Digital piracy
Fall-2018
Professional Practices
National College of Business Administration and Economics
rights of the Individual
• Right to life
• Right to liberty and security
• Right to a fair trial
• No punishment without law
• Right to respect for private life
• Right to freedom of thought, conscience and religion
• Right to freedom of expression
• Right to freedom of assembly and association
• Prohibition of abuse of rights
• Limitations on permitted restrictions of rights
Intellectual Property
Intellectual property (IP) is the name given to legal rights that
protect creative works, inventions and commercial goodwill
(intangible assets of a business).
Intellectual Property Rights (IPR) include;
Copyright
Patents
Trademarks
Design Rights Industrial Designs
Trade Secrets
[Link]
Copyright
A copyright grants the creators of “original works of authorship
in any tangible medium of expression, now known or later
developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a
machine or device, the exclusive right to distribute, display,
perform, or reproduce the work in copies or to prepare derivative
works based upon the work”.
Copyright
Copyright is a legal instrument that provides the creator of a work of art
or literature, or a work that conveys information or ideas, the right to
control how the work is used. The intent of copyright is to advance the
progress of knowledge by giving an author of a work an economic
incentive to create new works.
Literary works which includes Books, Magazines, Journals, Lectures, Dramas,
Novels, Computer programmes /Software and compilation of data etc.
Artistic works like paintings, Maps, photographs, drawings, Charts, Calligraphies,
Sculptures, Architectural Works, Label Designs, Logos, Monograms and other
works alike.
Cinematographic works which includes movies, audio-visual works,
documentaries etc; and
Record works which include sound recordings, musical works etc.
Copyright infringement
Copyright protects the expression of an idea, not the idea itself
To copy a substantial and material part of another’s
copyrighted work, without permission
An idea cannot be copyrighted, but the expression of an idea
can be
To prove infringement, copyright holders must show a striking
resemblance between the original software and the new
software that could be explained only by copying
Plagiarism
Plagiarism means passing somebody else’s work out
as one’s own (in order to get the credit for it).
Plagiarism is different from copyright violation, since
the plagiarized material may, for instance, have been
in the public domain.
Patents
A patent is grant of exclusive rights for an invention to make,
use and sell the invention for a limited period of 20 years.
The patent grant excludes others from making, using, or
selling the invention. Patent protection does not start until the
actual grant of a patent.
Patentable Inventions
In order to be patentable an invention should have the following
characteristics;
The invention should be process or product
The invention should be novel or new
It involves an inventive step
It is capable of industrial application
Whereas a “process” means any art, process or method or manner of
new manufacture of a product and a “product” means any substance,
article, apparatus, or machine.
Computer Fraud
Entry of an Unauthorized Instruction (Input Fraud)
Alteration of Input Data (Data Fraud)
Modification
Suppression of Data (Output Fraud)
Fabrication
Program Fraud
Fraud by false representation
E.g. ‘phishing’ obtaining information such asbank account details by
sending email (or SMS) purporting to be from that person’s bank
E.g. ‘pharming’ (directing traffic from genuine website to bogus one)
Fraud by abuse of position
Employee
Forgery and Counterfeiting
Forgery is the process of making, adapting, or imitating objects,
statistics, or documents with the intent to deceive for the sake of
altering the public perception, or to earn profit by selling the
forged item.
Counterfeit products are fake replicas of the real product.
Counterfeit products are often produced with the intent to take
advantage of the superior value of the imitated product.
Counterfeiting
A type of software piracy that occurs when fake copies of software are
produced in such a way that they appear to be authentic.
Counterfeit software would include the illegal copying and distribution of
commercial software on CD or DVD along with any accompanying
manuals that the original legitimate software was sold with.
Counterfeit software is commonly produced using a CD burner to copy the
software and photocopies are made of the manual. Counterfeit software is
usually sold at prices well below that of the retail price of the legitimate
software.
Cybersquatting
Cybersquatting (also known as domain squatting),
Registering, trafficking in, or using an internet domain name with bad
faith intent to profit from the goodwill of a trademark belonging to
someone else.
Trade Secret
• Business information
• Represents something of economic value
• Requires an effort or cost to develop
• Some degree of uniqueness or novelty
• Generally unknown to the public
• Kept confidential
