...usually try to protect their property, but how can they achieve that? Claim that it's your property? So what? If you create something, it automatically becomes your intellectual property, but it is not illegal for others to use your invention. In order to make that illegal you must obtain patent, copyright or trademark, these are three tools for inventors to protect their Intellectual property. As you may guessed by now, in this case-study we will try to answer the question: How individuals or organization can protect their intellectual property? And is the system of intellectual property's well-designed or there is some flaws, which can be used as it should? As we already said everyone knows what intellectual property means in general, but to give more particular answer: Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Patents, Copyrights and trademarks are tools, which protects IP by law and enable people to earn recognition or financial benefit from what they invent or create. A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to...
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...Disadvantages of software Patents 1. Furthering Monopoly Software patents let companies such as Oracle buy up patents on technology created by others and then launch lawsuit after lawsuit as a way to generate revenue. This is what it means to be a "patent troll," and it's of course motivated by the huge sums that have been awarded by the courts in the past. It also puts the advantage squarely in the hands of the industry's monoliths, which are the ones with deep enough pockets to acquire and assert all that intellectual property. 2. Hindering Innovation By their very definition, patents reduce the sharing of new ideas. In the software industry--which relies on just that kind of diffusion to spur further innovation--that's particularly destructive. Software patents frequently have very broad or vague boundaries, making it highly unclear where the patented piece of a program begins and ends. Frequently, software patents cover what can be considered the equivalent of a sequence of notes in a piece of music; imagine if that were to happen in the music world! It has also been historically very difficult for patent offices to judge patent quality, or to realize when a patent application is too broad or covers something trivial. 3. Cost and Time Patents are extremely expensive, and the examination process takes a very long time. Not only are the costs extremely high to determine if a particular piece of software infringes any issued patents--thereby reducing the funds companies...
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...Patent Warfare Per your request I reviewed the lawsuit notice and believe our company can handle the matter without litigation saving us time and money. Our first course of action should be to propose collaboration with the accuser in order to continue innovation. If the accuser turns out to be a patent troll or in other terms in the business of strictly making money on infringement cases we will have the case arbitrated by a subject matter expert. I recommend we offer the accuser a chance to collaborate with a business which recently launched a great new product supported by Apple iOS and Google Android platforms. Instead of being a killer of creativity the accuser might be a legitimate technology developer such as our company. The accuser may be more interested in developing newer and better versions of its product instead of getting a onetime payout. Collaboration will save both parties time and money by avoiding a long and expensive court case. It will also benefit both parties to share research and new ideas (Laudon, 2012). Nokia and HTC are a recent example of collaborations as they entered “into a collaboration agreement to provide access to each other’s patented technology to explore future projects” (Shankar, 2014). Working together will provide our business with new innovations making us more competitive. New innovations will develop an opportunity for new registered patents to our company, providing a defense system for possible future law suits. Licensing...
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...Open Business Models HOW TO THRIVE IN THE NEW INNOVATION LANDSCAPE Henry Chesbrough 1 Why Business Models Need to Open Up ormer baseball catcher Yogi Berra lik.ed to observe that "the fu ture isn't what it used to be." This same general pessimism has been voiced about innovation in the United States and Eu rope, even as the innovation opportunities globally in places such as China and India have greatly expanded. l And it is not hard to see why. The great research and development laboratories of the twentieth century have been downsized, broken up, or redirected to new purposes in the West, while new labs are springing up overseas in large countries such as India and China, as well as small countries such as Finland and Israel. Companies are shortening their time horizons for research and development ex and are shifting money from "R" to "D." Many great universi ties are putting up patent fences around new research discoveries that are funded by taxpayer dollars. Start-up companies once were the great hope that would fill the void in corporate innovation, but the bust in the Internet sector and the venture capital market has dampened these expectations. Fears of outsourcing high-wage jobs . . to low-cost centers around the world dominate many discussions of economic and trade policy. In many varied parts of the western inno vation system, the future of innovation has clearly changed. F 2 OPEN BUSINESS MODELS Even the rapid...
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...found to my surprise that I'd been granted four patents. This was all the more surprising because I'd only applied for three. The patents aren't mine, of course. They were assigned to Viaweb, and became Yahoo's when they bought us. But the news set me thinking about the question of software patents generally. Patents are a hard problem. I've had to advise most of the startups we've funded about them, and despite years of experience I'm still not always sure I'm giving the right advice. One thing I do feel pretty certain of is that if you're against software patents, you're against patents in general. Gradually our machines consist more and more of software. Things that used to be done with levers and cams and gears are now done with loops and trees and closures. There's nothing special about physical embodiments of control systems that should make them patentable, and the software equivalent not. Unfortunately, patent law is inconsistent on this point. Patent law in most countries says that algorithms aren't patentable. This rule is left over from a time when "algorithm" meant something like the Sieve of Eratosthenes. In 1800, people could not see as readily as we can that a great many patents on mechanical objects were really patents on the algorithms they embodied. Patent lawyers still have to pretend that's what they're doing when they patent algorithms. You must not use the word "algorithm" in the title of a patent application, just as you must not use the word...
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...PDA’s and Cell Phones and the Fact Wireless carriers are trying to implement and carry more innovations upon their networks to Increase subscriber base. The fact consumer product cycles are quite short lived and ever more powerful combination cell phone and PDA email etc. devices are constantly improving and leap-frogging ahead in terms of power performance and falling price due to economies of scale and the fact superior electronics technologies become cheaper to produce as time passes. As well as they being one of the now top tier companies, a lot of other companies, have cause RIM a lot of grief with law suits , and rivalries , the fact that RIM has out classed many of its competitors, have likewise tried to find patentable issues , to sue them over , since RIM has a lot of the US Gov’t Sector , an Enviable market due to the fact blackberry can fill that need rather well, has made them an enviable target. Due to RIM’s security concerns of corporate espionage , by patent trolls , and others they are forced to take very aggressive means of protecting their IP , and Licensing agreements with their parties. As well as to mitigate the claims that their trade secrets are to alike with their competitors patents. The fact more and more intergraded services are being offered by cellular providers as well , as other firms leaping innovations like the iPhone by apple which offer a very flexible applications platform which directly competes with RIM’s devices , and likewise...
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...1.Strategy for innovation Innovation: applications of new ideas to the products and processes that increase commercial values. Five techniques for innovating by using existing resources (inside the box): Subtraction: generating a new innovation by removing the existing components. Division: separate an object or service to multiple parts and rearrange the parts into something new. Multiplication: duplicate a current components and innovation by removing the existing components. Task unification: unifying unrelated functions or tasks. Attribute dependency: make previously independent attributes dependent on one another. Generating new ideas is easy, but making them into innovation is hardneed innovation strategy. Innovation strategy: long-term plan that improves firm’s innovation success rate. A good innovation strategy invests in innovation projects that align with company’s resources and capabilities and satisfy customers’ needs. Why important? It enables firm to introduce innovations to marketplace and thus remain competitive. It helps enhance the existing products and services so that improve customers’ utility. It improves the efficiency and output of the process of innovation. It helps to understand and manage the risk associated with innovation. 2.Inspiring innovation Internal sources of innovation * R&D: investment in basic researches (researches that advance knowledge) Investment in applied researches (researches for specific problem or...
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...Legal Aspects of Management Project Report on Case of NTP vs RIM PATENT INFRIGMENT CASE Submitted to:- Submitted by:- Mr. Maneesh Yadav Dheeraj SurI JL12PGDM060 ------------------------------------------------- Company Background RIM Mike Lazaridis founded the wireless device company Research in Motion (RIM) in 1984 which has its headquarters in Waterloo, Ontario. Their best known product is the Blackberry handheld communication device. RIM not only produces the BlackBerry, but also develops its own software for its devices as well as developing and selling embedded wireless data components ("Research In Motion"). In 1999 the first BlackBerry was released. It used the same hardware as the Inter@ctive pager 950 - a pager RIM worked on with RAM Mobile Data and Ericsson. The first BlackBerry also ran on the Mobitex network which was developed by...
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...Software Patents Controversy over software patents has been around since the inception of commercial software. The main issue lies in the fact that some software producers want legislation that allows them to be granted exclusive rights to algorithms, data structures or other snippets of code implemented in their commercial productions, while other people argue that software patents stint software production and have many other negative effects. Due to the increasing size of the software industry, and in turn the rising number of software patents being applied for and granted, the number of problems arising from this issue is only getting worse; clearly our patent system is broken. Both advocates and opponents of software patents make convincing arguments, but because of my own personal experiences and opinions, as well as the opinions of other patent objectors, I believe patents like Amazon's US5960411 online ordering system patent should not be granted. People that oppose software patents are at an advantage in that there are many examples that make a compelling argument for them. It is no subtle fact that claims are made that software patents impede research and development of software. These claims can be quantified in studies like those in Adam Jaffe's Innovation and Its Discontents: How Our Broken Patent System Is Endangering Innovation and Progress. In these studies, Jaffe shows that many companies are stopped from working on projects because they find themselves...
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...I. Introduction During the early days of computer industry, the software came integrated with hardware. The issue of intellectual property remained confined to hardware only. All this changed during the sixties when software was unbundled from hardware. This gave rise to independent software vendors (ISVs) and the production of standard and custom operating systems, as well as independent applications software’s. Rapid diffusion of low-cost desktop or personnel computer (PC) in late seventies and eighties opened up huge opportunities for ISVs. The software industry gradually increased in terms of overall trade, production and consumption. In 1990s, the widespread diffusion of the Internet created new channels for low-cost distribution and marketing of packaged software, reducing the barriers to entry into the packaged software industry. It also expanded the possibilities for rapid penetration of markets by packaged software products. This rapid increase in consumption of software and easy penetration of market through Internet resulted in increased software piracy, creating a big market in pirated software. According to estimates the global rate of piracy was 59.9% in the year 2010 that means out of the total software sold worldwide 59.9% was fake. Piracy causes huge losses of revenues to software companies every year. This has made the issue of intellectual property protection for software all the more important. The software is a complex product, which has given rise to a...
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...Table of Contents General IP Policy/theory 1 Trademarks 2 Foreign Treaties 4 Types of Marks 4 Infringement (Polaroid Test) 9 Defenses 10 Internet/UDRP 12 Dilution 13 Remedies 14 Copyrights 16 Derivative Works 19 Moral Rights 21 Renewal/Termination 23 Infringement (tests) 24 Fair Use/Defenses 15 DMCA 27 Remedies 29 Publicity/Misappropriation 32 Patents 34 Patent Prosecution 36 Utlity/Novelty /Non-Obvious 38 Priority 39 Statutory Bars 40 Infringement 41 Defenses 43 Remedies 44 Trade Secrets 46 IP In General I. Origins a. Patents began in Venice b. Copyright began in England - Publisher competition c. Trademarks - Guild System would mark the bottom of product so that people would know from whom they were purchasing II. Federal Authority a. Copyright/Patent Authority Article I Sec.1 cl. 8 i. “Progress of science and useful arts” 1. Science is copyright, and useful arts is patents 2. In the days of the Constitution means “knowledge.” ii. Utilitarian clause – not based on the moral rights iii. Most protection is pretty much on federal level. iv. Certain States with particular businesses adopted their own laws, which Congress eventually incorporated...
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...Freedom of Connection – Freedom of Expression: The Changing Legal and Regulatory Ecology Shaping the Internet by William H. Dutton Anna Dopatka Michael Hills Ginette Law and Victoria Nash Oxford Internet Institute University of Oxford 1 St Giles Oxford OX1 3JS United Kingdom 19 August 2010 A report prepared for UNESCO’s Division for Freedom of Expression, Democracy and Peace. The opinions expressed in this report are those of the authors and do not necessarily reflect the views of UNESCO or its Division for Freedom of Expression, Democracy and Peace. Preface As stated in its Constitution, UNESCO is dedicated to “Promoting the free flow of ideas by word and image”. Part of this mission, therefore, is to promote freedom of expression and freedom of the press through sensitization and monitoring activities, as a central element in building strong democracies, contributing to good governance, promoting civic participation and the rule of law, and encouraging human development and security. Media independence and pluralism are fostered by the Organization, providing advisory services on media legislation and sensitizing governments and parliamentarians, as well as civil society and relevant professional associations. However, UNESCO recognizes that the principle of freedom of expression must apply not only to traditional media, but also...
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...The Wealth of Networks The Wealth of Networks How Social Production Transforms Markets and Freedom Yochai Benkler Yale University Press New Haven and London Copyright _ 2006 by Yochai Benkler. All rights reserved. Subject to the exception immediately following, this book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. The author has made an online version of the book available under a Creative Commons Noncommercial Sharealike license; it can be accessed through the author’s website at http://www.benkler.org. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Benkler, Yochai. The wealth of networks : how social production transforms markets and freedom / Yochai Benkler. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-300-11056-2 (alk. paper) ISBN-10: 0-300-11056-1 (alk. paper) 1. Information society. 2. Information networks. 3. Computer networks—Social aspects. 4. Computer networks—Economic aspects. I. Title. HM851.B457 2006 303.48'33—dc22 2005028316 A catalogue record for this book is available from the British Library. The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. 10 9 8 7 6 5 4 3 2 1...
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...ETHICS IN INFORMATION TECHNOLOGY Third Edition This page intentionally left blank ETHICS IN INFORMATION TECHNOLOGY Third Edition George W. Reynolds Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Ethics in Information Technology, Third Edition by George W. Reynolds VP/Editorial Director: Jack Calhoun Publisher: Joe Sabatino Senior Acquisitions Editor: Charles McCormick Jr. Senior Product Manager: Kate Hennessy Mason Development Editor: Mary Pat Shaffer Editorial Assistant: Nora Heink Marketing Manager: Bryant Chrzan Marketing Coordinator: Suellen Ruttkay Content Product Manager: Jennifer Feltri Senior Art Director: Stacy Jenkins Shirley Cover Designer: Itzhack Shelomi Cover Image: iStock Images Technology Project Manager: Chris Valentine Manufacturing Coordinator: Julio Esperas Copyeditor: Green Pen Quality Assurance Proofreader: Suzanne Huizenga Indexer: Alexandra Nickerson Composition: Pre-Press PMG © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission...
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...way computers in the network communicate with each other and perform functions. Software that enables networking follows a set of rules that are generally referred to as protocol. Networks can be interoperable. This means that different types of computers, using different operating systems, can be connected, communicate with each other, and share information - as long as they follow the network protocols. [pic] In Summary: A network is a group of two or more computers, connected together through a physical infrastructure, that are able to communicate and exchange information because they agree to use software that observes the same set of rules, or protocol. WHAT IS THE INTERNET? • A network of networks • Based on TCP/IP (Transmission Control Protocol/Internet Protocol) • Global • A variety of services and tools A network of networks, or "internet," is a group of two or more networks that are: • Interconnected physically • Capable of communicating and sharing data with each other • Able to act together as a single network Machines on one network can communicate with machines on other networks, and send data, files, and other information back and forth. For this to work,...
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