October
8
2009
With this message I have created a copyright. Should this post become as popular as say a Beatle’s song I could sue for royalties from everyone who forwards it. The copyright on the post lasts 75 years and if I register the copyright it will last as long as 100 years. Even what is in the copyright and what is not is questionable as I can later derive work from this post and extend the copyright.
While Congress is spending millions studying the Drug War, Health Care, the Deficit and a myriad of other issues, the impact of an obsolete copyright law is far greater on society. On the corporate level there is a push to extend copyright, neglecting that most of what we see today on TV or the movies is derived work from historical authors like Shakespeare who then derived much of his work from Greek plays. On the left there are people like Thom Hartman who want to see copyright laws repealed guaranteeing Disney and other movie produces will never make another movie.
Currently, Google is under a legal injunction preventing them from just scanning books that may still be in copyright. There is a better way to sort the current mess. Public domain works have become like the Guttenberg Project and with open source software a valuable resource. With the internet available to the world public domain works spread communication and education. There are many ideas and valuable history wrapped up in out of print works. The Internet exploits these works adding value to society
How much other obscure information becomes valuable when exposed on-line? Like Google the Guttenberg Project cannot put on line thousands of obscure and out of print books because of out of touch copyright laws. In the past a publisher – say of Schumpeter’s Business Cycles — had a motivation not to reprint an out of print book. They had to cover the cost of a minimum printing and this meant warehousing, distribution and promotion costs. Thus many, many books lie fallow, keeping library shelves full and supporting out of print book dealers.
With every change in technology there are winners and losers. Economics generally sorts things out, however government and laws play an important part in making economic value. Without copyright laws the publishing industry would come to a screeching halt. Already the music industry is caught in a bind over internet distribution. Yet there are some simple solutions to this problem.
1. Lower the length of copyright on non-registered works to three to five years. A short time frame would further expand the value of the Internet as a resource.
2. Make registered works re-register every five to seven years.
3. Raise the registration fee to a level that would support an enforcement fund.
4. Define clear penalties for infringement that are high enough to be enforceable but not draconian.
5. Automatically flow the funds from enforced royalties to the registered copyright holder.
6. Allow re-registration of copyrights to enter open bidding with the funds from a high bidder going to the previous copyright holder.
7. Failure to re-register a copyright pushes the work into the public domain.
In effect the holders of registered copyrights would be paying a tax for enforcement just as banks pay FDIC insurance on deposits. As with domain names, all registered copyrights can now be on line. A cottage industry would spring up around bidding for expiring copyrights giving the owner extra bidding power. Fees collected as well as fines support rational enforcement. Fines could be split between copyright holder and the enforcement agency. In bidding for expired copyrights the enforcement agency would get a portion of the bid allowing for legitimate bidding and higher fees on properties with greater potential enforcement costs.
The same could be done with software where in-registration a copy of the code is archived with the licensing agency. On expiration the code would be released on-line allowing users access for bug fixes and modifications again making possible derived works and increasing the economy. When a product is no longer available for sale or supported and has embedded software that software becomes publicly available.
On both sides the consumer and creator are protected. Unregistered works become publicly available much sooner and valuable works of creation take on greater and greater value as they become part of the culture. As things expire each has a chance at increased exposure. Out of print works become easily and readily available adding to the wealth and knowledge of society.
October
8
2009
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October
5
2009
A patent is a set of ownership rights given by a state to investors so that they have the exclusive rights to make, use and sell their own invention. Patents are given so as to prevent others from making, selling or importing the same invention.
The inventor is called the patentee and he also has to comply with other laws and regulations to use his own invention. He can only market or sell his product under regulatory approval. If his product or design is an improvement of a product that is already there in the market he has to first get license from the owner of the earlier broader patent covering the same type of product. The owner of the improved product can also have the right to exclude the patent owner from using the improvement.
Patentee’s Rights:
Now the patentee can have the right to exclude others from copying, using, selling or importing his patent product for a term of 20 years. A patent is in fact a kind of agreement between the inventor and the government where the state guards the right of the inventor from others from using or selling his invention as long as he makes the details of his invention public. This also like in any other case the property right may be sold, licensed, mortgaged, assigned or transferred, or simply given away.
How to get a patent?
To obtain a patent you must first provide a complete description of your invention in writing. This is provided with the ‘patent specification’ along with the figures showing how the invention is made and how it operates. At the end of the specification you must put forward your claims that points out specifically what you regard as your invention. This is a description unlike the body of the specification, designed to provide the public with notice of precisely what you as the patent owner has a right to exclude others from making, using, or selling. It basically defines what a patent covers or what it does not cover. There may be numerous claims for a single patent, each of which is regarded as a distinct invention. For a patent to be granted, the patent application must meet the requirements of the national law related to patentability.
Patents are enforced through civil lawsuits. A patent owner can seek monetary compensation if an accused infringer breaks any of the patents law and practices even one of the claims of the patent. He can prohibit the accused from engaging in future acts of infringement. But if the accused infringer challenges the validity of the patent owner then the court may declare the patent invalid. The grounds on which a patent can be found invalid are set out in the relevant patent legislation and vary between countries.
October
3
2009
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October
1
2009
My brother in law is a law student of a famous University in California. In the next months he will be graduated from that University. When I talked to him on the telephone, I know that there’s something that he’s worried of. How to find a job after he’s graduated?
Even though that he’s graduated from a famous University, finding a suitable job for law graduates now days is not an easy job. There are too many law graduates who are also looking for law jobs out there.
When I’m browsing the internet, I found this site that surely can help my brother in law forget about what he’s worried of. LegalAuthority.com, this site can help law graduates to get an excellent law job like attorney jobs.
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I read a lot about Legal Authority Review and also Legal Authority Testimonials. Finally I told my brother in law to visit Legal Authority and sign up there. I’m sure that one day, after my brother in law graduated, he will get an excellent law jobs.
October
1
2009
With so many different aspects to software, the protection of software draws on many different areas of law. Protection of source code as a copyright literary work was specifically introduced in the UK in 1992, however the ways and means to protect software extend further than this. The foundations for software protection lay directly and indirectly by contract, copyright, designs law, patent law, trade marks, passing off, law of confidence and trade secrets.
What is Protected and How?
Intellectual property rights do not protect ideas. It protects the embodiment of ideas in their expressed, recorded or implemented form. For computer software this means copyright protects source code in the way that it appears on a hardcopy, and in its compiled forms. Intellectual property rights do not protect ideas unless they 1. are confidential and 2. remain confidential. Confidential information will protect information in all its forms, spoken, written or recorded by some other means.
As copyright is qualified monopoly – it does not protect all works for all purposes – copyright will not protect algorithms used and mathematical calculations used in source code. The rationale for this is that a copyright owner does not own the facts or ideas expressed in the work, only the particular way they are expressed, or written down.
Intellectual property rights are protected by contract with users. These will be familiar, as in the industry they are referred to as software licenses. Licenses of intellectual property rights is incredibly flexible, and in essence they are simply permissions to use software subject conditions. The conditions for the use of software rely on the context of the license. In commercial software licenses, the license will be granted in exchange for a payment of money, and may be limited in any number of ways. For instance the licensee may only be permitted to use one copy of the license, or the use of the license may be limited by the territory. The permission used in open source licensing is granted on condition of the principles espoused by the Free Software Foundation.
The best way to protect software is to only release copies of the software in an obfuscated compiled form.
Designs law protects the appearance of physical articles, however designs law in the UK has been extended to allow registered design protection for icons and other designs that appear on a computer screen.
Areas of Law Protecting Software
Copyright – copyright protects the skill and judgment invested in creating a work, and others may copy the functionality provided they do not copy the original program. In this way, copyright does not protect functionality in its own right.
It is trite to say that constantly developed software attracts perpetual copyright protection. Variations of source code may amount to ‘adaptations’ of the original namely variations of the source code in language and coding methodology.
There have been a line of cases where claimants have claimed that the look and feel of users interfaces displayed by software has been infringed. UK Court have are inclined to make a finding that copyright ahs been infringed when it occurs on an abstract level, as it would be unfair on the public, as there must be a degree of certainty of what will infringe and what will not. This reasoning pervades judgments involving other types of copyright works, such as the decision in the Da Vinci Case.
Lawful users of software are entitled to perform certain activities on third parties’ software. They may backup the software, both decompile and reverse engineer software for specific purposes (that is to study the ideas contained in the source code, or create other software that interfaces with the original software), and edit software for the purpose of correcting errors.
Patents – provided the software steers clear of the exclusions to patentability, patent law will protect the method that the software uses to perform the process. The protection lasts for 20 years. Protection is more easily obtained in the US, as business methods are patentable, whereas in the UK business methods are specifically excluded. The trade off with the expense involved is the marked strength of protection granted.
In order to obtain a patent for software, an invention must be new, inventive, have an industrial application and not fall into excluded subject matter. Excluded subject matter are scientific theories, mathematical methods, rules or scheme of performing a mental act, methods of doing business and the presentation of information and computer program.
Difficulties are experienced by applicants for software patents because software needs something extra: a technical effect. It is the technical effect produced by the software that is patentable, and not the software itself.
A technical effect or ‘contribution’ in the physical domain drags the invention out of the reach of the excluded subject matter. Some tangible end result is required that makes an advance: the effect does not have to be in the physical domain. It is the application that is performed by the software that is protected by patent law, and not computer programs themselves. The focus therefore is on the process performed by the software.
In Viacom, software processed images to produce better quality images. The technical effect in this case was the production of the images. It was not the program that was patented, but the process implemented by the program. This is also an instance of an algorithm being indirectly patentable. Algorithms of themselves are not patentable as they are mathematical methods and excluded by s 1(2) of the Patents Act. However a method that implements to the algorithm in a particular patented process patents that algorithm for the process.
As a matter of substance, of all that is being performed is one of the defined exclusions under section 1(2), then it is still unprotectable. The test relies therefore on what the invention does as opposed to the manner in which the invention accomplishes the task.
Patents have been obtained for software that processes images to produce better quality images; drawings of better curves on a computer screen; manufacturing control processes; and operating system monitoring software.
A demonstrative link between the computer program and the process in a physical domain was required rather than that of an electronic calculation dictated by the laws of physics and mathematics which controlled the machine in the physical world.
Computer programs, mathematical methods, discoveries, schemes, rules or methods for performing mental acts and methods for presentation of information are excluded from patentability to the extent that they do not have an impact in the real world. In effect for software, the computer program cannot be claimed on its own – there must be a ‘technical effect’. The program must facilitate some other process, rather than embody the process itself.
Designs – provides an indirect means to protect firmware and a direct means to protects icons.
Trade mark law and passing off – protects the name that is used to refer to the software in industry. Trade mark law is generally a more cost effective means of protecting the trade name.
Confidential Information – protects business and commercial information. Where source code or design materials have had their confidentiality maintained, they are protected.
Trade Secrets – computer software is generally considered to be trade secrets and thus ex-employees are unable to use the ideas. Trade secrets do not protect broad or general ideas. Trade Secrets can include secret formulae, names of customers and the services that they buy.
The way software works is usually considered a trade secret, which is an elevated form of confidential information.
Some of these intellectual property rights frequently overlap in the protection of computer software. For instance, the way proprietary software works to perform a task is likely to be considered trade secret, as well as being protected by copyright. If a patent has been obtained, copyright protection will be maintained in the source code and machine code derived from the source code, however once the patent has been published, the way the software works will lose its status as a trade secret to the extent that it is disclosed in the patent specification.
Ownership
In the absence of an agreement to the contrary, the first owner of the copyright in software is the person to made it, unless that person is employed, in which case the employer owns it. Freelance programmers and consultants therefore own the copyright in the code that they write unless special circumstances apply.
Licensing
A fundamental precept of intellectual property law is a licence. A licence is simply a permission to use some embodiment of intellectual property. Where use of software is not embodied within a licence it is an infringement. Depending upon the rights that have been acquired in the software, it may be an infringement of copyright, design rights or patent rights. The knowledge embodied in software may also amount to a trade secret, which is particularly sensitive confidential information.
Unlawful Use of Software and Infringement
Copyright is infringed when a person other than the copyright owner or their licensee performs one of the exclusive rights of the copyright owner or authorises another to do so. The exclusive rights are the rights to:
1. copy the work
2. distribute the work
3. rent or lend the work to the public
4. make an adaptation of the work
5. perform any of the foregoing exclusive rights in respect to an adaptation.
So, the copyright owner is entitled to stop anyone fro performing these restricted acts without their permission.
Infringement may take place by translating a two dimensional work to a three dimensional work – such as a drawing to a building; making a copy of a published page; and the copying may be incidental or transient, such as running a program – as the software is loaded (copied) into memory to be executed. Also, restructured, altered versions and translations of software also infringe. Communicating the software to public by broadcasting the work or making it available to the public (whether it is actually accessed or not) also infringe copyright. These two are the rights that catch copies emanating from Peer2Peer file sharing networks.
The entire work does not need to be copied to infringe. A ’substantial part’ of the software only needs to be copied. This a qualitative test rather than a quantitative test – it is the importance of the parts copied rather than the quantity copied. As stated earlier, infringement is avoided if the work is independently created. There is no innocence defence to copyright infringement – it is no excuse to say that one did not know that copyright was owned by someone else.
Secondary Infringement – this is infringement arising from dealing with infringing copies, and take place when a person sells, tries to sell or imports infringing copies. It also includes dealing with articles that are used to make infringing copies.
There is a public policy defence to copyright infringement, whereby a court will refuse to enforce copyright where ordering that an infringement would be contrary to the public interest, for instance in a claim for infringement of software that perpetrated a fraud, piracy or hacking.
Remedies
Search orders (previously referred to as Anton Pillar orders) are of particular note, in that copyright owners may obtain an order that entitles them to search and take copies of relevant materials, to avoid the circumstance that they may be readily destroyed a, thus defeating a claim to infringement.
An order for damages which takes the form of a monetary payment is the primary means for compensating infringement of copyright works. In English law, additional damages are also available where the infringing party obtains a benefit from the use of the infringing work or the infringer acted with disregard for the copyright owner’s rights. An injunction is usually available to prevent further infringements, in addition to orders for the delivery up of infringing materials.
Quick Tips
1. Rather than taking a chance on thinking that the law of confidence will protect information, enter into non-disclosure agreements that ensure that a contractual right exists to prevent non-disclosure. It also allows recovery of damages in the event of disclosure in addition to an injunction, which is not the case when the general law obligation of confidentiality is implied by law.
2. There is no formal ‘copyrighting’ process in English law. A common means to prove that a copyright work existed at the time a claimant says it does is by lodging the contents of the copyright work with an independent third party.
3. Be clear about the rights that are granted to licensees.
Leigh Ellis is a software solicitor and qualified software engineer, providing legal advice to technology businesses in the UK and worldwide. He advises on protection of computer software, technology law and IPRs from the United Kingdom. He has advised businesses in the United States, United Kingdom, China, France, Australia, Gibraltar, Russia and Switzerland.
Article Source: http://EzineArticles.com/?expert=L_Ellis
September
28
2009
Intellectual property applicable to a new Clothing Line design may include trademark protection, copyright, and/or a patent(s):
Trademark protection
For the name, logo, or graphic that identifies and distinguishes your line from others. You can and should use TM next to or in close proximity to your mark upon initial use. TM simply means that you claim a common law right to the mark, which by virtue of your use you have a right to claim.
Use of ® is strictly prohibited until your application is completely approved and your mark is registered at the United States Trademark Office. In fact, improper use of ® is illegal and can be punishable by law. In addition, improper use can adversely affect trademark rights and registerability of a mark.
NOTE: The trademark must be used consistently to identify the clothing line verses some short phrase, slogan and/or graphic printed on a garment or T-shirt for the purpose of making a statement. First step is to identify your mark, its goods or service description, and learn common mistakes in selecting a mark, see Trademark Information and Trademark Goods Services Description. Second step is to perform a Trademark Search, see Trademark Search Instructions on How to Perform a Search as part of the Inventor Start Kit.
Copyright
If you have a drawing or a pattern showing the design of your garment or a photograph of garment these can be the basis of a copyright application. As a reminder, you should always include a copyright notice on all copies of your work (garment design), fixed on paper or in an electronic form, such as © 200_ Full Name/Company Name. ALL RIGHTS RESERVED.
Note: If multiple authors are contributing to a work (garment) and a single person or entity desires to own the collective work then the parties must transfer their rights to the single person or entity via an assignment/work-made-for-hire agreement; otherwise, each contributor is owed a ratable share of the profits realized from use, license or sale of the work.
Design Patent
If your garment design is a new and non-obvious garment design (article of manufacture) it may qualify for protection under a design patent.
September
25
2009
Aion
As the release of the online role-playing game Aion (previously with the under-title The Tower of Eternity) draws closer, more and more information is coming out. Both from the developers themselves, but also all from the fans that are now playing the Open Beta version of the game. And that’s the version we’re going to be talking about in this particular article. The open beta takes Aion to version 1.5, and brings a lot of new things into the game. For example; new titles for the higher levels, new instances and quests, and many, many balancing issues being worked out (although some players may disagree and instead think the game has gotten more unbalanced for a few of the classes, like the Ranger).
Besides that, NCSoft Corporation, the company that is making the game and bringing it over to the US and Europe, are also hard at work “Westernizing” the game. Aion was originally released in South Korea in November 2008. Since then it’s also been adapted to the Chinese market, and as mentioned above, is now making it’s debut in the English speaking parts of the world.
One of the features being developed specifically for the English release, and that people asked for in the previous Closed Beta version, was the ability to control the camera with the left mouse button. That is now the default control configuration. But that’s just one very tiny addition added to the release. They’ve also added almost 40 new default character faces for both factions of the game (Asmodian and Elysian). Other additions include: western hairstyles, the ability to change eye color and leg length, a training ground to prepare players for the Abyss, and a bunch of other neat things.
They are also translating the final parts that are left to English for the commercial release that will be in stores all over the world on the 21 September 2009. The initial price tag will be $49.99, and like all massively multi-player online role playing games, it will also carry a monthly subscription fee of about $10-15 US Dollars.
The monthly fee goes towards paying for server costs, and the staff that are continually updating the game to add new content and keep things balanced and fresh. That is a unique feature that come with MMORPGs and not ordinary video games.
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September
23
2009
UGG boots have become another hot topic amongst people of any profession. As people care their looks more nowadays, a pair of stylish shoes is absolutely required by every female. Did you find a content pair for the coming autumn? If you haven’t got a good idea in how to dress yourself, consider my suggestion please.
UGG 5815, which may be known as UGG classic tall boots, hits the shelves at the beginning of autumn. Its longer boot shaft beautifies your legs and makes legs seem longer and slimmer. It is accented while being folded down. Anyway, it seems fashionable whatever style you wear. I truly believe you have known unique aspects on these Australian sheepskin boots. You can get top quality supple sheepskin, exquisite craftsmanship and light EVA outsole with traction design on UGG 5815. It is comfortable to wear. Is it trendy? You will get the answer only by a browse on fashion magazine or Internet. The stunning beauty is also wearing it. Women with slim outline will be regretful if missing UGG classic tall boots. Another graceful design in the line of UGG is UGG 5819, which is also known as UGG classic cardy boots. They seem a little different with other pieces from UGG. Knitting uppers blending wool are more classical than suede uppers. Over-sized buttons are matching with the whole theme wonderfully. You seem like getting three pairs because you can wear UGG 5819 in three different ways. Would you like to style it up and button or let it slouch and unbuttoned? How about cuffing completely? It is all up to you. Anyway, they are trendy! People get comfort from UGG boots. Meanwhile, UGG provides people with trend as well. Is there any pair better than these universal boots? I have never found till now.
September
23
2009
This is the era of globalization and the whole world is turning into a frame of small village. Information has attained quantum speed so people instantly get informed where they will get better life. Such attitude has become common practice. Hence, immigration has become a very beneficial business. Though, there are pitch dark side of this business. Here in this press release ‘ToneCa.com’ will speak about this black aspect and how ‘New Canada Immigration Guide 2010’ will be helpful for all immigrants.
Canada is a very peaceful country. It offers better education facilities and job opportunities as well. So, people get attracted towards this corner of the world. At first, ‘ToneCA.com’ speaks that unlawful immigration law is extremely punishable offense. It is stricter upon employees of non-profit agencies. Other charges also may be applicable here like state theft, conspiracy, unfair competition laws and so on.
The most interesting fact is awareness about all these consequences to community agencies but still illegal immigration is significantly prevailing. Well! The reasons behind these immigrations are more serious concerns such as terrorism, unemployment and so on. ‘New Canada Immigration Guide 2010’ is a perfect immigration guide to ‘Canada’. It shows way how to immigrate to Canada without any hassle.
If you visit official site www.ToneCA.com you will get to know few important things. For instance, immigrants should know that government of Canada determines the immigration limit. So, only the best can enter into Canada and ‘ToneCA’ make sure that their client is the one among the best. It tries that its clients’ request for permanent residence will be granted at the interview time. So services are undoubtedly quite effective as it takes lot of time if it has done by a common man. All you need to do is download immigrants support software from the website at a very low cost. ToneCA knows that most of the immigrants are poor so it has kept the price low.
The software smartly guides what to do and what should not do. In other words, it offers the most economic price which could be afforded by real needy people. On the other hand, the software offers the best suitable immigration class, offer tests for self evaluation, suggest process how and where to apply. It ensures that the Canadian embassy could never tell you ‘No’.
At last, ‘ToneCA’ did not forget to mention advantage of software. The company speaks that a person may be unscrupulous and may not properly fill your form but this e-guide will never cheat and show you the ultimate right path to Canada. For instance, in normal practice consultant representative fills false political asylum without being consulted with immigrants that eventually destroy credibility of the immigrants and through them into the jail.