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Effect on society: cybercrime
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Technology is now the foundation to any society and in America; digital products (mp3 files, videos, books, etc.) are protected as intellectual property. Theft of any intellectual property would have similar (and in some cases more severe) consequences as stealing a car or shoplifting, however, some countries that fall behind in the development of intellectual property can easily steal digital products and produce them for a much cheaper and easier rate of production. One such country is China, which has indirectly stolen billions of dollars for the American economy by either replicating or developing products that America invented. America has tried to engage the Chinese to try to stop such theft, but while doing so may have surpassed civil liberties that are constitutional to all American citizens. The United States needs to ensure safety of intellectual property, while at the same time protecting the rights of the American people. By allowing overzealous amounts of regulation on the Internet would be unconstitutional. The most detrimental forms of Internet piracy do not happen within American borders; instead, they occur from overseas countries, like China (London, 2011). This causes the American economy to lose billions of dollars. In reaction to the piracy issue, the United States approved the Protect IP Act, which creates new tools to disrupt Internet piracy. The bill defines a website that participates in Internet piracy as something with “no significant use other than engaging in, enabling, or facilitating” the illegal copying or distribution of copyrighted material in “substantially complete form” (London, 2011). There is no question that the Protect IP Act limits constitutional rights, while another issue occurs w... ... middle of paper ... ...l of America. New York Times, DOI: www.nytimes.com/../firewall-law-could-infringe-on-free-speech.htm Risen, J. & Lichtblau, E. (2009, April 16). Control of Cybersecurity becomes Divisive Issue. The New York Times, Retrieved from http://www.nytimes.com/2009/04/17/us/politics/17cyber.html (2011). China: A new low in knockoffs. Boston Globe, Retrieved from http://articles.boston.com/2011-07-29/bostonglobe/29830140_1_fake-apple-products-china-fake-stores Reuters. (2009, October 18). Software Pirates in China Beat Microsoft to the Punch. The New York Times. Retrieved from http://www.nytimes.com/2009/10/19/business/global/19iht-windows.html Thompson, L. (2011, December 12). U.S. Headed for Cyberwar Showdown with China in 2012. Forbes, Retrieved from http://www.forbes.com/sites/lorenthompson/2011/12/22/u-s-headed-for-cyberwar-showdown-with-china-in-2012/
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
President Obama has realized the seriousness of the upcoming threats and turned the government focus more toward defending the information and communications infrastructure and In May 2009, he issued a request from top to bottom review of the current situation. The report titled the Cyberspace Policy Review includes strategy, policy, and standards regarding the security of and operations in cyberspace. According the white house’s cybersecurity foreign policy, the Cyberspace Policy Review highlighted two objectives and ten near-term actions to support the cybersecurity strategy.
With the boom of technology in China and the new capitalism ideas, China also has a huge piracy problem. According to the International Intellectual Property Alliance's 2003 report on China, the piracy problem in China creates $1.85 billion in 2002 alone with 90% piracy rates for all copyrighted materials.5 This piracy problem affects negatively on China's global relations and economic improvements. China's current copyright laws are still in its teenage years, and the fast pace of technological advancement isn't helping either.
The United States of America is a free country, then why shouldn’t the internet be free? Why should we have restrictions placed on what we can and cannot do on the internet? Every day, millions of users share files on the internet through numerous online sources. Whether they download music, movies, or software, online file-sharing can give people access to a plentiful amount of information. These files are often free and easily accessible by anyone. The practice of distributing or providing access to digitally stored information represents file sharing (Peer-to-Peer File-Sharing and Copyright Infringement: Are You Vulnerable?). Conversely many people see file sharing as unlawful. The reproduction or distribution of any copyrighted digital media or information defines internet piracy. Many people see downloading copyright files such as music, movies, books, and software as illegal. Music files, some of the first types of files to be reproduced and distributed through internet sources, contain the file extension .mp3. Several popular file sharing programs were developed in the 1990s and facilitated internet piracy. Big industries try to combat file sharing to help increase their revenue, however internet piracy actually increases revenue of industries and has numerous other benefits (What Is Internet Piracy?). The copy and distribution of digital files increased due to technology (Torr). Internet piracy, considered a problem all over the world, stands as difficult to stop along with other kinds of piracy (What Is Internet Piracy?). Anything can be digitalized and once something becomes digitalized it will be shared all over the internet (Torr). Canadian and European laws allow for the downloading of copyright files for personal us...
Nakashima, Ellen. "Pentagon Seeks More Powers for Cyberdefense." Washington Post. 10 Aug 2012: A.1. SIRS Issues Researcher. Web. 21 Nov 2013. (Source D)
United States President Barack Obama has identified cyber security as a key issue the nation will face. President Obama declared that the “cyber threat is one of the most serious economic and national security challenges we face as a nation” and that “America's economic prosperity in the 21st century will depend on cyber security (“Foreign Policy Cyber Security,” 2013).”
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
Physical piracy-the copying and illegal sale of hard-copy CDs, videotapes, and DVDs-costs the music industry over $4 billion a year worldwide and the movie industry more than $3.5 billion. These numbers do not factor in the growing (and difficult to measure) problem of Internet piracy, in which music and movies are transferred to digital format and copies are made of the resulting computer file. Journalist Charles C. Mann explains why Internet piracy has the potential to be vastly more damaging to copyright industr...
The nation has become dependent on technology, furthermore, cyberspace. It’s encompassed in everything we deliver in our daily lives, our phones, internet, communication, purchases, entertainment, flying airplane, launching missiles, operating nuclear plants, and implicitly, our protection. The more ever-growing technology empower Americans, the more they become prey to cyber threats. The United States Executive Office of the President stated, “The President identified cybersecurity as one of the top priorities of his administration in doing so, directed a 60-day review to assess polices.” (United States Executive Office of the President, 2009, p.2). Furthermore, critical infrastructure, our network, and internet alike are identified as national assets upon which the administration will orchestrate integrated cybersecurity policies without infringing upon and protecting privacy. While protecting our infrastructure, personal privacy, and civil liberties, we have to keep in mind the private sector owns and operates the majority of our critical and digital infrastructure.
Thomas, Teka. "Cyber defense: Who 's in charge?" National Defense July 2015: 21+. War and Terrorism Collection. Web. 28 Oct.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
The first reason why downloading and uploading copyrighted materials from the Internet should be legal is that downloading copyrighted materials positively affects the economy. The European Commission Joint Research Center reported that the profits of music companies would be 2% lower if uploading and downloading copyrighted materials were banned. However, music companies are able to acquire more profits despite illegal downloading because many people tend to purchase CDs or DVDs after watching or listening to copyrighted materials for free. Moreover, the research showed that people who download music illegally spent more money to buy music than people who did not download illegally. In addition, research conducted by the Swiss government informed that one-third of Swiss people downloaded copyrighted materials from the Internet because personal use of copyrighted materials is legal in Switzerland. Even though there is a fact that many people can download copyrighted materials from the Internet legally in Switzerland, the amount of money that people spend to buy copyrighted materials is not f...
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.