"Copyright / Trademark / Patent" Essays

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NBA Properties, Inc. V. Kris John Gaunt Article Review

Article Review  |  4 pages (1,051 words)
Bibliography Sources: 2

SAMPLE TEXT:

NBA Properties Inc. v. Kris John Gaunt

Factual Summary

Kris John Gaunt (Defendant) filed Trade Mark application (number 728289) with the Australian Registrar of Trade Marks on 20 February 1997. Defendant sought registration of "a cartoonlike representation of a dinosaur stepping past a circular device and holding a pizza in its left paw. The words RAPTOR PIZZA boldly feature and surround the dinosaur character." The mark is strikingly similar to the logo of the Toronto Raptors basketball team, whose logo and merchandizing rights are owned by NBA Properties, Inc. (Plaintiff). Plaintiff filed a timely notice to oppose registration. The grounds of opposition allege:

Defendant's trade mark violates of section 42 of the Trade Marks Act 1995,

regulating copyrights;

Plaintiff, and not Defendant, owns the application mark pursuant to section 58 of the Act; and

Use of the application mark would be likely to cause deception and confusion as defined in section 60 of the Act and that Plaintiff has a reputation in this trade mark.

Plaintiff filed a single declaration in support of its opposition and was represented by local counsel at the hearing. Defendant had filed no evidence in support of his application and was not present or represented at the hearing.

Issues Before The Court

Plaintiff's opposition contends three violations of the Act which separately and collectively warrant rejection of Defendant's application. These alleged violations form the bases for the issues.

Issue 1: Violation of Section 42 (Copyright) of the Trade Marks Act 1995

Issue 1a. Under section 1263 of the Copyright Act 1968, does a copyright presume to subsist in work if the defendant does not put in issue the subsistence of the copyright. If so, under section 184 of the Copyright Act 1968 (as well as regulation 4 of the Copyright

International Protection Regulations which requires the Australian Copyright Act to find that, for purposes of litigation, works first published in the U.S.A. are to be treated as if they were first made and published in Australia), is plaintiff presumed to be the owner of the copyright pursuant to section 42 of the Trade Marks Act 1995 if s/he claims to be the owner and the defendant does not dispute that claim?

Issue 1b. If both of the above are answered in the affirmative does this confer upon the Registrar jurisdiction to determine that defendant's application should be rejected based on this section?

Issue 2: Violation of Section 58 (Ownership) of the Trade Marks Act 1995

Issue 2a. Under Section 58 of the Trade Marks Act 1995, is an applicant precluded from claiming proprietorship of a trade mark if that claim depends on a breach of the law, to wit: the defendant's mark is a copy of the mark previously created and owned by defendant.

Issue 2b. Further, does the failure of the applicant to respond to the allegation of breach require that the Registrar find that the applicant has no proper claim.

Issue 3: Section 60 (Prior Reputation) of the Trade Marks Act 1995

Is… [read more]


Education Intellectual Property Thesis

Thesis  |  2 pages (612 words)
Style: APA  |  Bibliography Sources: 3

SAMPLE TEXT:

Education

Intellectual Property

Almost every operational aspect of a telecommunications-based educational network creates important intellectual property issues. Many organizations do not consider copyright issues until forced to do so by litigious copyright owners; controversies frequently arise upon discovery of a lucrative aftermarket for copyrighted works. Institutions that are involved in the telecommunications distribution of educational or instructional programming will be better off by anticipating and planning for such issues rather than dealing with them on the backend (Salomon, n.d.).

Copyright law provides a general framework in which to determine the ownership of various intellectual property rights. Even though the law regarding general interest programming is relatively established, complex questions concerning copyright ownership arise when tele-courses integrate live lectures and preexisting materials. The right of ownership is further clouded when people record programs for tape delayed viewing (Salomon, n.d.). Things really get cloudy when the idea of distance learning is involved.

The TEACH Act offers clarification and expansion of privileges in regards to distance learning. This Act, when coupled with the application of fair use, makes things a lot easier for distance learning providers, faculty, and students. Highlights of the TEACH act as it applies to distance learning are as follows:

One requirement is that qualifying institutions have copyright policies in place, that they provide information and education about copyright and provide notice that materials may be protected by copyright

There must be application of reasonable technological measures that prevent distance learners from retaining copyright materials beyond class applications and prevent unauthorized distribution

Performance and display of copyrighted materials must be a regular part of the class activities and directly related to class content. Instructor are to be the ones that direct or supervise the performance or display and the use must be technologically limited to only students who are enrolled in the class (Bruwelheide, 2010).

In…… [read more]


Purchased the Book Engineer in the Courtroom Term Paper

Term Paper  |  4 pages (1,317 words)
Bibliography Sources: 0

SAMPLE TEXT:

¶ … purchased the book Engineer in the Courtroom at your local bookstore. Why may you sell it to a peer without violating the owner's exclusive right to distribute the work? What principle governs your answer? Could you make a translation of the work? Discuss.

The author's copyright in the work covers only the intellectual expression of his ideas in a fixed medium; in this case, that fixed medium is the book. The author does not have any copyrights or other ownership rights in the physical medium in which his ideas are fixed.

Distribution in the context of copyright issues relates to the process of reproducing additional copies of the work, not to the transfer of ownership of the fixed medium. Anyone with legal possession of a book (i.e. As opposed to where a book is stolen or where physical ownership is otherwise disputed) may sell, transfer, or give that book to anybody else without raising any copyright infringement issues from that type of transfer.

A translation into another language is a derivative work and it must be authorized by the original copyright holder before any such derivative work can be distributed. However, where the purpose and character of the translation relates to the private educational use of the translator and where it does not have any likely effect on the market of the original work, the translation would likely satisfy the fair use doctrine.

Therefore, making a single translation of the work without distributing it or making any commercial use of it is probably allowed under fair use; distributing, selling, or commercially using additional copies of the translated derivative work would be an infringement of the author's intellectual property rights.

Question 2. 17 employees of the Gregg Corporation are enrolled in a company leadership program. As a part of the training class, Gregg hires Paul Photographer to take a picture of the group so each person can have a keepsake. However, the company is closely watching its expenditures, so it only orders one picture from Paul, and then it goes to Wal-Mart to make 17 copies for the employees in the class. Next, the HR manager scans the original picture and places it on the company web site. Are there any copyright problems here? If so, what are they are who is responsible for any potential violations?

The photographer owns the copyright in the photograph. Therefore, Gregg Corporation may only make "personal" use of the photograph, such as by blowing it up and displaying it in their office. Gregg Corporation may not reproduce the photograph by making additional copies of it and doing so violates Paul Photographer's exclusive copyright even before an of those copies is actually distributed in the manner described.

In the event that the customer does make unauthorized copies, the customer and Wal-Mart are both jointly and severally liable to Paul for this unauthorized use and copyright infringement.

Naturally, since mere duplication of the photograph already constitutes a copyright infringement, any subsequent commercial use of the… [read more]


Illegal Downloads: Ethics and Technology Thesis

Thesis  |  7 pages (2,424 words)
Style: APA  |  Bibliography Sources: 8

SAMPLE TEXT:

Ethics and Technology: Illegal Downloads

Analyzing the Ethical Responsibility of Illegal Music Downloads

and Copyright Infringement

Serving as the catalyst of the debates, litigation and ongoing legal precedents that seeks to define the ethical responsibility for illegal music downloads and copyright infringement is 17 U.S.C. § 106(3) which defines the exclusive rights in copyrighted works. This law is also referred… [read more]


Legal Issues in International Web Marketing Thesis

Thesis  |  2 pages (787 words)
Bibliography Sources: 3

SAMPLE TEXT:

Legal Issues in International Web Marketing

An Internet domain name is an alphanumeric name given to a web site for identification purposes. In the beginning of the Internet the registration of domain names was done on a first come first serve basis, and in a lot of countries is still done that way today. People could register any domain name that they wanted, regardless of whether it infringed on a trademark holders rights or not. Since the Internet has come to play such an important role in the way that we do things, the issuance of domain names has become a hot issue that has led to some initiatives being developed to help protect the rights of trademark holders. The first thing that was done was that all of the key Internet players got together and adopted the Generic Top Level Domain Name Memorandum of Understanding (gTLD MOU). The purpose of this was to set up a world wide system for allocating domain names while lending more simplicity and accuracy to the entire process (Fitzgerald, Gamerstsfelder, & Gulliksen, 1998).

Because of the ever growing usage of the Internet in all countries around the world it is becoming even more difficult to protect trademarks, copyrights and intellectual property rights.

Every country has its own rules and regulations surrounding a domain dispute which makes it very difficult to protect corporate identities on the Internet. Not only do most countries require that the complainant bear the burden of proof in domain name cases, but they must do it in the native language of the country in which the complaint is being filed. These rules are very different than those that have been set forth by the International Corporation for Assigned Names and Numbers (ICANN), domain dispute resolution policies. These rules specify that complaints attempt to be settled through an administrative process before escalating to a legal process. A complainant must prove the following in an administrative proceeding: that their domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights, that the other party has no rights or legitimate interest in respect of the domain name and that their domain name has been registered and is being used in bad faith (Warholic, 2009).

In Brazil, registration of domain names is handled by the FAPESP (Sao Paulo State Foundation…… [read more]


Illegal File Sharing Essay

Essay  |  4 pages (1,381 words)
Style: MLA  |  Bibliography Sources: 3

SAMPLE TEXT:

¶ … Sharing

The issue of illegal file sharing is complicated. Many different issues come into play. One that has not received a lot of attention is with regards to the prosecution of offenders. Thus far, the task of enforcing intellectual property rights that have been violated as a result of illegal file sharing has been left to the victims. The government has not enforced the existing laws, preferring that the Recording Industry Association of American (RIAA) sue file sharers in civil courts. The association has been forced to sue these individuals at a rate of approximately 400 per month (Lake, 2004). What does not make sense is why this task has been left to the industry to deal with. Yes, the industry is losing money because of illegal file sharing. Major record labels shed some 5000 jobs between 2000 and 2006 because of illegal file sharing. Album sales have completely collapsed. Investment in new artist development has dwindled. The industry has been forced to take this action in civil courts to recoup some of the damages it has suffered. They should not have to do this on their own. The government should prosecute individuals who engage in illegal file sharing.

But in truth, it should not fall to the industry to enforce the laws of the land. We need to be clear about the nature of illegal file sharing. It is against the law for a reason. We have developed a system of intellectual property rights because we, as a people, believe that a person's creative output has value and that this value should be protected. In fact, intellectual property rights are considered a foundation upon which a proper market economy can grow. If those rights do not exist, individuals and companies will be less likely to invest. To encourage investment, we need to protect intellectual property - patents, trademarks, written works and works of art. This is why we have laws protecting intellectual property. When a person creates something, it is their property. They alone have the right to market it and make money from it. What illegal file sharing does is it takes that right away from the creator.

Ordinarily, if one party takes something from another party, it is considered theft. This ties back to the very definition of the word 'property'. Files of all type - songs, movies, images, programs - these are all forms of intellectual property. What is sometimes forgotten in this discussion is that the intent of the law is that all property is subject to protection. Yet, intellectual property is not afforded the same protections. If somebody comes into your house and steals your stereo, they are subject to criminal prosecution. The police would never tell you to deal with it yourself in civil court. Yet, that is exactly what is happening with illegal file sharing. Musicians, programmers, moviemakers - all of them are being told that they must deal with the theft of their property on their own. This is… [read more]


Intellectual Property Term Paper

Term Paper  |  2 pages (773 words)
Style: APA  |  Bibliography Sources: 3

SAMPLE TEXT:

Intellectual Property

Is the concept of this paper intellectual property? It may seem a strange thing to suggest, but the definition of intellectual property is often just as nebulous. These different interpretations lie at the core of the confusion and the controversies over what is and what is not within this domain. The first, is intellectual property properly property at all (Smith 20007)? The legal definition of property can cover anything from perceptible objects like land, houses, cars, motorbikes, etc. To certain intangibles like debts and domain names. But intellectual property for the most part is information and preventing people from using information, given the ease of attaining it via the penultimate source of the World Wide Web, has become rather difficult (Smith, 2007). One of the most interesting paradoxes is that such a complex subject full of legalese and conundrum could be attracting so much public attention recently. But now that intellectual property has risen in value to billions of dollars in some instances, the public is sitting up and taking notice (Vaidhyanathan, 2005).

Where is the cost and value derived for intellectual property? "Although information itself is a public good and once known would be consumed at zero marginal cost, discovering and making information useful requires inputs that are rival and are susceptible to efforts to exclude" (Smith, 2007, p.1751). And then there is the time honored, at least in some countries, use of copyright and/or trademark to create incentives for those "idea" men or women to be able to create something that will have future marketable value.

Other intellectual property regimes, like copyright, focus more on creation, and still others, like trademark, are more concerned with commercialization than with creation Yet all of these regimes reflect a concern that, in their absence, people will have too little incentive to engage in certain activities with respect to information, whether discovering it, commercializing it, or using it to lower consumer search costs. (Smith, 2007, p. 1747)

So Intellectual property has actually be around for some time, but generally speaking it has not been viewed as it is now, separated from its tangible outcome. Viewing intellectual property in this isolated form has been the source of most of the controversy. While certain information, say that in a Shakespearean play is, by and large, enjoyable by anyone,…… [read more]


Boston Athletic Association (Baa) Registered the Name Term Paper

Term Paper  |  2 pages (580 words)
Bibliography Sources: 0

SAMPLE TEXT:

¶ … Boston Athletic Association (BAA) registered the name "Boston Marathon" on the Principal Register and sought to enjoin Sullivan's use of the name "Boston Marathon" on T-shirts Sullivan was selling. Sullivan argued that the Boston Marathon was sponsored by the BAA for the general public, which entitled him to use the name "Boston Marathon" on the T-shirts. However, when Sullivan became an individual vendor he ceased to be a member of the general public. He was not seeking to use BAA's service mark as a consumer, but as a vendor competing with the sale of BAA's official products. Because trade and service marks exist to prevent confusion about the source of products, Sullivan's competing use of the mark is prohibited under trademark law.

Fox used 27 seconds of James Brown footage without formally obtaining permission to do so when making the movie The Commitments, and sought a determination of whether doing so violated copyright law. There are certain situations where the general public is entitled to use portions of copyrighted material, but those situations do not apply when the copyrighted material is used for the financial gain of the user. Because of the financial gain, the fair use issue could only be resolved by looking at two issues: competition and creation. Fox was not competing with James Brown or his sales; instead, the footage used may have had a stimulating effect on Brown's sales. Furthermore, the footage was used to create a movie, which was not only a different work or art, but also a different type of art, than the footage used. Therefore, Fox's use of the Brown footage in The Commitments did not violate copyright law.

14. American Eagle (AE) creating a catalogue that was extremely similar…… [read more]


Piracy in the Video Game Term Paper

Term Paper  |  4 pages (982 words)
Bibliography Sources: 1+

SAMPLE TEXT:

The ISP will then typically notify the seller and ask them to either remove the stuff or close down completely."

The U.S. music, movie and software industries have called for the United States to begin legal action against nations that are major sources of piracy at the World Trade Organization (WTO) to stop widespread piracy they said cost them at least $2.5 billion in 2004 (Reuters, 2005).

Major piracy rings are large in countries like Taiwan and China. However, these countries are now obligated, under WTO rules, to outlaw piracy and crack down on it. In an effort to meet standards, these governments are forced to tighten controls and restrictions on piracy. This will undoubtedly have a positive impact on the video game industry.

Video game companies can effectively prevent the vending of mod chips in the United States, and are currently patrolling the Internet, sending out cease and desist letters to those offering the chips for sale. As a result, the companies that people can order the mod chips from are usually based outside of the United States,

Console piracy is a global industry, and the only way to fight it is with a global approach (Kent, 2003). When game companies describe the battle against piracy, they constantly mention Korea, China, and Singapore. Most agree that local authorities are helpful in shutting down bootleggers, but that the industrialized nations have the best laws for fighting piracy.

"The mod chip penetration rate does not scale here the way it does in other countries," says Stevan Mitchell, Interactive Digital Software Association vice president of intellectual property policy (Kent, 2003). "We have seen new accounts that suggest in Hong Kong, for example, between 80 and 90% of the Xboxes that are made available in storefronts have been pre-modded for sale in those markets. It's an academic issue relegated to copyright office proceedings in this country, but it is a very real economic issue in Asia, and it's a growing issue in Latin America as well."

The notice-and-takedown model serves as a model for other countries (Kent, 2003). However, it is part of an effective enforcement regime, but it's not a complete system. Still, it is a good start for less developed nations. Copyright and trademark are effective enforcement weapons, as people who pirate games copy a trademarked name or logo. However, countries must have laws in place to punish offenders.

Using copyright laws is effective, although it is important to note that litigation is a slow and thorough process (Kent, 2003). Notice and takedown serves as a more logical and quick approach. Still, a global alliance against piracy is a clear need for the future and hopefully countries will unite to prevent future crimes.

BIBLIOGRAPHY

Kent, S. (July 3, 2003). Console Piracy: Poking Holes in Good Systems. GameSpy.com.

Kent, S. (July 19, 2003). Video game giants battle a mutual enemy: pirates. Chicago Tribune.

Reuters. (February 10,…… [read more]


Organizational Emerging Ethics Emerging Codes Term Paper

Term Paper  |  3 pages (1,002 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Some areas where e-commerce businesses are struggling to understand how intellectual property rights will be handled under U.S. And international law include, for example, when is a hyperlink from one site to web pages within another site illegal? In other words, if one wishes to include a link on an organizational website to another page, because a newspaper has praised its employee compensation package, is it illegal to do so without permission? Legally or not, it is clearly within the organization's interest at present to request and receive such permission to avoid potential legal conflict. ("Intellectual Property on the Web," 24 May 2004)

Another important issue to consider is when is a domain name or a reference a trademark infringement -- in other words, avoid the use of references to, something like, 'our organization offers no McJobs,' or a site name that might sound like an already existing name like EBAY for a boat store going 'online' with its products, etc. Again, even though such issues may currently be contentious legally, the costs to the organization in such murky legal issues stress that the organization err upon the side of caution.

It is in the interests of business to ensure that before laws become set in stone, an organization's own website and use of technology does not infringe upon other trademarks, that an organization consults before hyper linking to outside web pages, and that all information and privacy is verified with the 'sharing' party. While the most obvious business issues usually relate to trademark infringement, also business practices on the web, as disseminated through informational content may be protected and one must be careful that the site design does not infringe upon this either. To make only one example, Amazon.com recently patented a "method and system for placing a purchase order via a communications network, known as a one-click purchase," on their website.

The instinct in business is to take advantage of a situation and an opportunity when it presents itself. However, in this case, those who go the farthest ultimately may pay a harsh price. Better to contribute to the collaborative environment of information sharing with proper citation and a respectful consultation with authors of other sites, than to pay the costs of legal fees later on, even if one is judged to be in the right. Lastly, innovation rather than copying other designs and gimmicks is ultimately more memorable, as well as more legal.

Works Cited

Business Method practices." (2004) Digital Enterprise. Retrieved 24 Jan 2005 at http://digitalenterprise.org/ip/patented_models.html

Fischer, William. (2000) "Intellectual Property in Cyberspace." Online law Course site. Retrieved 24 Jan 2005 at http://cyber.law.harvard.edu/property/index.html

Intellectual Property on the Web." (24 May 2004) Retrieved 24 Jan 2005 at http://digitalenterprise.org/ip/ip.html… [read more]


Intellectual Property No, I Do Not Believe Term Paper

Term Paper  |  1 pages (310 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Intellectual Property

No, I do not believe that the anti-circumvention provision should be repealed.

The reasons for it are that the anti-circumvention provision was enacted since copyrighted intellectual rights in digital form became vulnerable to unauthorized copying and distribution (Berners-Lee and Hendler, 2001). Therefore, the provision seeks that as technology advances, copyright owners will have freedom to adapt their circumvention protection measures accordingly. Although the anti-circumvention provision is general in nature (Usher, 2001), it may still be necessary for preventing the unauthorized use of the intellectual property and its importance becomes even greater for the future as technology is advancing a faster rate than anticipation. The copyright laws are likely to become outdated in this situation (McKenna, 2002).

Because descrambling a scrambled work and decrypting an encrypted work are not the easiest means, since they would require sophisticated means to understand the security means such as passwords and encryption.

The effective measures that the owners…… [read more]


Digital Copyright Problem Term Paper

Term Paper  |  8 pages (2,611 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Fiona Morgan, writing for Independent Weekly, claims that "copyright law has gone from promoting creativity to hindering artistic expression, thanks in part to the efforts of a few giant corporations that are sitting on billions of dollars worth of intellectual property." (ibid) The view that corporations and government bodies are using copyright to stifle free expression has been expressed by… [read more]


Implications of Software Piracy Essay

Essay  |  5 pages (1,585 words)
Bibliography Sources: 4

SAMPLE TEXT:

¶ … Software Piracy)

According to the Business Software Alliance (BSA), piracy is any unauthorized copying, downloading, sharing, or installing of copyrighted software. Software piracy is one of the most common areas of copyright infringement. Due to its prevalence, it is difficult to measure the exact magnitude of the worldwide piracy problem. Software developers estimate more than $3 billion is… [read more]


European Economics A2 Coursework

A2 Coursework  |  1 pages (305 words)
Bibliography Sources: 0

SAMPLE TEXT:

Global Economics

Transaction

Amount (?)

Balance of Payment Accounts

Import insurance from Ireland

e, u

Import shoes from U.S.

b, u

Export furniture to Italy

Indian tourists' expenditure in UK

d, u

Expenditures UK tourists in China

e, u

Remittances to Bangladesh

k, u

UK FDI into Saudi Arabia

j, v

Interest from UK inv. In Argentina

g, v

Moroccan buys UK bonds h, u

Int. payments for FDI in UK

h, u patent bought from France

q, v

Aid to 3rd world r, u

Increase or Decrease

Y-X/CA

MUE/CA

MNO-UE/CA

MUE/M

Dom Trade

Ext trade

Double

Diversion

Suppression

France

Belgium

Nederlands

Deutschland

Italia

YES

NO

NO

YES

NO

UK

YES

NO

NO

YES

NO

Eire

YES

YES

YES

NO

NO

Danmark

YES

NO

NO

YES

NO

YES

NO

NO

YES

NO

Portugal

YES

NO

NO

YES

NO

Espana

YES

NO

NO

YES

NO

Question 3

Question 3

Reference

Bulgaria

Hvratska

Czech…… [read more]


Parody Harry Potter Case Study

Case Study  |  2 pages (516 words)
Bibliography Sources: 1

SAMPLE TEXT:

S.C. law:

Fair Use Defense for a Copyright Claim (The American Bar, N.d.)

The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright. See 17 U.S.C. § 107. The idea of fair use reflects copyright law's careful consideration of First Amendment principles, as fair use permits later authors "to use a previous author's copyright to introduce new ideas or concepts to the public." SunTrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1265 (11th Cir. 2001). Section 107 of the Copyright Act delineates a nonexclusive list of four factors to assist courts in determining whether a given use of a copyrighted work is fair. The factors include (The American Bar, N.d.):

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work.

Thus the company could make that argument that Christian youth would not be interested in the Harry Potter series due to the fact that it does not reflect their faith. Furthermore, since Christian's would not likely purchase such goods, then there would be no economic loss or brand damage done to the company.

Works Cited

The American Bar. (N.d.). Intellectual Roundtable. Retrieved from The American Bar: https://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdf… [read more]


Global Intellectual Property Law Essay

Essay  |  4 pages (1,191 words)
Bibliography Sources: 1+

SAMPLE TEXT:

According to Zhao (2006), research and development occurs in these nations with breaches of intellectual property rights taking place regularly. The difference is these firms will use the applications they created for internal functions. This is resulting in them being able to circumvent various regulations in order to achieve these objectives by having a product that is similar. Yet, it is different with engineers completely redesigning the product. (Zhao, 2006)

Evidence of this can be seen with Zhao saying, "Multinational enterprises (MNEs) are increasingly conducting research and development (R&D) in countries such as China and India, where intellectual property rights (IPR) protection is still far from adequate. We found that weak IPR leads to low returns to innovation and underutilization of innovative talents. MNEs that possess alternative mechanisms for protecting their intellectual properties will therefore find it attractive to conduct R&D at those locations. A theoretical framework is developed to capture the interaction between firm strategy and the institutional environment. The empirical analysis on a sample of 1,567 U.S.-headquartered innovating firms finds results consistent with the hypotheses that (i) technologies developed in countries with weak IPR protection are used more internally, and (ii) technologies developed by firms with R&D in weak IPR countries show stronger internal linkages. The results suggest that firms may use internal organizations to substitute for inadequate external institutions. By doing so, they are able to take advantage of the arbitrage opportunities presented by the institutional gap across countries." (Zhao, 2006)

This is showing how differences in the enforcement of property rights, inside developed countries, are contributing to breaches of various laws. These transformations allow telecommunications companies to develop applications that are similar to each other. Yet, they are unique and different. In many cases, these new applications will be used to enhance their ability to connect with customers and maintain their competitive position. (Zhao, 2006)

Does it have a positive impact or none at all?

As a result, these practices are having a positive impact on the telecom industry. This is taking place with various changes allowing firms to develop multiple applications. These platforms can be integrated with each other in order to have the greatest impact on customers. This is resulting in lower prices and services, which are continually adjusting to meet these needs. (Gokhale, 2004)

However, many of these changes are taking place with intellectual property rights being compromised in countries where there is weaker enforcement (i.e. India and China). In this situation, firms are developing technology and products which is similar to others that are already protected. They will use these new innovations internally to circumvent these laws. The result is a complete transformation in the way firms operate and how these regulations are enforced. This is transforming the sector and the kinds of solutions which are available to everyone. (Zhao, 2006)

Conclusion

Clearly, global intellectual property laws are influencing the actions inside firms by forcing them to change how they interpret these regulations. This is leading to a shift in practices and… [read more]


Media Communication Law Mock Case Scenarios Assessment

Assessment  |  5 pages (1,406 words)
Bibliography Sources: 8

SAMPLE TEXT:

Legal Problems

Case Scenario One

Defamation is an intentional false communication, either written or spoken, that harms the person's reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. When defamation is in writing it is referred to as libel.

The defenses for this suit… [read more]


Piracy Over the Last Couple Essay

Essay  |  5 pages (1,601 words)
Bibliography Sources: 1+

SAMPLE TEXT:

After all, there is very little in common between creating a digital copy of a song or movie and attacking and raiding ships or caravans, but by calling it "piracy" copyright infringement suddenly seems like something far more serious. However, calling it "content copying" would likely not make for as dramatic advertisements and lobbying campaigns.

By considering the issue of online piracy from a number of different perspectives and moral and ethical theories, it becomes clear that online piracy is morally permissible. Firstly, it is impossible to find any truly harmful consequences of online piracy, because online piracy does not result in anyone being deprived of his or her property, and the only potential loss is the potential profits that a copyright holder would have received if the pirate had decided to buy the content (something that is not guaranteed). Secondly, online piracy does not truly violate anyone's rights except for the right to profit from copyright, something which might itself be immoral, considering how copyright can be used to monopolize and abuse. Finally, from the perspective of a virtues-based ethical system, online piracy can actually be considered a positive thing, because the decision to pirate something actually demonstrates a number of virtues that are beneficial to the individual and society, such as critical thinking and a willingness to defy unjust laws and authority.

References

Coelho, P. (2012, January 20). My thoughts on s.o.p.a.. Retrieved from http://paulocoelhoblog.com/2012/01/20/welcome-to-pirate-my-books/

Singer, P. (2012, February 10). The ethics of internet piracy. Retrieved from http://www.project-

syndicate.org/commentary/the-ethics-of-internet-piracy

Yglesias, M. (2012, January 18). Why should we stop online piracy?. Retrieved from http://www.slate.com/articles/business/small_business/2012/01/sopa_stopping_online_piracy_would_be_a_social_and_economic_disaster_.html… [read more]


SOPA, Pipa and Video Piracy Term Paper

Term Paper  |  3 pages (910 words)
Bibliography Sources: 1

SAMPLE TEXT:

SOPA, PIPA and Video Piracy

Recently Internet sites such as Wikipedia, Reddit and others shutdown for a day in protest of the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). Both SOPA, in the U.S. House of Representatives and PIPA in the U.S. Senate are legislative efforts designed to stop overseas websites from infringing on copyrights and to prevent Internet users from accessing those sites (Mason). These bills are controversial for a number of reasons and have generated a substantial deal of debate. This paper will examine this legislation and support the assertion that is not an effective way to resolve this issue.

According to movie industry video piracy is a global problem. A report prepared by L.E.K. ("The Cost of Movie Piracy"), an international consulting firm, for the Motion picture Association of America (MPA) claimed the major U.S. motion picture studios lost $6.1 billion in 2005 to piracy worldwide. Eighty percent of those losses were the result of piracy overseas. Sixty-two percent of the $6.1 billion were from the piracy of hard goods such as DVDs while thirty-eight percent was from Internet piracy. Furthermore, the worldwide motion picture industry, including foreign and domestic producers, distributors, theaters, video stores and pay-per-view operations, lost $18.2 billion. The typical pirate is age 16-24 and male. Forty-four percent of MPA losses in the U.S. are attributable to college students.

Initially both SOPA and PIPA provided two methods for keeping foreign websites from copyright infringement. One means by which this was to be accomplished was to enable the U.S. Justice Department to seek court orders requiring Internet service providers to block domain names of infringing sites. However this provision provoked a major concern among Interne security experts because of the possibility of "…cybersecurity problems as Web users attempt to bypass the blocks" (Gross). Moreover, opponents to this legislation worry that this provision could lead to legitimate speech being blocked. Both SOPA and PIPA have dropped this method. The other method would allow rights holders to seek court orders requiring payment providers, advertisers, and search engines to stop doing business with an infringing site. In essence rights holders could request that funding be cut off from an infringing site and that search links be removed (Mason).

In December of 2011 founders of Twitter, Google, You Tube and others published an open letter declaring that SPOA and PIPA would enable Internet regulation and censorship equivalent to the government regulation in China and Iran. They also claimed that the bills would stifle online innovation, violate the First Amendment, and compromise the integrity of the Internet naming system. To emphasize the point on January 18, 2012 opponents of the bills staged a 24-hour shutdown of their websites. In the aftermath of…… [read more]


Piracy Theft Essay

Essay  |  3 pages (1,003 words)
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Piracy Theft:

In the past few years, the morality of copying music, movies, and software has emerged as a major issue of ethical debates. Since the times of the use of cassette tapes, consumers have basically been copying and sharing music and movies freely. Piracy, especially online piracy has hit a new high because of the Internet and the emergence of Napster and torrent files. The most important aspect of these debates is based on whether piracy is theft or not. The debates have generated huge controversies mainly because theft is largely considered as morally incorrect or questionable. The arguments on whether piracy is theft are also fueled by the potential negative effects that piracy has on the sale of original products.

Arguments on whether Piracy is Theft:

As previously mentioned, there are several arguments that have been made in support or opposition of whether piracy is theft. On one hand, piracy is not regarded as theft according to various people who argue that it doesn't contribute to the loss of the original but the multiplication and spread of the product or item. For instance, when an individual copies a game, he/she increases the number of that game in the world while the owner does not lose the original copy. Therefore, this people do not consider piracy as theft because by copying copyright protected materials that belong to another person, the owner of the material is not deprived of his/her ownership of the material (Muller, 2012).

On the contrary, piracy is regarded as theft because of the potential negative effects it has on the sales of the original items. This is primarily because the pirate is stealing a sale and thus contributes to negative financial impacts on the owner of the pirated material. Secondly, pirate may give bad reviews of the material they pirated which is likely to contribute to the loss of sales. The best illustration of piracy being theft is that of identify piracy and pirating credit card numbers. When considered as mere copying the digital information, pirating a credit card number just like software is not necessarily wrong because the owner is still in possession of his credit card. However, the use of the pirated digital information of a credit card is theft when the pirate uses the number to make purchases of various items (Billy, 2011). This makes piracy to be theft because the pirate is stealing the owner's credit and using it for personal benefit.

Impact of Piracy:

In addition to the inconclusive debates and arguments on whether piracy is theft, this issue together with file sharing and copyright infringement in the current digital world is very complicated. The actual determination of the morality and legality of piracy is largely dependent on provision of meaningful information of what digital media is and what it should be. The difficulty in identifying whether piracy is theft is also attributed to lack of precise language to explain several kinds of content and information exchange on the Internet. Generally,… [read more]


Anti-Piracy Legislation Infringing Civil Liberties Essay

Essay  |  2 pages (690 words)
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¶ … Against Anti-Piracy Legislation

The Stop Online Piracy Act (SOPA) is a bill pending in the U.S. House of Representatives that is, according to its proponents, intended to stop the illegal U.S. copyright infringement perpetrated from individuals and entities in foreign nations through the Internet medium. A companion bill, the Protect IP Act (PIPA) is also pending in the U.S. Senate. A European version, the Anti-Counterfeit Trade Agreement (ACTA) has already been signed by Australia, Canada, Japan, Morocco, New Zealand, South Korea, and the United States (Jolly, 2012). In principle, these types of legislation are extremely detrimental to the concept of free speech and intellectual liberty and stand to completely undermine the value of the relatively new Internet medium on a worldwide basis.

Proposed Justification

According to the proponents of these pieces of legislation, they are necessary to protect the proprietary interests of the rightful owners of copyrights and other forms of intellectual property from illegal infringement that is rampant online (Wortham, 2012). They point to the harm done to the music and motion picture industry in particular and suggest that the only way to protect the rights of those who produce intellectual property is to censor the entire Internet.

Counterargument

Critics of these types of legislation acknowledge that there is a need to regulate and to prevent certain specific types of activities over the Internet that violate rightfully-held copyrights and other forms of intellectual property. However, these bills are all tremendously overbroad, because they would actually authorize government agencies to shut down entire websites based on even a single instance of copyright infringement posted on the website (Perlroth, 2012

). Moreover, this form of regulation would be triggered even by the posting of unauthorized links to external sites and material posted by members of the public who use the websites in addition to information or links posted by website operators (Perlroth, 2012). These measures go far beyond what is necessary to protect the owners of intellectual property and threaten to stifle free speech, free intellectual expression, political activism, and the very value of…… [read more]


Stop Online Piracy Act Essay

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Stop Online Piracy Act

In the recent past, the internet has continued to gain popularity across the globe with thousands of people now accessing the same from even the remotest of areas. With the unprecedented growth of the internet, businesses from all over the world are now able to market and sell their goods and services to a global clientele.… [read more]


Business Decision Analysis -- Cipla Essay

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Some of the loopholes that Dr. Hamied can very easily exploit are explained in the following paragraphs.

One of the loopholes that Cipla could very efficiently use in its favour was the exception for the sales of pharmaceuticals if the provision of a medication from a company was a 'failure to work the patent'. This basically meant that if and when the patent holder was incapable of selling the medicine or was unable to make it affordable for the masses in the country, then the use of the patent was no longer applicable and another company using differently synthesized structures could sell similar medicinal remedies at lowered prices. This is perhaps the most beneficial aspect for Cipla as this is precisely what the company's mantra has been since its inception, i.e. provide medication at affordable prices to masses that would otherwise be difficult for them to afford (Deshpande, 2006).

Of course, history is a good lesson and Dr. Hamied could try to fight against the patent laws on the basis that food and medications must not have patent laws; which is also a line of action that he had successfully completed back in 1972 due to his strong political ties. Dr. Hamied still is a highly reputable in his industry and could use that reputation in his favour by attempting to rally this point again in order to completely eradicate the application of the patent laws in India. Furthermore, he could use the penetration of the AIDS meds he had designed as the bargaining chip to convince the politicians who had the power to disallow the TRIPS agreement's application in the region. However, if this line of action is not successful, he can also influence the politicians to expand the aforementioned loophole and allow Cipla more room to provide affordable medicines. This could be a better line of action simply because the one consistency in India was its poverty and the western pharmaceuticals could never provide the poorer masses of India with the medicines they needed at the prices that they could afford (Deshpande, 2006).

References

Deshpande, R. (2006). Cipla. Harvard Business School, President…… [read more]


Monsanto Company v. David 516 F3D 1009 Case Study

Case Study  |  3 pages (866 words)
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United States Court of Appeals,

Federal Circuit.

MONSANTO COMPANY, Plaintiff-Appellee,

Monsanto Technology LLC, Plaintiff-Appellee,

Loren DAVID, Defendant-Appellant

Procedural History

Patentee brought action against soybean farmer, alleging infringement of its patent claiming gene sequence for herbicide-resistant plants.

On April 20, 2006, the district court entered judgment against David

Defendant appealed to The United States District Court of Eastern Missouri who held the ruling in favor of the patentee.

Defendant appealed to the Federal Court of Appeals.

Does a patent for a gene sequence extend to prohibiting planting seeds containing that gene sequence?

Is a farmer able to save seed from a prior year's harvest contrary to the seed company's patent on those seeds?

May an expert witness base his facts upon evidence that itself would be inadmissable?

May a contract provision appearing on the back of a contract when the signature is on the front of the page be enforced?

Facts

Prior to planting his soybean fields in 2003, David purchased 645 lbs. Of genetically-modified soybean seeds from Monsanto.

The amount of seeds purchased by Monsanto was insufficient to completely plant David's soybean fields.

David purchased over 1,000 gallons of glyphosate-based herbicide in 2003, a herbicide which would have killed any soybean plants not of the genetically modified variety.

Rule of Law

1. Patents for gene sequence can restrict the planting of a seed with that gene sequence, because the seed contains the patented genes.

2. The testimony of an expert witness is admissible if: based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.

3. The existence of availability for the patents of plants under the Plant Patent Act of 1939 or the Plant Variety Protection Act of 1970 does not eliminate the availability of utility patents covering plants.

4. In patent infringement cases that are exceptional, the court may award the prevailing party attorney fees.

5. Absent a showing of fraud, a party who signs an agreement is bound by it regardless if additional provisions appear on the back of the signature page.

Reasoning

Court finds that planting a seed with a patented gene sequence would invoke liability for infringement were that seed planted contrary to contracted agreement between Monsanto and David.

The only evidence entered to counter Monsanto was the testimony of David and his daughter, and David's testimony was deemed unreliable in light of his changing his story at least three times.

Koppatschek relied upon the test prepared by Monsanto, and this test is the type of test…… [read more]


Business Section of the New Essay

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Apparently in can be done relatively cheaply and in a small amount of time, during the rest of the article he goes on to provide examples of small business owners taking the steps to secure and protect their intellectual property, while also relating the positive results this has yielded for these business owners. Personally I couldn't agree more with Mr. Dahl's opinions regarding small business owners and intellectual property. Having a small business is a very challenging endeavor because of the stiff competition from larger competitors with more capital and also because of the current economic recession. Small business owner must take every measure possible to ensure that ideas they have created are protect because these ideas and strategies might be what saves their business. Intellectual property is something that must not be overlooked, trademarks, logos, product packaging, slogans, and product appearance can all set a certain product apart while appealing to the public. This must be protected at all costs because it makes up the identity of a product.

Works Cited

Dahl, Darren. "Intellectual Property." New York Times [New York] 19 Apr. 2011, Online ed.,…… [read more]


Counterfeit Product on Global Economy Essay

Essay  |  2 pages (768 words)
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Japan, U.S. And EU experienced a large rise in seizures of counterfeit goods in 2003.Report from U.S. customs revealed that there was a rise by 12 per cent of the figure of seizures in 2003 over the previous year, and this was the same to the value of fakes seized. In 2002 and first half of 2003 from the report of seizures by EU indicate a great increase in the figure of the recovered of counterfeit goods at the borders of EU. From Quality Brands Protection Committee (QBPC), survey is connected with this trend.

US and EU trends indicate an important diversification of activity of counterfeit. The intercepted of the number of toys which are fake in EU by customs had reached 56 per cent in the first half of 2003 as compared to 2002. In miscellaneous seized products, U.S. Europeans customs are seizing additionally goods which are not assembled for example bottles, corks, labels. Over the internet experiences rise in trade as shown by some reports causing counterfeits delivery via the mail.

In the year 2003 as it ends, European Commission publish a number that indicate the customs seized about to counterfeit of about 85 million or articles which are pirated at the external borders of EU (2002) and 2003 first half of 50 million. In 2002, seized 66 per cent of many of counterfeit goods in Europe came from Asia specifically in China and Thailand.

As per the European Commission and Organization for Economic Co-operation and Development, 100,000 loss their jobs every year due to counterfeit goods. (OECD 1998). The estimate of City of New York losses yearly of U.S.$500 million of taxes of state sale due to counterfeit goods. According to survey done in Nigeria shows that 80 per cent of the drugs supplied in main pharmacies in Lagos' capital city were counterfeit.

CONCLUTION

From the discussion above, counterfeit goods is being experienced in almost all the countries a therefore a serious measure should be taken to curb out this act in all approaches by every country. Heavy penalties should be imposed to the people involved at the time of prosecution.

WORK CITED

Global Congress, (25-26 May, 2004). The First Global Congress to Combat Counterfeiting, WCO Headquarters in Brussels

OECD (1998) Harmful tax competition, journal

Xinhua General News Service, February 13,…… [read more]


Music Piracy: The Debate Pro: Supporters Essay

Essay  |  2 pages (733 words)
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Music Piracy: The Debate

Pro:

Supporters of so-called music 'piracy' deny that downloading songs for free is any kind of piracy at all. Listening to music downloaded from the Internet is viewed as very similar to listening to music for free on the radio or copying music using a cassette tape many years ago. In the Sony Corp. Of America v. Universal City Studios, Inc. case (1984), the U.S. Supreme Court held that making copies for free using VHS or Betamax technology was not a copyright infringement. Putting music out into the public domain means that it will be 'shared' in some form, and the ability to tape music did not result in the death of music albums. All forms of physical artistic creation can be copied -- books can be xeroxed; paintings can be reproduced. To take the argument against piracy to the extreme would be to say that any type of 'sharing' including playing music for a friend was illegal, because the friend did not pay for the pleasure of listening to the song (Condry 2003).

Additionally, many services are available on the web for free, although they must be paid for as a tangible product in real life. Newspapers like the New York Times and the Washington Post are available for free in full online, while they still attract paid subscribers. Regarding the argument that artists 'need to make a living:' fans will still want to attend concerts and buy the paraphernalia of their favorite rock stars. Furthermore, the majority of the profits from songs go to labels, not artists. For one of iTune's 99 cent songs, the label receives 47 cents, while the artist, producer, and songwriter/publisher together receive only 18 cents. "The record company makes more than two and a half times what the musicians make" (Condry 2003: 15).

Finally, it seems as if regulating music is against the spirit of American free dissemination of content, under traditional copyright laws: "The original U.S. Copyright Act granted copyright-holders the exclusive right to print, publish, and sell a copyrighted work for fourteen years with a second fourteen-year term possible. There were no rights given to the copyright holder regarding the public performance of…… [read more]


Digital Rights Management Essay

Essay  |  1 pages (344 words)
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Digital Rights Management

According to Arsenova (Technical aspects of Digital Tights Management) digital rights management (DRM) encompasses many technical functions for controlling accessibility. The major ones are summarized below.

DRM uses a cryptographic algorithm to encrypt content that needs a secret key - a particular phrase or string of numbers. Only the holder(s) of this key can unlock the content and read it. Often, a cryptographic system uses two keys -- a public key known to everyone and a private or secret key known only to the recipient of the message. For example, when Joe wants to send a secure message to Ann, he uses Anne's public key to encrypt the message and then Anne uses her private key to decrypt it. A digital certificate connects a person's identity with his/her public cryptographic key. The digital signatures are issued by certificate authorities that guarantee that a public key belongs to the person whose name is in the certificate.

Secure Sockets Layer and Transport Layer Security are cryptographic communication protocols for secure communications…… [read more]


Illegal File Sharing Essay

Essay  |  4 pages (1,387 words)
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Illegal File-Sharing

It seems so easy -- like a victimless crime, hence its commonality. However, if this is the case, then why have so many musical artists known for their support of free speech and free use of the World Wide Web taken such a strong stance against illegal file sharing? It is true that illegal file sharing is theft. Although the object cannot be seen and touched like a physical object in the 'real world' the theft of intellectual property, like a work of music downloaded without paying the artist his or her required royalty, is still theft. Artists fear for the loss of their livelihoods, given the fear that benefiting from copyrighting is the only way they can make money from their songs, tunes, and lyrics. but, that being said, how does the government go about enforcing laws against file-sharing online in a way that protects consumer freedom to download music and the freedom of computer programmers to create file-sharing technology, as well as the freedom of musical artists? Because it is almost impossible to prosecute individual users, regulatory agencies have tried to exercise oversight against the providers of the file-sharing services. While it may be appropriate to do so in some cases, as in the case of Napster, in recent cases, the courts and Congress have gone too far in trying to regulate file-sharing and have impinged upon the individual liberties of Internet users in doing so.

The most famous case of copyright infringement upon the Internet was that of Napster and so it has provided the model for most cases that have followed since. The type of file sharing on Napster was eventually declared illegal. Napster was found guilty of committing contributory infringement of copyright laws in Napster a & M. Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000). Napster was described as a wheel within the hub the center of illegal network activity. "All file transfers went to the center and then were uploaded from there," in the way the file-sharing system worked (Hersche 2005). "Napster managers could delete uploads and was fully in charge of all traffic, therefore committed contributory infringement of copyright laws. Contributory infringement is inducing, causing, or materially contributing to the infringing conduct of a third party, 'with knowledge of the infringing activity'" (Hersche 2005).

However, the Napster decision set a dangerous precedent for creating an over-zealous environment of regulating music downloading and creating file-sharing technology. For example, in a later case, the file-sharing system Grokster argued that its Fast Track network has legitimate purposes: although its "Fast Track" or "peer-to-peer" technology allowed users to download software indexing media files on their computer, and make those files available for others to download, Grokster argued that "illegal downloading and uploading of copyrighted materials is beyond the control of the software designers," while the Supreme Court argued that as the apparent purpose of the software was to encourage illegal downloading, it had to be disbanded entirely (Hersche 2005).… [read more]


Sharing Ethical Issues and Internet Technology: File Essay

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¶ … Sharing

ETHICAL ISSUES and INTERNET TECHNOLOGY: FILE SHARING Unauthorized file sharing is very difficult to justify because it is a form of intellectual property theft. Copyrights in works of art (including music and movies) are extremely valuable, which is precisely why they are recognized and protected by law. In fact, the value of works covered by copyrights are considered so fundamental that, ever since 1978, copyrights are automatically granted to authors of written (and other forms of) work. Registering works with the U.S. Copyright Office makes cases of infringement much more easy to prove and triggers rights to certain types of punitive damages that are not available without formal copyright registration, but the author owns exclusive rights to the work as of the moment it is recorded on paper or on any other medium. In principle, copying a CD to a tape or copying a movie from a purchased format to additional formats is also a violation of…… [read more]


Practice of Downloading Term Paper

Term Paper  |  2 pages (663 words)
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¶ … Downloading

With the full and complete embracing of the information age there are many issues of intellectual property rights that are becoming increasingly cloudy.

Boucher 102-105) the information super highway, offers options for electronic information that can be easily and quickly distributed between users with little effort and usually little if any money. Sharerers of things like full length feature films, and copyrighted print and music files profess that the proliferation of information is essential to growth. This work will argue that despite the growth of technology that will eventually ensure that such downloads are as clear as they would be if obtained through legitimate means the proliferation of free information, online should remain available wherever it is legal and that to ensure a market share in such growth industries should embrace low fee or free self proliferation to help improve access and availability through legitimate means on the internet.

For example many music aficionados seek obscure and new artists' materials online, they either cannot get elsewhere or through the claim that the infectiousness of spreading music this way builds growth of traditional markets through awareness that would otherwise not be there. Many industries seek to stop such information swapping as a result of perceived or real financial loss, and the awareness that allowing such free sharing in an area where technology continues to improve its quality will lead to many future revenue losses. Intellectual property rights are therefore, frequently sought to ensure these real and potential profits are reaching the proper hands.

Boucher 102-105) in a sense the appropriate cliche to describe this rapid industry change is, you snooze you lose. Industry must be vigilant in the manner in which they offer options to viewers and listeners, and grow legitimate resources for such access. In this manner, watching the lead from television, with many networks offering web versions of programming so individuals can catch up on their favorite programs and even watch an entire season of programming in…… [read more]


Market Follower Strategy Term Paper

Term Paper  |  1 pages (315 words)
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Market Follower Strategies

The four broad categories of market follower strategies include counterfeiting, cloning, imitating and adapting. The competitive dynamics of an industry, the strengths and weaknesses of a company itself, its ability to compete on price, innovation or service, and its distribution strategies and even its supply chains have a direct influence on which market strategy is chosen. The first strategy mentioned (Kotler 2005), counterfeiting, is the practice of creating an exact replica of a product, often in violation of copyrights. Counterfeiting has become one of the major contention points in American-Chinese trade due to copyright infringements, and is a strategy relied on in those nations whose laws are not as rigorous in prosecuting companies who engage in this strategy. Yet it is one many competitors face as they become more successful selling globally. Cloning strategies are the second type mentioned (Kotler 2005) and involve taking the most common features and characteristics of a product and…… [read more]


Digital Rights Management Term Paper

Term Paper  |  16 pages (4,601 words)
Style: MLA  |  Bibliography Sources: 12

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Digital Rights Management (DRM)

A major battle is under way over the issue of digital rights management (DRM), a technological fix imposed by major corporations to protect their software. The development of the Internet and all computer technology has altered the normal relationship between the producers and creators of music, films, and even computer software and the consumer to such… [read more]


Design Culture Term Paper

Term Paper  |  3 pages (996 words)
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¶ … Culture

Lyons, Kevin. "Cease and Desist, Issues of Cultural Reappropriation in Urban Street Design." Design Culture. Ed. Stephen Heller, Marie Finamore. New York: Allworth Press, 1997, p. 13-15. This article largely consists of the authors' interview material with four of the most prominent and successful urban designers: Eric "Haze," James Jebbia, Ssur Russ, and Joseph Melendez. Although brief, the article allows a glimpse into the mindsets surrounding reappropriation of imagery, or "biting," as it is called on the street. Biting is more commonly known in the musical world, in which small sound bites known as samples are reappropriated and synthesized into an entirely new creative project. If there is indeed nothing new under the sun then design reappropriation is simply an extension of all other creative processes. Reappropriation in the realm of the visual arts may entail biting a portion of a corporate logo or product design as a springboard for something new. Lyons shows, through his interview material and commentary around it, that reappropriation is one way oppressed social groups and minorities create subcultures and engender pride within their communities. Occasionally the justification behind reappropriation of corporate symbols is a simple tit for tat: as James Jebbia notes, corporations regularly reappropriate urban designs and ideas at huge profit margins. Reappropriation of corporate design thus serves also as a metaphor for the triumph of the underdog. Urban street culture is inescapably hostile and competitive and urban design is one of the key ways artists establish personal and collective identities in the midst of otherwise painful economic realities. In his interviews, Lyons also touches upon intellectual property rights and potential sources of misappropriation: especially in cases where an ethnic or racial minority might feel offended by the method by which its symbols were "bitten off." This article, while altogether too brief for any in-depth analysis, nevertheless offers a good springboard for discussion.

Coombo, Rosemary J. "Is there Legal Protection for Cultural Imagery?" Design Culture. Ed. Stephen Heller, Marie Finamore. New York: Allworth Press, 1997, p. 16-18. In this article, the author criticizes the limitations of copyright law for not protecting cultural emblems or expressions. Intellectual property law arises from a Euro-centric worldview, one that champions individualism and therefore one that protects individual creative expressions more than collective ones. As a result, minority groups, which do not hold individualism in such high esteem as a cultural value, are at risk for the misappropriation of their ideas, symbols, and creative art forms. Furthermore, many creative forms are not legally defined as "art" in a Western European context, such as food preparation or ritual tattoos. While Coombo's argument is enlightening and offers insight into the limitations of intellectual property and copyright laws, her article is devoid of real substance. Lacking in solid examples save for the one about Crazy Horse, the article cannot adequately illustrate why appropriation of cultural symbols is wrong, when such appropriation might be tolerated, and how the legal system can adapt to include collective cultural expressions…… [read more]


Watermarking Has Become a Widely Used Technology Term Paper

Term Paper  |  1 pages (495 words)
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WATERMARKING has become a widely used technology in the emerging field of copyright protection (Kalker, 562). According to Bloom (et al.), watermarking can be thought of as a technique for hiding information within a video that is difficult to see, and even more difficult to remove (1269). Further, Evgueni and Mendoza point out that watermarking can be applied to any media, including still images, audio clips, video clips, or any other media (2).

Miller states that watermarking is a way for the copyright owner to "mark" media, which allows identification by that owner. This identification is embedded within the media, and thus, will be transferred along with the media if it is transformed (1496).

Watermarking technology is based on three main principles. First, the watermark must be invisible to the user of the media (Hartung, 81). This generally means the watermarking scheme should be random and noise like. Since most media contains noise, this method allows the watermark to go unnoticed (Hartung, 81). Additionally, the watermark should be secure, in that only those parties authorized should be able to access the watermark (Hartung, 81). According to Mendoza, this security is best achieved by placing the watermarks using informed embedding, a process which allows the embedder to examine the original content of the media prior to placing the watermarks (2). This allows for the most secure placement of the mark (Mendoza, 2).

Finally, watermarks should be robust enough to withstand manipulation (Hartung, 81). On one hand, since the…… [read more]


Taking Sides Term Paper

Term Paper  |  1 pages (429 words)
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Downloading Music

The music industry reports that the problem of people sharing copyrighted music files via the Internet, circumventing payment for the product, continues in spite of the Digital Millenium Copyright Act. They report that this illegal activity accounts for 31% of the drop in sales for the music industry (Editorial staff, 2003). Acquiring recorded music without paying for it when it shoud be paid for shortchanges not only the artists but all the people who work in the background to produce recorded music, and is unethical behavior. People who download copyrighted music should therefore be prosecuted for this illegal behavior to the fullest extent of the law.

However, in spite of the fact that sharing copyrighted music and DVD's via the Internet is clearly illegal, many people find ways to rationalize doing exactly that. The industry has played an unintended role in that behavior by encrypting their data to the point that people cannot fast-forward through a DVD or skip previews of coming movies that have already been viewed (Barlas, 2003). Once that encryption has been broken, the illegally downloaded CD or DVD is actually more usable. Although we think of this as a United States problem, these illegal exchanges of digital files occur all over the world: in Brazil, the use of…… [read more]


Life After Napster Term Paper

Term Paper  |  5 pages (1,441 words)
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In a ruling completely unexpected by lawyers representing recording studios, U.S. District Judge Marilyn Hall Patel ruled that the claimed copyright holders had to demonstrate that they did in fact own the copyrights to the songs in question before they could get legal relief (8). So while the courts agree that copyrights are valid and that copyright owners (both the… [read more]


Emotional Development of Young Children Research Paper

Research Paper  |  3 pages (954 words)
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Emotional Development of Children in Middle Childhood

The emotional development and well-being of children in middle childhood depends on a number of factors that are related to biological as well as social aspects of the child's life. Freud contended that children in the middle childhood stage were in a latency phase of growth, in which sexuality was still a part of the unconscious and psychological development focused on the intellect, curiosity about oneself, others, and the world, and the improvement of social/cultural awareness. Erikson describes this stage as being characterized by a dichotomy of feelings, namely those expressed by industry vs. inferiority: the child in this stage is learning to master both thinking and acting skills, which gives them a sense of their own competency (industry); but if children are having trouble developing these skills, they may experience feelings of inferiority (Berk, 2014).

At the same time there is the tendency for self-esteem to develop in adolescence. Positive self-images are developed in children whose familial relations include parents who show involvement in the child's life, loving relations, and who are capable of erecting parameters, boundaries and restrictions, which help give the child direction and support. Peers are just as essential in this formation of the child's emotional well-being at this stage, as they reflect actions that the child will mirror and mimic as the child engages in social development. According to the CDC (2015), the best ways in which parents can help to provide a stable foundation for emotional development and well-being for children in this stage is to spend ample time with their children, talk to them, discuss their accomplishments, skills, their friends and whatever obstacles they may face or be facing. The key is to be emotionally connected to the child, which helps the child to foster a sense of anchoring and stability. Establishing goals for the children is also an important developmental process that gives the child an objective to strive toward and something to set focus on.

Issues like bullying can be negatively impactful on children during this stage and can lead to challenges of self-esteem, physicality, friendship, peer pressure, assertiveness, and insecurity/inferiority. Emotionally-adjusted children will also be supported by cognitive directives that allow children to seek out assistance if bullying is a problem or to face the challenge independently (as independence also becomes a variable in determining a child's actions at this time). The sense of self-worth that a child has is defined by the values instilled in the child at home by parents and family as well as by peers, with whom the child interacts. Emotional development is not something that is programmed but something which evolves over time and in which the child's sense of self is tested, refined, molded and shaped by experience and the child's response to the world around him/her.

Collins and Russell (1991) point out that…… [read more]


What Intervention Is Approproate for Childhood Obesity Research Paper

Research Paper  |  2 pages (751 words)
Bibliography Sources: 4

SAMPLE TEXT:

Childhood Obesity

The problems related to childhood obesity are extensive and troubling to healthcare officials, educators, parents and civic leaders. According to the Centers for Disease Control and Prevention (CDC) the percentage of obese children aged 6-11 years of age in the U.S. in 1980 was 7%. By 2012 that percentage rose to 18%. For adolescents ages 12-19, in 1980 some 5% were obese but by 2012 that percentage skyrocketed to 21% (CDC). The reason these data are worrisome is that obese young people are at risk for cardiovascular diseases (high cholesterol, high blood pressure), for diabetes, and for "bone and joint problems, sleep apnea," and psychological problems (such as stigmatization and poor self-esteem) (CDC). The World Health Organization counts " ... 42 million children under the age of 5 were overweight or obese" in 2014 (WHO, 2015).

Treatment Initiaves - Interventions

A study in the journal BMC Public Health reports that he problem of childhood obesity is particularly serious among " ... socio-economically disadvantages Latino and Black children" (Cloutier, et al., 2015). Hence, the goals of the Early Childhood Obesity Prevention Program (ECHO) are to zero in on the first year of a child's life and have mothers become "agents of change" in order to "modify their own behavior and their infant's behavior" (Cloutier, 1).

This particular intervention involved six family-support centers in disadvantaged neighborhoods in Hartford, CT; fifty-seven mothers were recruited to participate in this research. They were mothers that had recently given birth, or were about to give birth, and they were brought into the Nurturing Families Network. Twenty-seven of the fifty-five received the "standard home visitation program," and thirty were part of an intervention that received both "standard home visitation program and the ECHO intervention (Cloutier, 1).

The ECHO intervention "increases maternal skills" through setting goals and solving programs, and links mothers with training vis-a-vis " ... breastfeeding, solids, juice and sugar-sweetened beverages," best sleep methods for children and how to respond to "infant cues, television/screen time, and maternal diet and physical activity" (Cloutier, 3). The results (based on data from this intervention) presented by the authors include: a) when infants are breastfed "longer and exclusively;" b) when there is a "delayed introduction of solids and juices" for at least 6…… [read more]


Information Security: Thumb Drive Shipping Case Study

Case Study  |  3 pages (870 words)
Bibliography Sources: 3

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¶ … package the thumb drive for shipment to the lab? Be specific as to what materials you would use, and why?

The very first thing to do is make sure that the copy of the information we received was not tampered with prior to receiving it. This will be critical from a legislative and investigation perspective. For this instance, the contents of the thumb drive contain essential elements for the case. As a former product engineer, contents on this thumb drive can be seamlessly and effortless integrated into the new employers system. Therefore, it is imperative to ship the contents in the thumb drive in a manner that does compromise the actual integrity of the unit. Small break cracks or moisture can potentially destroy evidence located on the thumb drive.

The materials I would use would repel many of the more common elements that harm electronics. Moisture is particular can be detrimental to a thumb drive. I would therefore insulate the device with moisture wicking material. Common packing materials like bubble wrap conduct static which can be harmful to electronic devices. In this instance, the static could harm the needed contents within the thumb drive. To avoid this, I would use 'pink' bubble wrap that has anti-static qualities. This item provides the much needed protection and cushion for the thumb drive without harming its. In addition, I would place the thumb drive in a sturdy box that is both fire proof, and water proof. Particular with boxes being shipped, the environment that the box is in may contain elements that create moisture. I would want to prevent this from occurring within the box. Although rare, fires can occur through human error, and handling mistakes. By taking the necessary caution to protect the contents of the box, the thumb drive will be better protected (Crowley, 2009).

What would you ask the lab to look for on the submitted thumb drive, and why?

I would ask the lab to look for an outright copy of the sou-rce code used by the original employer. When a program is developed for commercial use, it is usually written in a high level language from C. This computed language can be very complex and convoluted. In many instances, it is unique to the company designing the software. When it is compiled, the compiler converts the source code into assembly language. An assembler converts the assembly language into object code which is machine language. This is the serious of 1s and 0s that appear on screen. This series is very unique. If it were copies outright, it would…… [read more]


Systems Threats 3D SWOT

SWOT  |  1 pages (325 words)
Bibliography Sources: 1

SAMPLE TEXT:

Another threat is that as 3D Systems expands their market share that they do so at a rate that is unsustainable. They must develop at a rate in which they can control quality as well as service. If they expand too quickly then they could lose some of their current clientele if there service levels are not adequate. Thus they should work to balance growth with their internal capabilities and their ability to control their intellectual property. Controlling intellectual property is also a threat because in many Asia Pacific areas intellectual property theft is commonplace manufactures commonly steal designs (University of Oregon Investment Group, 2011).

Works Cited

Ash, F. (N.d.). Product Life Cycle (PLC): Stages, Development, & Process. Retrieved from Write and Writing: http://www.writeawriting.com/business/product-life-cycle-plc-stages-development-process/

University of Oregon Investment Group. (2011, May). 3D Systems Corporation. Retrieved from University of Oregon Investment Group: http://uoinvestmentgroup.org/wp-content/uploads/2011/05/DDD-2.pdf… [read more]


People Buy Counterfeit Goods the Dilemma Research Paper

Research Paper  |  4 pages (1,340 words)
Bibliography Sources: 4

SAMPLE TEXT:

¶ … People Buy Counterfeit Goods

The Dilemma of Counterfeit Goods

Counterfeit goods production and sale has in recent times grown to become a multibillion dollar concern. Indeed, as McIntyre points out, it has been claimed by several economists that the sale of counterfeit products accounts for approximately eight percent of the GDP of China. According to the author, most of these counterfeit products end up in America. It is however important to note that the problem of counterfeit goods has also been an issue in many other parts of the world. Recently, police in France dismantled an international counterfeiting ring that was raking in huge sums of money from the sale of counterfeit versions of Birkin bags (Huffington Post). Based on the findings of the survey I undertook, there seems to be a positive relationship between the likelihood of an individual purchasing a counterfeit good and the cost difference between counterfeit and genuine goods. The fact that counterfeit goods are cheaper than genuine goods motivates most people to go for counterfeit goods. This is an assertion further supported by the existing literature on the subject. It is also important to note that based on my review of literature and the survey findings, consumer purchases are to some extent influenced by society norms.

In regard to counterfeit goods, Howie points out that "while shoppers are happy with the price, they are often nagging doubts about the items' quality, their legality and who ends up profiting." Away from the legality and quality of counterfeit goods and questions about who actually benefits from their sale, the market for counterfeit goods can only be described as booming. According to a recent study funded by the EU, the number of those who buy counterfeit goods carrying the labels of top designers stands at three million (Howie). This is the clearest indicator yet that there is a good number of people who would rather go for a counterfeit product as opposed to the real thing. According to the survey that I conducted, 59.6% of participants claimed they knew someone who had in the past purchased a counterfeit product. Non-deceptive purchases should in this case be contrasted with deceptive purchases. In the latter, consumers are duped into purchasing fake products in the belief that they are original (Ali). Although one could indeed argue that maybe some consumers are duped into purchasing counterfeit goods in the belief that they are purchasing the "real thing," Howie notes that according to a professor from the University of Durham, "consumers are rarely duped by the black market manufacturers, instead welcoming the choice offered by fakes."

American consumers according to McIntyre are bargain hunters. Indeed, as the author further points out, it is this characteristic of American shoppers that has seen a significant increase in the number of counterfeiters -- mostly from China. In the words of Ali, "the most obvious factor motivating customer purchase of counterfeit products is their relatively low price…" According to Ali, one category of those likely… [read more]


Ethical Influence on Consumer Behavior Research Paper

Research Paper  |  6 pages (2,334 words)
Bibliography Sources: 4

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Ethical Situations That Influence Consumer Behavior

Counterfeiting expensive merchandise and making it available at significantly lower prices without regard for the legal or ethical implications of this practice cost the apparel, accessory and merchandise industry nearly $200B a year in lost jobs, taxes and sales (Phau, Sequeira, Dix, 2009). There is also the damage to brand equity and the image… [read more]


China IP China's Intellectual Property Essay

Essay  |  7 pages (1,981 words)
Bibliography Sources: 7

SAMPLE TEXT:

Given the positive outcomes associated with stronger intellectual property rights, however, it is more likely that Western standards will prevail and China would be better off to adopt full Western standards sooner rather than later.

A third criticism of the criticism of China's IP protection regime is that Chinese culture is different. The West's concerns with Chinese intellectual property rights protections are overblown because Western firms apply their own standards and do not take the time to understand the Chinese perspective (Chaudhry, Zimmerman, Peters & Cordell, 2009). However, if Chinese firms wish to attract Western foreign direct investment and knowledge transfer, they will need to make their country attractive to Western investors, and that means adopting Western intellectual property rights protection standards.

By taking improving the IP protection laws on the books and the mechanisms to enforce those laws, China would gain valuable foreign direct investment. This would include high value FDI that would result in technology and knowledge transfer. Such transfer would benefit domestic firms. The barriers that restrict inbound foreign direct investment, therefore, not only harm foreign firms but Chinese domestic firms as well by restricting their access to crucial knowledge and technology. Instead of the current restrictive regime, China should take a lead role in developing intellectual property rights protections that not only work in its own domestic interests but set an example for other emerging markets. In order to do this, China must not only strengthen the laws that are on the books, but it must strengthen the enforcement of these laws significantly, to bring the up to Western standards. If it does so, China can continue to grow at a rapid pace by encouraging more foreign investment, especially in the key knowledge industries of the future.

References

Awokuse, T. & Yin, H. (2010). Intellectual property rights protection and the surge in FDI in China. Journal of Comparative Economics. Vol. 38 (2) 217-224.

Chaudhry, P.,Zimmerman, A., Peters, J. & Cordell, V. (2009). Preserving intellectual property rights: Managerial insight into the escalating counterfeit market quandary. Business Horizons. Vol. 52 (2009) 57-66.

Hu, R., Pray, C., Huang, J., Rozelle, S., Fan, C. & Zhang, C. (2009). Reforming intellectual property rights and the Bt cotton seed industry in China: Who benefits from policy reform? Research Policy. Vol 38 (2009) 793-801.

Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies. R&D Management. Vol. 39 (2) 211-224.

Kshetri, N. (2009). Institutionalization of intellectual property rights in China. European Management Journal. Vol. 27 (3) 155-164.

Quan, X. & Chesbrough, H. (2010)

Hierarchical segmentation of R&D processes and intellectual property protection: Evidence from multinational R&D laboratories in China. Engineering Management. Vol. 57 (1) 9-21

Sepetys, K. & Cox, A. (2009). Intellectual property rights protection in China: Trends in litigation and economic damages. NERA Economic Consulting. Retrieved November 25,…… [read more]


Managers Protect Intellectual Property Rights Term Paper

Term Paper  |  2 pages (541 words)
Bibliography Sources: 1

SAMPLE TEXT:

Other companies adopted the strategy of secrecy, by never putting important information in writing. Often, this involves keeping a specific key bit of knowledge secret, without which the product will not function.

A third strategy is what the authors call "internal guangxi," which refers to Chinese social networks that govern societal behavior. By building strong relationships with key Chinese workers, Western managers can exert social pressure on them to obey Western standards of IP protocols. In part, this strategy involves educating the workers about the importance of IP protections. A fourth strategy is "external guangxi," which requires building relationships with external bodies and institutions. Official bodies in China have significant power, and can exert influence over Chinese managers. Developing relationships with customs managers, for example, can help keep counterfeited goods from reaching export markets by blocking off transportation links outside of the country. The fifth strategy is to educate the customer, for example getting the message out that low-quality counterfeits do not meet customer needs. Customers then recognize that the official brand is the best one to purchase.

The authors note that these strategies have varying degrees of success, but that they are adopted widely among Western firms operating in China. The authors also hypothesize that these techniques will be valuable outside of China as well, even in developed markets.

Works Cited:

Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies. R&D Management. Vol. 39 (2) 211-224.… [read more]


China &amp IP My Research Essay

Essay  |  2 pages (474 words)
Bibliography Sources: 1+

SAMPLE TEXT:

Awokuse and Yin (2010) study the relationship between the degree of intellectual property rights protections in China and foreign direct investment. This linkage forms a key part of the argument. There are many other studies that can be cited, and it is well worth stepping outside the library to gather primary source data as well.

There are three main points of argument that I expect to develop. The first is the premise that intellectual property rights form an integral part of the framework of global commerce. The second point is that China's intellectual property rights protections are below the standards of other major trading nations. The third point is that these substandard protections are having an adverse effect on China's economy. A variety of economic statistics can be used to support this line of logic.

There may be some objections to my position. One potential objection is that China's growth has been robust without good intellectual property protections, and it is mere speculation to argue that its economy could have performed better with stronger protections.

I believe that I am on target to have an outline by November 16th.

Works Cited:

Awokuse, T. & Yin, H. (2010). Intellectual property rights protection and the surge in FDI in China. Journal of Comparative Economics. Vol. 38 (2) 217-224.

Keupp, M.; Beckenbauer, A. & Gassmann, O. (2009). How managers protect intellectual property rights in China using de facto strategies.…… [read more]


Ethics Essay

Essay  |  5 pages (1,630 words)
Style: APA  |  Bibliography Sources: 5

SAMPLE TEXT:

This paper examined the issues raised by the theft of proprietary computer code from Goldman Sachs by its former employee. The theft, the resulting trial, and sentencing also raise other significant ethical issues, including standards of professional conduct, cybercrime, security, and privacy. Examining the events from the differing perspectives of the Doing Ethics Technique provides different insights than those that come from using the ACS Code of Ethics; likewise using different classical ethical theories.

What is noteworthy about analysis from the differing perspectives is that each technique is useful for different purposes. Doing Ethics Techniques yields the broadest perspectives and a higher likelihood of developing group consensus; it fills the need to "sift through issues to determine appropriate courses of action" (Simpson, 2003). The ACS Code of Ethics is most valuable for its presentation of behaviors to avoid or engage; it is not intended to promote discussion or analysis per se or guarantee ethical behavior (Code of Ethics, section 4.4) . Classical ethical theories provide a means of explaining and predicting human behavior.

Having considered each approach, this paper recommends a solution that the Doing Ethics Technique suggests earlier, arriving at a compromise that allows both parties to win. Such a compromise would leave both Aleynikov's and Goldman Sachs' belief systems intact, as well as support the larger contractual framework for pursuing society's greater good.

Reference List

Australian Computer Society Code of Ethics. University of Western Australia website. Retrieved April 28, 2011 from http://undergraduate.csse.uwa.edu.au/units/CITS3200/ethics/acs-ethics.htm

Mastin, L. (2011). Basics of Philosophy. Retrieved April 28., 2011 from http://www.philosophybasics.com/branch_contractarianism.html

Sevenoaks School Philosophy Department. (2011). Ethics. Retrieved April 28, 2011 from http://www.sevenoaksphilosophy.org/ethics/egoism.html

Simpson, C. (2003). Doing Ethics: A universal technique in an accessibility contest. Retrieved April 29, 2011 from http://dl.acs.org.au/index.php/ajis/article/view/159/141

Weidner, D. (2011). Whatever you do, just don't steal from Goldman Sachs. Wall Street Journal. Retrieved April 28, 2011 from http://online.wsj.com/article/SB10001424052748703362904576219372483989688.html… [read more]


Technological Pragmatism Essay

Essay  |  1 pages (349 words)
Bibliography Sources: 1

SAMPLE TEXT:

Technological Pragmatism -- Conflict Hypotheses and Outline

The evolution of digital technology increases the vulnerability of certain populations to criminal exploitation through the digital medium.

Children are tremendously vulnerable to digital exploitation.

The poor and elderly have less access to computers.

Digital crimes targeting vulnerable populations skyrocketed in the digital age.

Cyber crime is a tremendous problem in the U.S.

King, C. "Protecting Children: Speech That Crosses the Line." The FBI Law Enforcement Bulletin Vol. 78, No. 6; (2009): 22-28.

Digital media have developed beyond the scope of Intellectual Property laws designed to protect proprietary ownership of intellectual originality.

Intellectual Property laws never anticipated a digital medium.

Current Intellectual Property laws are inadequate for the digital age.

Significant legal reforms are necessary in the digital age.

Reference

U.S. International Trade Commission. (2003). PROTECTING U.S. INTELLECTUAL

PROPERTY RIGHTS and the CHALLENGES of DIGITAL PIRACY.

Retrieved July 10, 2010 from:

http://www.usitc.gov/publications/332/working_papers/wp_id_05.pdf

Hypothesis # 3

Contemporary generations of American students are at a high risk of personal harm and of damaging their reputations and future employment prospects…… [read more]


Social Capital and Intellectual Property Rights: Ethical Term Paper

Term Paper  |  2 pages (620 words)
Bibliography Sources: 1

SAMPLE TEXT:

Social Capital and Intellectual Property Rights: Ethical Standards of Downloading Music From Free Web Sites

The prevalence of the influx of free information through the new media, the Internet, has provided opportunities for people to gain access to almost every idea or commodity distributed and produced under the capitalist economy of the 21st century. In today's information age, the most sought-after commodity is information; yet, this information is produced not without a price or appropriate cost or price. Indeed, protests against "piracy" or the illegal use of commercially-available goods, commodities, and information is now an issue that affects the business and civil sectors of the society.

In this paper, the researcher argues that piracy is a social issue that must be dealt with the full force of the law. This means that piracy is illegal, and its offenders must be punished from stealing information and commodity that other people would pay to gain access or ownership to. This unfair distribution of information as a commodity is argued based on two important concepts that every individual must become aware of: first, the concept of intellectual property, and second, the concept that information is a social capital.

The researcher argues that information, being both products of intellectual property and social capital of individuals that are also members of human society in general, must be exchanged for what the creator considers as its worth in the arena of the free market of goods and services. Hence, piracy should be enforced in order not to disrupt the smooth flow of exchange of goods, services, and/or ideas in the capitalist economy.

The concept of intellectual rights is an old argument used in this debate about piracy. However, as in the case of free information retrieved or obtained through free downloading sites like the Kazaa, it is vital that Internet users consider the right of the…… [read more]

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