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The U.S. video game industry revenue has continued to grow to a total of $36 billion in both hardware and software sales, more than doubling in less than a decade. Fueling this growth at breakneck speed is the evolution of technology. With the rapid expansion of the video game and immersive entertainment industry and technology's continued evolution, intellectual property law plays an increasingly prominent role in this arena. Game developers routinely wrestle with all aspects of IP law and need informed legal counsel on a multitude of issues, including end-user license agreements, ownership of user-generated content, the scope of copyright protection, remedies for trade secret appropriation, approaches for simulating reality without running afoul of existing trademark rights of real-world companies and people, and more. Providing a one-of-a-kind aid for counseling clients about the issues involved in the industry, the second edition of Computer Games and Immersive Entertainment covers a broad range of topics to help lawyers develop creative solutions to protect their clients while still engaging the players and end-users. Topics include: - Contracts, including EULAs, TOS, and TOU agreements- Copyrights- Patents- Trademarks- Trade secrets- Rights of publicity- International considerations, and more
How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and look and feel. A succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.
This book explores and discusses how to obtain traditional intellectual property law rights in the non-traditional settings of video game and virtual world environments, and serves as a primer for researching these emerging legal issues. Each chapter addresses: end user license agreements; copyrights, patents, trademarks; and trade secrets, as addressed by U.S. law. It also covers international legal issues stemming from the multi-national user-base and foreign operation of many virtual worlds.
Patent laws are different in many countries, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices in the US (USPTO), Japan (JPO), and Europe (EPO). The authors start with a thorough introduction into patent laws and practices, as well as in related intellectual property rights, which also explains the procedures at the USPTO, JPO and EPO and, in particular, the peculiarities in the treatment of applications centering on software or computers. Based on this theoretical description, next they present in a very structured way a huge set of case studies from different areas like business methods, databases, graphical user interfaces, digital rights management, and many more. Each set starts with a rather short description and claim of the "invention", then explains the arguments a legal examiner will probably have, and eventually refines the description step by step, until all the reservations are resolved. All of these case studies are based on real-world examples, and will thus give an inexperienced developer an idea about the required level of detail and description he will have to provide. Together, Closa, Gardiner, Giemsa and Machek have more than 70 years experience in the patent business. With their academic background in physics, electronic engineering, and computer science, they know about both the legal and the subject-based subtleties of computer-based inventions. With this book, they provide a guide to a patent examiner’s way of thinking in a clear and systematic manner, helping to prepare the first steps towards a successful patent application.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Intellectual Property in Electronics and Software provides practical guidance and addresses key IP law issues in major jurisdictions worldwide which impact on software and electronics companies. This new edition covers the latest case law on open source software and standard essential patents and features new chapters on the possible impact of the
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
This engaging textbook highlights the essential need for a strong ethical framework in our approach to computer, information and engineering science. Through thought-provoking questions and case studies, the reader is challenged to consider the deeper implications arising from the use of today’s rapidly-evolving computing technologies and ever-changing communication ecosystems. This updated second edition features new material on information security, intellectual property rights, the Internet of Things, and 5G technologies. Topics and features: introduces a philosophical framework and tools for understanding and analyzing computer ethics in personal, public, and professional spheres; describes the impact of computer technology on issues of security, privacy, anonymity, and civil liberties; examines intellectual property rights in the context of computing, including the risks and liabilities associated with software; discusses such key social issues in computing as the digital divide, employee monitoring in the workplace, and risks to physical and mental health; reviews the history of computer crime, and the threat of digitally facilitated bullying, harassment, and discrimination; considers the ethical challenges arising from online social networks, mobile telecommunications, virtual reality, the Internet of Things, and 5G technologies; includes learning objectives, discussion questions and exercises throughout the book. This concise and accessible work addresses the critical ethical and moral issues important to all designers and users of computer technologies. The text incorporates the latest curricula requirements for undergraduate courses in computer science, and offers invaluable insights into the social impact and legal challenges posed by the latest generation of computing devices and networks.