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The document discusses various ethical theories including subjective relativism, cultural relativism, divine command theory, ethical egoism, Kantianism, act and rule utilitarianism, social contract theory, and virtue ethics, each with definitions, explanations, examples, and pros and cons. It also covers topics related to networked communications such as spam, cryptocurrencies, social media's political impact, censorship, and internet addiction. Additionally, it addresses intellectual property rights and the philosophical underpinnings of property rights, particularly in relation to intellectual creations.
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0% found this document useful (0 votes)
7 views

Notes pp

The document discusses various ethical theories including subjective relativism, cultural relativism, divine command theory, ethical egoism, Kantianism, act and rule utilitarianism, social contract theory, and virtue ethics, each with definitions, explanations, examples, and pros and cons. It also covers topics related to networked communications such as spam, cryptocurrencies, social media's political impact, censorship, and internet addiction. Additionally, it addresses intellectual property rights and the philosophical underpinnings of property rights, particularly in relation to intellectual creations.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 25

Chapter 2

1. Subjective Relativism

• Definition: This theory posits that right and wrong are determined by each individual.
Morality becomes a matter of personal opinion, where what's right for one person may
not be right for another.

• Explanation: Subjective relativism places the individual at the center of ethical


decision-making. It argues that there are no universal moral standards, and each
person's beliefs are equally valid.

• Example: Person A believes that downloading music without paying for it is acceptable,
while Person B believes it is wrong. Subjective relativism would say both are correct.

• Pros & Cons:

o Cons:

▪ Makes it difficult to have meaningful ethical debates.

▪ Can be used to rationalize unethical behavior.

▪ Doesn't provide a basis for moral judgment.

o Pros:

▪ Acknowledges that well-meaning people can disagree on ethical issues.

2. Cultural Relativism

• Definition: This theory states that right and wrong are defined by a society's moral
guidelines. These guidelines vary across different societies and time periods.

• Explanation: Cultural relativism suggests that morality is culturally determined. An


action considered right in one society might be wrong in another, and neither is
objectively superior.

• Example: In some cultures, arranged marriages are the norm, while in others, they are
uncommon. Cultural relativism would view each practice as acceptable within its
respective cultural context.

• Pros & Cons:

o Cons:

▪ Doesn't explain how moral guidelines are determined.

▪ Struggles to address conflicting cultural norms.

▪ Doesn't account for the evolution of moral guidelines.

o Pros:

▪ Recognizes the influence of social context on morality.

▪ Warns against judging other societies based on one's own cultural standards.
3. Divine Command Theory

• Definition: This theory grounds morality in the will of God. Actions that align with God's
will are considered good, while those that go against it are bad.

• Explanation: Divine command theory relies on religious texts or authorities to reveal


God's will and provide moral guidance.

• Example: The Ten Commandments in the Bible are seen by many as divine commands
that dictate moral behavior.

• Pros & Cons:

o Cons:

▪ Different religious texts may disagree on moral teachings.

▪ Impractical in multicultural, secular societies.

▪ Some modern moral problems aren't directly addressed in scripture.

o Pros:

▪ Provides a clear source of moral authority.

▪ Suggests that God is all-good and all-knowing.

4. Ethical Egoism

• Definition: This theory asserts that each person should prioritize their self-interest. A
morally right action is one that maximizes an individual's long-term benefit.

• Explanation: Ethical egoism focuses on the individual as the primary beneficiary of


moral actions. It argues that pursuing self-interest is the ethically correct approach.

• Example: A business owner might argue that it's ethical to prioritize maximizing profits,
as this ultimately benefits them and their company.

• Pros & Cons:

o Cons:

▪ Can justify blatantly immoral behavior.

▪ Doesn't align with the ethical point of view, which considers others.

▪ Neglects the importance of considering the well-being of others.

o Pros:

▪ Aligns with the natural inclination to pursue self-interest.

▪ Suggests individuals are best equipped to take care of themselves.

5. Kantianism

• Definition: This theory, developed by Immanuel Kant, emphasizes moral duties and
universal rules. It says that actions are moral if they follow principles that could be
applied to everyone, and if they respect people as ends in themselves, not just as
means.

• Explanation: Kantianism is based on the idea of a "good will" and the "categorical
imperative," which provides a framework for determining moral duties.

• Example: The principle "Do not lie" is a Kantian rule because it should apply to everyone
in all situations.

• Pros & Cons:

o Cons:

▪ Sometimes, no rule perfectly captures the complexity of an action.

▪ Conflicts between rules can be difficult to resolve.

▪ Allows for no exceptions to perfect duties.

o Pros:

▪ Treats all individuals as moral equals.

▪ Provides universal moral guidelines.

▪ Emphasizes the importance of duty and reason in morality.

6. Act Utilitarianism

• Definition: This theory, rooted in the principle of utility, states that an action is good if its
benefits outweigh its harms. It focuses on maximizing happiness and minimizing
unhappiness.

• Explanation: Act utilitarianism assesses the morality of each individual action based on its
consequences for overall happiness.

• Example: Building a new highway that benefits many people by reducing commute times,
even if it displaces a few families, could be considered a good action under act
utilitarianism.

• Pros & Cons:

o Cons:

▪ It can be difficult to determine who to include in the calculations and how far into the
future to consider the consequences.

▪ It can be challenging to predict consequences with certainty.

▪ It might not respect our innate sense of duty.

o Pros:

▪ Focuses on promoting happiness.

▪ It is practical in its approach.

▪ It is comprehensive in considering the consequences of actions.


7. Rule Utilitarianism

• Definition: This theory applies the principle of utility to moral rules rather than
individual actions. It suggests we should adopt rules that, when followed by everyone,
lead to the greatest increase in overall happiness.

• Explanation: Rule utilitarianism seeks to establish moral guidelines that, in general,


produce the best consequences, providing a more stable framework for ethical
decision-making than act utilitarianism.

• Example: A rule against lying is justified in rule utilitarianism because, in general,


truthfulness promotes trust and cooperation, leading to greater happiness in the long
run.

• Pros & Cons:

o Cons:

▪ Like act utilitarianism, it can be difficult to measure all consequences on a single scale.

▪ It may not adequately address unjust distributions of good consequences.

o Pros:

▪ Avoids the need to perform utilitarian calculations for every moral decision.

▪ Moral rules provide guidance in unusual situations.

▪ Reduces the potential for bias in decision-making.

8. Social Contract Theory

• Definition: This theory posits that morality arises from a set of rules that rational people
would agree to accept for their mutual benefit, provided others follow the rules as well.

• Explanation: Social contract theory emphasizes the idea of a social contract, either
explicit or implicit, that establishes moral rules and a government to enforce them.

• Example: Laws protecting individual rights, such as the right to free speech, can be
seen as part of a social contract that ensures mutual respect and benefits within a
society.

• Pros & Cons:

o Cons:

▪ The social contract is hypothetical; no one explicitly signed it.

▪ Some actions can be characterized in multiple ways, making it difficult to apply


the theory.

▪ It can be difficult to resolve conflicts between competing rights.

o Pros:

▪ It is framed in the language of rights.


▪ It explains why people act in self-interest in the absence of a common
agreement.

▪ It provides a clear analysis of certain citizen-government issues.

9. Virtue Ethics

• Definition: This theory focuses on developing good character traits (virtues) rather than
following rules or calculating consequences. It emphasizes being a virtuous person.

• Explanation: Virtue ethics asks what kind of person one should be and what character
traits contribute to a good life. Virtues are developed through habitual action and serve as a
guide for ethical behavior.

• Example: Honesty, courage, compassion, and justice are examples of virtues that virtue
ethics seeks to cultivate.

• Pros & Cons:

o Cons:

▪ There may be disagreement about which character traits are essential for
human flourishing.

▪ It may be difficult to apply virtue ethics to government policy.

▪ It can undermine attempts to hold people responsible for bad actions.

o Pros:

▪ It often makes more sense to focus on virtues than on obligations, rights or


consequences.

▪ Personal relationships can be morally relevant to decision-making.

▪ It recognizes that moral decision-making skills develop over time.

Chapter 3
1. Introduction

• Definition: The beginning section that establishes the importance of networked


communications in our lives.

• Explanation: It highlights how the internet and cellular networks have become essential
for various activities but also acknowledges the potential harms that come with them.

• Example: Using the internet for online education but also experiencing online scams.

• Pros & Cons:

o N/A (Introduction doesn't have pros and cons)

2. Spam

• Definition: Unsolicited bulk email messages.


• Explanation: Spam is profitable for senders due to its low cost, but it causes
productivity loss and other issues for recipients.

• Example: Receiving unwanted advertisements for products or services in your email


inbox.

• Pros & Cons:

o Cons:

▪ Wastes time and resources.

▪ Can be a vector for scams and malware.

▪ Intrudes on privacy.

o Pros:

▪ (From the sender's perspective) - Low-cost advertising.

3. Internet Interactions

• Definition: Ways in which people engage with the internet and the World Wide Web.

• Explanation: It covers various online activities like buying, selling, socializing, learning,
and entertainment.

• Example: Using social media platforms, online shopping, or participating in online


courses.

• Pros & Cons:

o N/A (This is a descriptive section)

4. Cryptocurrencies

• Definition: Virtual currencies that operate independently of banks or governments, with


Bitcoin being the first and most well-known.

• Explanation: Cryptocurrencies offer global accessibility, decentralization, anonymity,


and security, but also raise concerns about illegal transactions and environmental
impact.

• Example: Bitcoin, Ethereum.

• Pros & Cons:

o Cons:

▪ Used for illegal activities.

▪ Sustainability concerns due to energy consumption.

▪ Price volatility and speculative nature.

o Pros:

▪ Global accessibility.
▪ Decentralization and anonymity.

▪ Potential for fast funds transfer.

5. Text Messaging

• Definition: The exchange of messages between mobile phones.

• Explanation: Text messaging has transformed communication, especially in areas with


limited infrastructure, by enabling money saving, bill payments, and information
sharing.

• Example: Using SMS to send a quick message to a friend or using mobile money
services like M-PESA.

• Pros & Cons:

o N/A (This is a descriptive section)

6. Political Impact of Social Media and Online Advertising

• Definition: The influence of social media and online ads on political events and
processes.

• Explanation: Social media platforms can be tools for political activism and organizing
but also raise concerns about the spread of misinformation and potential threats to
democracy.

• Example: Use of social media in political campaigns, the Arab Spring uprisings, and the
spread of “fake news”.

• Pros & Cons:

o N/A (Complex issue with varying arguments)

7. Censorship

• Definition: The attempt to control or suppress public access to information considered


harmful or offensive.

• Explanation: Censorship can be direct (government control) or indirect (self-


censorship) and faces challenges in the internet age due to its decentralized and global
nature.

• Example: Government blocking certain websites or social media platforms.

• Pros & Cons:

o N/A (Complex issue with varying arguments)

8. Freedom of Expression

• Definition: The right to communicate ideas and information freely.

• Explanation: While considered a fundamental right, freedom of expression is not


absolute and is often balanced against public good, with various restrictions in place.

• Example: The First Amendment in the U.S. Constitution, restrictions on hate speech.
• Pros & Cons:

o N/A (Complex issue with varying arguments)

9. Children and Inappropriate Content

• Definition: Issues surrounding children's exposure to harmful or unsuitable material


online.

• Explanation: This includes the use of web filters to block objectionable content and
debates around legal requirements for age verification on certain websites.

• Example: Software that blocks access to adult websites, laws regarding child online
protection.

• Pros & Cons:

o N/A (Complex issue with varying arguments)

10. Breaking Trust

• Definition: Actions that violate the trust placed in individuals or systems, particularly in
the online context.

• Explanation: This covers issues like identity theft, fake online reviews, online predators,
spreading false information, cyberbullying, and revenge porn.

• Example: Stealing someone's credit card information, posting malicious rumors online,
or sharing non-consensual intimate images.

• Pros & Cons:

o N/A (These are negative behaviors)

11. Internet Addiction

• Definition: The excessive or compulsive use of the internet, leading to negative


consequences.

• Explanation: While not officially classified as a mental disorder, internet addiction is a


growing concern, with debates around its characteristics and how society should
address it.

• Example: Spending excessive time gaming or on social media to the detriment of other
life activities.

• Pros & Cons:

o (Addiction is generally viewed negatively)


Chapter 4
Okay, here's a breakdown of the topics from the slides, using the format you've requested:

1. Introduction

• Definition: This section introduces the topic of intellectual property and the challenges
posed by information technology.

• Explanation: It discusses how IT facilitates the distribution of intellectual property but


also makes it easier to access that property without payment, raising questions about
the rights of creators and owners.

• Example: The ease of downloading music or movies online versus the rights of the
artists and copyright holders.

• Pros & Cons:

o N/A (Introduction doesn't have pros and cons)

2. Intellectual Property Rights

• Definition: These are rights given to creators for their creations of the mind.

• Explanation: It covers inventions, literary and artistic works, symbols, names, and
images used in commerce, and discusses whether the right to own property extends to
these creations.

• Example: Patents for inventions, copyrights for literary works, and trademarks for brand
names.

• Pros & Cons:

o N/A (Descriptive section)

3. What is Intellectual Property?

• Definition: Intellectual Property (IP) refers to creations of the mind, including


inventions, literary and artistic works, symbols, names, and images used in commerce.1

• Explanation: This section defines intellectual property and poses the question of
whether the right to own property should be extended to it.

• Example: A song, a book, or a company logo.

• Pros & Cons:

o N/A (Definition)

4. Property Rights

• Definition: The rights individuals have regarding their own person, labor, and things
they've removed from nature through their labor.

• Explanation: Based on Locke's "The Second Treatise of Government," it argues people


have a right to property they create through their labor, as long as there's enough left for
others.
• Example: Owning land that you cultivate.

• Pros & Cons:

o N/A (Philosophical concept)

5. Locke’s Notion of Property Rights

• Definition: People have a natural right to things they have removed from nature through
their own labor.

• Explanation: This re-emphasizes Locke's concept that labor upon natural resources
grants ownership.

• Example: A farmer owning the crops he grows.

• Pros & Cons:

o N/A (Reiteration of a concept)

6. Expanding the Argument to Intellectual Property

• Definition: Applying the concept of property rights based on labor to intellectual


creations.

• Explanation: It draws an analogy between making a physical product (like a belt buckle)
and creating a literary work (like a play), suggesting both involve labor and thus deserve
ownership rights.

• Example: An author owning the copyright to their book, similar to a craftsman owning
the products they make.

• Pros & Cons:

o N/A (Argumentative analogy)

7. Analogy is Imperfect

• Definition: Points out weaknesses in comparing physical property rights to intellectual


property rights.

• Explanation: It uses the example of multiple people writing the same play to show that
intellectual property can be simultaneously "owned" by more than one person, unlike
physical property.

• Example: If two inventors independently create the same device, both can own patents
for it.

• Pros & Cons:

o N/A (Counter-argument)

8. Benefits of Intellectual Property Protection

• Definition: Reasons why protecting intellectual property is beneficial.

• Explanation: It argues that while some people are altruistic, the potential for financial
gain incentivizes creative and innovative work, which benefits society.
• Example: Authors are motivated to write more books if they can profit from them.

• Pros & Cons:

o N/A (Argument for IP protection)

9. Limits to Intellectual Property Protection

• Definition: The need to balance incentivizing creators with the benefit to society of
inventions being in the public domain.

• Explanation: It explains that granting creators rights stimulates creativity, but society
benefits most when inventions are freely available, so there's a need for a compromise.

• Example: Copyrights and patents have expiration dates, after which the works or
inventions enter the public domain.

• Pros & Cons:

o N/A (Explanation of balance)

10. Prices Fall When Works Enter Public Domain

• Definition: The decrease in prices of creative works when their intellectual property
protection expires.

• Explanation: It provides a table showing how rental and purchase prices of musical
works decrease significantly when they enter the public domain.

• Example: The price of a musical score decreases after its copyright expires.

• Pros & Cons:

o N/A (Evidence for the benefit of public domain)

11. Discussion Question (1 of 1)

• Definition: Poses the question of whether intellectual property protection is truly


necessary to promote innovation.

• Explanation: It uses Benjamin Franklin's example to question the necessity of financial


reward for innovation.

• Example: Should inventors be allowed to decide if they want to seek IP protection, or is


it always necessary?

• Pros & Cons:

o N/A (Discussion prompt)

12. 4.3 Protecting Intellectual Property

• Definition: Ways in which intellectual property is legally protected.

• Explanation: An overview of different legal mechanisms used to protect IP.

• Pros & Cons:

o N/A (Introduction to the topic)


13. Trade Secret

• Definition: Confidential information that gives a company a competitive edge.

• Explanation: It's protected by keeping it a secret, doesn't expire, but can be reverse-
engineered or compromised if employees leave.

• Example: The formula for Coca-Cola.

• Pros & Cons:

o Cons:

▪ Can be lost if not kept confidential.

▪ Reverse engineering is allowed.

o Pros:

▪ No expiration date.

▪ Provides a competitive advantage.

14. Trademark, Service Mark

• Definition: Trademark identifies goods, service mark identifies services, and both help
establish a brand name.

• Explanation: They don't expire, but can be lost if the brand name becomes a common
noun. Companies protect them through advertising and legal action.

• Example: The Nike swoosh (trademark), a company's customer support (service mark).

• Pros & Cons:

o Cons:

▪ Can be lost if it becomes generic.

▪ Requires active protection.

o Pros:

▪ Does not expire.

▪ Establishes brand identity.

15. Trademarks and Service Marks

• Definition: Visual representation of how companies protect their trademarks.

• Explanation: Shows an advertisement by Xerox to protect its trademark.

• Example: Xerox's campaign to prevent its name from becoming synonymous with
"photocopy".

• Pros & Cons:

o N/A (Example)
16. Patent

• Definition: A public document that gives the inventor exclusive rights to their invention.

• Explanation: It prevents others from making, using, or selling the invention for 20 years.

• Example: A patent for a new type of engine.

• Pros & Cons:

o Cons:

▪ Protection lasts only 20 years.

▪ Can be expensive to obtain.

o Pros:

▪ Provides exclusive rights to the invention.

▪ Allows the owner to prevent others from profiting from their invention.

17. Bell Telephone Company

• Definition: Example of how patents can create monopolies.

• Explanation: Alexander Graham Bell's patents led to the Bell Telephone Company's
monopoly in the US.

• Example: The history of AT&T and the "Baby Bells".

• Pros & Cons:

o N/A (Historical example)

18. Copyright

• Definition: Provides the owner of an original work with specific rights.

• Explanation: These rights include reproduction, distribution, public display, public


performance, and production of derivative works.

• Example: Copyright on a book, song, or movie.

• Pros & Cons:

o Cons:

▪ Copyright protection has expanded greatly, some argue excessively.

o Pros:

▪ Protects the rights of creators over their original works.

▪ Copyright-related industries contribute significantly to the GDP.

19. Key Court Cases and Legislation

• Definition: Important legal cases and laws related to copyright.


• Explanation: Lists cases like Gershwin Publishing v. Columbia Artists, Davey Jones
Locker, and the No Electronic Theft Act, which have shaped copyright law.

• Pros & Cons:

o N/A (Legal history)

20. Copyright Creep (1 of 2)

• Definition: The significant increase in the length and scope of copyright protection
since the first Copyright Act.

• Explanation: Copyright protection has been extended dramatically since 1790.

• Pros & Cons:

o N/A (Description of a trend)

21. Copyright Creep (2 of 2)

• Definition: Details on the extension of copyright terms and related legal challenges.

• Explanation: It mentions the Copyright Term Extension Act of 1998 and the Supreme
Court ruling on it.

• Pros & Cons:

o N/A (Continuation of the previous point)

22. Non-fungible Tokens (NFTs)

• Definition: Digital assets stored on a blockchain, associated with unique digital items.

• Explanation: Ownership grants a license to use the asset, but not necessarily the
copyright.

• Example: Digital art or virtual real estate sold online.

• Pros & Cons:

o Cons:

▪ Prices can be very volatile.

▪ Ownership doesn't always include copyright.

o Pros:

▪ Creates unique digital ownership.

▪ Enables new ways to monetize digital creations.

23. Case Study: Database Guru

• Definition: A scenario involving an employee who moves to a new company and has
knowledge relevant to his new team's work.

• Explanation: It presents the ethical dilemma of how the employee should use his
knowledge without violating a confidentiality agreement.
• Example: A software developer using knowledge gained at a previous job to help their
new team.

• Pros & Cons:

o N/A (Case study setup)

24. Two Alternatives for Rajiv

• Definition: The two options Rajiv has in the case study.

• Explanation: These are the "clean room" strategy (using publicly available information)
and becoming personally involved (sharing his prior knowledge).

• Pros & Cons:

o N/A (Options presented)

25. Kantian Analysis

• Definition: Analysis of the two options from a Kantian ethical perspective.

• Explanation: It applies Kant's categorical imperative to determine the morally right


action.

• Pros & Cons:

o N/A (Ethical analysis)

26. Social Contract Theory Analysis

• Definition: Analysis of the options using social contract theory.

• Explanation: It examines the options based on whether they violate any agreements or
societal expectations.

• Pros & Cons:

o N/A (Ethical analysis)

27. Act-Utilitarian Analysis (1 of 4)

• Definition: The beginning of an act-utilitarian analysis of the scenario.

• Explanation: It involves quantifying the consequences of each option in terms of dollars


and considering the time horizon and affected parties.

• Pros & Cons:

o N/A (Setting up ethical analysis)

28. Act-Utilitarian Analysis (2 of 4)

• Definition: Cost-benefit analysis of the "clean room" option.

• Explanation: It quantifies the financial consequences for Rajiv and Unrelated.com.

• Pros & Cons:

o N/A (Economic analysis of an option)


29. Act-Utilitarian Analysis (3 of 4)

• Definition: Cost-benefit analysis of the "ask right questions" option.

• Explanation: It quantifies the financial consequences, including potential litigation


costs and impact on Rajiv's income.

• Pros & Cons:

o N/A (Economic analysis of an option)

30. Act-Utilitarian Analysis (4 of 4)

• Definition: Conclusion of the act-utilitarian analysis.

• Pros & Cons:

o N/A (Concluding the analysis)

31. Virtue Ethics Analysis

• Definition: Analysis of the scenario from a virtue ethics perspective.

• Explanation: It focuses on the character traits of Rajiv and which option aligns with
being a good engineer and manager.

• Pros & Cons:

o N/A (Ethical analysis)

32. Conclusion

• Definition: Summary of the ethical analyses.

• Explanation: It states that the "clean room" option is better according to Kantianism,
social contract theory, and virtue ethics, while act utilitarianism favors the "personally
involved" option.

• Pros & Cons:

o N/A (Summary)

33. 4.4 Fair Use

• Definition: The legal concept that allows for the reproduction of copyrighted work
without permission under certain circumstances.

• Explanation: It introduces the concept of fair use and the factors courts consider when
determining fair use.

• Pros & Cons:

o N/A (Introduction to the topic)

34. Fair Use Concept

• Definition: The conditions under which copyrighted material can be used without
permission.
• Explanation: It outlines the four factors courts consider: purpose and character of use,
nature of the work, amount copied, and effect on the market.

• Pros & Cons:

o N/A (Explanation of fair use)

35. Sony v. Universal City Studios

• Definition: A key court case that established time-shifting as fair use.

• Explanation: The Supreme Court ruled that recording TV shows for later viewing is fair
use.

• Pros & Cons:

o N/A (Legal case)

36. Time Shifting

• Definition: Recording television broadcasts for later personal viewing.

• Explanation: It clarifies that time-shifting is considered fair use, but using recorded
material for commercial purposes is not.

• Pros & Cons:

o N/A (Explanation of a concept derived from a legal case)

37. Digital Recording Technology

• Definition: The evolution of digital recording and its impact on copyright.

• Explanation: Discusses the shift from vinyl to CDs and the challenges of digital copying.

• Pros & Cons:

o N/A (Technological development)

38. Audio Home Recording Act of 1992

• Definition: Legislation protecting consumers' rights to make copies of recordings for


personal use.

• Explanation: It allows for backup copies and copies for family members but requires
digital recorders to incorporate a system to prevent further copying.

• Pros & Cons:

o N/A (Legal information)

39. RIAA v. Diamond Multimedia

• Definition: A court case that established space-shifting as fair use.

• Explanation: The court affirmed that copying music for use on a portable device is
consistent with copyright law.

• Pros & Cons:


o N/A (Legal case)

40. Space Shifting

• Definition: Copying music for backup purposes or for use on a portable device.

• Explanation: It clarifies that space-shifting is fair use, but copying for a friend is not.

• Pros & Cons:

o N/A (Explanation of a concept derived from a legal case)

41. Kelly v. Arriba Soft

• Definition: A court case dealing with the use of thumbnail images in search engines.

• Explanation: The court ruled that Arriba Soft's use of Kelly's images was transformative
and fair use.

• Pros & Cons:

o N/A (Legal case)

42. Authors Guild v. Google (1 of 3)

• Definition: A court case involving Google's plan to scan millions of books.

• Explanation: Authors and publishers sued Google for copyright infringement, but the
judge ruled in favor of Google.

• Pros & Cons:

o N/A (Legal case)

43. Authors Guild v. Google (2 of 3)

• Definition: Details of the judge's ruling in the Google Books case.

• Explanation: The judge stated that Google Books is a fair use of copyrighted works,
citing the transformative purpose and nature of the scanned works.

• Pros & Cons:

o N/A (Explanation of legal ruling)

44. Authors Guild v. Google (3 of 3)

• Definition: Further details of the legal ruling.

• Explanation: It weighs the amount of work scanned (entire work, against fair use)
against the effect on the market (stimulating book sales, in favor of fair use).

• Pros & Cons:

o N/A (Continuation of legal explanation)

45. Mashups

• Definition: Creative works that combine elements from different sources.


• Explanation: Examples include audio collages and combining instrumental and vocal
tracks from different songs, with the question of fair use being raised.

• Pros & Cons:

o N/A (Discussion of a complex issue)

46. 4.5 Digital Media

• Definition: Introduction to the topic of digital media and its relation to copyright.

• Pros & Cons:

o N/A (Transition)

47. Digital Rights Management (DRM)

• Definition: Technologies used by intellectual property owners to protect their rights in


digital form.

• Explanation: It includes methods like encrypting digital content and marking content as
copy-protected.

• Pros & Cons:

o N/A (Description of technologies)

48. Digital Millennium Copyright Act (DMCA)

• Definition: A significant update to copyright law.

• Explanation: It brought the U.S. into compliance with European law, extended copyright
length, and made it illegal to circumvent encryption or copy controls.

• Pros & Cons:

o N/A (Legal information)

49. Secure Digital Music Initiative (SDMI)

• Definition: An initiative to create copy-protected CDs and secure digital music


downloads.

• Explanation: It involved developing a "digital watermarking" scheme, but ultimately


failed.

• Pros & Cons:

o N/A (Description of a failed initiative)

50. Sony BMG Music Entertainment Rootkit

• Definition: A controversial DRM system used by Sony BMG.

• Explanation: It prevented users from ripping audio tracks and making backup copies,
and it used a "rootkit" that hid files and processes on users' computers.

• Pros & Cons:


o N/A (Description of a controversial DRM)

51. Criticisms of Digital Rights Management

• Definition: Arguments against the use of DRM.

• Explanation: Criticisms include that DRM is ineffective, undermines fair use, reduces
competition, and can compromise anonymity.

• Pros & Cons:

o Cons:

▪ Often ineffective.

▪ Can limit fair use.

▪ May reduce competition.

o Pros:

▪ (From the perspective of IP owners) - Intended to protect copyright.

52. Online Music Stores Drop Digital Rights Management (1 of 2)

• Definition: The move away from DRM by online music stores.

• Explanation: It discusses the limitations of Apple's FairPlay DRM and how consumer
complaints and pressure from European governments led to its abandonment.

• Pros & Cons:

o N/A (Description of a market shift)

53. Online Music Stores Drop Digital Rights Management (2 of 2)

• Definition: Continuation of the discussion on the shift away from DRM.

• Explanation: It mentions EMI, Amazon, and Apple's decisions to sell DRM-free music.

• Pros & Cons:

o N/A (Continuation)

54. Microsoft Xbox One

• Definition: Microsoft's initial plans for the Xbox One and the controversy surrounding
them.

• Explanation: It discusses the restrictions Microsoft initially proposed for game sharing
and used game sales, and the subsequent backlash that led to them backtracking.

• Pros & Cons:

o N/A (Example of a company changing policy due to public reaction)

55. 4.6 Peer-to-Peer Networks and Cyberlockers

• Definition: Introduction to peer-to-peer networks and cyberlockers.


• Pros & Cons:

o N/A (Transition)

56. Peer-to-Peer Networks

• Definition: Networks where computers connect directly to each other to share files.

• Explanation: It explains how P2P networks allow users to access files on other
computers' hard drives and support simultaneous file transfers.

• Pros & Cons:

o N/A (Description of a technology)

57. Cyberlockers

• Definition: Internet-based file-sharing services.

• Explanation: They allow users to upload and download password-protected files,


supporting collaboration but also making it easy to share copyrighted material.

• Pros & Cons:

o N/A (Description of a technology)

58. Napster

• Definition: A peer-to-peer music exchange network.

• Explanation: It was sued by the RIAA for copyright violations and eventually shut down,
later re-emerging as a subscription service.

• Pros & Cons:

o N/A (Historical example)

59. FastTrack

• Definition: A second-generation peer-to-peer network technology.

• Explanation: Used by KaZaA and Grokster, it distributed its index among "super nodes,"
making it harder to shut down than Napster.

• Pros & Cons:

o N/A (Technological development)

60. RIAA Sued Grokster, Kazaa

• Definition: Legal action taken by the RIAA against file-sharing services and individuals.

• Explanation: It describes the RIAA's warnings to file swappers, subpoenas to Verizon,


and lawsuits against individuals.

• Pros & Cons:

o N/A (Legal history)

61. Huge Jury Judgments Reduced


• Definition: Examples of large jury judgments in RIAA cases that were later reduced.

• Explanation: It cites the cases of Jammie Thomas-Rassert and Joel Tenenbaum, and the
varying court decisions on whether the RIAA had to prove actual copying.

• Pros & Cons:

o N/A (Legal outcomes)

62. MGM v. Grokster

• Definition: A Supreme Court case concerning the liability of peer-to-peer file-sharing


services for copyright infringement.

• Explanation: The Supreme Court reversed lower court rulings, finding Grokster and
StreamCast liable for the infringements of their users.

• Pros & Cons:

o N/A (Legal case)

63. BitTorrent

• Definition: A protocol for faster downloading of large files.

• Explanation: It speeds up downloads by breaking files into pieces and downloading


different pieces from different computers.

• Pros & Cons:

o N/A (Description of a technology)

64. Concept Behind BitTorrent

• Definition: Visual explanation of how BitTorrent works.

• Explanation: It illustrates how BitTorrent uses multiple sources to download pieces of a


file simultaneously.

• Pros & Cons:

o N/A (Visual aid)

65. Legal Action Against the Pirate Bay (1 of 2)

• Definition: Legal actions taken against The Pirate Bay.

• Explanation: It describes The Pirate Bay, its popularity, and the lawsuit filed against
individuals connected with the site.

• Pros & Cons:

o N/A (Legal history)

66. Legal Action Against the Pirate Bay (2 of 2)

• Definition: Outcome of the legal case against The Pirate Bay.


• Explanation: The defendants were found guilty, but The Pirate Bay remained operational
through proxy servers.

• Pros & Cons:

o N/A (Continuation)

67. PRO-IP Act

• Definition: Legislation giving federal law enforcement agencies the right to seize
domain names of sites facilitating copyright infringement.

• Explanation: It led to operations like "In Our Sites," which seized domain names of
websites involved in copyright infringement.

• Pros & Cons:

o N/A (Legal information)

68. Megaupload Shutdown

• Definition: The shutdown of the cyberlocker Megaupload.

• Explanation: It details the cooperation between law enforcement agencies to shut


down Megaupload and arrest its founder for violating the PRO-IP Act.

• Pros & Cons:

o N/A (Legal action)

69. Legal Online Access to Entertainment

• Definition: The shift towards legal online access to entertainment due to piracy.

• Explanation: It discusses how the industry has moved towards streaming models to
compete with piracy, with music and video streaming becoming dominant.

• Pros & Cons:

o N/A (Industry shift)

Okay, continuing from item 70 in the previous response:

70. Online Streaming

• Definition: Accessing audio or video content over the internet without downloading it.

• Explanation: It has become the dominant way to consume music and video, with
services like Spotify and Netflix using subscription models.

• Pros & Cons:

o Cons:

▪ Dependence on a stable internet connection.

▪ Subscription costs can accumulate.

o Pros:
▪ Convenient access to vast libraries of content.

▪ Reduces the need for physical media.

▪ Can provide revenue for content creators.

71. Protections for Software

• Definition: Legal methods used to protect software from unauthorized copying or use.

• Explanation: It includes copyright and patent protection, each with different


implications for software development and innovation.

• Pros & Cons:

o N/A (Introduction to a topic)

72. Copyrights for Software

• Definition: Legal protection for the expression of an idea in software code.

• Explanation: It protects the source code and object code but doesn't prevent others
from independently creating software with a similar function.

• Pros & Cons:

o Cons:

▪ Doesn't prevent others from creating functionally similar programs.

o Pros:

▪ Protects the specific code implementation.

▪ Relatively easy to obtain.

73. Patents for Software

• Definition: Legal protection for the underlying ideas and algorithms implemented in
software.

• Explanation: It can prevent others from using the patented idea, even if they develop it
independently, leading to controversies in the software industry.

• Pros & Cons:

o Cons:

▪ Can stifle innovation by preventing others from using patented ideas.

▪ Software patents can be broad and vague.

o Pros:

▪ Provides strong protection for software inventions.

▪ Can incentivize innovation by offering exclusive rights.

74. Legitimacy of Intellectual Property Protection for Software


• Definition: The debate about whether and how software should be protected by
intellectual property law.

• Explanation: It discusses the arguments for and against copyright and patent protection
for software, considering their impact on innovation and competition.

• Pros & Cons:

o N/A (Discussion of a debate)

75. Open-Source Software

• Definition: Software that is distributed with its source code, allowing users to study,
change, and distribute it freely.

• Explanation: It contrasts with proprietary software and has led to successful projects
like Linux, Android, and Firefox.

• Pros & Cons:

o Cons:

▪ May lack the same level of commercial support as proprietary software.

▪ Concerns about compatibility and fragmentation.

o Pros:

▪ Promotes collaboration and innovation.

▪ Can be more secure and reliable due to community review.

▪ Often available for free.

76. Creative Commons

• Definition: A non-profit organization that provides licenses for creators to allow others
to use their work.

• Explanation: It aims to create a balance between full copyright protection and the
public domain, enabling creators to specify how their work can be used.

• Pros & Cons:

o Cons:

▪ Can be complex to choose the appropriate license.

▪ Some licenses may not provide the creator with the desired level of
control.

o Pros:

▪ Offers flexibility for creators to share their work.

▪ Promotes a culture of sharing and reuse.

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