Intellectual Property Rights: From Theory to Practical Implementation

Intellectual Property Rights: From Theory to Practical Implementation

Richard A. Spinello (Boston College, USA) and Herman T. Tavani (Rivier College, USA)
DOI: 10.4018/978-1-59904-762-1.ch002
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Abstract

This chapter presents some foundational concepts and issues in intellectual property. We begin by defining intellectual objects, which we contrast with physical objects or tangible goods. We then turn to some of the normative justifications that have been advanced to defend the granting of property rights in general, and we ask whether those rationales can be extended to the realm of intellectual objects. Theories of property introduced by Locke and Hegel, as well as utilitarian philosophers, are summarized and critiqued. This sets the stage for reviewing the case against intellectual property. We reject that case and claim instead that policy makers should aim for balanced property rights that avoid the extremes of overprotection and underprotection. Next we examine four different kinds of protection schemes for intellectual property that have been provided by our legal system: copyright laws, patents, trademarks, and trade secrets.This discussion is supplemented with a concise review of recent U.S. legislation involving copyright and digital media and an analysis of technological schemes of property protection known as digital rights management. Finally, we consider a number of recent controversial court cases, including the Napster case and the Microsoft antitrust suit. Many of the issues and controversies introduced in this chapter are explored and analyzed in greater detail in the subsequent chapters of this book.

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Table of Contents
Acknowledgment
Hideyasu Sasaki
Chapter 1
Hideyasu Sasaki, Yasushi Kiyoki
In this chapter, we present a formulation for protecting digital library as intellectual property, especially image digital library. The entire... Sample PDF
Digital Library Protection Using Patent of Retrieval Process
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Chapter 2
Richard A. Spinello, Herman T. Tavani
This chapter presents some foundational concepts and issues in intellectual property. We begin by defining intellectual objects, which we contrast... Sample PDF
Intellectual Property Rights: From Theory to Practical Implementation
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Chapter 3
Shiguo Lian
The principal concern of this chapter is to provide those in the multimedia or content protection community with an overview of multimedia content... Sample PDF
Multimedia Encryption Technology for Content Protection
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Chapter 4
Mirko Luca Lobina, Luigi Atzori, Davide Mula
Many audio watermarking techniques presented in the last years make use of masking and psychological models derived from signal processing. Such a... Sample PDF
Masking Models and Watermarking: A Discussion on Methods and Effectiveness
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Chapter 5
Kensuke Naoe, Yoshiyasu Takefuji
In this chapter, we propose a new information hiding and extracting method without embedding any information into the target content by using a... Sample PDF
Damageless Watermark Extraction Using Nonlinear Feature Extraction Scheme Trained on Frequency Domain
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Chapter 6
Mauro Barni, Franco Bartolini, Alessia De Rosa
The idea of embedding some information within a digital media, in such a way that the inserted data are intrinsically part of the media itself, has... Sample PDF
Perceptual Data Hiding in Still Images
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Chapter 7
Yuh-Jzer Joung, Shi-Cho Cha
We propose a new technical and legal approach, called online personal data licensing (OPDL), for responding to concerns about the privacy of... Sample PDF
Online Personal Data Licensing: Regulating Abuse of Personal Data in Cyberspace
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Chapter 8
Giaime Ginesu, Mirko Luca Lobina, Daniele D. Giusto
Authentication is the way of identifying an individual. The techniques used to accomplish such practice strongly depend on the involved parties... Sample PDF
Property Protection and User Authentication in IP Networks Through Challenge-Response Mechanisms: Present, Past, and Future Trends
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Chapter 9
Jun Sasaki, Hiroaki Shimomukai, Yutaka Funyu
The mobile Internet has been used widely in Japan. If we use a cellular phone with the Quick Response (Q-R) code reader function (a two-dimensional... Sample PDF
Q-R Code Combined with Designed Mark
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Chapter 10
Kimihito Ito, Yuzuru Tanaka
Web applications, which are computer programs ported to the Web, allow end-users to use various remote services and tools through their Web... Sample PDF
Visual Environment for DOM-Based Wrapping and Client-Side Linkage of Web Applications
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Chapter 11
Ruo Ando, Yoshiyasu Takefuji
Code division multiple access (CDMA) is widely used because of its effectiveness to send multiple signal and confidentiality of career signal. We... Sample PDF
Symbolic Computation for DS-CDMA Code Acquisition Using First Order Logic
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Chapter 12
Yoshiyasu Takefuji, Koichiro Shoji, Takashi Nozaki
In this chapter, we present a device-driver-based computer that realizes the reduction of mode (domain or vertical) switching overheads between user... Sample PDF
Device Driver-Based Computer in Broadband Age
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Chapter 13
Natalie Pang
In recent years, impacts of information and communication technologies, market enclosures, and the struggle to retain public goods have had... Sample PDF
Cultivating Communities Through the Knowledge Commons: The Case of Open Content Licenses
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Chapter 14
Suliman Al-Hawamdeh, Shubert Foo
Until recently, digital libraries have provided free access to either limited resources owned by an organization or information available in the... Sample PDF
E-Commerce and Digital Libraries
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Chapter 15
Knut Blind, Nikolaus Thumm
This chapter presents the first attempt at analyzing the relationship between strategies to protect intellectual property rights and their impact on... Sample PDF
Intellectual Property Protection and Standardization
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Chapter 16
Marc Rysman, Tim Simcoe
This chapter uses citations to patents disclosed in the standard setting process to measure the technological significance of voluntary standard... Sample PDF
The Performance of Standard Setting Organizations: Using Patent Data for Evaluation
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Chapter 17
Aura Aoininen
Multiple cases have been reported in which patents have posed dilemmas in the context of cooperative standard setting. Problems have come to the... Sample PDF
Patents and Standards in the ICT Sector: Are Submarine Patents a Substantive Problem or a Red Herring?
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Chapter 18
Davide Mula, Mirko Luca Lobina
Nowadays the Web page is one of the most common medium used by people, institutions, and companies to promote themselves, to share knowledge, and to... Sample PDF
Legal Protection of the Web Page as a Database
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Chapter 19
Merrill Warkentin, Mark B. Schmidt, Ernest Bekkering
In the digital environment, steganography has increasingly received attention over the last decade. Steganography, which literally means “covered... Sample PDF
Steganography and Steganalysis
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Chapter 20
Irene Kafeza, Eleanna Kafeza
The Grid environment is rapidly emerging as the dominant paradigm for wide-area-distributed application systems. The multimedia applications demand... Sample PDF
Intellectual Property Protection in Multimedia Grids
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Chapter 21
Ruo Ando, Yoshiyasu Takefuji
With the rapid advance in digital network, digital libraries, and particularly WWW (World Wide Web) services, we can retrieve many kinds of images... Sample PDF
Secure Image Archiving Using Novel Digital Watermarking Techniques
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About the Contributors