Cumberland University Cyber Security and Copyright Claims Analysis Paper

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Computer Science

Cumberland University

Description

Answer each these questions in a paragraph with at least five sentences: Include the question and number your responses accordingly. Provide a citation for each answer

1. what do each of these terms refer to: copyright, patent, trademark, trade secret?

2. Why is intellectual property entitled to legal protection?

3. Why did copyright laws become stricter and more punishing in the late 20th century?

4. What is the Fair Use doctrine?

5. Make an argument for legalizing the copying of music or software.

6. Do I or don't I own the books on my Kindle? If I own them, why can't I transfer them? If I don't own them, what is my legal right to them?

7. What was the 1984 Sony Supreme Court case about?

8. Was Napster responsible for the actions of its users?

9. Why did the court find in favor of Diamond in the Rio case?

10. What is Digital Rights Management?

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Explanation & Answer

Please view explanation and answer below.

Running head: CYBER SECURITY

1

Cyber Security

Name
Department, Institutional Affiliations
Course
Instructor’s Name
Date

CYBER SECURITY

2
Law Questions

Question 1
what do each of these terms refer to: copyright, patent, trademark, trade secret?
Copyright can be termed as the legal right of the owner. On the other hand, a patent is a
granting property right by the sovereign authority to an inventor (Bowker, 2020). Trademark can
be termed as a symbol or word that are established to represent a company or a product. A trade
secret is what a given company always uses to manufacture its products.
Question 2
Why is intellectual property entitled to legal protection?
IP rights grant exclusive rights to the proprietor and serve as the link between the
consumer and the manufacturer (Peng, 2017). This enables the consumer to identify and
associate products with their immediate owners. Like any other commodity, IP is also subjected
to consumer protection in any country.
Question 3
Why did copyright laws become stricter and more punishing in the late 20th century?
The law became so strict since they were not being directed towards serving the public.
They were mainly enacted to stifle someone creativity rather than protect and encourage it. The
law was so unclear, and many companies abused it with access to lawyers (Donnelly, 2017). This
led to many governments making it strict and only protecting the creativity from the public.

CYBER SECURITY

3

Question 4
What is the Fair Use doctrine?
Fair use can be described as copying of copyrighted material done for a limited and
transformative process. The use of such information is relevant and can be used without the
owner's consent. It can also be described as a defense against copyright infringement (ElkinKoren, 2017).

If your use qualifies as fair use, then it would not be considered an infringement.

The main aim to use might be to criticize, comment upon, or parody a copyrighted work.
Question 5
Make an argument for legalizing the copying of music or software
It should be allowed to copy music or software if it is being done for the sole purpose of
entertaining. It should be allowed since the person is trying to either entertain or make comments
and not own the song or the application. It should be protected under the law of the country that
person who does such activities is not conducting copyright infringement. However, the law
should be clear on whether this is being done for enjoyment or more that.
Question 6
Do I or don't I own the books on my Kindle? If I own them, why can't I transfer them? If I
don't own them, what is my legal right to them?
One does not own the books in their Amazon Kindle accounts. They buy them for use
and are given the right by the owners of the book. This means that one does not have any right

CYBER SECURITY

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whatsoever but rather owns an account where they can access different books without the option
of transferring them. The only legal right is to use them through the performance.
Question 7
What was the 1984 Sony Supreme Court case about?
The case was between Sony Corp. of America v. Universal City Studios, Inc and is also
known as the "Betamax case". It was a decision by the Supreme Court of the United States which
ruled that the making of individual copies of complete television shows for purposes of timeshifting does not constitute copyright infringement but is fair use (Barnes, 2016). The court also
judged that producers of the videogames are not liable for copyright infringement. The case
created a haven for technology as well as benefit the entertainment industry through the sale of
pre-recorded movies.
Question 8
Was Napster responsible for the actions of its users?
Yes, the recording industry was responsible for contributing to the infringement of the
plaintiff's copyrights. The industry contended that Napster had built a business by encouraging
individual users to share music they do not own (Martinson, 2000). The sector reported
racketeering and unlawful use of digital audio interfa...


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