Hackers and the Evolution of Intellectual Property Rights
Introduction
According to Webster's Revised Unabridged Dictionary, theft is, "The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same" (Webster's 2). Before the advent of moveable type, no one had cause to apply this concept to information rather than physical property. If one were to steal a book, the act was easily recognized as of the same moral color as stealing a horse, a nugget of gold, or any other physical object. The thief?s possession of the stolen item constituted the rightful owner?s lack of it, a loss both real and measurable. Today, theft seems a hazier concept,
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property, who are guilty of printing, publishing, importing, or vending with? license, ?copies of [a] book?? (Fisher 2).
The final years of the nineteenth century saw a move from this formulation of copyright to a broader one. The later definition of copyright included not only the protected work in its published form, but also in its substance, therefore magnifying the control afforded to the copyright holder. Copyright laws were extended to include photographs in 1884, and musical recordings in 1971 (Fisher 2). Since their American inception, copyrights have grown too with regards to the window of protection afforded the author. Instead of the original fourteen years, copyrights today now endure longer than the author of the works they protect. A copyright issued now lasts for the life of the author, and then another fifty years (Fisher 2).
Patents, like copyrights, were first codified by the United States federal government in 1790 (Dobyns 21). James Madison advocated their implementation on the grounds that they would promote, ?the advancement of useful knowledge and discoveries? (Dobyns 18). Patent protection was later extended to many previously unrecognized classes of invention, including industrial designs (1842), plants (1930, 1970), surgical procedures (1950s), and computer software (1981) (Fisher 3). One notable eighteenth century abstainer from patent privileges was Benjamin Franklin. His inventions included bifocals, the Franklin
Between 1790 and 1860, the Patent and Trademark Office of the federal government issued just 36,000 patents- licenses that give an inventor the exclusive rights to make, use or sell an invention for a set period of time
Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies
The duration of copyright determines the length of protection. Limitations on this length exist to ensure works enter the public domain. Therefore, the length of protection is one of the most relevant and debated issues regarding copyright law. The proponents and opponents of copyright term extension make compelling arguments, but both sides agree that copyright law should encourage creativity and innovation. If Disney is successful in once again lobbying for an extension of duration, a substantial number of works will fail to enter the public domain in a timely manner. This will, consequently, lead to a stifling of creativity and a suppression of innovation that could be detrimental to progress in the realms of science and the useful arts.
In the year 1790, the United States had begun to make a name for itself. The United States was ending its own revolution and the world was evolving around it. The country’s new found freedom created a need for self-reliance. The United States was out to prove its worth, that its institutions, democracy, and military were worth the efforts of so many. During this time the number of inventions created throughout the world was astonishing. Inventions like: the cotton gin, batteries, cupcakes, crackers, gas turbine, and bicycles are just a few inventions that were created during this time period. Donalad W. Banner, U.S. Commissioner of Patents and Trademarks, wrote The Book of Knowledge where he explained that before the patent was created
One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.
Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s).
An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39
The creators of works protected by copyright, and their successors (generally referred to as “right holders”), have certain basic rights under copyright law. They hold the exclusive right to use or authorize others to use the work on agreed terms. The right holder of a work can authorize or prohibit: its reproduction in all forms, including print form and sound recording, its public performance and communication to the public, its broadcasting, its translation into other languages, and its adaptation, such as from a novel to a screenplay for a film. Similar rights that the right holders may hold are: fixation (recording) and reproduction are granted under related rights. Many types of works protected under the laws of copyright and related rights require mass distribution, communication and financial investment for their successful disseminations (for example, publications, sound recordings and films). Hence, creators often transfer these rights to companies better able to develop and market the works, in return for compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work). The economic rights relating to copyrights are of limited duration as provided for in the relevant World Intellectual Property Organization (WIPO) treaties beginning with the creation and fixation of the work, and lasting for at least 50 years after the creator’s death. National laws may establish longer terms
Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.
2:Copyrights do not last forever, but they do last a pretty long time. Under the current laws, copyright protection starts from the moment of creation of the work and continues until 70 years after the death of the author or artist.
Intellectual property is an asset to an individual or a business. Even though intellectual property is intangible, it is very important to protect it. Protection of intellectual property can be one of the most important business decisions one can make.
A copyright gives the originator of literary, artistic, or music works the right to perform, publish, record, or print them. This can include sound recordings, paintings, photographs, films, melodies, television, radio broadcasts, cable programs, performances, and even codes to computer programs (Legal Information Institute). Since copyrights cover several different types of materials, the duration varies depending on what work is being protected. According to the Copyright Act of 1976, musical, artistic, and literary works created after January 1, 1978 have copyrights that last 70 years after the author has passed away, 95 years after publication, or 120 years from creation, whichever expires first (United States Copyright Office, 2011). However, the published editions of these works have copyrights that last 25 years after being first published. Broadcast and cable programs, on the other hand, have a copyright duration of 50 years after being created
The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.
Hacking is the process of gaining unauthorized access to information through various means like systems or computers. In the context of computer security, a hacker is that person who looks for weakness in a system so that they can gain access to unauthorized information. They are motivated by various reasons like protest, profits or evaluating the entire system weaknesses.
Ages ago, people had minimal needs, food and a place to sleep. As generations passed on, humans became intelligent and smart. Consequently gave a way to inventions, bringing happiness along with comfort in our day to day activities. However, along with the inventions, came along, those individuals who want to plagiarize, steal or imitate one’s work. Piracy and counterfeiting terms refer to the goods that come into the market with no permission from the owner. Therefore, to protect the individual comes in “intellectual property which refers to the creations of the mind: inventions, literary and artistic works; and symbols, name and images used in commerce”. ("World Intellectual Property Organization." What Is Intellectual Property?N.p., n.d. Web. 25 July 2016). Piracy is when the fake copies of software, movies or any electronic versions of the original are produced to be sold at lower prices. Goods which are manufactured as a replica of the original product are counterfeited goods and are sold in the market for knock - off prices. Tobacco, alcohol, food products, designer clothes, watches , accessories, medicines, chemicals, pesticides, perfume , cosmetics, body care products, software, games, CDs, DVDs, vehicle spare parts and household appliances are the most mentioned pirated and counterfeited goods. Let us look into the Fashion and Luxury goods which constitute a larger part in our counterfeited goods. I do support that the piracy and counterfeit have to come to an