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Software Piracy And Its Effects On The Global Economy
Over time, modern–day society has experienced an exponential growth in theft and dishonest
behavior. Alongside the development and evolution of technology, individuals are continually
strategizing criminal activity of the next generation. More specifically, cybercrime, or a crime
committed via the internet or computer network, has gained popularity (Microsoft News Center,
2013). With the click of a button, individuals are able to obtain unlawful copies of software,
personal information, identities, and copyrighted content. Widely recognized, software piracy has
become an attractive alternative for individuals who do not wish to pay for various types of licensed
software or programs. The large population and intelligence of software pirates has hindered the
legal process, allowing the majority of offenders to act without retribution. As a result, software
piracy has developed a reputation that is misconceived as victimless and harmless. However, the
true outcome of software piracy is devastating, affecting millions of employees, businesses, and
computer users across the globe (Santillanes & Felder, 2015). With the potential negative impact on
the global economy, software piracy is an act of unscrupulous behavior. In fact, software piracy is
not a victimless crime, as the outcome of such is absorbed by developers, merchants, and consumers
around the world. Developers, or producers of software, work diligently to design cutting–edge
software and applications. Highly skilled,
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Software Patents and Piracy in China Essay
Software Patents and Piracy in China
Abstract
Software patents raise a lot of issues during the development of IT industry. As a legal action in
protecting the ownership and intellectual property, software patents are applied to a wide range of
codes, from source code, processes to OS, etc. It "provide exclusive rights to the patent holder to use
and profit from the product or process in question." 1 This paper will discuss the general
background and effects of software patents. After presenting its current law and situation in China
and US, the Microsoft vs. Ju Ren Co. case shows the difference between these two regions. It
suggests that enforcing intellectual property still has a long way to go in China. From ethical point
of ... Show more content on Helpwriting.net ...
Then a patent search will be performed through patent database. After passing the evaluation of the
commercial potential of this invention, it will be patented. This patent will then be legally protected
by US law. If the patent process is filed in other countries, for example, China, the ownership should
also be protected by the local Chinese government.
China has achieved great success in economic reform in the last ten years. The increasing foreign
investment, especially in high–tech, has made China one of the biggest market for the sale and
licensing of IPR products. During the period 1993 to 1997 alone, high–tech related foreign
investments in China has reached a total of $185.8 billion.2 However, IPR protection in China is
still way behind US. The most common problem is piracy. Software piracy refers to the illegal or
unauthorized copying of software. In a sense it is ethical equivalent to pirates' attacking ships in
public water. "The International Intellectual Property Alliance estimates that millions of pirated
DVDs worth $160 million, and $47 million worth of fake CDs and cassettes were sold in China in
2001,"6 In this paper two cases will be analyzed in ethical and legal perspectives of patent and
piracy.
Case Study: Pirate CD salesman is arrested
The case
In Jiangsu Province, the southern part of China, it is not surprising to find pirate
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The Influences Of Software Piracy And Copyrighted Material
Abstract: In this report, I have discussed arguments "for" and "against" Software Piracy and
Copyrighted Material. The purpose of this report was to inform the audience of the influences of
Software Piracy and Copyrighted Material, whilst discussing examples in which this has happened
in society today. The main points that are mentioned in this report "for" Software Piracy and
Copyrighted Material are Economic Impacts, Demand for Software, The Future of Software whilst
the "against" arguments include "Risks for consumers and Ethical and Psychological Impacts" I was
able to conclude that Pirating software is something that is still regarded as a crime, regardless of
whether it may have positive impacts to it or not, however it also ... Show more content on
Helpwriting.net ...
Software piracy may have been happening for a long time, but it can display variations of
positive/negative impacts as stated by Antonio R. Andrés, Rajeev K. Goel (2012). For example,
increasing productivity is a positive impact, due to many users eager to program, possibly investing
in software or wishing to be involved in software doings. However, it can also present a negative
effect as it can decrease productivity alongside affect economic growth. Yet, if a superior amount of
piracy can fail to provide for developers, then investments will slow down and economy growth will
reduce. On the other hand, piracy can have a good impact in being able to augment growth in many
cases that may result in additional investments stimulating the economy; as it can tend to become
more predictable. In the figure below, this shows a relation between piracy and economy growth:
The figure above shows that the positive constant of piracy, and growth is effective in productivity.
Nevertheless, piracy can also lower growth in low revenue homelands, which is something that the
government should consider when monitoring the effect of piracy; in their own nations. 1.3 Demand
for Software With software piracy tending to cover many influences in society, cultural factors has
become a key part. In many cases, one popular factor is software such as video games, as it has a
big influence with people having a high demand for video games
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The Potential Effectiveness Of The Digital Economy Act
tExplain the potential effectiveness of the Digital Economy Act in preventing infringement of
copyright.
This essay discusses the usefulness of the Digital Economy Act (the 2010 Act) in preventing
infringement of copyright. The essay will start off discussing the provisions which imposed ISPs to
stop individuals from infringing copyright. Followed by analysing the 2010 Act which caused
widespread controversy and outrage in the United Kingdom. Moreover, my intention is to ascertain
whether it has been effective since its implementation. Also, I will briefly outline the key provisions
relating to infringement of copyright. I will consequently restrict comments to some copyright–
related issues, concentrating on peer–to–peer file sharing over the Internet. Thirdly, practical
examples will be given to evaluate the DEA. Using legislation, case law and journal articles I will
present my findings.
Copyright
Copyright does not protect the idea but the independent expression of the idea. In contrast to
patents, copyright does not create monopolies. Instead, it allows the creator to benefit from the
copyright for a period of time and prevent others taking advantage of their efforts. The Copyright
Designs and Patents Act stipulates the works which is protected. There are certain requirements
which must be met before copyright is granted. Firstly, it must fall into the category of works and
must be original. Originality means the intellectual creation comes from the creator and has
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Software Piracy And Its Effect Piracy On The End User And...
1.0 Introduction 1.1 What my report is about This report will discuss for and against software
piracy, weather it is acceptable to pirate software and the affects piracy has on the end user and
businesses. 1.2 What is software piracy? The Oxford Dictionary definition of software is: "The
programmes and other operating information used by a computer." (The Oxford English Dictionary,
n.d.) Microsoft define software piracy as: "Software piracy is the unauthorized copying,
reproduction, use, or manufacture of software products. (Microsoft, n.d.) One can safely assume that
software piracy is directly linked to manufacturing, downloading or distributing software without
proper licensing. The end counterfeit material is referred to as a "pirate copy". 1.3 Online software
piracy Online software piracy is constantly evolving. This evolution is coupled by many challenges
– Mainly the financial impact is has the developers of software such as Adobe. It exposes users to a
host of unacceptable risks, and ultimately threatens intellectual property rights. This undermines an
entire industry and threatens the global economy. As Internet access continues to grow, both the
opportunities and challenges associated with its use grow and so does internet–based piracy. Piracy,
in general, has grown rapidly. According to the BSA Global Software Survey, the global rate at
which PC software was installed without proper licensing rose from 42 percent in 2011 to 43
percent in 2013 (BSA The
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The Napster and Grokster Cases: Differences and Similarities
Along with the development of a file format (MP3) to store digital audio recordings, came one of
the new millennium's most continuous debates – peer–to–peer piracy – file sharing. Internet
companies such as Napster and Grokster became involved in notable legal cases in regards to
copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order
to understand the differences and similarities, one should have an understanding of each case as well
as the court's ruling.
According to the text A Gift of Fire, Napster "opened on the Web in 1999 as a service that allowed
its users to copy songs in MP3 files from the hard disks of other users" (Baase, 2013, p. 192, Section
4.1.6 Sharing Music: The ... Show more content on Helpwriting.net ...
Louis School of Law, "Washington Law Blog", Case Study: A & M Records v. Napster, Inc., para.
1). Napster did not stay in business long after the higher courts ruling.
This case was quickly followed by another well–know copyright infringement through free software
situation. As John Zelezny's text, Communications Law: Liberties, Restraints, and the Modern
Media, notes, "two companies, Grokster and StreamCast Networks, distributed free software that
allowed users to share digital files through peer–to–peer networks where personal computers
communicated directly with each other and not through a central service" (Communications Law:
Liberties, Restraints and the Modern Media, 2011, p. 360).
The entertainment industry expressed its displeasure when Metro–Goldwyn Mayer (MGM) and
"other film studios, songwriters, music publishers and recording companies filed suit against both
Grokster and the StreamCast Network" (Communications Law: Liberties, Restraints and the
Modern Media, 2011, p. 360). This landmark case made its way to the hallowed halls of the United
States Supreme Court after the higher court granted review of the lower federal courts decision to
side with the defendants (Grokster and StreamCast). Thus was born the case MGM v. Grokster, 545
U.S. 913 (2005). The Supreme Court under began hearing arguments in this case in
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Software Piracy Essay
Software Piracy:
A Worldwide Problem Software piracy is defined as the illegal copying of software for commercial
or personal gain. Software companies have tried many methods to prevent piracy, with varying
degrees of success. Several agencies like the Software Publishers Association and the Business
Software Alliance have been formed to combat both worldwide and domestic piracy. Software
piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. Software
companies have used many different copy protection schemes. The most annoying form of copy
protection is the use of a key disk. This type of copy protection requires the user to insert the
original disk every time the program is run. It can be quite ... Show more content on Helpwriting.net
...
A rather unique strategy used by American software manufactures helps raise local interest in
stopping software piracy. Companies invest money to begin software corporations in foreign
countries. After a few years, the US companies hope that the new, foreign companies will initiate
their own anti–piracy organizations (Weisband 30). Microsoft has led the venture by creating small
software companies to help battle piracy. By doing this, the companies would want to report piracy
because they would be losing money just like American companies are doing now (Weisband 33).
The Software Publishers Association, based in Washington, D.C., was developed to combat software
piracy. As of 1993 the SPA has brought more than 1300 court cases against software pirates. The
SPA has a toll–free number that has helped catch many pirates and prosecute them (O' Malley 50).
The SPA is not merely a law enforcement agency. It meets twice a year with representatives from
software companies. Together they decide how to make their software better and also how to better
serve the consumer. In the spring 1993 conference the SPA decided that if software packages could
develop a standard way to clearly label a software box, the consumer would immediately know if
the program would run well on his computer. This labeling would help reduce the number of
software returns in stores (Karnes 4). Since software stores cannot resell returned software, the
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Ifsm 304 A1
SOFTWARE PIRACY
IFSM 304
Abstract In the various media industries there are extreme worries concerning unauthorized
downloading and copying of their products known as piracy. Piracy of items has been part of
commerce for centuries; counterfeiting of currency for example. With the information age the ease
at which media can be pirated has caused an explosion of this phenomenon. This practice is an
illegal act that is done by individuals for personal use and also for profit. The first do not seem to
see the issues caused by this practice such as; the spreading of viruses and lower quality products.
We will use Reynolds' Seven–Step Ethical Decision Making Approach for the breakdown of the
ethical reality of software piracy. ... Show more content on Helpwriting.net ...
There are a variety of excuses for justifying the use of such sites to acquire various media such as to
test before purchasing, the manufacturer is over charging, and even I am not hurting anyone. The
ethical issue is that the perception is that by using pirated software or media is not illegal but they
are making the decision to break the law.
Facts
Unlicensed software use continued to be a major problem in 2013. Indeed, 43 percent of the
software installed on PCs around the world was not properly licensed, an uptick from 42 percent in
2011. The commercial value of the unlicensed installations was $62.7 billion. (The Compliance
Gap, 2014). As we can see piracy of software and other digital media is a global problem that
adversely affects many businesses and the welfare of employees and consumers.
According to the Recording Industry Association of America (RIAA), 30 billion songs were
illegally downloaded between 2004 and 2009. Even with sites like iTunes and Rhapsody offering
legal downloads, peer–to–peer file sharing still exists. Illegally downloading music has had a
significant impact on the music industry resulting in a loss of profits and jobs, and changing how
music is delivered to the masses. (Adkins, n.d.) Showing that even having the ethically correct
option P2P sharing of illegal media is still thriving. The RIAA reports that music sales in the United
States have dropped
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The Pros And Cons Of Plagiarism
With the advent of computer technology and how much we use it as part of our daily lives, there is
great opportunity for people to do good while there is also a great opportunity for people use it to
benefit themselves at the expense of others. Ethical computing is a set of moral standards, right or
wrong, pertaining to the use of a computer. Being morally ethical is being respectful of other
computer users and their rights and properties and not using a computer to harm others or commits
criminal activity. Although not ethical, technology can allow someone to steal, harm others, invade
privacy and other illegal activities on a computer. These activities may benefit the user but harm and
damage is being done to the recipient.
Plagiarism is a fraudulent act. It is stealing or passing off another person's words or ideas as your
own and not crediting the source from which it came. A copyright is a legal right for the maker of
anything (music, pictures, books, papers, etc.) to have sole possession to make and sell those
products. A copyright infringement is then the illegal production and publication of said goods
without the authorization of the original maker.
One difference between plagiarism and copyright infringement is whether it is illegal or not.
Plagiarism is not illegal according to the law but is more an issue of ethics. Certain vocations or
institutions take the policy of plagiarism seriously. Depending on where this plagiarism occurs may
determine whether someone may get reprimanded or fired from a job or as severe as getting kicked
out of a school or university. A second difference between the two is plagiarism is generally defined
as taken someone's ideas and presenting ownership of them as your own without citing the original
person. Copyright infringement is using a person's work or intellectual property without their
permission. Copyright infringement usually means lost revenue for the copyright holder.
You know you are plagiarizing if you steal another person's ideas and pass them off as your without
giving the original person citation as the originator of that idea. A person is violating copyright law
by using, publishing and/or distributing work you did not create nor have
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Robin Hood Research Paper
Robin Hood and software pirates, do they have anything in common? Robin Hood and software
pirates both take what does not belong to them, then gives it to those who are less fortunate than
them. The core principles that Robin Hood follows are the same as software pirates. One difference
remains though, Robin Hood's actions are ethical, but software pirates are not ethical. The difference
comes from the setting in which each one lives in. Software pirates live in an age of technology, and
there are copyright laws and patents for every invention and product on the market. As a result, the
actions of software pirates are put under scrutiny whenever they are caught. Software pirates are not
unethical people who wish to do damage to the developers ... Show more content on Helpwriting.net
...
If the person is your friend or someone the person knows, it is perfectly ethical. It is common for
people who do not allow others to use their software to argue "I don't have the rights to the software
since I didn't create it" (Chantana). The belief about having no control over the software can be true
in certain situations, but it is not always true. If the situation in which a "program is allowed to run
on different computers at once" (Haggard) might come up, so it would be perfectly within your
rights. In the ethical situation though, the person using the software cannot simply demand it and get
access to it. The person is using the owner to a means to end and nothing else. If the two people are
friends though, they are each providing each other with a social service, so it would be considered
an end to a means. The person would feel better in the end, if they helped their friend out. A friend
demanding something of another friend with little warning is putting pressure to say yes to their
wants, so they probably would not be friends for long after that. If there was advance warning, then
thoughts could be processed and time for alternate solutions could be made. Even if they decide to
give their friend software that they have no right distributing, then the action is still an ethical
... Get more on HelpWriting.net ...
The Infringement Of The Copyright Infringement
1) Does that forwarding email institute for copyright infringement:
The copyright in an email is determined by its content. Forwarding emails is generally not
considered to be a breach of copyright, but, one should carefully consider the nature of the content
of the email and whether it is appropriate to forward it, as other legal issues, such as privacy and
confidentiality, also apply.
According to Copyright Act, it considers sending emails as an act of communication, although, the
issue with emails is that they are easy to copy and forward to my people. Distribution is normally a
restricted right of the copyright owner and to do without the permission of the copyright owner
would be a breach of copyright (Darrow & Ferrera, 2007). Fair use occupies half of the copyright
law and grants limited right to use other's works, regardless of the approval. The most common
remedy for copyright infringement is awarding damages to the copyright owner.
2) Oppose the text–to–speech feature? What markets for your work, if any, might be adversely
affected?
An audiobook, which is a voice performance of a text by an actor, who is a human being, introduces
all the emotional aspects and understate real life signs into the reading to make the story sound alive
while being listened (Darrow & Ferrera, 2007). On the other hand, text to speech uses an inhuman
computer voice to simply repeat the written text as the imitated spoken word. Thus, reading any
book out loud may establish an
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Mgm Vs Grokster Case Summary
MGM v. Grokster (2005)
Supreme Court of the United States
Facts: Grokster, Ltd. and another company, StreamCast Networks Inc, created software that allowed
users to share electronic files through a series of peer–to–peer networks on computers without using
a central server. This software allowed users to share any type of digital file, but most people used
the software to share and distribute copyright music and video files without permission of the
copyright holders, which was encouraged by the software companies. As a response a group of
movie studies and other copyright holders sued Grokster and StreamCast for the infringement on
their copyrights, arguing that the software companies were knowingly and intentionally using their
software ... Show more content on Helpwriting.net ...
Plaintiff Argued: MGM's argument was focused mostly on the fact that Grokster was aware that the
users of their software use it primarily to share. And download copyrighted content. Another
argument that MGM used was that when the defendant began to distribute their software, they
heavily marketed the fact that it could be used to download and share copyrighted content, and
beyond even the marketing they would encourage their users to download and share copyrighted
content.
Defendant Argued: Grokster and StreamCast argued in court that they distributed free software that
allowed users to use peer–to–peer networks to distribute and share electronic files. The basis of the
argument for the defendants was the Betamax decision (Sony v. Universal City Studios), which set
the precedent that making copies of tv shows did not infringe upon a copyright when it was done
with the intention of time shifting. They also argued that their peer–to–peer network could by used
for things other than copyrighted work like, public domain works and music willingly shared. They
also argued that ruling against them would prevent the use of other peer–to–peer software, and
thusly would prevent
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Piracy and the Internet Essay
In the late 1990s, most homes and organizations began to receive Internet access. In correlation,
many features became available to Web including the fact that files of any type could be
downloaded with ease from any source quickly and often for free. The film and music industries felt
that the availability of the Internet was posing a large threat to their business model. It was so easy
to obtain a song or even an entire movie clip with a click of a mouse. Software and books could be
had for "free" as well. It was a common misconception then that these files were available for the
taking without needing to pay for it and also without any worry of penalty. In turn, many otherwise
"innocent" individuals would obtain this copyrighted ... Show more content on Helpwriting.net ...
These three areas will be the topic of this paper. I.SOFTWARE PIRACY Since the inception of the
personal computer, piracy and software has been a problem faced by many software publishers. In
the early days of the modern computer, virtually all computers had a floppy drive, and program's
executable and library files were seamlessly transferred from the hard drive or the software diskette
to a blank floppy disk. Friends and colleagues would then get access to the costly software free–of–
charge, or worse, multiple copies would be made of that program to later be sold for a fraction of the
retail price, with the publisher seeing none of the money. It was already becoming a problem in the
early 1990s, that the Software Publishers Alliance had produced a promotional video, Don't Copy
That Floppy, to spread awareness of the implications pertaining to pirating software. A similar
promotional video, Don't Copy That 2, was released in 2008 as a reminder, mainly targeting the
younger generation and college students. Today, physical copies are still of concern, but the digital
copies have many software publishers concerned. As software can cost anywhere from $20 to $2000
or even more, it really adds up quickly as lost profit potential, and digital copies–copies on the
Internet–are being made widely available. Many software products contain copy protection,
however, many protection methods have been broken. i.How do pirates obtain
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Software Piracy And Its Effects On The Global Economy
Over time, modern–day society has experienced an exponential growth in theft and dishonest
behavior. Alongside the development and evolution of technology, individuals are continually
strategizing criminal activity of the next generation. More specifically, cybercrime, or a crime
committed via the internet or computer network, has gained popularity (Microsoft News Center,
2013). With the click of a button, individuals are able to obtain unlawful copies of software,
personal information, identities, and copyrighted content. Widely recognized, software piracy has
become an attractive alternative for individuals who do not wish to pay for various types of licensed
software or programs. The large population and intelligence of software pirates ... Show more
content on Helpwriting.net ...
In an effort to protect the intellectual property of developers, companies place copyright restraints
on distributed software and applications. By purchasing programs, computer users contribute to
software development, acknowledging and compensating program designers for their work.
Computer users who properly purchase software contribute to the salary of developers, revenue of
companies, and growth of the economy (Andrés & Goel, 2012). Nonetheless, software pirates avoid
paying for software and programs. According to the Microsoft Corporation, end–user fraud, pre–
installed software theft, illegal software downloads, software counterfeiting, and online software
auctioning are all considered to be forms of software piracy ("How Piracy Affects You," 2015). The
ignorance and selfishness of software pirates pose significant risks to software developers, for
software companies are often forced to downsize as a result of revenue loss. Innocent developers are
eliminated from the workforce as a direct result of illegal software reproduction and distribution.
Software pirates jeopardize the employment, salary, and intellectual property rights of developers.
In order to combat software piracy, companies will frequently direct the focus of software
development to software protection. As a result of changing priorities, companies face substantial
additional losses in
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Metro-Goldwyn-Mayer Studios Inc. V. Grokster Case Summary
Case Assignment # 1
TITLE: Metro–Goldwyn–Mayer Studios Inc. v. Grokster, Ltd
FACTS: Grokster and StreamCast Networks distributed a software which allows its users to share
and download copyrighted files without authorization. MGM has sued these networks for
purposefully allowing a violation to the Copyright Act for their own benefit.
DECISION: The District Court ruled in favor of the Grokster and StreamCast, stating that the third
party users are to be held liable for infringing the copyrights. MGM appealed and once again the
Court of Appeals sided with the previous decision. MGM appeals and the case moves forward to the
Supreme Court.
ISSUES: Are Grokster and StreamCast to be held liable for infringement of copyrights of MGM
through a third party? If so, are other companies such as ... Show more content on Helpwriting.net
...
The reasoning behind it is that neither company tried to create some form of filter or a way to avoid
the infringing by their users. Also their implementation of advertisements and wrongful advice to
their users, knowing the intent of its use for infringement.
OPINION: I certainly agree with the final court ruling, the intent to obtain profit from the illegal
distribution of copyrighted works is clear. They basically made the infringement easier for people,
they gave them the tools and knew what their users could do with them. They used this opportunity
to make profit out of advertisement, thinking they could get away with it.
QUESTIONS: What is the difference between Sony's Betamax and Grokster software program? For
starters, distribution via internet is much quicker and is easily obtainable by many users. Sony's
Betamax allows home videotaping, for personal use. On the other hand, Grokster's software allows
users to share files through peer–to–peer networks, making it easier for copyrighted works to be
illegally
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WGU Est1 Task 2
Slide 14 (11) Recommend Steps for H&R Block to Avoid this Type of Situation in the Future
Technology and software development is an ever–growing industry. Copyright infringement can be
very costly as well as a criminal offense (Lobel, 2015). First, having attorneys that specialize in any
copyright laws is critical. The easiest way for H&R Block to avoid violating any copyright
infringements is to simply obtain the author's permission, especially when contracting with any
third–party vendors. If the company chooses to develop similar software used by other companies
avoiding other software's expressed ideas, facts, or another company's expression verbatim will
prevent copyright infringement (Bressler & Bressler, 2015).
Any software products that are utilized by the public embedding the copyright symbol into the
company's work whenever possible can be helpful. Even though the copyright symbol is not legally
necessary to protect the work, it probably would discourage others from copyright infringement
(Savelyev, 2014). Registering all copywritten work and scanning the internet for offenders is one
way to ensure no one else is using a version of the company's software (Lobel, 2015). Keeping
updated on all laws also helps avoid ... Show more content on Helpwriting.net ...
Confidential also protects both parties who enter into a signed agreement preventing any discussions
with third–parties that are not parties of the agreement unless indicated within the agreement
(Bressler & Bressler, 2015). Confidentiality in the beginning stages of inventions is imperative. An
invention of a product can be patented, unfortunately, without a confidentiality agreement an idea
leading to an invention could be stolen and used (Bressler & Bressler, 2015). Without a legal
confidentiality agreement, this could hinder and create consequences for the patenting of the
invention (Lobel,
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Key Facts In The Grokser Case
1. After reading the case on pages 8 & 9 of the text, summarize (brief) the key facts of the case.
There is an example of a case brief on page 8 immediately above the case. The brief refers to case
1.1 on the preceding page.
Copyright is an exclusive right to make copies and they are protected. There were some key facts in
the Grokser case that happened, which were exchanged of copyrighted music, movies, and other
digital media over the Internet that caused major issues. According to "Copyright Infringement?
Really, Its Just A Little Peer–To–Peer File Sharing," facts shows that Grokser, Ltd., and StreamCast
Networks, Inc. distribute free software products that allowed computer users to share electronic files
through peer–to–peer networks (Case 1.2, p.8). The Grokster distributed free software that allowed
private user to download files without authorization. The universities, the government agencies,
corporations, etc mainly used this particular technology. During the case, MGM was able to proved
that majority of their files that were shared were copyrighted files. Even though they ... Show more
content on Helpwriting.net ...
They were not directly liable for any infringement. However, as previously stated they found that
the StreamCast and Grokster software were capable of substantially lawful and neither company
could be held liable. If you publish anything on computer software it is important that you are
legally protected for the copyright law and to make the distributors liable will only make the
copyright protection meaningless. There was no knowledge of infringement. According to the
United States Supreme Court, "The court also held that Grokster and StreamCast did not materially
contribute to their users' infringement because it was the users themselves who searched for,
retrieved, and stored the infringing files, with no involvement by the defendants beyond providing
the software in the first place" (Souter, Justice,
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An Investigation of Software Piracy in China
An Investigation of Software Piracy in China – Software Piracy Lacks Ethical Merit
"Well, sir, from the sound of it, you've got yourself some pirated software.
I'm afraid there's nothing we can do to help you." 1. BSA Statistics 30
1. Introduction
Software piracy is a rampant global problem, according to the Seventh Annual Global Software
Piracy Study by the Business Software Alliance. The rate of software piracy varies significantly
across the world, though no country is without it. Vietnam was rated the largest trouble spot in 2001
with a whopping 94% piracy rate, with China and Indonesia not very far behind (at 92% and 88%
respectively).
During the early days of personal computing, software piracy was a small problem ... Show more
content on Helpwriting.net ...
This is a common form of software piracy, but is easy to identify and combat.
· Industrial Piracy: This occurs when individuals or groups duplicate and distribute software on a
large scale for profit.
· Corporate Piracy: Company X purchases one copy of a piece of software, installs it on its network,
and then allows employees to put it on any computer.
· Reseller Piracy: ABC Computers sells computers with illegal copies of software pre–loaded onto
them.
· Home Piracy: The original type of software piracy, in which people trade software directly with
friends, over bulletin boards or over the web. This form of piracy is very difficult to detect.
· The Asian/Pacific regions lead the world in billions of dollars lost due to software piracy. 2.Legal
Discourse on Software Piracy
2.1.WTO's Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS)
In accordance with its accession to the World Trade Organization in 1999, and to comply with its
obligations on copyright protection under the TRIPS Agreement, China has amended its 1991
Copyright Law. In this article the authors set out the 60 provisions of the Chinese law, consolidating
the substantial amendments made under the legislation passed in 2001. Out of the 60 provisions,
few remain as they were – only 13 in all. The authors conclude that "future evaluations of the level
of copyright protection in the PRC should take into consideration where the
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Problems Faced By Digital World
In a modern world where we have so much technological advancement, cheating or such illegal use
of the software puts negative impact on the IT industry and the main impact includes the financial
losses and less IT related job. It not only risks the security but also the productivity and legal risks.
Security risks can be caused by the malware or spyware present in the pirated software can give out
the personal information or the leak the confidential information. The pirated software may prevent
the use of all the features of that software or there may be bug present in that software which
hinders the productivity because of more time to perform specific task thus leads to frustration.
Legal risks can be if a person/organization caught ... Show more content on Helpwriting.net ...
Small enterprises who wants to compete in the market uses pirated software. These small startups
want make fast profits so, they uses pirated software to make more profit. For small startups major
barrier they face is the money. By using these pirated software they make more money by investing
money on other things such as "e–commerce storefronts" which results in quick expansions and thus
more hiring can be done. To support the local retailers and manufacturers the pirated software is
used. For example, there are so many duplicate products in market which are manufactured by local
manufacturers, they use local hardwares and pirated software in there products and thus there
products are far more cheaper than the original one which encourages the local community to buy
these products. This increases the demand of software piracy. Software companies decides software
price regardless of location. Companies do not take into account the factors such as living standards,
cost of income etc. People in the underdeveloped or developing nations could not able to pay the
price of software which encourages more use of pirated softwares in these countries. With less
awareness among people that sharing of softwares would benefit the community such as in schools
and colleges, students shares the softwares, digital music, videos etc through pirated CD's, DVD's
etc. With the
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Intellectual Property And Social Property Theft
"Stealing is stealing whether you use a computer command or a crowbar, and whether you take
documents, data or dollars. It is equally harmful to the victim whether you sell what you have stolen
or give it away." – Carmen Ortiz. While some of this statement is true, other parts of it are without
merit. There has been much confusion about the Internet and the new problems and questions it
brings to the table in terms of the court of law, and how law enforcement should deal with it. Then
comes the matter of Intellectual Property, and what it covers and how to integrate it into the justice
system. Intellectual Property is a grey area for many people and can also be a very controversial
matter. In this paper I will clear up some misconceptions ... Show more content on Helpwriting.net
...
Granted, when it comes to Intellectual Property 'theft' the original content creators never lose the
product/idea they came up with. All that is 'stolen' is potential revenue which is mostly conjecture
and has never really been fully proven. Then the term IP theft does not really apply, it is counted as
some form of copyright infringement. Another term that usually comes up is the term Piracy. As the
author of the book Software Piracy Exposed puts it, "Piracy is robbery, an infringement of
copyright,"(Honick, 3). The Piracy scene needs a lot of involvement from many different people
with many different needs. It's much like a symbiotic relationship but between many different
people. It works like this: "Crackers have skills that release groups want and release groups have 0–
day releases that topsites and dumpsites want," (Honick, 2). There are many terms and names for
different things and groups of people, but what it comes down to is different people who specialize
in different aspects of the software piracy scene who give and take to and from each other. In an
interview with an unnamed hacker, the author of the book asks what he thinks of piracy. The hacker
gives his thoughts on why some piracy is okay. "Piracy can be good for software," he says. He goes
on to explain how software piracy creates competition, and how "consumers control prices and
consumers decide who gets rich," (Honick, 4). He then
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Incremental Algorithm For Software Piracy
Incremental Algorithm to detect software Piracy
By
HOSSEN, NAJMUL
13–23860–1
RESEARCH METHODOLOGY(C)
¬¬¬Statement of purpose
Now–a–days software is being distributed illegally and most of the people use this pirated software.
As this is free to use people are not concern about the quality. The people who pirates the software
they cannot buy the software but they just put their names after cracking the software for fame. No
update is available for any pirated software. Sometimes fake pirated software can harm people
stealing information or spreading viruses.
Firstly, I was not concerned about the pirated software when I started using computer first. I
searched for full version software and got the cracked software. Downloading this software, I started
using that software. Suddenly, one day I saw a news on an online newspaper that cracked software
may contain virus and may hijack information from anywhere using the internet. After reviewing
that news, I started to search for software piracy over the internet and saw so many articles over
there.
I noticed some statistics that most of the people use pirated software, windows etc. A research says
that around 50 percent people of the world use pirated software. This is a huge number and it is a
matter of concern. If persons who work in government sector, defense or any important position in
any organization use pirated software, all the internal news, information may be transferred to their
opposition and it may
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Essay Piracy in China
Piracy in China
The American Heritage Dictionary defines piracy as "the unauthorized duplication of copyrighted or
patented material." It is a problem that affects companies all over the world. Piracy of software,
movies, and music is commonplace in China. China has the second worst piracy rate in the world;
about 92 percent of the software in China is pirated (Williams 2004). Various companies and
governments have attempted to combat piracy, but they had not seen much success until recent
years. Combating piracy is a difficult task, especially in a country that has a history of not enforcing
intellectual property laws.
Piracy costs companies and artists money. Companies spend millions of dollars on research and
development to ... Show more content on Helpwriting.net ...
Why would it produce the software in the first place?
The evolution of technology has made it even easier to pirate media. Anyone with a personal
computer can easily duplicate CDs and DVDs at home. People commonly pirate DVDs, video and
audio cassettes, and video and audio CDs. The price of the hardware, software, and blank media that
is used to pirate is constantly dropping and is readily available to consumers.
Cultural practices in general in China support piracy. China has a reputation for having a tolerance
for some of the highest piracy rates in the world. "Despite laws and international agreements
protecting intellectual property rights, an overwhelming lack of political rules within China allows
piracy to rapidly expand" (Rohde 2004). However, it's not just the government that is causing the
problem. People seem to believe that piracy is a way of life in China. For instance, an American
expatriate that's living in China was quoted in City Weekend Magazine as saying, "I buy rip–off t–
shirts, I didn't register with the police to live in my building, and I try to avoid paying tax – but I
don't think any of it constitutes fraud. It's just part of life here" (Lusby 2004).
People with certain religious beliefs are affected by piracy. For example, one of the Ten
Commandments is, "Thou shalt not steal." Most people, however, do not associate piracy with
stealing. People believe that buying a pirated DVD or
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USA's Copyright Law
Copyright Law
1."Copyright law offers copyright holders the exclusive right to reproduce, distribute, and publicly
perform copyrighted work" (Carnes). The copyright holder has the authority to govern how the
copyrighted material is distributed by giving specific permissions in writing. Without a specific
written permission, no one has the rights to distribute or sell the copyrighted work.
By selling collections that contain the whole program of the copyrighted material, Software of the
Month Club (SOMC) is selling the copyrighted material without permission from the copyright
holder, Cybersell Impact, Inc. The claim of endorsing and distributing the shareware as performing
a service for the creators infringes the copyright law because of the distributions of the whole
program. The copyright laws allow a small portion of copyrighted material to be used for socially
beneficial purposes, but not the whole program. And, there was a restriction on the distribution that
allowed the sample portion to be distributed without charge to users. The actual charging of the
software and the fact of the whole program being distributed violated the copyright laws and the
restriction of the copyright holder.
The behavior that is being encouraged by the copyright laws and the judges in this case is to treat
each other fair and with respect. If the copyright holder gives permission, then it is ok to distribute
and sell, depending on what is actually granted in the written permission. By not
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Malaysian Piracy Industry Essay
Malaysian Piracy Industry
Though it isn't the largest or the most lucrative business of its type, the Malaysian software piracy
industry is arguably the boldest and most blatant in the world. Despite international pressure,
government crackdowns, and attempts by focus groups, the industry survives and flourishes to this
day. The purpose of this examination is to reveal what keeps the pirates running, what is being done
to curb them, and ethical issues involving the unauthorized duplication and distribution of
copyrighted software products in Malaysia.
Present Day Facts Before analyzing the ethical aspect of piracy in Malaysia, one must understand
the environment in which piracy thrives. Malaysia is a very different place ... Show more content on
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Citizens need hardly leave their homes to pick up copies of everything from the latest videos (often
for sale weeks or even months before theatrical release) to cutting–edge software applications worth
thousands of dollars per copy in the United States. Despite their low price, the discs are of good
quality and perfectly functional. Many sellers even offer money–back guarantees.
Facts and figures
Malaysian software piracy hovers at the 68% mark today. This figure was hailed by the government
and international anti–piracy organizations as a great success, considering the 88% rate of just a few
years ago. It is estimated that the percentage of local market share consumed by pirated CDs
(including music and video) has dropped from 80% in early 2003 to 20% today. The organization in
charge of enforcing copyright is the Ministry of Domestic Trade and Consumer Affairs (MDTCA).
Most raids by are conducted at the street level, and some 30,000 were done in 2003. One third were
reported to be in violation of the law. There are currently 250 anti–piracy officers employed by the
organization.[2] In 2000, the losses from software piracy in Malaysia were estimated at $95.5
million.[3]
Malaysian Copyright Law
Definition of copyright
The Malaysian Copyright Act of 1987 establishes
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Why Do Kathy Commit Crimes?
In this situation Kathy has manipulated copyright protection so she could download music online for
free for herself and her friends. She let some of her friends come over and use her home computer to
download music from online for free and then Kathy was charged with copyright infringement.
Kathy claims ignorance as to the full scope of the law. The question in this situation is did Kathy
commit a crime? According to the book on pages 96–97 "Copyright law is probably the most
important form of intellectual property protection on the Internet. This is because much of the
material on the Internet is copyrighted, and in order to transfer that material online, it must be
'copied'." This means that almost everything online has a copyright so if ... Show more content on
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She probably would have got away with downloading the music just for herself, but as soon as she
let her friend come to her house and use her computer she sent up a red flag. In the book it talks
about the DMCA which is the Digital Millennium Copyright Act. According to the book the Digital
Millennium Copyright Act "gives significant protection to owners of copyrights in digital
information. The act established civil and criminal penalties for anyone who circumvents (bypasses)
encryption software or other technological antipiracy protection." This act also prohibits the sale,
import, manufacture, and distribution of devices or services for circumvention. From what I have
understood from these past few chapters and the section over copyright I believe that Kathy is
violating the Digital Millennium Copyright Act because she is "bypassing" the rule in order to let
herself and her friends to get free music that is protected by a copyright law. The Digital Millennium
Copyright Act does have exceptions for those that fit the needs of libraries, scientists, universities,
and others. Even with these exceptions Kathy is not one that fits under these
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Computer Software Piracy and It's Impact on the...
Computer Software Piracy and it's Impact on the International Economy
The PC industry is over twenty years old. In those twenty years, evolving software technology
brings us faster, more sophisticated, versatile and easy–to–use products. Business software allows
companies to save time, effort and money. Educational computer programs teach basic skills and
complicated subjects. Home software now includes a wide variety of programs that enhance the
users productivity and creativity. The industry is thriving and users stand to benefit along with the
publishers. The SPA (Software Publishers Association) reports that the problem of software theft has
grown, and threatens to prevent the development of new software products. Unauthorized ... Show
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For example, many applications are sold in LAN (local area network) versions that allow a software
package to be placed on a LAN for access by multiple users.
Additionally, permission is given under special license agreement to make multiple copies for use
throughout a large organization. However unless these rights are specifically granted, U.S. law
prohibits a user from making duplicate copies of software except to ensure one working copy and
one archival copy
(NERDC Internet). Without authorization from the copyright owner, title 18 of U.S. Code prohibits
duplicating software for profit, making multiple copies for use by different users within an
organization, downloading multiple copies from a network, or giving an unauthorized copy to
another individual. All are illegal and a federal crime. Penalties include fines up to $250, 000 and
jail terms up to five years (Title 18, Section 2320 and 2322). Microsoft states that illegal copying of
personal computer software is a crucial dilemma both in the United States and over seas. Piracy is
widely practiced and widely tolerated, in some countries, legal protection for software is non
existent; in others laws are unclear, or not enforced with
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Essay about Intellectual Property Rights and the Piracy...
Introduction
With a population of 1.357 billion (2013)3, China is the most populated country in the world. Along
with the huge population comes a market that is unmatched by any other country of the world. Both
domestic companies and foreign companies want to tap into this large market that just recently
embraced capitalism and entered into the World Trade Organization.
China also provided a labor force that is able to tackle both white–collar and blue–collar job
positions. This made foreign companies rush both monetary and technological resources into China
to utilize the manufacturing and development power. Both Microsoft and Sun have created research
and development centers to implement and design software ... Show more content on
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The counterfeiting went on so that the Asian market's mass population can afford the things that
only the riches can without worrying too much about their expenses. With the technological
advances in multimedia and the Internet, China is seeing a flood of copyright infringements in
optical disk piracies, internet piracy, and other forms of piracy that didn't exist before the computer
and internet. I will address those technical piracies in China in this paper.
Optical disk piracy is the production of optical disks that contain intellectual property that can be
written and accessed from the disk. The copyright infringement of optical disk piracy is affecting
the music industry, the movie industry, and the software industry. Optical disk piracy comes in the
forms of CD, CD–R, DVD, and VCD. The music industry in China has lost an estimate of $600
million in revenues due to CD piracy, with the U.S. companies at $48 million.6 The pirated CDs
either are counterfeited from the original CDs or a mix match of songs put together by the violators.
This is a huge crisis for the domestic music industry with them only seeing a slight rise in revenue
only in 2002.7 Next we have the CDs and CD–Rs that are causing a massive output of pirated
software in China. There are licensed factories in China that actually create these pirated software
CDs along with genuine ones to be sold to the public with the knowledge that they are violating the
rights of the
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Copyright Infringement Essay
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates
one of the copyright owner's exclusive rights, such as the right to reproduce or perform the
copyrighted work, or to make derivative works that build upon it.
For electronic and audio–visual media, unauthorized reproduction and distribution is often referred
to as piracy (however there is no legal basis for this and indeed in one US copyright lawsuit the
judge ordered the plaintiff's legal team to stop using the term). This may occur through organized
black market reproduction and distribution channels, sometimes with blatantly open commercial
sale (as along the sidewalks of Manhattan's notorious Canal Street), or through purely private ...
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Many infringement claims involve simple cases of copyright infringement where the copying is
obvious. Others, however, are more difficult to resolve because copyright protection is not limited to
exact copying. It is inevitable that creative and commercial works will take inspiration from the
culture at large, and it is often challenging to determine when this "inspiration" has crossed the line
into infringement. There also may be a question of whether the allegedly infringed work is even
protected by copyright. Unprotected works may include, for example, compilations of facts that lack
the requisite creativity to be covered by copyright, or those works that are in the public domain
because the copyright term expired.
Copyright notices–often just a simple statement on the work itself of the year protection was
acquired and by whom–are not always a good indication of whether or not a work is protected
because most countries do not require such formalities, and so lack of notice does not mean lack of
protection. Courts may also subsequently decide in the context of an infringement suit that the work
did not meet the minimum criteria for copyright protection, even if the work had been previously
registered by a government copyright agency. However, copyright notices give at least some
indication of who to contact if permission is
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Essay on Exploring Software Piracy
Exploring Software Piracy
Software Piracy refers to the unauthorized use or copying of software. When a user purchases a
software program, he does not purchase the software itself, but the right to use the software. This
right is governed by a licence. When you purchase a boxed software product, you receive a CD,
manuals and a licence agreement. This licence generally allows you to use the software on one
workstation. In the work place, it may be tempting to install this software onto all of your
workstations. Where the user acts in a manner contradictory to the terms of the licence, he has
probably committed software piracy.
Advantages of Piracy:
There are certainly advantages to pirating ... Show more content on Helpwriting.net ...
A major issue is the anonymity we have when we do not need to subscribe with our real ID because
we can never be sure that no third–party people are getting our so called "personal privacy"(how can
we be sure that when we send Microsoft our serial number only, is not receiving some other
personal information also?). And most of the times we all have seen our mailbox full of junk e–
mails and we try to understand how did these people got our e–mail address...
· Profit: Although most software pirates do not profit directly from pirating software, the temptation
to make money by selling illegal programs is strong. All one needs to become a software pirate is a
CD burner, which now cost as little as €100, and the pirate's computer can become a virtual cash
cow. Even selling a pirate cd on the cost of 1/3 of the originals cd price, the profit is really huge.
Especially some technical programs which their cost is not affordable by everyone, it is easier to sell
it even at the 1/5 of the originals cd price and gain a really high profit, concerning time you
"worked" and money you got.
· Experience gained: Many universities give their students the software and the serial number they
use at the university, in order to install it on their computers and get involved learning the software
better, studying the lessons working straight on the software, without buying
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Copyrights in the Music Industry Essay examples
Is important for anyone who has created any intellectual property to protect it. In the music industry,
in order for someone to protect their work, they must obtain a copyright. Music has been around
before anyone could obtain a copyright and when the invention of the computer came along it made
it easier for someone to steal another artist's intellectual property with the help of the internet. This
paper will cover what events have taken a big role in copyright protection for artist, the
consequences if someone was to break the rules of a copyright which is called copyright
infringement, and how will a copyright hold in the future. Were copyrights enacted without the
thought of life changing technology, and how can some music companies ... Show more content on
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Literary work (including newspaper and magazine articles, computer and training manuals,
catalogues, brochures, and print advertisements).
2. Musical works and accompanying words (including advertising jingles).
3. Dramatic works and accompanying music.
4. Pantomimes and choreographic works (including ballets and other forms of dance).
5. Pictorial, graphic, and sculptural works (including cartoons, maps, posters, statues, and even
stuffed animals).
6. Motion pictures and other audiovisual works (including multimedia works).
7. Sound recordings.
8. Architectural works. (Miller & Jentz, 2011, p. 126)
When The Copyright Act of 1976 was enacted works created after January 1, 1978, are
automatically given statutory copyright protection for life of the author plus 70 years. (Miller R. J.,
2011, pp. 125–126) For someone to go against the rules of a copyright this is called a copyright
infringement. A copyright infringement occurs if a substantial part of a copyrighted product has
been reproduced. (Miller R. J., 2011, p. 127) Damages can vary from case to case of copyright
infringement. Based on the type of damage caused it will be classified as actual damages or
statutory damages. Actual damages are based on the harm caused by the copyright holder by the
infringement. (Miller R. J., 2011, p. 127) Statutory damages may not exceed $150,000. Criminal
proceedings may result in fines and/or imprisonment. There is a notable way to waive the copyright
by
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Arguments Against Piracy 451
Piracy 451 Perhaps one of the greatest modern issues concerns piracy and the legality of copyright
infringement imposed upon acts of piracy. There exists a gray area with the laws that regulate cyber
interactions. On one hand, the debate that the act of illegally obtaining copies of work or fiction falls
under fair play. Inversely, the other side portrays the argument that piracy damages revenue and
intellectual progression of artist, directors, and producers. The latter reigns more true in the case of
the American justice system and presents an argument of mutual fairness. Piracy, in all its forms,
should be treated as an illegal and punishable activity. Writers and designers must expose
themselves to the risk of lost royalties due to piracy. ... Show more content on Helpwriting.net ...
One of the more radical pro–piracy viewpoints tries to debunk the activity's monetary impact,
stating that piracy poses growth in the economy. However, unnerving amounts of evidence that
conflict this argument coincide with the music industry. Since the rise of digital piracy, the music
industry consistently acquiesces some of the more menacing losses of revenue. The most alarming
figure reports that in 2005, the estimates of revenue loss hit at least $25.6 billion in "sound
recordings, motion pictures, business software and entertainment software video games."
(Seindenberg) Despite these demoralizing drawbacks, the industry maintains a platform to alleviate
piracy towards music, calling for legal support such as noted by Seindenberg in his description of
their efforts: The recording industry has lots of experience battling file–sharing. Since 1999,
recording companies have sued some 35,000 individuals, as well as Napster, Grokster, LimeWire
and other companies that were making and distributing file–sharing software. Recording companies
won several landmark court rulings, drove file–sharing companies out of business or into new lines
of work, and collected settlements from tens of thousands of people for illegally sharing files.
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The Problem Of Digital Piracy
1.0 Situation Analysis 1.1 Introduction: Digital Piracy refers to the occurrence of unauthorized
copying of digital goods, documents, video and audio without the legal approval of the owners
(Lixuan Zhang & Wayne & William 2009). Software privacy is reported to cost the film industry an
estimated $58 billion per year in the United States alone (Ma et al, 2011.). Sony is a Japanese
multinational corporation, with business in a variety of areas including; consumer and professional
electronics, gaming, music and motion pictures. Piracy of Sony's content is a continuing problem,
and the management team has made various attempts at prosecuting the individuals who pirate. The
management team attempted to deter the individuals pirating, through sending legal letters
threatening action, however this only led to a short term impact. In order to work towards a long
term solution, the management team would like to understand what factors impact a person's
likelihood to download pirated material. 1.2 Problem Statement: Sony have a problem of digital
piracy, which has a multitude of impacts on the company, including huge revenue losses, losses of
jobs, and an overall diminishment on the growth of the software industry (Peace, Galletta and
Thong, 2014). There are a number of factors which contribute towards the intention to commit
digital piracy. These factors include; the age of the individual digitally pirating, the punishment
severity imposed, the perceived behavioral control,
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Digital Piracy And Its Impact On Society Essay
When Game of Thrones premiers to a HBO audience of 10.3 million viewers through legitimate
channels, an additional 4.3 million viewers is estimated to watch the premier illegitimately. These
digital pirates cause quite a controversy for the show`s industry, legitimate viewers, and the show
runners themselves, even. Mixed thoughts, reactions, and even discrepancies in quantitative
numbers shroud the perception and comprehension of modern digital piracy. Examining the culture
of piracy, how and why people pirate content, as well as the legal and industrial components of
piracy can provide a contextualized understanding of piracy in the digital age, and the future of
piracy. Understanding technological and ethical factors that lead to piracy, and legal and industrial
repercussions to digital piracy are essential to navigating a discussion about whether or not piracy
has a great impact on industry or society as a whole. Defining digital piracy is the first and foremost
step towards understanding its role in today's world. For our purposes, looking to Miriam–Webster's
definition of piracy as "the act of illegally copying someone's product or invention without
permission," is an excellent starting point. Theft, by comparison, Miriam Webster defines as
"felonious taking and removing of personal property with the intent to deprive the rightful owner of
it." To contrast theft and piracy, digital piracy does not deprive the rightful owner of the item. With
physical objects,
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Is Poverty A Legitimate Excuse For Software Copying?
In this essay, the question – "Is poverty a legitimate excuse for software copying?" – will be
answered using a dialectic method while also considering the perspective of a utilitarian's
philosophy in addition to deontological ethics. I, myself think that it's fine to copy software. There is
a vigorous debate about whether the concept of poverty is inherently relative to the society in which
someone lives or whether there is an absolute definition of poverty away from any cultural context.
In the late 19th and 20th century, Charles Booth (Booth, 1892) and Seebohm Rowntree (Rowntree,
1901) defined poverty as the lack of sufficient money in order to meet the basic physical needs for
survival. However, Peter Townsend argues that poverty ... Show more content on Helpwriting.net ...
The Pirate Bay and other Torrent Sites). Thirdly – 'software counterfeiting' – otherwise known as the
illegal duplication and selling of copyrighted software. And finally – 'hard disk loading' – the
installation of unauthorised copies of software onto hard disk of computers that acts as incentive for
an end user to buy the hardware from that particular dealer. From a utilitarian's point of view,
copying software is absolutely fine when a person is in poverty as the end justifies the mean.
Although pirating software is illegal, it is not necessarily unethical as it creates positive
consequences not just for the users but also to the company. 57% of the worlds' computer users
confess to pirating or copying software according to a recent survey conducted by the BSA
(Business Software Alliance). The top three countries with the highest piracy rates are Venezuela
(88%), Indonesia (86%) and China (77%). According to the BSA, the commercial value of what the
software industry has lost to theft now hovers around $63.4 billion, up from $58.8 billion in 2010.
They claim one reason for such an increase in stolen software is due to a rise in PC shipments to
developing countries with emerging economies – particularly Asia. Developing countries typically
have a higher piracy rates than countries with matured economies. In
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2.0 Arguments For Software Piracy Essay
2.0 Arguments for software piracy
In economical and ethical terms, they are different arguments used to defend the practice of
Software Piracy. For example, some customers might say purchasing software is expensive so the
computer dealers pirate the software and sell it to the customers for a lower price which consists of a
'bit torrent', this is protecting the customers.
2.1 Cost
As broadband internet technology continues to flourish, the price of software continues to increase.
Some people have the opinion that software costs too much which leads them to pirate software at a
lower price as it is expensive to purchase it commercially [9]. This is beneficial to the people that
suffer financially and don't have a good paid job which is likely to help them with the cost of the
software. Pirating software also comes in handy for the university students as it is not always
available at low cost and most good software costs hundreds to thousands and this is the amount that
students can't afford when it comes to purchasing software such as Microsoft in order to get their
projects and assignments done without money to purchase the original software. Therefore, software
piracy casts significant benefits to those who cannot afford the software at such a great price. With
some consumer software packages costing up to $500, the amount of money saved by pirating is not
negligible [9]. Consumers also believe that manufactures are not hurt by pirates making illegal
copies of their
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Crimes And Copyright Infringement And Illegal File Sharing...
Introduction
All crimes come in different forms. Computer–related crimes are no different ("Most common
schemes: Identity crimes," 2009). In some computer–based crimes, a computer is used to commit
the crime, such as in copyright infringement and illegal file–sharing cases (Volonino, Anzaldua &
Godwin, 2007, p. 67). To best investigate these crimes, an investigator must understand how to
"preserve and authenticate" all electronic evidence that pertains to the case (Volonino, Anzaldua &
Godwin, 2007, p. 67). This training manual will provide an overview of copyright infringement and
illegal file–sharing crimes, as well as explain how to conduct a seizure and search of evidence. In
addition, the manual addresses investigative concerns related to these cases.
Overview of the crime According to Volonino, Anzaldua and Godwin (2007), technological
advances have led to an increase in computer based crimes such as copyright infringement and
illegal file sharing (p. 66). Copyright infringement is defined as "the copying, distribution or sharing
of copyrighted works, including music, videos, and digital copies of textbooks without permission"
("Copyright Infringement and Illegal File Sharing," 2015). A common form of copyright
infringement is software piracy. This is when a person makes unauthorized copies of a software or
music file to share or transfer to other people ("Copyright Infringement Penalties," 2009). Some
legal issues associated with copyright infringement include the
... Get more on HelpWriting.net ...
Copyright Infringement Essay
Copyright Infringement Research Paper We are well into the year of 2011 and technology is
continuing to advance and a faster and faster rate. As technology advances there continues to be
more of an opportunity for things to go wrong. The ability of our society to obtain information has
been becoming as easy as it has ever been. I simple line into the google search bar and you are
looking at millions upon millions of lings and opportunities to attain information. With this source
and hundreds or even thousands of these resources just like it, piracy and copyright issues have
never been more of a problem. And a very serious problem at that. Copyright is defined as a set of
exclusive rights granted to the author or creator of an ... Show more content on Helpwriting.net ...
Hard goods pirates also use the Internet to sell illegally duplicated DVDs through auctions and
websites.While trafficking copyrighted works through increasingly sophisticated electronic means,
such as peer–to–peer file trading networks, Internet chat rooms, and newsgroups, has an ever
increasing negative impact on cultural industries, it is also argued that curtailing this phenomenon
limits the right of access to information, knowledge and culture (4). The problem in trying to
prevent digital copyright infringement is tied up in the problem of regulating the Internet – an
almost impossible feat, considering the World Wide Web today comprises more than 100 million
individual Web sites. Regulators have been severely tried in recent years with the rise of peer–to–
peer networks, with the most infamous being Napster. The brainchild of a 19–year–old college
student, Napster launched in 1999 and revolutionized the way music sharing was conducted online.
However, with such a quick rise to success comes the inevitable problems; in this case, the problems
arose in the form of the Recording Industry Association of America (RIAA) and copyright lawsuits.
While users of Napster saw nothing wrong with sharing music, the RIAA, which represents the four
major music labels, saw the situation quite differently. By late 2000, the courts had ruled that
Napster must restrict access to copyrighted
... Get more on HelpWriting.net ...
The Arguments For And Against Software Piracy And...
What are the arguments for and against Software Piracy and downloading copyrighted material?
Contents Abstract 2 Introduction 2 My reasons for software piracy and downloading copyrighted
material. 2 My reasons against software piracy and downloading copyrighted material. 3 Conclusion
4 Abstract Even though we know that software piracy is illegal, we are aware many people still
download and access this copyrighted material for their personal use on a daily basis. The following
report will weigh up the arguments for and against software piracy. This will give you better
knowledge and understanding in determining: Who's right? The pirates or the government and
businesses? Journals I've read suggest a variety of facts and opinions, of which will be included
below. Introduction In this report, we will be discussing reasoning for and against software piracy
and downloading copyrighted material. Therefore, the parts we discuss are a matter of facts mixed
with opinions. These include e–books, reputable websites, my personal experiences and many other
resources from which I formed my argument. This will not be biased towards either part, therefore
producing a report which is fair and delivers a reputable argument for the question we are going to
discuss. I will outline my reasons for software piracy in the first paragraph, followed by my reasons
against it. I will then give my reasoning to agree with downloading copyrighted material, followed
by
... Get more on HelpWriting.net ...
Article Review : Copy Right Laws
Introduction
Copy right laws I can say is one of the most important aspects of every conceived idea any one
brings up. We can say a copy right is a legal right created by the law of a country that grants the
creator of an original work exclusive rights for its use and distribution. This is usually only for a
limited time. The exclusive rights are not absolute but limited by limitations and exceptions to
copyright law, including fair use. (Google, n.d).Theses laws are very important because they help
ensure that credit is always given to the owner of an information. With all the above said I am in
total agreement that it is very important that's why this paper going to discuss the importance of
copy right laws and some other aspects of ... Show more content on Helpwriting.net ...
Control encourages artists of all disciplines to create original works that enrich public life. American
copyright law came about to benefit the public from the original works of authors.
(Chron (n.d))
Income
On a second note, copyrights are important because it generates income. By assigning the exclusive
right to copy and distribute original works to creators, copyright laws ensure that the holders of the
copyright can earn income from their work. Authors may either sell, rent or license their own works
or give permission to others to use them and collect royalties. Such income allows creators to
continue their activities and produce new works. (Chron (n.d))
Fair Use
Thirdly, copyrights are important because they ensure the fair use of the product. In addition to
establishing what works may be protected and assigning exclusive rights, copyright laws include
fair use as a limitation on copyright. Members of the public may reproduce small sections of a
copyrighted work for the purposes of criticism, teaching, commentary or research. Fair use of
copyrighted material is generally non–commercial, restricted to a small part of the work and limited
to activities that do not substantially affect the commercial value of the work.
Infringement
And last but not the least copyright law are important because they define what constitutes
infringement and specifies the applicable penalties. While infringement by
... Get more on HelpWriting.net ...

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Software Piracy And Its Effects On The Global Economy

  • 1. Software Piracy And Its Effects On The Global Economy Over time, modern–day society has experienced an exponential growth in theft and dishonest behavior. Alongside the development and evolution of technology, individuals are continually strategizing criminal activity of the next generation. More specifically, cybercrime, or a crime committed via the internet or computer network, has gained popularity (Microsoft News Center, 2013). With the click of a button, individuals are able to obtain unlawful copies of software, personal information, identities, and copyrighted content. Widely recognized, software piracy has become an attractive alternative for individuals who do not wish to pay for various types of licensed software or programs. The large population and intelligence of software pirates has hindered the legal process, allowing the majority of offenders to act without retribution. As a result, software piracy has developed a reputation that is misconceived as victimless and harmless. However, the true outcome of software piracy is devastating, affecting millions of employees, businesses, and computer users across the globe (Santillanes & Felder, 2015). With the potential negative impact on the global economy, software piracy is an act of unscrupulous behavior. In fact, software piracy is not a victimless crime, as the outcome of such is absorbed by developers, merchants, and consumers around the world. Developers, or producers of software, work diligently to design cutting–edge software and applications. Highly skilled, ... Get more on HelpWriting.net ...
  • 2. Software Patents and Piracy in China Essay Software Patents and Piracy in China Abstract Software patents raise a lot of issues during the development of IT industry. As a legal action in protecting the ownership and intellectual property, software patents are applied to a wide range of codes, from source code, processes to OS, etc. It "provide exclusive rights to the patent holder to use and profit from the product or process in question." 1 This paper will discuss the general background and effects of software patents. After presenting its current law and situation in China and US, the Microsoft vs. Ju Ren Co. case shows the difference between these two regions. It suggests that enforcing intellectual property still has a long way to go in China. From ethical point of ... Show more content on Helpwriting.net ... Then a patent search will be performed through patent database. After passing the evaluation of the commercial potential of this invention, it will be patented. This patent will then be legally protected by US law. If the patent process is filed in other countries, for example, China, the ownership should also be protected by the local Chinese government. China has achieved great success in economic reform in the last ten years. The increasing foreign investment, especially in high–tech, has made China one of the biggest market for the sale and licensing of IPR products. During the period 1993 to 1997 alone, high–tech related foreign investments in China has reached a total of $185.8 billion.2 However, IPR protection in China is still way behind US. The most common problem is piracy. Software piracy refers to the illegal or unauthorized copying of software. In a sense it is ethical equivalent to pirates' attacking ships in public water. "The International Intellectual Property Alliance estimates that millions of pirated DVDs worth $160 million, and $47 million worth of fake CDs and cassettes were sold in China in 2001,"6 In this paper two cases will be analyzed in ethical and legal perspectives of patent and piracy. Case Study: Pirate CD salesman is arrested The case In Jiangsu Province, the southern part of China, it is not surprising to find pirate ... Get more on HelpWriting.net ...
  • 3. The Influences Of Software Piracy And Copyrighted Material Abstract: In this report, I have discussed arguments "for" and "against" Software Piracy and Copyrighted Material. The purpose of this report was to inform the audience of the influences of Software Piracy and Copyrighted Material, whilst discussing examples in which this has happened in society today. The main points that are mentioned in this report "for" Software Piracy and Copyrighted Material are Economic Impacts, Demand for Software, The Future of Software whilst the "against" arguments include "Risks for consumers and Ethical and Psychological Impacts" I was able to conclude that Pirating software is something that is still regarded as a crime, regardless of whether it may have positive impacts to it or not, however it also ... Show more content on Helpwriting.net ... Software piracy may have been happening for a long time, but it can display variations of positive/negative impacts as stated by Antonio R. Andrés, Rajeev K. Goel (2012). For example, increasing productivity is a positive impact, due to many users eager to program, possibly investing in software or wishing to be involved in software doings. However, it can also present a negative effect as it can decrease productivity alongside affect economic growth. Yet, if a superior amount of piracy can fail to provide for developers, then investments will slow down and economy growth will reduce. On the other hand, piracy can have a good impact in being able to augment growth in many cases that may result in additional investments stimulating the economy; as it can tend to become more predictable. In the figure below, this shows a relation between piracy and economy growth: The figure above shows that the positive constant of piracy, and growth is effective in productivity. Nevertheless, piracy can also lower growth in low revenue homelands, which is something that the government should consider when monitoring the effect of piracy; in their own nations. 1.3 Demand for Software With software piracy tending to cover many influences in society, cultural factors has become a key part. In many cases, one popular factor is software such as video games, as it has a big influence with people having a high demand for video games ... Get more on HelpWriting.net ...
  • 4. The Potential Effectiveness Of The Digital Economy Act tExplain the potential effectiveness of the Digital Economy Act in preventing infringement of copyright. This essay discusses the usefulness of the Digital Economy Act (the 2010 Act) in preventing infringement of copyright. The essay will start off discussing the provisions which imposed ISPs to stop individuals from infringing copyright. Followed by analysing the 2010 Act which caused widespread controversy and outrage in the United Kingdom. Moreover, my intention is to ascertain whether it has been effective since its implementation. Also, I will briefly outline the key provisions relating to infringement of copyright. I will consequently restrict comments to some copyright– related issues, concentrating on peer–to–peer file sharing over the Internet. Thirdly, practical examples will be given to evaluate the DEA. Using legislation, case law and journal articles I will present my findings. Copyright Copyright does not protect the idea but the independent expression of the idea. In contrast to patents, copyright does not create monopolies. Instead, it allows the creator to benefit from the copyright for a period of time and prevent others taking advantage of their efforts. The Copyright Designs and Patents Act stipulates the works which is protected. There are certain requirements which must be met before copyright is granted. Firstly, it must fall into the category of works and must be original. Originality means the intellectual creation comes from the creator and has ... Get more on HelpWriting.net ...
  • 5. Software Piracy And Its Effect Piracy On The End User And... 1.0 Introduction 1.1 What my report is about This report will discuss for and against software piracy, weather it is acceptable to pirate software and the affects piracy has on the end user and businesses. 1.2 What is software piracy? The Oxford Dictionary definition of software is: "The programmes and other operating information used by a computer." (The Oxford English Dictionary, n.d.) Microsoft define software piracy as: "Software piracy is the unauthorized copying, reproduction, use, or manufacture of software products. (Microsoft, n.d.) One can safely assume that software piracy is directly linked to manufacturing, downloading or distributing software without proper licensing. The end counterfeit material is referred to as a "pirate copy". 1.3 Online software piracy Online software piracy is constantly evolving. This evolution is coupled by many challenges – Mainly the financial impact is has the developers of software such as Adobe. It exposes users to a host of unacceptable risks, and ultimately threatens intellectual property rights. This undermines an entire industry and threatens the global economy. As Internet access continues to grow, both the opportunities and challenges associated with its use grow and so does internet–based piracy. Piracy, in general, has grown rapidly. According to the BSA Global Software Survey, the global rate at which PC software was installed without proper licensing rose from 42 percent in 2011 to 43 percent in 2013 (BSA The ... Get more on HelpWriting.net ...
  • 6. The Napster and Grokster Cases: Differences and Similarities Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium's most continuous debates – peer–to–peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court's ruling. According to the text A Gift of Fire, Napster "opened on the Web in 1999 as a service that allowed its users to copy songs in MP3 files from the hard disks of other users" (Baase, 2013, p. 192, Section 4.1.6 Sharing Music: The ... Show more content on Helpwriting.net ... Louis School of Law, "Washington Law Blog", Case Study: A & M Records v. Napster, Inc., para. 1). Napster did not stay in business long after the higher courts ruling. This case was quickly followed by another well–know copyright infringement through free software situation. As John Zelezny's text, Communications Law: Liberties, Restraints, and the Modern Media, notes, "two companies, Grokster and StreamCast Networks, distributed free software that allowed users to share digital files through peer–to–peer networks where personal computers communicated directly with each other and not through a central service" (Communications Law: Liberties, Restraints and the Modern Media, 2011, p. 360). The entertainment industry expressed its displeasure when Metro–Goldwyn Mayer (MGM) and "other film studios, songwriters, music publishers and recording companies filed suit against both Grokster and the StreamCast Network" (Communications Law: Liberties, Restraints and the Modern Media, 2011, p. 360). This landmark case made its way to the hallowed halls of the United States Supreme Court after the higher court granted review of the lower federal courts decision to side with the defendants (Grokster and StreamCast). Thus was born the case MGM v. Grokster, 545 U.S. 913 (2005). The Supreme Court under began hearing arguments in this case in ... Get more on HelpWriting.net ...
  • 7. Software Piracy Essay Software Piracy: A Worldwide Problem Software piracy is defined as the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. Software companies have used many different copy protection schemes. The most annoying form of copy protection is the use of a key disk. This type of copy protection requires the user to insert the original disk every time the program is run. It can be quite ... Show more content on Helpwriting.net ... A rather unique strategy used by American software manufactures helps raise local interest in stopping software piracy. Companies invest money to begin software corporations in foreign countries. After a few years, the US companies hope that the new, foreign companies will initiate their own anti–piracy organizations (Weisband 30). Microsoft has led the venture by creating small software companies to help battle piracy. By doing this, the companies would want to report piracy because they would be losing money just like American companies are doing now (Weisband 33). The Software Publishers Association, based in Washington, D.C., was developed to combat software piracy. As of 1993 the SPA has brought more than 1300 court cases against software pirates. The SPA has a toll–free number that has helped catch many pirates and prosecute them (O' Malley 50). The SPA is not merely a law enforcement agency. It meets twice a year with representatives from software companies. Together they decide how to make their software better and also how to better serve the consumer. In the spring 1993 conference the SPA decided that if software packages could develop a standard way to clearly label a software box, the consumer would immediately know if the program would run well on his computer. This labeling would help reduce the number of software returns in stores (Karnes 4). Since software stores cannot resell returned software, the ... Get more on HelpWriting.net ...
  • 8. Ifsm 304 A1 SOFTWARE PIRACY IFSM 304 Abstract In the various media industries there are extreme worries concerning unauthorized downloading and copying of their products known as piracy. Piracy of items has been part of commerce for centuries; counterfeiting of currency for example. With the information age the ease at which media can be pirated has caused an explosion of this phenomenon. This practice is an illegal act that is done by individuals for personal use and also for profit. The first do not seem to see the issues caused by this practice such as; the spreading of viruses and lower quality products. We will use Reynolds' Seven–Step Ethical Decision Making Approach for the breakdown of the ethical reality of software piracy. ... Show more content on Helpwriting.net ... There are a variety of excuses for justifying the use of such sites to acquire various media such as to test before purchasing, the manufacturer is over charging, and even I am not hurting anyone. The ethical issue is that the perception is that by using pirated software or media is not illegal but they are making the decision to break the law. Facts Unlicensed software use continued to be a major problem in 2013. Indeed, 43 percent of the software installed on PCs around the world was not properly licensed, an uptick from 42 percent in 2011. The commercial value of the unlicensed installations was $62.7 billion. (The Compliance Gap, 2014). As we can see piracy of software and other digital media is a global problem that adversely affects many businesses and the welfare of employees and consumers. According to the Recording Industry Association of America (RIAA), 30 billion songs were illegally downloaded between 2004 and 2009. Even with sites like iTunes and Rhapsody offering legal downloads, peer–to–peer file sharing still exists. Illegally downloading music has had a significant impact on the music industry resulting in a loss of profits and jobs, and changing how music is delivered to the masses. (Adkins, n.d.) Showing that even having the ethically correct option P2P sharing of illegal media is still thriving. The RIAA reports that music sales in the United States have dropped ... Get more on HelpWriting.net ...
  • 9. The Pros And Cons Of Plagiarism With the advent of computer technology and how much we use it as part of our daily lives, there is great opportunity for people to do good while there is also a great opportunity for people use it to benefit themselves at the expense of others. Ethical computing is a set of moral standards, right or wrong, pertaining to the use of a computer. Being morally ethical is being respectful of other computer users and their rights and properties and not using a computer to harm others or commits criminal activity. Although not ethical, technology can allow someone to steal, harm others, invade privacy and other illegal activities on a computer. These activities may benefit the user but harm and damage is being done to the recipient. Plagiarism is a fraudulent act. It is stealing or passing off another person's words or ideas as your own and not crediting the source from which it came. A copyright is a legal right for the maker of anything (music, pictures, books, papers, etc.) to have sole possession to make and sell those products. A copyright infringement is then the illegal production and publication of said goods without the authorization of the original maker. One difference between plagiarism and copyright infringement is whether it is illegal or not. Plagiarism is not illegal according to the law but is more an issue of ethics. Certain vocations or institutions take the policy of plagiarism seriously. Depending on where this plagiarism occurs may determine whether someone may get reprimanded or fired from a job or as severe as getting kicked out of a school or university. A second difference between the two is plagiarism is generally defined as taken someone's ideas and presenting ownership of them as your own without citing the original person. Copyright infringement is using a person's work or intellectual property without their permission. Copyright infringement usually means lost revenue for the copyright holder. You know you are plagiarizing if you steal another person's ideas and pass them off as your without giving the original person citation as the originator of that idea. A person is violating copyright law by using, publishing and/or distributing work you did not create nor have ... Get more on HelpWriting.net ...
  • 10. Robin Hood Research Paper Robin Hood and software pirates, do they have anything in common? Robin Hood and software pirates both take what does not belong to them, then gives it to those who are less fortunate than them. The core principles that Robin Hood follows are the same as software pirates. One difference remains though, Robin Hood's actions are ethical, but software pirates are not ethical. The difference comes from the setting in which each one lives in. Software pirates live in an age of technology, and there are copyright laws and patents for every invention and product on the market. As a result, the actions of software pirates are put under scrutiny whenever they are caught. Software pirates are not unethical people who wish to do damage to the developers ... Show more content on Helpwriting.net ... If the person is your friend or someone the person knows, it is perfectly ethical. It is common for people who do not allow others to use their software to argue "I don't have the rights to the software since I didn't create it" (Chantana). The belief about having no control over the software can be true in certain situations, but it is not always true. If the situation in which a "program is allowed to run on different computers at once" (Haggard) might come up, so it would be perfectly within your rights. In the ethical situation though, the person using the software cannot simply demand it and get access to it. The person is using the owner to a means to end and nothing else. If the two people are friends though, they are each providing each other with a social service, so it would be considered an end to a means. The person would feel better in the end, if they helped their friend out. A friend demanding something of another friend with little warning is putting pressure to say yes to their wants, so they probably would not be friends for long after that. If there was advance warning, then thoughts could be processed and time for alternate solutions could be made. Even if they decide to give their friend software that they have no right distributing, then the action is still an ethical ... Get more on HelpWriting.net ...
  • 11. The Infringement Of The Copyright Infringement 1) Does that forwarding email institute for copyright infringement: The copyright in an email is determined by its content. Forwarding emails is generally not considered to be a breach of copyright, but, one should carefully consider the nature of the content of the email and whether it is appropriate to forward it, as other legal issues, such as privacy and confidentiality, also apply. According to Copyright Act, it considers sending emails as an act of communication, although, the issue with emails is that they are easy to copy and forward to my people. Distribution is normally a restricted right of the copyright owner and to do without the permission of the copyright owner would be a breach of copyright (Darrow & Ferrera, 2007). Fair use occupies half of the copyright law and grants limited right to use other's works, regardless of the approval. The most common remedy for copyright infringement is awarding damages to the copyright owner. 2) Oppose the text–to–speech feature? What markets for your work, if any, might be adversely affected? An audiobook, which is a voice performance of a text by an actor, who is a human being, introduces all the emotional aspects and understate real life signs into the reading to make the story sound alive while being listened (Darrow & Ferrera, 2007). On the other hand, text to speech uses an inhuman computer voice to simply repeat the written text as the imitated spoken word. Thus, reading any book out loud may establish an ... Get more on HelpWriting.net ...
  • 12. Mgm Vs Grokster Case Summary MGM v. Grokster (2005) Supreme Court of the United States Facts: Grokster, Ltd. and another company, StreamCast Networks Inc, created software that allowed users to share electronic files through a series of peer–to–peer networks on computers without using a central server. This software allowed users to share any type of digital file, but most people used the software to share and distribute copyright music and video files without permission of the copyright holders, which was encouraged by the software companies. As a response a group of movie studies and other copyright holders sued Grokster and StreamCast for the infringement on their copyrights, arguing that the software companies were knowingly and intentionally using their software ... Show more content on Helpwriting.net ... Plaintiff Argued: MGM's argument was focused mostly on the fact that Grokster was aware that the users of their software use it primarily to share. And download copyrighted content. Another argument that MGM used was that when the defendant began to distribute their software, they heavily marketed the fact that it could be used to download and share copyrighted content, and beyond even the marketing they would encourage their users to download and share copyrighted content. Defendant Argued: Grokster and StreamCast argued in court that they distributed free software that allowed users to use peer–to–peer networks to distribute and share electronic files. The basis of the argument for the defendants was the Betamax decision (Sony v. Universal City Studios), which set the precedent that making copies of tv shows did not infringe upon a copyright when it was done with the intention of time shifting. They also argued that their peer–to–peer network could by used for things other than copyrighted work like, public domain works and music willingly shared. They also argued that ruling against them would prevent the use of other peer–to–peer software, and thusly would prevent ... Get more on HelpWriting.net ...
  • 13. Piracy and the Internet Essay In the late 1990s, most homes and organizations began to receive Internet access. In correlation, many features became available to Web including the fact that files of any type could be downloaded with ease from any source quickly and often for free. The film and music industries felt that the availability of the Internet was posing a large threat to their business model. It was so easy to obtain a song or even an entire movie clip with a click of a mouse. Software and books could be had for "free" as well. It was a common misconception then that these files were available for the taking without needing to pay for it and also without any worry of penalty. In turn, many otherwise "innocent" individuals would obtain this copyrighted ... Show more content on Helpwriting.net ... These three areas will be the topic of this paper. I.SOFTWARE PIRACY Since the inception of the personal computer, piracy and software has been a problem faced by many software publishers. In the early days of the modern computer, virtually all computers had a floppy drive, and program's executable and library files were seamlessly transferred from the hard drive or the software diskette to a blank floppy disk. Friends and colleagues would then get access to the costly software free–of– charge, or worse, multiple copies would be made of that program to later be sold for a fraction of the retail price, with the publisher seeing none of the money. It was already becoming a problem in the early 1990s, that the Software Publishers Alliance had produced a promotional video, Don't Copy That Floppy, to spread awareness of the implications pertaining to pirating software. A similar promotional video, Don't Copy That 2, was released in 2008 as a reminder, mainly targeting the younger generation and college students. Today, physical copies are still of concern, but the digital copies have many software publishers concerned. As software can cost anywhere from $20 to $2000 or even more, it really adds up quickly as lost profit potential, and digital copies–copies on the Internet–are being made widely available. Many software products contain copy protection, however, many protection methods have been broken. i.How do pirates obtain ... Get more on HelpWriting.net ...
  • 14. Software Piracy And Its Effects On The Global Economy Over time, modern–day society has experienced an exponential growth in theft and dishonest behavior. Alongside the development and evolution of technology, individuals are continually strategizing criminal activity of the next generation. More specifically, cybercrime, or a crime committed via the internet or computer network, has gained popularity (Microsoft News Center, 2013). With the click of a button, individuals are able to obtain unlawful copies of software, personal information, identities, and copyrighted content. Widely recognized, software piracy has become an attractive alternative for individuals who do not wish to pay for various types of licensed software or programs. The large population and intelligence of software pirates ... Show more content on Helpwriting.net ... In an effort to protect the intellectual property of developers, companies place copyright restraints on distributed software and applications. By purchasing programs, computer users contribute to software development, acknowledging and compensating program designers for their work. Computer users who properly purchase software contribute to the salary of developers, revenue of companies, and growth of the economy (Andrés & Goel, 2012). Nonetheless, software pirates avoid paying for software and programs. According to the Microsoft Corporation, end–user fraud, pre– installed software theft, illegal software downloads, software counterfeiting, and online software auctioning are all considered to be forms of software piracy ("How Piracy Affects You," 2015). The ignorance and selfishness of software pirates pose significant risks to software developers, for software companies are often forced to downsize as a result of revenue loss. Innocent developers are eliminated from the workforce as a direct result of illegal software reproduction and distribution. Software pirates jeopardize the employment, salary, and intellectual property rights of developers. In order to combat software piracy, companies will frequently direct the focus of software development to software protection. As a result of changing priorities, companies face substantial additional losses in ... Get more on HelpWriting.net ...
  • 15. Metro-Goldwyn-Mayer Studios Inc. V. Grokster Case Summary Case Assignment # 1 TITLE: Metro–Goldwyn–Mayer Studios Inc. v. Grokster, Ltd FACTS: Grokster and StreamCast Networks distributed a software which allows its users to share and download copyrighted files without authorization. MGM has sued these networks for purposefully allowing a violation to the Copyright Act for their own benefit. DECISION: The District Court ruled in favor of the Grokster and StreamCast, stating that the third party users are to be held liable for infringing the copyrights. MGM appealed and once again the Court of Appeals sided with the previous decision. MGM appeals and the case moves forward to the Supreme Court. ISSUES: Are Grokster and StreamCast to be held liable for infringement of copyrights of MGM through a third party? If so, are other companies such as ... Show more content on Helpwriting.net ... The reasoning behind it is that neither company tried to create some form of filter or a way to avoid the infringing by their users. Also their implementation of advertisements and wrongful advice to their users, knowing the intent of its use for infringement. OPINION: I certainly agree with the final court ruling, the intent to obtain profit from the illegal distribution of copyrighted works is clear. They basically made the infringement easier for people, they gave them the tools and knew what their users could do with them. They used this opportunity to make profit out of advertisement, thinking they could get away with it. QUESTIONS: What is the difference between Sony's Betamax and Grokster software program? For starters, distribution via internet is much quicker and is easily obtainable by many users. Sony's Betamax allows home videotaping, for personal use. On the other hand, Grokster's software allows users to share files through peer–to–peer networks, making it easier for copyrighted works to be illegally ... Get more on HelpWriting.net ...
  • 16. WGU Est1 Task 2 Slide 14 (11) Recommend Steps for H&R Block to Avoid this Type of Situation in the Future Technology and software development is an ever–growing industry. Copyright infringement can be very costly as well as a criminal offense (Lobel, 2015). First, having attorneys that specialize in any copyright laws is critical. The easiest way for H&R Block to avoid violating any copyright infringements is to simply obtain the author's permission, especially when contracting with any third–party vendors. If the company chooses to develop similar software used by other companies avoiding other software's expressed ideas, facts, or another company's expression verbatim will prevent copyright infringement (Bressler & Bressler, 2015). Any software products that are utilized by the public embedding the copyright symbol into the company's work whenever possible can be helpful. Even though the copyright symbol is not legally necessary to protect the work, it probably would discourage others from copyright infringement (Savelyev, 2014). Registering all copywritten work and scanning the internet for offenders is one way to ensure no one else is using a version of the company's software (Lobel, 2015). Keeping updated on all laws also helps avoid ... Show more content on Helpwriting.net ... Confidential also protects both parties who enter into a signed agreement preventing any discussions with third–parties that are not parties of the agreement unless indicated within the agreement (Bressler & Bressler, 2015). Confidentiality in the beginning stages of inventions is imperative. An invention of a product can be patented, unfortunately, without a confidentiality agreement an idea leading to an invention could be stolen and used (Bressler & Bressler, 2015). Without a legal confidentiality agreement, this could hinder and create consequences for the patenting of the invention (Lobel, ... Get more on HelpWriting.net ...
  • 17. Key Facts In The Grokser Case 1. After reading the case on pages 8 & 9 of the text, summarize (brief) the key facts of the case. There is an example of a case brief on page 8 immediately above the case. The brief refers to case 1.1 on the preceding page. Copyright is an exclusive right to make copies and they are protected. There were some key facts in the Grokser case that happened, which were exchanged of copyrighted music, movies, and other digital media over the Internet that caused major issues. According to "Copyright Infringement? Really, Its Just A Little Peer–To–Peer File Sharing," facts shows that Grokser, Ltd., and StreamCast Networks, Inc. distribute free software products that allowed computer users to share electronic files through peer–to–peer networks (Case 1.2, p.8). The Grokster distributed free software that allowed private user to download files without authorization. The universities, the government agencies, corporations, etc mainly used this particular technology. During the case, MGM was able to proved that majority of their files that were shared were copyrighted files. Even though they ... Show more content on Helpwriting.net ... They were not directly liable for any infringement. However, as previously stated they found that the StreamCast and Grokster software were capable of substantially lawful and neither company could be held liable. If you publish anything on computer software it is important that you are legally protected for the copyright law and to make the distributors liable will only make the copyright protection meaningless. There was no knowledge of infringement. According to the United States Supreme Court, "The court also held that Grokster and StreamCast did not materially contribute to their users' infringement because it was the users themselves who searched for, retrieved, and stored the infringing files, with no involvement by the defendants beyond providing the software in the first place" (Souter, Justice, ... Get more on HelpWriting.net ...
  • 18. An Investigation of Software Piracy in China An Investigation of Software Piracy in China – Software Piracy Lacks Ethical Merit "Well, sir, from the sound of it, you've got yourself some pirated software. I'm afraid there's nothing we can do to help you." 1. BSA Statistics 30 1. Introduction Software piracy is a rampant global problem, according to the Seventh Annual Global Software Piracy Study by the Business Software Alliance. The rate of software piracy varies significantly across the world, though no country is without it. Vietnam was rated the largest trouble spot in 2001 with a whopping 94% piracy rate, with China and Indonesia not very far behind (at 92% and 88% respectively). During the early days of personal computing, software piracy was a small problem ... Show more content on Helpwriting.net ... This is a common form of software piracy, but is easy to identify and combat. · Industrial Piracy: This occurs when individuals or groups duplicate and distribute software on a large scale for profit. · Corporate Piracy: Company X purchases one copy of a piece of software, installs it on its network, and then allows employees to put it on any computer. · Reseller Piracy: ABC Computers sells computers with illegal copies of software pre–loaded onto them. · Home Piracy: The original type of software piracy, in which people trade software directly with friends, over bulletin boards or over the web. This form of piracy is very difficult to detect. · The Asian/Pacific regions lead the world in billions of dollars lost due to software piracy. 2.Legal Discourse on Software Piracy 2.1.WTO's Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS)
  • 19. In accordance with its accession to the World Trade Organization in 1999, and to comply with its obligations on copyright protection under the TRIPS Agreement, China has amended its 1991 Copyright Law. In this article the authors set out the 60 provisions of the Chinese law, consolidating the substantial amendments made under the legislation passed in 2001. Out of the 60 provisions, few remain as they were – only 13 in all. The authors conclude that "future evaluations of the level of copyright protection in the PRC should take into consideration where the ... Get more on HelpWriting.net ...
  • 20. Problems Faced By Digital World In a modern world where we have so much technological advancement, cheating or such illegal use of the software puts negative impact on the IT industry and the main impact includes the financial losses and less IT related job. It not only risks the security but also the productivity and legal risks. Security risks can be caused by the malware or spyware present in the pirated software can give out the personal information or the leak the confidential information. The pirated software may prevent the use of all the features of that software or there may be bug present in that software which hinders the productivity because of more time to perform specific task thus leads to frustration. Legal risks can be if a person/organization caught ... Show more content on Helpwriting.net ... Small enterprises who wants to compete in the market uses pirated software. These small startups want make fast profits so, they uses pirated software to make more profit. For small startups major barrier they face is the money. By using these pirated software they make more money by investing money on other things such as "e–commerce storefronts" which results in quick expansions and thus more hiring can be done. To support the local retailers and manufacturers the pirated software is used. For example, there are so many duplicate products in market which are manufactured by local manufacturers, they use local hardwares and pirated software in there products and thus there products are far more cheaper than the original one which encourages the local community to buy these products. This increases the demand of software piracy. Software companies decides software price regardless of location. Companies do not take into account the factors such as living standards, cost of income etc. People in the underdeveloped or developing nations could not able to pay the price of software which encourages more use of pirated softwares in these countries. With less awareness among people that sharing of softwares would benefit the community such as in schools and colleges, students shares the softwares, digital music, videos etc through pirated CD's, DVD's etc. With the ... Get more on HelpWriting.net ...
  • 21. Intellectual Property And Social Property Theft "Stealing is stealing whether you use a computer command or a crowbar, and whether you take documents, data or dollars. It is equally harmful to the victim whether you sell what you have stolen or give it away." – Carmen Ortiz. While some of this statement is true, other parts of it are without merit. There has been much confusion about the Internet and the new problems and questions it brings to the table in terms of the court of law, and how law enforcement should deal with it. Then comes the matter of Intellectual Property, and what it covers and how to integrate it into the justice system. Intellectual Property is a grey area for many people and can also be a very controversial matter. In this paper I will clear up some misconceptions ... Show more content on Helpwriting.net ... Granted, when it comes to Intellectual Property 'theft' the original content creators never lose the product/idea they came up with. All that is 'stolen' is potential revenue which is mostly conjecture and has never really been fully proven. Then the term IP theft does not really apply, it is counted as some form of copyright infringement. Another term that usually comes up is the term Piracy. As the author of the book Software Piracy Exposed puts it, "Piracy is robbery, an infringement of copyright,"(Honick, 3). The Piracy scene needs a lot of involvement from many different people with many different needs. It's much like a symbiotic relationship but between many different people. It works like this: "Crackers have skills that release groups want and release groups have 0– day releases that topsites and dumpsites want," (Honick, 2). There are many terms and names for different things and groups of people, but what it comes down to is different people who specialize in different aspects of the software piracy scene who give and take to and from each other. In an interview with an unnamed hacker, the author of the book asks what he thinks of piracy. The hacker gives his thoughts on why some piracy is okay. "Piracy can be good for software," he says. He goes on to explain how software piracy creates competition, and how "consumers control prices and consumers decide who gets rich," (Honick, 4). He then ... Get more on HelpWriting.net ...
  • 22. Incremental Algorithm For Software Piracy Incremental Algorithm to detect software Piracy By HOSSEN, NAJMUL 13–23860–1 RESEARCH METHODOLOGY(C) ¬¬¬Statement of purpose Now–a–days software is being distributed illegally and most of the people use this pirated software. As this is free to use people are not concern about the quality. The people who pirates the software they cannot buy the software but they just put their names after cracking the software for fame. No update is available for any pirated software. Sometimes fake pirated software can harm people stealing information or spreading viruses. Firstly, I was not concerned about the pirated software when I started using computer first. I searched for full version software and got the cracked software. Downloading this software, I started using that software. Suddenly, one day I saw a news on an online newspaper that cracked software may contain virus and may hijack information from anywhere using the internet. After reviewing that news, I started to search for software piracy over the internet and saw so many articles over there. I noticed some statistics that most of the people use pirated software, windows etc. A research says that around 50 percent people of the world use pirated software. This is a huge number and it is a matter of concern. If persons who work in government sector, defense or any important position in any organization use pirated software, all the internal news, information may be transferred to their opposition and it may ... Get more on HelpWriting.net ...
  • 23. Essay Piracy in China Piracy in China The American Heritage Dictionary defines piracy as "the unauthorized duplication of copyrighted or patented material." It is a problem that affects companies all over the world. Piracy of software, movies, and music is commonplace in China. China has the second worst piracy rate in the world; about 92 percent of the software in China is pirated (Williams 2004). Various companies and governments have attempted to combat piracy, but they had not seen much success until recent years. Combating piracy is a difficult task, especially in a country that has a history of not enforcing intellectual property laws. Piracy costs companies and artists money. Companies spend millions of dollars on research and development to ... Show more content on Helpwriting.net ... Why would it produce the software in the first place? The evolution of technology has made it even easier to pirate media. Anyone with a personal computer can easily duplicate CDs and DVDs at home. People commonly pirate DVDs, video and audio cassettes, and video and audio CDs. The price of the hardware, software, and blank media that is used to pirate is constantly dropping and is readily available to consumers. Cultural practices in general in China support piracy. China has a reputation for having a tolerance for some of the highest piracy rates in the world. "Despite laws and international agreements protecting intellectual property rights, an overwhelming lack of political rules within China allows piracy to rapidly expand" (Rohde 2004). However, it's not just the government that is causing the problem. People seem to believe that piracy is a way of life in China. For instance, an American expatriate that's living in China was quoted in City Weekend Magazine as saying, "I buy rip–off t– shirts, I didn't register with the police to live in my building, and I try to avoid paying tax – but I don't think any of it constitutes fraud. It's just part of life here" (Lusby 2004). People with certain religious beliefs are affected by piracy. For example, one of the Ten Commandments is, "Thou shalt not steal." Most people, however, do not associate piracy with stealing. People believe that buying a pirated DVD or ... Get more on HelpWriting.net ...
  • 24. USA's Copyright Law Copyright Law 1."Copyright law offers copyright holders the exclusive right to reproduce, distribute, and publicly perform copyrighted work" (Carnes). The copyright holder has the authority to govern how the copyrighted material is distributed by giving specific permissions in writing. Without a specific written permission, no one has the rights to distribute or sell the copyrighted work. By selling collections that contain the whole program of the copyrighted material, Software of the Month Club (SOMC) is selling the copyrighted material without permission from the copyright holder, Cybersell Impact, Inc. The claim of endorsing and distributing the shareware as performing a service for the creators infringes the copyright law because of the distributions of the whole program. The copyright laws allow a small portion of copyrighted material to be used for socially beneficial purposes, but not the whole program. And, there was a restriction on the distribution that allowed the sample portion to be distributed without charge to users. The actual charging of the software and the fact of the whole program being distributed violated the copyright laws and the restriction of the copyright holder. The behavior that is being encouraged by the copyright laws and the judges in this case is to treat each other fair and with respect. If the copyright holder gives permission, then it is ok to distribute and sell, depending on what is actually granted in the written permission. By not ... Get more on HelpWriting.net ...
  • 25. Malaysian Piracy Industry Essay Malaysian Piracy Industry Though it isn't the largest or the most lucrative business of its type, the Malaysian software piracy industry is arguably the boldest and most blatant in the world. Despite international pressure, government crackdowns, and attempts by focus groups, the industry survives and flourishes to this day. The purpose of this examination is to reveal what keeps the pirates running, what is being done to curb them, and ethical issues involving the unauthorized duplication and distribution of copyrighted software products in Malaysia. Present Day Facts Before analyzing the ethical aspect of piracy in Malaysia, one must understand the environment in which piracy thrives. Malaysia is a very different place ... Show more content on Helpwriting.net ... Citizens need hardly leave their homes to pick up copies of everything from the latest videos (often for sale weeks or even months before theatrical release) to cutting–edge software applications worth thousands of dollars per copy in the United States. Despite their low price, the discs are of good quality and perfectly functional. Many sellers even offer money–back guarantees. Facts and figures Malaysian software piracy hovers at the 68% mark today. This figure was hailed by the government and international anti–piracy organizations as a great success, considering the 88% rate of just a few years ago. It is estimated that the percentage of local market share consumed by pirated CDs (including music and video) has dropped from 80% in early 2003 to 20% today. The organization in charge of enforcing copyright is the Ministry of Domestic Trade and Consumer Affairs (MDTCA). Most raids by are conducted at the street level, and some 30,000 were done in 2003. One third were reported to be in violation of the law. There are currently 250 anti–piracy officers employed by the organization.[2] In 2000, the losses from software piracy in Malaysia were estimated at $95.5 million.[3] Malaysian Copyright Law Definition of copyright The Malaysian Copyright Act of 1987 establishes
  • 26. ... Get more on HelpWriting.net ...
  • 27. Why Do Kathy Commit Crimes? In this situation Kathy has manipulated copyright protection so she could download music online for free for herself and her friends. She let some of her friends come over and use her home computer to download music from online for free and then Kathy was charged with copyright infringement. Kathy claims ignorance as to the full scope of the law. The question in this situation is did Kathy commit a crime? According to the book on pages 96–97 "Copyright law is probably the most important form of intellectual property protection on the Internet. This is because much of the material on the Internet is copyrighted, and in order to transfer that material online, it must be 'copied'." This means that almost everything online has a copyright so if ... Show more content on Helpwriting.net ... She probably would have got away with downloading the music just for herself, but as soon as she let her friend come to her house and use her computer she sent up a red flag. In the book it talks about the DMCA which is the Digital Millennium Copyright Act. According to the book the Digital Millennium Copyright Act "gives significant protection to owners of copyrights in digital information. The act established civil and criminal penalties for anyone who circumvents (bypasses) encryption software or other technological antipiracy protection." This act also prohibits the sale, import, manufacture, and distribution of devices or services for circumvention. From what I have understood from these past few chapters and the section over copyright I believe that Kathy is violating the Digital Millennium Copyright Act because she is "bypassing" the rule in order to let herself and her friends to get free music that is protected by a copyright law. The Digital Millennium Copyright Act does have exceptions for those that fit the needs of libraries, scientists, universities, and others. Even with these exceptions Kathy is not one that fits under these ... Get more on HelpWriting.net ...
  • 28. Computer Software Piracy and It's Impact on the... Computer Software Piracy and it's Impact on the International Economy The PC industry is over twenty years old. In those twenty years, evolving software technology brings us faster, more sophisticated, versatile and easy–to–use products. Business software allows companies to save time, effort and money. Educational computer programs teach basic skills and complicated subjects. Home software now includes a wide variety of programs that enhance the users productivity and creativity. The industry is thriving and users stand to benefit along with the publishers. The SPA (Software Publishers Association) reports that the problem of software theft has grown, and threatens to prevent the development of new software products. Unauthorized ... Show more content on Helpwriting.net ... For example, many applications are sold in LAN (local area network) versions that allow a software package to be placed on a LAN for access by multiple users. Additionally, permission is given under special license agreement to make multiple copies for use throughout a large organization. However unless these rights are specifically granted, U.S. law prohibits a user from making duplicate copies of software except to ensure one working copy and one archival copy (NERDC Internet). Without authorization from the copyright owner, title 18 of U.S. Code prohibits duplicating software for profit, making multiple copies for use by different users within an organization, downloading multiple copies from a network, or giving an unauthorized copy to another individual. All are illegal and a federal crime. Penalties include fines up to $250, 000 and jail terms up to five years (Title 18, Section 2320 and 2322). Microsoft states that illegal copying of personal computer software is a crucial dilemma both in the United States and over seas. Piracy is widely practiced and widely tolerated, in some countries, legal protection for software is non existent; in others laws are unclear, or not enforced with ... Get more on HelpWriting.net ...
  • 29. Essay about Intellectual Property Rights and the Piracy... Introduction With a population of 1.357 billion (2013)3, China is the most populated country in the world. Along with the huge population comes a market that is unmatched by any other country of the world. Both domestic companies and foreign companies want to tap into this large market that just recently embraced capitalism and entered into the World Trade Organization. China also provided a labor force that is able to tackle both white–collar and blue–collar job positions. This made foreign companies rush both monetary and technological resources into China to utilize the manufacturing and development power. Both Microsoft and Sun have created research and development centers to implement and design software ... Show more content on Helpwriting.net ... The counterfeiting went on so that the Asian market's mass population can afford the things that only the riches can without worrying too much about their expenses. With the technological advances in multimedia and the Internet, China is seeing a flood of copyright infringements in optical disk piracies, internet piracy, and other forms of piracy that didn't exist before the computer and internet. I will address those technical piracies in China in this paper. Optical disk piracy is the production of optical disks that contain intellectual property that can be written and accessed from the disk. The copyright infringement of optical disk piracy is affecting the music industry, the movie industry, and the software industry. Optical disk piracy comes in the forms of CD, CD–R, DVD, and VCD. The music industry in China has lost an estimate of $600 million in revenues due to CD piracy, with the U.S. companies at $48 million.6 The pirated CDs either are counterfeited from the original CDs or a mix match of songs put together by the violators. This is a huge crisis for the domestic music industry with them only seeing a slight rise in revenue only in 2002.7 Next we have the CDs and CD–Rs that are causing a massive output of pirated software in China. There are licensed factories in China that actually create these pirated software CDs along with genuine ones to be sold to the public with the knowledge that they are violating the rights of the ... Get more on HelpWriting.net ...
  • 30. Copyright Infringement Essay Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. For electronic and audio–visual media, unauthorized reproduction and distribution is often referred to as piracy (however there is no legal basis for this and indeed in one US copyright lawsuit the judge ordered the plaintiff's legal team to stop using the term). This may occur through organized black market reproduction and distribution channels, sometimes with blatantly open commercial sale (as along the sidewalks of Manhattan's notorious Canal Street), or through purely private ... Show more content on Helpwriting.net ... Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired. Copyright notices–often just a simple statement on the work itself of the year protection was acquired and by whom–are not always a good indication of whether or not a work is protected because most countries do not require such formalities, and so lack of notice does not mean lack of protection. Courts may also subsequently decide in the context of an infringement suit that the work did not meet the minimum criteria for copyright protection, even if the work had been previously registered by a government copyright agency. However, copyright notices give at least some indication of who to contact if permission is ... Get more on HelpWriting.net ...
  • 31. Essay on Exploring Software Piracy Exploring Software Piracy Software Piracy refers to the unauthorized use or copying of software. When a user purchases a software program, he does not purchase the software itself, but the right to use the software. This right is governed by a licence. When you purchase a boxed software product, you receive a CD, manuals and a licence agreement. This licence generally allows you to use the software on one workstation. In the work place, it may be tempting to install this software onto all of your workstations. Where the user acts in a manner contradictory to the terms of the licence, he has probably committed software piracy. Advantages of Piracy: There are certainly advantages to pirating ... Show more content on Helpwriting.net ... A major issue is the anonymity we have when we do not need to subscribe with our real ID because we can never be sure that no third–party people are getting our so called "personal privacy"(how can we be sure that when we send Microsoft our serial number only, is not receiving some other personal information also?). And most of the times we all have seen our mailbox full of junk e– mails and we try to understand how did these people got our e–mail address... · Profit: Although most software pirates do not profit directly from pirating software, the temptation to make money by selling illegal programs is strong. All one needs to become a software pirate is a CD burner, which now cost as little as €100, and the pirate's computer can become a virtual cash cow. Even selling a pirate cd on the cost of 1/3 of the originals cd price, the profit is really huge. Especially some technical programs which their cost is not affordable by everyone, it is easier to sell it even at the 1/5 of the originals cd price and gain a really high profit, concerning time you "worked" and money you got. · Experience gained: Many universities give their students the software and the serial number they use at the university, in order to install it on their computers and get involved learning the software better, studying the lessons working straight on the software, without buying ... Get more on HelpWriting.net ...
  • 32. Copyrights in the Music Industry Essay examples Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies ... Show more content on Helpwriting.net ... Literary work (including newspaper and magazine articles, computer and training manuals, catalogues, brochures, and print advertisements). 2. Musical works and accompanying words (including advertising jingles). 3. Dramatic works and accompanying music. 4. Pantomimes and choreographic works (including ballets and other forms of dance). 5. Pictorial, graphic, and sculptural works (including cartoons, maps, posters, statues, and even stuffed animals). 6. Motion pictures and other audiovisual works (including multimedia works). 7. Sound recordings. 8. Architectural works. (Miller & Jentz, 2011, p. 126) When The Copyright Act of 1976 was enacted works created after January 1, 1978, are automatically given statutory copyright protection for life of the author plus 70 years. (Miller R. J., 2011, pp. 125–126) For someone to go against the rules of a copyright this is called a copyright infringement. A copyright infringement occurs if a substantial part of a copyrighted product has been reproduced. (Miller R. J., 2011, p. 127) Damages can vary from case to case of copyright infringement. Based on the type of damage caused it will be classified as actual damages or statutory damages. Actual damages are based on the harm caused by the copyright holder by the infringement. (Miller R. J., 2011, p. 127) Statutory damages may not exceed $150,000. Criminal proceedings may result in fines and/or imprisonment. There is a notable way to waive the copyright by ... Get more on HelpWriting.net ...
  • 33. Arguments Against Piracy 451 Piracy 451 Perhaps one of the greatest modern issues concerns piracy and the legality of copyright infringement imposed upon acts of piracy. There exists a gray area with the laws that regulate cyber interactions. On one hand, the debate that the act of illegally obtaining copies of work or fiction falls under fair play. Inversely, the other side portrays the argument that piracy damages revenue and intellectual progression of artist, directors, and producers. The latter reigns more true in the case of the American justice system and presents an argument of mutual fairness. Piracy, in all its forms, should be treated as an illegal and punishable activity. Writers and designers must expose themselves to the risk of lost royalties due to piracy. ... Show more content on Helpwriting.net ... One of the more radical pro–piracy viewpoints tries to debunk the activity's monetary impact, stating that piracy poses growth in the economy. However, unnerving amounts of evidence that conflict this argument coincide with the music industry. Since the rise of digital piracy, the music industry consistently acquiesces some of the more menacing losses of revenue. The most alarming figure reports that in 2005, the estimates of revenue loss hit at least $25.6 billion in "sound recordings, motion pictures, business software and entertainment software video games." (Seindenberg) Despite these demoralizing drawbacks, the industry maintains a platform to alleviate piracy towards music, calling for legal support such as noted by Seindenberg in his description of their efforts: The recording industry has lots of experience battling file–sharing. Since 1999, recording companies have sued some 35,000 individuals, as well as Napster, Grokster, LimeWire and other companies that were making and distributing file–sharing software. Recording companies won several landmark court rulings, drove file–sharing companies out of business or into new lines of work, and collected settlements from tens of thousands of people for illegally sharing files. ... Get more on HelpWriting.net ...
  • 34. The Problem Of Digital Piracy 1.0 Situation Analysis 1.1 Introduction: Digital Piracy refers to the occurrence of unauthorized copying of digital goods, documents, video and audio without the legal approval of the owners (Lixuan Zhang & Wayne & William 2009). Software privacy is reported to cost the film industry an estimated $58 billion per year in the United States alone (Ma et al, 2011.). Sony is a Japanese multinational corporation, with business in a variety of areas including; consumer and professional electronics, gaming, music and motion pictures. Piracy of Sony's content is a continuing problem, and the management team has made various attempts at prosecuting the individuals who pirate. The management team attempted to deter the individuals pirating, through sending legal letters threatening action, however this only led to a short term impact. In order to work towards a long term solution, the management team would like to understand what factors impact a person's likelihood to download pirated material. 1.2 Problem Statement: Sony have a problem of digital piracy, which has a multitude of impacts on the company, including huge revenue losses, losses of jobs, and an overall diminishment on the growth of the software industry (Peace, Galletta and Thong, 2014). There are a number of factors which contribute towards the intention to commit digital piracy. These factors include; the age of the individual digitally pirating, the punishment severity imposed, the perceived behavioral control, ... Get more on HelpWriting.net ...
  • 35. Digital Piracy And Its Impact On Society Essay When Game of Thrones premiers to a HBO audience of 10.3 million viewers through legitimate channels, an additional 4.3 million viewers is estimated to watch the premier illegitimately. These digital pirates cause quite a controversy for the show`s industry, legitimate viewers, and the show runners themselves, even. Mixed thoughts, reactions, and even discrepancies in quantitative numbers shroud the perception and comprehension of modern digital piracy. Examining the culture of piracy, how and why people pirate content, as well as the legal and industrial components of piracy can provide a contextualized understanding of piracy in the digital age, and the future of piracy. Understanding technological and ethical factors that lead to piracy, and legal and industrial repercussions to digital piracy are essential to navigating a discussion about whether or not piracy has a great impact on industry or society as a whole. Defining digital piracy is the first and foremost step towards understanding its role in today's world. For our purposes, looking to Miriam–Webster's definition of piracy as "the act of illegally copying someone's product or invention without permission," is an excellent starting point. Theft, by comparison, Miriam Webster defines as "felonious taking and removing of personal property with the intent to deprive the rightful owner of it." To contrast theft and piracy, digital piracy does not deprive the rightful owner of the item. With physical objects, ... Get more on HelpWriting.net ...
  • 36. Is Poverty A Legitimate Excuse For Software Copying? In this essay, the question – "Is poverty a legitimate excuse for software copying?" – will be answered using a dialectic method while also considering the perspective of a utilitarian's philosophy in addition to deontological ethics. I, myself think that it's fine to copy software. There is a vigorous debate about whether the concept of poverty is inherently relative to the society in which someone lives or whether there is an absolute definition of poverty away from any cultural context. In the late 19th and 20th century, Charles Booth (Booth, 1892) and Seebohm Rowntree (Rowntree, 1901) defined poverty as the lack of sufficient money in order to meet the basic physical needs for survival. However, Peter Townsend argues that poverty ... Show more content on Helpwriting.net ... The Pirate Bay and other Torrent Sites). Thirdly – 'software counterfeiting' – otherwise known as the illegal duplication and selling of copyrighted software. And finally – 'hard disk loading' – the installation of unauthorised copies of software onto hard disk of computers that acts as incentive for an end user to buy the hardware from that particular dealer. From a utilitarian's point of view, copying software is absolutely fine when a person is in poverty as the end justifies the mean. Although pirating software is illegal, it is not necessarily unethical as it creates positive consequences not just for the users but also to the company. 57% of the worlds' computer users confess to pirating or copying software according to a recent survey conducted by the BSA (Business Software Alliance). The top three countries with the highest piracy rates are Venezuela (88%), Indonesia (86%) and China (77%). According to the BSA, the commercial value of what the software industry has lost to theft now hovers around $63.4 billion, up from $58.8 billion in 2010. They claim one reason for such an increase in stolen software is due to a rise in PC shipments to developing countries with emerging economies – particularly Asia. Developing countries typically have a higher piracy rates than countries with matured economies. In ... Get more on HelpWriting.net ...
  • 37. 2.0 Arguments For Software Piracy Essay 2.0 Arguments for software piracy In economical and ethical terms, they are different arguments used to defend the practice of Software Piracy. For example, some customers might say purchasing software is expensive so the computer dealers pirate the software and sell it to the customers for a lower price which consists of a 'bit torrent', this is protecting the customers. 2.1 Cost As broadband internet technology continues to flourish, the price of software continues to increase. Some people have the opinion that software costs too much which leads them to pirate software at a lower price as it is expensive to purchase it commercially [9]. This is beneficial to the people that suffer financially and don't have a good paid job which is likely to help them with the cost of the software. Pirating software also comes in handy for the university students as it is not always available at low cost and most good software costs hundreds to thousands and this is the amount that students can't afford when it comes to purchasing software such as Microsoft in order to get their projects and assignments done without money to purchase the original software. Therefore, software piracy casts significant benefits to those who cannot afford the software at such a great price. With some consumer software packages costing up to $500, the amount of money saved by pirating is not negligible [9]. Consumers also believe that manufactures are not hurt by pirates making illegal copies of their ... Get more on HelpWriting.net ...
  • 38. Crimes And Copyright Infringement And Illegal File Sharing... Introduction All crimes come in different forms. Computer–related crimes are no different ("Most common schemes: Identity crimes," 2009). In some computer–based crimes, a computer is used to commit the crime, such as in copyright infringement and illegal file–sharing cases (Volonino, Anzaldua & Godwin, 2007, p. 67). To best investigate these crimes, an investigator must understand how to "preserve and authenticate" all electronic evidence that pertains to the case (Volonino, Anzaldua & Godwin, 2007, p. 67). This training manual will provide an overview of copyright infringement and illegal file–sharing crimes, as well as explain how to conduct a seizure and search of evidence. In addition, the manual addresses investigative concerns related to these cases. Overview of the crime According to Volonino, Anzaldua and Godwin (2007), technological advances have led to an increase in computer based crimes such as copyright infringement and illegal file sharing (p. 66). Copyright infringement is defined as "the copying, distribution or sharing of copyrighted works, including music, videos, and digital copies of textbooks without permission" ("Copyright Infringement and Illegal File Sharing," 2015). A common form of copyright infringement is software piracy. This is when a person makes unauthorized copies of a software or music file to share or transfer to other people ("Copyright Infringement Penalties," 2009). Some legal issues associated with copyright infringement include the ... Get more on HelpWriting.net ...
  • 39. Copyright Infringement Essay Copyright Infringement Research Paper We are well into the year of 2011 and technology is continuing to advance and a faster and faster rate. As technology advances there continues to be more of an opportunity for things to go wrong. The ability of our society to obtain information has been becoming as easy as it has ever been. I simple line into the google search bar and you are looking at millions upon millions of lings and opportunities to attain information. With this source and hundreds or even thousands of these resources just like it, piracy and copyright issues have never been more of a problem. And a very serious problem at that. Copyright is defined as a set of exclusive rights granted to the author or creator of an ... Show more content on Helpwriting.net ... Hard goods pirates also use the Internet to sell illegally duplicated DVDs through auctions and websites.While trafficking copyrighted works through increasingly sophisticated electronic means, such as peer–to–peer file trading networks, Internet chat rooms, and newsgroups, has an ever increasing negative impact on cultural industries, it is also argued that curtailing this phenomenon limits the right of access to information, knowledge and culture (4). The problem in trying to prevent digital copyright infringement is tied up in the problem of regulating the Internet – an almost impossible feat, considering the World Wide Web today comprises more than 100 million individual Web sites. Regulators have been severely tried in recent years with the rise of peer–to– peer networks, with the most infamous being Napster. The brainchild of a 19–year–old college student, Napster launched in 1999 and revolutionized the way music sharing was conducted online. However, with such a quick rise to success comes the inevitable problems; in this case, the problems arose in the form of the Recording Industry Association of America (RIAA) and copyright lawsuits. While users of Napster saw nothing wrong with sharing music, the RIAA, which represents the four major music labels, saw the situation quite differently. By late 2000, the courts had ruled that Napster must restrict access to copyrighted ... Get more on HelpWriting.net ...
  • 40. The Arguments For And Against Software Piracy And... What are the arguments for and against Software Piracy and downloading copyrighted material? Contents Abstract 2 Introduction 2 My reasons for software piracy and downloading copyrighted material. 2 My reasons against software piracy and downloading copyrighted material. 3 Conclusion 4 Abstract Even though we know that software piracy is illegal, we are aware many people still download and access this copyrighted material for their personal use on a daily basis. The following report will weigh up the arguments for and against software piracy. This will give you better knowledge and understanding in determining: Who's right? The pirates or the government and businesses? Journals I've read suggest a variety of facts and opinions, of which will be included below. Introduction In this report, we will be discussing reasoning for and against software piracy and downloading copyrighted material. Therefore, the parts we discuss are a matter of facts mixed with opinions. These include e–books, reputable websites, my personal experiences and many other resources from which I formed my argument. This will not be biased towards either part, therefore producing a report which is fair and delivers a reputable argument for the question we are going to discuss. I will outline my reasons for software piracy in the first paragraph, followed by my reasons against it. I will then give my reasoning to agree with downloading copyrighted material, followed by ... Get more on HelpWriting.net ...
  • 41. Article Review : Copy Right Laws Introduction Copy right laws I can say is one of the most important aspects of every conceived idea any one brings up. We can say a copy right is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. (Google, n.d).Theses laws are very important because they help ensure that credit is always given to the owner of an information. With all the above said I am in total agreement that it is very important that's why this paper going to discuss the importance of copy right laws and some other aspects of ... Show more content on Helpwriting.net ... Control encourages artists of all disciplines to create original works that enrich public life. American copyright law came about to benefit the public from the original works of authors. (Chron (n.d)) Income On a second note, copyrights are important because it generates income. By assigning the exclusive right to copy and distribute original works to creators, copyright laws ensure that the holders of the copyright can earn income from their work. Authors may either sell, rent or license their own works or give permission to others to use them and collect royalties. Such income allows creators to continue their activities and produce new works. (Chron (n.d)) Fair Use Thirdly, copyrights are important because they ensure the fair use of the product. In addition to establishing what works may be protected and assigning exclusive rights, copyright laws include fair use as a limitation on copyright. Members of the public may reproduce small sections of a copyrighted work for the purposes of criticism, teaching, commentary or research. Fair use of copyrighted material is generally non–commercial, restricted to a small part of the work and limited to activities that do not substantially affect the commercial value of the work. Infringement And last but not the least copyright law are important because they define what constitutes infringement and specifies the applicable penalties. While infringement by ... Get more on HelpWriting.net ...