...geographically diverse companies, it also enables parties with less than ethical purposes to carry activities detrimental to those businesses or even to individual from remote location. One of those activities is piracy, which has been a plague for most production organizations and individuals as it prevents them from reaping the full benefit of their work. For the giant corporations, the impact might be minimal but for small and medium businesses with less financial power, this could be quite detrimental as it can cut away a great portion of their expected income. In this paper, I will discuss how the global system can be an enabler for illegal activities whether it is cyber-terrorism or piracy of intellectual properties. The focus will be placed on piracy and how it can affects the small and medium enterprises and the legal measures that are being implemented on an international level as well as on the U.S national level to deter it. Works Cited: • Andrés, A. R., & Asongu, S. A. (2013). Fighting Software Piracy: Which GovernanceTools Matter in Africa?. Discusses how the role of government in reinforcing laws protecting intellectual property right and how a key factor such as corruption can affect the government attempts at controlling piracy especially in developing countries. • McManis, C. R. & Pelletier, J. S. (2012). Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting...
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...Intellectual Property Theft in the Automotive Industry Scope, Trends, and Mitigating Strategies Table of Contents Introduction………………………………………………………………………………..3 Scope of Intellectual Property Theft………………………………………………………3 Intellectual Property Theft and China……………………………………………………..4 Intellectual Property Theft in the Automotive Industry…………………………………...5 The Subtle Pick-Off……………………………………………………………….5 Piracy and China’s Global Emergence…………..………………………………………..6 Consequences of IP Theft…………………………………………………………………7 Mitigating Strategies………………………………………………………………………7 The Autoweb Intellectual Property Exchange…………………………………………….8 Fusion-DX………………………...………………………………………………9 GlobalSource………………………………………………………………….…..9 Data Integration Services……………………………………………………….…9 GlobalSource...………………………………………………………………….…9 Integrated Translations…………………………………………………………….9 Autoweb Company Overview……………………………………………………10 Bibliography………………………………………………………..……………………11 www.autoweb.net 2 Introduction I ntellectual Property protection in the manufactured goods sector is not a new idea. Laws prohibiting manufactured goods counterfeiting and piracy activities existed as far back as the Middle Ages when bakers, artisans, and craftsmen used distinctive marks to distinguish their products and work from would-be counterfeiters. The general problems associated with modern day counterfeiting and intellectual property piracy have long been recognized, yet today’s high-tech economy has magnified the problem of...
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...ONLINE PIRACY: JAYWALKING OR THEFT? Introduction Online piracy is one of the most difficult problems to solution. Online piracy is the illegal downloading or copying of materials or intellectual property that are copyrighted. Intellectual property is an expression or knowledge owned by another individual. There are several forms of piracy that invade the online world – music, movies, software, and videogames. The issues surrounding online piracy revolve on the difference between physical property and intellectual property. The videogame content is an intellectual property while the CD of the videogame is a physical property. Since piracy is a problem for most software companies and the entertainment industry, this has encompassed copyright violations. Copyright pertains to the legal right that serves as protection for works that have been created. A copyright provides the purchaser an exclusive right to produce copies of the intellectual property. The problem of online piracy gained attention during the period when Napster allowed internet users to exchange digital music files through the use of peer-to-peer technology. In 2000, Napster had over twenty million users. What made the site very controversial was the unlimited access that the users have to copyrighted music. The downloading of files was not realized as a means of practicing piracy. Stealing was never considered their ultimate purpose. Major issues Brian Lee ordered a videogame which apparently did...
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...Stop Online Piracy Act (SOPA) Name: Institution: Course: Tutor: Date: What is Stop Online Piracy Act? Stop Online Piracy Act is a United State bill that is aimed at increasing the ability of United State law to fight online trafficking of counterfeits goods and copyrighted property. Stop Online Privacy Act was introduced by Lamar smith who is a representative in the United States. Therefore, Stop Online Piracy Act targets pirate bay, which are mostly used by individuals for illegal downloads. These pirate bays are mostly the overseas sites such as torrent hub that are frequently accessed by most individuals. Stop Online Piracy Act has various provisions (Crothers, 2012). Firstly, SOPA requires the courts to put up requests that are aimed at ensuring that both the online payment facilities and advertising networks refrain from using the infringing websites to conduct their business activities. Secondly, Stop Online Piracy Act requires the courts to have orders that ensure that internet service providers do not have access to the infringing websites. The final provision of Stop Online Piracy Act states that all search engines such as Google should not link to the infringing websites. Therefore, SOPA provisions are aimed at including piracy of copyrighted content in the criminal laws that will attract a maximum of five years imprisonment. Stop Online Piracy Act has been opposed and embraced by the Americans. Those...
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...Introduction Piracy is a form of theft. Specifically, it refers to the unauthorized copying or use of intellectual property. Intellectual property is knowledge or expression that is owned by someone. There are three major types of intellectual property: 1) creative works, including music, written material, movies, and software, which are protected by copyright law; 2) inventions, which are protected by patent law; and 3) brand-name products, which are protected by trademarks. Many of the issues surrounding piracy have to do with the difference between intellectual property and physical property. A CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns—or more precisely, has the copyright to—the songs on the CD. Piracy is primarily a problem for the entertainment and software industries, and therefore piracy most often involves violations of copyright law. Copyright is a legal right that protects creative works from being reproduced, performed, or disseminated without permission of the copyright owner. Essentially, a copyright gives its owner the exclusive right to make copies of the material in question. The American Heritage Dictionary defines piracy as "the unauthorized duplication of copyrighted or patented material." It is a problem that affects companies all over the world. Piracy of software, movies, and music is commonplace in China. China...
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...Lebanese International University Project Sadek Chahine 10830132 Masoud Al-Shaar 10731860 Ihab Sharaf Aldeen 10530251 Bassam Jaafar 10731383 Business Ethics Beirut Campus Dr Malek Nayfeh 2009 – 2010 Intellectual Property I. Description 1. Patents 2. Copyrights II. Identify Ethical issues involved 1. Global social justice 2. Utilitarian point of view 3. Materialization of intangibles III. Points of view 1. Public 2. Owners of rights 3. Government IV. Considering available alternatives 1. Tightening intellectual property 2. Letting loose intellectual property V. Consequences of the application of protection 1. Extensive protection consequences 2. Less protection consequences VI. Examples 1. World 2. Lebanon VII. Conclusion 1. Determining the facts Most discussions about intellectual property rights are focused on patents and copyright because, as long as they are rationalized, trademark rights are simple rights of identification that only benefit owners or copiers but not affect progress and are not regarded heavily as a beneficial creation for the community. Arguments for intellectual property protection include increased creation due to financial incentives which leads to economic growth, and possibly a wider and more efficient distribution. Arguments against it include criticism of its range and length, its infringement of freedom, restraining...
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...1. The United States Constitution granted intellectual property rights to encourage entrepreneurs to drive the economy forward. If their intellectual rights were not protected, individuals would not have the drive to innovate, as it would not be in their rational self-interest. The founding fathers insinuated that unless a barrier was created that entitled innovators to a reward for their efforts, the economy would not thrive, thus limiting taxable revenue for the government. In addition, limiting the length of intellectual property protection guaranteed there would be competition that aided in driving the economy forward and creating even more taxable revenue. Ultimately, the founding fathers incorporated intellectual property rights to encourage others to create firms and positively influence the economy. 2. The U.S. music industry is vastly affected by piracy. According to a research conducted by Nova Southeastern University, the U.S. music industry losses an average of $2.7 billion annually due to piracy . In addition, the U.S. lost about 71,060 jobs....
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...Intellectual Property Protection is a very important because it protects innovation. Without the protection of ideas, people and business would not enjoy the full benefits of their creations. Intellectually property piracy is threat to all businesses, not just the ones located in the United States. Institutions like the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) advocate for better protection of intellectual property. These organizations help companies’ combat intellectual piracy. The main vehicle is intellectual property rights (IPR). Basically it gives registered owners of inventions, literary works, artistic works, symbols, names, designs and images, the right to say how their property is used. IPR’s are limited because not every company accepts the various agreements that protect IPR’s. Besides working with the WTO and WIPO companies should proactively work toward countering violations of their intellectual property. If it is cost effective, acquiring legal counsel that specializes in Intellectual Property Law should be considered. With or without legal counsel, the following are some of the courses of action that businesses and managers can take to help protect their intellectual property. Register - Companies and individuals should register their Intellectual Property (IP) with the United States government and the governments abroad that the company or individual wishes to do business. In addition, countries should register...
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...developing legal codes to combat software piracy? Technically, the standards of software piracy are unequivocal. Thus, parties have been hopeful that collective political arrangements and legal actions by companies, associations, governments, and institutions would lead to a decline in global software piracy. However, coordinated anti-piracy initiatives such as high-profile legal proceedings against companies using illegal software, increased government cooperation in providing legal protection for intellectual property, and the criminalization of software piracy have proven to be largely ineffective. Even efforts at the transnational level to get nations to sign treaties and to require them to protect and enforce intellectual property rights according to global, not local, standards have not yielded the desired results. Unfortunately, the ease with which software can be duplicated, sold, and distributed continues to baffle the industry. 2. In your opinion, should software companies, industry associations, home governments, or transnational institutions take the lead in aggressively negotiating with the governments of countries with high piracy rates? Why? Because of the enormous economic, technological, and political implications of the problem, software companies, industry associations, home governments, and transnational institutions should all take lead roles in negotiating with the governments of countries with high piracy rates. Each of those parties has related...
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...inventions and even innovations or improvement on their current properties. Some companies devise their formulas that have economic value as much as they would come up with new methods and processes. These inventions must not be used by any one wilily-nilly; this calls for laws to protect such innovations and intellectual properties. This has led to copyright laws and property or intellectual rights. A copyright law is a set of rules and regulations that protects a person or organization’s unique creation of invention or innovation against copying and abuse or other forms of illegal usage. The issue is that if a person has used his resources and expertise and knowledge to create a new item, no one must benefit from that item without the authorization of the inventor. In order to avoid illegal usage of another person’s property there is need for legislation to enforce compliance. The use of the property must be done with the authorization of the inventor or the creator. Some people want to be paid for the effort they would have put and the resources they would have used to come up with such an asset. Copyright laws are important because they regularize the usage of a person’s intellectual property. This is essential in business today. In the same category as the copyright laws is the intellectual property right. If there has not been property right and copyright organizations and people would use other people’s property without paying for it. That may also lead to tarnishing of other...
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...EXECUTIVE SUMMARY China's government has pledged to crack down copyright piracy by implementation of anti-piracy and anti-counterfeiting laws and regulations; it faces increasing pressure to show progress. The periodic crackdowns against counterfeiting have been launched but they often seem motivated more by politically appeasing the United States and other countries than a sincere effort to combat the problem. The United States and other countries want China to impose harsher penalties on crimes linked with counterfeit goods. Chinese law protects trademarks and prohibits companies from copying the “look and feel” of other companies' stores. The Chinese government enforced laws against copyrights piracy in 2006; there were criminal penalties on producing or selling counterfeit goods if the total value of the confiscated products was less than a certain amount. The penalty for importing pirated discs is up to four years in prison and a fine of $1,290 for each imported disc. The Chinese government warns violators in large markets in Shanghai and Beijing of these penalties. However, some doubt that much will change until China graduates from manufacturing goods to designing them. New opinions on handling criminal copyright infringement cases contain helpful provisions which could foster an effective criminal remedy against online piracy activities. The International Intellectual Property Alliance (IIPA) commends the efforts of the U.S. Government to secure these important...
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...Software piracy, define as the unauthorized use, distribution, duplication or sale of commercially available software, has become a global issue. In fact, almost one-third of all installed software is pirated (Jansma, 2004). Software pirates are responsible for over $10 billion in lost revenue (Hess, 2003). Each industry must protect its own intellectual property. The three most important aspects in helping to resolve piracy is knowing the processes and techniques in capturing piracy, identifying the motivating factors, and prevention. How do organizations capture pirates? There are three processes that can help software companies catch violators: monitoring, preserving evidence, and taking action. The first step is for companies to determine the extent of its piracy problem and monitor the online channels (Hess, 2003, p.4). Once the extent of the problem is identified, online monitoring should be implemented to discover the details. The two types of monitoring are in-house and outsourcing. The advantage of using the in-house monitoring program is that it saves money and the staff gains firsthand knowledge of the strategies that are used. Outsourcing the monitoring can be expensive, but the main advantage is that the service is extensive and uses systematic monitoring (Hess, 2003, p.5). Most pirated software is sold on auction websites, such as eBay, Yahoo! Auctions, and Amazon.com Auctions (Hess, 2003, p.5). Approximately, 60-90% of the software products offered in online auctions...
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...Case Study: Crime That Pays (and Pretty Well, Too) I stride toward ground zero of counterfeiting-the notorious Silk Market of Beijing. As do more than 10 million people a year, I enter a 35,000 square-meter, seven-level piracy temple, packed with nearly 2,000 small stalls, staffed by thousands of hard-charging, take no prisoner vendors, offering cheap knockoffs of the leading branded products in the world. Navigating a surreal bazaar gone wild, I stroll by stalls boldly displaying bogus Prada purses, Hugo Boss shirts, ad Hermes scarves; depending on how well you negotiate, each can be had for an absurd fraction of the price of the genuine version. Moving on, stall after stall offers infamous “copywatches,” Nike gear, Sony Jump Drives, Wii Remotes, Gillette razors, Oakley sunglasses, Zeiss binoculars, Nikon lenses, North Face jackets – one after another, in a seemingly endless procession of premier brand names. Despite spot-on comestic resemblance, virtually all is counterfeit. Moving around, one comes to digital zones, finding copies of software, music, games, and movies. Rack upon rack displays products from some of the best and the brightest minds of the world, now selling for ludicrously low prices-Microsoft Windows 7 for about a buck, Microsoft Office for $0.75, Wii Guitar Hero for a buck, Photoshop for two bucks, AutoCad for five dollars. Each stall is packed with an ever-changing collage of customers-Germans, Indians, Canadians, Brazilians, British, and Americans, and so...
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...Journal of Intellectual Property Rights Vol 18, September 2013, pp 457-464 Piracy in the Internet Age Nikita Hemmige† ILS Law College, Law College Rd, Pune 411 004, India Received 17 December 2012, revised 12 August 2013 The Internet has created boundary-less territories and has helped in evolving a unique method to share and transfer information, growth of e-commerce and in creating a global platform for all nations and its citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage. Keywords: Online piracy, copyright infringement, jurisdictional barriers, Internet laws, intellectual property The Internet has become the first port of call for anyone in search...
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...of the net traffic in the year 2012. Peer-to-peer sharing and piracy websites allow internet users to download music, videos and programs without having to pay for them. Technically, this is described by the law as stealing which makes peer-to-peer sharing and piracy websites illegal. Moreover, the government, through the enforcement of certain laws, imposes discipline to its citizens with regard to downloading and sharing music over the internet. Copyright Infringement The Department of Justice of the U.S. government presented a report Task Force on Intellectual Property which clearly imparts the laws protecting intellectual properties of individuals. As stated in the report, an intellectual property is an intangible property which is expressed through ideas and inventions. Copyright is intended to protect these intellectual properties including music—its lyrics and composition. Through the Copyright Act, the creator is given exclusive rights which encompass credit until after 70 years from death and the option of distribution. In peer-to-peer sharing and free downloads where music is used commercially in the internet, copyright is violated. In fact, as the shown in the statistics above, copyright infringement is practiced by millions in just one day. Probably, these people do not know and fully understand the laws and the penalties such as fines and imprisonment if they commit copyright infringement. Piracy The music industry, as represented by the Recording Industry...
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