...Introduction During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year. This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a totally different...
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...Technology-PY360 Assignment #3 11/20/2013 1. Copyright Software copyright is the relatively recent extension of copyright law to machine-readable software. It is used by proprietary software companies to prevent the unauthorized copying of their software. 1. Trade Secrecy Trade secret law provides probably the best protection for the source code of a computer program. It simply requires that you take reasonable efforts to kept the source code secret, such as having agreements to keep it secret from everybody who has access to the source code. There are no formalities, such as filing with a government agency which is required. 1. Patents A patent is a government-awarded license that grants the inventor of a product or process exclusive rights to its manufacture, use or sale for a specified time period. As a condition of the patent, the inventor agrees to disclosure. However, although it is possible for others to examine the details of the patent, it is illegal to copy the product or process. 2. The five principle rights for the owner of a copyright are: 1. The right to reproduce the copyrighted work. 2. The right to distribute copies of the work to the public. 3. The right to display copies of the work in public. 4. The right to perform the work in public. 5. The rights to produce new works derived from the copyrighted work. Copyright Violations of a copyright laws is copying a program onto a CD to sell to someone...
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...one form or the other. These forms may include, but not limited to, music, still pictures, video clips and sound. With all these sharing, internet has become a common place to upload and download audio-visual materials like recorded films. Copyright is a common method used to protect ones production rights on a particular piece of material over the internet. In fact, the graph below shows that copyright infringement is the most common type of infringement; Figure 1: source; Canadian SME However, in peer-to-peer file sharing, most people infringe these rights and pass other people’s work as their own. In fact, IFPI states in their report that “the ease of access to music by means of illegal file sharing has damaged its perceived value to customers”. This has been a great challenge to music and film industry globally (Leyshon, A., 2003). For instance in the recent emergence of file swapping services that are based on the internet. These services include Napster that has allowed huge exploitation of recorded work without any little authorization of the users. Actually, this has been attributed to the slow rate of sales in CDs and DVDs due to enabled file sharing (P2P). (Mortimer, J. 2012). Peer-to-Peer sharing and copyright law Copyright in this context is the legal protective law for all kinds of creative work on any form(s) of media. This law therefore limits unfair usage of these intellectual properties in both real world and cyberspace. Infringement of these laws is called...
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...The purpose of this outline is to identify and recognize the Tangible and Intellectual property rights significant to the Information Technology sector. The research should identify what the managers in that industry can do to protect the property rights of the organization, and what the managers in that industry should do to assure that the organization protects the intellectual property rights of others. This will require an understanding of tangible and intellectual property in general, plus research about the tangible and intellectual property issues in the selected industry. Tangible Properties that is significant in the Information Technology sector According to Webster and Dictionary.com Tangible is having actual physical existence, as real estate or chattels, and therefore capable of being assigned a value in monetary terms, capable of being touched, real or actual, rather than imaginary or visionary. According to LAW-531, rEsource Ch 16, Tangible property is the type of property we can see and touch. Delivery trucks, desks, computers, inventory, and the Building and land in which a business is located are all forms of tangible property. Information technology computer hardware includes computers components input keyboards, output screens or monitors, and peripherals including cables, scanners, surge protectors, optical drives, digital imaging equipment, printers, data processing equipment, Fax machines. The IT sector has much to offer in this category...
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...as it prevents them from reaping the full benefit of their work. For the giant corporations, the impact might be minimal but for small and medium businesses with less financial power, this could be quite detrimental as it can cut away a great portion of their expected income. In this paper, I will discuss how the global system can be an enabler for illegal activities whether it is cyber-terrorism or piracy of intellectual properties. The focus will be placed on piracy and how it can affects the small and medium enterprises and the legal measures that are being implemented on an international level as well as on the U.S national level to deter it. Works Cited: • Andrés, A. R., & Asongu, S. A. (2013). Fighting Software Piracy: Which GovernanceTools Matter in Africa?. Discusses how the role of government in reinforcing laws protecting intellectual property right and how a key factor such as corruption can affect the government attempts at controlling piracy especially in developing countries. • McManis, C. R. & Pelletier, J. S. (2012). Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting...
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...Free Software, Free Society: Selected Essays of Richard M. Stallman Introduction by Lawrence Lessig Edited by Joshua Gay GNU Press www.gnupress.org Free Software Foundation Boston, MA USA First printing, first edition. Copyright © 2002 Free Software Foundation, Inc. ISBN 1-882114-98-1 Published by the Free Software Foundation 59 Temple Place Boston, MA Tel: 1-617-542-5942 Fax: 1-617-542-2652 Email: gnu@gnu.org Web: www.gnu.org GNU Press is an imprint of the FSF. Email: press@gnu.org Web: www.gnupress.org Please contact the GNU Press for information regarding bulk purchases for classroom or user group use, reselling, or any other questions or comments. Original artwork by Etienne Suvasa. Cover design by Jonathan Richard. Permission is granted to make and distribute verbatim copies of this book provided the copyright notice and this permission notice are preserved on all copies. Permission is granted to copy and distribute translations of this book into another language, from the original English, with respect to the conditions on distribution of modified versions above, provided that it has been approved by the Free Software Foundation. i Short Contents Editor’s Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A Note on Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Topic Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....
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...Disadvantages of software Patents 1. Furthering Monopoly Software patents let companies such as Oracle buy up patents on technology created by others and then launch lawsuit after lawsuit as a way to generate revenue. This is what it means to be a "patent troll," and it's of course motivated by the huge sums that have been awarded by the courts in the past. It also puts the advantage squarely in the hands of the industry's monoliths, which are the ones with deep enough pockets to acquire and assert all that intellectual property. 2. Hindering Innovation By their very definition, patents reduce the sharing of new ideas. In the software industry--which relies on just that kind of diffusion to spur further innovation--that's particularly destructive. Software patents frequently have very broad or vague boundaries, making it highly unclear where the patented piece of a program begins and ends. Frequently, software patents cover what can be considered the equivalent of a sequence of notes in a piece of music; imagine if that were to happen in the music world! It has also been historically very difficult for patent offices to judge patent quality, or to realize when a patent application is too broad or covers something trivial. 3. Cost and Time Patents are extremely expensive, and the examination process takes a very long time. Not only are the costs extremely high to determine if a particular piece of software infringes any issued patents--thereby reducing the funds companies...
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...INDIAN COPYRIGHT ACT, 1957 CONTENTS Introduction 3 Need for Copyright Protection 3 Scope of Copyright 4 Indian Copyright Act, 1957 5 Remedies 10 Cases 12 Conclusion 14 Bibliography 14 INTRODUCTION The world has entered an era of instant communication. A person sitting in the remotest corner of India can enjoy a live performance taking place anywhere in the world thanks to electronic (parallel) media. Telephone and fax have made it possible to communicate oral or written messages across the globe within seconds. Computer-aided communication technologies such as E-Mail and Internet have added an altogether new dimension to today's communication process by making it more speedy, informative and economical. The mode of communication of different types of information has also undergone a sea change. While all these have made communication among people more effective and efficient both in terms of time and cost, they pose a threat in terms of copyright infringement. Modern communication channels, being intensively relying on a variety of copyrighted products, are liable to be pirated on a large scale if adequate precautions are not exercised. Need for Copyright Protection Copyright is the right given by law to the creators of literary, dramatic, musical and a variety of other works. It ordinarily means the creator alone has the right to make copies of his or her works or alternatively, prevent others from making copies of the same. The basic idea...
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...Legal Aspects of Management Project Report on Case of NTP vs RIM PATENT INFRIGMENT CASE Submitted to:- Submitted by:- Mr. Maneesh Yadav Dheeraj SurI JL12PGDM060 ------------------------------------------------- Company Background RIM Mike Lazaridis founded the wireless device company Research in Motion (RIM) in 1984 which has its headquarters in Waterloo, Ontario. Their best known product is the Blackberry handheld communication device. RIM not only produces the BlackBerry, but also develops its own software for its devices as well as developing and selling embedded wireless data components ("Research In Motion"). In 1999 the first BlackBerry was released. It used the same hardware as the Inter@ctive pager 950 - a pager RIM worked on with RAM Mobile Data and Ericsson. The first BlackBerry also ran on the Mobitex network which was developed by...
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...artistic and literary works, as well as symbols, images, names used in commerce. The law protects IP with patents, copyright, and trademarks, all of which are legal means that are there to assist the creator in protecting unique ideas, inventions, and other non-tangible property and as well as giving the opportunity to receive recognition or financial benefit for what they invent or create (World Intellectual Property Organization, 2014). Intellectual property affords competitive advantages to a company. “Defining IP as an asset aims to provide it the same protective rights as physical property. Obtaining such protective rights is critical as it prevents replication by potential competitors - a serious threat in a web-based environment or the mobile technology sector” (Cohen, 2011). One such case, where patents were violated was a lawsuit brought on by Apple against Samsung. In 2012, a U.S. jury found Samsung guilty on six out of seven accounts of violating patents Apple had filed. Four of the claims were regarding design patents, “related to the appearance of the iPhone (the use of white and black on the devices and the rounded edges on the user-interface icons, which Samsung was found to have violated, and the tablet computer’s rectangular design, which Samsung did not violate)” (Cusumano, 2013). Apple also filed three claims concerning utility patents, which involved both software and hardware that control how the device enlarges documents when “the user taps the screen, distinguishes...
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...and to neutralise the situation Technological resources Intellectual property e.g. designs, drawings, text, music, video Intellectual property: intellectual property is property that is the result of creativity, such as patents, copyrights, etc. St john fisher catholic comprehensive school logo and colours: the colours of the school logo and uniform are unique to the school as no other school in Medway has the exact same colour scheme as St john fisher catholic comprehensive school Accumulated experience and skills Accumulated experience: means experience gained over the years when a person has come across lots of different issues to do with the job Head teacher, (Mrs Burnette) Mr stock, finance team: working in other schools over the country gives them different experiences to bring to the school. Software licences Software licence: is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software Windows, Microsoft office and apple: every year the school has to renew the licence agreement to use the features such as windows, Microsoft office and apple for the iPads used in the school Protection via patents and copyrights Protection via patents and copyrights: a patent is a limited duration property right relating to an...
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...of the Customer Service Life Cycle? a. b. c. d. e. Retirement Acquisition Ownership Requirements Management b ANSWER: 2. Business methods are associated best with which form of intellectual property? a. Copyright b. Trademark c. Trade Secret d. Patent ANSWER: d 3. E-business today does not present any unusual problems associated with jurisdiction. a. ANSWER: True b b. False 4. Which statement below is correct? a. b. c. d. The EU encourages business method patents The US discourages business method patents Business method patents are not found in the US today Business method patents are found in the EU today d ANSWER: Fill In The Blank Each statement has a blank space associated with the question. You are to select the correct response from the list of responses provided to answer each statement. Write the number associated with your response in the space next to the statement. Please note that there are more responses in the list than there are statements. Thus, not every response will be used, and no response is used more than one time. List of Possible Responses 1. 2. 3. 4. 5. Software Patent Look and Feel Endorsements Deep Linking Meta Tags ______ The strongest form of protection for computer software ______ Most closely associated with copyright ______ May be used by search engines to help in indexing web pages ANSWERS: 1, 2, 5 You would write 1 on the line next to the first statement, a 2 on the 2nd line, and a 5 on the 3rd...
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...have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead to tarnishing of other people or organizational images. Let us take an example of a trade mark. A trade mark may related to the name...
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...could affect the normal day to day operation of the company, and identify torts that Officer Sally may pursue against BUG Company and types of damages she can request. Legal Protection of Intellectual Property The definition of intellectual property is any invention, innovation, or discovery such as copyrights, patent, and trademark. For examples, a book or article of an author’s is a copyright with a unique logo or a soft drink design which represent a company and its products. Another example would be a website design. Physical properties is not the basis for intellectual property but the ownership and the rights to manufacture, use as well as to promote an idea which is consider a priceless benefit. Three types of legal protection that are essential to protect intellectual property are identified as trademark, patent, and copyright. Trademark can be a logo or a device that can identify a product which is the source for the manufacturer or merchant. Copyright is to protect the original author’s work such as novel or an article from using without permission. Authors of written articles and books are to visit the U.S. Copyright Office and register a copyright. Patent is to protect new inventions and non-obvious that...
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...Intellectual Property Overview© Patents, copyrights ,and trademarks are all examples of protections of intellectual property (IP) Intellectual property has many definitions, but is usually considered to be information having commercial value and original products of the mind. Intellectual property isn’t tangible, but can be protected by the law. Intellectual property is not an item that was invented, but the thought process and plans that allowed the item to be invented and manufactured. Intellectual property is not the clothing that is sold in stores, but rather the brand name that represents the quality and style of the clothing. Patent and trademark laws have been in effect in the United States for more than 200 years. The purpose of such laws is to promote science and the arts by allowing inventors and authors/creators exclusive use of their product for a limited time. The United States Patent and Trademark office (USPTO) is a federal government agency under the Department of Commerce, which examines and issues patents and registers trademarks. Protection under intellectual property laws is a mainstay of the United States’ economy and industry, allowing products to be invented, new uses to be found for existing products, brands to built, and jobs to be created. Patent is defined as an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel —not previously known or described...
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