2
7/23/2019 Copyright Law Week 4 http://slidepdf.com/reader/full/copyright-law-week-4 1/2 Sometimes living in the United States, it is like living in a bubble, but this only applies to sometimes. Of course we have access to international issues and we are very aware of what is going on in our surroundings but when a person thinks of the companies they do not think of it as international. Everything is protected by the American laws, such as the copyright laws but again, it is not what they think it is. “an independent step by a country, such as the United States, to protect its citizens from foreign pirating activities. It is a law or measure designed to protect business within the national borders” ( urgunder !"##, p!$%. It is comple& enough to have laws contradict each other when it is state versus federal but when it for the laws to be international everything is now more complicated.  There is an eample where, in a hypothetical international contet, Thailand if there were copies of !icrosoft ecel to be copied and distributed within the country there is nothing, essentially, that United States can do unless they decided to import the copies of this software into the country. "ow if #!icrosoft discovers a distributer in Seattle, $ashington, reselling the pirated software, !icrosoft could bring suit against that distributer in the federal trial %&urgunder '()) p'*+. "ow it gets more complicated when American products get pirated in another country. Original thoughts and inventions are something that are worth something more than ust pro-t, they mean innovation. t is something that needed to be protected since anyone can come visit the United States and take the idea back into their country, mimic it, and sell it. There was one instance where in /hina it was discovered that #/hina was the worlds0 leading eporter of pirated optical media products, such as /1s, video disks, /123O!s containing software and video games4 %&urgunder '()) p'5+. This is a problem because the US lost much pro-t on these products. t was di6cult because although the United States can claim that it is their stu7, they can not enforce the intellectual laws of this nation to another country. The UST3 started to threaten /hina on tari7s on /hina. /hina recogni8ed the potential toic situation and tried to comply to the intellectual laws. t was reported by the UST3, who was closely monitoring /hina, noting that #/hinese shut down numerous /1 production lines and has undertaken measures to reduce eports of pirated intellectual property products %&urgunder '()) p '5+. nternational laws are now become more e7ective in regulating the intellectual laws between countries in di7erent countries. There was a time #the situation involves the application of the US law to a foreign internet site, raising substantial outrage on both side of the Atlantic4 %&urgunder '()) p9:+. The Adobe Systems created a new software where digital books could be digitally downloaded from the website and are able to read it wherever you are. This software was able to share the books and #allowed publishers to control how customers used their works by scrambling the content of books so that they could be read only by the e&ook reader under condition speci-ed by the publisher4 %&urgunder '()) p 9:+. t was a uni;ue idea that allowed the publisher to really interact with the readers and give them the more content that they want. A 3ussian computer programmer, 1mitri Skylarov took this idea and wrote it up to ElcomSoft0s advanced e&ook <rocessor.  This software was something copied from the Adobe Systems and it was something that United States really could not -ght. &ut there is always a loophole in a situation.

Copyright Law Week 4

Embed Size (px)

Citation preview

Page 1: Copyright Law Week 4

7/23/2019 Copyright Law Week 4

http://slidepdf.com/reader/full/copyright-law-week-4 1/2

Sometimes living in the United States, it is like living in a bubble, but this only

applies to sometimes. Of course we have access to international issues and we are

very aware of what is going on in our surroundings but when a person thinks of the

companies they do not think of it as international. Everything is protected by the

American laws, such as the copyright laws but again, it is not what they think it is.“an independent step by a country, such as the United States, to protect its citizens from foreign pirating

activities. It is a law or measure designed to protect business within the national borders” ( urgunder

!"##, p!$%. It is comple& enough to have laws contradict each other when it is state versus federal but

when it for the laws to be international everything is now more complicated.

 There is an eample where, in a hypothetical international contet, Thailand if 

there were copies of !icrosoft ecel to be copied and distributed within the country

there is nothing, essentially, that United States can do unless they decided to

import the copies of this software into the country. "ow if #!icrosoft discovers a

distributer in Seattle, $ashington, reselling the pirated software, !icrosoft could

bring suit against that distributer in the federal trial %&urgunder '()) p'*+. "ow it

gets more complicated when American products get pirated in another country.

Original thoughts and inventions are something that are worth somethingmore than ust pro-t, they mean innovation. t is something that needed to be

protected since anyone can come visit the United States and take the idea back into

their country, mimic it, and sell it. There was one instance where in /hina it was

discovered that #/hina was the worlds0 leading eporter of pirated optical media

products, such as /1s, video disks, /123O!s containing software and video games4

%&urgunder '()) p'5+. This is a problem because the US lost much pro-t on these

products. t was di6cult because although the United States can claim that it is

their stu7, they can not enforce the intellectual laws of this nation to another

country. The UST3 started to threaten /hina on tari7s on /hina. /hina recogni8ed

the potential toic situation and tried to comply to the intellectual laws. t was

reported by the UST3, who was closely monitoring /hina, noting that #/hinese shutdown numerous /1 production lines and has undertaken measures to reduce

eports of pirated intellectual property products %&urgunder '()) p '5+.

nternational laws are now become more e7ective in regulating the

intellectual laws between countries in di7erent countries. There was a time #the

situation involves the application of the US law to a foreign internet site, raising

substantial outrage on both side of the Atlantic4 %&urgunder '()) p9:+. The Adobe

Systems created a new software where digital books could be digitally downloaded

from the website and are able to read it wherever you are. This software was able to

share the books and #allowed publishers to control how customers used their works

by scrambling the content of books so that they could be read only by the e&ook

reader under condition speci-ed by the publisher4 %&urgunder '()) p 9:+. t was a

uni;ue idea that allowed the publisher to really interact with the readers and give

them the more content that they want. A 3ussian computer programmer, 1mitri

Skylarov took this idea and wrote it up to ElcomSoft0s advanced e&ook <rocessor.

 This software was something copied from the Adobe Systems and it was something

that United States really could not -ght. &ut there is always a loophole in a

situation.

Page 2: Copyright Law Week 4

7/23/2019 Copyright Law Week 4

http://slidepdf.com/reader/full/copyright-law-week-4 2/2

1mitri came to the United States on the behalf on the 3ussian /ompany to

give a speech at a convention. 3ight after his speech, the =& arrested him and took

him to ail for #alleging that he along with ElcomSoft violated the 1!/A by

developing and distributing the Advanced e&ook <rocessor4 %alsdf+. Again this is an

instance where another country was taking a program that was created for the

United States but again there was nothing that they could really do unless they are

on American soil. The 1!/A was created by the United States government to

protect the distribution and the creation of digital programs. This program, was

essentially, stolen and that is why they took 1mitri to ail when he came on

American Soil. >e was later freed and ElcomSoft #prevailed in the criminal

prosecution because the government failed to prove beyond a reasonable doubt

that the company intended to violate the US law %&urgunder '()) p95+.

Once again, 0m going to bring up the word complicated to describe these

laws but it does not seem that complicated once the international violators stay

away from American soil. Section ??: focuses on the importation of products that

are coming into the /ountry that was #stolen.4 As long of the products are not

brought back the United States and sold for pro-t then there is really nothing thatthe government can do to stop the selling of the products. There are factors in

choosing what is targeted by the Section ??:. The <rimary target is imports and

importers. They people who bring the stu7 over to sell are at e;ual blame as those

who are making the products and selling them in the United States. Once they know

who they are #targeting4 they are going to make a complaint, issue an

investigation, and then make a federal court case. After the court case, if the -rm

dictates that they are guilty or not guilty, they can enforce in federal court and ask

for monetary penalties. This is a great Section because it could cost a company a

huge pro-t loss simply because someone is making a product that is already made

and this article allows for investigation for the international trade.

$ork /ited

urgunder, 'ee . Legal Aspects of Managing Technology . ason, )*+ South-estern engage

'earning, !"##. $#$. /rint.