Adverse Repercussions
We have identified numerous reasons and the importance for why firms should protect and capture value from their IPs. It is worthy to note, however, that there is a flip side that requires consideration. The section that follows will attempt to objectify the impacts of the activities that some firms engage in; they are (i) Abuse of IPR, (ii) Anticommons of IP,and, (iv) Ethical Grounds.
(i) Abuse of IP & IPR
The infringement of IP from consumers occur all the time. Perhaps the most prevalent example is the prevalence of internet privacy. With the advancement in technology, information can be accessed in new, liberat-ing ways. Articles and reports are no longer paper bound, media enter-tainment exists on the internet
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There may, however, be under-lying reasons for why this is so. The product or service in question may be “protected” from for certain consumers; this may be regional re-strictions to affordability. Apple Inc. revolutionised the music industry when they introduced the iTunes store, reaching out to a massive interna-tional audience with low-cost purchases.
Firms have been known to abuse their IPR. Patent Trolls, or Patent As-sertion Entities (PAEs), refer to the individuals or firms who are posses-sion of patents and seek monetary reimbursement by enforcing IPR against the alleged infringer. They are in the business of stockpiling pa-tents, and are often Non-Practicing Entities (NPE) with regards to the pa-tents they are in possession of. In 2011, more than half of patent cases have been attributed to patent troll-instigated litigation, and have cost US business an estimated US$29 billion (Bessen, 2012).
While PAEs have been known to go for the big players the industry, it is the small venture capital companies who suffer the full brunt of this bul-lying. Any litigation costs or development delay will have a significant
MBA625_FINAL PROJECT 1 November, 2015 Internal Analysis: Longhorn Industries, Inc. v. Widget Corporation Widget Corporation has recently received a summons for a suit brought by a customer in Texas. While seeking legal counsel, an internal analysis was conducted to better understand the potential legal issues with this case. This report provides that analysis, looking at the procedural and substantive aspects of this suit. Background Widget Corporation Located in California, Widget Corporation (“Widget”) is incorporated in Delaware, a state where more than half the Fortune 500 companies are incorporated. (Top 5 Reason to Incorporate in Delaware, 2007)
Amid the ever changing world we live in where the internet expands globally, the question arises how to regulate and prosecute wrongdoings. As technology advances daily, laws have to adapt quickly to ensure that the people are protected in the physical sense and in the virtual sense. For the most part the lack of physical presence is difficult to identify the
Copyright infringement case Name: Institution: Introduction Since time immemorial, there have been many copyright cases all over the world, with the likes of Millet versus Snowden case dominating the courts in the 1800s. Many describe it as a “global scourge”. Copyright cases have never been easy to handle, and they usually happen from time to time. As such, there has been a lot of wrangles over copyright between artists, of which most have ended up in court. According to Tehranian (2011), copyright infringement refers to the act of breaking some or all of a copyright creator’s select rights approved by the federal Copyright Act.
The mass incarceration of the mentally ill can be reduced by reverting to institutionalization Researchers and activists alike are concerned about the rate at which individuals with mental illness are incarcerated in the United States. Many consider that the increase in incarceration is a direct result of deinstitutionalization. In this essay, I will discuss how the solutions to the prevention of the incarceration of the mentally ill but ultimately lead to the common goal of improving the care of the mentally ill. This will be done by comparing and contrasting the key points of Knoll, Etter et al and Kincaid.
Substance Use, Incarceration and Race We need to have additional substance use treatment options instead of sending drug addicts straight to prison. Treatment costs tend to be far less than incarceration. There are higher rates of substance use within whites, but higher rates of African Americans being incarcerated for drugs. These factors have been proven to increase the rates of incarceration and substance use.
“Black Code: Surveillance, Privacy, and the Dark Side of the Internet,” written by Ronald J. Deibert, outlines different issues and benefits that have arised due to the growing use of the internet. Deibert begins his essay providing information about the internet such as the rapid growth of smartphones, how the internet has taken over most of societies lives, and key differences between previous technological innovations compared to the internet. He continues his essay by discussing the U.S.A. Patriot Act and how this law should be retracted based on the fact that various companies, like Google, can give the government our personal searches if they ask. Then, he talks about various types of cyber crimes and how we need stronger regulations to control the internet so these crimes would not be possible. Deibert concludes his essay explaining how the internet has provided many benefits in today’s nation, but the internet needs stricter regulations for our own protection.
In addition, he brings the purloining into present day with a discussion of Peer to Peer (P2P) downloading of content and the questionable legalities of it. In conclusion, Lessig suggests equity between guarding
Prohibition, Helpful or Destructive? Prohibition was started when the 18th amendment was passed in 1919. It prohibited the manufacturing, sale and transportation of alcohol. This amendment created three things, organized crime, less worker absenteeism which lead to less domestic violence which lead to less hospitalization from alcohol, and it created disrespect for the law.
However, in light of the wrongful harms that antitrust violations visit on consumers and other customers, the 125 years of federal antitrust legislation make clear that America will no longer permit businesses to be guided by pure self-interest. The antitrust laws are a narrowly focused way to deal with some of the challenges of the marketplace. They are far less intrusive than broad regulatory schemes or government appropriation of business. They recognize that businesses, their purchasers and consumers all have a place before the law. We should continue to embrace antitrust’s mission to make room at the table for
There must not be theft, plagiarism and abuse of others. This digital era breaches intellectual information laws such as, copyright infringement and trademark abuse. Digital citizens need report illegal behaviour. (Brownell, n.d.) 7. Digital rights and
Intellectual property is one of the most challenging and prolific subjects of all legal matter. In general, Intellectual property is made up of four separate fields of law: trademarks, copyrights, patents, and trade secrets. More specifically, the United States has a long history of dealing with issues of copyright laws. America has been deliberating on issues concerning copyright law since the birth of the constitution in 1787, when James Madison requested that a provision be added to the constitution that would provide protection to literary authors for a determined time. However, copyright laws are not just limited to the United States it applies to 168 nations.
Monetary and Societal Obstacles Societal simply comes from the word society and it means relating to society. Monetary refers to money. In our society monetary and societal obstacles can intertwine. These obstacles can even build on each other. Consequently, this can cause bigger problems if they are not handled correctly.
There is an ongoing debate over the use of internet censorship, an electronic barrier to control access, publication, and use of the internet. The internet is censored by one of 3 methods: by the internet service provider, the hosting company, or websites. When using censorship by the ISP, your service provider will use data surveillance and access blocking, but when censoring via the hosting company or websites, the content is removed or your service is denied. All of these sources are catalyzed by the government and its regulations.
The rapid proliferation of information technology has led to a significant rise in the number of people who use the internet in one way or another. With the growth in the number of persons who have an internet connection; certain individuals have begun to exploit this resource through the unethical practice of Identity theft. As more and more individuals are posting their personal information online, cybercriminals are stealing this information with the aim of assuming the victim's identity so as to either obtain financial advantage or benefits that are associated with the victim (Jewkes, 2013). The act of stealing other people's identity cannot be considered as ethical because it violates the victim's right to privacy.
So making a bad decision is never fun. I’d like to think that most of us prefer not to make them but can’t help to sometimes because we think a bad decision isn’t that bad. It might even be a good one in the right mind set. The point of this paper being to reflect on a pass choice looking at it with the elements of critical thinking. My bad decision is one I think most are guilty of, waiting until the last minute on something important.