scholarly journals Tolerance Of Intellectual Property Theft

2010 ◽  
Vol 8 (5) ◽  
Author(s):  
Robert B. Settle ◽  
Kirsten A. Passyn ◽  
Memo Diriker ◽  
Gerard R. DiBartolo
Keyword(s):  
Intellectual Property ◽  
Physical Property ◽  
Font Size ◽  
The Public ◽  
Personal Property ◽  
A Company ◽  
Intellectual Property Theft

<p class="MsoNormal" style="text-align: justify; margin: 0in 0.5in 0pt; mso-pagination: none;"><span style="color: black; mso-bidi-font-size: 10.0pt; mso-bidi-font-family: 'Times New Roman'; mso-themecolor: text1;"><span style="font-size: x-small;"><span style="font-family: Times New Roman;">A survey of the public tested the proposition that the degree to which theft is tolerable or reprehensible is significantly determined by whether the owner/victim is or is not directly deprived by the theft. Respondents registered their degree of condemnation of theft of physical goods from an individual and from a company, as well as theft of physical property and of intellectual property by copying the content. The findings indicate that theft of physical, personal property is regarded as significantly more reprehensible than either theft of physical goods from a non-personal owner or theft of intellectual property by copying content. </span></span></span></p>

The Law and Economics Analysis of Intellectual Property: Paradigmatic Shift From Incentives to Traditional Property

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
Eli M. Salzberger
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Law And Economics ◽  
Physical Property ◽  
Microeconomic Theory ◽  
General Notion ◽  
Technological Revolution ◽  
The Public ◽  
The Commons

This paper focuses on the normative analysis of intellectual property rights, in light of the technological revolution of the Internet and accompanying technologies. After a brief overview of the various philosophical justifications for awarding intellectual property rights, it identifies two major Law and Economics paradigms for the analysis of intellectual property: the incentives paradigm, which is founded upon the public goods analysis of neo-classical microeconomic theory, and the tragedy of the commons literature, which is based on the economic analysis of externalities. The paper raises several points of critique towards both frameworks of analysis and especially towards their inability to point to the desirable extent of intellectual property rights (IPR) and the direction of their reform required as the result of the recent technological revolution. It further criticizes the dominant contemporary Law and Economics writings in this field as shifting to a new proprietary paradigm that pre-assumes information to be an object of property, overlooking its fundamental differences from physical property and focusing on its management rather than on its initial justifications. The paper is concluded with some tentative thoughts on the general notion of “Property Rights” in light of the contemporary approach concerning intellectual property.

scholarly journals Reconciling Intellectual and Personal Property

2016 ◽  
Author(s):  
Aaron Perzanowski ◽  
Jason Schultz
Keyword(s):  
Intellectual Property ◽  
Digital Media ◽  
Copyright Law ◽  
The Public ◽  
Personal Property ◽  
Property System ◽  
System P ◽  
Market Inefficiency ◽  
Consumer Interests ◽  
Basic Functions

Copyright law sets up an inevitable tension between the intellectual property of creators and the personal property of consumers — in other words, between copyrights and copies. For the better part of the last century, copyright law successfully mediated this tension through the principle of exhaustion — the notion that once a rights holder transfers a copy of a work to a new owner, its rights against that owner are diminished.Rather than an idiosyncratic carveout or exception, exhaustion is an inherent part of copyright law’s balance between the rights of creators and the rights of the public. Nonetheless, many rights holders and some courts see exhaustion as nothing more than a loophole or market inefficiency that allows consumers to make unauthorized uses of intellectual property rightly controlled by the copyright owner. Two developments threaten to curtail exhaustion and consumer interests. First, content owners have endeavored to eliminate the personal property interests of consumers, redefining the notion of ownership by characterizing their transactions with consumers as licenses. Second, the tangible copy is rapidly disappearing as copyright markets shift from the distribution of physical products to exchanges of networked information.In short, the equilibrium between personal and intellectual property that exhaustion enabled depends on doctrinal assumptions about the copyright marketplace that are quickly becoming outdated. By examining the basic functions of copy ownership, this Article will attempt to construct a notion of consumer property rights in digital media that acknowledges the shift away from tangible artifacts while preserving exhaustion’s central role in the intellectual property system.

scholarly journals How Government Provide Legal Protection for Trade Secrets?

2020 ◽  
Vol 1 (2) ◽  
pp. 215-224
Author(s):  
Idul Hanzah Alid ◽  
Lailasari Ekaningsih
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Legal Protection ◽  
Trade Secret ◽  
Trade Secrets ◽  
The Public ◽  
Directorate General ◽  
A Company ◽  
Corporate Information

Trade secret is a factor in the creation of innovation for a company to maintain its presence in the community. PT. CPM must identify information that is considered confidential trade before making attempts of legal protection of such information, because not all corporate information can be regarded as a trade secret. The identification is done by providing criteria for confidential information such as information that is not known by the public, has economic value, giving a loss if the information leaked and stolen. So PT. CPM has two attempts of legal protection of trade secrets. First, preventively is to have rules and regulations and written agreements between the parties relating to trade secret information PT. CPM. Second, repressive of protecting end to the measures for violations occurred. In case of violation, PT. CPM will solve the problem amicably. If it fails, then the next action to decide the employment of actors and reported to the authorities. Companies better make a written agreement between the parties in advance and posted to the Directorate General of Intellectual Property Rights in order to ensure the protection of the company's trade secrets.

DUE DILIGENCE PROCEDURE IN THE FIELD OF INTELLECTUAL PROPERTY IN THE PROCESS OF CONDUCTING THE PROCUREMENT OBJECT

2020 ◽  
Author(s):  
Maria Shilyaeva
Keyword(s):  
Intellectual Property ◽  
Due Diligence ◽  
A Company

The article is devoted to a new term in Russian practice — Due Diligence, which allows you to identify and reduce possible risks that arise when buying, taking over a company or investing. In Russia, Due Diligence has its own characteristics and features, which are discussed in this article.

Pyramid: A Case Study of Cyber Security in India

2015 ◽  
Vol 4 (1) ◽  
pp. 135-142 ◽  
Author(s):  
Nimisha Singh ◽  
Abha Rishi
Keyword(s):  
Cloud Computing ◽  
Law Enforcement ◽  
Cyber Security ◽  
Cloud Platform ◽  
The Public ◽  
Security Breaches ◽  
Digital Network ◽  
Digital Crime ◽  
A Company

As the world becomes increasingly interlinked through the Internet, cyberspace frauds are also on the rise. This is a case study on a company, Pyramid Cyber Security (P) Ltd., which specializes in digital crime, fraud and forensic solutions and services in India. Over the years, the company has established several digital forensics laboratories and security projects for agencies in law enforcement, the public sector and corporate organizations. With the scalability, flexibility and economic advantage offered by cloud computing, more and more organizations are moving towards cloud for their applications. With all the benefits of cloud computing, it also opens up a company to the danger of digital crime and security breaches on the cloud platform. This has thrown open new vistas for Pyramid, putting it in a dilemma of whether to focus on the existing business or explore new opportunities in cloud forensics investigation thrown by the wide acceptance of cloud computing. It also poses the question whether a company should go in for pre-incident or post-incident digital network security architecture. It is a teaching case.

Hamilton and the Law

2020 ◽  
Keyword(s):  
Domestic Violence ◽  
Intellectual Property ◽  
Family Law ◽  
Alexander Hamilton ◽  
Constitutional Convention ◽  
Founding Fathers ◽  
The Public ◽  
American Experience ◽  
Second Amendment ◽  
The Law

Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. This book offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.

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