Intellectual Property Rights : From Theory to Practical Implementation
R. Spinello, and H. Tavani. chapter 1, page 1-65. IGI Global, Hershey, Pdf edition edition, (2005)
Abstract
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.
%0 Book Section
%1 spinello2005intellectual
%A Spinello, Richard A.
%A Tavani, Herman T.
%B Intellectual Property Rights in a Networked World: Theory and Practice
%C Hershey
%D 2005
%E Spinello, Richard A.
%E Tavani, Herman T.
%I IGI Global
%K ABMA17 intellectual-property
%P 1-65
%T Intellectual Property Rights : From Theory to Practical Implementation
%X 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.
%7 Pdf edition
%& 1
%@ 9781591405764, 1591405769
@inbook{spinello2005intellectual,
abstract = {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.
},
added-at = {2012-10-29T22:48:46.000+0100},
address = {Hershey},
author = {Spinello, Richard A. and Tavani, Herman T.},
biburl = {https://www.bibsonomy.org/bibtex/26af0da5d2ec79fcad9d318982ce92a77/oeoe},
booktitle = {Intellectual Property Rights in a Networked World: Theory and Practice},
chapter = 1,
edition = {Pdf edition},
editor = {Spinello, Richard A. and Tavani, Herman T.},
interhash = {5c00da013a2f6e9b0e372e311a595978},
intrahash = {6af0da5d2ec79fcad9d318982ce92a77},
isbn = {9781591405764, 1591405769},
keywords = {ABMA17 intellectual-property},
language = {English},
pages = {1-65},
publisher = {IGI Global},
timestamp = {2012-11-12T22:02:40.000+0100},
title = {Intellectual Property Rights : From Theory to Practical Implementation
},
year = 2005
}