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: 10.4018/978-1-59140-576-4.ch001
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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
John J. Neuhauser
Richard A. Spinello, Herman T. Tavani
Chapter 1
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
Chapter 2
Kai Kimppa
This chapter offers a new view on how justifiable the current liberalist view on intellectual property rights (IPRs) in software actually is if... Sample PDF
Intellectual Property Rights in Software-Justifiable from a Liberalist Position? Free Software Foundation's Position in Comparison to John Locke's Concept of Property
Chapter 3
Michael J. Scanlan
This chapter considers certain features of Locke’s account in Chapter V of his Second Treatise concerning how a natural right of ownership can arise... Sample PDF
Locke and Intellectual Property Rights
Chapter 4
Thomas M. Powers
The distinction in U.S. copyright law between ideas and their expressions is of particular importance in protecting software. In literary works and... Sample PDF
Ideas, Expressions, Universals, and Particulars: Metaphysics in the Realm of Software Copyright Law
Chapter 5
Ann Bartow
A judicial determination of “likelihood of confusion” is the linchpin of successful trademark infringement actions in the United States, and is... Sample PDF
Exporting Trademark Confusion
Chapter 6
Dan Burk
This chapter examines the relationship between hypermedia and feminist discourse, critiquing the role of copyright in controlling or suppressing... Sample PDF
Feminism and Copyright in Digital Media
Chapter 7
Herman T. Tavani
This chapter critically examines current copyright protection schemes that apply to digital information. We begin with a brief examination of the... Sample PDF
Recent Copyright Protection Schemes: Implications for Sharing Digital Information
Chapter 8
Richard A. Spinello
This chapter considers the theme of trespass in cyberspace. In order to prevent unauthorized use of their data several U.S. companies have hastily... Sample PDF
Trespass and Kyosei in Cyberspace
Chapter 9
Elizabeth Buchanan, James Campbell
This chapter explores the growing threats to intellectual freedom through the loss of the information commons in the U.S. as a direct result of... Sample PDF
New Threats to Intellectual Freedom: The Loss of the Information Commons through Law and Technology in the US
Chapter 10
Melanie J. Mortensen
The debate in Canada that occurred prior to the amendment of the Copyright Act regarding the regulation of television retransmission on the Internet... Sample PDF
Would Be Pirates: Webcasters, Intellectual Property, and Ethics
About the Authors