BUS 311 Business Law I

Introduction to fundamental concepts in business law.

Owen Collins
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Napsterand Microsoft1Patent and CopyrightsNameBUS 311 Business Law IProfessorDateExplain the role of patents and copyrights in protecting business products and intellectualproperty. Use examples from the cases of Microsoft and Napster to illustrate how these legalprotections can impact businesses. How do patents and copyrights help businesses maintain theircompetitive edge and protect their investments in a rapidly evolving technological environment?Your response should be a minimum of 750 words and include proper citations from theprovided references.

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Napster and Microsoft2Patent and CopyrightsWith today’s business’s,theproducts theyhave available to their customers,there aremany laws that help the business protect their product and their self’s.There are many importantlaws that will help protect businesses with copyrights and patents.This includes productsthatthebusiness hasor might beworking on. In this paper I will explain what copyrights and patentsare and how they can help a business protect their investments.So we ask our self what is copyrights? Copyright “is a form of protection provided by thelaws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,”includingliterary,dramatic,musical,artistic,andcertainotherintellectualworks”(U.SCopyrights Office, 2008).In Section 106 of the 1976 Copyright Act allows the owners of thecopyright material the right to do and authorize anyone else to reproduce the work in copies,distribute copies or phonorecords, perform the work in publicly or display the work in publicly.As stated by Bonnice & Liuzzo (2010) “copyright cannot prevent the copying of an idea, butonly the way it is expressed. Under the current copyright law, a created work is protected for thelifetime of the creator plus 70 years.” (p.382).So we ask our self what ispatents?A patent “is an intellectual property right granted bythe Government of the United States of America to an inventor “to exclude others from making,using, offering for sale, or selling the invention throughout the United States” (United StatesPatent and Trademark Office, n.d.).The patent rights were established over 200 years ago in theUnited States Constitution Article 1, Section 8.There are three types of patents that one couldhave and they are Utility patents,Design patents and Plant patents.With the Utility patents arefor anyone that “invents or discovers any new and useful process” (United States Patent andTrademark Office, n.d.).With the Design patents they are for anyone “who invents a new,

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Napster and Microsoft3original and ornamental design for an article of manufacture”(United States Patent andTrademark Office, n.d.).With the Plant patents they are for anyone “who invents or discoversand asexually reproduces any distinct and new variety of plant” (United States Patent andTrademark Office, n.d.).The patent is only good for 20 years form the date on which the patent-holder application for the patent was filed in the United States.One of the most recognized companies in the world was sued.Microsoftwas sued for amusic patent. Stated byChmielewski & Meen (2007)MicrosoftCorp. to pay $1.52 billion forinfringing patents underpinning the world’s most popular digital music standard, known as MP3”(para. 1).This verdict is one of the largest patent awards on record today and could open thedoor for other technology companies to massive liability.This could mean virtually everyportable digital music player that uses the MP3 technology could be sued for patents.Microsoft was sued by a small company called i4i.The company i4i sued Microsoft forusing an editing tool patented by i4i.The i4i company stated that “the program was used inMicrosoftWord 2003 and 2007” (Totenberg, 2011).The jury ruled against the industry giantand orders them to pay $290 million to i4i to stop using the patented editing tool.Microsoftappealed all the way to the Supreme Courts.The company to the courts that i4i’s patent wasinvalid and standard for proving invalidity should be less rigorous than the lower courts.Thecourts toldMicrosoftthat the U.S. Patent Office granted patent for i4i for their editing tool.Microsoft no longer use the i4i editing tool technology for its word programs.More than ever before, goods, products and services are being provided by businesses of allvariations.Today fewer and fewer people today are self-sufficient.In today’s worldnotthatmany peoplemake her or his clothes and a lot of the people dont even prepare their own mealson a daily bases. Business today aremoretechnologydrivenwhich makes it possible for people
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