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Copyright Law: Music Downloads
Music piracy is by no means a new phenomenon. At the beginning of the twentieth century, when music was sold in the form of printed "sheet music," pirates took advantage of a the-then newly developed technology called photolithography and sold duplicate copies of the 'legal music' at half the price -- causing great annoyance among the music publishing companies. (Johns, 2002, p. 68) Much later, the 1960s and 70s saw the proliferation of bootlegged songs of the legendary Bob Dylan that almost rivaled the sale of the singer's officially released songs. The recent development of computers, the Internet and music compression technologies such as MP3, however, have given a totally new dimension to music privacy. Free music downloads and the exchange of music files over the Internet has reached such daunting proportions that the music industry considers it as the single biggest threat to its very…
Barnes, B., 2004. "Singers say music piracy issue is quality, not bucks." Ledger Enquirer.com Sep. 10, 2004. [Available online] http://www.ledger-enquirer.com/mld/ledgerenquirer/entertainment/music/9619124.htm[Accessed on September 12, 2004]
Benech, R. et al., 1999. "Music Piracy: An Investigation Into the Ethics of Music Piracy in the Information Age" SCU Business Ethics: [Available online]
http://itrs.scu.edu/mcalkins/fall99/EthicsMP3/[Accessed on September 12, 2004]
Bridis, T. 2004. "Music piracy suits wend through courts." MSNBC News: Aug. 20, 2004. [Available online] http://www.msnbc.msn.com/id/5773666/ [Accessed on September 12, 2004]
Copyright Law in Hong Kong
Internationally, Hong Kong has been obligated to protect copyright pursuant to various international as well as domestic copyright conventions which apply to Hong Kong. Amongst the importance of intellectual property right, copyright as well has been recognized under Article 15(1) of the International Covenant on Economic, Social and cultural rights (ICESC) specifying that "The States Parties to the present Covenant recognize the right of everyone… to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author & #8230;" The same provision is found in article 27(2) of the Universal Declaration of Human ights (UDH).
On the other hand the freedom of expression has been protected under Article 27 of the Basic Law and Article 16 of the Hong Kong Bill of ights (BO). It specifies that "Hong Kong residents shall have…
Contracting Parties (2012) "WIPO Copyright Treaty (Total Contracting Parties: 89)." World Intellectual Property Organization. Retrieved 14 July 2012 from http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html
N.W. Nethanel,(2008) 'Is copyright the "engine of free expression"?' In Copyright's Paradox, Oxford University Press. Retrieved 14 July 2012 from http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
Samuels, Edward. 1989. "The Idea-Expression Dichotomy In Copyright Law" 56 TENNESSEE LAW REVIEW Retrieved 14, July 2012 from 321-463. http://encyclo.findlaw.com/1610book.pdf
Wendy J. Gordon and Robert G. Bone (1999) "1610 COPYRIGHT" Boston University School of Law, Retrieved 14 July 2012 from
As technology and the capability of removing artifacts from recordings improve this area of the law will be likely to be revisited in the future.
This last revision to copyright law raised more questions than it answered. For instance, was it acceptable to colorize black and white movies? Did this alter them from the original work, or was this an acceptable? Was it OK to alter pieces of work to make them more family oriented, or politically correct? Many of these issues are still a topic of debate in legal circles. As case law progresses, it is likely that many of these issues will be codified in future versions of the law.
Technology was a driving force in changes to copyright law over the years. When the concept of copyright, was first introduced, the printing press was a new idea. The idea of recording sounds or voices was not introduced…
NG, Rachel. Music Paralegals. May/June 2005. Legal Assistant Today. 27 September 2008 http://www.legalassistanttoday.com/issue_archive/features/feature1_mj05.htm
PatentOffice.com. Copyright Transference and duration. .2008. PatentOffice.com 29 September 2008. http://www.patentoffice.com/copyright-attorney.cfm
Schleimer, J. And Freundlich, K. (2001). Criminal Prosecution of the Online "File Sharing." August 2001. Journal of Internet Law. 29 September 2008. http://www.schleimerlaw.com/criminalprosfilesharearticle.htm .
US Copyright Office. U.S. Copyright Office Forms. 13 September 2008. U.S. Copyright Office. 29 September 2008. http://www.copyright.gov/forms/ .
Copyright Laws vs. Peer-to-Peer File Transfer
This paper presents a detailed examination of copyright laws, with a comparison to peer-to-peer file transfer. The author will take the reader on an exploratory journey, in which the details and outcomes of several well-known cases will be scrutinized. The author will also discuss the importance of copyright laws, and the elements of various cases that caused the rulings to go the way they did. The paper will also include a discussion about the effect Hollywood has on copyrights when it comes to issues such as the ability to download movies and songs. There were seven sources used to complete this paper.
Copyrights vs. peer-to-peer file transfer revisited
When the technological explosion of the last few decades created issues in the area of copyright law, many people thought it would be a cut and dry decision. They were wrong. For the last several…
Bedell, Doug (1999, August).COMING TO A PC NEAR YOU: First-run movies begin toroll into homes, raising chills in Hollywood., The Dallas Morning News, pp 1F.
Peer-to-Peer File Sharing and Copyright Law after Napster (Accessed 4-3-2002) by Fred von Lohmann Peer-to-Peer question and answer forum appears here. http://www.eff.org/IP/P2P/Napster/20010227_P2P_Copyright_White_Paper.html
Peer to Peer File Sharing (Accessed 4-3-2002)
Another instance may be where a novel writer retains authorship of the novel but can opt to allow a publisher to hold exclusive rights as to the copyright of the novel.
Although copyright law exists to protect an author's right to his or her works, the protection is not in perpetuity but has time limitations. Depending on the country where the copyright law is in place, the protection can be from several years to several decades. In the case of the United States Copyright Act of 1976, "the duration of the copyright for works created after January 1, 1978 is life of the author plus an additional 70 years as per 17 USC §302(a) as amended 1998 and current to November 2008 (Standler 2010). This is a general provision though since there are some works that are already considered in the public domain (especially those published before 1923) while others…
Copyright Website LLC. What is Copyright? 2011. 30 Jul. 2011. .
QuestionCopyright.org. The Surprising History of Copyright and The Promise of a Post-Copyright World. 2011. 30 Jul. 2011. .
Radcliffe, Mark F. And Diane Brinson. "Copyright Law." FindLaw for Legal Professionals. 1999. 30 Jul. 2011. .
Standler, Ronald B. Observations on Copyright Law. 20 Jun. 2010. 30 Jul. 2011. .
To promote innovation in developing new technologies, Copyright laws need to be considered and implemented into the innovation plans. Internet Service Providers (ISP) can be held liable for a user committing copyright infringement on the ISPs site under specific circumstances. Internet users who violate Copyright Law can be held responsible by copyright owners and ISPs. Copyright owners can prosecute ISPs and their users by meeting certain conditions, such as cogent evidence.
There are lessons to be learned from Roadshow Film Pty Ltd. v iiNet Limited (AFACT v iiNet) (Moore, 2012). ISPs can terminate or suspend a user account for violation of a Customer Relations Agreement that clearly states that violations of law would hold certain consequences, such as termination of the account. Copyright owners must provide cogent evidence of the acts in a written notice to the ISP that states the methodology of the investigation and the findings.…
Moore, D. & . (2012, Apr 23). Roadshow dartFilms Pty Ltd. v iiNet Limited-High court decision handed down. Retrieved from Cornwall Sto: http://cornwalls.com.au/sharing-knowledge/legal-updates/roadshow...%E280%93-high-court-decision-handed-down.aspx
News commentaries online face even more difficulties in regard to laws regarding digital distribution and what constitutes fair use.
Fair Use Focusing on Educational Uses
The fair use exception as it applies to educational cases has raised significant issues for teachers and public relations practitioners. Emerging technologies bring new challenges for today's teachers; the Internet and availability of computers and digitizing equipment provide ready access to great reservoirs of information and knowledge (Newsome, 1997). Newer technologies also allow teachers to transfer, copy, and digitize learning materials faster and easier than ever, and as a result, educational uses raise many questions. Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. However, the limits of what can be used are difficult to interpret. Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially…
AUSC Annenberg. (2007). Fair Use Under Fire. Retrieved July 31, 2007, at http://www.ojr.org/ojr/stories/060223day/.
Bangeman, E. (2005). Congress gives fair use legislation a hearing. Retrieved July 31, 2007 at http://arstechnica.com/news.ars/post/20.html
Carter, Mary E. (1996). Electronic highway robbery: An artist's guide to copyrights in the digital era. Berkeley: Peachpit Press.
Chase, Mark E. (1997). Educator's attitudes and related copyright issues in education:
Secondary Liability, Copyright Law
The content holders now face more challenges than ever before on a global basis because of the digital copyright law. Because of the advancement in the digital technologies the content industry now has a lot of ways through which they can publish the product and services such as: CDs, DVDs and MP3s. Although the CDs and the DVDs are sold through the usual ways but the digital format has given customers the opportunity to make use of a more flexible working models. Because of the availability of the copyrighted media on the internet they can now download individual songs rather than the complete albums and people can download these songs on their iPods and home computers etc. (Lipton, 2009).
These copyright laws have created many comforts for the customer and the content holders as well as they can now make multiple copies of their…
Apple Press Release, Apple Launches the iTunes Music Store, April 28,2003, http://www.apple.com/pr/library/2003/apr/28musicstore.html .
Gee, L And Ivanova, L. (2006). Fragmentation vs. Standardization in the Market for Digital Rights Management Solutions: A Case Study Of The Online Market For Audio And Video Content. Taken from: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=920711
Lipton, J.D. (2009). Secondary Liability and the Fragmentation of Digital Copyright Law. Case Research Paper Series in Legal Studies.
Pang, L (2006). Cultural control and globalization in Asia: copyright, piracy, and cinema. Routledge.
Technology has quickly taken over several key areas of entertainment. From journals to music, everything seems to make the shift towards online and streaming versus hard copy. With emerging technologies and increasing internet usage, debates arose over the topic of artistic and literary works. More specifically copyright law and the open list approach versus the closed list approach. While the government changes policy and law according to need and evolution, it is important to look back on how the EU dealt with music and things like performances and broadcasts in order to see why an open list approach to music and copyright would be a better fit versus a closed one. Cases will also provide additional supplementary information as well as help provide an understanding of real world application and efficacy of closed or open list policy to music.
In the 1960's phonograms, performances, and databases became a topic of…
Copyright law is designed and enacted to protect artists and other creators. Just as an inventor deserves to patent an invention, an artist deserves the right to own created material including but not limited to film, photography, music, and writing. Although copyright law in many cases ignores the rights of consumers to do as they please with materials they legally purchased, American federal and state statutes do the best they can to create a fair and balanced marketplace. Upon reviewing the United States Copyright statutes, the U.S. Copyright Office's "Copyright Basics" document, the American University Copyright School compendium of resources on copyright, and the American University copyright quiz, I have determined that I need to learn a little more about what is and is not legal behavior.
The answers to the quiz that I got right include basic issues related to plagiarism of academic sources. I must cite…
"American University Computer Use and Copyright Policy." Retrieved online: http://www.american.edu/loader.cfm?csModule=security/getfile&pageid=2609353
Copyright School: https://www.american.edu/counsel/upload/Copyright-Assignment.pdf
Templeton, Brad. "Ten Big Myths About Copyright Explained." Retrieved online: http://www.templetons.com/brad/copymyths.html
ally ound the Trade Name
Explain whether or not the fact that Gabby's surname is ally gives her the right to use it any way she wishes.
The mere fact that Gabby's surname is ally does not give her the right to use the name in any means of her choosing. A person's name, alone cannot be trademarked. "Personal names (actual names and pseudonyms) of individuals or groups function as marks only if they identify and distinguish the services recited and not merely the individual or group" (United States Patent and Trademark Office, n.d., para. 1). Furthermore, if another company was using the name ally and had documented a viable trademark claim, that company would have priority use of the mark, despite Gabby's personal connection to the name.
Victor Moseley incorporated his first name into his adult novelty store name, Victor's Little Secret, much to the chagrin of the well-known…
Moseley, dba Victor's Little Secret v. V Secret Catalogue, Inc. (2003). 537 U.S. 418, 633. Retrieved from http://www.law.cornell.edu/supct/html/01-1015.ZS.html
GovTrack. (2006). H.R. 683: Trademark Dilution Revision Act of 2006. Retrieved from http://www.govtrack.us/congress/bill.xpd?bill=h109-683
Stossel, J. & Goldberg, A.B. (2005). Starbucks vs. Sambucks Coffee. Retrieved from http://abcnews.go.com/2020/GiveMeABreak/story?id=1390867
United States Patent and Trademark Office. (2010). Basic facts about trademarks. Retrieved from http://www.uspto.gov/trademarks/basics/index.jsp
The United States Copyright Office was established in 1897 to protect the work of designers and artists. The office administers the U.S. Copyright Act 1976 and other laws and regulations governing copyrighted work (U.S. Copyright Office). According to the American Institute of Graphic Arts (AIGA 78), a professional association involved in airing and protecting the interests of artists and designers, copyright safeguards the ownership of work originally created by a designer. ith copyright protection, the designer exclusively controls whether the work can be copied or not. The designer maintains exclusive rights to reproduce, display, perform and license the work. Accordingly, the owner of a copyright can sue for damages in the event of copyright infringement. Nonetheless, even with legal mechanisms as well as AIGA and other professional associations such as the Graphic Artists Guild, copyright protection remains a challenge.
The challenge of copyright protection has even been greater in…
American Institute of Graphic Arts (AIGA). Design business and ethics. New York: Richard Crefe, 2009.
Clipart.com. Web site terms. Clipart.com, n.d. Web. 22 December 2016.
Fonts.com. Your access to and use of the services. Fonts.com, n.d. Web. 22 December 2016.
Graphic Artists Guild. About. Graphic Artists Guild, n.d. Web. 22 December 2016.
Happy Birthday Copyright
Copyright law: Happy Birthday
Is Bobby Bandleader violating the copyright of Johnny Singstealer?
According to copyright law, the owner of a copyright has the exclusive right to: "reproduce the work in copies; to prepare derivative works based upon the work; to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; to perform the work publicly; to display the copyrighted work publicly," and "in the case of sound recordings, to perform the work publicly by means of a digital audio transmission" (Copyright infringement, 2012, Copyright.gov).
Of course it is true that many people sing Happy Birthday every day and do not have to pay royalties as a result. But when they do so, they are singing for their own pleasure, not to receive monetary compensation. If I sing in the shower, I cannot be…
Copyright infringement. (2012). Copyright.gov. Retrieved:
Happy Birthday, we'll sue. (2007). Snopes. Retrieved:
They may not install personal copies of software they purchased for home use on a school computer; or make copies of school-owned software for either home use or to share with parents and students.
In addition, the laws address the use of shareware. Sometimes people think of shareware as "free," but it is not, and schools may not use shareware beyond the date at which the shareware copyright owner demands payment. In addition, although freeware is free in that the school does not have to pay for it, the law states that people may not sell freeware. Schools are not likely to do that, but they also cannot alter the freeware for any kind of commercial purpose, even if their goal was to support educational goals in some way (Education World).
The cumulative effect of these laws require that schools (as well as everyone else) use commercial software only in…
Association of Research Libraries (ARL). "A History of Copyright in the United States." Accessed via the Internet 6/2/09. http://arl.cni.org/info/frn/copy/timeline.html#20C
Education world. "Applying Fair Use to New Technologies." Accessed via the Internet 6/2/09. http://www.education-world.com/a_curr/curr280d.shtml
Minnesota State Colleges and Universities (MSCU). "Copyright Law/History," in Intellectual Property and Copyright. Accessed via the Internet 6/2/09. http://copyright.mnscu.edu/introduction.htm
NCSU. "The TEACH Toolkit." Accessed via the Internet 6/2/09. http://www.lib.ncsu.edu/scc/legislative/teachkit/
Australian Property and Trust Law
The objective of this study is to examine a specific scenario. That scenario involves the writer of this work as solicitor for the Goldstone City Council, a fictional authority in Queensland, Australia and head of the property law division of the Council under the direction of the Head Legal Counsel. The Head Legal Counsel has asked the writer to provide a written response to her in regards to the following matter: In 2014, a wealthy local citizen, Mr. obert Kennedy, died. Clause 5 of his Will provides:
"I GIVE AND BEQUEATH the sum of FIVE HUNDED THOUSAND DOLLAS ($500,000.00) to my trustee, the said James Stewart, to establish a fund for the intercultural education of my grandchildren within the Asia-Pacific region AND I DECLAE that the fund so created shall be utilized towards the costs of travel and accommodation within that region and the costs…
Preece, AA (2000) The Impact of the Law of Inheritance on the Family. Paper delivered at the 7th Australian Institute of Family Studies. Conference Sydney Convention and Exhibition Centre, Darling Harbor Sydney, 24-26 July 2000. Retrieved from: http://www.aifs.gov.au/conferences/aifs7/preece.pdf
Types of Testamentary Trusts (nd) Moores. Retrieved from: http://www.moores.com.au/images/uploads/files/Types_of_Testamentary_Trusts.pdf
Wills and the Legal Effects of Changed Circumstances (2010) Alberta Law Reform Institute. Edmonton, Alberta. Retrieved from: http://www.law.ualberta.ca/alri/docs/fr098.pdf
Wills: The Anti-Lapse Rule: Supplementary Report to the Standing Committee of Attorneys General. National Committee for Uniform Succession Laws. Retrieved from: http://www.qlrc.qld.gov.au/reports/r61.pdf
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.
Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business
It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…
DuPlessis D., Enman S., Gunz S., O'Byrne S., (2011), Canadian Business and the Law, Nelson Education Ltd., pp 5-110
Inability of Analogous Copyright Laws to Work Well in the Classroom and Society of the Digital Age
Traditional copyright protection laws have for sometime now been unable to give complete protection to the rights of those who 'own' various types of media, ranging from books and articles to photographs and music. In the opinion of some, this change has mostly been as a result of the absence of strict laws needed to improve such rights. As a consequence, a key matter of interest emerges from "Overwrought copyright: The inability of Analogous copyright laws to work well in the classroom and society of the Digital Age" One hugely unexamined area that is a central and important question, is the role the doctrine of 'first sale law' will play in the future of digital copyright laws. The requirement that those who hold copyright transfer the control power of many applications of a…
Baldwin, P. (2014). Copyright and Authors' Rights In The Nineteenth Century. The Copyright, 14.
Burleson, K. (2014). Learning from Copyright's Failure to Build its Future. Indiana Law Journal, 89(3), 1301-1325.
Dicola, P. (2013). Copyright Equality: Free Speech, Efficiency, and Regulatory Parity In Distribution. Boston University Law Review, 93, 1838-1872.
McGrail, J.P. & McGrail, E. (2010). Overwrought copyright: Why copyright law from the analog age does not work in the digital age's society and classroom. Education and Information Technologies, 15(2), 69-85.
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…
Pattern: Copyright Infringement
With copyright infringement becoming an increasingly common issue in the wired world, it has become all the more important to discuss the situations where infringement occurs out of territory. According to U.S. copyright infringement laws, the courts can only decide a case where the infringement occurred within the U.S. territory and all other cases would be dismissed on grounds of forums non-conveniens. But in the world of Internet, we can no longer allow such strict territorial treatment in cases of copyright infringement because there is a good chance now more than ever before that infringement would occur abroad especially in the case of music and other creative arts. We shall now discuss a hypothetical case in the light of real precedents and apply our laws to see how such a case would be decided.
Bill is a U.S. citizen residing in Germany. He creates some tunes online…
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
Threats to Ownership and Copyright of Intellectual Property
The intellectual property (IP) is defined as an original creative work, which may be tangible or intangible form legally protected by law. (aman, 2004). The intellectual properties include the rights to scientific, artistic and literary works. Moreover, IP covers the invention of human endeavor, scientific discoveries, and industrial design. A current revolution of information technology has made IPs the greatest assets of assets. In the last few decades, there has been a rapid growth of digital discoveries where the IPs of the digital products are in electronic format. However, hackers have taken the advantages of the digital form of IP products by invading and stealing their IP in order to produce the counterfeited products and later sell them online. (Zucker, & Nathan, 2014). IP theft refers to an infringement of patents and copyright through counterfeiting of digital theft. Counterfeiting is an imitation…
Barker, D. M., (2005). Defining the Contours of the Digital Millennium Copyright Act: The Growing Body of Case Law Surrounding the DMCA, 20 Berkeley Tech. L.J. 47.
Guess, R., Hadley, J., Lovaas, S., & Levine, D.E. (2014). Protecting digital rights: Technical approaches. In Bosworth, et al. (Eds.), Computer Security Handbook (6th ed., pp. 42.1-42.23). New York, NY: John Wiley & Sons.
IP Center (2011). Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad. National Intellectual Property Rights Coordination Center.
NIPRCC (2011). Intellectual Property Rights Violations: A Report on Threats to United States Interests at Home and Abroad .National Intellectual Property Rights Coordination Center.
Corrections/Law Enforcement H Website
When I searched for the occupation correctional officer (CO), after using the 'visit' button next to the "My Next Move" tab, a list of matching and similar occupations appeared rapidly ("I want to be a & #8230;," n.d.). At the top of the list was a link for job information about COs and jailers. Some preliminary information was presented to the right in a columnar format, which is apparently intended to give an extremely short overview of job outlook, the environmental soundness of the career, and whether training is required. When I clicked on the link for COs and jailers, I was immediately taken to a new webpage providing more detailed information about these three criteria and other job-specific information. Navigating my way through these three webpages took less than two minutes. My experience of navigating to job information about COs using the O-Net esource Center…
"I want to be a & #8230;" MyNextMove.org. Retrieved 17 Nov. 2012 from http://www.mynextmove.org/ .
NCOD (National Center for O*Net Development). (n.d.). O*Net Interest Profiler. MyNextMove.org. Retrieved 17 Nov. 2012 from
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.
DIGITAL MILLENNIUM COPYIGHT ACT
INTODUCTION TO DMCA
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 http://www.macfergus.com/neils/dmca/cia.html
Lev Grossman, Business/The Future of Copyright: Digital Divisiveness., Time, 08-28-2000, pp. 40.
Scenario: Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com 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 TraderRon.com'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…
Information Technology Copyright Issues
There is no doubt that the digital revolution ushered forward by the computer and Internet age has changed myriad aspects of contemporary society. In addition to significant social and cultural changes and the evolution of political discourse on a global basis, the digital revolution has also profoundly changed the landscape of centuries of established legal principles that pertain to the proprietary ownership and protection of original intellectual property (Halbert & Ingulli, 2009). At the time that modern laws of copyright, trademark, and the very definition of intellectual property were created and defined as legal concepts the prospect of their light-speed transmission and storage in vast quantities by ephemeral entities that exist mainly in cyberspace were completely outside of the scope of contemplation by legislators and intellectual property creators alike.
As a result, the first two decades of the Internet age have witnessed legal disputes arising from…
Bagley, C.E. And Savage, D. (2005). Managers and the Legal Environment: Strategies
for the 21st Century. CA: South-Western College/West Publishing.
Halbert, T. And Ingulli, E. (2009). Law & Ethics in the Business Environment.
Cincinnati: West Legal Studies.
The WTO, through its
primary role as a mediator, negotiator, and monitor of international trade
policies and disputes, serves by design as a gatekeeper of international
trade, offering the structural conditions and assembled authority to exact
a legitimate level of authority over its member nations. This accounts for
the appropriation of many of the conditions resulting from previous global
conventions relating to intellectual property for use in the TRIP
legislation, with its reinforcement under the parameters of the new WTO
denoting an intellectual property structure with theretofore unprecedented
regulatory relevance. (Chadha, 1)
In considering the content of the TRIP agreement in light of its legal
implications, the function of the WTO comes into more vivid focus. Indeed,
we can see through its approach to intellectual property and patent
protections, which its legislative and philosophical thrust tends to
endorse as a mode to sustainable global development, that the WTO is
A. Chadha. "TRIPS and Patenting Activity : Evidence From the Indian
Pharmaceutical Industry." U. of Conn.: Dept. of Econ. (2005).
Z. Chengsi. "The TRIPS Agreement and Intellectual Property Protection in
China." 9 Duke J. of Comp. & Int'l L.. (2000).
After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…
Trademark and patent rights are important in the international perspective and have become the bone of contention in world trade matters. One of the most important discussion and formulation of policies of the Doha ound of the World Trade Organization that was held in 2002 started with the discussion of patents and trademarks. The para 17 of the release of the directors show that the WTO is concerned and is working for the "implementation and interpretation of the Agreement on Trade-elated Aspects of Intellectual Property ights (TIPS Agreement)." (WTO, 2002) the council further noted that the work begun by the Council for Trade-elated Aspects of Intellectual Property ights -- TIPS brought in the 'notification and registration of geographical indications' for many products. (WTO, 2002)
The geographical and color question:
The geographical rarity and the patent issued to a geographical product that has unique identity of its own are…
Bennett, Simon. (2012) "The Height of Confusion: Christian Louboutin v YSL Trademark
Infringement" Fox Williams' Fashion Law Group.
Retrieved 14 November, 2012 from http://www.fashionlaw.co.uk/site/fashion_focus/height_of_confusion.html
Elliott, Hannah. (2012) "Both Sides Claim Victory in YSL v. Louboutin Shoe Case"
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 http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html
The United States Patent and Trademark Office, (2013). Madrid Protocol. Retrieved September 3, 2013 from http://www.uspto.gov/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 http://www.law.cornell.edu/treaties/berne/5.html
Utility Patents and Employee Contracts
Since the before the beginning of the industrial revolution, the United States Patent and Trademark Office has been recording and protecting the ideas and gadgets of inventors. But, what exactly is a patent and what laws govern the patent process? ho can file for a patent and what is the process for applying? hat benefit are received if a patent is in place? Does a patent cost money and who enforces the fact that a patent is in place? These and many more questions will be addressed throughout this research presentation.
It is the end of your first week of work at the new factory and while on the line you design a brilliant new piece of machinery that just could be the next great gizmo in this industry. You realize that if it works and if its marketed properly, well hey, you…
Grubb, Philip W. Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy. Oxford: Oxford U, 1999.
Harbert, Tammi. "Do Not Go Idly Into That Employment Agreement; Watch What You Sign; Your Inventions Won't Necessarily Belong To You. (Engineers' Employment Agreements)." EDN (1990).
Holzmann, Richard T. Infringement of the United States Patent Right: A Guide for Executives and Attorneys. Westport CT: Quorum Books, 1995.
Patent Law: An Overview. Ed. Legal Information Institute. 21 Nov. 2003 http://www.law.cornell.edu/topics/patent.html .
Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.
Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.
" 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.
y extending the copyright term it virtually ensures that the person's children and possibly grandchildren will also not have to see that take place.
Other than peace of mind for future generations of relatives, however, there is really little to gain by an extension of the copyright period. The original creator of the work is gone, so he or she will not be complaining, and the original copyright act went fifty years beyond that person's death, so an extra twenty years does not gain much. What it does do is stop people with ideas that are creative and unique to some degree but would also play on or work with an older idea from getting those ideas to market and into the hands of readers and consumers.
This actually hurts the public as a whole, and people do not even realize it. It can also hurt creative people like writers…
Cheeseman, Henry R.(2003). Contemporary Business & E-Commerce Law, 4th Edition, Prentice Hall ISBN: 0-13-034852-X
Society Bring Law
There is a fair amount of veracity in the assumption that major changes in society frequently account for changes in laws. The relationship between these two occurrences appears fairly direct and even logical. Major changes in society ultimately result in different types of behavior in people. When people begin acting differently, their actions tend to produce different consequences than before whatever change was made in society. Not all of these consequences are favorable. Some are dangerous, and many times, they are unforeseen and can have a significant impact on society in a way that was not intended due to whatever sort of change was initiated. Therefore, there are frequent occurrences of alterations in the law to accommodate for these unforeseen occurrences, and to attempt to preserve the original spirit and safety of the law.
Numerous examples can substantiate this thesis. Virtually any aspect of technology…
Brown, D. (2012). "Cell phones and driving in California." Nolo. Web. Retrieved from http://www.nolo.com/legal-encyclopedia/cell-phones-driving-california-law-29709.html
Kay, M., Vance, Andrea. (2011). "Controversial internet file-sharing law passed." Stuff.co.nz. Web. Retrieved from http://www.stuff.co.nz/technology/digital-living/4885041/Controversial-internet-file-sharing-law-passed
Miller, N. (2010). "Georgia's new texting while driving law." HG.org. Web. Retrieved from http://www.hg.org/article.asp?id=19555
yber Ethics, Morality, and Law
A lot security and privacy issues have attracted the attention of many individuals with the coming internet communication and cyber-wars. World leaders caution that the cyber threat to the country is a standout amongst the most national and economic challenges security challenges we confront. This has also raised numerous concerns regarding the legal parameters of cyber activities like the standards relevant to cyber war (Dipert, 2010). Parallel to the developing investment in the lawful parts of cyber war is the increasing number of concerns concentrated on the moral perspective. That is an essential attention for any military attempt in the handling cyber operations. Developing concern about the moral aspect of cyber exercises influenced this study. This study will discuss ethical, moral and legal perspectives of cyber operations.
Dunlap, ., J. (2013). Some Reflections on the Intersection of Law and Ethics in yber War.…
Cook, J., C. (2010). Cyberation and Just War Doctrine: A Response to Randall Dipert. Journal of Military Ethics, Vol. 9, No. 4, 411- 423
Dipert, R.R. (2010). The Ethics of Cyberwarfare, Journal of Military Ethics, 9(4), pp. 384410 (Abingdon, Routledge).
Dunlap, C., J. (2013). Some Reflections on the Intersection of Law and Ethics in Cyber War. Air & Space Power Journal Vol. 2, No. 1, 22-38
FREE TRADE AGREEMENT- JORDAN-U.S.
Middle East has been the most volatile and conflict-infested region of the world, which has not only led to political instability but has also adversely affected economic conditions of the area. While the rest of the world is encountering a slow down in the economic activity primarily due to external factors, Middle Eastern areas have no one to blame but their violent history, which is fraught with domestic conflicts. To protect the economic conditions from, further deceleration, Middle Eastern countries refrained from adopting the principles of free trade. Several investment barriers were placed on foreign firms to remove risks of competition and to help the local firms grow and prosper. While on the one hand it did help the local markets, it also resulted in economic problem emerging from lack of competition and lack of foreign investment in the region. Keeping this in view, the last…
1. Daniel Pipes, The real 'new Middle East, Commentary: Volume: 106. Issue: 5. Publication Date: November 1998.
2. King Abdullah Ii - Heir Jordan: one state's story of economic transformation. Journal Title: Harvard International Review. Volume: 24. Issue: 4. Publication Year: 2003.
3. Ahmed Galal and Robert Z. Lawrence: Building Bridges: An Egypt-U.S. Free Trade Agreement. Publisher: Brookings Institution. Place of Publication: Washington, DC. Publication Year: 1998.
4. Moin A Siddiqi ECONOMIC REPORT: JORDAN. Magazine Title: The Middle East. Publication Date: September 2000.
Ethics in Software and Copyright Infringements in the Balkans
The first point one has to look at is the situation in these countries and their position in terms of development as also the size of the potential market. There are a total of eight countries and most of them have been in political turmoil till about ten years ago. These countries are all breakaway portions of other bigger countries, or the soviet empire. The software market is small but there are already participants in it from United States which means that there is a lot of future potential development. On the side of the governments there are definite efforts to legalize the situation of software, though full achievement will take quite sometime. At the same time, there are a lot of conflicts within the big names in the industry -- Microsoft and Linux -- and this is leading to advantages…
A country-by-country looks at the Balkans. (1999) The Christian Science Monitor. Retrieved from www.csmonitor.com/durable/1999/03/16/p12s2.shtml Accessed on 2 August, 2005
58 items found for Balkans. Retrieved from http://search.ebay.com/Balkans Accessed on 1 August, 2005
Jovanovski, Mirche. (2003) Government Chooses Microsoft, Irritating the Open Source Software Proponents. Retrieved from http://www.realitymacedonia.org.mk/web/news_page.asp?nid=2767 Accessed on 1 August, 2005
Mellon supports expanding subsidiaries with Altitude Software. (2005) Retrieved from http://www.strategiy.com/inews.asp?id=20050711092211 Accessed on 1 August, 2005
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 http://www.pcworld.com/article/192803/geolocation_101_how_it_works_the_apps_and_your_privacy.html
Modern Technology Council (2012). Retrieved http://www.sacouncil.org / 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.
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 http://www.slate.com/articles/technology/future_tense/2013/03/dmca_chilling_effects_ho w_copyright_law_hurts_security_research.html
Festa, P. (2003). Jury convicts man in DMCA case. Cnet, 23 Sep 2003. Retrieved from http://news.cnet.com/2100-1025-5080807.html
Kravets, D. (2008). 10 Years Late, Misunderstood DMCA is the Law That Saved the Web. Wired.com 27 Oct 2008. Retrieved from http://www.wired.com/threatlevel/2008/10/ten - years-later/
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 http://usatoday30.usatoday.com/money/companies/story/2012-04-07/apple-iPad-generic- 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 http://www.jstor.org/discover/10.2307/1599488?uid=3739552&uid=2&uid=4&uid=3739 256&sid=21101868846423
McKenna, M. (2007). The normative foundations of trademark law. Notre Dame Law Review, 82(5), 1839. Retrieved from http://www.inta.org/Academics/Documents/finalndlawreview.pdf
CAD Mex Case Study
Globalism has resulted in a number of changes for the economic viability of the modern corporation. As both the developed world evolves in their new market structure, the developing world adds to the pressures and changes necessary to do business in the contemporary environment. Doing business is not the same worldwide, and the citizens of the global village realize that there are different cultural norms, behaviors, and expectations that stakeholders of all types have when thinking about the modern corporation. Business ethics sets up standards for organizations to act in a way that may be considered right or wrong, or at the very least acceptable or unacceptable. As trade barriers are falling around the globe, differences in morality are gaining more interest regarding such issues as human rights, political behavior or even environmental conservation. The core purpose of a multinational business is to continue to grow…
CISG Law. (2011). Pace University. Retrieved from: http://www.cisg.law.pace.edu/cisg/text/e-text-01.html .
Uncertainties bedevil plans to keep world trade flowing. (2008, November 28). The
Canberra Times. Retrieved from: http://www.canberratimes.com.au/news / opinion/editorial/general/uncertainties-bedevil-plans-to-keep-world-trade-flowing/1372766.aspx.
Mayfield, M. (2003, April 1). Doing Business Across Borders. Retrieved from SVC.com: http://svconline.com/mag/avinstall_doing_business_across/
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.
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.
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…
Judicial Interpretation Theory
Judges draft no legislation, but they create law nevertheless, through their powers of judicial interpretation. Judges determine the outcome of particular cases by interpreting the meaning of a single phrase, and sometimes, a single word within the applicable statute. By creating legal precedents, jurists sometimes decide entire lines of future cases merely by how they choose to interpret a single word, or to resolve a singe apparent ambiguity in the language of a statute.
American judges have developed numerous "canons" of jurisprudence that are supposed to operate as rules against arbitrary interpretation, such as:
The expression of one thing constitutes the exclusion of others."
Statutes that change the common law must be strictly construed."
Penal statutes must be construed narrowly to protect the accused."
Legislative intent in penal law must be found in the language actually used in the statutes."(Carter p.67)
egardless of any rules or principles…
Carter, L.H. Reason in Law (1979) Little Brown & Co.
Haskell, P.G. Why Lawyers Behave as They Do (1998) Westview Press
Kutler, S.I. The Supreme Court and The Constitution: Readings in American
Constitutional History (1984) W.W. Norton & Co.
ole of Technology in Corporate and Social esponsibility
Insider trading. The insider trading case that has become most prominent is that against aj ajaratnam who ran the hedgefund Galleon Group, and was charged along with his co-defendant, Danielle Chiesi, a former consultant with New Castle Funds, LLC ("Insider Trading," 2010). ajaratnam was convicted of 14 counts of insider trading, which makes this case the largest scheme concocted by a hedge fund ("Insider Trading," 2010). ajaratnam's sentence was 11 years in prison accompanied by a $10 million fine ("Insider Trading," 2010). ajaratnam was part of a "triangle of trust" that functioned as a deliberately corrupt business model in which inside information is fed through networks of experts to traders within various companies ("Insider Trading," 2010). Along with five others, ajaratnam worked with a network of consultants and insiders to net in excess of $20 million between the years 2006 to 2009…
Angwin, J. (2010, July 30). The new gold mine: Your secrets. The Wall Street Journal. Retrieved http://online.wsj.com/article/SB10001424052748703940904575395073512989404.html A web of insider trading charges. (2010, April 1). The New York Times. Retrieved http://www.nytimes.com/interactive/
Insider Trading, Times Topics, (2011, December 6). The New York Times. Retrieved http://topics.nytimes.com/topics/reference/timestopics/subjects/i/insider_trading/index.html
Representative Stearns introduces consumer privacy protection act. (2011, April 15). Privacy and information Security Law Blog. Hunton & Williams LLP. Retrieved http://www.huntonprivacyblog.com/2011/04/articles/representative-stearns-introduces-consumer-privacy-protection
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.
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 http://asq.org/learn-about-quality/project-planning-tools/overview/gantt-chart.html
Silliman, J. (2010). Using "borrowed" material. Retrieved from http://www.scu.edu/ethics/dialogue/candc/cases/borrowed.html
Taylor Jr., J. (2010, May 27). Top ten benefits of a gantt chart. Retrieved from http://www.brighthub.com/office/project-management/articles/2434.aspx
U.S. Copyright Office, (n.d.). Copyright laws of the United States. Retrieved from http://copyright.gov/title17/
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).
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
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. Youtube.com, Web, Available from: http://www.youtube.com/watch?v=Uiq42O6rhW4&feature=youtu.be . 2012 January 15.
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 megaupload.com. 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.
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…
The American Bar. (N.d.). Intellectual Roundtable. Retrieved from The American Bar: https://apps.americanbar.org/litigation/committees/intellectual/roundtables/0506_outline.pdf
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.
IT Ethics -- Annotated Bibliography
Bowie, Norman E. (2005). Digital Rights and Wrongs: Intellectual Property in the Information
Age. Business and Society Review, 110(1), 77-96.
Norman Bowie takes great pains in his peer-reviewed article to point out what is legal an what is not legal when it comes to recording / taping from television and from the Internet. In fact Bowie uses an illegal issue (downloading music from the Internet)
to present a moral issue: young people and students know it is illegal to download copyrighted music and movies, but they don't see it as immoral.
While Bowie zeros in on students and young people for their lack of morality vis-a-vis getting copyrighted music for free, his overall argument goes further than that copyright laws are justified when protecting "artistic creativity." He points to the fact that between
1999 and 2005, "...downloaders…reduced industry revenues by at least $700 million" and…
Contract Law: Contract Law
Marx et. al. v. The Globe Newspaper Co.
Full article available on the web at http://www.nwu.org/journ/glob0006.htm
The case -- article summary, facts, and overview
They want us to labor in "sweatshops in cyberspace," alleged Elizabeth Bunn of the Boston Globe.
Bunn was director of a writer union's Technical, Office and Professional Department and spoke regarding the 2000 dispute between freelance writers, illustrators, and photographers of the Boston Globe and the newspaper's editorial staff. The union representing the freelancers of the Globe began the court case of Marx et. al. v. The Globe Newspaper Co. In 2000. They filed a class action lawsuit on behalf of these one thousand freelancers.
The union sought an injunction in Massachusetts Superior Court against the Globe's unfair and deceptive trade and union negotiating practices regarding a contract between the freelancers and the newspaper. "The lawsuit was filed after the Globe attempted…
National Writer's Union. "Freelance Contributors Sue Boston Globe" June 12, 2000.
Full article available on the web at http://www.nwu.org/journ/glob0006.htm
National Writer's Union. "Tasini et al. Vs. The New York Times et al. Complaint." 1993.
Full case available on the web at http://www.nwu.org/tvt/tvtcomp1.htm
..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…
Hersche, Cody. "Zeros and Ones reach High Court." Legal Redux. April 2005. http://ledux.blogspot.com/2005/04/zeros-and-ones-reach-high-court.html
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. http://www.utdallas.edu/~liebowit/intprop/betamax.pdf
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…
Archaeological finds show that prehistoric man had already played music. Music and dance are the humans' most natural and original forms of expression. Berendt said of modern generations: "Nada brahma - all is sound," in nature. Stones, bones, pieces of wood, hollow vessels and cups make sounds when pushed, beaten or rubbed together. Stretched hides bang, the buzz of the arrow whizzing off the bow can be imitated with fingers and the murmuring, roaring and whistling of the wind can be caught in reeds, bone pipes or hollow branches.
Today, numerous types of different forms of music are played across the world. Because humans are so diverse, it comes as no surprise that people like different types of music. For example, there are many adults, many of them older, who do not particularly appreciate hip hop and rap. Part of this has to do with the slang language,…
Berendt, J.E. Nada Brahma. The world is sound. Rowohlt, Reinbek,1983.
Christenson, P.G. And Roberts, D.F. It's Not Only Rock & Roll: Popular Music in the Lives of Adolescents. New Jersey: Hampton Press, 1998.
Freidan, Gregory. "A Response to Professor Taruskin." New York Times, December, 2001.
Liske, Kenneth L. "A Statement of Educational Philosophy and Professional Purpose." University of Wisconsin. 11 May, 2005.
Grasso last year, contending that the $139.5 million payout that Mr. Grasso received in the summer of 2003 was exorbitant and in violation of New York's not-for-profit law, which states that executives at not-for-profit organizations, like the exchange, receive "reasonable" compensation. Mr. Spitzer has said he will seek more than $100 million back from Mr. Grasso. In his complaint, Mr. Spitzer cited the Webb report as crucial to his investigation. But until yesterday it remained confidential. The document describes some of the crucial points made in the complaint, among them that the board was misled about the size of Mr. Grasso's bonuses and that $13 million of his $139.5 million payment was vested when in fact it was not (THOMAS and Anderson 2005).
The antitrust authorities should permit Microsoft to merge with Yahoo because it will be more profitable in the end. This is due to the fact that…
Eternal Reward: $10,000. retrieved March 7, 2008, at http://www.ericdsnider.com/snide/eternal-reward-10000/
2007). CRIMES and CORRUPTION of the NEW WORLD ORDER NEWS. Retrieved March 7, 2008, at http://mparent7777-2.blogspot.com/2007_01_07_archive.html
2007). Friends' getting too friendly. Retrieved March 7, 2008, at http://www.apa.org/monitor/feb07/jn.html
Gunderman, Robert and Hammond, John.(2007). Reexamination of the Peanut Butter and Jelly Sandwich. Retrieved March 7, 2008, at http://www.ipfrontline.com/depts/article.asp?id=14617&deptid=3
Legal Protection for E-Commerce
The Internet is one of the lucrative facets in the global technology market. The Internet has taken the centre stage in illuminating everything taking place in the global commerce environment. With the presence of the Internet, diverse business activities can be executed in different environments. Nonetheless, the positives that have been realized from the Internet use come with dissimilar negative effects and uses among users. As far as the Internet has served to promote business activities, it has a number of disadvantages and negative effects. This has facilitated the establishment of laws to cater for these misappropriations.
This law handles intellectual property. Patents are facets that allow business individuals and organizations to formulate and sell various types of inventions like software programs, manufacturing processes, and mechanical processes. The federal law enables these people to have a rightful ownership and performance of their activities with…
Plotkin, M.E., Wells, B., & Wimmer, K.A. (2003). E-commerce law & business. New York,
Qin, Z. (2007). Introduction to E-commerce. Berlin: Springer Berlin