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Leslie Martin-Freeman Computer Ethics – CIS 324 Assignment # 4 Professor James C. Hardy . 4-1: What are the four factors to be used in deciding whether a use of copyrighted material is a fair use' The four factors to consider in determine whether a particular use is a fair use. They are the following: 1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- uses in nonprofit educational institutions are more likely to be fair use than works used for commercial purposes, but not all educational uses are fair use. 2) The nature of the copyrighted work -- reproducing a factual work is more likely to be fair use than a creative work such as a musical composition 3) The amount and significance of the portion used in relation to the entire work -- reproducing smaller portions of a work is more likely to be fair use than large or essentials portions 4) The impact of the use upon the potential market for or value of the copyrighted work -- uses which have no or little market impact are more likely to be fair than those that interfere with potential markets. 4-2: Summarized the main reasons why the court in the Sony Betamax case ruled that videotaping a movie from television to watch later was not an infringement of copyright. In a lawsuit commonly known as the Betamax case, the Supreme Court determined that the home videotaping of a television broadcast was a fair use. This was one of the few occasions when copying a complete work (for example, a complete episode of the Kojak television show) was accepted as a fair use. Evidence indicated that most viewers were “time-shifting” (taping in order to watch later) and not “library‑building” (collecting the videos in order to build a video library). Important factors: The Supreme Court reasoned that the “delayed” system of viewing did not deprive the copyright owners of revenue 4-3: Describe two technical means of protecting copyright of intellectual property of the web 1) Trademarks 2) Copyright 4-4: What are the two main provision of the Digital Millennium Copyright Act' The treaties have two major portions. One portion includes works covered by several treaties in U.S. copy prevention laws and gave the title its name. The second portion is often known as the DMCA anti-circumvention provisions. These provisions changed the remedies for the circumvention of copy-prevention systems (also called "technical protection measures") and required that all analog video recorders have support for a specific form of copy prevention created by Macro vision (now Rovi Corporation) built in, giving macro vision an effective monopoly on the analog video-recording copy-prevention market. However, the title clarified that the title does not change the underlying substantive copyright infringement rights, remedies, or defenses. The title contains other limitations and exemptions, including for research and reverse engineering in specified situations. 4-5: Give one example where a court ordered a Web site to remove links to another site Google was ordered to take down pictures which were linked to Perfect 10 4-6: List some benefits of free software (in the sense of Section 4.6). Better security Higher performance More frequent bug fixes and enhancements Decreased vulnerability to viruses and malicious code attacks Savings in software costs (licenses and lifecycle costs) Ability to change, modify the software for your needs Reference Baase, S. (2008). A gift of fire: Social, legal, and ethical issues for computing and the Internet (3rd Ed.). Upper Saddle River, NJ: Pearson.