Software Patents and Piracy in China
Abstract
Software patents raise a lot of issues during the development of IT industry. As a legal action in protecting the ownership and intellectual property, software patents are applied to a wide range of codes, from source code, processes to OS, etc. It "provide exclusive rights to the patent holder to use and profit from the product or process in question." 1 This paper will discuss the general background and effects of software patents. After presenting its current law and situation in China and US, the Microsoft vs. Ju Ren Co. case shows the difference between these two regions. It suggests that enforcing intellectual property still has a long way to go in China. From ethical point of view, an analysis will be made in terms of the effects of software piracy. While both sides of the arguments will be represented, this paper provides a couple suggestions and concludes software pirate to be not ethical.
Introduction
Software patent is a legal action in giving adequate protections to the ownership of software. Unlike copyright protection, software patent protects the method and steps within a computer program and "provide exclusive rights to the patent holder to use and profit from the product or process in question."1 Even though software patent only became an issue in the recent couple of decades, the steady erosion of respect for patent definitely makes it a worldwide concern among software industry. In this paper we will discuss the different aspects of software patent and piracy by providing their background, definition and case analysis.
Software patents and piracy
There are over ten thousand software patents in the US, and each year several thousand more are issue...
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Intellectual Property in China http://www.fas.harvard.edu/~asiactr/haq/199903/9903a010.htm
"It Is Right To Pirate Software" Wang Xiaodong, Editor, Strategy and Management http://www.uscc.gov/itisri.pdf.
Security vs. Liberty in the Information Age February 22, 2000 T.K. Chang http://www.angelfire.com/stars/tkchang/Security_vs_Liberty.htm
China Copyright case Jason Romney http://technoculture.mira.net.au/hypermail/0004.html
Government Crackdown on Pirate Computer Software (China Daily 10/11/2001) http://www.china.org.cn/english/20331.htm
China's pirate industry thriving http://www.csmonitor.com/2002/0109/p6s1-wosc.html
The reason for pirate (Chinese) http://hellobye.nease.net/Personal/Solutionspersonal/Pirate.htm
Microsoft China (Chinese)http://www.microsoft.com/china/press/2000/1219.asp
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
The Red Scare in the 1950’s was actually America’s second red scare. The 1920’s red scare was what helped start suspicion over Communists, but was put off during World War 2. It was no coincidence that what many people called the second red scare ignited after World War 2, during the Cold War, in the 1950’s. The 1920’s red scare started because Americans were paranoid over the fact that Russia may seek revenge after they had overthrown a royal Russian family in 1917. What started Communist ideas in the U.S at the time was the fact that since the war was over many of people were out of jobs which caused people to ask how efficient was the government. The most successful and noteworthy of all the Soviet parties in the 1920’s had to be the International Workers of the World, which was also called the I.W.W or the Wobblies. The Wobblies first strike was on January 21 1919 where about 35,000 shipyard workers struck. They were immediately labeled reds, or Communists. After the first strike mass panic struck the U.S and many major chain stores had to reassure their customers that their workers would not revolt. A mayor named Ole Hansen from Seattle took the Wobblies strikes personally. Strikes continued over the next 6 months and were labeled as “crimes against society”, “conspiracies against the government” and even “plots to establish Communism”. This was when Attorney General A. “
Christianity had recently took hold in England at the time of the writing of Beowulf. Many people believe that Beowulf is a Christian story, when in fact it is not. Instead, the poem reflects a society that has a deep pagan background and has brought with it stories from its pagan past. Beowulf is a Germanic tale that was likely first composed in the first half of the eighth century, but it was not until the late tenth century that it was committed to parchment. At the time of its writing, the Germanic tribes were clearly pagan, as seen by such evidence in the text as Beowulf’s cremation at the end of the epic and the direct reference to swearing oaths at “pagan shrines” (line 175). As Christianity’s teachings and values began to take root in these pagan societies over the decades and eventual centuries, the stories of the Bible began to be worked into the tale as it was told, retold, and retold even again. When it came time to be written—probably by a Christian monk (or monks) whose beliefs, it is fair to say, flavored the work—the bards and storytellers had crafted an epic with the Christian permutations already in it. However, that is not to say that the writer was ignorant when it came to what message he desired to relate to the reader.
Pagan concepts are intertwined in this work, as is the nature of the time period. Fame was very important. Receiving status allowed one to prosper in this time and receive the best out of their life. Beowulf is enthralled with the idea of fame as he fights Grendel, but it is balanced out and reconciled with Christianity by his desire to protect his people. Vengeance was brought out when Beowulf tells Hrothgar to not grieve and that “It is always better to avenge dear ones than to indulge in mourning” (72 Simpson & David). Honor is disregarded when Beowulf’s men leave him to fight with the dragon. Wilgaf shames them and it can be inferred that they will be disregarded as warriors and nobles for their behavior. Protecting one’s master was essential during that time to receive food and shelter, in addition to having the Gods’ favor (Lawson). Christianity makes an appearance when it references the antagonist, Grendel, “a fiend out of hell” (43 Simpson & David) and the protagonist, Beowulf, whom the “Holy God, in His goodness, guided…to the West-Danes, to defend [Hrothgar and his subjects] from Grendel” (49 Simpson & David). Christianity was a prominent influence for authors of the Anglo-Saxon time period. The Christians had faith in God’s ability to determine their fate. If they lost a contest then God has decided they are not worthy of winning. Every day they will try to prove they are holy enough to have God’s grace and be saved from eternal damnation. The literature written was a reminder to the people to always do what is right and to avoid sinning. Because the only people who could write were priests, religion was added into stories when they were written and when previous works were transcribed. The presence of the church was ever present to ensure the obedience of the people. If all they were exposed to was religion that
The First and Second Red Scare of the United States paved the way for a long standing fear of communism and proved to be one of America’s largest periods of mass hysteria. Throughout the years authors and analysts have studied and formed expository albeit argumentative books and articles in an attempt to further understand this period of time; the mindset held during this period however is shown to be completely different compared to now.
Pagans do not believe in an afterlife. Pagans simply believe that there is nothing after living on Earth. The only way to live on after this life is to be something of a hero and have someone write poems of the hero. The people will tell stories about the hero and the hero will continue to live on in their memories. In lines 186-90, Beowulf explains after telling Hrothgar that he will be the one to kill Grendel, "...And if death does take me, send the hammered/Mail of my armor to Higlac, return/The inheritance I had from Hrethel, and he/From Wayland. Fate will unwind as it must!" This quote makes the reader think Beowulf is pagan. Fate is the paganistic belief that no matter what one does to prevent something from happening, it will happen anyway. Beowulf is also trying to become a hero which matches up with pagan beliefs. Why would killing Grendel make him a hero, one may ask? Grendel is a monster that has been killing the members of Herot Hall for years. Beowulf decides he nee...
The poem Beowulf is a renowned story that displays many different surroundings and religious beliefs. Some may believe the story of Beowulf portrays pagan beliefs or customs and others believe that the poem is more in agreement with Christian ethnicity. The author of Beowulf uses both Christian and pagan elements in the poem to define the heroic warrior, Beowulf, and the evil dragons. After reading Beowulf the author clearly shows how Beowulf is a man who is filled with Christian customs and is willing to die and defend the world against evil using the help of God.
Abstract: In 1995 Lance Rose and Esther Dyson wrote articles in Wired Magazine expressing polarized views on the future of copyright law and copyright infringement. This essay reviews those articles, analyzes each article's accuracy as defined by current trends years later.
Beowulf blends patristic references into a pagan narrative that previously focused only on Anglo-Saxon ideals. For 12 years, king Hrothgar has suffered at the hands of the terrible monster Grendel, who no man has been able to kill. However, when the mighty monster slayer Beowulf hears of Hrothgar’s plight, he at once goes forward to put an end to Grendel. Soon after they received fervent greetings on the Danish coast, the men prepare for the night, and Beowulf realizes that “God in His wisdom must allot the victory as He thinks fit” (43). Beowulf knows that he serves God, the resolver of all problems. The monks who altered the story taught that the pagan god Wyrd does not exist but merely acts as a capability of God. By getting rid of the main pagan god, the monks show God’s almighty power and his ability to control good and evil and decide right from wrong. All evil beings exist because they battled against God and lost; and for rebel...
Though the origins of the epic poem Beowulf lie in the Pagan Anglo-Saxon era, by the time it was recorded, most Saxons had converted to Christianity. The story seems to be told partly from a heathen point of view and also partly from a biblical. Beowulf seeks glory, crediting it to God, yet a lot of his works are said to have been fated, and he seems to be trying to earn immortality on the earth, and not in an afterlife or in heaven. To determine the role of religion in the poem, the difference between fate and God’s providence must be examined, and examples of Pagan beliefs and Christian beliefs in the story should be discussed.
The main difference between a villain and a hero are his morals and his ethics. Both morals and ethics relate to how one perceives right and wrong. However, morals is how one perceives right and wrong on an individual level, while ethics has to do with a group of people, and is usually given from an outside source, for example religion or profession. Hero ethics are to uphold what’s right and make sure justice is carried out. While a villains ethics are to cause havoc and chaos.
Beowulf is torn between his Christian heart to help the people as well as the selfish reward of Paganism. Though he wants the Christian’s respect he thrives for the satisfaction of fighting. Beowulf is known as a hero and in that aspect he believes he should be the one to defeat Grendel. Beowulf despises weapons but relies on his strength. This is just one of many battles that suggest Beowulf was a Pagonist. He also would drink and tended to kill people and creatures, which also leads to the speculations of Paganism.
Beowulf’s three great fights - the main events of the poem - show the deficiencies in Beowulf’s characters in contrast with the Christian belief. Beowulf possesses many pagan traits, such as pride and might and courage, which are considered virtuous by the pagans. However, from a Christian perspective, Beowulf is not entirely virtuous and his actions seem to be contradicting. Nevertheless, although Beowulf’s character flaws have killed him in the end, he is still an admirable hero that deserves respect from both Christians and pagans.
However pagan and Christian elements are balanced in the poem’s final pages creating an adequate ending. Before Beowulf leaves to fight the dragon, he gives one last speech, announcing, “[he] shall win the gold / by my courage, or else mortal combat, / doom of battle, will bear your lord away” (2535-2537). Beowulf accepts that he might die battling the dragon, without any bitterness, which is a common pagan element. Pagan beliefs are mostly pessimistic because pagans believe that fame is the only guarantee to immortal life. Another example of this pagan theme is mentioned in the same passage with Christian themes during Beowulf’s last words: “To the everlasting Lord of All, / to the King of Glory, I give thanks / … Order my troop to construct a barrow / … / It will loom on the horizon at Hronesness / and be a reminder among my people" (2794-2805). Beowulf gives thanks to God and asks to be buried in a tomb, a common Christian tradition, rather than the typical pagan funeral which was described in the beginning of the poem during Shield Sheafson 's funeral. In addition to Christian beliefs, this passage also includes pagan ideals. Beowulf wanted his barrow, or burial mound, to be visible to all his people so that they could remember him, which is a pagan element, the belief that fame was the only guarantee to immortality. The balance between Christian and pagan principles at
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20