Would Be Pirates

2011 ◽  
pp. 243-274
Author(s):  
Melanie J. Mortensen
Keyword(s):  
Intellectual Property ◽  
New Media ◽  
Ethical Issues ◽  
The Internet ◽  
Communications Technologies ◽  
Future Treatments ◽  
The Law ◽  
Responsible Governance

The debate in Canada that occurred prior to the amendment of the Copyright Act regarding the regulation of television retransmission on the Internet emblematizes significant ethical issues arising from shifts in communications technologies. The alleged piracy of Internet retransmitters demonstrates the broader consequences of the regulation of communications technologies and intellectual property at a variety of levels. Future treatments of new media innovations should be spared the retransmitters’ fate, whereby the innovators were called “pirates” and the law was amended to make them appear so in response to industry pressure. Instead, appropriate criteria should be determined with ethical foundations to administer decisions regarding the responsible governance of communications technologies. Legal, political, and social observations complete the analysis in this chapter, whereby such considerations are raised to advocate a principled approach to the regulation of new media and innovations in communications technologies.

Would Be Pirates

2008 ◽  
pp. 380-401
Author(s):  
Melanie J. Mortensen
Keyword(s):  
Intellectual Property ◽  
New Media ◽  
Ethical Issues ◽  
The Internet ◽  
Communications Technologies ◽  
Future Treatments ◽  
The Law ◽  
Responsible Governance

The debate in Canada that occurred prior to the amendment of the Copyright Act regarding the regulation of television retransmission on the Internet emblematizes significant ethical issues arising from shifts in communications technologies. The alleged piracy of Internet retransmitters demonstrates the broader consequences of the regulation of communications technologies and intellectual property at a variety of levels. Future treatments of new media innovations should be spared the retransmitters’ fate, whereby the innovators were called “pirates” and the law was amended to make them appear so in response to industry pressure. Instead, appropriate criteria should be determined with ethical foundations to administer decisions regarding the responsible governance of communications technologies. Legal, political, and social observations complete the analysis in this chapter, whereby such considerations are raised to advocate a principled approach to the regulation of new media and innovations in communications technologies.

scholarly journals Corrigendum

2018 ◽  
Vol 14 (2) ◽  
pp. NP1-NP2
Keyword(s):  
Intellectual Property ◽  
Long Range ◽  
Labor Law ◽  
The Internet ◽  
Law Of War ◽  
Acoustic Device ◽  
The Law ◽  
Media Reports ◽  
First Time ◽  
Us University

James E.K. Parker, Towards an Acoustic Jurisprudence: Law and the Long Range Acoustic Device, Law, Culture and the Humanities (LCH). DOI: 10.1177/1743872115615502 The following corrections have been made to the article: Under heading III.1, another paragraph has been added. This paragraph begins ‘Whereas normal loudspeaker works…’ Under heading III.2, a paragraph has been edited: ‘In effect, what ATC did with the LRAD…’ Under heading III.2, the first sentence of the last paragraph has been expanded to clarify that the G-20 summit was held in Pittsburgh: The LRAD seems to have been used by police for the first time in Georgia in 2007, before receiving its first and most notorious outing on American soil in September 2009 at protests relating to the G-20 Summit being held in Pittsburgh.66 Under heading III.4, the sentence below in the second paragraph has been changed as follows: The law of property provides the conditions for the circulation and ownership of knowledge that enable developments in the science of acoustics at a US university in the 1950s to re-emerge as failed commercial prototypes in Japan in the 1980s only to be taken up again in 1996 by ACT before being patented, trademarked and marketed first as HSS® and then as the LRAD.82 Under heading III.4, the following has been added to the end of the paragraph ‘If the LRAD was originally imagined…’: Not that the presiding judge in the Toronto case would know however. In his discussion of a deposition by Professor David Wood, of Queen’s University, relating to ‘videos posted on the internet’ documenting the LRAD’s use at Pittsburgh, Justice Brown notes that, ‘unfortunately, Professor Wood did not attach any of those media reports or videos as exhibits to his affidavit. As a result, I cannot attach any weight to his statements.’93 Indeed, it’s not clear that any recordings of an LRAD in action were ever actually played in court. As far as I know, the LRAD has yet to feature in the ‘judicial soundscape’. In the conclusion the word ‘copyright’ has been replaced with ‘intellectual property’: The LRAD is the product of diverse institutions, jurisdictions and areas of doctrine, stretching from the law of intellectual property through the law of war to constitutional and labor law. The references and reference numbers have been updated accordingly. All the subsequent versions of the article will be corrected.

COPYRIGHT AND RELATED RIGHTS PROTECTION IN MODERN CONDITIONS

2017 ◽  
Author(s):  
Hanna Urazova ◽  
◽  
Yulia Gudzenko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Modern World ◽  
The Internet ◽  
Rights Protection ◽  
Domestic Legislation ◽  
The Law ◽  
Definition Of

The article presents a study of the problem of protection and enforcement of intellectual property rights, namely copyright and related rights. It is noted that the issue of protection and preservation of copyright and related rights in the modern world is very relevant and currently not fully resolved. The analysis of normative-legal documents in this sphere is carried out. In particular, the domestic legislation was studied, namely, the norms of the Civil and Criminal Codes of Ukraine, the Law of Ukraine "On Copyright and Related Rights", the Law of Ukraine "On State Support of Cinematography in Ukraine". International normative legal acts are analyzed. Namely: the World Intellectual Property Organization Copyright Treaty (BOIB Agreement) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The definition of "protection" is given, as well as the objects and subjects of copyright and related rights. The article also pays attention to the types of copyright and related rights protection: jurisdictional and non-jurisdictional. Two modern ways of copyright protection have been studied - copyright and copyleft. Civil law protection is analyzed: the grounds for a person to go to court to protect their intellectual property rights, the procedure for protection of infringed rights and ways to protect these rights are determined. It has been established that filing a claim against the infringer of copyright and related rights is not always an effective way of protection. Thus, the subjects of copyright and related rights often choose to protect their infringed rights. Problems related to the regulation, protection and proof of copyright infringement on the Internet have been identified. An analysis of case law on the protection of copyright and related rights. It has been found that courts do not always adequately protect related rights that have been violated on the Internet. The conclusions and prospects of development of protection and protection of copyright and related rights are given.

13. The emergence and forms of intellectual property law

2020 ◽  
pp. 223-229
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
The Internet ◽  
Property Law ◽  
Famous Scientist ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Isaac Newton ◽  
Technical Effect ◽  
The Law

Systems of intellectual property law date back many centuries and play a very important role in the information technology field. The main forms of intellectual property law are patents, copyright and trade marks. All play important roles and are considered in this section of the book. Patents and copyright have been applied in an IT context from the early days of the computer whilst trade marks have come to assume more significance with the commercialization of the Internet and its use by major manufacturers who typically own many trade marks developed for use in the course of their activities in the physical environment. As with many areas, the connection between the real and virtual words is not exact. The application of the law of copyright to software has seldom been in doubt. It is clear that the unauthorized copying of all of a work is unlawful. What is not clear is the extent of the protection. The famous scientist Isaac Newton is quoted as saying “If I have seen further, it is because I stood on the shoulders of giants”. Most later works build to some extent on their predecessors and there is a difficult dividing line between fair and unfair use of such works. Somewhat different issues apply in relation to patents – a branch of the law which offers the strongest protection but does require that works be innovative and produce a technical effect – that they should do something. This can be difficult to assess in respect of very fast-moving technologies.

scholarly journals Some aspects of establishing the conformity of an industrial design to the criteria for protection

2021 ◽  
pp. 27-38
Author(s):  
Oleksandr Doroshenko ◽  
Liudmyla Rabotiahova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Industrial Design ◽  
Legal Protection ◽  
Step Test ◽  
The Internet ◽  
The European Union ◽  
Administrative Procedure ◽  
Individual Character ◽  
The Law

Keywords: registered industrial designs, novelty, individual character, administrativeprocedure, invalidity The new edition of the Law of Ukraine «On the Protection of Rights to Industrial Designs» No. 3770-XII,adopted on October 14, 2020, introduced significant changes to the regulation of thelegal protection of industrial designs. The basic norms of the law were harmonizedwith the articles 212−217 Chapter 9 «Intellectual Property» of the Association Agreementbetween Ukraine, on the one hand, and the European Union, the EuropeanAtomic Energy Community and their Member States, on the other hand. The conceptsof «individual character», «the overall impression», «the informed user» and «thedegree of freedom of the designer», «the circles specializing in the relevant industry»have been introduced into the sphere of legal protection. These concepts were not previouslyused in the legislation of Ukraine. The article analyzes the content of theseconcepts on the basis of European law enforcement practice, Decision of the EuropeanUnion Intellectual Property Office Board of Appeal, Judgment of the Court of Justiceof the European Union и Judgment of the General Court of the European Union. Inaccordance with the new edition of the Law, an industrial design can be declared invalidin an administrative procedure. Authors reviewed the administrative procedure for establishing the conformity of a registered industrial design to the criteria for protection(a novelty and an individual character). A registered industrial design shall beconsidered to be new, if no identical design has been previously disclosed to the publicand to have an individual character if the overall impression it produces on the informeduser differs from the overall impression produced on such a user by any previouslydisclosed design. A design shall be deemed to have been made available to thepublic (i) if it has been published following registration or otherwise, or exhibited,used in trade or otherwise disclosed, (ii) except where these events could not reasonablyhave become known in the normal course of business to the circles specializing inthe relevant industry in Ukraine. Authors analyzed this two-step test. Particular attentionwas paid to the disclosure of industrial designs as a trade mark, copyrightwork, patent, utility model or otherwise on the Internet. Criteria for assessing disclosureof designs on the internet considered.

Ethics and E-Business

2011 ◽  
pp. 231-251
Author(s):  
Dianne Waddell
Keyword(s):  
New Media ◽  
Technological Innovation ◽  
Ethical Issues ◽  
Ethical Dilemmas ◽  
The Internet ◽  
Ethical Practice ◽  
Unethical Behaviour ◽  
Figure Of Speech ◽  
On Line ◽  
Media And Technology

This chapter attempts to give an outline of some of the contemporary ethical issues related to technological innovation associated with e-business, in particular the notion that e-business and ethics is an oxymoron (‘a figure of speech … seeming self-contradiction’). The question is, has innovation in e-business resulted in unethical behaviour because of the new media and technology and the fact that businesses are embarking on something new therefore the old rules do not apply? Is it easier to behave unethically over the net? The author reviews the various methods used for dealing with on-line security and investigates the notion of trust which is implied in on-line transactions and business dealings. Also typical e-business ethical dilemmas are proffered as a catalyst for further debate. The author concludes that as e-businesses deal with intangible products and services over the Internet, the potential for ethical dilemmas and shonky practices to develop is far higher than a bricks-and-mortar business. The challenge is for e-businesses to establish trust based on consistent good ethical practice and an industry approach to abusers of the system. Ethics and innovation are not mutually exclusive and will continue to challenge e-businesses.

ROLE OF LIBRARIANS IN TEACHING INFORMATION LITERACY IN ZIMBABWEAN AND SOUTH AFRICAN UNIVERSITIES: A COMPARATIVE STUDY

Mousaion ◽  
2016 ◽  
Vol 33 (1) ◽  
pp. 23-42 ◽  
Author(s):  
Tinashe Mugwisi
Keyword(s):  
South Africa ◽  
South African ◽  
Information Literacy ◽  
Ethical Issues ◽  
University Libraries ◽  
Information And Communications Technologies ◽  
Communications Technologies ◽  
Information Skills ◽  
The University

Information and communications technologies (ICTs) and the Internet have to a large extent influenced the way information is made available, published and accessed. More information is being produced too frequently and information users now require certain skills to sift through this multitude in order to identify what is appropriate for their purposes. Computer and information skills have become a necessity for all academic programmes. As libraries subscribe to databases and other peer-reviewed content (print and electronic), it is important that users are also made aware of such sources and their importance. The purpose of this study was to examine the teaching of information literacy (IL) in universities in Zimbabwe and South Africa, and the role played by librarians in creating information literate graduates. This was done by examining whether such IL programmes were prioritised, their content and how frequently they were reviewed. An electronic questionnaire was distributed to 12 university libraries in Zimbabwe and 21 in South Africa. A total of 25 questionnaires were returned. The findings revealed that IL was being taught in universities library and non-library staff, was compulsory and contributed to the term mark in some institutions. The study also revealed that 44 per cent of the total respondents indicated that the libraries were collaborating with departments and faculty in implementing IL programmes in universities. The study recommends that IL should be an integral part of the university programmes in order to promote the use of databases and to guide students on ethical issues of information use.

Making the Most of the Internet for Failure Analysis

1998 ◽  
Author(s):  
Dan J. Bodoh
Keyword(s):  
New Media ◽  
Failure Analysis ◽  
Digital Media ◽  
Optimization Theory ◽  
The Internet ◽  
Digital Medium ◽  
Production Distribution ◽  
Digital Production ◽  
Computer Monitors ◽  
And Storage

Abstract The growth of the Internet over the past four years provides the failure analyst with a new media for communicating his results. The new digital media offers significant advantages over analog publication of results. Digital production, distribution and storage of failure analysis results reduces copying costs and paper storage, and enhances the ability to search through old analyses. When published digitally, results reach the customer within minutes of finishing the report. Furthermore, images on the computer screen can be of significantly higher quality than images reproduced on paper. The advantages of the digital medium come at a price, however. Research has shown that employees can become less productive when replacing their analog methodologies with digital methodologies. Today's feature-filled software encourages "futzing," one cause of the productivity reduction. In addition, the quality of the images and ability to search the text can be compromised if the software or the analyst does not understand this digital medium. This paper describes a system that offers complete digital production, distribution and storage of failure analysis reports on the Internet. By design, this system reduces the futzing factor, enhances the ability to search the reports, and optimizes images for display on computer monitors. Because photographic images are so important to failure analysis, some digital image optimization theory is reviewed.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

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