Intellectual property, whether it comes to protection of consumers, technologies, innovations, or even "starting twitter feuds" (yes this is real), it relations to governmental laws with web 2.0 services is a rather new frontier that is still constantly being tackled of governments throughout the world.
With the growing pace of technology, government and its regulations are rather anticipatory to it than mitigating. As one cannot expect what new technologies releases, or what is the biggest new thing, government needs to quickly adapt these technologies when dealing with legal matters to truly have a hold on things. Unfortunately, for that to happen you need a constantly active congressional session handling every little technological affair, and that is rather costly. Sometimes we can't even predict the correct scenario for some of the laws, especially intellectual property, based on who exactly owns the rights to the work submitted/shared/sold online! for example look at this picture:
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| pretty good pic |
This picture is currently going to court to see whether the monkey owns the rights to the distribution of the picture for his selfie, even though it was taken on another person's phone (yes PETA is the one fronting this case...and yes, PETA can be crazy...). This case can throw a wrench in copyright laws and the handling on IP laws on the internet, due to the extent of how much a photograph of something or someone really can mean to those laws based on accusations of who exactly posted it (Kravetz, 2017)!
In terms of E-Commerce, or property of technological properties, China is a major thorn in the US(Rather the world's) side due to the high production of counterfeit, or practical knock-offs of specific products or IPs. This is due to China's current ease of IP theft from its "forced technology transfers" (U.S. business must hand over IP to chinese partners to do business there), lax competition laws that interfere with IP rights of other nations, and limited outreach on E-Commerce (which it has been slowly improving!) (Okun, 2017; Melnicoe, 2017).
In terms of big data and social networks, other countries such have Japan also taken charge of who in fact owns the "Big Data". In this case Japan sided with the companies that collect the metadata of where your devices have checked out, your cars have driven, and so on (Nikkei Asian Review, 2017). This collection of data would only be IP eligible if it is deemed "valuable" to business activity, and amassing and storing would be considered a great deal of effort, depending on the industry collecting specific data and how they did (Nikkei Asian Review, 2017). While this is great in spurring industries to actually use data without massive legal issue (as the data they collected is theirs), it does bring up some major questions in how citizens own privacy related to this big data. What once was an open collection of information that may be personal to the citizen is now eligible to be the IP of someone else, because lets face it, all data will be deemed "valuable" and amassing/storage of it would be considered a great deal of effort. Governments must find ways to make both the consumer and producer happy when dealing with IP and big data conundrums. To those reading, what are you beliefs of your data considered the IP of someone else?
In terms of promotion of IP, the government does try to get people to understand or at least appreciate the ability of personal protection of rights (though through some of the dumbest ways ).
See you all next week! For now, I got a date to the best show on TV tonight at the Civic Center...so hyped for the WWE house show!
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| Oh, please please please be there |
Sources:
Nikkei Asian Review. (2017, March 12). Big Data to
get intellectual property protection in Japan. Retrieved from Nikkei Asian
Review:
http://asia.nikkei.com/Politics-Economy/Economy/Big-data-to-get-intellectual-property-protection-in-Japan
Kravets, D. (2017, July 15). Animal Rights? Monkey
selfie case may undo evolutions of the Internet. Retrieved from
arsTechnica: https://arstechnica.com/tech-policy/2017/07/animal-rights-monkey-selfie-case-may-undo-evolution-of-the-internet/
Melnicoe, M. (2017, January 26). China's Draft
E-Commerce Law Aims to Protect IP Rights. Retrieved from Bloomberg BNA:
https://www.bna.com/chinas-draft-ecommerce-n73014450306/
Okun, D. T. (2017, March 10). US must bolster fight
with China over intellectual property rights. Retrieved from The Hill:
http://thehill.com/blogs/pundits-blog/economy-budget/323346-us-must-bolster-fight-with-china-over-intellectual-property
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