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Friday, 7 December 2012

Intellectual Property Rights in a Global Market An IP Survey by Burleson Consulting

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Intellectual Property Rights in a Global Market

An IP Survey by Burleson Consulting

This is a WORK IN PROGRESS and not yet completed.

Enforcing copyright and patents has always been expensive and time consuming, and the internet has added a whole new layers of expense, as enforcement of intellectual property (IP) rights across a global jurisdiction can be nearly impossible.

Enforcing IP rights in a global economy is a nightmare because of conflicting laws and enforcement rules that often make it impossible to stop web thieves.

At the most simple level, capitalist governments started the practice of allowing patents and copyrights as an incentive for individuals to profit from unique inventions and creative works.  On the other hand, communist governments find it offensive that someone can become hugely wealthy:
From each according to his ability, to each according to his needs - Karl Marx
The enforcement of IP rights is all about money and the capitalist notion that the creators of intellectual property to profit from their work.  Obviously, social mores toward protecting wealth vary widely, and therein lies the problem with the enforcement of global IP rights.

In todays global economy we see that some countries do not share the USA standards for patent and copyright protection, and this opens the door to blatant theft and piracy.
  • The length of copyright protection varies wide by country.  The first English copyright law (dating from 1710), only allowed protection for 14 years.
     
  • Not all countries recognize USA intellectual property rights, and here is a list of adhering countries.  It's worth noting that it was not until 1891 that foreign content could be copyrighted within the USA.
     
  • Efforts to globalize copyright have failed.  The USA did not accept the Bern Convention of 1887, which provided for automatic international copyright between the member countries.

A history of international copyright enforcement

The instant access and zero cost of the internet have created a significant threat to any Oracle database that is deployed on the web, especially from poor countries and countries that do not honor copyrights.
Oracle data online is constantly threatened, and data thieves write “Hoovers” (a Hoover is a data vacuum) to simulate online database transaction to siphon-off valuable information.  Major online Oracle customers such as eBay have had to block Hoovers to prevent data theft, but the crooks just keep on coming, determined to steal your valuable online information. 
But it’s the lack of enforceability of intellectual property rights that has changed the landscape of information dissemination.  The proprietary nature of the original World Wide Web was gone, and the proprietary landscape Western Union has been replaced by a free model with the bandwidth to transfer huge sets of valuable information. 
Web thieves can digitize bestselling books and pirate them for instantaneous downloads anywhere on the planet.  Worse yet, internet hackers are now attacking online databases and stealing data with free abandon.

Enforcement of international IP rights

Getting protection from an international thief is a costly and complex endeavor, but the wealthiest corporations have had some success in protecting intellectual property rights.  Take the case of Hew Raymond Griffiths, a man who was extradited from Australia to serve a sentence in the USA for piracy.  Mr. Griffiths had never set-foot on American soil, yet that did not keep Microsoft from extraditing him to serve a US prison sentence for his piracy of Microsoft products. 
However, it should be noted that the victim (Microsoft) probably spent a considerable sum of money researching the labyrinthine maze of evidence collection and cross jurisdictional issues.
“Griffiths claimed to be beyond the reach of U.S. law, and today, we have proven otherwise,” said Assistant Attorney General Alice Fisher.
“This extradition represents the Department of Justice’s commitment to protect intellectual property rights from those who violate our laws from the other side of the globe.”

“Our agents and prosecutors are working tirelessly to nab intellectual property thieves, even where their crimes transcend international borders,” said U.S. Attorney Chuck Rosenberg.”
We also see this copyright infringement claim by Oracle corporation against the German corporation SAP, a task made far easier because of the SAP presence within the US jurisdiction.
The internet: The 21st Century thieves market
The theft of intellectual property has become an epidemic, and authors like Steven King lost millions of dollars when his bestselling books were digitized and offered for free on the internet.  Midcap publishers are at the most risk.  One of my own books, the Oracle Press “Oracle 10g Application Server Administration Handbook” was stolen and proffered for only $6.50 on eBay.  The publisher (McGraw-Hill) was able to have the auction removed but they did not get the thief arrested or prosecuted.
It can cost hundreds of thousands of dollars to facilitate the arrest of web criminals for the theft of intellectual property, and the crooks know that many small companies don’t have the financial resources to challenge the thieves.  Unless you are a multi-billion dollar company, the average American publisher had little recourse from international Oracle theft.  As a consequence, crooks steal Oracle data without any fear of capture, arrest and jail.
Sooner or later, the problem may become so bad that traditional publishers will go bankrupt, their high quality information being superseded with reams of garbage, the clutter of 500M blogs.  It will only be with the worldwide enforcement of IP rights that people can be protected from the wholesale theft of their information.


Copyright & intellectual property notes


Here are my related notes on copyright and intellectual property status:

Copyright References:

  • An Unhurried View of Copyright - Kaplan, 1967
     
  • The Copyright Book - Strong, 1986
     
  • Copyright Law - Henn, 1988
     
  • Patent, Trademark, and Copyright Laws - Samuels, 1989
     
  • The Illustrated Story of Copyright - Samuels, 2000
     



  
 
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Tuesday, 11 September 2012

Enterprise Learning! Conference 2012 Hosts America’s Top Learning Organizations September 10, 2012


Enterprise Learning! Conference 2012 Hosts America’s Top Learning Organizations

September 10, 2012
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Leaders from the Global 1000 and Top Government Agencies to Convene
Corona, CA (PRWEB) September 10, 2012
Today, the Enterprise Learning! Conference & Expo (ELCE) announced the list of executives planning to attend the upcoming event hosted at the Hyatt Regency, Irvine, CA on September 25th – 27th, 2012. More than 1000 executives will convene in Irvine and represent the largest, most innovative enterprises seeking learning and workplace technologies to build a competitive edge.
“ELCE is built as a business to business marketplace where executives, technologists, and experts can share, network and learn from one another. We are thrilled to host leaders from the U.S. Air Force to Xerox Corporation at ELCE 2012,” reports Catherine Upton, Elearning! Media Group Publisher and Host of the Enterprise Learning! Events.
Executives attending ELCE are building the 2020 Workplace with learning & workplace technology. They lead public sector organizations averaging 33,000 employees and corporate enterprises of 7900 employees. More than 7% hold management titles and 74% are currently funding enterprise-wide learning initiatives. These leaders convene at ELCE to meet executives who are driving organizational performance and competitive edge.
“This year’s event continues to build on issues confronting business and public sector leaders. How to innovate? Where to leverage technology? What are the best practices of the high performing organizations? All these topics are presented at ELCE 2012,’ says Joe DiDonato, ELCE Conference Chairman.
Highlights of ELCE 2012:
“Creating Time for Innovate” by David Allen, author and New York Times bestselling author of ‘Getting Things Done.’ Innovation is the hot topic of today’s leadership and Allen is uniquely qualified to share the critical workplace productivity strategies to leverage to Innovate in today’s business climate.
Learning Innovators Roundtable. What does an association have in common with a University and a high tech company? All three have built creative approaches to learning that drive revenues, enrollments and performance. Meet Derek Cunard, Dean of American Heart Association, Jeanne Dunn, Vice President, Learning@ Cisco and Yvonne Simon, Director, Southern New Hampshire University (also named ‘Most Innovative Company’ by Inc. Magazine.)
Meet Bina48: The World’s Most Advanced Humanoid

“In the world of Web 3.0 and Android Smartphones, we seek to showcase real technology advancements in practice at ELCE. Bina-48 is the most advanced social robot. A culmination of advancements in artificial intelligence, search and computer sciences, she could be your next mentor,” reports Joe DiDonato, ELCE conference chair.
Organizations Attending ELCE 2012 Include:

AAA Insurance Exchange                   

American Association of Critical-Care Nurses

American Heart Association               

Apria Health Care

AT&T                                

Bank of the West                       

Bechtel Corp.                                   

Boyd Gaming Corp                   

BYU                   

Cargill

California Soc of Assn Execs           

Charles Schwab & Co               

Cisco Systems               

Credit Services Management Association

Dept of Veterans Affairs                       

Dept of Defense

DiSTI                   

facebook

Farmer Boys Restaurant                    

Farmers Insurance

Florida Virtual School                           

franklin/covey

Fresenius Medical Care            

GIMPA                                       

Globimax Samson Travel           

Hertz Corp

Honeywell                   

In-N-Out Burger                       

Intl Film Producers Assoc           

Keck Medical Ctr, USC           

Metro Water District So Cal           

Money Management Intl           

Morrison Mgt Specialists           

Motion Picture & TV Fund       

National Safety Council            

Neiman Marcus       

Oracle                   

Panasonic Avionics                   

Professionals in HR Assoc           

Robert Half Intl                           

Rush University                

Scripps Health                           

Soc of Teachers of Family Med           

Sony Pictures            

Southern California Edison               

So. New Hampshire Univ   

Thomas Road Baptist Church           

Time Warner Cable                   

University of Farmers               

University of California   

U.S. Air Force               

U.S. Navy           

U.S. Marine Corp               

Vistage Intl, Inc.                       

Western Governors University            

and hundreds more……….
IMAGINE.INSPIRE.INNOVATE at the Enterprise Learning! Conference & Expo

ELCE 2012 is hosted at the Hyatt Irvine, in Irvine, CA on September 25th – 27th, 2012. Join David Allen, as well as executives from the Learning! 100 top learning organizations, who will share how their organization Imagine. Inspire. Innovate.
In its 10th edition, ELCE helps executives IMAGINE.INSPIRE.INNOVATE to become top performing organizations. Executives can access more than 50 educational sessions focused on learning and workplace technology solutions and best practices. Home of the Best of Elearning! awards, attendees can also see, share and compare best-in-class solutions. ELCE is the exclusive learning and workplace technology showcase serving the private and public sector executives.
ELCE registration is open until September 20th, 2012. To learn more about attending ELCE, visit athttp://www.elceshow.com. For sponsorship or exhibitor information, contact sales(at)2elearning(dot)com or call 888-201-2841 x845.
About Elearning! Media Group

Elearning! Media Group is owned by B2B Media Group LLC. Elearning! Media Group consists of eleven media products including: Elearning! Magazine, Government Elearning! Magazine, e-magazines, e-mail newsletters, Alerts, Websites, Web seminars, the Enterprise Learning! Summit and Enterprise Learning! Conference & Expo. Elearning! Media Group serves the $160 billion e-learning market. Suppliers and practitioners can follow us: online at http://www.2elearning.comhttp://gov.2elearning.com; on Twitter: 2elearning or #ELSummit; via Facebook: Elearning!-Magazine or LinkedIn: Elearning! Magazine Network or Elearning! Summit.
Enterprise Learning! Events

In its fifth year, Enterprise Learning! Events bring onsite and online audiences together to learn, network and share. Mark your calendar for Enterprise Learning! Conference & Expo, the exclusive learning and workplace technology marketplace, September 25-27th, 2012 Irvine, CA. Enterprise Learning! Conference & Expo hosts the Best of Elearning! Awards Luncheon and Learning! 100 Award winners. For more information about the Enterprise Learning! Conference & Expo visit http://www.elceshow.com. The Enterprise Learning! Summit held March 20-21, 2012 in DC, is now available on-demand online. View Summit sessions from your desktop athttp://events.unisfair.com/index.jsp?eid=630&seid=1475.
For the original version on PRWeb visit: http://www.prweb.com/releases/prweb2012/9/prweb9881738.htm

Source: prweb

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