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398 12 Implementation Issues: From Globalization to Justification, Privacy, and Regulation

Digital Rights Management (DRM) APIs are not subject to copyright, the appeals court disagreed,
holding that Java’s API packages were copyrightable,
Digital rights management (DRM) describes a system of although it sent back the case to the trial court to determine
protecting the copyrights of data circulated over the Internet whether or not Google’s copying was a violation of the Fair
or digital media. These arrangements are technology-based Use Doctrine. In 2014, Oracle won the case (see McLaughlin
protection measures (via encryption or using watermarks). 2014).
Typically, sellers own the rights to their digital content. For
details, see eff.org/issues/drm. However, DRM systems may Trademarks
restrict the fair use of material by individuals. In law, fair use
refers to the limited use of copyrighted material, without pay- According to the USPTO, a trademark is “a word, phrase,
ing a fee or royalty, for certain purposes (e.g., reviews, com- symbol, and/or design that identifies and distinguishes the
mentaries, teaching). source of the goods of one party from those of others.” A
trademark is used by individuals, business organizations, or
Patents other legal entities to notify consumers of a unique source,
and to tell the difference between a company’s products or
According to fedcirc.us, a patent is “an exclusive right to a services and those of others. Although federal registration is
particular invention. Patents are granted by states or govern- not necessary, there are several advantages, such as inform-
ments to the creator of an invention, or to someone who has ing the public that the trademark belongs to the registrants,
been designated by them to accept the rights over the inven- and giving them exclusive right of use (see uspto.gov/trade-
tion. The holder of the patent has sole rights over the invention marks/basics/definitions.jsp).
for a specified period of time” (e.g., 20 years for applications In 2008, eBay won a landmark trademark case against
filed on or after June 8, 1995 in the United States and 20 years Tiffany, a leading jewelry retailer, who had sued eBay alleg-
in the United Kingdom). Patents serve to protect the idea or ing that many of the items being advertised on eBay as
design of the invention, rather than any tangible form of the Tiffany merchandise were actually fakes. The U.S. court ruled
invention. in 2008 that eBay cannot be held liable for trademark
There is some discrepancy between the USA and Europe infringements “based solely on their generalized knowledge
over the way certain patents are granted. For example, in that trademark infringement might be occurring on their
1999, Amazon.com successfully obtained a U.S. patent for its websites.”
“1-Click” ordering and payment procedure. Using this patent,
Amazon.com sued Barnes and Noble in 1999, alleging that its
rival had copied its patented technology. Barnes and Noble SECTION 12.6 REVIEW QUESTIONS
was enjoined by the courts from using their “Express Lane”
payment procedure. However, on May 12, 2006, the USPTO 1. What is intellectual property law? How is it helpful to cre-
ordered a reexamination of the “1-Click” patent. In March ators and inventors?
2010, the Amazon patent was rewritten in the USA to include 2. Define DRM. Describe one potential impact on privacy
only a shopping cart, and was approved as such. Nevertheless, and one drawback.
Expedia and many other e-tailers use similar “checkout” sys- 3. What is meant by “fair use”? How does the “jailbreaking”
tems today. See en.wikipedia.org/wiki/1-Click. of iPhones fall under “fair use”?
Another example of a legal case involving patents is when 4. Define trademark infringement and discuss why trademarks
Canadian firm i4i Corporation sued Microsoft, for patent need to be protected from dilution.
infringement, alleging that Microsoft had infringed i4i’s pat-
ent relating to text manipulation software. Microsoft wanted
the standard changed by which patents would be deemed 12.7 PRIVACY RIGHTS, PROTECTION,
invalid. Microsoft took the case all the way to the U.S. Supreme AND FREE SPEECH
Court and lost.
Privacy has several meanings and definitions. In general, pri-
Oracle Versus Google vacy is the state of not being disturbed by others, being free
In following its legal right of enforcement, Oracle has been from others’ attention, and having the right to be left alone and
mining its newly acquired patent portfolio and actively seek- not to be intruded upon. (For other definitions of privacy, see
ing and suing infringers. In 2012, Oracle sued Google over its the Privacy Rights Clearinghouse at privacyrights.org.)
Android product for using Oracle’s Java technology (copying Privacy has long been a legal, ethical, and social issue in most
Java code) without a license. While the trial court ruled that countries.