Intellectual Property Rights in a Networked World:: Theory by Richard A. Spinello, Herman T. Tavani

By Richard A. Spinello, Herman T. Tavani

Highbrow estate Rights in a Networked international is a suite of modern essays supplying clean views at the scope and way forward for highbrow estate rights. The tripartite department of the publication is designed to make this inter-disciplinary subject extra obtainable and intelligible to readers of various backgrounds. half I contains a unmarried essay that gives a vast review of the most topics in highbrow estate scholarship, reminiscent of normative highbrow estate idea and the felony infrastructure for estate safety. the second one portion of the publication provides a number of essays which are meant to deepen the reader's realizing of highbrow estate idea and exhibit the way it may help us to grapple with the correct allocation of estate rights in our on-line world. And the ultimate part additional develops the subjects partly II yet in larger element and with a more effective orientation. whereas highbrow estate rights create dynamic incentive results, in addition they entail social charges, and they're occasionally in rigidity with the improvement of a strong public area.

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Some argued that, in addition to the software code itself, the “look and feel” of a software program — that is, the user interface, which consists of features such as icons and pulldown menus — should also be protected by copyright law. , whose user interfaces included menus and buttons that resembled Lotus’ 1-2-3 product. However, this decision was reversed on appeal in 1995. In a somewhat similar case, Apple lost its suit against Microsoft and Hewlett Packard for using features that Apple believed were similar to its icon-based, graphical user interface.

The DMCA also incorporates an exception for “good faith encryption research” or for security research. The researcher must make every effort to obtain permission from the copyright holder before implementing the circumvention device. Despite these exceptions, critics have highlighted many problems with the DMCA, such as its implicit subversion of the fair-use exemption. The DMCA Copyright © 2005, Idea Group Inc. Copying or distributing in print or electronic forms without written permission of Idea Group Inc.

Similarly, Vaidhyanathan (2001) claims that “authorship is theoretically suspect, texts are unstable, and originality is more often a pose or pretense than a definable aspect of a work” (p. 8). Of course, if the notion of authorship is so inchoate, and if the author is more illusory than real, it makes no sense to award “rights” to this fictional entity. And if originality is a “pretense,” there would be no valid copyrights, at least as the copyright statute is currently configured. But is there any plausibility to these unorthodox viewpoints?

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