or networking is a distributed application

architecture that partitions tasks or work loads between peers. Peers are equally privileged, equipotent participants in the application. They are said to form a peer-to-peer network of nodes. (See Wikipedia for a good article on Peer-to-Peer (p2p) architectures.)

Peer-2-Peer Internet technology Largely used for illegal file-sharing Widespread sharing of files, music, etc Growing problem as broadband uptake is increasing

Peer to Peer file sharing – e.g., Napster, gnutella, … Many forms of p2p

BitTorrent Peer-2-Mail (exploits webmail, more secure) Instant Messaging Services, e.g. MSN Messenger

Characteristics: User interface loads outside of Web browser

(Standard p2p client) User computers can act as clients and servers

Audio Galaxy, Imesh or Morpheus MusicCity Financed by adware/spyware (removal - lavasoft.de)

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BitTorrent• Has rapidly grown into very powerful & popular p2p technology

Greater speeds

Ease of uploading files

Easier to manage downloads

Downloading larger files possible(typical movie is 700MB in DivX)

• No search, download ‘.torrent files’ then run on BT client

• In 2006, 53% p2p traffic is BitTorrent …

• In 2006, 30% of all internet traffic …

• http://arstechnica.com/web/news/2009/02/internet-traffic-report-p2p-porn-down-games-and-flash-up.ars

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Effects• CD sales have fallen since 1999 when Napster started

P2P craze• Between 2000 and 2002 CD sales fell by 139 million

copies• Musicland: major US music retailer bought by BestBuy in

2000 for $696 million, sold for $1 in 2003• iTunes is all-conquering … imitators pile in • Recent years have seen major concerns from the music

industry• Digital Economy Act in the UK …

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Who does it affect?Artists

Lost royalties/profitsHarder for new artists

Record companies, movie production studios, publishers, software houses, etcLost revenues Increased security and legal costs

EmployeesRedundancies due to store closures, cut-backs, etc

Users?Favourite artists dropped by labelHoles in Firewall -> Computer exposedViruses, worms, etcSpyware, adware

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Remedies

Lawsuits Recording Industry Association of

America (RIAA) issued thousands Similar to book curse – fear - Article P2P illegal file-sharing is hard to govern since no specific

laws

BitTorrent tracker sites closure Some sites closed – but new ones spring up

Media Defender Developed technologies where copyright owners can plant

decoy files to annoy downloaders Downloaders working for less than minimum wage

Overpeer Discourages p2p file-sharing by using advertisements Provide information on where to buy the CD, movie, etc

and even provide samples

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Arguments for P2PLegitimate uses of p2p

NASA – to distribute cache on BitTorrentFree software and open source software

iTunes & NapsterOnline music download stores

Selling music online Reduced overheads costs Reduced production costs No distribution, packaging, etc Redundancies: Less staff needed

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Summary97-98% of traffic in P2P is unlawful

60% internet traffic is P2P

Every month on average 3.6 billion music downloads

Many people losing out

It’s hard to combat

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Are New Laws Required to Protect Copyright

(in Light of Digital Media Internet Etc) or Have Some Laws Gone Too Far?

– Brian Byrne

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World Intellectual Property Organization (WIPO)

The World World Intellectual Property Organization is a United Nations agency.

Setup in 1967 to

“encourage creative activity, to promote the protection of intellectual

property throughout the world”Currently 182 member states are a member of the

WIPO.

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EU Copyright Directive (EUCD); Digital Millennium Copyright Act (DMCA)

Member states signed The World Intellectual Property Organization (WIPO) treaty in 1996.

Signing countries promised to implement these treaties in law .

So the DMCA is the American implementation of the WIPO treaty.

There is a European version called the European Union Copyright Directive (EUCD). Very similar.

The DMCA Covers many areas: We focus on the “Anti Circumvention” provisions of the

law.

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Summary of Anti Circumvention Provisions

Prohibits

1. The act of circumventing technological protection systems.

2. Manufacture of devices / software that allow the circumvention of access control or copy controls.

3. Publishing methods to circumvent a protection system. (e.g., publishing source code).

Allows

1. Circumvention/cracking for research purposes.

2. In certain circumstances non profit organizations and libraries can circumvent.

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Why was the DMCA requiredThe circumvention provisions of the act where mainly

intended to stop “black box” descramblers used for free cable TV.

Pressure from entertainment industry.

“Arms race” between technology and Intellectual Property law.

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Do we need these new laws?Computers make perfect and cheap copies of digital

media.

Its difficult to catch pirates because of anonymous nature of the internet.

Cyberspace offers the worst of both worlds for IP owners

“place where the ability to copy could not be better and where the protection of law could not be worse “

(Lessig).

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However … • Technology gives control to IP owners.• Technology can control how we can consume / use IP.• User has lost traditional rights (fair use, read a book as many

times as you like, lend it to a friend, sell it …)• But can’t do this with copy protected electronic books – O’Reilly

Safari book shelf• Napster subscription based music – stops working when

subscription ends.• DVDs region encoded. (Bought in another country can’t use on

your machine).

Perfect control to IP owners. In the past organisations were only given “exclusive rights” for

limited time If no time limit on monopoly – no incentive to improve

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No balance of power between user and IP owner

The DMCA and protection technology give total control to IP owner.

No provision to preserve the traditional rights of consumers.

If a user wants to regain these rights they must break the law. (circumvent)

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Breaking the Law: Circumvention

DVDs are encrypted by the Content Scrambling System (CSS).

Technically, it is illegal to watch a DVD on a Linux system (all DVD players must apply for a licence). (DMCA/EUCD)

Motion Picture Association of America (MPAA) refused to grant a license to the open source project LiVid - Jon Lech Johansen cracked it

Jon Lech Johansen (aka DVD Jon) tried and retried in Norway for his involvement in writing DeCSS, acquitted both times.

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Is the DMCA Suppressing Free Speech?

Many websites published DeCSS – MPAA wanted to suppress it and sent subpoenas to the web sites saying they were contravening DMCA

The “Hacker magazine” 2600 for refusing to remove DECSS source code from its website (circumvents DVD encryption system).

They were Aided by the Electronic Frontier Foundation (EFF) – but stopped short of US supreme court

Legitimate uses for DeCSS Fast forward / Remove advertisements Remove region encoding Time Warner: Local laws impose censorship regulations Aids governments around the world in censoring the media their residents

can view DMCA makes it a crime punishable in US to circumvent censorship laws of

dictatorships worldwide

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Is the DMCA Suppressing Free Speech?

Security text book author states he is afraid of printing methods for circumventing DVD encryption.

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Is the DMCA Suppressing Free Speech?

Dmitry Sklyarov a Russian PhD student was arrested in California after giving a presentation on eBook's Security protection.

Circumvented Adobe’s eBook -> PDF Only worked with legally purchased copies

Legitimate uses Also allowed illegal copying

Crow bar

Is it illegal to own or buy one? Many legitimate uses ‘Going equipped to steal’ is an offence in UK law

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Researchers Scared of Court Cases

Edward Felton a Princeton University professor –

$10,000 challenge to remove Secure Digital Music Initiative (SDMI) watermarks

Published paper – legal action threatened but judge dismissed case

Institute of Electrical and Electronics Engineers (IEEE) introduced a policy “requiring all authors to indemnify IEEE for any liabilities incurred should a submission result in legal action under the DCMA”

After outcry – removed clause

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Conclusion

• Copyright law needed to “to promote the progress of science and useful arts”.

• The DMCA is being misused:• Suppresses free speech.• Stifles innovation – researchers scared to publish

work.• Denies traditional rights such as fair use. And requires

us to break law to reclaim those rights.

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Identifying Intellectual Property Ownership Online. Why and How?

Matt Kennedy

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IntroductionThe need for a universal system to identify IPR

ownership

Existing solutions DOI (Digital Object Identifiers) Watermarking

Future

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The Digital Effect

International borders crumblingSome treatiesBut IPR still vulnerable

Digital distribution – more broadband

Main source of revenue

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The Music Universe today

Producer

Promoter

Lawyer

Manager

Account.

Agent

Business ServiceBusiness Service

PRS 1999

Collection SocietiesCollection SocietiesRepresentationRepresentation

SongwriteSongwriterr

ComposerComposer

Owners public places where

performances of music take place:

pubs, concert halls, hotels..

Film & Video

Company

PRSPRSPerformancePerformance

RightsRightsSocietySociety

Owners of theatres &

operas houses

Grand Rights

TV & Radio broadcasters,

satellite & cable operators

Overseas usage:Live, Broadcast

and Synchronisation

MP

A

BM

R

PublisherPublisher

TV & radio broadcasters,

satellite & cable operators

MCPSMCPSPerformancePerformance

RightsRightsSocietySociety

Operators telephone line

Supplying music services

Audio& Video Jukeboxsuppliers

Overseas Mechanical

Income

Computer manufacturers

Games& musicnovelties

RecordCompani

es

Users of library &

background music

Retailers:Sheet Music

Sales

Overseas sub-

publishing,Licences &

Mech. Rights

Film&VideoCompanies:Synchron. licences

MUMUMusicians’

Union

BritishBritishAcademy of Academy of Composers Composers

& & SongwritersSongwriters

USA:ASCAP/

BMI/SESAC

Europe:GEMA/SACEM/BUMA

Rest:APRA/

JASRACEtc.

££

£

£

£

£

£

££

£

£

££

£

£

£

££

£

£

£

BMR

££

£

VideoCompani

es

£

TV & Radio broadcasters,

satellite & cable operators

Owners public places where

performances of music recordings

take place: pubs, hotels,

shops, etc.

VPLVPLVideo Video

Performance Performance LimitedLimited

£

£

£

£

Video Juke Box Suppliers

Owners public places where

performances of music videos take place: pubs,clubs,

discos, etc.

Music Mall Division of VPL Providing clip

sourcing duplication &

clearance

Licensees for recording

compilations & oversees exploitation

£

£

BP

I AIM

RECORD RECORD

COMPANYCOMPANY

AURAAURAAssociation of Association of

United United Recording Recording

ArtistsArtists

ARTISTARTIST

PAMRAPAMRAPerforming Arts Performing Arts

Media Rights Media Rights AssociationAssociation

£

£

County & Borough Council

Juke Box Suppliers

TV & Radio broadcasters,

satellite & cable operators

PPLPPLPhonographic Phonographic Performance Performance

LimitedLimited

£

£

£

£

Distributors & Retailers

£

£

£

£

MUMUMusicians

Union

Overseas Performance License

EQUITYEQUITY

ISMISMIncorporate Incorporate Society of Society of MusiciansMusicians

Collection AgenciesCollection Agencies RepresentationRepresentation

£

£

£

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Licensing Pain

Creator Producer Manufacturer Distributor Retailer Consumer

Music IPR Licensing

Retail CD

Licensing pain

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New communication gap

Licensing Painnot just who owns IPR, but who owns license

Creator Producer Manufacturer Distributor Retailer Consumer

Music IPR Licensing

Creator Producer Manufacturer Distributor Retailer Consumer

Music IPR Licensing

How can he sell?, where?, what DRM?

Retail CD

On-line

Licensing pain

Licensing pain

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Digital Object Identifiers

DOIs – handle, track content

Persistently associate metadata with digital objects

Easily access by prefixing http://dx.doi.org

XML used to store meta data

Drawback - hard to find DOI for some content

no sesarch facility

Good for static IPRs

Poor for dynamic IPRs and offline content – need regular updates

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The Way Forward?

DOIs provide a good framework for identifying some types of IPR

Need:

Search

Data integration and government cooperation

Contract management integration – automatic updates

Always going to have to employ different methods