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Ethics of Computing
Words: 6467 Length: 20 Pages Document Type: Term Paper Paper #: 8503701
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Copyright Infringement & the Digital Millennium Copyright Act (DMCA) of 1998

This paper looks into the issues of copyright infringement and circumvention of technology with reference to Digital Millennium Copyright Act of 1998. The author of this paper has carefully studied the law in question and has focused on various issues connected with this legislation. DMCA is a highly controversial law that has been staunchly opposed and actively supported by different section of the public and it has managed to attract great deal of media attention because of various lawsuits that emerged in this connection. The paper looks into some important Court cases for impartial and objective study of the law.



There has been a long-standing debate on the issue of freedom of speech in the United States. While the Constitution of the country explicitly grants American citizens the right to share information…


Chris Taylor/San Francisco, Throwing The E-Book At Him A programmer is prosecuted for enabling users to break the security in reader software., Time, 08-20-2001, pp. 62+

Voss, David, DIGITAL SECURITY: Music Industry Strikes Sour Note for Academics., Science, 05-04-2001.

Neil Ferguson, 'Censorship in Action, Why I don't publish my HDCP results', Aug 15, 2001

Lev Grossman, Business/The Future of Copyright: Digital Divisiveness., Time, 08-28-2000, pp. 40.

Dmca Technology Has Changed the
Words: 899 Length: 3 Pages Document Type: Term Paper Paper #: 55816676
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But the resulting law was too broad, ensnaring legitimate research activities. It showed that the DMCA had become a go-to strategy for companies facing embarrassing revelations about their products." This critique centers around the idea that research into any one topic is disallowed due to the extreme copyright laws that the DMCA supports.

Support for the DMCA stems from the fact that Internet Providers and host companies are immune from DMCA punishment. This is good according to Kravets (2008). He argued that "the DMCA's separate notice-and-takedown provision has proven even more crucial to the growth of the internet. The provision grants immunity to so-called "intermediaries" -- ISPs, for example -- for any copyright infringement by their users. To earn that so-called "safe harbor," the intermediary such as video-sharing site YouTube must promptly remove material if the copyright holder sends a takedown notice. But the company can restore the content if…


"The Digital Millennium Copyright Act of 1998." U.S. Copyright Office. Viewed 25 April 2013.

Felten, E. (2013). The Chilling Effects of the DMCA. Slate, 29 Mar 2013. Retrieved from  w_copyright_law_hurts_security_research.html

Festa, P. (2003). Jury convicts man in DMCA case. Cnet, 23 Sep 2003. Retrieved from 

Kravets, D. (2008). 10 Years Late, Misunderstood DMCA is the Law That Saved the Web. 27 Oct 2008. Retrieved from - years-later/

Input Output Devices Will You Be Using in
Words: 2506 Length: 9 Pages Document Type: Essay Paper #: 85687314
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input/output devices will you be using in the next one to three years as "computing" devices? Which features/components/form factors will be prominent? Why?

Which features/components/form factors will be important to you? Why? Which applications will you be using on these devices? How may these devices change your life in terms of benefits and risks? (Two pages)

A survey of experts identified five major themes that will carry forward through the next half century ("EEEE Spectrum," 2012). ncreased computation and bandwidth is the first of these themes ("EEEE Spectrum," 2012). This notion that there will be computation and bandwidth to burn means that the shift of computing power and network connectivity will move from one end of the spectrum to the other -- there will be utter and unimaginable abundance of computing and networking capacity ("EEEE Spectrum," 2012). Experts predict that people living in developed countries will have gigabit nternet access…

Ionescu, D. (2010, March 29). Geolocation 101: How it works, the apps, and your privacy. PC World. Retrieved 

Modern Technology Council (2012). Retrieved / the-fear-of-technology-changing-the-workforce.htm

2. Using Google Docs is going to be a real time saver and one of the most convenient applications I have applied to my studies. I can see how creating a spreadsheet for assignments that is shared with others in the class could facilitate collaboration. Google Docs is great for sharing documents, but it can also be used for brainstorming and for piggy-backing on each other's ideas -- in real time. It is easy to envision times when I am away from my computer and I can just hop onto someone else's computer and pick up where I left off with Google Docs. Not having to manage a memory stick is a bonus, too. The capacity to retrieve and upload documents that are stored on my computer or on a memory stick is really helpful, and I can see where that capability will foster the movement of my documents from files on my computer or memory stick to the Google Doc environment.

Economics -- Proprietary Intellectual Rights
Words: 309 Length: 1 Pages Document Type: Essay Paper #: 56696116
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However, at the outset, all prospective inventors and authors have the same right to create any work of their choice that might generate profit. In the case of both patent rights and copyrights, the award of exclusivity is justified to prevent other entities that did not contribute to the development of marketable ideas or products from benefiting from the work of entities that created that value. This is merely one manifestation of a classic legal principle of avoiding unjust enrichment (Halbert & Ingulli, 2008). To the extent they can be differentiated, it is only that the underlying motivation for recognizing patent rights is that doing so promotes innovation whereas copyrights are mainly related only to unjust enrichment concepts.


Edwards, G., Wattenberg, M., and Lineberry, . (2009). Government in America: People,

Politics, and Policy. New York, NY: Longman.

Halbert, T. And Ingulli, E. (2009). Law & Ethics in the Business…


Edwards, G., Wattenberg, M., and Lineberry, R. (2009). Government in America: People,

Politics, and Policy. New York, NY: Longman.

Halbert, T. And Ingulli, E. (2009). Law & Ethics in the Business Environment.

Cincinnati: West Legal Studies.

Purchased the Book Engineer in
Words: 1317 Length: 4 Pages Document Type: Term Paper Paper #: 2135875
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The purpose of this precaution is to maximize the ability of the company to pursue violations of its copyright in an appropriate court of law or other forum and to ensure that the company is entitled to the maximum compensation allowed by law for copyright infringement of its intellectual property. That notice shall read as follows:

No part of this copyrighted intellectual property may be reproduced for any purpose, whether or not for profit, without the express written authorization of XYZ Company. Any violation of XYZ copyright of this protected material will be pursued to the fullest extent of the applicable criminal and civil law against any and all parties involved.

Policy 2 -- Non-Use of Company Intellectual Property by Employees

The XYZ Corporation is the sole owner of any and all copyrights and other intellectual property rights of any and all intellectual property created by its employees in the…

Communication and the Law
Words: 2457 Length: 9 Pages Document Type: Essay Paper #: 72726205
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Legal Memoranda

Statement of Facts

The prospective plaintiff wrote a novel a year ago on her home computer. She then distributed 100 copies to acquaintances and agents, but without a copyright notice attached. Yesterday she discovered a recently published novel that appeared to have plagiarized her work and is considering a lawsuit.

For a writing to be eligible for copyright protection the work must be original, which the courts and the U.S. Copyright Office have interpreted to mean an independent work that did not rely on the work of others to create. For example, students who complete an essay exam own the copyright to their answer if the work is original. Copyright protection is in effect as soon as the page is inked or the keystrokes captured by the software program. Based on the facts of this case the plaintiff wrote a novel and the work is therefore assumed to…

Ethics and Technology Illegal Downloads
Words: 2424 Length: 7 Pages Document Type: Thesis Paper #: 89169514
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Arguably the deficiencies in processes and technologies throughout the distribution channel enable the unethical sharing of digital property by consumers in the first place. it's as if the incompetence of these channel partners' platforms, either from a website standpoint with the support of DM technologies or the reliance on faulty, often poorly designed DM systems, technologies and techniques create much opportunity to take digital and intellectual property and repurpose it illegally across P2P sites that seek to make all music egalitarian (Lysonski, Durvasula, 2008). it's as if the mid-tier of the distribution channel is leaving the door open wide enough from an intellectual property standpoint to allow for individuals to selectively choose which songs, digital products of all sort, and what platforms they want to repurpose them on (Levin, Dato-on, Manolis, 2007).

When the music distributors, both in the form of traditional forms including music stores selling CDs and non-traditional…


Altschuller, S., & Benbunan-fich, R.(2009). Is music downloading the new prohibition? What students reveal through an ethical dilemma. Ethics and Information Technology, 11(1), 49-56.

Banerjee, a., Faloutsos, M., & Bhuyan, L. (2008). The P2P war: Someone is monitoring your activities. Computer Networks, 52(6), 1272.

Norman E. Bowie. (2005). Digital Rights and Wrongs: Intellectual Property in the Information Age. Business and Society Review, 110(1), 77-96.

Ross Dannenberg. (2006). Copyright Protection for Digitally Delivered Music: A Global Affair. Intellectual Property & Technology Law Journal, 18(2), 12-16.

Using Borrowed Material
Words: 1055 Length: 3 Pages Document Type: Case Study Paper #: 87097090
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Borrowed" Material

Interestingly, the word borrow denotes that a particular item will be return after being used for a specific purpose. Silliman (2010) carefully illustrates the mental paradigm of many artists today. Using the work of others is deemed common practice, especially in light of the sea of information floating on the Internet. However, copyright infringement is likened to plagiarism, which is a serious offense with unethical underpinnings. Claiming the work of others, without expressed permission granted, breeds a lack of integrity. Ironically, society has a disdain for people who cheat; yet, they embrace the concept of borrowing the material of others. For a closer analysis, the AMA eight-step evaluation process was used to glean a deeper insight.

Discovery Key Facts

Sam is a freelance editor and photographer who needed employment.

Disorganized producer, main sponsor of a major TV show, hires Sam to complete a project with a very tight…


American Society for Quality. (n.d.). Project planning and implementing tools. Retrieved from 

Silliman, J. (2010). Using "borrowed" material. Retrieved from 

Taylor Jr., J. (2010, May 27). Top ten benefits of a gantt chart. Retrieved from 

U.S. Copyright Office, (n.d.). Copyright laws of the United States. Retrieved from

Education Intellectual Property Almost Every
Words: 612 Length: 2 Pages Document Type: Thesis Paper #: 40375965
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Each institution must have an acceptable use policy for access to all systems including the Internet/World Wide Web. This policy must include provisions for:

protecting the confidentiality of students protecting intellectual property rights, licensing agreements and legal/ethical standards for sharing of resources with other educational entities upholding the integrity of systems, programs and information resources

The duties and responsibilities to carry out this policy are placed upon institutions, IT officials, and instructors (District Technology Plans: Essential Components and E-ate Plan Criteria, n.d.).

The Florida policies do a good job in making sure that each institution has a policy in regards to intellectual property. It deals with protecting the use rights of the systems that are being used in the course of distance learning along with student confidentiality. This is an advantage to both the institution and the individual student. What this policy does not address is how reasonable technological measures…


Bruwelheide, Janis H. (2010). TEACH Act Highlights and Resources. Retrieved January 26,

2010, from National Education Association Web site:

District Technology Plans: Essential Components and E-Rate Plan Criteria. (n.d.). Retrieved

Visual Literacy
Words: 669 Length: 2 Pages Document Type: Term Paper Paper #: 60711217
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Value of Access to Excessive Visuals

Business - Advertising

Assessing Value of Access Excessive Visuals

The paper will consider visual literacy with respect to legal and ethical implications of the access to numerous visuals to users of the Internet in the 21st century. The overall subject matter of the Youtube video students were to watch has to do with copyrights and use. The Internet is a vast and useful resource. There is no doubt that its existence has changed and in many ways improved humanity and human relations around the world. As part and parcel of the Internet, users in most countries have at their fingertips access to an innumerable amount of material, including a vast number of visuals such as photographs, diagrams, and charts.

On the one hand, access to numerous visual sources can have positive effects. People can be exposed to works of art, to data infographics, and…


Youtube. (2010). Copyright Basics., Web, Available from: . 2012 January 15.

SOPA and Pipa Legislation
Words: 2341 Length: 7 Pages Document Type: Term Paper Paper #: 20029675
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SOPA & PIPA Legislation

File sharing involving copyright infringement began as peer-to-peer operations, sometimes with the involvement of a central server that acts as a search engine. Recently there has been a rise in file sharing where the infringing content is actually stored on the central server, such as the now-defunct Consequently, there is a conflict between the rights of content owners and the rights of ordinary users of the internet. The conflict here is that efforts to eliminate sites that enable online infringing may also eliminate legitimate internet activity. In the fall of 2011 the SOPA (Stop Online Piracy Act) and PIPA (Protect Intellectual Property Act) proposals were introduced into the U.S. Congress. Almost certainly, the SOPA and PIPA proposals to go after file sharers go too far in the other direction in violating the free speech rights of individual users and handing the web even more over…


Corey, G. et al. Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning, 3011.

Howard, Alexander. "What You Need to Know About the Stop Online Piracy Act in 2012." The Huffington Post, December 23, 2011.

Ranney, Karen. "Digital Thieves Are Stealing from Me." The Hill, December 13, 2011.

Business Law Scenario Dana and Ronnie Operate
Words: 580 Length: 2 Pages Document Type: Essay Paper #: 5832138
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Business Law

Scenario: Dana and Ronnie operate a Web-based business,, an Internet swap site that uses a Dutch auction system pioneered by allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers' unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of's income derives from advertising. TraderRon's website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from…

Intellectual Property No I Do
Words: 310 Length: 1 Pages Document Type: Term Paper Paper #: 98927000
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In conclusion, I believe that the anti-circumvention provision is important since it makes sense to prevent unauthorized uses of the intellectual works of the owner who have put so much time and efforts in producing the work.

If a person had a legitimate fair use reason for accessing a work, then nothing in the provision would prevent him or her from doing so.

This provision is also important since it offers the motion picture; music companies; film studios; and publishing industries


Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.

Litman, J. (2001). Digital Copyright. New York: Prometheus Books.

McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.

Usher, N. (2001). Scientists Demand…


Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.

Litman, J. (2001). Digital Copyright. New York: Prometheus Books.

McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.

Usher, N. (2001). Scientists Demand Free Journal Access.Harvard Crimson, April 23: 1-3.

Court Briefs - 7 Different
Words: 1075 Length: 4 Pages Document Type: Term Paper Paper #: 89470982
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S. No. 04-1739 (2006)





Minority Rationale:


wo examples of where rights are limited in the ownership of land or property:

Servitudes and easements are put into place...

Servitudes and easements can be protected by...

It is vital to protect Servitudes and easements because...

III. Intellectual Properties

Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General

U.S. 01 -- 618 (2003)





Minority Rationale:


he differences between copyrights, trademarks, and patents include:

he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...

IV. Business and the Bill of Rights

Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.

U.S. 97 -- 303 (1999)





Minority Rationale:


he major difference between business speech and political speech is that...

Whether or not "Closely regulated industries…

Timothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at .

What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at .

Court Briefs - 7 Different Cases

Brand Names Will 'Ipad' Become Generic Word
Words: 595 Length: 2 Pages Document Type: Article Review Paper #: 98532605
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Brand Names: Will 'iPad' Become Generic Word for Tablet?" was published by the U.S.A. Today, with the central premise concerning a relatively unknown yet ubiquitous phenomenon known as genericide. According to the article, which was compiled by the Associated Press (AP), Apple Inc. And its proprietary iPad tablet computing device is poised to alter the English lexicon through its supremacy within a particular market segment. Like the Band-Aid and Kleenex before it, the iPad has become so synonymous with a niche product that consumers invariably refer to competitor's offerings by the same name, and Apple Inc.'s executive management structure must now wade through the quagmire of intellectual property rights and trademark protection law to determine the course of action that preserves the company's duly earned domination of the market. The article presents the iPad's emergence as the standard bearer for tablet computing devices as a mixed bag of sorts for…


Associated Press. (2012, April 08). Brand names: Will 'iPad' become generic word for tablet?. USA Today. Retrieved from name/54110024/1

Coverdale, J.F. (1984). Trademarks and Generic Words: An Effect-on-Competition Test. The University of Chicago Law Review, (51), 868-891. Retrieved from  256&sid=21101868846423

McKenna, M. (2007). The normative foundations of trademark law. Notre Dame Law Review, 82(5), 1839. Retrieved from

Ethics of Film Production
Words: 1008 Length: 3 Pages Document Type: Term Paper Paper #: 13294347
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Ethics of Film Production

It goes without saying that film producers owe a certain level of responsibility to not only those being filmed but also to the audience. During production, a number of key considerations should ideally be taken into account in regard to how the film will impact on those who happen to be part of it i.e. during its production, those who will view it on release as well as any other pre and post production stakeholders. Hence during filmmaking, producers owe all these constituencies a responsibility. In this text, I concern myself with the ethics of film production. In so doing, I will also shine a spotlight on both copyright and legal issues.

Ethics of Film Production

According to Barbash and Taylor, "ethical issues are rarely discussed in film production manuals" (48). This in the authors' opinion is largely as a result of the discomfort ethical issues…


Barbash, Llisa & Lucien Taylor. Cross-Cultural Filmmaking: A Handbook for Making Documentary and Ethnographic Films and Videos. California: University of California Press, 1997. Print.

Roberts-Breslin, Jan. Making Media: Foundations of Sound and Image Production. Waltham, MA: Focal Press, 2011. Print.

NBA Properties Inc V Kris
Words: 1051 Length: 4 Pages Document Type: Article Review Paper #: 84760158
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he Registrar ruled in Plaintiff's favor on Issue 3 (Prior Reputation) and accordingly, denied Defendant's trademark application.

In denying Plaintiff's first two grounds for opposition, the Registrar held that she did not have competent jurisdiction to decide matters of copyright infringement. herefore questions under sections 52, 126 and 184 of the Copyright Act or to determine the operation and effect of regulation 4 of the Copyright International Protection Regulations also lie outside the jurisdiction of the Registrar. Because the Registrar does not have the jurisdiction to rule on the issue of copyright and ownership, there is no discussion as to the actual merits of Plaintiff's claims.

In affirming Plaintiff's objections to the application on the grounds of Prior Reputation, the registrar found that the two marks were substantially identical and that Plaintiff offered compelling evidence of prior reputation in its mark prior to the application priority date in Defendant's mark.…

The standard for determining a substantially similar mark using a side by side comparison is found in The Shell Company of Australia Limited v Esso Standard Oil (Australia) Limited, 109 CLR 407 at 414 (1961-63), which holds that "the importance of these assessed having regard to the essential features of the registered mark and the total impression of resemblance or dissimilarity that emerges from the comparison." Case law also provides the standard that the modern commercial reality of strong public awareness of professional sports merchandizing is likely to cause deception or confusion on behalf consumers. Southern Cross Refrigerating Company v Toowoomba Foundry Proprietary Limited, 91 CLR 592 at 608 (1954).

Significance Of Case

This case is significant because it demonstrates how legal issues impact and are impacted by an expanding global economy. It also demonstrates how law will adapt to a changing society as witnessed by Registrar Hardie's treatment of an outdated opinion by Justice Dixon regarding merchandizing.

Illegal File-Sharing it Seems'so
Words: 1387 Length: 4 Pages Document Type: Essay Paper #: 54614197
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..for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" was a more important right to protect under Fair Use Doctrine (Liebowitz, 1985, p.4). Freedom of access to information was more important, and creating an unregulated market environment of ideas. Granted, file sharing is not always used for such a legitimate purpose, but then again, neither were 'taped' VHS movies and programs.

hile on the surface it would seem because intellectual property law that "provides the copyright holder an exclusive right to copy the intellectual product," is necessary because "the lack of competition in the reproduction of the intellectual product allows greater remuneration to the copyright holder than would otherwise be the case," the right to profit off of one's product is not absolute, and the consumer also has a right to fair use and access (Liebowitz 1985). Furthermore, even if Grokster…

Works Cited

Hersche, Cody. "Zeros and Ones reach High Court." Legal Redux. April 2005. 

Liebowitz, S.J. "The Economics of Betamax: Unauthorized Copying of Advertising Based

Television Broadcasts." University of Chicago/University of Texas. June 1985.

November 18, 2008.

Compulsory Licensing of Patents
Words: 4596 Length: 14 Pages Document Type: Term Paper Paper #: 41113305
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Compulsory Licensing of Patents

The purpose of this paper is to highlight the causes and affects of the compulsory licensing of pharmaceutical products. Initially, the paper highlights the fundamental positions, attitude, inclination and concerns of the developed world and the under developed world with regard to the intellectual property rights of the pharmaceutical products. The paper also concentrates on the subject of the intellectual property rights of the biotechnology products (plants); this is because plants are the major source of almost all pharmaceutical products being used today. Furthermore, it is a matter of fact that the patentability of plants has been given a lot of attention by the developed world, in particular United States of America, as well as, the developing World. The paper also exposes the priorities of both the developed world and the under developed world, priorities that have been a major hurdle in all previous negotiations on…


Bernard Pecoul et al., Access to Essential Drugs in Poor Countries: A Lost Battle? 281 JAMA 361, 365 (1999).

David P. Fidler, International Law and Global Public Health, 48 KAN. L. REV. 1, 29 (1999).

David Benjamin Snyder, Comment, South Africa's Medicines and Related Substances Control Amendment Act: A Spoonful of Sugar or a Bitter Pill to Swallow?, 18 DICK. J. INT'L L. 175, 190 (1999).

David P. Fidler, Symposium on Globalization at the Margins: Perspectives on Globalization from Developing States: Neither Science Nor Shamans: Globalization of Markets and Health in the Developing World, 7 IND. J. GLOBAL LEG. STUD. 191, 212-213 (1999).

Christian Case
Words: 516 Length: 2 Pages Document Type: Case Study Paper #: 50863395
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Harry Potter

Praying with Larry Podder

The case about the Christian game "Praying with Larry Podder" is interesting and there are two main concepts that are at play but they both deal with intellectual property rights. One issue is the likeness to Harry Potter and the other is the sharing of potentially copyrighted material through the peer network.

If it is true that the game is about Larry Bakker's life and not Harry Potter's, what will you need to prove to defend against this lawsuit?

If the game is "really" about Larry Bakker's life then it should be too difficult to mount an adequate defense. Obviously a personal account of one's own life is a subjective account. However, there are ways that one can put together some evidence to verify personal stories. Pictures and testimonies from friends, family, acquaintances or neighbors could all be used to produce some factual evidence…

Works Cited

The American Bar. (N.d.). Intellectual Roundtable. Retrieved from The American Bar:

Right to Use the Name
Words: 2160 Length: 7 Pages Document Type: Term Paper Paper #: 16649736
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There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…


Inigo Igartua Arregui. Refusals to Deal Involving Intellectual Property Rights. Law and Policy in International Business. Volume: 34. Issue: 4. 2003. Georgetown University Law Center.

J. Dianne Brinson, Mark F. Radcliffe. Intellectual Property Law Primer for Multimedia Developers. 1994. Law and Policy in International Business. Volume: 23.

Keith Eugene Maskus. Intellectual Property Rights in the Global Economy. Harvard University Press. 2003. pp. 176.

James B. Kobak. Intellectual Property Misuse: Licensing and Litigation. American Bar Association Publication. 2000. pp. 87.

IP Law Software
Words: 883 Length: 2 Pages Document Type: Research Paper Paper #: 37768704
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Abandoned Software

That most people do not "have the facts" about copyrights should surprise nobody. Let's be real here -- copyright law is complex, often vague or nuanced, and there are multiple different copyright regimes. No reasonable person would believe in this 24-hour rule, but there should be zero expectation that anybody other than copyright lawyers would have a firm grasp of copyright law.

That people do not know about copyright law by no means is the driving factor for unauthorized copyright usage -- let's dispense with the childish, loaded word "piracy." We're talking about people who are using software, not hijacking, raping and murdering it. The Moores and Esichaikul (2010) highlights a couple of things that are worth considering in this discussion. First, they note that people like to share software, and that this sharing is a far more common occurrence than, say, people who would violate most other…


Asongu, S. (2014). Fighting software piracy: Which IPRs laws matter in Africa? Institutions and Economies. Vol. 6 (2) 1-26.

Moores, T. & Esichaikul, V. (2010). Socialization and software piracy: A study. Journal of Computer Information Systems. Vol. Spring 2011, 1-8.

Stropkova, A. (no date). The ethical dimension of software piracy. In possession of the author

Sharing Ethical Issues and Internet
Words: 321 Length: 1 Pages Document Type: Essay Paper #: 76942865
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That is because where customers copy art from CDs and DVDs, in most cases, at least the original copy is purchased legitimately. However, in the vast majority of cases of illegal file sharing online, hundreds and sometimes many thousands of copies are transferred from each original. Even worse, in most cases, even the original file is an illegitimate copy, meaning that the artist who provided the work to all those consumers never benefits from even a single sale.

Whereas both types of copyright infringement are equally wrong from a moral principle, the online file sharing version is capable of completely destroying the entire music and movie industries by making it impossible to generate a profit or even to recoup the expenses of works produced by artists at…

Regs of Trips Domestic Implementation
Words: 2937 Length: 11 Pages Document Type: Term Paper Paper #: 41890079
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Article 60 of the atent Law and Article 25 of the Anti-Unfair Competition Law holds not specific provision however, Article 118 of the General rinciples of Civil Law provides that the plaintiff possess right to have ill effects of infringement eliminated. This is also including disclosure of third-party infringers.

48: Indemnification of the defendant in relation to the Courts holding of the power to order that damages be paid by the plaintiff to the defendant if enforcement complaint procedures are abused under Article 98 Civil rocedure Law which required compensation be paid if interim preservation is obtained and the laintiff loses the suit

China is complaint under art III Section 3: rovisional Measures, art III Section 3: Special Requirements Related to Border Measures, art III Section 5: Criminal rocedures, and art IV: Acquisition and Maintenance of Intellectual roperty Rights and Related Interparties rocedures. China is "essentially complaint and "not complaint"…

Projections are that within five years of China and other countries having joined the WTO that infringement of Intellectual Property will decrease however it is projected as well that China's government will have to be very active in implementing more extension reforms in order to liberalize the domestic market in China and to allow People's Republic of China and other foreign companies to more freely import and export products.

Clark, Douglas (2000) IP Rights Protection Will Improve in China - Eventually - Online available at

The Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights ii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iii the Relationship Between the TRIPS Agreement and the Convention on Biological Diversity (2002) Summary of Issues Raised and Points Made - World Trade Organization Report Noted by the Secretariat 2002 August 8 IP/C/W/368 (02-4363) Council for Trade-Related Aspects of Intellectual Property Rights iv Ibid

Person Steals the Property or Possession of
Words: 988 Length: 3 Pages Document Type: Essay Paper #: 4918118
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person steals the property or possession of another, the action is considered both a criminal and moral offense that if caught, the corresponding penalties are meted out. The matter is easily provable because what was taken is a tangible entity that provides solid proof of the usurpation. The issue becomes contentious when what has been stolen is intangible especially if these are original ideas, thoughts, designs and concepts. This then comes under the purview of plagiarism, a well-known offense not only in the academic circles but in the milieus dealing with intellectual property rights and copyright. Plagiarism should be differentiated from copyright though wherein "copyright is an area of civil and criminal law that prevents a series of uses of a qualifying creative work [while] plagiarism is a primarily ethical issue that centers around the dishonesty of claiming another's work as your own (ailey, 2011)." Nonetheless, plagiarism at its plainest…


Bailey, J. (2011). The role of copyright in fighting plagiarism: Part 1 and 2. PlagiarismToday. Retrieved July 8, 2011 from 

Hansen, B. (2003, September 19). Combating plagiarism. The CQ Researcher, 13(32): 773-796. Retrieved July 8, 2011 from 

Institute for Interactive Media and Learning. (2007, April 18). Why students plagiarise. Retrieved July 8, 2011 from 

iParadigms, LLC. (2011). Plagiarism. Retrieved July 8, 2011 from

Microsoft in India and China Microsoft Strategy
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Microsoft in India and China

Microsoft: Strategy in India and China

Microsoft's Strategy in China

Although the Chinese Trademark Law is now largely in conformity with the TRIPs Agreement, the benefits of protection may not be realized for some time. At ground level there is a general culture of acceptance of counterfeit goods, partly because it makes previously unobtainable foreign goods affordable and partly because there is a lack of interest in enforcing IP rights that are largely owned by foreign companies. In this environment, counterfeiting will always seem attractive as it allows those involved to access an already existing market with low entry costs. In the meantime, however, foreign entities could take an active role in furthering the protection of their rights.

Licensing of IP rights to Chinese nationals and establishing joint ventures would be advantageous. The foreign party would have the benefit of local assistance in navigating legal…


Butterton, G., 'Pirates, dragons and U.S. intellectual property rights in China: problems and prospects of Chinese enforcement' (2008) 38 Arizona Law Review 1100.

Leung, M. 1999. 'Counterfeit Beanie Babies: customs to the rescue', The China Business Review, p. 18.

USTR, 2006. Executive Office of the President, USTR Announces Results of Special 301 Annual Review, Official Press Release.

Xinbin. Yang 2008. "Laser Disc Industry:"Opening Up Golden Road. Jingji ribao (Economic Daily) (April 2): 1. In FBIS-CHI, as "China: Article on Laser Disc Industry."

Business Law Midterm One the
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" He believed the umbrella was his own and had no intent to deprive anyone else of property.

4. A reward poster for a lost dog is a unilateral contract. "I will pay you $1,000 for the return of my dog Zorro, in healthy and alive condition." The offer is the $1,000. The acceptance is the return of the dog, and a unilateral contract is only accepted by performance. A bilateral contract is a contract that is fulfilled by promises. The offer would be, "I will pay you $1,000 to purchase a puppy from your dog Zorro's litter." The acceptance is made with a promise to sell me that puppy. Now both parties are mutually obligated; I am obligated to pay the money for the puppy, while the seller is obligated to tender the puppy.

5. Tom and John enter into the following contract when John's daughter is born.


Boston Athletic Association Baa Registered
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A successful trade dress infringement lawsuit requires that a company have a distinctive trade dress and that the similarity between the trade dress was likely to confuse consumers. Even though AE's catalogue may have been very similar to A&F's, both companies used their trademark and symbols throughout their catalogues, which sold different types of clothing in totally different manners (A&F used sexuality to market its clothing, while AE used the image of family). The difference in clothing type, marketing angle, and the liberal use of marks and symbols meant that there was no risk of consumer confusion; therefore A&F was not entitled to protection under the Lanham Act.

Chapter 11

2. The New York Times discovered that 24 employees were sending inappropriate and offensive e-mails, which violated its corporate policy. The issues facing the Times where whether the employees had a right of privacy in their emails and whether the…

Digital Rights Management According to
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These protocols allow client/server applications to communicate in a way designed to prevent eavesdropping, tampering and message forgery. IPsec is a standard that provides security at the network layer by encrypting and/or authenticating IP packets.

Watermarking, Fingerprinting and Access control are other important DRM techniques. Watermarking is the process of embedding information into a data source in such a way its existence is hidden. It essentially serves as a copyright stamp. Another method to protect digital media is to fingerprint each copy with the purchaser's information. Thus, if the purchaser makes illegitimate copies, they will contain his or her name. Access control attempts to find ways for limiting the access to copyrighted material and/or inhibiting the copy process itself. Examples of copy protection include encrypted digital TV broadcast, access controls to copyrighted software through the use of license servers and technical copy protection mechanisms on the media.


Arsenova, E.…


Arsenova, E. Technical aspects of Digital Tights Management.

Culture Lyons Kevin Cease and
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As a result, what could be a solid expose on how cultural art forms have been misappropriated becomes a spurious, although interesting piece. Intellectual property and the laws surrounding it are indeed direct products of the Western European culture in which we live. Therefore, it is only natural that the laws of such a society would reflect its cultural ideals. Moreover, Coombo fails to account for how it would be possible to protect collective cultural expressions, many of which are universal symbols such as those from nature. Coombo also fails to offer any clear examples of how artistic forms have been misappropriated from the "ritual contexts" she refers to. The Crazy Horse example is a clear-cut and understandable example to support Coombo's argument, and the article would be strengthened had the author offered more. The article can serve as a good springboard for sociological research studies and investigations into means…

Protection of Intellectual Property
Words: 1299 Length: 4 Pages Document Type: Research Paper Paper #: 78965027
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Protection of Intellectual Property

Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.

The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate…


Johnson, C and Walworth, D.J (March 2003). Protecting U.S. intellectual property rights and challenges to digital piracy. Office of industry working paper: U.S. international trade commission. Retrieved from 

NW3C, (September, 2010). Intellectual property theft. National white collar crime center. Retrieved from 

Qui D.L & Yu H, (2010). Does the protection of foreign intellectual property rights stimulate innovation in the U.S. Review of international economics, 18(5). Retrieved from

Setec. Investigating intellectual property theft. Retrieved from

Business Law the Paris Convention Is One
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Business Law

The Paris convention is one of the Intellectual Property Treaties administered by World International Property Organization (WIPO). It was first signed in Paris in 1883 by 11 countries to provide international harmonizing and streamlining of intellectual property laws. It has been revised many times and its current language includes patents, trademarks and industrial designs. Major fundamental principles of the treaty include (World International Property Organization, 2013);

Anti-discrimination policy: each member country is obliged to give other member country nationals, the same protection and advantages it gives to its nationals.

Framework of priority: an invention can be protected from the same point, in time in various countries. The patent applicants are granted the date of their first filling; as the active application date for the patent applications in all member countries, for up to 12 months after filling the original application.

Berne Convention; it is also referred to as…


World International Property Organization, (2013). Paris Convention

for the Protection of Industrial Property. Retrieved September 3, 2013 from 

The United States Patent and Trademark Office, (2013). Madrid Protocol. Retrieved September 3, 2013 from /trademarks/law/madrid/index.jsp

Cornel University Law School, (2013). Berne Convention for the Protection of Literary and Artistic Works (Paris Text 1971). Retrieved September 3, 2013 from

Market Follower Strategies the Four
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Many consumer electronics products including DVD players, TVs and PCs are produced with this strategy in mind. Imitators is the third follower strategy, and Chrysler, in designing the 300M grill work to resemble the Bentley automobile front grill is an example of this strategy. The final follower strategy is that of being an Adapter. Many of the Japanese auto manufacturers excel at this strategy, including Toyota and Hondo, who have through adaptation of car designs and more efficiency of production, have overtaken the American cars they were initially adapting from. This is particularly true with the Toyota Camry overtaking all mid-size sedans globally in sales, with over 40,000 sold per week in the United States alone. Of all follower strategies, the adapter one retains the greatest profitability over time.


Kotler (2005). Marketing Management. 12th Edition. Philip Kotler. Prentice Hall Publishing. Saddle iver, NJ.…


Kotler (2005). Marketing Management. 12th Edition. Philip Kotler. Prentice Hall Publishing. Saddle River, NJ. May, 2005. Chapter 11 on competition.

Watermarking Has Become a Widely
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On the other hand, the smaller the alterations to the media, the easier the removal of those alterations becomes (Evgueni and Mendoza, 3).

There are many types of watermarking principles in use. The basic spread principle involves repetition of the watermark information, multiplication of the watermark information over a broad, random area, and the addition of the watermark to the signal of the original multimedia (Hartung, 82). Additional watermarking techniques involve the embedding of the watermark in precise patterns, specific places, such as the I-frame of a video sequence, and embedding in uncompressed media (Evgueni and Mendoza, 3).


Bloom, Jeffrey a., Cox, Ingemar, J. alker, Ton, Linnartz, Jean-Paul M., Linnartz, G., Miller, Matthew L., and Traw, Brendan S. "Copy Protection for DVD Video." Proceedings of the IEEE 87(7): July 1999, 1267-1276.

Evgueni, Lino, and Mendoza, Coria. Digital Video Watermarking. British Columbia: The University of British Columbia, 2004.

Hartung, Frank,…

Kalker, Tom. "System Issues in Digital Image and Video Watermarking for Copy Protection." IEEE International Conference on Multimedia Computing and Systems (1): June 1999, 562-567.

Mendoza, Lino and Nasiopoulos, Rabab. "A Robust Watermarking Scheme Based on Informed Coding and Informed Embedding." IEEE International Conference on Image Processing. Genova, Italy: IEEE, 2004.

Miller, Matt L, Cox, Ingemar J. And Bloom, Jeffrey a. "Watermarking in the Real World: An Application to DVD." IEEE Communications Magazine (November 1999): 1496-1502.

Borders of New Europe and the U S
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Borders of New Europe and the U.S. - Mexico border

A line that is drawn in various ways, a border acts as a mark where adjacent jurisdictions meet. A combination of conjunction and the separation of the national laws and customs lead to the creation of an area where there is regulation, examination, discussion and hiding of the movement of people and goods .The Mexico-United States border is an international border that runs from mperial Beach, California and Tijuana. This border that separates Mexico and the United States from each other has traversed a wide variety of terrain that ranges from urban areas as well as inhospitable deserts. The external borders of New Europe are borders that define the separation of countries that are making it into the European community most especially the EU. There are various similarities and difference between the external borders of the new Europe and the…

Intellectual Property (IP) theft

Intellectual property is a legal concept that refers to the exclusive rights of recognition that are accorded to ones creations of the mind. Under the intellectual property law, a person is granted exclusive rights to various intangible assets such as literacy, music, artistic work, inventions and discoveries, words, phrases, designs as well as symbols. There are various types of intellectual property rights these include patents, trademarks, copyright, industrial design rights, trade dress as well as some trade secrets in some jurisdictions. Intellectual property theft is therefore robbing people their ideas, inventions as well as creative expressions or in a nutshell their intellectual property. Intellectual property theft is a growing threat especially with the rise of digital technology as well as the use of internet file sharing networks. The intellectual property theft is very costly and many businesses register losses a lot of money through this ( Baines, 2012).

Due to the fact that intellectual property theft costs businesses a lot of money then there is need for the organizations to come up with ways through which they can make these risks minimal. Intellectual property infringement involves the violation of intellectual property rights and if not looked into then it can lead to numerous losses by the business. There are various ways through which IP violations can take place, these include patent infringement, copyright infringement as well as trademark infringement. All these practices can be rendered undesirable or unprofitable through making reports incase these IP rights are violated so that people are afraid of making

Finance Intellectual Property Has Become
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Yet, it is difficult to quantify the true value of intellectual property. In theory, the value of intellectual property derives from the degree to which the firm can convert that property into wealth. In some cases -- pharmaceutical patents, for example -- this can be relatively easy to calculate. In other cases -- the good vibes consumers get from seeing the Geico gecko -- quantification becomes more challenging. Yet that gecko character does have value for the insurance company, and if the character was licensed to another firm there would be a high cost attached. Kossovsky (2002) proposed a valuation method for IP loosely based on the Black-Scholes model of option pricing, and the FASB has also issued guidelines with respect to IP valuation. Yet in practice, valuing IP remains one of accounting's dark arts.

Prior to the mid-1990s, there was little consideration for the value of intellectual property. Firms…

Works Cited:

Bettiol, M. (2010). HP CEO says he didn't buy Palm for smartphones. BGR. Retrieved April 9, 2011 from 

Kossovsky, N. (2002). Fair value of intellectual property: An options-based valuation of nearly 8000 intellectual property assets. Journal of Intellectual Capital. Vol. 3 (1) 62-70.

Rivette, K. & Kline, D. (2000). Discovering new value in intellectual property. Harvard Business Review. Jan-Feb 2000, pp. 54-66.

An Overview of the Inherently
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Here, it is stated that "each Member shall accord to the nationals
of other Members treatment no less favourable than that it accords to its
own nationals with regard to the protection of intellectual property."
(Gervais, 3) This is to indicate that membership in this agreement burdens
each member nation with the responsibility of granting and protecting
patents with the same level of strictness as would be afforded domestic
innovators. Domestic nations, under the conditions of this article, are
restricted from tilting competition to the advantage of patent-seekers
derived from the nation in question, instead being required to exact the
same level of legal protection to foreign patents as to domestic ones.
hen this concerns the entrance of a corporation from the
industrialized sphere into a smaller, less matured and generally still
developing nation and economy, there is little question that the outcome of
this even playing field will be…

Works Cited:
Basheer, S. (2005). India's Tryst with TRIPS: The Patents Amendment
Act, 2005. University Indian J. Law and Tech.

Bowal, P;. Diamatteo, L.A.; Dosanjh, K; Frantz, P.L. & Stoltenberg, C.
(2003). The Doha Declaration and Beyond: Giving a Voice to Non-Trade
Concerns within the WTO Trade Regime. Vanderbilt J. of Transnational Law