Intellectual Property Group 3 SU 09

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This page has been created for the use of students in EPS 415 during Summer 2009. Please do not edit this page unless you are a member of the appropriate group. Thank you.

Contributors: Alejandra Sanchez, Aya Ismail, Daniel Hile, Daniel Whipple, Greg Scott, Hui-Ping Chang, Kristin Kutella, and Matt McCulley

Course: EPS 415: Ethical & Policy Issues in Information Technologies, Summer 2009

Instructors: Professor Nicholas C. Burbules

Institution: University of Illinois at Urbana-Champaign

Contents

Overview of Intellectual Property

Basic Definitions

Intellectual property (IP)

refers to outcomes based on individual and multiple intelligence with property claiming rights. Such creations of the mind include inventions, names, images, designs, technology, and medical research. [1] More specifically, the list includes:

  • literary, artistic and scientific works;
  • performances of performing artists, phonograms, and broadcasts;
  • inventions in all fields of human endeavor;
  • scientific discoveries;
  • industrial designs;
  • trademarks, service marks, and commercial names and designations;
  • protection against unfair competition; and
  • “all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”[2]


Intellectual property law

the U.S. grants owners of such creations exclusive rights over them through copyrights and industrial properties after filing an application. The application process to claim "copyright" or ownership of the inventor's work typically has a 25 day grace period prior to denial/approval of intellectual property rights.


Copyrights

relate to literary and artistic creations “such as books, music, paintings and sculptures, films and technology-based works such as computer programs and electronic databases.”


Industrial properties

relate to inventions that are typically created and used for industrial or commercial purposes, and they include:

  • Trademarks, which are distinctive signs used to differentiate among products in the market.
  • Patents, which are granted for new, useful, and non-obvious inventions.
  • Industrial designs, which are the aesthetic and visual aspects of a product including its shape, pattern or color. Unlike copyrights which are only concerned with aesthetics, industrial designs must have visual appeal and perform a useful function efficiently.
  • Trade secrets, which are pieces of non-public information concerning the commercial practices or proprietary knowledge of a business.[3]

Rights Protected

Article I, Section 8 of the U.S. Constitution grants Congress the power to “To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Congress exercises this power by defining and protecting intellectual property through copyrights and industrial properties.[4]


Holders of copyrights have the exclusive right to use their work and to prevent other parties from using it without their authorization. Copyrights protect against acts of reproduction, distribution, adaptation, translation, broadcasting, and public performance of copyrighted material. The period of protection starts at the point of creation till about 50 years after the death of the creator.


Trademarks grant holders an exclusive right to use the mark and to prevent unauthorized parties from using it. It also protects against the use of a similar mark that may be confused with the original one. “The period of protection varies, but a trademark can be renewed indefinitely on payment of corresponding fees.”[5]


Holders of patents have the right to exclude anyone else from commercially exploiting their inventions for a certain period of time, usually 20 years. In return for this right, the inventors have to disclose the patented invention to the public so that people can benefit from the new knowledge and further develop the invention.[6]


Owners of industrial designs have the exclusive right to “make, import, sell, hire or offer for sale articles to which the design is applied or in which the design is embodied.” The period of protection ranges from 10 to 25 years and proprietors have to renew their registration several times during that period.[7]


The trade name of a certain organization (or one that is confusingly similar to it) may not be used by another organization. Trade names must be protected without registration.[8]


Role of Intellectual Property

Intellectual properties serve two main roles: “one is to give statutory expression to the moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second is to promote creativity, and the dissemination and application of its results, and to encourage fair trade, which would contribute to economic and social development.”[9]


The rationale is that creators won’t have an incentive to create if they cannot claim legal rights or reap the economic benefits of their creations. Individuals and firms invest a lot of time, effort, and money in research and development; monopoly profits from exclusive rights allow them to recover the cost and make a profit out of these creative activities. Not only are intellectual properties an incentive to create but also to commercialize inventions. Someone who makes a great discovery may not be motivated to share it with the public if he/she does not expect to take credit or be compensated for it; as a result the public would be deprived of knowledge that can trigger further development. Therefore, intellectual properties are meant to serve the interests of both the inventors and the public.[10]


Moreover, intellectual properties indirectly lead to economic development; these rights encourage investment in research and development which lead to innovation which in turn lead to a higher rate of product introduction which ultimately leads to economic growth. [5] Intellectual property alone does not drive economic growth but it is an important factor in facilitating such growth.[11]


Criticisms

Lemley (2005) argues that Congress, the courts, and commentators are mistakenly treating intellectual properties as real properties, leading them to believe that more protection is better. By doing this Lemley claims that they are diverging from the original goal of intellectual property law, which was to give as little protection as possible, just enough to encourage innovation. [12] Other critics argue against the notion that without intellectual properties people won’t have an incentive to create. Wikipedia and Free software are proof of that.[13]Walker (2000) criticizes the legislations that have extended the copyright terms of individual and corporate intellectual property by 20 years. He claims that giant entertainment companies such as Disney and Time-Warner are big campaign donors and have used their connections with the Senates to get copyright extensions passed although “there is no conceivable public benefit from the additional 20 years. Zero." [14]


Intellectual property raises many other debates. In the following sections, we will be discussing some of these issues namely, educational opportunities and challenges; impact on non-academic settings; and the effect of globalization.

What are the educational opportunities and challenges arising from these developments?

Educational Opportunities

The legal system of intellectual property has to catch up with the changes in technology. The recent developments on the Internet have changed the way knowledge is produced, distributed, and built upon. Kolbitsch & Maurer (2006)[15] pointed out that the transformation of the web is not just based on the technological changes, but more on a fundamental mind-shift—knowledge production and distribution is no longer strictly through a “top-down” flow, but also through a “bottom-up” approach. Useful information is no longer determined by any single information provider but by the individual users of the community. Users who do not have special technical skills can easily contribute their knowledge and participate in the various online activities. As a result, the continuous content creation and information sharing help to develop the collective intelligence on the internet, which becomes one of the essential characteristics of the web 2.0 (Tim O’Reilly, 2005)[16]

Access to Creating Knowledge

The widespread addition of social networking technologies has changed the way we interact with each other. These technologies have allowed us to interact and exchange ideas in a way not seen before and as a result, changing the way intellectual properties are viewed in the world. The following are examples of how technologies have given us a forum to publish, develop, exchange, and create ideas in a collaborative medium that is ever-changing and in a constant state of growth.


Wiki


Officially, wiki is a Hawaiian word that means fast and is a currently and more widely known as a type of collaboratively edited web page. The subject of a wiki page is entirely up to the authors but, as this list illustrates, there is an extensive variety of education- and entertainment-based material to learn from, contribute to, and build off of. The list itself being a Wikipedia page is capable of being edited and expanded such that at any point, a new Wiki can be developed and added to this list.

  • Wikis in education

Wikis are increasingly being used in various educational settings. Although it is hard to estimate the number of wikis used in the educational setting, more and more people are finding that using wikis can facilitate students' learning. Also, teachers and professors are feeling encouraged to use wikis in their classes to experience how an open content website works. Wikipedia: FAQ/Schoolsprovides some guidelines for educators to understand how schools, teachers, and students can benefit from using Wikipedia. Wikipedia: School and university projectlists current Wiki projects for college and university students.

Some educators talked about the benefits of using wikis in their classroom settings in this video:

Some additional resources:

10 best practices for using wikis in education

50 ways to use wikis for a more collaborative and interactive classroom

The States of Wikis in Education

  • Wikis and copyright

Intellectual property is a complicated issue when applying to the wiki-based software. The assumption of intellectual property-- the creative work is the product of an individual’s effort-- does not fit in wiki’s characteristic of large-scale collaboration. In addition, because the wiki-based software allows entries to be changed by anyone at any time with an Internet connection, the ongoing open-editing and publishing process increases the difficulty of protecting an individual’s ideas.

Different wiki communities are copyrighted under different licenses as the list shows. Lamb (2004)[17]stated that there are three types of IP used by wiki communities: (1) Under a CommunityCopyright policy, individuals own the copyright of their works and allow their contributions to be modified within the wiki; (2) Under a PublicDomain policy, every contributor to the wiki space give up his/her copyright; and (3) Under a CopyLeft policy, anyone can use the contents of the wiki for any purpose and to make derivative works. Individuals maintain their copyrights. He also pointed out that although each policy is simple, different participants have different desires and thoughts about what is the most appropriate one for their wiki community. In 2009, the Wikimedia Foundation (WMF) has proposed that the copyright licensing term on the wiki operated by the WMF (including Wikipedia) be changed to include the Creative Commons Attribution-Sharealike (CC-BY-SA) license in addition to the current GNU Free Documentation License (GFDL). A Wikimedia-wide vote for this issue has been conducted and about 75 % of voters agree this change. This licensing update/resultindicated that the content on wikis can be shared more easily for everyone to use.

See also:

Copyrightimpossibilitytheorem

Wikicopyright


Blogs


A web log or blog is a type of online journal that allows the author to write about and display online ideas, thoughts, comments, specific subjects or nonsensical ramblings. According to the definition of Wikipedia, a blogis “a type of website, usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in reverse-chronological order.” Typically these blogs allow the reader to get involved in the process by commenting on an entry through their own written text, thus allowing an interplay of ideas.

  • Blogs in education

In recent years, blogs have been increasingly used in educational settings. Many articles [18] [19][20] talked about the benefits of blogging in education. On the other hand, researches demonstrated its effectiveness on the learning efforts. The study of Du & Wagner (2007)[21] found that the continuous use of weblogs as online learning logs can effectively enhance students’ learning performances by supporting cognitive and social knowledge constructions, and by reinforcing individual accountability in learning. Results from 31 undergraduate students indicated that the performance of students’ blogs was a significant predictor of the learning outcome (i.e., exam performance) and possibly a better predictor than traditional coursework measures.

  • Blogs and copyright

The intellectual property issue of blogs seems to be more straightforward than wiki-based software. Because blogs are designed for individual publishing, the one who maintains the blog is the blog’s owner. His/her original works are protected by copyright in most countries around the world, which means that these material can be protected for about 50 years after the death of the blogger. However, for those blogs serving as corporate public relations, if blogging is ‘work for hire’, the employer is considered the legal owner of the corporate blog.[22]

Though the copyright ownership of blogs is clear, other legal issues have raised with blogs and still remain in a gray area. The first issue is about the deep linking. Linking is one of the unique characteristics of blogs which can connect the readers directly to another blogger’s site, to the same blog but different page, or to a file/image, etc. Deep linking means a link that a blogger put on his site directly leads to an internal page on another website. As a result, the use of deep linking keeps the readers away from the main page of that site or let readers can not follow the flow of that website. In some cases, the website owners argue that they have the right to set the browsing rules and the other blogs/sites should only be allowed to link to their any particular internal pages under their restrictions. For example, in the case of Ticketmaster Corp v. Ticket.com[23], Ticketmaster argued that deep linking was ruled to be an act of copyright infringement and unfair competition by Ticket.com. So far, however, the courts have found that deep linking by a blogger is neither a copyright infringement nor trespass. Bloggers should be cautious about using deep linking and it would be safer to ask for permission and include a front page link next to the deep link.

Another issue is about the image usages. Some bloggers use the images they find by the techniques of thumbnails, framing and inline linking. Thumbnails are reduced-size, lower quality of the same image which link to the source site. Framing is the practice of importing information from another page for display into a special frame on a web site. Inline linking is a way of linking in which the blogger does not copy an image file to his/her own blog but to point to an image (usually full size images) that belongs to another blog/website. The uses of thumbnails are protected under the fair use exception of copyright by US circuit Court[24]. Framing and inline linking, however, are more likely to be copyright infringements of the reproduction and derivative works rights of the creator. There are some law suits regarding the use of framing and inline linking violate the creators’ right of distribution and public display.[25] So far the case law hasn’t developed clear and definitive rules on framing and inline linking. Thus, how can bloggers safely use the linking function? In general, to get permission directly from the creator of the work would be the safe way to frame and inline content from another blog/website. Brad Templeton commented that “if you have an ordinary web site, and linking is not going to bypass some security, or payment system such as advertising, and there's no information anywhere about the site not wanting you to link in and no reason to believe they don't want it, linking should be very safe.”[26]

In terms of the user-generated content, bloggers usually allow their visitors to make comments on individual posts for criticizing, praising or merely pointing to other interesting topics, but sometimes slanderous comments, malicious posts or even spam comments can also be posted. The gray area is that bloggers do not own the user-generated content on their blogs.[27] Different comments are copyrighted by the different posters and thus bloggers should not delete or modify their visitors’ comments. One practicable way to deal with this situation is to create a comment policy which informs the rights and duties for the blogger and potential posters. For example, a blogger can explain that he/she have a license in all content posted in his/her blog and have a duty to control effectively over the comment threads. This will ensure that posters are aware of what thy can not say in a comment and what consequences of their works would be treated by the blogger after they accept and agree with the posting.


Websites


Certain website technology allows people to collaborate and develop knowledge over great distances. These sites allow users to upload and store images, text, and video for others to access, learn from, and edit. "Two of the most recognizable examples of web collaboration these days are MySpace and YouTube"[28]. This co-authoring allows for all to learn from each other's knowledge for the betterment of the greater good. These sites can be utilized for the purpose of storing and distributing files by means of a database as well as "the bulletin board or forum. Each one of these is a place for discussion of various topics introduced by the site’s host or users. Some bulletin boards and forums are the busiest sites on the Web"[29].

  • Bulletin Boards/Forums

"Electronic bulletin boards are becoming increasingly valuable resources for individuals to share knowledge and ideas on specialized topics"[30]. These bulletin boards, also referred to as message boards, are an asynchronous way to post ideas and share them over time. Others are allowed to access the message board and respond to the post or post their own idea on the issue. In regard to intellectual property, the concern is about who is responsible for the content. The initial ruling was that all material posted was the responsibility of the provider. However, in recent years rulings have come out giving more immunity to the provider unless there is an issue of objectionable, illegal, or intellectual property copyright infringement. Otherwise, these providers are not to be treated the same as a publisher.[31]

  • YouTube

YouTube is a website that allows people to post their own videos. Subjects vary from social networking, to home movies, to video journals, and even mash-up movie compilations. The site also allows viewers to post comments on the video being watched, allowing for yet another exchange of ideas.

The debate over intellectual property is quite prevalent in the YouTube medium as video from any source can be published as a YouTube video, not just personal video. As the video site gained in popularity, television shows, movie clips, and other copyrighted video were making there way on the internet for all to see. Needless to say, the question over who had the right to publish and use such material brought about a great deal of controversy.

One of the biggest lawsuits against YouTube was filed in 2007 by Viacom, the entertainment giant that owns Paramount and DreamWorks. Viacom accuses YouTube of “massive intentional copyright infringement” and claims that 160,000 unauthorized clips of Viacom’s programs have been uploaded and watched regularly on YouTube. The company is asking for $1 billion dollars in damages.[32]

While Viacom argues that YouTube’s blatant disregard for intellectual property laws is threatening the economic tenants of the entire entertainment sector, Youtube points out that rights owners like Viacom can benefit from opportunities presented by the video-sharing website. These opportunities are: “to interact with users; to promote their content to a young and growing audience; and to tap into the online-advertising market.”[33]

Viacom also argues that YouTube is intentionally taking very little measures to prevent users from posting pirated clips on its website. YouTube has responded by saying that it will remove those clips only upon a takedown notice from the rights owners. By doing this, Youtube has shifted the responsibility of detecting infringing videos to the copyright holders. This has caused the latter to dedicate a lot of money and human resources to “police” the website, something which they are of course not happy about. In its defense, YouTube refers to the Digital Millennium Copyright Act, which says that “companies are off the hook if they remove copyrighted content promptly when it is brought to their attention.”[34]

Although Lindgren, an intellectual-property lawyer, sees some legitimate copyright concerns in Viacom’s case, he recognizes that this case might also be about Viacom’s desire to maintain control over the content and distribution of their programs like they have done in the past.[35]

In 2008, Viacom was granted the right to access YouTube users’ records, namely their viewing history. This has given rise to concerns about privacy violation, especially if Viacom goes after and sues people who may have watched unauthorized videos on the website.[36] YouTube users have expressed their rather enraged opinions about this issue by uploading videos of their personal statements on the website. One of the most popular videos is posted below. The maker acknowledges Viacom’s right to remove copyrighted material off of YouTube but warns against infringing on users’ right to privacy. He says, “I am not a thief and I don’t like being treated like one because I may or may not have clicked on a video that had copyrighted material in it… especially since we don’t know for sure what we’re going to see when we click on any link.”[37]



  • YouTube EDU

A more recent addition to the YouTube family is what is being called YouTube EDU which has "aggregated thousands of free lectures from over a hundred universities across the country, including MIT, Yale, Harvard, Stanford, and oh-so-many more" [38].

Here you can find a list of all the participating universities contributing to the most recent internet education website.

"This robust collection gives you access to lectures by professors and world-renowned thought leaders, new research and campus tours" [39] Ben Hubbard, the manager of the webcasting initiative at UC Berkley was recently quoted as saying, "There are a lot of universities and other centers for learning engaged with their local communities on YouTube, but it hasn’t always been very easy to find them. YouTube EDU makes it much easier for us to locate our peer institutions, connect around common interests, and perhaps even engage with one another in a more meaningful and productive way to create (or make more rich) a community of best practices”[40]. Despite the fact that it is currently solely geared toward cataloging college lectures, this does provide an opportunity for students to learn and engage in lectures from the best intellectual minds from around the United States. Perhaps a database such as this will become more available for k-12 educators in the future but this is an excellent start to developing knowledge access for everyone, not just the elite or the one's who can afford it. If there was every a positive to the need for internet access for educational purposes and an example of how intellectual property can be shared freely to anyone who can access it without the traditional expectations of reward or monetary gain, this may be it.

Participation in Building and Compounding Information

In today's knowledge-economy society, team work or intellectual capital is valued in educational settings, blogs, on-line education, government agencies, and private enterprises more than ever.

Human capital from all walks of life with specific skill sets and knowledge are sought after by private companies, the government, and university settings to help achieve specific goals.

However, fluency in English, excellent communication skills, and group dynamics will determine not only the extent of an individual's participation, but the outcome in building and compounding information.

Here is an article about the compounding of knowledge and the challenges that arise in regard to who owns ideas that are compiled together.

Quick Access to Sources of Information

Our current age we live in, utilizing the internet as a medium to conduct research, puts the world's intellectual property at the fingertips of every person with access. Research that once took hours, days and weeks have been reduced to minutes. The internet has brought research to every one with access. No more library card, no more elitist knowledge sources. For better or worse, knowledge is literally everywhere. Any subject, any source, can be found, to some degree, on the internet. Gone are the need for microfiche cataloging of newspaper and magazine articles. Now most articles are simultaneously published on the internet. And if not, the internet can provide a way for you to get them. The card catalog has been replaced by the search engine and typing in a topic opens up a seemingly endless array of information with a broad tapestry of knowledge that interconnects the content needed.

Utilize this video by Jimmy Wales co-founder of Wikipedia.

Resource Sharing and Openness

Creative Commons


image:creativecommons.jpg

Creative Commons is a nonprofit organization that seeks to “increase the amount of creativity (cultural, educational, and scientific content)… that is available to the public for free and legal sharing, use, repurposing, and remixing.”[41] It provides free and simple legal tools that enable individuals and companies to grant copyright permissions to their creative work. While “all rights reserved” has been the default copyright term, people can now publish their work with a Creative Commons license, in which they have the choice to set their own copyright terms. They still own the copyright but they allow certain uses of their work; this is known as “some rights reserved”. For those who wish to publish their work without any copyright, Creative Commons helps them do so through a “no rights reserved” alternative to copyright.[42]


The Creative Commons grew out of a concern that copyright is stifling creativity in the digital environment by denying people the right to access, remix, and distribute copyrighted material online. It grew out of its founders’ desire to “counter a culture in which creators get to create only with the permission of the powerful or of the creators of the past.”[43] Its aim is therefore to create a “digital commons”, an online community in which creative material is abundant, freely available, and easily accessible [44] so that the intellectual property is open to be shared used and reworked at the discretion of the individual who came across it based on the Creative Commons License. The non-profit organization dedicated to distributing these licenses does so in order to "allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators"[45].


What does this mean for education? Wesley A. Fryer writes about the need for teachers and students to learn about Creative Commons in order to understand what constitutes acceptable and legal uses of creative material online. Students are often confused about whether they can use certain pictures or music in their PowerPoint presentations and whether they can publish presentations containing such content online, without infringing copyright laws. Teachers, on the other hand, are tempted to give up on multimedia assignments because they fear falling into legal issues with rights owners. Fryer finds that one key to these problems is found in the Learn More Creative Commons website, which contains very useful and resourceful search tools that guide teachers and students towards legally reusable digital content. Fryer goes on to give a list of websites that are “CC-friendly” and this includes:[46]

Equipped with the knowledge of Creative Commons and the sources of CC-friendly creative material, teachers can transfer that knowledge to their students and empower them to reuse and remix digital content to incorporate them in their own creations.[48]


Open Education Resources

image:OER_Commons.jpg
OER or Open Education Resources are defined as “teaching, learning and research resources that reside in the public domain or have been released under an intellectual property license that permits their free use or re-purposing by others. Open educational resources include full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials or techniques used to support access to knowledge." [49]

In simple terms, "OER content is made free to use or share, and in some cases, to change and share again, made possible through licensing, so that both teachers and learners can share what they know [50]. The purpose of OER is to increase global access to high quality knowledge and learning resources, thereby increasing human intellectual capacity.[51][52] This purpose stems from the belief that world knowledge is a public good and should therefore be freely available to all to use and contribute to; the Worldwide Web has provided the infrastructure to make that idea possible.[53]


Before OER, The William and Flora Hewlett Foundation funded the MIT Open Courseware project (OCW), which has put all 1800 of MIT’s courses freely on the web. This raised the concern: “what does this mean when a university gives away its content?”[54] MIT replied by saying that the value of the experience of learning at MIT isn’t in the content or the curriculum but in the face-to-face interaction with faculty and students.[55] Second, this move has drawn a lot of positive attention and attracted many students to MIT.[56] Third, professors were able to see how professors from other departments within the same university were teaching the same material, thus creating cross-departmental collaboration.[57] Not only within the same university but also professors around the world can now access and use that content to supplement their own.[58] Finally, the connectivity provided by the Internet allows content that is shared to be picked up by someone else, who corrects and build on it and puts it back up for someone else to pick it up. This system of sharing is much more efficient and improves teaching and learning.[59]


OER has and will continue to inspire projects that seek to transform the current models of teaching and learning. Open Participatory Learning Environments have the potential to replace traditional classrooms, which are “no longer going to work”. In these participatory environments for example, students go out and collect data in the field about their ecosystems. The data is then put in databases that teachers around the world can use to give real-life examples and to compare the geographies of different parts of the world. By doing so, "teachers and learners become part of the global culture and of the global learning community".[60]


While OER and other similar movements have begun to address issues of access and have gotten content and knowledge to be freely shared online, they are only just beginning to address how the use of that content should be changed to deepen knowledge and create new ways to learn.[61]

Education and Copyright

image:Copyright_symbol2.gif
The usages of Blogs, Wikis and media-sharing sites show that the internet is a collaborative publication medium which allows students to easily reproduce, edit, distribute and publish the content they collect and create. In addition, using these technologies in education has lots of advantages as mentioned above. When educators encourage students to engage deeply in various learning activities via these online resources, they also have to be mindful that whatever is captured online, whether texts or sounds or images, is protected by copyright. They have responsibility to teach students to respect the intellectual property rights to others as well as to safeguard their own intellectual property rights for their creative efforts. How do educators cope with intellectual property issues with the rapid development of technologies? How do these technological changes influence the copyright education?

A research[62] conducted in 2007 by Temple University’s Media Education Lab, American University Washington College of Law’s Program on Information Justice and Intellectual Property, and American University School of Communication’s Center for Social Media showed that educators, no matter in K-12, higher education, or after-school programs, faced conflicting information about their and their students’ copyright issues. These interviewees also faced the complex and restrictive copyright policies in their institutions. Although fair use is the most important guideline for educators, most participants in this research can not provide an accurate working definition of fair use. As a result, these copyright confusions restrict teachers’ quality of teaching as well as de-motivate teachers for taking advantage of digital platforms. Some teachers attempted not to understand the actual laws in order to keep their current teaching techniques while other teachers did not allow students to do any mashups to show their own points of views due to the fear of copyright violation. This video The Cost of Copyright Confusion for Media Literacy shows how these copyright beliefs affect educators’ teaching practice:

Doug (2008) argues that the mindset that “if we don’t know for sure, don’t do it” can not fit the needs of either students or their teachers. In his blog, He writes a series of article [63] [64][65][66]and suggests four ideas for educators to change the approach of using and teaching about intellectual property:

  • "Change the focus of copyright instruction from what is forbidden to what is permitted, such as teaching how to cite a source and avoid plagiarism, teaching the concepts and test of Fair use, teaching the ‘transformative’ nature of copyrighted works, informing special rights given for educational purposes, and teaching the fair use guidelines for educational multimedia project containing original and copyrighted materials";
  • "When there is doubt, err on the side of the user. He argues that the use of materials should be allowed unless there is a specifically forbidden and legally established in case law";
  • "Be prepared to answer questions when the law seems to make little sense, when a law is inconsequential, when a law is widely ignored, or when breaking the law may serve a higher moral purpose";
  • "Teach copyright from the point of view of the producer, as well as the consumer".

In a digital world, issues associated with intellectual property and copyright are full of uncertainty and complexity. Will creative commons or other copyleft licenses cause a fundamental change in the way we think about intellectual property in the future? Do some digitalization works like Google books library project increase the access to source of information for public but violate publishers’ rights for making digital copies without their permission[67]? How to balance the right of users with the right of the owner? Are there set rules about what kind of use is “fair” online? The rapid pace of technological change causes more challenging tasks regarding intellectual property issues as discussed below.


Educational Challenges

Plagiarism

Plagiarism has become a serious concern as technology that allows for information sharing also enables students to misrepresent the work of others as their own. According to Merriam-Webster's online dictionary, to plagiarize means "to steal and pass off (the ideas or words of another) as one's own: use (another's production) without crediting the source." [68] Plagiarism can take the form of simple copying of text, a failure to paraphrase, or neglecting to put quotation marks around a directly quoted source. [69]


Plagiarism by Students


Students commit plagiarism for various reasons. Robert Harris (2009), a professor turned instructional designer, reports that students often commit plagiarism because of the desire to "economize,"[70] to compensate for procrastination, or to experience the thrill of committing academic dishonesty. Some students also commit plagiarism to compensate for factors such as writer's block or insufficient familiarity with the subject matter. While committing plagiarism used to be more difficult, the explosion of information on the Internet has made obtaining unoriginal material quite simple.

Several online services are in the business of providing term papers to students. For a fee, students can access pre-written papers, complete with bibliographies. A query of one of these sites lists 63 papers available on United States history topics from 1900-present.[71] While the site offers brief summaries of each paper, they do not offer any information on the experience or qualifications of the author. Students who attempt to pass off one of these papers as their own take serious risks with regards to possible failing grades, discipline, or even expulsion from their academic institutions.


Detecting Plagiarism


While overt plagiarism may be detected through simple search engine queries, many students have become more sophisticated in hiding the source of their misrepresented work. To combat this increased sophistication, companies have developed proprietary plagiarism detection systems. EVE2, an "Essay Verification Engine" targeted toward professors, is designed to perform a comprehensive search of the Internet and return links to possibly plagiarized works.[72] Similarly, WriteCheck (powered by Turnitin) is a service restricted to only students.[73] It claims to search "10,000 major newspapers, magazines, scholarly journals as well as...over 11.5 billion current and archived pages of web content, and more than 65 million previously-submitted student papers."[74]

Information Efficiency and Immediacy vs. Deep Reading, Writing, and Research

Gary Marx discusses intellectual property and capital in his book Sixteen Trends. Businesses are constantly looking to find operating efficiencies since ultimately they seek competitive advantages over their rivals. Marx makes the assertion that school systems then are faced with the task of educating students (potential future workers) to become reasonably prepared to operate as ‘intellectual entrepreneurs who are both curious and persistent as they pursue a world of possibilities” (Marx, 71). So, while colleges and universities have historically involved themselves in the business of intellectual and social capital, (and in the environment of rapid technological advancement) they also seemingly find themselves conflicted with the concept of traditional education particularly as it relates to deep reading, writing and research.

Information Explosion and Overload cause difficulties in learning

The ‘information explosion’ creates difficulties in educational systems that often find security and protection within the concept of the status-quo. Breaking those constraints is an ongoing battle in the war for (technological) progress. Educational systems reluctant to change may encounter conflict with economic forces that require technological and educational improvements. This conflict is exacerbated as new products, services and processes run contrary to the “existing values, beliefs, biases, traditions and lifestyles” (Marx, 77) of the prevailing society at large.


How do these challenges relate to areas outside formal educational boundaries?

Napster and The Pirate Bay

Original Video

The History of Copyright and Piracy and Cyberspace:The New Frontier developed by Matthew McCulley

The History of Copyright

Comparisons and Commentary

Piracy and Anti-Piracy: The Beginning

Cyberspace: The New Frontier Parts 1 & 2

Piracy and Copyright in the United States Conclusion

Linux and Open Source

An operating system is "software that controls the allocation and usage of hardware resources such as memory, CPU time, disk space, and input and output devices"[75]. There are three main operating systems that most businesses, government agencies, and households use to run their computers. The first is the Windows Operating system which is designed and owned by Microsoft. The second is Mac OS which is the operating system that all current Apple/Macintosh computers use. Both of these operating systems run on specific types of systems and must be purchased by the companies in order to use them. Linux is the operating system that changes the rules and takes the idea of intellectual property and capitalism and turns them on their heads. "Linux is a free Unix-type operating system originally created by Linus Torvalds with the assistance of developers around the world. Developed under the GNU General Public License , the source code for Linux is freely available to everyone"[76].

Because anyone can view the source code, anyone can modify and develop Linux to suit their individual needs, improving and enriching the original design. "There are now literally hundreds of companies and organizations and an equal number of individuals that have released their own versions of operating systems based on the Linux kernel (foundation)"[77]. Having been around for a while now, Linux has been growing in popularity contending with the Windows and Mac OS powerhouses. "Linux is predominantly known for its use in servers, although it is installed on a wide variety of computer hardware, ranging from embedded devices and mobile phones to supercomputers. Linux distributions, installed on both desktop and laptop computers, have become increasingly commonplace in recent years"[78].

Designing something that is open for anyone to use, reuse, change and build from is not a new concept but one that goes against the status quo of what our particular culture says we are supposed to do. We are trained to believe that our ideas are sacred and that for us to think of something, we must be compensated for that thing. This process transcends "property" in the traditional sense and allows for the intellectual idea to be inspiration for others in the hope that the greater good will benefit. Torvalds' idea breaks with the traditional convention of profit, allowing for all who choose to benefit, profit in there own way from his concept.

How does the context of globalization influence each issue?

National Copyright Laws

As it stands, the issue of Intellectual Property varies among various nations around the world, which is why many nations and corporations have been pushing for more universal IP standards. In a global culture in which current technologies allow for the instantaneous dissemination of information, it is difficult for nations to control what is being shared. Some may argue that the United States and Europe have the most stringent IP regulations, but these are difficult to enforce globally when working with nations that have very loose regulations. For a collection of National Copyright Laws, please see the UNESCO Collection of National Copyright Laws and the US Copyright Office.


International Intellectual Property Organizations

Due to varying national IP regulations, various international IP organizations have been formed with the purpose of creating a worldwide system of IP regulation. The following organizations are examples of international IP regulating groups.


World Intellectual Property Organization

The World Intellectual Property Organization(WIPO) was established in 1967 to "promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations" with a system which "rewards creativity, stimulates innovation, and contributes to economic development while safeguarding the public interest".[79] WIPO is a specialized agency of the United Nations and currently has 184 member states.[80] According to the official WIPO website, they work with a "wide spectrum of of stakeholders, including other intergovernmental organizations, non-governmental organizations, representatives of civil society and of industrial groups."[81] WIPO is unique in that the vast majority of its funding comes from the services it provides to the international community.

WIPO has the task of promoting the standardization of Intellectual Property legislation among its member countries. It administers international IP treaties and "administers fee-based services, based on international agreements, which enables users in member countries to file international applications for patents."[82] WIPO has the difficult task of trying to create a balance between protecting property rights and making knowledge more accessible. The conclusions reached through the actions of WIPO have an especially profound effect on developing nations, which can either create a further divide between developed and developing nations or a bridge linking the two.


UNESCO

The United Nations Educational, Scientific, and Cultural Organization (UNESCO) is also a specialized agency of the United Nations and it was founded in 1945, previous to the founding of WIPO. According to the UNESCO website, "UNESCO functions as a laboratory of ideas and a standard-setter to forge universal agreements on emerging ethical issues"[83]. The UN Millenium Goals related to education with which UNESCO is especially engaged are the achievement of universal primary education in all countries by 2015 and the elimintation of gender disparity in primary and secondary education. According to UNESCO´s statement on Public Domain and Intellectual Property, "both the protection of creativity and preservation of creative products and the promotion of a wide access to culture, knowledge and information are considered by UNESCO as indispensable strategies to improve ´the free flow of ideas by word and image"[84].


World Trade Organization

The World Trade Organization (WTO) has a specific council dedicated to issues related to IP entitled TRIPS, or Trade-Related Aspects of Intellectual Property Rights. According to the WTO website, "the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), negotiated in the 1986-94 Uruguay Round, introduced intellectual property rules into the multilateral trading system for the first time"[85]. Due to the tension created by international trade and varying IP laws, the TRIPS agreement was established as an attempt to normalize IP regulations among countries in relation to trade. The TRIPS agreement covers five broad areas: "how basic principles of the trading system and other international intellectual property agreements should be applied, how to give adequate protection to intellectual property rights, how countries should enforce those rights adequately in their own territories, how to settle disputes on intellectual property between members of the WTO, and special transitional arrangements during the period when the new system is being introduced"[86].

National Access

One major issue in the realm of intellectual property rights in regard to education is the divide created between developing and developed (as some refer to as North/South) nations and respective access to knowledge. Some argue that by creating more stringent intellectual property regulations, major disadvantages emerge for developing nations as they have less resources to afford purchasing or building upon inventions/ computer software/ educational resources/ music/ films, etc... Referring to educational resources, many believe that resources used in not-for-profit classrooms for the purpose of educating students should be freely available. As education is the foundation for development within a country, denying students knowledge (regardless of location) in turn leads to further generations to expand the gap between developed and developing nations.

An argument has been formed about the structure of intellectual property standards (to which the World Intellectual Property Organization (WIPO) has strong influence) and whether the laws solely represent the interests of the most powerful countries. Peter Drahos, in his paper entitled Developing Countries and International Intellectual Property Standard-setting, claims that developing nations have little influence over IP standards due to "webs of coercion by the US and EU, both of which remain united on the need for strong global standards of intellectual property protection"[87]. Drahos goes on to state that traditionally the movement of intellectual property standards from developed countries into developing countries has stemmed from the processes of colonization and empire-building[88]. More recently, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations held by the WIPO did not fully represent the needs of developing nations, but instead was created in favor of developed nations/regions, namely the US, Europe, Japan, and Canada, he claims. By creating IP standards which favor developed nations, the practices become harmful to those countries which need to advance their citizens through improved education systems and new technologies.

Please see the comments regarding energy technology and Intellectual Property from US Secretary of Energy, Paul Chu.


Global Access to Knowledge Campaign (A2K)

The Global Access to Knowledge Campaign can be described as "a loose collection of civil society groups, governments, and individuals converging on the idea that access to knowledge should be linked to fundamental principles of justice, freedom, and economic development." [89] The A2K movement generally promotes the idea that open access to information benefits the greater population, especially those in developing countries, while recognizing the principle that some intellectual property must be copyrighted. According to the draft of the Treaty on Access to Knowledge created in May 2005, the objective of the A2K movement is "to protect and enhance [expand] access to knowledge, and to facilitate the transfer of technology to developing countries."[90] One of the main arguments given by the group is that the needs and means of developing nations should be taken into consideration when negotiating trade, which includes intellectual property. As stated in the above-mentioned treaty, the A2K group contends that "the needs and concerns of the developing countries should be taken into consideration with a view to giving them easier and less costly access to education, science, technology and culture"[91] It is also a believe of the group that certain uses of copyrighted material should null the effect of the copyright itself. Such uses include: "excerpts, selections, and quotations for purposes of explanation and illustration in connection with not-for-profit teaching and scholarship, the use of works for purposes of library or archival preservation, or to migrate content to a new format, [and] the use of works specifically to promote access by persons with impaired sight or hearing, learning disabilities, or other special needs", among others.[92]

The Access to Knowledge Campaign members have been hosting annual international meetings, with the last being held in 2008 in Geneva, Switzerland and hosted by the Yale Law School Information Society Project (ISP). The meeting was attended by 400 scholars from over 40 countries and topics such as how wealth, innovation, individual freedom, and human development are affected by access to knowledge in the global knowledge economy[93] were discussed.

Please see the following comments, regarding developed/developing countries and IP rights, made by the Brazilian government's representative at the Access to Knowledge Conference in 2006.


Transnational Corporations & Their Influence

Transnational Corporations (TNCs) have "the ability to disrupt traditional economies, impose monopolistic practices, and assert a political and economic agenda on a country" [94]. Beyond this, many believe that they not only greatly influence economic policies, but also social and educational policies around the world. Examining TNCs and their use of Intellectual Property rights brings about an interesting issue in the realm of educational policy. Some believe that TNCs, by using their influence on IP laws and the use of IP regulations, have strong effects on educational systems, especially those of developing countries.

One case is made for the growing influence of Microsoft. While Microsoft officials claim that Microsoft "wants only to sell the ´platforms and tools´ of information technology, not educational content"[95], some believe that the intentions of the corporation are a bit different in the realm of higher education. Part of the process that has been occurring at the Microsoft corporation is the aquiring of IP rights and creating software that is "rich in academic content"[96].

In the past years, Microsoft has branched its corporation to go beyond strict computing needs and has been inquiring at universities regarding academic content. It currently has a presence in television news and online political commentary with MSNBC and Slate, respectively. It also has a handle on internet commerce and online travel services with "Money Insider", "Microsoft Investor" and "Expedia". Bill Gates, the founder of Microsoft, also has a privately-owned company entitled Corbis which "holds nonexclusive rights to sell digital images of more than a million ... works belonging to 15 museums and hundreds of private collections"[97]. While university use of digital images is quite fluid at the moment, "professors and librarians worry that corporate players will so influence the direction of the digital-rights business that academics will be priced out"[98]. This is especially important for developing countries, in which most universities would not have the resources to purchase such rights. Also, the issue arises that one corporation which gains ownership of a vast amount of information or resources in a particular area may have an unfair influence over IP regulations regarding the owned materials.

Microsoft has heavily marketed their computer resources to universities in an effort to train upcoming students in their technologies, who will then go on to be Microsoft users in their adult life. For example, Microsoft has offered a program in computer technology instruction for education students entitled "teacher.training@microsoft" which is used at over 370 colleges/universities. The program provides the materials to help students prepare sample lesson plans with their software and tools such as Word, Powerpoint, and Publisher. While professors of such courses have the ability to ignore the use of such resources, it shows the influence of TNCs in the realm of education, which may be on the rise in future generations.

Conclusion

Philosophies on Intellectual Property(IP) rights, laws, and technology are influenced by government relations and regulatory laws which differ from country to country. There is one theory on IP, however, that the U.S. and the European Union agree on, knowledge creates opportunity for competitive markets.[99] Converting this knowledge into legal property through regulation and deregulation laws would prove to be a challenge on providing balanced opportunities for all human kind. Allowing only developed nations from benefiting from the wealth, goods, education, health care, and scientific research that IP provides through technology.

WIPO, an agency of the United Nations, recognizes it is necessary for balanced Intellectual Property protection laws to exist throughout the world for an even dissemination of global wealth. How IP laws are interpreted, which countries or what the social benefits and costs are and to whom, however, are the real problem according to Professor Reichman, Duke University School of Law, at The Federalist Society for Law and Public Policy, 2006 convention, Washintong, DC.[100]

Further concerns expressed at The Federalist Society for Law and Public Policy 2006 convention, such as piracy and counterfeiting, cites Moises Naim and his book Illicit, claiming losses of 600 billion dollars world wide putting constraints on balanced economic developments. Such Counterfeitted and Pirate goods where IP rights are not recognized have been ignored or not viewed as harmful, according to Youtube interview with Moises.

Nick C. Burbules, University of Illinois Professor, describes the rising challenges and opportunities as self educating communities emerge through YouTube, wikis, blogs, and linking in his article Self-Educating Communities: Collaboration and Learning Through the Internet. Burbules explains challenges with online informal education which includes consideration of group dynamics, diversity of skill sets and self learning motivators for positive knowledge outcomes. Philosophies of traditional pedagogy regarding the curriculum, the teacher and the learner must change and Partnership for 21st Century Skills would support this theory promoting creativity for new knowledge in the classroom through collective intelligence and collective imaginations. [101]


Online shared intelligence and technology has posed challenges as well as benefits for special interest communities too. The anonymity created by online education is debated by those who prefer the embodiment experience as stated in Boler's article Hypes, hopes and actualities: new digital Cartesianism and bodies in Cyberspace. Identifying and creating pedagogy philosophies in ubiquitous learning that challenge traditional stereo types otherwise noticeable face to face are concerns, which according to Burbules, would continue to be evident on-line. However, disagreeing with Boler's theory on the need for the embodiment experience as a necessary agent for learning and breaking through stereo types, Professor Burbules rather interprets online education as a space where the "phenomenon of flaming" or bluntness would encourage learning, which would not take place from face to face interactions (p3). Recent comparative teaching and learning studies support online learning as having advantages over face-to-face instruction, according to a new meta-analysis by the U.S. Department of Education. [102]

Finally, Educational Policy Professors and Intellectual Property Lawyers agree that the lack of uneven access to intelligence, innovation, creativity, goods, health, and the discourse available through technology(digital divide)does not always come from the lack of technological equipment, but from the unbalanced Intellectual Property protection laws for all, as well as proper educational policies and practices. Such unbalanced or uneven regulatory laws of Intellectual Property need to address fairness to all human kind when evaluating and creating policies and state laws on IP, as Professor Reichman would conclude at The Federalist Society For Law and Public Policy 2006 National Lawyers Convention in Washington, D.C.[103]

Notes and References

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  2. http://www.wipo.int/about-ip/en/
  3. http://www.wipo.int/about-ip/en/
  4. http://usa.usembassy.de/etexts/econ/eop/2006/2006-10.pdf
  5. http://www.wipo.int/freepublications/en/intproperty/895/wipo_pub_895.pdf
  6. http://www.wipo.int/freepublications/en/intproperty/895/wipo_pub_895.pdf
  7. http://www.wipo.int/freepublications/en/intproperty/895/wipo_pub_895.pdf
  8. http://www.wipo.int/freepublications/en/intproperty/895/wipo_pub_895.pdf
  9. http://www.wipo.int/freepublications/en/intproperty/895/wipo_pub_895.pdf
  10. http://usa.usembassy.de/etexts/econ/eop/2006/2006-10.pdf
  11. http://usa.usembassy.de/etexts/econ/eop/2006/2006-10.pdf
  12. http://www.utexas.edu/law/journals/tlr/abstracts/83/83Lemley.pdf
  13. http://usa.usembassy.de/etexts/econ/eop/2006/2006-10.pdf
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  20. Using blogs to enhance learning-some helpful tips
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  60. http://www.youtube.com/watch?v=yjajtXb1PYQ
  61. http://www.youtube.com/watch?v=yjajtXb1PYQ
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  78. http://en.wikipedia.org/wiki/Linux
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  80. http://www.wipo.int/members/en/
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  82. http://www.wipo.int/about-wipo/en/core_tasks.html
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