What Alternative Strategy for Digital Intellectual Property (And Particularly Computer Programs) Is Suggested by Richard Stallman?
Thus, the deep harm in the term “intellectual property” is that it leads people to focus on an abstract generalization instead of the concrete requirements and effects of patent law, the concrete requirements and effects of copyright law, and the concrete requirements and effects of a dozen other laws.
I do not discuss the benefits of free software versus proprietary software, as I believe the issue has already been well addressed by the people and organisations mentioned in this essay. What I am concentrating on here is the differences between the existing schools of thought which are all in favour of free software, and the implications these schools of thought have on broader intellectual property issues. The aim is to stimulate thought on what each position really means, and I hope the reader will come away with an enhanced awareness of the philosophical issues within the realms of free software.
However, for any employee from Techno ltd who acts on his personal capacity to produce products other than what is required of his/her employer by Howard, he/she will be answerable on individual capacity, and not his employer. This is the fate that awaits Boffin if goes ahead to produce his version of products for personal benefit (Mercer, John 2010). For Julian she is not guilty under laws of copy right and trademarks since every production has been in line with the `new’ protected owner Howard, and bearing in mind that every production was done under his authority, there is no case of secondary prosecution. Relying on the provisions, it should be stressed that the law has defined and marked as belonging to one or other specific provisions of Article 5, if not necessarily a criterion for evaluation as to whether the application in question is valid. The directive and Article 6, Article 12 give control provisions to limit the effects of the registration of the mark. These provisions relate to use in accordance with honest practices in the name of (a) a third party or address, (b) data display, and (c) for the purposes specified symptoms of goods or services, in particular as accessories or parts (Mercer, John 2010). - Like any other case presented before a jury, the plaintiff has to prove beyond reasonable doubt that as a result of the actions that were perpetrated by the defendant, he suffered financial loss which could have otherwise not occurred since it was illegal to do such. In this case, the actions of the defendant might have in one way or the other injured the rights of the plaintiff with regard to the product protected by the copy right law. In such a case, the jury who has been assigned the case will have no option other than ordering the payment of damages but the defendant (Mercer, John 2010).
Aplin, Tanya; Davis, Jennifer (2009). Intellectual Property Law: Text, Cases, and Materials. Oxford University Press.
Bently, Lionel, "The Making of Modern Trade Marks Law: The Construction of the Legal Concept of Trade Mark (1860-80)" in Lionel Bently, Jane C.
Ginsburg & Jennifer Davis (eds), Trade Marks and Brands: An Interdisciplinary Critique (Cambridge University Press, 2008)
Bently, Lionel; Sherman, Brad (2009). Intellectual Property Law (3rd ed.). Oxford University Press.
Burrell, Robert; Coleman, Allison (2005). Copyright Exceptions: The Digital Impact. Cambridge Studies in Intellectual Property Rights. Cambridge University Press
Mercer, John, "A Mark of Distinction: Branding and Trade Mark Law in the UK from the 1860s", Business History (2010).