scholarly journals Against Strong Copyright in E-Business

2011 ◽  
pp. 2157-2176
Author(s):  
D. E. Wittkower

As digital media give increasing power to users—power to reproduce, share, remix, and otherwise make use of content—businesses based on content provision are forced to either turn to technological and legal means of disempowering users, or to change their business models. By looking at Lockean and Kantian theories as applied to intellectual property rights, we see that business is not justified in disempowering users in this way, and that these theories obligate e-business to find new business models. Utilitarian considerations support disempowering users in this way in some circumstances and for the time being, but also show that there is a general obligation to move to new business models. On these moral bases, as well as on practical bases, e-business ought to refrain from using the legally permitted strong copyright protections, and should instead find ways of doing business which support, value, and respect the technical capabilities that users have gained.

2010 ◽  
pp. 152-171
Author(s):  
D. E. Wittkower

As digital media give increasing power to users—power to reproduce, share, remix, and otherwise make use of content—businesses based on content provision are forced to either turn to technological and legal means of disempowering users, or to change their business models. By looking at Lockean and Kantian theories as applied to intellectual property rights, we see that business is not justified in disempowering users in this way, and that these theories obligate e-business to find new business models. Utilitarian considerations support disempowering users in this way in some circumstances and for the time being, but also show that there is a general obligation to move to new business models. On these moral bases, as well as on practical bases, e-business ought to refrain from using the legally permitted strong copyright protections, and should instead find ways of doing business which support, value, and respect the technical capabilities that users have gained.


Author(s):  
Sankha Bhattacharya ◽  
Dnyanesh Saindane

: Intellectual property rights (IPR) are intellectual privileges that allow authors and inventors to defend their original inventions from misuse or theft. With the assistance of algorithms, clinical science has taken on a different level in recent years. Various advanced tools can be used to investigate pharmacokinetics profiling, in silico experiments, receptor simulations, drug synergistic effects, and so on. Computational scientists are making continuous efforts to figure out how to connect business models in pharmacology. However, software theft and security rights remain major concerns for all. In order to avoid such violations, IPR compliance for R&D as well as promoting machine applications is critical. This compilation will illustrate diverse software concepts, the latest patent data structures, copyright management laws for software, trade secrets, compliance rights, software patenting and contracts, artificial technology priorities and problems, licenses, and case studies relating to IPR violations in pharmaceutical and other fields.


2017 ◽  
Vol 3 (3) ◽  
pp. 277
Author(s):  
Kholis Roisah

Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agree-ment interesting to be understood in the perspective of hard law and soft law. TRIPs Agreement justified as hard or soft law by identifying the norms in the TRIPs agreement. Parameter obligation of TRIPs agreement visible implementation and enforcement of agreement norm with full compliance to fourth of the IPR Convention for the State parties is an indicator of unconditional obligation. Parameters precision TRIPS agreement showed formulation of general obligation setting up the implementation of treaty obligations is regulated in detail and the use of ”shall” term in any norm, describe the imperative norm character and shown indicator as substantial limited of interpretation with the parties might not interpreted. Parameter delegation looked explicitly provision of implementation and enforcement agreement that put an obligation on national authorities of state parties through domestic law and its courts. Parameter obligation, precision as well as delegation showed as high indicator that the TRIPs agreement characterized as hard law.


Author(s):  
Dimitrios P. Meidanis

This chapter investigates intellectual property rights clearance of as part of e-commerce. Rights clearance is viewed as another online transaction that introduces certain technological and organizational challenges. An overview of the current intellectual property rights legislation is used to describe the setting in which business models and digital rights management systems are called to perform safe and fair electronic trade of goods. The chapter focuses on the technological aspects of the arising issues and investigates the potentials of using advanced information technology solutions for facilitating online rights clearance. A case study that presents a working online rights clearance and protection system is used to validate the applicability of the proposed approaches.


Author(s):  
Duygu Toplu Yaşlıoğlu

Electronic commerce and electronic business concepts are highly researched in recent management literature. Network economy has revealed e-commerce, a new trade route that is carried out over the interlinked computers and mobile devices. E-commerce is a method used by almost all businesses that are physically processing. Therefore, there should be a significant distinction between e-business and e-commerce. With the development of e-commerce, new ways of doing business have emerged. Thus, many e-commerce companies have emerged, traditional businesses have started trading in electronic networks, and new business models have begun to be created in digital environments. In order to understand how e-businesses make money, many business models have been studied. For this reason, the concept of business model in the new economy and the transformation of business models into e-business models are examined. In line with this, it is aimed in this chapter to examine e-businesses, to clarify e-business models, and to explain e-commerce types and e-business model types in detail, with examples.


Author(s):  
Pamela Samuelson

The Internet was designed without consideration of how it would affect intellectual property (IP) rights. Yet, it has had transformative impacts on all forms of IP, for example, making it possible for many authors and publishers to reach new audiences, to expand into new markets, and to develop new business models. The Internet also unquestionably has had significant impacts on the development of IP laws, especially copyright. Courts and legislatures have had to grapple with many legally and technologically challenging questions and have had to adapt conventional doctrines or develop new doctrines to answer them. This chapter considers notable developments in US, European, and international laws and other initiatives, focusing primarily on copyright developments, but also briefly reviewing impacts on other forms of IP, namely, trademarks, trade secrets, and patents.


Author(s):  
Duygu Toplu Yaşlıoğlu

Electronic commerce and electronic business concepts are highly researched in recent management literature. Network economy has revealed e-commerce, a new trade route that is carried out over the interlinked computers and mobile devices. E-commerce is a method used by almost all businesses that are physically processing. Therefore, there should be a significant distinction between e-business and e-commerce. With the development of e-commerce, new ways of doing business have emerged. Thus, many e-commerce companies have emerged, traditional businesses have started trading in electronic networks, and new business models have begun to be created in digital environments. In order to understand how e-businesses make money, many business models have been studied. For this reason, the concept of business model in the new economy and the transformation of business models into e-business models are examined. In line with this, it is aimed in this chapter to examine e-businesses, to clarify e-business models, and to explain e-commerce types and e-business model types in detail, with examples.


2011 ◽  
pp. 3442-3486
Author(s):  
Richard A. Spinello ◽  
Herman T. Tavani

This chapter presents some foundational concepts and issues in intellectual property. We begin by defining intellectual objects, which we contrast with physical objects or tangible goods. We then turn to some of the normative justifications that have been advanced to defend the granting of property rights in general, and we ask whether those rationales can be extended to the realm of intellectual objects. Theories of property introduced by Locke and Hegel, as well as utilitarian philosophers, are summarized and critiqued. This sets the stage for reviewing the case against intellectual property. We reject that case and claim instead that policy makers should aim for balanced property rights that avoid the extremes of overprotection and underprotection. Next we examine four different kinds of protection schemes for intellectual property that have been provided by our legal system: copyright laws, patents, trademarks, and trade secrets. This discussion is supplemented with a concise review of recent U.S. legislation involving copyright and digital media and an analysis of technological schemes of property protection known as digital rights management. Finally, we consider a number of recent controversial court cases, including the Napster case and the Microsoft antitrust suit. Many of the issues and controversies introduced in this chapter are explored and analyzed in greater detail in the subsequent chapters of this book.


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