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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.
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.