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Copyright Infringement Lawsuit
Who are in Copyright Infringement Lawsuits?
A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ‘borrowing’ information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ‘sampling’ a song to make another, or maybe a person reselling mp3s online.
When you understand the implications of it, copyright infringement lawsuits aren’t frivolous as some people may make it seem. For the most part, the average person’s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email.
The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it’s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn’t a large backing legal team.
Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it’s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn’t come to an agreement – then they filed suit.
Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal’s rules. It’s worked out well thus far, and I think with an agreement in place ‘user created content’ will retain a destination on the internet.
This is a testament we all need to be with social networking sites and ‘user created content.’ We need to watch ourselves, because many times we may not realize the veracity of our actions.
Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software – from Windows to Photoshop to The Sims. It’s very easy to share peer-to-peer, and because of that, people can resell ‘pirated’ for a high price – all profit. Or they’ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties – with both copyright infringement lawsuits and criminal cases. They’ll pay a hefty fine and go to jail.
As you can see, copyright infringement lawsuits can affect any one of us – from our friends on MySpace to our employer, to the computer geek down the street. It’s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won’t be involved in a major copyright infringement lawsuit, but you still need to ensure you’re following the copyright rules of engagement.
Copyright infringement lawsuits are important in determining what is, and isn’t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn’t fair – and these organizations have helped the masses to understand what’s so important about copyright, and why we need to defend our freedom of speech.
How to copyright software How to Copyright Software Sanely If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think. Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you. Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation. To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others. Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier. The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents. If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before. Staying Computer Safe while Searching for Freebies on the Net Who doesn’t love the idea of getting something for nothing? Free stuff can bring a smile to anyone’s face, and the Internet is destination number one when you are looking for cash in on a few freebies. The downside of free stuff online is that if you aren’t careful, the free item could end up causing plenty of headaches and heartaches, not to mention a lot of cold, hard cash. If you want to score with free stuff online, make safety your number one priority by following these tips. First and foremost, treat your personal information like its cash. That might sound a little dramatic, but anyone who manages to steal your identity online is after one thing, and one thing only, your money and any addition money they can grab by cashing in on your credit. Protecting your name, address, credit card number, bank account number, phone number, social security number, and so on and so forth when you are registering for free offers is the first step to making sure you don’t get hustled when you’re just trying to enjoy a good freebie. That means that if you are asked for some personal information that you don’t feel comfortable handing out, let the freebie go. Likewise, make sure the site from which you are getting your free stuff has a privacy policy and that you know it, understand it, and can live with it. Speaking of that site that is handing out the free goods: just who are these people? If you were walking down the street and a shady looking person said they would give you a free DVD player if you followed them, chances are you would run the other way. Online, it is hard to tell the legitimate people from the people looking at you like a free lunch, but there are a few red flags you can look out for. Does the website look like it was thrown up in about 5 minutes, full of clip art and bad spelling? Is it hard to find information about where the website is registered, or where the business the website is supposedly promoting is registered? If the website purports to be affiliated with a certain brand you know, does it really look like it is, or does the logo look different/colors look off? If you can’t get a reasonable feel for who are dealing with online, don’t deal with them. Red flag number one? Asking for too much personal info should send you running. Another way to protect yourself is to build a virtual fortress around your computer. The net is filled with people who know how to walk right into your virtual home – your computer – and flip through everything you have on there, taking whatever they want. Many of these kinds of hackers draw you in by creating phony freebie websites. The way to keep them out is to keep your computer on lockdown. Make sure your firewall is stronger than you think it needs to be, and make sure it is always updated. Also, make sure you have antivirus software on the patrol for you and that you keep this software updated as well. Last but not least, keep those passwords in the vault, and make sure they are extra strong. No freebie website has any reason to ask you about the passwords for your accounts so don’t give them away – and don’t give them to anyone else online for that matter. Also, if you’re using your birthday or child’s name as password, don’t. Sure, it isn’t as easy to remember, but your password should be a random word and contain a collection of numbers and symbols as well. This will give you the extra layer of protection to make sure your online house is in order when you cash in on the freebies. |