Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are copyrights, patents, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems.
Warez is a common computing and broader cultural term referring to pirated software that is distributed via the Internet. Warez is used most commonly as a noun, a plural form of ware, and is intended to be pronounced like the word wares. The circumvention of copy protection (cracking) is an essential step in generating warez, and based on this common mechanism, the software-focused definition has been extended to include other copyright-protected materials, including movies and games. The global array of warez groups has been referred to as "The Scene", deriving from its earlier description as "the warez scene". Distribution and trade of copyrighted works without payment of fees or royalties generally violates national and international copyright laws and agreements. The term warez covers supported as well as unsupported (abandonware) items, and legal prohibitions governing creation and distribution of warez cover both profit-driven and "enthusiast" generators and distributors of such items.
A license is an official permission or permit to do, use, or own something.
Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster peer-to-peer file-sharing client in 2001 that used the FastTrack protocol. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Court's decision in MGM Studios, Inc. v. Grokster, Ltd. The court ruled against Grokster's peer-to-peer file sharing program for computers running the Microsoft Windows operating system, effectively forcing the company to cease operations.
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.
A software licensing audit or software compliance audit is an important sub-set of software asset management and component of corporate risk management. When a company is unaware of what software is installed and being used on its machines, it can result in multiple layers of exposure.
In a series of legal disputes between SCO Group and Linux vendors and users SCO alleged that its license agreements with IBM meant that source code IBM wrote and donated to be incorporated into Linux was added in violation of SCO's contractual rights. Members of the Linux community disagreed with SCO's claims; IBM, Novell and Red Hat filed claims against SCO.
Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are extremely common in the PRC. The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its 2016 China Business Climate Survey Report, and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while protection of trade secrets lags far behind. Many US companies have claimed that the Chinese government has stolen their intellectual property sometime in 2009–2019.
Software asset management (SAM) is a business practice that involves managing and optimizing the purchase, deployment, maintenance, utilization, and disposal of software applications within an organization. According to ITIL, SAM is defined as “…all of the infrastructure and processes necessary for the effective management, control, and protection of the software assets…throughout all stages of their lifecycle.” Fundamentally intended to be part of an organization's information technology business strategy, the goals of SAM are to reduce information technology (IT) costs and limit business and legal risk related to the ownership and use of software, while maximizing IT responsiveness and end-user productivity. SAM is particularly important for large corporations regarding redistribution of licenses and managing legal risks associated with software ownership and expiration. SAM technologies track license expiration, thus allowing the company to function ethically and within software compliance regulations. This can be important for both eliminating legal costs associated with license agreement violations and as part of a company's reputation management strategy. Both are important forms of risk management and are critical for large corporations' long-term business strategies.
The Gowers Review of Intellectual Property was an independent review of UK intellectual property (IP) focusing on UK copyright law that was published in December 2006. The then Chancellor of the Exchequer Gordon Brown commissioned Andrew Gowers to lead the review in December 2005. The Review was published on 6 December 2006 as part of the Chancellor's annual pre-budget report. The review concludes that the UK's intellectual property system is fundamentally strong but made 54 recommendations for improvements.
"Piracy is theft" was a slogan used by UK non-profit organization FAST. It was first used in the 1980s and has since then been used by other similar organisations such as MPAA. It has also been used as a statement, although that has been challenged as being inaccurate.
International standards in the ISO/IEC 19770 family of standards for IT asset management address both the processes and technology for managing software assets and related IT assets. Broadly speaking, the standard family belongs to the set of Software Asset Management standards and is integrated with other Management System Standards.
The Software Alliance, also known as BSA, is a trade group established by Microsoft in 1988 to represent commercial software makers. It is a member of the International Intellectual Property Alliance. Its principal activity is trying to stop copyright infringement of software produced by its members. Founded as the Business Software Alliance, it dropped "Business" from its name in October 2012, and styles itself "BSA | The Software Alliance".
Publishers' Licensing Services (PLS), formerly The Publishers Licensing Society, is a not-for-profit organisation that represents many book, magazine and journal publishers based in the United Kingdom. PLS works to ensure that publishers are fairly compensated for any copying of their works through the collective licensing scheme, among other rights management services, which have become an increasing important secondary revenue stream for publishers. Its primary goal is to oversee collective licensing in the UK for book, journal, magazine and website copying. The society was established in 1981. Together with the Authors' Licensing and Collecting Society, PLS own and direct the Copyright Licensing Agency. They also work in partnership with NLA media access.
Copyright infringement is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
Oxford University Innovation Limited (OUI) is a British technology transfer and consultancy company created to manage the research and development (R&D) of University spin-offs. OUI is a wholly owned subsidiary of the University of Oxford, and is located on Botley Road, Oxford, England. OUI was previously known as Isis Innovation (1988–2016) and Oxford University Research and Development Ltd (1987–1988).
The Copyright Licensing Agency (CLA) is a UK non-profit organisation established in 1983 to perform collective licensing on behalf of its members the Authors' Licensing and Collecting Society (ALCS), Publishers' Licensing Services(PLS), the Design and Artists Collecting Society (DACS) and PICSEL. The Copyright Licensing Agency is based in 5th Floor, Shackleton House, 4 Battle Bridge Lane, London, SE1 2HX.
A patent box is a special very low corporate tax regime used by several countries to incentivise research and development by taxing patent revenues differently from other commercial revenues. It is also known as intellectual property box regime, innovation box or IP box. Patent boxes have also been used as base erosion and profit shifting (BEPS) tools, to avoid corporate taxes.
The protection of intellectual property (IP) of video games through copyright, patents, and trademarks, shares similar issues with the copyrightability of software as a relatively new area of IP law. The video game industry itself is built on the nature of reusing game concepts from prior games to create new gameplay styles but bounded by illegally direct cloning of existing games, and has made defining intellectual property protections difficult since it is not a fixed medium.
An intellectual property policy comprises the policies and procedures set up by a company, a state, or an institution that relate to creating, using or disseminating intellectual property. The purpose of the intellectual property policy is to foster the creation and dissemination of knowledge and to provide certainty in individual and institutional rights associated with ownership and with the distribution of benefits that may be derived from the creation of intellectual property.
