66 keith kupferschmid_presentation

66 keith kupferschmid_presentation

• 1.
  Internet Content, Licensing and Enforcement Keith Kupferschmid Vice President, Intellectual Property Policy & Enforcement Software & Information Industry Association (SIIA) Before Society of Scholarly Publishing November 17, 2004 Who is SIIA? • The principal international trade association for the software code and information content industry • Formed by the merger of the Software Publishers Association (SPA) and the Information Industry Association (IIA) • Over 600 current members SIIA Members 1
• 2.
  SIIA Anti-Piracy Program • Mission: Since 1988, the mission has been to reduce software piracy by taking a balanced approach that includes legislation, education and enforcement. Enforcement • Over 50 companies grant SIIA authority to investigate and settle claims of copyright infringement on their behalf. • On a case-by-case basis, members grant authority to litigate on their behalf. How Does SIIA’s Anti-Piracy Program Work? • About 120 reports a month – AP Hotline: 800-388-7478 – Website: www.siia.net/piracy – Email: [email protected] • About 200 corporate cases • Thousand of DMCA cease and desist letters a day 2
• 3.
  Who is Liablefor Content Piracy? If an organization is using illegal copies of content, the organization may face a civil suit for damages and any profits attributable to the pirated content. (e.g., Lowry Reports v. Legg Mason) 3
• 4.
  Types of ContentPiracy • Corporate Piracy • Internet Piracy – Auction Site Piracy – Bulletin Board Services & News Groups – FTP Sites, Warez, IRC – Peer-to- Peer – Live Data Feed Piracy Combating Piracy • Law • Technology • Education • New Business Models and Contracts Combating Piracy – the Law US Copyright Act TITLE 17 OF THE US CODE: • Automatically protects content from the moment of its creation • Gives the copyright holder the exclusive rights to reproduce and distribute the copyrighted work • Provides for penalties – civil penalties up to $150,000 per title infringed – criminal penalties up to $250,000 per title infringed and jail terms of up to five years 4
• 5.
  Pending Anti-Piracy Legislation •H.R. 3632, Anti-Counterfeiting Legislation • S. 2560, the Induce Act • S. 2237, the PIRATE Act of 2004 • H.R. 4077, the Piracy Deterrence and Education Act Combating Piracy - Technology • Technology – Access Control Technologies – Copy Controls Technologies – Tracking and Usage Technologies • Digital Rights Management – embedded electronic licensing technology (e.g. FLEXlm) – use tracking and usage technologies (e.g., SAMSuite) Combating Piracy - Education • Certified Software Manager Course • Educational Tools • Videos – A Shared Set of Values – It Could Have Been So Easy 5
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  3 Key Questionsfor Enterprises 1. Do I have a problem with content piracy? 2. What is the likelihood that I will be caught? 3. How do I protect my organization from the illegal copying by our employees? Do I Have A Problem? – Have you ever sent an article to someone? – Did you check on rights to do so – Do you think that any employee has ever sent or posted content? – outside the company/outside your license – Does your company have any disgruntled former employees who might report your company? Every company has a problem! What Is The Likelihood That I Will Be Caught? – Software piracy now versus 16 years ago – Public understanding of risk of music piracy – If caught, what will I pay in damages? –Penalties under copyright law –Lowry Reports v. Legg Mason This is a question of risk assessment 6
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  How Do IProtect My Organization From Illegal Copying By Our Employees? • Educate your employees • Become Content Compliant For More Information: Software & Information Industry Association 1090 Vermont Ave, NW, Sixth Floor Washington, D.C. 20005 Phone: +1 (202) 289-7442 • World Wide Web: www.siia.net • Email: [email protected] Thank You 7