Discussion Cyberlaw….mm

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Discussion Cyberlaw….mm


On the discussion forum, briefly summarize two important US court cases that deal with the theft of intellectual property. Are there any instances when the theft of intellectual property is legally justified?

Reply 1:-

Literary theft is a demonstration when you take somebody’s work and attempt to pass it off as your own. This is known as taking, which isn’t just deceptive, however it is additionally illicit. In lawful terms, counterfeiting is viewed as abstract burglary. In the event that you intentionally utilize someone else’s work without giving them credit, you are submitting counterfeiting. Literary theft additionally stretches out to thoughts and items; taking somebody’s unique thought or item and passing it off as your own.

US law expresses that unique thoughts, including stories, expressions, and different gatherings of words are ensured under the US copyright law. This implies on the off chance that you take someone else’s thought and unique substance, you have damaged the licensed innovation law, which is a wrongdoing. In the event that an individual secures their artistic work (comprising of words and expressions), they have physical verification that you have submitted literary theft, and you could confront extreme outcomes.

For example, in the event that you appropriate a paper in school, the outcomes are not as serious as those related with taking somebody’s book or copyrighted material. Be that as it may, in light of the fact that you are not removed to imprison for taking crafted by your companions in school, you could confront genuine outcomes from your instructive foundation.

Another view would be that counterfeiting isn’t right since it is taking credit from the first makers. On this view the issue is that in the event that you go off my work as your own, at that point you’re assuming praise that is legitimately mine. You’re making me a casualty of your burglary. I don’t enjoy anybody’s ‘defeat’, yet I take a gander at it thusly: for each disfavored copyright infringer, a genuine scientist finds a new line of work, or gets financed, or gets advanced.

Reply 2:-

Intellectual Property is a law which helps to protect the right of work that was done in any form. It basically includes pretty much everything from Books, Publications, Company logos, Artistic plays or anything. The basic idea of Intellectual property is to protect the work done by the original source and encourage new talent. Weather consciously or sub-consciously if anyone does the similar kind of work, Parent holder of that product/company has the right to file a case against them for copying the work. There are 3 types of laws that are defined to protect the Intellectual property in the United States: Patents, Copyrights, Trademarks.

Here are few cases of Intellectual property:

S.Victor Whitmill vs Warner Bros. Entertainment Inc.

This particular case deals with S.Victor Whitmill who is a celebrity Tattoo artist filled a case against Warner Bros Entertainment. Victor has done the Tattoo work for Mike Tyson earlier and obtained copyright for eight-year-old “Art work on 3-D” on April 19. In one of Warner Bros movies named The Hangover Part II, they used the same Tattoo to one of the actor in the film. As there was already a copy right held for that Tattoo Victor had claimed that the use of his design in that movie without taking his concern and any notice regarding was copyright Infringement. On 24th of May Chief Judge Catherine D. Perry denied an injunction on the Movies release but said that Victor can still had a case. Latter post the movie release Whitmill and Warner Bros compromised with an agreement with an undisclosed term.

Adidas America Inc vs Payless Shoesource Inc.

In 1994, Adidas America Inc and payless Shoesource got in to neck and using neck of using strips as the logo for selling their respective shoes. Adidas was using their 3 striped logos from early 1952 and had recently registered its watermark during 1994. But Payless was trying to sell their products with similar kind of design and setting 2 striped or 4 striped. During this period both the companies were hashed out for a settlement. But later in 2001, Payless again started to use the design of Adidas and trying to sell the look-alikes. Fearing the market identity of the buyers Adidas America Inc. demanded a Jury trial, which went for 7 years. During this period, 268 pairs of Payless shoes were reviewed, and the jury had awarded $100 million – $305 million for each stripe.

I didn’t really found any cases that showed me Theft of Intellectual Property was justified, There were articles which say the patent holder is rewarded and few cases were closed with Undisclosed terms. (Megan Gambino, 2011)

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