...Article Review-E-Business and Intellectual Property LaTanga Washington Law/421 January 21, 2013 Dr. Thomas Wilson Abstract There are two important resources for small-business owners and they are time and money. When the subject of intellectual property comes up, most business owner’s run the other way. Business owner’s see pictures of lawyers and they use that as an excuse to not to talk about the topic, for reasoning that that is a problem for big companies to worry about. There is one problem, the rise of competition through the internet and global market, knowing the meaning and understanding intellectual property it’s more critical than ever for small-business. ( Dahl, 2009 ). The primary legal mechanisms for protecting intellectual property are patents, copyright, trademark, know-how, trade secret, and mask works. There are other forms of intellectual property such as know-how may have considerable commercial value but they do not have any particular protection under the law, except in the case of contracts between parties that specifically refer to such intellectual property. The Internet has completely reshaped customer relationships. The transformation began with the dot-com boom, which spawned a new type of company whose entire business model was predicated on Web acceptance and usage. These companies -- Yahoo, Amazon, eBay and Google -- took advantage of the Web in all aspects of their business. Soon, traditional "brick-and-mortar" enterprises realized that...
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...Quantitative Vs. Qualitative Research Name University Affiliation Course Tutor Date Quantitative research is a logically observed examination of observable phenomena through the mathematical and statistical approach. The quantitative research goal is to formulate and employ mathematical theories, hypotheses and mathematical models relating to the phenomena. Quantitative research central process is measurement as it offers the essential linkage involving relationships. The research has data that is in numerical terms like percentages and statistics. The researcher evaluates the data with the aid of statistics hoping the number will yield an impartial outcome that can be used in generalizing a huge population (Patten, 2009). Quantitative research is applicable in the studies interested in establishing the impact of a hand-washing curriculum on grade school children. It applies to such example because quantitative research tests theory, its cause and the effect of the theory correlation. Quantitative research is an outstanding approach to finalizing outcomes and attesting an assumption. The method is standard across numerous scientific field and discipline because its structure has not changed. The approach leads to a comprehensive solution that can be discussed and published subsequent to a statistical examination of results. The design experiments filter out exterior factors when appropriately structured leading to acquiring...
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...review about an article. Also it will assess the different types of legal protections for intellectual property. It will analyze the legal issues of e-business. That will include intellectual property, privacy. Ethics, and security. Article Review This paper will be a review about an article. It will assess the different types of legal protections for intellectual property. It will analyze the legal issues of e-business. With that it will also include intellectual property, privacy. Ethics, and security. This article is about Apple and their history of legal disputes between Apple, the computer company, and Apple, the Beatles’ record company. The disputes were about the same thing every time and that was their similar logos. The two companies have gone to court twice for this before. They went to court in 1981 and in 1991. They are now going back to court saying that the computer company is over stepping its bounds of the agreement that has been made. There are four types of intellectual properties. The types are copyrights, patents, trademarks, and trade secrets. “A patent grants property rights on inventions, allowing the patent holder to exclude others from making, selling or using the invention. A trademark is a word, phrase, symbol, or design that distinguishes the source of the goods of one business from its competitors. A trade secret is a formula, process, device, or other business information that companies keep secret to give them an advantage over their competitors...
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... DATE: TO: FROM: RE: Why does e-business need IP? Frammer,Colletti, Leib, . (n.d.). Why does ebusiness need IP?. Retrieved from http://www.buildingipvalue.com/n_us/132_136.htm ARTICLE SYNOPSIS In recent years, advancements in technology have changed not only how business is conducted, but also how we communicate as a whole. This is most evident by the explosion of business transactions flowing through the Internet, changing both business and the method by which business communicate with their consumers. In response, the law is evolving to keep pace with the new avenues of communication, transferring information, and ultimately the new ways of doing business. Staying relevant in today’s every growing e-business environment, requires generating new technology faster to market then competitors who are taking advantage of the same technology. Protection of intellectual property is essential to effectively compete in almost every marketplace. The companies that protect their intellectual property have an edge on the competition. This article focuses on how patents and trademarks protect e-businesses from competition and provides recommendations for how to avoid violating the intellectual property of others. ISSUE Intellectual property is a collective term that embraces trademarks, trade names, domain names, copyrights and patents The laws that define and protect intellectual property span across three broad and distinctly different areas: patent...
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... In today’s business world, the use of technology has changed how transactions take place between consumers and businesses. The capability to do business on the Internet has opened the gates for companies to grow at faster rates by making products and services available to consumers on demand. Although the Internet has allowed quick expansion to many business sectors, the growth of such capabilities has also presented a different set of issues. Protecting intellectual property for these types of business transactions has proven to be challenging. Common types of intellectual property protection include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. Legislatures have educated themselves with priority, on the differences in commerce and e-commerce. The following article review will reveal what is becoming more apparent as consumers persistently demand instaneous e-commerce products and services. Intellectual-property Protection Opens Path for E-commerce One of the fastest growing e-commerce businesses today is the sale of music, documents, software,and other forms of intellectual property. Vendors of such products are faced with how to protect this intellectual property that they are selling over the internet from people who copy, forward, or resell without authorization. This is an issue because digital...
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...In anticipation of our meeting next week to go over the launch of my e-commerce business, I would like to discuss the issues outlined in this document. It is my understanding that the laws that apply to traditional businesses also apply to e-business. My concern is the company will have greater legal exposure because of the ability of consumer access worldwide and twenty-four hours a day. Any controls that could be implemented prior to the launch would be ideal. My goal is to avoid future e-commerce legal problems by planning a legal risk management strategy and implementing industry best practices. My understandings of the issues are documented below. Please be prepared to clarify any misunderstandings I may have during our meeting next week. Issue 1. Types of intellectual property applicable to e-business Wikipedia (2006) describes intellectual property as ¡§a legal entitlement, which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the intellectual property. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property.¡¨ The main types of intellectual property are trademarks, patents and copyrights. Trademarks will protect our company...
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...A contract dispute between two businesses is very common. Litigations are handled in state courts or federal courts and during the arbitration. The disputes commonly involve intellectual property, privacy, ethics, and security. Many business to business contract disputes will include construction companies, real estate, Insurance claims, and in some cases they will include television stations. Upon reading an article with the famous TV show the Simpsons and the contract dispute with CBS, the show was almost canceled due to a contract dispute. The dispute between CBS and the TV show the Simpsons was over the salaries of the cast members. This would not be classified as an intellectual property legal issue. Intellectual property (IP) typically involves patents, trademarks, industrial design, copyrights and artistic work. Since it is much easier to prove that you own a physical object than it is to prove that you own an invention. In the contract dispute between CBS and the Simpsons it was more of an ethical issue that took place (CBS News, 2011). Disputes such as the dispute between CBS and the cast of the Simpsons still would not fall under patents, copyrights or trademarks. Patents are for an invention to grant property rights to the inventor. A patent is valid for 20 years from the date on the application. A copyright is a protection for the authors of original work. If the dispute had been over the Simpsons and another’s use of the catchy quote “d’oh” it would have fallen...
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...Article Review: Intellectual Property Oscar Thompson LAW/421 December 12, 2015 Barry Preston Article Review: Intellectual Property In this article it clearly speaks about infringement on the part of Google, Inc. Google being a fortune 500 company and having their hand in all different aspects the company tends to get sued quite a bit. The article speaks on how there has been multiple counts of trademark violations in keywords, created ideals, and sponsor links. The article goes into more detail about a specific case that took place in a United States Court of Appeals, where the plaintiff, “Hyperphrase held two business patents related to some systems and methods that linked online records. The technical process used by these systems and methods is similar to the one used by Google through its "AdSense" and "AutoLink" methods.” (Google v. Hyperphrase, 2007) The Issue The legal business issue raised in the article is that of trademark infringement that would also be considered a theft of intellectual property. Being that Hyperphrase feels that Google has demonstrated deceptive business practice they feel resolving the matter in a court of law is the only to prevent further damages. “This intriguing case so far has two significant juridical teachings. First, we learned that business patents and its electronic use are slowly but steadily becoming the object of intellectual property litigation. For the time being, this litigation is centered...
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...Legal Issues of E-Business and Intellectual Property LAW/421 Intellectual property is the key factor in e-business, and without it e-business could not properly function. Intellectual property is an umbrella term that groups trade names, trademarks, domain names, patents and copyrights. Similar to traditional business, trade names and trademarks, used in the virtual world, is normally ruled by the same laws and standards. Although domain names’ function differently from trade names and trademarks, they are still subject to the same laws and guidelines as trade names and trademarks. The use of trade names, trademarks, and domain names in e-business is subject to the regulations of each country in which the e-business operates (Burke, 2002). Although e-business has the ability to offer secure purchasing transactions combined with immediate verification and confirmation of credit card transactions, there are still some risks that are involved regarding ethical and legal issues. In e-business there are many ethical and global issues relating to Information Technology. E-businesses use log files which extracts information on how visitors use a site. This process is known as web tracking. Companies use cookie analysis and tracking software to track an individual’s movement (Burke, 2002). Each tracking record is stored on the individuals PC’s hardware, and whenever the individual revisits the website, the system becomes aware of it. Many...
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...Article Review Warren Combs LAW/421 April 15, 2013 Article Review In today’s business world, the use of technology has changed how transactions take place between consumers and businesses. The capability to do business on the Internet has opened the gates for companies to grow at faster rates by making available to consumers, products, and services on demand. Although the Internet has allowed quick expansion too many business sectors, the growth of such capabilities has also presented a different set of issues. Protecting intellectual property for these types of business transactions has proven to be more challenging than the startup of e-commerce trade. Legislatures have begun to educate themselves with priority, on the differences in commerce and e-commerce; but the effects from lack of proper ethics and security has caused many lawmakers to scramble for answers. The following article review will reveal what is becoming more apparent as consumers persistently demand e-commerce products and services. Video Streams into the Mainstream The widespread adoption of streaming video on the Internet has become the major frontier for online multimedia. Graphics, animation, and audio technologies have proliferated on the Internet for years. Streaming video—in which viewers can begin watching content almost as soon as it starts downloading—is developed as a mainstream technology (Lawton, 2013). The portion of US companies using streaming media has doubled, from...
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...Intellectual Property and Copyright Infringement Laws Kaplan University November 7, 2014 Numerous organizations utilize cost management (CM) strategies in various ways. For instance, CM strategies are utilized when planning to implement new tasks, as a business model and to perform daily business transactions. During the planning stage, the costs are applied to the task and management must approve the costs before completing the tasks. Once all the costs are calculated, recorded and management approves the process; they continuously observe the project and the cost to ensure the strategy is in accordance with the CM strategy. On the other hand, once the task is completed to fulfill the business goals, the cost that were predicted are evaluated against the actual costs. The CM strategies will help keep the company’s budget under control to increase profitability at the same time. It is also imperative that organizations use a cost management strategy that will fit with the business requirements and processes before deciding to implement new projects. Organizations implement cost management strategies by creatively thinking of methods that will help the company maintain a competitive advantage and to meet consumer demand. Unfortunately, some cost management strategies may cause implications to arise when an organization increase production investments or violate several ethical laws. Some implications that may arise involve an increase in supply costs, the organization...
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...Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference in an international business dispute or an agreement cannot be reached, the next step is litigation. True False | 13. | Arbitration requires the sole clause of agreement to abide by the awards resulting from the arbitration. True False | 14. | One of the deterrents to litigation with respect to disputes in the international business arena is the fear of creating a poor...
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...E-business and Intellectual property LAW/421 February 11, 2015 E-business and Intellectual Property There are two resources many small businesses consider important, and they are time and money. When using the word Intellectual Property many business owners turn and run the opposite way(Michelle Burke, 2011). These owners see visions of lawyers and civil suits and they prefer to not deal with these scenarios. Business owners realize in these modern times that it is critical to understand intellectual property protection under the law. These owners have the realistic viewpoint for business and make it a priority to learn about the protection laws. Intellectual properties are such things as patents, trademarks, trade secret(s) and mask works (semiconductor chips). Protection consists of registering trademarks or copyrights through federal registration and protecting a web-site domain. A company records the name through various entities such as internally in a business to ensure that a business' domain name is renewed before the time of expiration. Hiring a Domain Registrant Service (DRS) outside of the company specifically for domain name retention are utilized in businesses. Ethics involved in Information and Communication Technologies (ICT) depend upon agents for the enterprise to make sure information is protected. Costs or duties must happen in an ethical manner, and internal information continuously protected. There are accountability issues ethically...
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...Intellectual Property -Music and Art and Fair Use BUS311: Business Law I (BAI1414A) 4/20/2014 Philosophers have barely taken an interest in the ethics dealing with intellectual property, this despite societies continued debate over “fair use” of copyrighted materials. We justify copy and paste forgoing old set standards of how we give credit for intellectual achievement in lieu of convenience. One has to wonder as technology continues to advance and copyrighting laws become diluted that music and art available via the internet will be of any commercial value. Intellectual Property-Music and Art and Fair Use I. Intellectual Property a. What is IP? b. How has technology affected IP? c. What laws protect IP? II. Music & Art work a. How has broadband changed the music industry? b. How is it so easy to copy and paste someone else’s work? 1. Does citing a source give one the permission to use? 2. What laws govern copyright? III. Fair Use a. What is fair use? b. How does fair use fit with copyright law? c. How does the court know if a use is fair? . IV. Moving forward a. Advancing Technology vs. Copyright laws b. Artistry vs. Commercial reward What is Intellectual Property? Intellectual Property By definition intellectual property IP, is all products derived of human intellect that the law protects from unauthorized usage. Ownership creates a limited monopoly innately...
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...US companies using streaming media has doubled, from nine to 17%, since last year. According to IEE Computer Society, the factors that drove this trend was the increased adoption of broadband services that speed Internet access for users and the content providers simply able to speed the delivery process (pp. 12-17). The main three players are Apple’s QuickTime 4, Microsoft’s Windows Media 7, and RealNetworks’ RealVideo 8. Streaming video faces several key technical and business challenges. The key technical issues include Internet congestion, interoperability, and compression. Internet congestion slows the service for those with lower bandwidth connections. Interoperability becomes an issue because streaming-video technology has no standardization to become widespread for any user capability. Compression is an issue because data-compression algorithms are critical to providing quality video at lower transmission speeds (Lawton, 2013). The ramification from these issues starts with intellectual property, privacy, ethics, and security. Content providers will raise issue about privacy and distribution as stream-video company’s advance their technology and look to offer faster and higher quality content. Windows Media is able to escape issues with content providers because most Windows Media is integrated with Windows-based technology. Windows Media also has digital-rights management technology,...
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