Different channels are used for intellectual property protection in commercial and legal domains. Historically, copyright has been used to protect works of art. You can't make a copy of an art work without permission. However, it's usually okay to take a photo of a status, or draw a model, even if the same person has been used by another artist with same clothes in same gesture.
Artist who made the iconic campaign poster of Senator Obama lost in a case when AP complained an AP picture was used to produce the poster. However, he lost because 1) the Black&Red poster was actually produced in Photoshop with the original AP photo; 2) he lied about it in the early stage of the trail.
Usually When an art work is found similar to another one, unless it's an exact copy, there's not much to say or to do. One well accepted principle is that you can't 'patent' an idea or a thought. The successfulness of an art piece is determined by the target, the method and the execution.
Showing posts with label Intellectual Property. Show all posts
Showing posts with label Intellectual Property. Show all posts
Saturday, April 16, 2011
Monday, September 01, 2008
Microsoft China Admitted Making Strike, Regrettably
Microsoft China admitted the behind curtain role in a legal action against software piracy. The Microsoft China chief director of intellectual protection Wu Haitao told media that Microsoft initialized the action which resulted an influential piracy software site, the Tomato Gardens, taken down by Chinese government, its operator arrested. However, Wu assured the media that Microsoft would not take action against individual personal users. Vice general manager of the Microsoft Greater China, Liu Fengming said Microsoft China foresaw a potential backfire from individual users, but didn't expected it to be as bad. Microsoft did not make the move, but rather hired an IP firm which allied several third party software vendor to fire the lawsuit. Nevertheless, the management at Microsoft China found sitting on a burning cushion with all the fingers pointed to Microsoft.
According to a survey conducted by a Chinese portal site, among 100,000 participated, only 5% back Microsoft's anti-piracy effort, while over 80% support the piracy site operator. Liu told the media that Microsoft had long been adopting a 'Three E' doctrine, that is 'Eduction, Engineering, and Enforcement' in China. Liu said Microsoft believe in a 'moderate' approach in intellectual protection. The main controversy surrounding this particular case is the site is individual oriented. So far, Microsoft's anti-piracy actions in China had been mostly targeting government and business clients.
Although government and business clients in China are buying more and more copies of Windows and Office Suites from the company, with China's average income level, it is obvious that the only possible way most individual person would be able to afford a computer at home would be running on a low cost operating system. So far, Microsoft has been maintaining a commending lead in the software market in China by allowing piracy as long as it is for personal use. If the ordinary users sense a tightening control of copy-right enforcement, they may switch to alternative low cost solutions, such as Linux, which Microsoft will be hate to see. Once individual users get used to using Linux at home, they may start trying out Linux at work, and that will be the end of game for the software giant.
According to a survey conducted by a Chinese portal site, among 100,000 participated, only 5% back Microsoft's anti-piracy effort, while over 80% support the piracy site operator. Liu told the media that Microsoft had long been adopting a 'Three E' doctrine, that is 'Eduction, Engineering, and Enforcement' in China. Liu said Microsoft believe in a 'moderate' approach in intellectual protection. The main controversy surrounding this particular case is the site is individual oriented. So far, Microsoft's anti-piracy actions in China had been mostly targeting government and business clients.
Although government and business clients in China are buying more and more copies of Windows and Office Suites from the company, with China's average income level, it is obvious that the only possible way most individual person would be able to afford a computer at home would be running on a low cost operating system. So far, Microsoft has been maintaining a commending lead in the software market in China by allowing piracy as long as it is for personal use. If the ordinary users sense a tightening control of copy-right enforcement, they may switch to alternative low cost solutions, such as Linux, which Microsoft will be hate to see. Once individual users get used to using Linux at home, they may start trying out Linux at work, and that will be the end of game for the software giant.
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