CyberRegs: A Business Guide to Web Property, Privacy, and Patents

Rating:
Summary: The other side of CI
Review: Although CyberRegs has a much wider audience, my perspective of this book is that of a competitive intelligence specialist. The four topic areas covered, from a CI specialist's point of view are illuminating.

The first two topics, copyrights and patents, are the foundation of intellectual property and by extension, corporate and shareholder value. The author's discussion of both copyrights and patents expose loopholes that can work for or against you, depending on which side you are on. One theme the author repeatedly addresses is the fact that copyright and patent law is lagging behind the technology. He cites numerous case studies, all of which you will either applaud or condemn depending on which side of the issue you happen to be. As a CI specialist who engages in "white ops" (collection of competitive intelligence using legal methods), I was somewhat dismayed by aspects of the Digital Millennium Copyright Act (DMCA) because it draws legal boundaries that didn't previously exist. The CI community needs to be aware of this particular law because what was heretofore "white ops" may fall under black ops (illegal intelligence gathering) under the provisions of the DMCA.

The more technical topics, electronic signatures and privacy, are presented in the same balanced and thought-provoking way as copyrights and patents. Having recently read Bruce Schneier's SECRETS & LIES I had some insights into the technical aspects, but the nuances that Mr. Zoellick brings to these topics makes for compelling reading. He manages to raise thorny issues and provide answers from both sides of the issue.

Overall this is an invaluable book that should be read by anyone who seeks to understand the current state of intellectual property laws, the challenges imposed by the connected world, or how the laws and challenges combine to change the playing field. As stated above, the DMCA alone will have wide implications in my profession, and is certain to affect business operations and corporate policy in far ranging ways.

Rating:
Summary: The other side of CI
Review: Although CyberRegs has a much wider audience, my perspective of this book is that of a competitive intelligence specialist. The four topic areas covered, from a CI specialist's point of view are illuminating.

The first two topics, copyrights and patents, are the foundation of intellectual property and by extension, corporate and shareholder value. The author's discussion of both copyrights and patents expose loopholes that can work for or against you, depending on which side you are on. One theme the author repeatedly addresses is the fact that copyright and patent law is lagging behind the technology. He cites numerous case studies, all of which you will either applaud or condemn depending on which side of the issue you happen to be. As a CI specialist who engages in "white ops" (collection of competitive intelligence using legal methods), I was somewhat dismayed by aspects of the Digital Millennium Copyright Act (DMCA) because it draws legal boundaries that didn't previously exist. The CI community needs to be aware of this particular law because what was heretofore "white ops" may fall under black ops (illegal intelligence gathering) under the provisions of the DMCA.

The more technical topics, electronic signatures and privacy, are presented in the same balanced and thought-provoking way as copyrights and patents. Having recently read Bruce Schneier's SECRETS & LIES I had some insights into the technical aspects, but the nuances that Mr. Zoellick brings to these topics makes for compelling reading. He manages to raise thorny issues and provide answers from both sides of the issue.

Overall this is an invaluable book that should be read by anyone who seeks to understand the current state of intellectual property laws, the challenges imposed by the connected world, or how the laws and challenges combine to change the playing field. As stated above, the DMCA alone will have wide implications in my profession, and is certain to affect business operations and corporate policy in far ranging ways.

Rating:
Summary: You don't have to be a lawyer to appreciate CyberRegs
Review: As book titles go, CyberRegs: A Business Guide to Web Property, Privacy, and Patents sounds uninteresting. Fortunately, what the book lacks in flashy titles, it makes up in interesting content. CyberRegs is an engrossing and sometimes angry look at the perverse nature of patent law.

When many people think of the Internet and e-commerce, they think of a series of open and non-proprietary standards that enable computers to speak networking Esperanto. As the book shows, that does not necessarily jive with reality. Many companies have tried to homestead on pioneering technologies and use them to gain a lock on the market. Author Bill Zoellick cites numerous cases -- many still in litigation -- to illustrate this point.

The book starts with a brief background of the nature of copyright and patent law and doesn't assume any type of legal background or expertise. Zoellick's writing style is easy going but to the point, and he accomplishes his goal of examining the disruption and instability that the Web has introduced into the world of intellectual property.

Zoellick looks at the Web from many different perspectives, from business and legal to technological and political. While some may think they don't need a book about Internet law and regulations, the reality is that, for any organization doing business on the Internet, there exists the strong possibility that they may be infringing on someone else's intellectual property rights.

One of the most controversial issues that the book looks at is one-click patents issued to Amazon.com. The one-click patents preclude any Internet business that has not licensed the technology from Amazon.com from enabling their customer's to complete their purchasing experience with a single mouse click. The question of whether one-click is even patentable is a controversial one. Those who say it is, feel that Amazon.com is protecting a vital business asset. Those who don't support it say that it only serves to stifle productivity. Zoellick gives numerous other examples.

CyberRegs also goes into such issues as digital signature and privacy. Zoellick does not take sides, but provides a fair-minded look at the debate between greater and lesser control of privacy and the Internet. The book also tackles such controversial topics as the Digital Millennium Copyright Act, Napster and DeCSS.

In part 3, Zoellick provides an excellent overview of digital certificates. He goes into detail on the parameters around the groundbreaking E-SIGN (Electronic Signatures in Global and National Commerce) act. Many have complained that E-SIGN is extremely light on details and specifics, which it is.However, Zoellick says that with E-SIGN, Congress took the approach that we don't really understand how to do business on the Internet so issues surrounding authentication of electronic signatures are not necessarily easy problems to solve.With that, Congress restricted government action to the parts of the problem where they are directly involved and required.Congress recognized that for any effective solution, markets need time to develop and patience is required. Although this approach is hard when dealing with Internet time, it is nonetheless necessary.

You don't have to be a lawyer to appreciate CyberRegs. Anyone who wants to have a business presence on the Net should read this book so as not to get involved in a legal tussle. While John Grisham may own the legal fiction market, CyberRegs is as close to a non-fiction legal thriller as you can get.

Rating:
Summary: A surprising must-read, even for technical people
Review: I am a senior engineer for network security operations who frequently reviews technical books. I was hesitant to read "CyberRegs," given its "Business Guide" subtitle. Noticing the book mentioned controversial topics like the Digital Millenium Copyright Act (DMCA), Napster, and the DeCSS case, I decided I'd give "CyberRegs" a try. That proved to be a wise decision, and I strongly recommend this book to anyone worried about the future of the Internet.

The book is exceptionally well-written, with a clear style and a welcome lack of typos (gasp). In a former life I read plenty of boring, repetitive policy books, but I had no trouble digesting "CyberRegs."

The book is arranged around the themes of copyright, patents, electronic signatures, and privacy. "CyberRegs" gives both sides of each argument, but wisely includes the authors own helpful opinion. (I was pleased to see the author share many of the security community's views on the DMCA, Napster, and so on.) Because Zoellick presents balanced arguments, readers will understand the opposition's complaints and can more effectively counter them.

"CyberRegs" was written to help business people engage in the debates and legislation shaping the Internet. Along the way the reader gains a solid historical understanding of how we arrived at the current state of affairs. Would you believe that software or business methods weren't patentable until recently? Would you believe the United States was the world's most egregious intellectual property pirate until 1891? Given this background, readers gain a sense of why policies developed, and how one can help influence the present and future of the Internet.

I found no major weaknesses in this book or its arguments, but I have two technical/security comments. First, "Web bugs" can be used to transfer more information than an IP address; some use "Web bugs" to validate email addresses. Second, giving customers access to data collected by businesses opens bigger doors for malicious hackers to manipulate that data. Readers may share these concerns, which the author doesn't address.

"CyberRegs" seems marketed as a "business guide," and speaks in part to "business people." As a technical person, I gained the knowledge needed to better defend my opinions on copyright, patents, electronic signatures, and privacy. Technical staff looking for the "why" of state of the Internet will probably love this book -- I certainly did!

(Disclaimer: I received a free review copy from the publisher.)

Rating:
Summary: A must read for all business people who use the Internet
Review: Laws relating to patents and copyrights are always moving targets, but at this time they are running on jets. The speed with which technology is changing how we use things has left the legal system struggling to understand, much less keep up. However, it is a critical part of our society at large, as well as how we do business now and in the future. Therefore, all citizens need to understand the basics of the law and it is unconscionable that anyone in business would not understand the rules of copyrights and patents to a high degree. Yes, it is possible to hire lawyers, but they are expensive and cannot be with you every moment of the business day.
This backdrop serves to demonstrate how critical this book is to the management of the modern business. Since an Internet presence that allows for interaction is nearly mandatory, this could be the most important book you read this year. It already has a place on my best books of the year list for 2002. What makes the book so impressive is that the author pounds home the point that copyrights and patents are not fundamental rights, but are in fact derived under the basic notion of the common good. They are designed to encourage the creators of new things to make them available for the general society, while reserving certain key aspects for the inventors. The case involving the music swapping company Napster is examined in detail without a step up on a virtual soapbox. Zoelick also recapitulates the famous legal case over the video cassette recorder, which went all the way to the Supreme Court, where the decision turned out to be a sensible one.
The end result of that case should provide all of us with an object lesson concerning new technologies. It is clear that fighting the new technologies is at best a holding action rather than an effective long-term strategy. The best solution is simply to ferret out the best ways in which your business can open new markets and profit from the changes. Yes, changes in copyright law take many years to resolve, but in the end, the market and society will get the greatest good, which is the way it must be.
This is a book that should be required reading of anyone in business who makes decisions concerning intellectual property. In fact, some of the chapters are recommended for any citizen concerned about how our society is changing, as the effective resolution of these issues may have a dramatic affect on our economy.

Rating:
Summary: Complete IP primer for e-commerce
Review: This is a complete primer on intellectual property and its value to the enterprise. Key issues that are addressed include:

Digital Millennium Copyright Act (DMCA)- this is probably the most important discussion in the book because it continues to be controversial.

Complete discussions of all aspects of intellectual property law as it pertains to cyberspace. The clarification of the protections afforded to patent holders that are not given to trademark holders is invaluable. In addition, I learned much about the value of patents and how a business model can be developed around patents alone. I particularly liked the discussion of patent ownership (employee inventor vs. company to which the patent was assigned). This alone makes the book worth reading.

Case studies - many of the case studies which are used throughout the book focused on pending court cases when the book was published. Many have now been resolved, the resolution of which open more questions and further cloud issues. I'd like to see an update or second edition that provides closure.

Excellent introduction to technical issues. The author has a knack for reducing the key elements into easy-to-understand chunks of information that teach non-technical readers quite a lot about technology.

If you buy one book on intellectual property law from a cyber-business perspective, this is the one to get.

Rating:
Summary: Excellent treatment of a very important topic
Review: This is one of the most important books I've read because it clearly explains intellectual property laws, and how those laws affect all of us, regardless of whether our frame of reference is e-commerce or off-line business.

It starts with an introduction that in five short pages sets the essence of the web in a clear context. If you are like me and normally skip introductions, do yourself a favor and read this one.

The four parts of this book cover copyright, patents, electronic signatures and privacy. Each topic area is part of a mosaic that contains related elements that are not always grouped together (i.e., those concerned with intellectual property may not care about privacy). However, these four parts comprise the source of challenges and opportunities for the "connected" world.

Instead of a blow-by-blow description of each part or chapter I am going to address what I liked most:

(1) The history and concepts of each topic are woven into the factual narrative and insightful analysis provided by the author. Each topic is reinforced by court cases, many of which are still ongoing or not completely settled. After you've finished each of the parts you will have a keen understanding of the issues and challenges of copyrights, patents, electronic signatures and privacy. I especially liked the way the author sorted out the complexities of the Digital Millennium Copyright Act and current patent law, and the balanced reporting of strengths and weaknesses of these.

(2) The opportunity to make money off of a business that has as its sole product patents is fascinating. The discussion of Walker Digital's business model is bound to have an impact on the entrepreneurial reader. I also thought that Chapter 3, Control Put into Practice, was excellent because it describes how the author's company was forced to change its business model based on customer demand and opportunities seen by going to electronic distribution. The way challenges and threats were handled is excellent reading and encompasses legal and technical considerations.

(3) The balanced view the author brings to the good and bad of intellectual property laws, electronic signatures and privacy will keep you focused on the issues instead of succumbing to the temptation to polarize one way or the other (and it *is* a temptation to take one or the other sides). Moreover, the writing is excellent and at times witty. It is also filled with deep analysis and fact.

I came away with a deeper understanding of intellectual property laws, an appreciation of the challenges faced by lawmakers and courts, and the ability to see polarizing issues from many points of view. I also came away with some keen insights into how the web has changed things, and the excitement of the opportunities that [current] intellectual property laws and the web combine to open opportunities.