Ethics and Copyright
Ethical Questions (Access
Right and Wrong way to use computers?
What information is proper to store?
Who should have access to information?
Credit and the web?
Every transaction is recorded by a
computer--should anyone have access?
Credit ratings? Access?
Traffic records available? Who should
Offenders—should crimes be listed on
How do you know if the information on
the computers is accurate?
How do you know what is there?
Privacy--Laws that protect you
Fair Credit Reporting Act of 1970
deals with data collected for use by
credit, insurance, and employment agencies
gives individuals the right to see
information maintained on you
if denied credit, have right to see
the files used to make the credit determination
if anything incorrect, right to have
restricts who may have access to your
file--only by court order or the permission of the individual
Privacy Act of 1974
restricts way personal data may be
used by federal agencies
have access to data about them and have the right to correct anything that
agencies must insure security and
confidentiality of sensitive information
Financial Privacy Act of 1978
requires government authority to have
a subpoena, summons, or search warrant to access an individual’s financial
when released, the financial
institution must notify the individual who had access to their records
Privacy Act of 1986
Crime to access electronic data
Prohibits the unauthorized release of
Virginia and Computer Issues
Virginia Computer Crimes Act
Defines computer fraud
Defines computer trespass
Defines invasion of privacy by
Defines theft of computer services
Defines forgery by computer
Provides for civil relief, damages, and
Code of Virginia, Article 7.1, Section
Includes all parts of the Virginia
Computer Crimes Act
Sets penalties ranging from a
misdemeanor to a class 6 felony
Easy to duplicate
Illegal copies--serious problem for
Industry has taken proactive stance
raids on businesses and educational
seek fines and destroys reputations
Interference with or destruction of
Electronic Communications Privacy Act
makes hacking a federal offense
program with instructions that
destroy data on a specific command (date, keystroke, time)
duplicates each time software is
Computer crime costs billions yearly
Who is responsible?
How can these crimes be policed?
Why is education a targeted area?
Confusion of publishing fair use and
software use--who should know?
What is the penalty for school
divisions in violation?
Copyright Infringement (Fair Use)
Where does software fit in the
Do Fair Use in Print rules apply
to software and the Internet?
Doctrine that permits courts to avoid
rigid application of copyright statute
Allows use of portions of a copyrighted
Purposes of criticism, comment, news
reporting, teaching,…scholarship, or research."
for summary of software issues
Four Factors of Fair Use
Purpose or character of use (commercial
or nonprofit educational purpose)
Nature of the copyrighted work
Amount and substantiality of the
portion used in relation to total work
Effect of the use upon potential market
value of the work *Most Important
Multi-media Fair Use
Agreement between higher education
and performance media (CCUMC Multi-Media Guidelines)
Details three areas
permitted use for students
permitted use for educators
peer conference permitted use
Fair Use—Internet and
Educators have the right to public
performance and display for face to face instruction
Capture for instruction over time
Produce for a specific course
(computer generated product with presentation controlled by computer)
Perform/display in course created
Use in portfolio (academic work,
position applications, graduate school interviews)
Instruction in multi-media
Curriculum based instruction
face to face activity
remote instruction on a secure
network (NOT Internet)
Workshops and conferences
Student--only during class but can be
retained for portfolio
Educator--only for teaching
activity (maximum of 2 years) no limit
for retention in portfolio
Limitations of Source
10% or 3 minutes (whichever is
10% or 1000 words (whichever is
250 words or less or entire poem
no more than 3 poems per poet
no more than 5 poems per Anthology
Numerical Data Sets
up to 10% or 2500 fields or cells
(whichever is less)
Illustrations, Photographs--10% or 15
images (whichever is less)
No more than 5 images for a single
Copying and Distribution
No more than 2 use copies
One of which may be placed on reserve
One preservation copy
Used to generate replacement if
one of 2 original copies fail
Guidelines Do Not Apply
Producing for commercial (sale) use
Replicating beyond copy limits
Distributing copies to others
Producing for use beyond your
Transmitting over electronic networks
Contemplating a future use that
results in wider distribution
Easy to copy electronically
Piracy of software major problem in
Adds to expense of developing, testing,
marketing and supporting software
Industry has responding by
"raiding" business and educational institutions
Options for Use
Licensing--giving it out for a fee $$$
Shareware--giving it out for small fee,
"try before you buy honor system"
Freeware--giving all up, keeping
little, retain copyright
Public Domain--release, no copyright
Web Issues-- Online ethics
Content--can others use you source code
Is Web Whacking a site a violation?
Design--can they borrow your page
Is saving source code to your hard
drive a violation of copyright?
Is reusing HTML source code on your
page a violation of copyright?
Filtering--firewall software to protect
from dangerous material
What does the
filtering software do?
How does it fit with
First Amendment rights?
Can you link to anyone? Can they link
Do you have to get permission?
Implied Public Access
Web presence implies desire to link
Yet to be litigated
Tell site you are linking to them
Remove link if objection
Pages created with elements from
different web pages
Elements are linked in
Page is series of links to other
sites and servers
Ethics and the Web
Do we own information?
Will control of information become a
factor in world events?
Can manipulation of data result in
detriment to society?
Compensation and creativity--must
International flavor of web makes
copyright law difficult--no boundaries
Ethics and Technology
Rights of owners of intellectual
property vs. rights of society
Notions of property, value, ownership,
and wealth are changing fundamentally
Relationship to the marketplace
loyalty of users to a particular
unique quality of software
Chang, et. al., "Intellectual
Property in the Information Age". http://homepage.scas.upenn.edu/~cpage/cis590/#1.1
"Bleeding Edge: Software
"Bleeding Edge: Fair Use." http://benedict.com
"Bleeding Edge: Web Issues." http://benedict.com
Roblyer, M. D. and Edwards, Jack.
Integrating Educational Technology into Teaching. Columbus, Ohio,