Digital intellectual property is the creative, intelligence, and artistic work produced by the creator whose value comes from the ideas, research, skills, and labor he/she put in. Intellectual properties are protected by the copyrights and patent law. Writing code and designing systems can be considered as intellectual property, and they are protected by the copyrights and patent law. However, in the computer software industry, there are some cases where the line between something original or simply copyright infringement is blurred out and the case between Oracle and Google for using JAVA APIs interface in Android is a good example. Google copied code from JAVA, used in their Android mobile platform, and Oracle own JAVA, sued Google for copyrights infringement.
Google 's Android is the most popular mobile platform in the world with more than eighty percent market share, and it is based on JAVA which was developed by Sun Microsystems and currently own by Oracle. JAVA is an open source language and open to the public to use for free. However, open source code does not allow modifying the code without licensing or publishing back the modified code in the open community. In 2007, when Google first released Android SDK beta, they have used some of the JAVA higher level interfaces that require licensing. Google knew that from the very beginning, modification of JAVA code and including them in the Android SDK is violating copyrights law yet they went on using the modified JAVA
Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.
Signed into law by President Clinton on October 28, 1998, the Digital Millennium Copyright Act (DMCA) "was the foundation of an effort by Congress to implement United States treaty obligations and to move the nation's copyright law into the digital age." ("Executive Summary DMCA Report") While this seems a valid description of the law, perhaps a more accurate interpretation lies in the following statement: "The DMCA is a piece of legislation rushed through Congress by the entertainment industry lobbyists to protect its monopoly on commercially-developed digital content, cartels, price-fixing, and to maintain its status quo as the single entity that can direct what should be 'popular' or 'used' by
Answer: Intellectual property is a property that is owned by an individual or an organization which can then choose to share it freely or to control its use in certain ways. It can
C) intellectual property: Intellectual property is any piece of work that you have created yourself using your own intelligence and creativity. Intellectual property is protected by the law by patents, copyright, and trademarks, which protects the property of the holder by giving the
Intellectual property protects legal rights and ownership in the market place through ‘intellectual property rights’. This can include trademarks, copyright, industrial design and patens. These protect brand names, designs and inventions.
These are complex questions about who has property rights in the picture of Tiger Woods. Let's first start with the individual contract Tiger Woods and General Mills has. If Tiger Woods and General Mills agree that General Mills has complete property rights of the picture, then General Mills, for the most part has complete rights as negotiated by the contract between the two parties. Any violation from this contract would be a breach of contract and could lead Tiger Woods to sue General Mills. An example would be General Mills posting the picture in a negative way that could be perceived as a defamation of character by Tiger Woods.
The term “Intellectual property” is the ideas, words and the contexts created by someone that becomes that personal belong. Where “plagiarism” is claiming someone’s work or ideas as your own without giving appropriate acknowledgement to the author’s work (page. 225).
Intellectual property rights were first born as far back as medieval Europe. During these times, groups of artisans in a particular industry were given permission from the government to control conduct in other industries. These group’s job were to oversee what items were being imported, marketed, produced as well as how new inventions were introduced to the market. [1] Intellectual law during this time period was driven mainly by political and religious reasons since they were a huge part of everyday life. In 1710, intellectual law was made more specific with the passing of the Statute of Anne. This gave inventors an initial 14-year protection period and a possible 14-year renewal. However, it did not protect the inventor from foreign-language translations and the people were able to complain if prices were too high. [2]
The World Intellectual Property Organization (n.d.) states intellectual property refers to creations of the mind. This can include inventions but also includes literary and artistic works, as well as symbols, names and images used in commerce. The World Property Organization (n.d.) categorizes intellectual property into two categories, which are industrial property and copyright. Industrial property includes trademarks, patents for inventions, and industrial designs and geographical indications. Copyright includes music, films, literary and artistic works (World Intellectual Property Organization, n.d.).
Intellectual property represents ideas created by minds of humans that require certain rights for their use. Intellectual property gives companies a competitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the ownership of intellectual property (Legal Information Institute).
Identify and discuss these copyright challenges in the modern digital economy using examples from case law.
Description of cultural attitudes towards and presumption about whether a person can own words and knowledge. Indicate if modern trends such as globalization and easy access to information affected these and give consideration as to whether are also applicable in an organization. Also indicate if the presumptions hold true in ones career as an employee of the organization and how may this essay be relevant to ones work.
Android is an operating system based on the Linux kernel. This means that it uses the core components of the Linux operating system as a basis for its programming. Google, the creator of Android, took the open source code of the Linux kernel to create its operating system. (Hoffman, n.d.) Even though Android uses much of the base code for Linux, it has been extensively modified to better work on mobile devices and any other hardware Google wants it to.
The movie Flash of Genius relates to Intellectual Property in that the intermittent windshield wipers were Robert Kearns’ own intellectual property. The movie has strong ties to patent laws of the United States as well as the 1941 Supreme Court case of Cuno Engineering v. Automatic Devices Corp which requires that a new device must “reveal the flash of creative genius, not merely the skill of the calling” (JUSTIA).The movie relates to this because Ford infringed on Kearns’ patent (that was still under protection) and Kearns claimed to have had a flash of creative genius (why can’t a windshield wiper blink like a human eye?). Because of this flash of genius, he came up with the idea for the intermittent wiper and it was not merely created as
Intellectual property is critical to many companies in order to foster innovation and boosting their revenues. Many industries rely on the protection of patents, trademarks and copyrights as they are valuable assets for companies’ success. By protecting intellectual properties, it ensures that the original owner reaps full benefits from his/her ideas, features, products and creations.