Detailed Review Outline - Law and Ethics

I-A. Intellectual Property -- Specific factual IP Questions

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1. What is intellectual property, and why do we protect it?
   • An intangible form of property that is protected by a system of laws such as patents, copyrights, trademarks, and trade secrets, through which authors and inventors are given ownership rights over their creative works
2. What does society gain from intellectual property laws’ existence?
   • 　　Having intellectual property laws protects individual ideas andpromotes creativity.
3. What trade-offs are made by the inventors/creators to obtain protection?
• 　　For patents, a pre-approval needs to be done. Copyrights and patents alsoexpire
• 　　As a result, inventors can sell their inventions at a price greater than marginal cost.

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  Understand the four types of intellectual property protection, including

　　(a) how they are obtained;

　　(b) what requirements are necessary;

　　(c) how they are "infringed;"

　　(d) howlong they last; and

　　(e) how they may end or belost:

a.          Patent (Why is it considered the strongest form of IP protection? What is it designed to do? Understand what happened and the role of patents in Polaroidv. Kodak.)

1.       Gives the owner of the patent control over who can make,sell, and use the invention outlined in thepatent.

 2.       Cannot be two patents for the same idea, it will beunique.

vii.   What is it designed todo?

1.       Protect utilitarian or functional devices orprocesses.

i.      Understand what happened and the role of patents in Polaroid v.Kodak.

　　 　1.       Polaroid accuses Kodak of using their instantphotography process.

       a.       It was actually different in severalways.

2.   Polaroid claimed Kodak cost them $12billion

a.       Eventually paid out $909 million which is thesecond highest settlement ever paidout.

3.       Case took 14years.

4.       Found Kodak guilty of 7/12 patentinfringements

5.       The most important/influential part of this case is that Polaroidwas able to secure andinjunction.

a.       This was despite the fact that many Americans hadbought theproduct.

b.       Also surprising since at the time Kodak was ahuge company and Polaroid was comparatively tiny.

      6.       This case marked the beginning of a more patent-friendly court system.

 　　　　  a.       Earlier in the 20th century patents were frequentlyrejected to encourage competition to create new tech (phonesetc.)

1. = b.Trademark (In addition to being the oldest form of IP, what makes trademarks unique among IP protection? Who do they protect and what are they intended to do?)
   1. 　　Any distinct mark or name can be registered as a trademark.
      • 　　Requirements:
        • 　　1. It should be mark or symbol.
        • 　　2. Should be distinct.
        • 　　3. It should identify product, company or services etc.
        • 　　4. Protects both consumers and producers.
   2. Creating counterfeit products using trademarks leads to infringement of the trademarks.
   3. They last forever.
   4. Trademark is unique because it protects both owner and the consumer from fraud.
   5. The main goal of the Trademark is to identify the product or company or the service. You are not allowed to copy it because it can cause confusion.

c.  Trade Secret (Is it granted by the government? Do you disclose it? Does itprotect someone else from discovering itindependently?)

1. They are protected by the government without a need for registration.
2. They also do not need to disclose it.
3. If someone were to discover it independently, they would be free to use it.
4. Trade secret is infringed when it is used without consent or knowledge of it was acquired through accident.
5. Trade secrets can potentially last forever.

　　　 d.Copyright (See questions below)

3.How does each form of IP serve to protect intellectual property? Why are some better than others in various situations?

<1>Patent- Protects Inventions.

Copyright- Protect original work.

Trademark- protects both company and consumer from fraud.

Trade secrets- helps protect secrets used in trade to get flourishing business.

<2>It depends on the way you want to use your invention. Some IP (Patents) are strongly protected under law than others (Copyright) but have limited time to expiration. Ex: a Patent cannot become a trade Secret because after 20 years anyone can use it. A Trade Secret cannot be a secret if easily discoverable. A copyrightable stuff can be copied under fair use. Etc. If the product or invention is non-functional, you cannot patent it. 

4.What are the five exclusive rights enjoyed by copyright holders?

Right to make derivative work

5.Why must a potential copyright infringer have been exposed to the copyrighted work to be held liable?  (And does the infringer have to remember being exposed?) 为什么一个潜在的版权侵权者必须暴露在受版权保护的作品中才能被追究法律责任?(侵权者必须记得被曝光吗?)

a.        Because it‘s entirely likely that multiple people come up with the sameidea.

b.       No, the infringer does not have to remember being exposed. If they were exposed, they were exposed. Intent does not matter, and they may haveinfringed oncopyright.

6.What is "Fair Use?"  Know and understand the four factors of fair use stated in Sec. 107 of the Copyright Act, including how to use them to analyze whether a specific use should be considered "fair." What does it mean if your use is "fair?"

　　a.Fair use is applicable only to copyright. In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, educational purpose, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement. No all educational uses are fair use.

　　  b.The four factors that are used to analyze a fair use are:

　　　　　　1.How much proportion of the copyright work is used?

　　　　　　2. Purpose of the use.   (e.g., commercial,nonprofit)

　　　　　　3. Potential market affects.

　　　　　    4. Natural of the Copyright work

　　　　　　　　(Ex: Potato poem: If it is educational then yes fair use, but if creative and nothing to do with education then No fair use).

　　　　　　　 （degree to which use ofcopyrighted work relates to copyright‘s purpose of encouraging creativeexpression 版权作品的使用与版权鼓励创造性表达的目的之间的关系）

　　  c.The court will look at context (totality of the circumstances test is applied even if the one factor of the fair use goes other way). Totality of the circumstances test is hard to apply and depends of each jurisdiction. 

7.Do the "fair use" and "independent creation" defenses apply to Patent infringement cases?  

----(No!)

----Patents are much more specific

------- Fair use directly corresponds to copyright and not theother intellectual propertyprotections.

8.What is the "first sale doctrine?"  What rights does it give the legitimate owner of a copyrighted work?

　　a.        Once an original, protected work is sold for the first time, the ownerloses protectionrights.

　　   b.        Provides that an individual who knowingly purchases a copy of acopyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

9.How is trademark protection historically and substantively different than any other form of intellectual property protection. (Hint: Whom does it protect?  The owner, yes, but who else?) How are trademarks relevant to domain names and cybersquatting? 

　　a.        It‘s a concept that has existed since the dark ages and it protects theconsumer, as opposed to just the manufacturer (i.e., protects consumer frombuying lesser-quality imitations)

　　b.       Domain names can be slightly different or worse purposely misleading if theyare not trademarked, for instance, WhiteHouse.gov is a government site. Whitehouse.com is, or was, a pornographysite.

10.What is "trademark dilution?" How does it occur? Is it irreversible?

1.The use of a mark or trade name in commerce sufficiently similar to a famous mark that by association it reduces, or is likely to reduce, the public‘s perception that the famous mark signifies something unique, singular or particular.

2.Occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name

3.No, it is reversible.

4.It happens when someone else start associating their product with trademark product to gain sale. This will create confusing and people start thinking that there is no difference between ex: Coke and Pepsi. No, the company with ownership of correct trademark can sue the other company that is diluting it and court can shut down other business. 

11.What does it mean if a patented invention or copyrighted work is in the "public domain?"

It means that other public have access to the patent and copyrighted work. They can use it without permission from the inventor or the author. 

12.What is the significance of "patent pending" on a product or advertisement?

If you have patent pending than other companies may not try to file same patent. You can start advertising your product and services while your patent is pending. This will help you create your monopoly when patent is granted. Even if the patent is denied, you will have name in the market. 

 13.Sony v. Universal City Studios:  Understand why this is an extremely important case in copyright law.  Know what happened in this case, including the background issues, the specific legal reasoning for the final outcome, details of the testimony supporting each side, and some of the "unspoken" reasons for the court‘s decision.  Be prepared to discuss the specific arguments and counter-arguments offered by each side.  How did Copyright and the Fair Use Doctrine apply to the case?  What is its impact on copyrighted music/videos/software today?

iv.            Worth mentioning that Mr Rogers, the most televised man ever at the time, testified in favor of Sony, likely influencing the outcome of thecase.

114.What was the Campbell v. Acuff-Rose Music case about? Explain its general facts and the ruling of

   the court.  What does it mean for a use to be "transformative" as opposed to "derivative?"  What role

   did market impact play?

115.What happened in the A. & M. Records v. Napster case? What were the primary reasons for the

　　 court‘s final decision?  What aspects were borrowed from patent law?  How did this ruling impact

　　 the legality of uploading/downloading copyright-protected music and videos?

116.What happened in the MGM v. Grokster case? What were the primary reasons for the court‘s final

　　decision?  In what way did it soften the precedential impact of Napster? In what way did it make

　　that impact more pronounced? 

117.What is "time shifting?" What is "space shifting?" What is "vicarious liability?" What is "contributory

　　 infringement?" Understand the differences among these terms and how they wre significant

　　 to Sony, Napster and Grokster.

118.How do the above four cases (Sony, Campbell, Napster and Grokster) help define the meaning of

　　"Fair Use?"

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119.Be able to apply the four-part test of "Fair Use" in light of the above cases clarifying it. Understand

　　 the "totality of the circumstances" test (a/k/a the "cake test") in applying the fair use factors.

   20. For each of the above cases, be prepared to discuss the basic facts, the court‘s ruling, and the

　　 major issues in the case.    

　　I-B. Int. Prop. -- Hypothetical / Essay Questions <These are meant to provide you examples of

　　potential final exam essay questions>

1. Mark has drawn a picture of Pam. What three elements must his drawing satisfy for Mark to have copyright protection for his drawing? Assuming his drawing meets the requirements, when does the copyright protection begin? When does it end? What if Pam’s company hired Mark to make the drawing – who holds the copyright, and how long does it last?
2. Assuming that Mark is the copyright holder with respect to his drawing of Pam, what specific rights does he have?
3. If Mark gives the drawing to Pam, what rights does she have? Who can make copies?
4. How can Pam make copies of the drawing, if Mark does not give her permission? What situations would allow her to do so? Give an example, and explain how that example meets the requirements of the statute.
5. Assume that Mark writes a new software program that works in a brand-new, even revolutionary, way. He tells you "I want to copyright this program." What do you tell him? Can he? Why or why not?
6. Pam has invented a cold-fusion machine. It’s about the size of a stand-alone photocopier. When you pour in three gallons of plain tap water, the machine produces (at zero cost) 5,000 kilowatt-hours of electricity. Which form of intellectual property should Pam use to protect her invention? What are the requirements of that type of protection? Does her machine qualify? How long will that protection last, and when does it begin? What about the algorithm she wrote to control the machine; is the algorithm protectable? Why or why not?
7. Pam calls her machine the "Fusotron" power generator. She doesn’t want anyone else to be able to use that name. What type of intellectual property protection would help her out? What does she need to do to get that protection? How long will it last?
8. Suppose Pam decides not to share her machine with the rest of the world. Instead, she intends to keep the machine for herself and only sell the electricity. But she wants to keep her employees from sharing the secrets of her machines with anyone else. Is there a form of intellectual property protection that she can use to do so? What are the requirements for maintaining that type of protection? How long does it last?

II. Free Speech:  {This includes both textbook material (esp. Ch. 9) and Redbook case material.  You may also want to review my summary slide on Blackboard.}

1. What is free speech? What is its opposite? (Censorship) Do we have a right to free speech in America? Says who (or what)? What does it mean? What effects has it had on society?
2. Why did the framers of the Constitution believe that free speech was so important?
3. Whom does the First Amendment govern? (The government!) Is there anyone who can censor? Who?
4. What does the First Amendment actually say?  Is this what it really means?  (This is a trick question ... it depends who you ask!  But what does the Supreme Court say?)
5. What are the different tiers of free speech?  To what do they refer, and how do they work?
6. Be aware that there are exceptions to free speech: obscenity, actual child pornography, certain criminal conduct that happens to have a speech component, defamation, speech presenting a clear and present danger of great harm, and certain national security issues (e.g., publishing the location and movement of troops in wartime).
7. What’s the difference between "actual child pornography," "virtual child pornography," and "youthful adult pornography"? How are they relevant to free speech? Are they treated the same way, or differently? What are their implications for the computer profession?
8. What special issues does cyberspace raise regarding free speech? How does cyberspace affect jurisdiction and community standards?
9. What happened with the Communications Decency Act (CDA), the Child On-Line Pornography Act (COPA), the Child Pornography Protection Act (CPPA) and the Child Internet Protection Act (CIPA)? What were they supposed to do? Did they succeed? Why or why not?  How is the Child Online Privacy Protection Act (COPPA) different?  What is it designed to do?
10. Why do objectors to filtering software claim that it is both overbroad and underinclusive? How did this issue impact the CIPA?
11. What is prior restraint? What type of standard must be satisfied to impose it?  (Hint: it‘s even harder than the criminal standard "beyond a reasonable doubt.")  What are its constitutional implications? Give an example of how prior restraint of a website would work, and what legally is supposed to happen instead.
12. Describe what Brandenburg v. Ohio was about. Who was involved and what happened?  How did the court rule? What important statement does this make to us about free speech? (Hint: what is the "clear and present danger" standard?)
13. Ashcroft v. Free Speech Coalition:  What was this case about?   What distinctions does the court make about forms of protected speech? How did the court rule and what implications does this ruling have today?  How does this case represent a substantial shift in the way child pornography is now viewed by the courts?
14. U.S. v. Williams: Who brought this case, and why?  What were the primary issues and arguments in the case?  How did the court "thread the needle" between the issues of free speech and protecting children?  Do you agree with the ruling?  Do the specific circumstances of the case have anything to do with how the court interpreted the law?  (Hint: what is the primary purpose of the PROTECT Act?)  What is the PROTECT Act and how does it differ from the CDA and the CPPA? What difference did this make in the results of the case?)  How did this case serve to expand, limit, or clarify the ruling of Ashcroft v. Free Speech Coalition?  Explain whether you think the decision in Williams is consistent with that of Ashcroft?  What implications do these rulings have today?
15. Pentagon Papers case:  You should understand the background and context of this case, as well the primary issues and arguments. What was this case about?  Why is this case unusual? What is the difference between a plurality and a majority?  How did the various justices view the issues, and how did their views of separation of powers affect their opinions?  (You should have at least a modest grasp of each justice‘s opinion, including their names, and a more in-depth comprehension of at least three or four of the justices‘ outlooks.) What important concern about reading cases in general was exemplified by the case? (Hint: Is the majority view the only one that is significant?  What significance does each opinion have?)  What conclusions can we draw from this case about our constitutional right to free speech?  What does the case tell you about prior restraint?
16. Why is it important to read the dissenting views in a case? How is the Pentagon Papers a particularly good example of this?  (Hint: what information is provided in the dissent that is not included in the majority opinion?) 
17. Commonwealth v. Jeremy Jaynes:  What did Jeremy Jaynes do, and what happened to him in the lower court?  On what grounds did he appeal, and how did the court respond?   You will be expected to know the various issues from Jeremy Jaynes, esp. those relating directly to the court’s analysis of free speech, including how the court ruled on each of the five issues.  Be sure you also understand how anonymity was significant, why jurisdiction was an issue, why the law was determined to be overbroad, whether Jaynes’ actions were also viewed as trespass, and why the court refused to allow a narrowing construction to save the statute.

|||. Basic Law and Ethics:

1. Understand how law and ethics interrelate. How do they differ? (Does law come from ethics? Do ethics come from law? Think about whether either or both of these make sense.)
2. What is the difference between statutory law and case law? Where does each come from? 
3. What is "precedent" in connection with law? When must a judge follow "precedent?" What will happen if s/he does not?
4. Understand the various court systems we have discussed, and which precedent will be considered binding on a Virginia court.
5. Understand the various parts of a legal case (facts, opinion, ruling) and the case terminology discussed in class (affirm, reverse, remand, concur, uphold, dissent, majority, plurality, etc.)
6. What is a "preliminary injunction" and a "permanent injunction"? 
7. What is the difference between civil and criminal law?  Can a cause of action be both?  (Yes!  For example, "assault and battery.")  Can a statute be used for both?  (Yes!  For example, the CFAA!)
8. What information is important to include in a case legal citation? (Parties in the case, name of court, year case was decided, and preferably reporter name, volume # and page #)
9. What is shepardization? Why is it important?  How is it useful?  What problems might be caused by failing to do it?
10. Why is the Constitution considered the "Supreme law of the land?" How does this work in actual cases?
11. What if the U.S. Supreme Court thinks a proposed law will be unconstitutional? Can they just tell Congress not to pass it? Why or why not?
12. How does the concept of "separation of powers" play out in creating, enforcing and interpreting law?  What does it mean to say that the courts have "an eraser but not a pencil"?
13. What is the difference between federal law and state law? How does each relate to the other? Can you appeal from state court to federal court? (Not usually!)
14. What is a "discussion stopper," and how does it interfere with a debate about whether something is ethical or not? Understand and be prepared to name and discuss the four "discussion stoppers" discussed in class and on Pg. 51 (or thereabouts, depending on the edition) of your textbook.
15. How is a judge‘s opinion different from that of an average person‘s? (A judicial opinion is LAW! )

IV.Philosophical Ethics:  {Review summary on Blackboard slide}

1. What is Relativistic ethics? Be prepared to explain subjective relativism and cultural relativism, and their major flaws as ethical theories.
2. What is the Divine Command Theory? Is it usable? Does it make a difference as to what setting you are in?
3. Explain the principles of (Rule) Deontology. Remember what it is based on (duty) and how intent and actions are important, while consequences are not.
4. Be prepared to explain and apply the two parts of Kant‘s Categorical Imperative to determine an appropriate deontological response to a specific situation.
5. Explain the principles of Utilitarianism. (All consequences, all the time! But is this the same as saying "the majority rules" ?? No!)
6. How does Act Utilitarianism differ from Rule Utilitarianism? You should be able to clearly explain the distinctions, as well as the pros and cons of each variety.
7. Be able to use either Act Utilitarianism or Rule Utilitarianism to analyze a specific situation. (Remember that all parties should be considered, benefits and detriments examined and weighed.)
8. What is Social Contract Theory? Why is it the closest theory to suggesting that simply "following the law" is what is ethical? Why is this simplistic suggestion not fully explanatory of the theory? (Hint: under what circumstances might a social contract theorist *not* follow the law, yet stay consistent with this theory?)
9. Be able to use Social Contract Theory to analyze a specific situation.
10. What is Virtue Ethics? How is Virtue Ethics fundamentally different in its approach from all other theories we have discussed?
11. Be prepared to analyze a situation using Virtue Ethics. (Remember that the analysis is about what action(s) would serve to improve your virtuous character, NOT trying to determine what actions a virtuous person would take.)
12. Consider the strengths and weaknesses of each philosophical approach in Q. 1 - 11. Be prepared to discuss the various facets of each theory, including their ease of use, likelihood of reaching an appropriate conclusion, cost, and whether following them might result in "unjust" or "unethical" results in certain circumstances.
13. State an ethics dilemma, and explain how an ethicist of each type would resolve the dilemma. What result(s) would they achieve? Would they all arrive at the same result? Why or why not?
14. Based on current self-reflection, which theory comes closest to your own approach to ethical decision-making? Why?

V.Privacy / Security / Computer Crime

• What is privacy?  Where does it come from?  Does personal privacy matter?  (Why or why not?)
• Do we have a Constitutional right to privacy? What is the "penumbral" right to privacy? Where does it come from? Explain.
• Understand In re Bodil Lindqvist (the "Swedish churchlady" case) thoroughly, including each question discussed by the EU court and how each question was resolved. What is "processing wholly or partially by automatic means?" Why does this matter?  
• Compare and contrast the American approach regarding privacy protection to that of the European Union. Which do you prefer? Why?
• Understand the above questions for the Jeremy Jaynes case and how it impacts privacy, computer crime, and free speech.  
• What is a logical argument (as used in this class)? What form must it take?  (Use our in-class "three statement" definition, please.)
• Why is it useful to phrase things using logical reasoning? What advantage(s) does separating validity and soundness provide?
• Define a valid argument, a sound argument, an inductive argument, and a fallacious argument. Give an example of each.
• Be able to determine whether an argument is valid, invalid, sound and unsound.  Be prepared to explain why an argument is or is not valid/sound.
• What is a fallacy? Why don’t we like using them?
• Be able to define, recognize, name, and explain the problems and/or provide an example of an argument demonstrating the following subset of the fallacies presented in your textbook:

• • ad hominem (attacking the person rather than the substance of the argument)

• appeal to authority (inverse of ad hominem)
• slippery slope (incremental assumptions)
• "false cause" (post hoc, ergo propter hoc)
• begging the question (circular reasoning)
• fallacies of composition/division  (characteristics of a whole = characteristics of each part)
• fallacy of common characteristics (Prof. Maddox‘s name for the odd textbook example for the fallacy of ambiguity: "If two things share a characteristic, they must be the same")
• fallacy of ambiguity (different meanings for same term)
• appeal to the people (argumentum ad populum).
• "many/any" fallacy (a characteristic common to many = common to any particular one)
• virtuality fallacy (matters pertaining to the "virtual" world aren‘t significant)

VII.  Software Liability/Reliability/Accountability <primarily from Chapter 4 of your Textbook>:

1. What is a "safety critical" system?  Why is it significant?  How does this impact appropriate level of safeguards for software developers?
2. What is whistle-blowing?  Why is it protected?
3. What is the Therac-25?  What was it for?  What went wrong with it?  (Be aware of the many tangential problems in addition to the specific technical ones.)
4. What happened to the Space Shuttle Challenger? Could it have been avoided? How?  (Hint: this was a *failure* to whistle-blow!)
5. What was the Denver Airport baggage handling fiasco?
6. What happened with the Ford Pinto?  Could it have been avoided?  How?  Was Ford‘s decision unethical, or simply good business?
7. Explain the differences between strict liability and negligence as legal standards.  
8. Explain the difference between liability and accountability.

-               Having intellectual property laws protects individual ideas andpromotes creativity.

Detailed Review Outline - Law and Ethics

原文：https://www.cnblogs.com/JasperZhao/p/13225030.html