Lecture 4 - Freedom of Expression and Intellectual Property

Freedom of Expression
Intellectual Property
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Freedom of Expression
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Defamation
• The right to freedom of expression is restricted when the

expressions, whether spoken or written, are untrue and
cause harm to another person.
• Defamation: A statement of alleged fact that is false and
that harms another person
• Slander: An oral defamatory statement
• Libel: A written defamatory statement
© 2019 Cengage. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or 3
otherwise on a password-protected website for classroom use.
Online Libel
• As provided in Section 4(c)(4) of R.A. 10175, online libel

is “[t]he unlawful or prohibited acts of libel as defined in
Article 355 of the Revised Penal Code, as amended,
committed through a computer system or any other
similar means which may be devised in the future.” The
crime is simply called “libel” under R.A. 10175.
Online Libel
• To distinguish it from libel committed by traditional

means, it is properly called “online libel” (although it is
sometimes referred to as cyber-libel, internet libel, or
electronic libel). Online libel was challenged as
unconstitutional. The Supreme Court, however,
concluded that online libel under R.A. 10175 is valid and
not unconstitutional, with the proviso that online libel
does not cover those who simply receive the post and
react to it (those who pressed Like, Comment and
Share).
Online Libel
• However, if the “Comment” does not merely react to the

original posting but creates an altogether new
defamatory story, then that should be considered an
original posting published on the internet.
Freedom of Expression: Key Issues
Controlling access to Internet censorship

information on the Internet
John Doe lawsuits Anonymity on the
Internet
Pornography on the Hate speech
Internet
Fake news
Controlling Access to Information on the Internet, Part 2
• Internet filter: Software that blocks access to certain

websites that contain material deemed inappropriate
or offensive
• Uses a combination of URL, keyword, and dynamic
content filtering
Internet Censorship, Part 1
• Internet censorship: The control or suppression of

the publishing or accessing of information online
• Speech on the Internet requires a series of
intermediaries to reach its audience with each
intermediary vulnerable to some degree of pressure
from those who want to silence the speech.
• Internet censorship takes a variety of forms:

• Limiting access to certain websites
• Allowing access to only some content or to modified
content at certain websites
• Rejecting the use of certain keywords in online searches
• Tracking the Internet activities of individuals
• Jailing individuals for their Internet use
• Deregistering a domain that hosts content deemed
inappropriate or illegal
Hate Speech
• Hate speech: Persistent or malicious harassment aimed
at a specific person
• Most ISPs reserve the right to remove content that does
not meet their standards
• Public schools and universities must follow the First
Amendment’s prohibition against speech restrictions.
• Corporations and private schools/universities may
prohibit employees and students from engaging in
offensive speech using corporate- or school-owned
computers, networks, or email services.
Pornography on the Internet, Part 1
• Key question in deciding what Internet material is

obscene is: “Whose community standards are used?”
• Currently, no clear judicial agreement on whether local or
national community standards are to be used to judge
obscenity
• Companies must take reasonable steps to prevent
pornography in the workplace
• Establish and communicate an AUP that prohibits access to
pornography sites
• Identify and take disciplinary action against those who
violate the policy
Pornography on the Internet, Part 2
• Possession of child pornography is a federal offense

punishable by up to five years in prison
• Some states require computer technicians who discover
child pornography on clients’ computers to report it to law
enforcement officials
• Sexting: Sending sexual messages, nude, or seminude
photos, or sexually explicit videos over a cell phone
• Sexters may face prosecution for child pornography
Fake News, Part 1
• Journalism, including the ways in which people get their
news, is going through a period of rapid change.
• The proliferation of online sources of information and
opinion means that the Internet is full of “news”
accounts that are, in fact, highly opinionated,
fictionalized, or satirical accounts of current events
presented in journalistic style.
Fake News, Part 2
• Nontraditional sources of news and information:
• Blogs—Some bloggers report on things about which they
are very passionate. As a result, they may be less likely to
remain unbiased.
• Fake news sites—Some sites modify real news stories to
entice viewers to click on them. Others create entirely
fictitious “news” stories and present them as fact.
• Social media sites—Because reports, images, opinions, and
videos shared via social media often spread like wildfire,
they can sometimes cause confusion, misunderstanding,
and controversy, rather than bringing clarity to a situation.
Fake News, Part 3
• SPREADING FAKE NEWS IS A CRIME
• Republic Act No. 11469 Section 6 (F) penalizes those:
• Individuals or group creating, perpetrating, or spreading
false information regarding the COVID-19 crisis on social
media and other platforms, such as information having
no valid or beneficial effect on the population, and are
clearly geared to promote chaos, panic, anarchy, fear, or
confusion; and those participating in cyber incidents that
make use or take advantage of the current crisis
situation to prey on the public through scams, phishing,
fraudulent emails, or other similar acts.
Manager’s Checklist For Handling Freedom of Expression
Issues in the Workplace, Part 1
QUESTION YES NO
• Do you have a written data privacy policy that is followed?
• Does your corporate IT usage policy discuss the need to
conserve corporate network capacity, avoid legal liability,
and improve worker productivity by limiting the
nonbusiness use of information resources?
• Did the developers of your policy consider the need to limit
employee access to nonbusiness-related websites (e.g.,
Internet filters, firewall configurations, or the use of an ISP
that blocks access to such sites)?
• Does your corporate IT usage policy discuss the
inappropriate use of anonymous remailers?
• Has your corporate firewall been set to detect the use of
anonymous remailers?
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Manager’s Checklist For Handling Freedom of Expression
Issues in the Workplace, Part 2
QUESTION YES NO
• Has your company (in cooperation with legal counsel)
formed a policy on the use of John Doe lawsuits to identify
the authors of libelous, anonymous email?
• Does your corporate IT usage policy make it clear that
defamation and hate speech have no place in the business
setting?
• Does your corporate IT usage policy prohibit the viewing and
sending of pornography?
• Does your corporate acceptable use policy communicate
that employee email is regularly monitored for defamatory,
hateful, and pornographic material?
• Does your corporate IT usage policy tell employees what to
do if they receive hate mail or pornography?
Intellectual Property
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What is Intellectual Property?
• Intellectual property: Describes works of the mind that
are distinct and owned or created by a single person or
group
• Art and music
• Books and film
• Formulas, inventions and processes
• Intellectual property is protected through:
• Copyright
• Patent
• Trade secret laws
• Owners control and receive compensation for the use of
their intellectual property
Copyright, Part 1
• Copyright: The exclusive right to distribute, display,
perform, or reproduce an original work in copies, or to
prepare derivative works based on the work
• Copyright infringement: A violation of the rights secured
by the owner of a copyright
• Copyright law guarantees developers the rights to their
works for a certain amount of time.
• Since 1960, the term of copyright has been extended 11
times; new works are protected for the life of the author plus
70 years.
Copyright, Part 2
• Fair use doctrine: Allows portions of copyrighted
materials to be used without permission
• Court decisions regarding fair use are based on four factors:
-Purpose and character of the use
-Nature of the copyrighted work
-The portion of the work used in relation to the whole
-Effect of the use on the value of the copyrighted work
• Software copyright protection
• Proving infringement requires showing striking
resemblance that could be explained only by copying
Copyright, Part 3
• General Agreement on Tariffs and Trade (GATT)
• Multilateral agreement governing international trade
• Established the World Trade Organization (WTO)
• Despite GATT, copyright protection varies greatly from country
to country
Copyright, Part 4
• Republic Act No. 8293
• This Act shall be known as the “Intellectual Property Code of the
Philippines.”
-SECTION 4. Definitions. - 4.1. The term “intellectual property rights”
consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).
RA 9502, 10055, and 10372 – An Act Amending Certain
Provisions Of Republic Act No. 8293.
Copyright, Part 5
• Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS)
•Established minimum levels of protection that each
government must provide to the intellectual property of
all WTO members
• The World Intellectual Property Organization Copyright
Treaty (1996):
•Encourages the use of intellectual property as a means
to stimulate innovation and creativity
•Ensures that computer programs are protected as literary
works; also protects the arrangement and selection of
material in databases
Copyright, Part 6
Form of Intellectual
Property Key Terms of the WTO TRIPS Agreement
Copyright • Computer programs are protected as literary works.
• Authors of computer programs and producers of
sound recordings have the right to prohibit the
commercial rental of their works to the public.
Patent • Patent protection is available for any invention,
whether a product or process.
• Discrimination is not allowed based on the place of
invention.
Trade secret • Trade secrets must be protected against breach of
confidence and other acts that are contrary to
honest commercial practices.
Patents, Part 1
• Patent: A grant of a property right issued by the U.S. Patent
and Trademark Office (USPTO) to an inventor
• Permits its owner to exclude the public from making,
using, or selling a protected invention
• Prevents independent creation as well as copying
• Before granting a patent, the USPTO searches the prior art (the
existing body of knowledge available to a person of ordinary skill
in the art, including existing patents and published material).
• The following cannot be patented
• Abstract ideas
• Laws of nature
• Natural phenomenon
Patents, Part 2
• Patent infringement: Unauthorized use of another’s
patent
• Courts can award up to three times the amount of damages
claimed by the patent holder if infringement is found
Patents, Part 3
• Software patent: Protects a feature, function, or process
embodied in instructions executed on a computer
• In recent years, the courts have become more restrictive
in granting software patents.
• Cross-licensing agreements
• Each party agrees not to sue the other over patent
infringements
• Typically involves large software companies
• Small businesses, therefore, often must pay additional
costs.
• Small businesses are also generally unsuccessful in
enforcing their patents against larger companies.
Trade Secrets, Part 1
• Trade secret: Business information that has the following
qualities:
• Represents something of economic value
• Required effort or cost to develop
• Has some degree of uniqueness or novelty
• Is generally unknown to the public
• Is kept confidential
• Trade secret law protects only against the
misappropriation of trade secrets.
• Trade secret laws protect more technology worldwide
than patent laws do.
• Key advantages:
• No time limitations on the protection of trade secrets
• No need to file an application, make disclosures to any
person or agency, or disclose a trade secret to outsiders to
gain protection
• Trade secrets cannot be ruled invalid by the courts
• Trade secret laws vary greatly from country to country.
• While there is no independent trade secret law in the Philippines, trade
secrets can be protected under Article 40(e) of RA 7394 or the
Consumer Protection Act and Article 292 of the Revised Penal Code.
• However, given the lack of provisions for legal protection of trade
secrets, SMEs should take practical steps to protect trade secrets; this
includes inserting confidentiality provisions into employee contracts,
who come into contact with SME’s secret recipes or production
methods; internally restricting access to sensitive information and
ensuring that confidential information is revealed on a need-to-know
basis only and under Non-Disclosure Agreements or relevant clauses.
• These measures would help SMEs to still achieve sufficient protection
for their trade secrets.
• Employees are the greatest threat to the loss of company
trade secrets.
• Nondisclosure clause: Part of an employment contract
that specifically prohibits an employee from revealing
company secrets
• Noncompete agreement: Part of an employment
contract that prohibits an employee from working for
any competitors for a period of time
Plagiarism
• Plagiarism: The act of stealing someone’s ideas or words
and passing them off as one’s own
• Actions that schools can take to combat student
plagiarism:
• Help students understand what constitutes plagiarism and
why they need to cite sources
• Show students how to document material found online
• Schedule major writing assignments in portions due over
the course of the term
• Tell students that instructors are aware of Internet paper
mills and plagiarism detection services
• Incorporate detection software and services
Plagiarism
https://interaksyon.philstar.com/hobbies-interests/2019/09/17/154979/plagiarism-
filipino-korean-artist-the-little-hero/ 36
Plagiarism
https://interaksyon.philstar.com/hobbies-interests/2019/09/17/154979/plagiarism-
filipino-korean-artist-the-little-hero/ 37
Plagiarism
• ORANGE AND LEMONS’ BIG HIT
• The accusation: The Pinoy band has been accused of copying the melody and
musical arrangement of an obscure single, "Chandeliers," by 1980s New Wave
group, Care, and then using it for their breakout hit, "Pinoy Ako." Their song
was used as the theme for Pinoy Big Brother.
• The response: When asked about the issue in an interview with Manila Bulletin,
the group said, "It saddens us because it’s unfair." They have denied all
accusations of plagiarism.
• The aftermath: As far as we know, the band has never been sued for the
alleged offense. The band members have since gone their separate ways. Lead
guitarist/vocalist Clem Castro got kicked out of the band. Thus, he started his
own band. He’s now identified as the "frontman" of the three-piece indie pop
group The Camerawalls signed under his own label, Lilystars Records. The three
remaining band members-Mcoy Fundales, JM Del Mundo, and Ace Del Mundo-
formed a new band called Kenyo.
Plagiarism
• THE "IT’S MORE FUN IN THE PHILIPPINES" SLOGAN
Plagiarism
• THE "IT’S MORE FUN IN THE PHILIPPINES" SLOGAN
• The accusation: By January 2011, the Department of Tourism (DOT) "It’s more
fun in the Philippines" campaign had replaced the battered "Pilipinas kay
ganda" campaign. But, it wasn’t long before people were also slamming it for
ripping off a 1951 Swiss tourism slogan that read, "It's more fun in Switzerland."
• The response: DOT Secretary Ramon Jimenez, Jr. was unfazed by controversy
over the slogan or tagline. He said it was "purely coincidental." Instead, he and
his team worked to make the campaign viral. For some reason, people were
more forgiving with this fun campaign. Or maybe they were still weary from
getting enraged over "Pilipinas kay ganda."
• The aftermath: "It’s more in the Philippines" is DOT’s the current tourism
campaign. For a time, it fueled a meme frenzy.
Plagiarism
• ‘Pilipinas Kay Ganda’ logo
Plagiarism
• The gist: Tourism slogan “Pilipinas Kay Ganda” drew criticism a week after its
launch in 2010 after its logo had a striking similarity to Poland’s “Polska,” from
the font and the colors to the use of a tree. An application where users can
make a personalized name logo with the tagline “Kay Ganda” then made the
rounds on social media sites as Filipinos made fun of the alleged plagiarism
committed by the advertising agency tapped by DOT.
• What DOT did: Then-DOT Undersecretary Vicente “Enteng” Romano III, who
was in charge of DOT’s planning and promotions section, took full responsibility
for the campaign and left his post. He also apologized to then-President
Benigno Aquino III, then-Tourism Secretary Alberto Lim and to the public over
the controversy.
• What happened next: The “Pilipinas Kay Ganda” campaign was scrapped and
eventually replaced by the “It’s more fun in the Philippines” slogan, which
became an Internet hit.
Reverse Engineering
• Reverse engineering: The process of taking something
apart in order to understand it, build a copy of it, or
improve it
• Applicable for both hardware and software
• Violates copyright and trade secret laws
• Software license agreements typically forbid reverse
engineering.
• The courts have ruled in favor of using reverse engineering
to enable interoperability.
• Reverse engineering can also be a useful tool in detecting
software bugs and security holes.
Open Source Code
• Open source code: Any program whose source code is
made available for use or modification, as users or other
developers see fit
• Advocates believe open source code produces better
software than the traditional closed model
• Reasons for developing open source code:
• To earn respect for solving a problem
• To pay back the developer community
• To promote expertise and/or attract new clients
• To recover maintenance cost
• To avoid the hassle of license and marketing
Competitive Intelligence
• Competitive intelligence: Legally obtained information
gathered to help a company gain an advantage over rivals
• Integrated into a company’s strategic plans and decision
making
• Not the same as industrial espionage (the use of illegal means
to obtain business information)
• Sources of competitive intelligence data:
• Annual and quarterly reports
• Promotional materials and websites
• Credit reports and investment analyses
• Software applications, databases, and social media tools, such
as Rapportive, Crunchbase, CORI, and WhoGotFunded.com
Creative Commons
• Creative Commons is a nonprofit organization that helps overcome
legal obstacles to the sharing of knowledge and creativity to
address the world’s pressing challenges.
• https://creativecommons.org/about/
1. What do Creative Commons licenses do?
• Creative Commons licenses allow their holders to grant broad permission to others to
share, remix, use commercially, or otherwise use their work without having to ask
specific authorization for each use.
• This makes it "easier for people to share and build upon the works of others,
consistent with the rules of copyright." Lawrence Lessing, Stanford Law professor and
founder of Creative Commons, is a long-time advocate of information freedom and
copyright reform.
Creative Commons
2. How do Creative Commons licenses interact with copyright?
• Creative Commons licenses work alongside the rules of copyright, allowing you to
authorize a more free usage of your work and choose the protection that best suits
your needs. Creative Commons licenses apply to any work covered by copyright law.
• By using a Creative Commons license, you do not give up your copyright; you still
own your work.
• Creative Commons licenses do not replace copyright registration—they apply in
addition to copyright.
• Even if you're using a Creative Commons license, it is advisable to register your
copyright so you can protect your work from unauthorized uses through the courts.
• Think of copyright as an "all rights reserved" option in which you hold all rights—
something that you may desire if you don't want anyone taking, using, and
potentially making money off of your work. A Creative Commons license, on the
other hand, offers a "some rights reserved" option, which permits certain uses of
your work under particular conditions that you choose.
Creative Commons
3. Are all Creative Commons licenses the same?
• No. Creative Commons offers six different licenses, each allowing different uses of your
work:
• Attribution: The most permissive Creative Commons license allowing others to use,
distribute, remix, tweak, and build upon your work—even for profit—so long as you are
given credit for the original in the way you request.
• Attribution Share Alike: Very similar to the Attribution license. You permit others to use,
distribute, remix, tweak, and build upon your work—even commercially—provided you
are given credit in the way you request for the original, but this license also requires the
user to license all new creations under identical terms (meaning any new creations may
also be used for profit); this is often compared to open source software licenses.
• Attribution No Derivatives: Permits others to redistribute—including commercially—your
work so long as you are credited in the way you request and the work remains whole
and unchanged.
Creative Commons
• Attribution Non-Commercial: Allows others to use, distribute, remix, tweak, or build
upon your work non-commercially so long as you are given credit in the way you
request. Derivative works do not have to carry the same license (meaning future
derivative works can be commercial).
• Attribution Non-Commercial Share Alike: Permits others to use, distribute, remix, tweak,
and build upon your work non-commercially so long as you are given credit in the way
you request and the new works are licensed under the same terms.
• Attribution Non-Commercial No Derivatives: Closest to traditional copyright, this is the
most restrictive Creative Commons license and allows others only to redistribute your
work non-commercially so long as it remains unchanged and you are given credit in the
way you request; often called "free advertising" because people can download and
share your work freely.
Creative Commons
4. What are the pros and cons of using Creative Commons licenses?
• Each specific Creative Commons license has its pros and cons depending on your
situation, but the biggest overall pros to Creative Commons licenses are that they are
free and rather easy to use. You simply go to the Creative Commons website to decide
which license meets your needs and then attach the appropriate symbol to your work.
• Creative Commons licenses also encourage others to use and redistribute your work,
which can create publicity for you.
• The biggest con in using Creative Commons licenses is that in all but the two most
restrictive licenses, you grant permission to use your work ahead of time, so you can
never be sure who is using your work or making money from it.
• Any content licensed under Creative Commons can be used by others without
compensating you for the use. However, Creative Commons licenses are non-exclusive,
so you can still license the same content under a different agreement if you choose.
Creative Commons
5. Who uses Creative Commons licenses?
• The music industry, especially aspiring artists, are particularly drawn to Creative
Commons licenses because of the prevalence of remixing and "mash-ups," which are
great ways for new artists to gain exposure. Many of the licenses also allow an artist to
keep her options open if she isn't sure what she'll want to do with her work in the
future.
• Bloggers and other online presences are also increasingly turning to Creative Commons
in the spirit of share and share alike into a voluntary public domain.
© 2019 Cengage. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected
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website for classroom use.
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A Manager’s Checklist for Running an Ethical
Competitive Intelligence Operation, Part 1
QUESTION YES NO
• Has the competitive intelligence organization developed a
mission statement, objectives, goals, and a code of ethics?
• Has the company’s legal department approved the mission
statement, objectives, goals, and code of ethics?
• Do analysts understand the need to abide by their
organization’s code of ethics and corporate policies?
• Is there a rigorous training and certification process for
analysts?
• Do analysts understand all applicable laws—domestic and
international—including the Uniform Trade Secrets Act,
Defend Trade Secrets Act, and the Economic Espionage Act,
and do they understand the critical importance of abiding by
them?
A Manager’s Checklist for Running an Ethical
Competitive Intelligence Operation, Part 2
QUESTION YES NO
• Do analysts disclose their true identity as well as the name of
their organization prior to any interviews?
• Do analysts understand that everything their firm learns about
the competition must be obtained legally?
• Do analysts respect all requests for anonymity and
confidentiality of information?
• Has the company’s legal department approved the processes
for gathering data?
• Do analysts provide honest recommendations and
conclusions?
• Is the use of third parties to gather competitive intelligence
carefully reviewed and managed?
Trademark Infringement
• Trademark: A logo, package design, phrase, sound,

or word that enables a consumer to differentiate
one company’s products from another’s
• Can be renewed forever, so long as a mark is in use
Cybersquatting
• Cybersquatter: An individual or company that registers
domain names for famous trademarks or company names
to which they have no connection
• Goal is to sell domain name for a large sum of money
• Tactics to circumvent cybersquatting:
• Promptly register all possible domain names and variations
• ICANN’s Uniform Domain-Name Dispute-Resolution Policy:
-Designed to provide for fast, relatively inexpensive arbitration
of a trademark owner’s complaint that a domain name was
registered or used in bad faith
Summary, Part 1
• What is the basis for the protection of freedom of
expression in the United States, and what types of
expressions are not protected under the law?
• First Amendment protects Americans’ rights to freedom
of religion, freedom of expression, freedom to assemble
peaceably, and freedom to speak anonymously.
• Obscene speech, defamation, incitement of panic,
incitement to crime, “fighting words,” and sedition are
not protected by the First Amendment
Summary, Part 2
• What are some key federal laws that affect online
freedom of expression, and how do they impact
organizations?
• Challenge: Restrict children’s access to inappropriate
material online without also restricting adults’ access
Summary, Part 3
• What important freedom of expression issues relate to
the use of information technology?
• Internet censorship: The control or suppression of the
publishing or accessing of information online
• Strategic lawsuit against public participation (SLAPP)
-Anti-SLAPP laws are designed to reduce frivolous SLAPPs
• Anonymous expression
-Doxing: Researching and posting someone’s personal
information online
-John Doe lawsuit: Used to gain subpoena power in an effort
to learn the identify of anonymous Internet users
Summary, Part 4
• Speech that is merely annoying, critical, demeaning, or
offensive is protected by the First Amendment.
• Hate speech involves threats and intimidations against
specific citizens.
• Some ISPs and social networking sites prohibit hate speech
as part of their service agreements; such restrictions do
not violate the First Amendment
• Companies must show that they took reasonable steps to
prevent pornography in the workplace to have a valid
defense against a sexual harassment lawsuit
Summary, Part 5
• Sexting: Sending sexual messages, nude or seminude
photos, or sexually explicit videos over a cell phone can
lead to problems for both senders and receivers.
• CAN-SPAM Act: Specifies requirements that commercial
emailers must follow when sending out promotional
messages; it is also sometimes used in the fight against
the pornography.
• Fake news: The Internet is full of “news” accounts that are
really just highly opinionated, fictionalized, or satirical
accounts of current events presented in journalistic style.
Summary, Part 1
• What does the term intellectual property encompass, and
what measures can organizations take to protect their
intellectual property?
• Intellectual property: Describes works of the mind that are
distinct and owned or created by a single person or group
• Intellectual property is protected by copyrights, patents,
trademarks, and trade secrets law.
• Copyright is the exclusive right to distribute, display, perform,
or reproduce an original work
• Fair use doctrine established four factors for courts to
consider when deciding whether a use of copyrighted
property is fair.
Summary, Part 2
• General Agreement on Tariffs and Trade (GATT)
-The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS) covers copyrights
Summary, Part 3
• Courts can award up to three times the amount of damages
claimed by the patent holder if infringement is found
• The Leahy-Smith America Invents Act changed the U.S. patent
system from a “first-to-invent” to a “first-inventor-to file”
system; expanded definition of prior art
Summary, Part 4
• Trade secret:
-Information must have economic value, must not be readily
ascertainable, and must have been kept confidential
• Key advantages of trade secret law:
-No time limits on protection
-No need to file an application to gain protection
-No risk that a trade secret might be found invalid in court
• Employers protect their intellectual property through
nondisclosure clauses and noncompete agreements
Summary, Part 5
• What are some of the current issues associated with the
protection of intellectual property?
• Plagiarism: Stealing someone’s ideas or words and
passing them off as one’s own
• Reverse engineering: Breaking something down in
order to understand it, build a copy of it, or improve it
• Open source code: Any program whose source code is
made available for use or modification, as users or
other developers see fit.
• The basic premise behind open source code is that
when many programmers can read, redistribute, and
modify it, software improves.
Summary, Part 6
• Competitive intelligence: Legally obtained information
that is gathered to help a company gain an advantage
over its rivals; not the same as industrial espionage
• Competitive intelligence analysts must avoid unethical
or illegal behavior, including lying, misrepresentation,
theft, bribery, or eavesdropping with illegal devices.
• A trademark: A logo, package design, phrase, sound, or
word that enables a consumer to differentiate one
company’s products from another’s
Summary, Part 7
• Cybersquatters register domain names for famous
trademarks or company names to which they have no
connection with the hope of selling the domain name
to the trademark’s owner.
• The main tactic used to circumvent cybersquatting is
to protect a trademark by registering possible domain
names (and variations) as soon as possible.
YOUR TURN! : Creative Commons activity
You are a student who work part-time as a graphic artist and you are in
need of the following:
1. An image of a Christmas tree for a Christmas card design

commissioned by a client. (No citations/ no references should be
placed)
2. A photo of a cake to be used for your sister's birthday party invitation.
(No citations/ no references should be placed)
3. A photo of frogs that you need to use for a class report in biology class.
(allowed to modify the image)
4. A photo of skylines for a project in history. (the image will not be
modified)
5. A photo of a cake for a friend who is a blogger. (The blog will be used
commercially and the photo can be edited)
Find a picture online and specify applicable CC licenses for each number.
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Lecture 4 - Freedom of Expression and Intellectual Property

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Lecture 4 - Freedom of Expression and Intellectual Property

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Lecture 4 - Freedom of Expression and Intellectual Property

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Freedom of Expression

• The right to freedom of expression is restricted when the

• As provided in Section 4(c)(4) of R.A. 10175, online libel

• To distinguish it from libel committed by traditional

• However, if the “Comment” does not merely react to the

Controlling access to Internet censorship

• Internet filter: Software that blocks access to certain

• Internet censorship: The control or suppression of

• Internet censorship takes a variety of forms:

• Key question in deciding what Internet material is

• Possession of child pornography is a federal offense

1. What do Creative Commons licenses do?

• Trademark: A logo, package design, phrase, sound,

1. An image of a Christmas tree for a Christmas card design

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