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Why care about intellectual property rights?
Why care about intellectual property rights? Isn't it something of
interest to the birds... or maybe the attorneys? If you said 'Yes',
think again!!
Consider the internet provider in Lithuania or the one person startup
in Canada who download the contents of your site onto their servers,
change the headers, and are deriving commercial benefits from that
content. Consider the professor in California or the faculty staff
member in the UK who believe that they have all the justifications for
copying your publication -- without attribution or authorization -- since
they are using it only for non-commercial teaching purposes. How about
the research lab director at a large northeastern United States
university who firmly believes that he is right in making
physical copies of your online content on their server for their
testing purposes?
All the incidents cited above occurred in reality over the last one
year and in each of these incidents the copyright law has implications
for the perpetrators, who commit intellectual property infringement
with or without intention of deriving any commercial benefit.
If you are involved in production or consumption activity in the
information chain, you need to, perhaps, care about the intellectual
property rights!!
The Taj Mahal and the Virtual Corporations
In an earlier age, any specific product was handcrafted and the
creation of the product was based upon the innate knowledge or skills
of human beings. However, since that era, people have tried to
safeguard their investment in creations that are somehow unique or
provide some unique value. An extreme case is that of Shah Jahan, the
mogul emperor who built Taj Mahal. Folklore goes that the emperor
instructed his soldiers to chop off the hands of the craftsmen so that
they could never create another monument like Taj Mahal!!
In the era of knowledge age or information age, the fundamental
unit of most products and services is information -- in one or another
form. Ever thought about the virtual enterprises and virtual products?
Most such notions of the knowledge society and the virtual
products rest upon the cornerstone of 'information': in digital or
non-digital form. In several cases such information is of proprietary
nature, i.e., it has unique value deriving from usage, research,
development,
design, etc. Hence, the investment in that information product,
knowledge product or the virtual product must be protected to
encourage other similar initiatives. The initial investment is of
critical importance given that replicates of such products could be
created with relative ease and without incurring a large expense. How
difficult or expensive is it to download a copy of the software
program code once it is created? With increasing worldwide access to
electronic distribution, the damage caused by piracy to content producers
may completely destroy the value built in their intellectual property.
[For more on this, see the Sep 26, 1997 Economist article
Copyrights
and Copywrongs.]
The same context is valid in the case of companies who have earned
consumer recognition for their brand names and trade marks. A recognized
brand name or trade mark represents the goodwill that has been built into
the product or service. Consumers tend to associate the recognized brand
name or trade mark with certain characteristics that are specific to that
name or mark. Therefore, companies often spend millions of dollars
annually for safeguarding the investment in the related intellectual
property rights.
That is the crux of the intellectual property rights: to give credit
where, and when, it is due. There are international enforcement
bodies, such as the Software Publishers
Association and Business Software
Alliance, that have been active in exposing and penalizing
the perpetrators of intellectual property theft. We also have associations
such as the Open Software Foundation
whose motto is to allow unrestricted access
to software whenever possible. Who can deny the efforts underlying the
initiatives of the creators of the freeware and shareware that are now
benefiting the masses around the world? However, most such public domain
software also includes copyright notices and trade marks. The rights of
the producers and consumers of such information products are defined by
these intellectual property notices.
It cannot be denied that with the
emergence of the knowledge society and virtual products,
the issue of safeguarding the investment in the information based products
would assume increasing importance. We, as consumers or
producers in the information chain, cannot afford to be ignorant
about the intellectual property rights!! Why?... Because
What You Don't Know
Can Hurt You!
Books, Articles and Reports on Intellectual Property
- Journal of Information, Law and Technology
- The Digital Dilemma: Intellectual Property in the Information Age (2000) Full-Text Book
- Professors
and Universities Anticipate Disputes Over the Earnings From
Distance Learning (The Chronicle of Higher Education,
June 5, 1998) Increasing realization of the intellectual property
value of the online courses is motivating universities to enforce
binding contracts on faculty to sign away their rights to the works
that they created. How do the universities and the professors ensure
that they retain ownership of what truly belongs to them?
- Trusted Systems (Steffik),Scientific American
March '97 Trusted systems, including hardware and software that can be relied on to follow specific
rules, are expected to enforce the usage rights and terms and conditions. Such systems are suggested to
ensure better enforcement of copyrights while allowing dissemination of works published on the net.
- Who Owns
Digital Works? (Okerson) The Scientific American July '96
articles
reviews the current state of copyright legislation while providing some
historical perspective. The article suggests that the current state of
legislation provides dominant right to the copyright owner: "anyone who
for any reason transfers a sequence of bits representing copyrighted information between computers
without permission of the copyright owner breaks the law."
- Avoiding
Patent, Copyright & Trademark Problems: What You Don't Know Can
Hurt You! (Thomas G. Field, Jr.) This discussion lays out the
steps one must take to avoid infringement of others' intellectual
property and also expects to encourage one to consider the options for
protecting one's own intellectual assets. Provides an overview of
patents, trademarks, and copyrights.
- Basic U.S.
Patent, Trademark & Copyright Information: Articles (Franklin
Pierce Law Center) A compilation of articles on intellectual
property primarily aimed at individuals and small businesses.
- Emerging
Law on the Electronic Frontier Articles from the first special
issue of Journal of Computer-Mediated Communication (June, 1996) on
this topic. Coverage includes electronic commerce, due process,
customary law, and privacy issues.
- Emerging
Law on the Electronic Frontier Articles from the second special
issue of Journal of Computer-Mediated Communication (September,
1996) on this topic. Coverage includes online gambling, safe
sys-oping, privacy, consumer protection, copyrights, and online
obscenity.
- IFLANET:
Copyright and Intellectual Property Resources Links to a number
of online articles, periodicals, international copyright regulations,
and selected countrywise resources on intellectual property.
- U.S. Copyright Office
Provides information on
Copyright
Registration, Copyright Information
Circulars, and related copyright topics.
- Copyright & Fair Use
(Stanford): Articles and Publications Contains the full text of
court decisions, legislation and international
copyright agreements, as well as articles related to the "fair use"
doctrine.
- Copyright's
New Digital Guardians A review of the new technological gizmos to
deter copyright infringement of online electronic [multimedia]
documents. In search for the silver bullet?
- Copyright
and Global Libraries: Going with the Flow of Technology (First Monday,
Nov. 1997) The paper argues in favor of an electronic access
model that makes copying 'inconvenient' for the user in contrast to the
current emphasis on technological deterrents that make it 'not
possible' to copy.
- A Nest
of Software Spies (Business Week, May 19, 1997) This news story of
software trade secret theft reads like a business thriller, however it
is very real... read how ex-employees walked off with a software
company's proprietary code and became its major competitors... until the
legal snafu...
- Law
Creeps Onto The Lawless Net The growth of the cyberspace has opened
the Pandorra's box for the country nations' legal regulators. Would they
be able to come up to the challenge... How can they establish the
jurisdiction of regional laws in the domain of cyberspace that doesn't
recognize regional boundaries. Meanwhile, Netizens insist on
self-governance and institutions that are geared to the norms of the
virtual world.
- Legal
Issues: Internet World Weekly feature on issues related to
intellectual property, confidentiality, privacy, copyrights etc.
- Cyberspace Law Institute Virtual
institute that studies and helps to develop new froms of law and
law-making required on the net.
- Online Ombuds Office Free
online mediation for settlement of online disputes related to Newsgroups
and Listservs, ISPs, Competitors, Spamming, Copyrights and Frauds.
- Readings
on Information and Intellectual Property
- Trademarks Issues Related to Internet Domains
- EFF
"Intellectual Property Online: Patent, Trademark, Copyright" Archive
- Articles by Pamela Samuelson, Professor, University of Pittsburgh
School of Law
- Panel
Discussion: Intellectual Properties Issues
- Farewell: My Logo: Counterfeiting Name Brands
- Copyrights:
What's Left?: Copyrights and World Wide Web
- U.S. Patents and Trademarks
Office contains a Site Index
and Search
Interfaces. Also see:
- Thomson & Thomson's
online interface to their research resources for intellectual
property issues, including Copyrights and Trademarks. Some
resources are available free of charge, while others require
registration and/or payment.
- U.S.
Copyright Law & Related Resources
- Online
Sources For Intellectual Property Law (IW)
- Privacy
Versus Profit: Who should own information?
- Networked
Intellectual Property: Brain-Ache Of The Decade
- Copyright
Law Meets the World Wide Web
- What
is Fair about Fair Use?
- Copyright
and Fair Use in the Digital Age: Q&A with Peter Lyman
- Intellectual
Property: The Jury Is the Judge (Upside, May 20, 1997) Reviews
the recent cases and developments in the Patent Law.
- Web
Concern Gets Patent for Electronic Business Model (New York Times, Aug.
10, 1998) Will the Priceline's claim of patent on its business
model kick off a new era of "name your own patent" or will it open a
new Pandorra's box of patent disputes on the specificity and the
generality of the patent laws?
- Against Software
Patents
- Copyright
and Fair Use in the Digital Age
- Copyright Online
and Electronic Publishing (Stephen Fishman)
- Long-Term
Intellectual Preservation
- Potential
Pitfalls in Multimedia Product Development (Norris & Bolender)
- GAO Reports on the
INTERNET
- U.S.
Government Printing Office: GPO Access Database
- CLIO: National Archives Gopher
- Berkeley
Technology Law Journal
- Federal
Communication Law Journal
- Harvard Journal of
Law & Technology
- Journal of
Online Law
- Electronic
Public Information Newsletter (EPIN) of EFF
- ReMailers
(EFF)
- Intellectual Property
Provisions of GATT
- NAFTA
and GATT - Intellectual Property Issues
Other Resources on Intellectual
Property
- Copyright Management Center Information includes 'Ownership: Who Owns What?', 'Registration: You can
register your copyrights', 'Software: Creation, use, copying and
licensing',
'Exemptions from Liability for Infringement: Users' Rights',
'Electronic Creation, Distribution and Use', 'Scholarly Publication:
Faculty as Authors, Distributors and Users', and related links. Also
provides a section on
Sample Agreements and Forms.
- Copyright
Resources Online (Yale)
- Copyright & Fair
Use (Stanford): Resources on the Internet
- ARVIC - A Guide To
Intellectual Property - Copyright, Trademark, Patents, etc.
- Intellectual
Property News (From Law Journal Extra!)
- Copyright
and Fair Use in the Digital Age: USC Libraries Lecture & Seminar
Series
- Harvard Journal of Law
& Technology WWW Site
- Smart Business
Supersite: Intellectual Property Rights
- The Technology Law Resource Site
(Jeff Kuester)
- FindLaw: Comprehensive
Resource on Law, Legal Issues, etc.
- Law Journal EXTRA!
- Franklin Pierce
Law Center: Online Law Center Resources
- Intellectual Property
Information
Mall
- Questel/Orbit
Intellectual Property Resources
- World Wide Web
Multimedia Law Site
- Ethics
and Intellectual Property Resources on the Web
- Glenn S. Bacal's
Indispensable Website for Lawyers
- Legal Research on
the Internet
- Business Software Alliance
- Software Publishers
Association
- Copyright and Online
Publication Sources
- Nolo Press: Law & Intellectual
Property References Also see their
Intellectual
Property site.
- Computing Researcher's Guide to Congress
- G7
Information Centre
Web
- Intellectual
Property
- Coalition for Networked Information
(Electronic Registering of Copyrights)
- Copyright Clearance
Center
- U.S. Patents at CNIDR
[U.S. Patent Bibliographic Data]
- Source
Translation & Optimization's (STO) Internet Patent Search System
- Global IP Estimator
Program to Estimate Patent & Trademark Applications (Priced)
- Library of
Congress's Thomas
- GPO Access Program
(Telnet)
- GPO Access through
Purdue WWW
- Unauthorized Hypertext
Guide to Congress
- GAO Government Accounting
Office
- History of the
Telecom Act of 1996
- Digital Object
Identifier (DOI) System
- Pacific Telesis
- Electronic Frontier Foundation
- Dept. of Commerce National
Telecommunications Information Administration
- International Telecommunications
Union
- Intellectual Property
Department, Hong Kong
Law and Intellectual Property
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SAMPLE OF FinTech PROJECTS LEADING GLOBAL FIRMS & NATIONAL ECONOMIES
FinTech Enterprise Risk-Model Risk Management meet Penetration Testing-Ethical Hacking
Cybersecurity & Cyber-Finance Risk Management: Strategies, Tactics, Operations, &, Intelligence: Enterprise Risk Management to Model Risk Management: Understanding Vulnerabilities, Threats, & Risk Mitigation
CSO-CxO Plenary Keynote, National Cybersecurity Summit, Altria Group Inc. Headquarters, VA, 2015
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A Framework for Pen Testing Network Protocols for Global Banking & Finance Call Centers: Bridging Networks, Systems, and, Controls Frameworks for Cybersecurity Curricula & Standards Development
(Innovative Design and Development Practices)
New York Cyber Security and Engineering Technology Association (NYSETA) Conference, 2015.
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29 SSRN Top-10 Paper Rankings in FinTech Quant Risk Analytics-Model Risk Management
- SSRN's Top-10 Paper: CGN: Risk Management Practice: January 2016.
- SSRN's Top-10 Paper: CGN: Risk Management, Including Hedging & Derivatives: January 2016.
- SSRN's Top-10 Paper: Corporate Governance Practice Series eJournal: January 2016.
- SSRN's Top-10 Paper: IRPN: Innovation & Cyberlaw & Policy: January 2016.
- SSRN's Top-10 Paper: Econometrics: Mathematical Methods & Programming eJournal: May 2015.
- SSRN's Top-10 Paper: Computational Techniques: May 2015.
- SSRN's Top-10 Paper: Information Systems & Economics eJournal: May 2015.
- SSRN's Top-10 Paper: Econometrics: Mathematical Methods & Programming eJournal: April 2015.
- SSRN's Top-10 Paper: ERN: Computational Techniques (Topic): April 2015.
- SSRN's Top-10 Paper: Econometric Modeling: Risk Management eJournal: March 2015.
- SSRN's Top-10 Paper: Econometric Modeling: Capital Markets - Risk eJournal: March 2015.
- SSRN's Top-10 Paperr: Econometric Modeling: Capital Markets - Risk eJournal: March 2015.
- SSRN's Top-10 Paper: MRN Operations Research Network eJournal: March 2015.
- SSRN's Top-10 Paper: OPER Subject Matter eJournal: March 2015.
- SSRN's Top-10 Paper: Systemic Risk (Topic): March 2015.
- SSRN's Top-10 Paper: Econometrics: Mathematical Methods & Programming eJournal: March 2015.
- SSRN's Top-10 Paper: Econometric & Statistical Methods - Special Topics eJournal: February 2015.
- SSRN's Top-10 Paper: Microeconomics: Decision-Making under Risk & Uncertainty eJournal: February 2015.
- SSRN's Top-10 Paper: VaR Value-at-Risk (Topic): February 2015.
- SSRN's Top-10 Paper: ERN: Uncertainty & Risk Modeling (Topic): February 2015.
- SSRN's Top-10 Paper: ERN: Econometric & Statistical Methods (Topic): February 2015.
- SSRN's Top-10 Paper: Computational Techniques (Topic): February 2015.
- SSRN's Top-10 Paper: OPER: Analytical (Topic): February 2015.
- SSRN's Top-10 Paper: ERN: Mathematical Methods & Programming (Topic): February 2015.
- SSRN's Top-10 Paper: Stochastic Models eJournal: February 2015
- SSRN's Top-10 Paper: Econometric Modeling: Capital Markets - Risk eJournal: January 2015.
- SSRN's Top-10 Paper: Microeconomics: Decision-Making under Risk & Uncertainty eJournal: January 2015.
- SSRN's Top-10 Paper: Uncertainty & Risk Modeling (Topic): January 2015.
- SSRN's Top-10 Paper: VaR Value-at-Risk (Topic): January 2015.
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Princeton University Invited FinTech Research Presentation on Model Risk Management
Pioneering the FinTech Future of Global Cyber Finance and Cyber Risk Insurance
'"It is this "true" uncertainty, and not risk, as has been argued, which forms the basis of a valid theory of profit and accounts for the divergence between actual and theoretical competition... It is a world of change in which we live, and a world of uncertainty...If we are to understand the workings of the economic system we must examine the meaning and significance of uncertainty; and to this end some inquiry into the nature and function of knowledge itself is necessary."
-- Frank H. Knight
in Risk, Uncertainty, and Profit
(Boston, MA: Hart, Schaffner & Marx; Houghton Mifflin Co), 1921.
(Boston, MA: Hart, Schaffner & Marx; Houghton Mifflin Co), 1921.
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'Knight Reconsidered':
Risk, Uncertainty, and, Profit for the Cyber Era:
Model Risk Management of
Cyber Insurance Models using
Quantitative Finance and Advanced Analytics
(Global Risk Management Network, LLC, 2015).
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Top Wall Street Banks' Model Risk Management Beyond VaR for Extreme Risks
FinTech Technical Expert to Top MDs Team for World's Largest Investment Bank
FinTech Markov Chain Monte Carlo Models and Bitcoin Block Chain Encryption Protocols
FinTech Computational Quantitative Cryptanalytic Algorithms for Cyber-Quantum Era
AACSB Recognizes Real Impact among Nobel Laureates such as Black-Scholes
Pioneered Anticipatory Risk Analytics Frameworks Applied by Top Investment Banks
“There are many examples illustrating that advances in basic research have had a substantial impact on practice. Exemplars of this phenomenon can be seen in finance through academic publications on the theories of portfolio selection (Markowitz, 1952), irrelevance of capital structure (Modigliani and Miller, 1958), capital asset pricing (Sharpe, 1964), efficient markets (Fama, 1965 and 1970), option pricing (Black and Scholes, 1973), and agency theory (Jensen and Meckling, 1976). All are well-known for their substantial impact on both theory and practice. In information systems, the research of Malhotra (Malhotra, 2004) has helped companies to understand why knowledge management systems fail...”
MORE... |
“The new business model of the Information Age, however, is marked by fundamental, not incremental, change. Businesses can't plan long-term; instead, they must shift to a more flexible "anticipation-of-surprise" model.”
-- Yogesh Malhotra in CIO Magazine interview, Sep. 15, 1999.
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Leading Global Enterprise Risk Management and Model Risk Management Practices
"The future is moving so quickly that you can’t anticipate it… We have put a tremendous emphasis on quick response instead of planning. We will continue to be surprised, but we won't be surprised that we are surprised. We will anticipate the surprise."
 20-Years of the Model Risk Management Program |
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“The new business model of the Information Age, however, is marked by fundamental, not incremental, change. Businesses can't plan long-term; instead, they must shift to a more flexible "anticipation-of-surprise" model.”
-- Yogesh Malhotra in CIO Magazine interview, Sep. 15, 1999.
[A Decade Later... Wall Street CEO, CFOs, & CROs know so... ] |
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Global-National Expert Panels of Computer Scientists & Quantitative Economists
Global-National Thought Leader for UN, NSF, US & World Governments & Parliaments
MORE...
Digital Transformation Research in Global Business & Technology Press
Digital Transformation Ventures in Global Business & Technology Press
MORE...
Digital Transformation Venture Clients, Patrons, & Subscribers
A sample of our corporate and organizational clients, patrons, and users is listed below:
FinTech Firms: Goldman Sachs, Google, HP, IBM, Intel, Microsoft, Ogilvy, Wells Fargo
Consulting Firms: Accenture, Ernst & Young, McKinsey, PricewaterhouseCoopers
World Governments: Australia, Canada, European Union, United Kingdom, United States
U.S. Defense: AFRL, Air Force, Army, CCRP, Comptroller, DISA, DoD, NASA, Navy, RAND
World Defense: Australia (Air Force), Canada (Defence R&D), UK (Ministry of Defence)
Business Schools: Harvard, MIT, Princeton, Stanford, UC Berkeley, Wharton
Associations: AACSB, ABA, ACM, AICPA, AOM, APICS, ASTD, ISACA, IEEE, INFORMS
"Founder Yogesh Malhotra says his vision is to fill the gaps between business and technology, data and knowledge, and, theory and practice..."
- Dr. Yogesh Malhotra in Fortune Interview |
MORE...
Cyber Transformation Practices Guiding US DoD Commanders & CxOs
("Obsolete what you know before others obsolete it..."
- Dr. Yogesh Malhotra in Inc. Interview) |
"If you spend some time at [the digital research lab] founded by Dr. Malhotra youwill be blessed by some of the world's most astute thinking on the nature of knowledge and its value."
- U.S. Army Knowledge Symposium, Theme: "Knowledge Dominance: Transforming the Army...from Tooth to Tail", US Department of Defense, United States Army. |
"There are many definitions of knowledge management. It has been described as "a systematic process for capturing and communicating knowledge people can use." Others have said it is "understanding what your knowledge assets are and how to profit from them." Or the flip side of that: "to obsolete what you know before others obsolete it." (Malhotra) "
- U.S. Department of Defense, Office of the Under Secretary of Defense (Comptroller) |
"KM is obsoleting what you know before others obsolete it and profit by creating the challenges and opportunities others haven't even thought about -- Dr. Yogesh Malhotra, in Inc. Technology Interview"
- U.S. Defense Information Systems Agency Interoperability Directorate |
MORE...
Top-3 Most Influential Scholars-Practitioners
in Knowledge Management
(Ranked in Drexel University Global Survey of IS Practice)
Dr. Yogesh Malhotra among other 'Vision Korea' National Campaign Keynote Speakers in Vision Korea National Campaign (2000): Dr.Charles Lucier of Booz Allen Hamilton, Dr.David Snowden of IBM, Dr.Robert H. Buckman of Buckman Labs, Dr.Hubert Saint-Onge of Canadian Imperial Bank of Commerce, Professor Dr.Ikujiro Nonaka of Hitotsubashi University
MORE... |
Pioneered Knowledge Management Digital Transformation Practices
Led Global Virtual Team of 200-PhD Experts & CxOs to Publish Pioneering Research
Published in
2000 |
Published in
2001 |
Journal Articles & Reports 1993-Present
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Published independent Study paper on computer graphics image compression standards for hypermedia computing technologies, the precursor of WWW, on MBA graduate research fellowship with B2B pioneer and full tuition scholarship in 1993.
MORE... |
Developed Top Digital Research Site, Search Engine, & Social Network
Top-Ranked Digital Research Site: Computerworld Best Web Site Award
Top-3 Search Engine: Carnegie Mellon University Industry.Net National Awards
Top-10 Social Network: Popular Rankings after LinkedIn
Led Global Virtual Community of Practice of 130,000+ to Pioneer Digital Transformation Practices
Millions of worldwide users included Global-2000 Corporations and G-20 World Governments.
Top-3 Search Engines Ranked in the Carnegie Mellon University: National Industry.Net Awards
