Theories Of Intellectual Property Philosophy Essay

Theories Of Intellectual Property Philosophy Essay Introduction: The term intellectual property refers to a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignia.   The law of copyright protects various original forms of expression. The economic and cultural importance of this collection of rules is increasing rapidly. And lawmakers throughout the world are busily revising their intellectual-property laws.  [1]  Partly as a result of these trends, scholarly interest in the field has risen dramatically in recent years. There has been an evident mushrooming of articles deploying theories of intellectual property in law reviews and in journals of economics and philosophy. This article discusses those theories, evaluates them, and considers the roles they do and ought to play in lawmaking. Different jurisprudential approaches in IP law making: Most of the recent theoretical writings consist of struggles among and within four jurisprudential approaches of intellectual property law. 1.2.1 Utilitarian aspect of IP jurisprudence: The first and most popular of the four employs the familiar utilitarian guideline that lawmakers must put emphasis on maximization of net social welfare while shaping property rights.   In the context of intellectual property, it is generally thought that, lawmakers must strike an optimal balance between, on one hand, the individual rights of the creator and on the other hand maximization of public interest. A good example in this regard is William Landess and Richard Posners essay on copyright law  [2]  .   The distinctive characteristics of most intellectual products are that they are easily replicated. Those characteristics in combination create a danger that the creators of such products will be unable to recoup their costs of expression (i.e. the time and effort devoted to writing or composing and the costs of negotiating with publishers or record companies), because they will be undercut by copyists who bear only the low costs of production (the costs of manufacturing and distributing books or CDs) and thus can offer consumers identical products at very low prices.   Awareness of this danger will deter creators from making socially valuable intellectual products in the first instance.   We can avoid this by allocating to the creators (for limited times) the exclusive right to make copies of their creations. All of the various alternative ways in which creators might be em powered to recover their costs are, for one reason or another, more wasteful of social resources.  [3]  Ã‚   This utilitarian rationale, however has been criticized on the ground of its tendency to create monopoly rights. A related argument dominates the trademark law. The primary economic benefits of trademarks, are (1) the reduction of consumers search costs, because consumers can rely upon their prior experiences with various brands while deciding which brand to buy in future, and (2) the creation of an incentive for businesses to produce consistently high-quality goods and services. On the other hand while dealing with its criticism, trademarks can sometimes be socially harmful also, like for example, by enabling the first entrant into a market to discourage competition by appropriating for itself an especially attractive or informative brand name. Awareness of these benefits and harms should (and usually does), guide legislators and judges when tuning trademark law; marks should be (and usually are) protected when they are socially beneficial and not when they are, on balance, deleterious.  [4]   1.2.2 Labour theory and its jurisprudential aspect: Robert Nozick  [5]  after associating himself with Lockes argument, Nozick turns his attention to Lockes famously ambiguous proviso the proposition that a person may legitimately acquire property rights by mixing his labor with resources held in common only if, after the acquisition, there is enough and as good left in common for others.  [6]   Nozick contends that the correct interpretation of this limitation is that the acquisition of property through labor is legitimate if and only if other persons do not suffer thereby any net harm. Construed in this fashion, the Lockean proviso is not violated, Nozick argues, by the assignment of a patent right to an inventor because, although other persons access to the invention is undoubtedly limited by the issuance of the patent, the invention would not have existed at all had the inventor not put in any effort due to fear of copying. 1.2.3 Personality theory and its jurisprudential aspect: The premise of the third approach derived loosely from the writings of Kant and Hegel i.e. private property rights are crucial to the satisfaction of some fundamental human needs; policymakers should thus strive to create and allocate entitlements to resources in the fashion that best enables people to fulfill those needs. From this standpoint, intellectual property rights may be justified either on the ground that they shield from appropriation or modification artifacts through which authors and artists have expressed their wills (an activity thought central to personhood) or on the ground that they create social and economic conditions conducive to creative intellectual activity, which in turn is important to human flourishing.  [7]   Justin Hughes derives from Hegels Philosophy of Rights the following guidelines concerning the proper shape of an intellectual-property system (a) We should be more willing to accord legal protection to the fruits of highly expressive intellectual activities, (b) Because a persons persona his public image, including his physical features, mannerisms, and history is an important part of personality, it deserves generous legal protection, despite the fact that ordinarily it does not result from labor (c) Authors and inventors should be permitted to earn respect, honor, admiration, and money from the public by selling or giving away copies of their works.  [8]   1.2.4 Social planning theory and its jurisprudential aspect: The last of the four approaches says that, property rights in general and intellectual-property rights in particular can and should be shaped so as to help foster the achievement of a just and attractive culture.   This approach is similar to utilitarianism in its orientation, but dissimilar in its willingness to deploy visions of a desirable society richer than the conceptions of social welfare deployed by utilitarians.  [9]   Other writers who have approached intellectual-property law from similar perspectives include Keith Aoki, Rosemary Coombe  [10]  , Niva Elkin-Koren, and Michael Madow.  [11]  As yet, however, this fourth approach is less well established and recognized than the other three. 1.3 Varying jurisprudential views in US, UK, France and Germany: Until recently, the personality theory had much less currency in American law.  However in contrast, it has figured very prominently in Europe.  The French and German copyright regimes, for example, have been strongly shaped by the writings of Kant and Hegel.   This influence is especially evident in the generous protection those countries provide for authors and artists rights. In the past two decades, moral-rights doctrine and the philosophic perspective on which it rests have found increasing favor with American lawmakers, as evidenced most clearly by the proliferation of state art-preservation statutes and the recent adoption of the federal Visual Artists Rights Act.  [12]   Critical analysis of the theories of IP jurisprudence: Lawmakers are confronted these days with many difficult questions involving rights to control information. The proponents of all four leading theories purport to provide lawmakers with answers to the upcoming questions in IP jurisprudence. Unfortunately, our choice among these four options will often make a big difference. The third, for instance, suggests that we should insist, before issuing a patent or other intellectual-property right, that the discovery in question must satisfy a meaningful utility requirement; the other three would not.  The second would counsel against conferring legal rights on artists who love their work; the other three point in the opposite direction. The fourth would suggest that we add to copyright law a requirement analogous to the patent doctrine of nonobviousness; the others would not.  In short, a lawmakers inability to choose among the four will often be disabling. Similar troubles arise when one tries to apply Lockes conception of the commons to the field of intellectual property.  What exactly are the raw materials, owned by the community as a whole, with which individual workers mix their labor in order to produce intellectual products? It is agreed that IP law would have to be radically revised to conform to the Lockean scheme.  But the scale of the necessary revision is daunting. Is it justifiable on Lockean or any other premises -that if one thinks of a new way of dancing he claim IP protection and prevent everybody else from doing the same? Similarly, by registering the trademark Nike, can one prevent others from using it in any way- including reproducing it in an essay on intellectual property? If not, then what Is the extent of these rights? We come, finally, to the well-known problem of proportionality. Nozick asks:  If I pour my can of tomato juice into the ocean, do I own the ocean?  How far, in short, do my rights go?   Locke gives us little guidance.  [13]   1.5 Conclusion: The limitations of the guidance provided by general theories of intellectual property is perhaps easiest to see with respect to the last of the four approaches.  Lawmakers who try to harness social-planning theory must make difficult choices at two levels.  The first and most obvious involves formulating a vision of a just and attractive culture. What sort of society should we try, through adjustments of copyright, patent, and trademark law, to promote?   The possibilities are endless. Through continued conversations among scholars, legislators, judges, litigants, lobbyists, and the public at large, there may lie some hope of addressing the inadequacies of the existing theories.  The analytical difficulties associated with the effort to apply the Lockean version of labor theory to intellectual property may well prove insurmountable, but there may be some non-Lockean way of capturing the popular intuition that the law should reward people for hard work.  Only by continuing to discuss the possibility and trying to bring some alternative variant of labor theory to bear on real cases can we hope to make progress.   Much the same can be said of the gaps in personality theory.   The conception of selfhood employed by current theorists may be too thin and acontextual to provide lawmakers much purchase on doctrinal problems.  But perhaps, through continued reflection and conversation, we can do better. Conversational uses of intellectual property theories of the sort sketched above would be different from the way in which such theories most often have been deployed in the past.  Instead of trying to compel readers, through a combination of noncontroversial premises and inexorable logic, to accept a particular interpretation or reform of legal doctrine, the jurists and lawmakers should attempt, by deploying a combination of theory and application, to strike a chord of sympathy in their audience.  The sought-after response would not be, I cant see any loopholes in the argument, but rather, it needs to be acknowledged and addressed. That conclusion, however, does not imply that the theories have no practical use.  [14]  In two respects, I suggest, they retain considerable value.  First, while they have failed to make good on their promises to provide comprehensive prescriptions concerning the ideal shape of intellectual-property law, they can help identify nonobvious attractive resolutions of particular problems. Second, they can foster valuable conversations among the various participants in the lawmaking process.  

Air Jordan Essay

Air Jordan is a brand of shoes and athletic clothing designed, owned, and produced by Michael Jordan for Nike’s Jordan Brand subsidiary. The shoes, informally referred to in the plural as Air Jordan’s or simply J’s, were first released for public consumption in 1985 after Michael Jordan wore them in 1984 as a rookie; thereafter, new designs were released annually. Since its introduction into the sports shoe market, the Air Jordan evolved to the original basketball shoes to models for different uses, including I-XXIII). Air Jordan currently sponsors 19 active NBA players, including Chris Paul, Ray Allen, and Carmelo Anthony. They also endorse Nike Air Jordan products. Air Jordan 1 Air Jordan I, first Nike sneakers for Michael Jordan.  The Air Jordan 1 was designed by Peter Moore. The Air Jordan 1 was first released in 1985, in a red and black colorway to match the uniform of the Chicago Bulls, the team for which Michael Jordan played. This red and black color-way was later outlawed by NBA Commissioner David Stern for not having any white on them. Michael Jordan would wear the shoes anyway, and each time he stepped on the court with the Air Jordan 1 he would be fined five thousand dollars. Air Jordan 2 The success of the Air Jordan 1 encouraged Nike to release the New Air Jordan in 1986 for the new basketball season. Designed by Peter Moore and Bruce Kilgore, the original Air Jordan II was unique in that it was made in Italy giving the shoe a luxury feel. The Air Jordan II was originally retailed at $64.99. Air Jordan 3 The Air Jordan III was designed by Tinker Hatfield. By that time Michael Jordan was ready to leave Nike, but the Jordan III changed his mind. It was the first Air Jordan to feature a visible air unit on the heel, the new Jumpman logo, an elephant print trim and tumble leather to give it a luxury look. The Air Jordan III was also famous for the humorous ads depicting Spike Lee as Mars Blackmon, the character he played in his film ‘She’s Gotta Have It’. This campaign was known as the â€Å"Mars and Mike† ad campaign, which was one of Nike’s most successful advertisement campaigns. Air Jordan 4 In 1989 The Jordan IV shoe was released into the public, designed by Tinker  Hatfield. It was the first Jordan shoe released on the global market. Spike Lee, the director and actor helped in the ads for Jordan IV. Spike Lee had featured the Air Jordan IV in his movie Do The Right Thing. The Air Jordan Bordeaux â€Å"Spiz’ike IV† were specifically made for Spike Lee in order to pay respect for advertising the Jordan Cement 4’s. Air Jordan 5 The Air Jordan V was released on February 1990, designed by Tinker Hatfield again. Some elements were carried over from the Air Jordan IV, but overall they were a completely new look. Some of its new features were a reflective tongue, translucent rubber soles and lace locks. Hatfield is believed to have drawn inspiration for the Air Jordan V from World War II fighter planes, which was most notably visible in the shark teeth shapes on the midsole. Air Jordan 6 The Air Jordan VI had a new design by Tinker Hatfield and released in 1991. Later that year the Bulls defeated the Lakers in the 1991 NBA Finals, with Jordan named as the most valuable player. That was also the first NBA Championship won by Jordan and the Bulls. The Jordan VI was also seen in the film White Men Can’t Jump, which was produced in 1991 and released one year later. Air Jordan 7 Air Jordan VII sneakers specially released for 1992 Barcelona Olympics. The Air Jordan VII was released in 1992 with a new design by Tinker Hatfield. This shoe introduced the huarache technology which allowed the shoes to better conform to the user’s foot. A few things were no longer featured on the new model, such as the visible air sole, the Nike Air logo, and the yellowing soles. This was the first Air-Jordan in the line that did not have any distinctive â€Å"Nike Air† on the outer portions of the shoe. When Jordan went to compete at the 1992 Barcelona Olympics to play for the US Men’s Basketball Team (also known as the â€Å"Dream Team†), Nike released a special Olympic color combo of the Air Jordan VII model which had Jordan’s Olympic jersey number, 9 even though most of the jordans that were made, especially the Air Jordan VII had a â€Å"23† on the back. Air Jordan 8 The Air Jordan VIII was released to coincide with the 1992–1993 NBA season.  The eighth model of the Air Jordan was noticeably heavier than its predecessors. This shoe had a lot more detail than most of the earlier Air Jordan’s such as two crossover straps on each shoe and a Jumpman. Thus the Air Jordan VIII model became known as the â€Å"Punisher† because of the advanced basketball ankle support and enhanced traction. This shoe contains a full length air sole, polyurethane midsole, polycarbonate shank plate, and two crossover straps (for added support and more custom fit). Air Jordan 9 Originally released in November 1993, the Air Jordan IX model was the first model released after Michael Jordan’s retirement. Jordan never played a full season of NBA Basketball wearing these shoes. This model was inspired by baseball cleats that Jordan wore when playing minor-league baseball. Air Jordan 10 This was released in 1995, It was the first Air Jordan to feature a lightweight phylon midsole. The shoe also featured all of Michael Jordan’s accomplishments on the outsole of the shoe. Air Jordan 11 This model was designed by Tinker Hatfield. When the shoe launched, Michael Jordan (retired from basketball by then) was trying in minor baseball leagues. Hatfield designed the sneaker waiting for Jordan to comeback and hoping he would play in them. The ballistic mesh upper of the sneaker was meant to give the Air Jordan XI lighter and more durable than the past sneakers. Further changes came with the use of a carbon fiber spring plate in the clear out sole, giving the shoe better torque when turning on the court. The highlight and arguably most well-known aspect of the shoe is the patent leather mudguard. Patent leather was lightweight, when compared to genuine leather, and also tended not to stretch as much – a property to help keep the foot within the bounds of the shoe bed during direction changes on the court. The patent leather gave the XI a â€Å"formal† look. When this shoe released, some wore this model with business suits instead of dress shoes. Air jordan 12 The Air Jordan XII was inspired by Nisshoki (the Japanese flag), and a 19th-century women dress boot. However, featuring gold-plated steel lace  loops, embossed lizard skin pattern and zoom air, this model set a new direction in style and technology in shoe design. Though not as light weight as previous models, the construction and firmness of the shoe is widely considered to be the most durable and sturdy shoes from the Air Jordan line. Air Jordan 13 in 1997 Air Jordan XIII’s were released into the public . This model was known for its cushioning along the feet, designed by Hatfield. The Black Panther was the inspiration for the Air Jordan XIII, the sole resembles the pads on a panther’s paw. But also the panther is the hologram on the back of the shoe which imitates a panther’s eyes in the dark when light is shined at them. Air Jordan 14 The Air Jordan XIV was originally released from 1998 to 1999. The Air Jordan XIV co-styled by the famous Tinker Hatfield and Mark Smith was made race ready and equipped with the Jordan Jumpman insignia on a Ferrari shaped badge. In addition, these shoes include breathable air ducts on the outer sole. Air Jordan 15 The Air Jordan XVs were released in 1999–2000. Reggie Miller wore it during the 2000 NBA Finals. This was the first shoe after Jordan’s retirement. The design of the XV’s originated from the aircraft prototype X-15, which was developed by NASA during the 1950s. The sides of the XV were made from woven kevlar fibre. Air jordan 16 Air Jordan XVIs, designed by Nike’s Senior Footwear Designer Wilson Smith, were released in 2001. Unique to the Air Jordan XVI was a gaiter/shroud that covered the shoe and could be removed to give the shoe a new look. Not only was this for fashion purposes, it also had a thermal functionality. Air jordan 17 This pair of Jordan’s come equipped with Keefer, which held the shoes and a compact disc containing the Air Jordan XVII song. The retail price of the shoe was US$200. The defining functional design element of the Air Jordan XVII model, which was later replicated on the Air Jordan XXIII model, was  the reinforced mid-sole which provided a sturdy and stable chassis for the shoe. Air jordan 18 The Air Jordan XVIII shoe was released in 2003, and was the shoe for Jordan’s last season, in which he played for the Washington Wizards. The shoe was designed by Air Jordan Senior Footwear Designer, Tate Kuerbis, The inspiration for the design came from a number of things; sleek racing lines of the auto world, carbon fibre-based monocoque of F1 race cars, race car driving shoes (rubber heel wrap) and Fine Italian dress shoes (bold stitching on the soles). Air Jordan 19 Released in 2004, this is the first Jordan release after his third, and final, retirement which came after the 2002–2003 NBA season. The design was inspired by the Black Mamba snake, The Air Jordan XIX used innovative materials. The upper section of shoe was developed in collaboration with the global materials consultancy Material ConneXion, who sourced Nike a sleeving normally used in architectural applications for protecting PVC pipes from bursting. Air Jordan 20 The Air Jordan XX was also inspired by bicycling shoes. The strap was placed in the center of the shoe over the laces. It also helped to create a tighter fit and increased support.

Cable Television Essay - 2162 Words

Cable Television The word technology has meant a number of different things throughout the span of time and culture. From the beginning of the stone tablet to the introduction of cyberspace there has been technology; something that has enhance our literacy and improved our detail of life and knowledge. The development of the personal computer seems to be somewhat elementary to all of use now. Technology has made its way into our homes and is continuing to make our lives interactive with those around the world. ?Before the advent of the PC, the television and satellites brought the world into the living rooms of many homes Pictures of life beyond the boundaries of ones own community or neighborhood were made accessible every†¦show more content†¦History: Outline:1948-9: The first antenna/broadcast system came to be Utilizing the telephone poles, which he rented for $1.50 each annually, ?[John]Walson ?began to install his cable throughout the city (Roman 2). 1950: The first subscription cable system in Lansford, Pennsylvania (Panther Valley Television) ?85 foot tower on Summit hill receives signal from Philadelphia and retransmits to Lansford 1951: Martin F. Malarkey produces the first live local organization and cablecast from his home. 1962: FCC acted to limit cable’s encroachment on local broadcasters’ monopolies by requiring a microwave carrier to demonstrate that it would carry local signals and not distant ones that duplicated the programming of the local stations (Crandall and Furchtgott-Roth). 1972: Cable system had to carry all local broadcasting signals 1975: Satellite delivery (HBO, etc) 1979: 10 premium networks ?Seventy-seven percent of all systems offered twelve channels or fewer in 1976, ?and 88 percent offered twenty or fewer (Crandall and Furchtgott-Roth 6). 1984: Cable Communications Policy Act: requires that the rates of all cable systems ?facing ‘effective competition’ from regular broadcasting sources, as determined ?by the FCC, be deregulated (Crandall and Furchtgott-Roth 7) 1989: 31 channels are offered to the average viewer 1995:Show MoreRelatedThe Cable Television Industry in the United States Essay950 Words   |  4 PagesIn United States cable television industry, the traditional cable companies compete with different types of competitors. 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