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Other Added - Protecting Intellectual Property
One of the biggest problems facing many low traffic sites, is a poor page rank. Without a reasonable page rank, a blog or site is basically useless and chances of it generating any revenue or doing anything useful are practically nil.Since the blog or site hardly receives any traffic, it will need special features and special advantages to make it stand out and enable the webmaster or blogger to create opportunities for revenue generation and growth.That something special about your low traffic can be the content. But even more valuable would be a good high page rank.Page rank is usually on a scale of zero to 10 and this is a measurement by Google to show the value of a site or how significant it is.Let me give you one practical example. One of the ways that a low traffic site can quickly gather increased traffic and also get out of the so called Google sandbox is by having other sites link to it. The easiest and best way to start off is by exchanging reciprocal links with other sites. Exchanging links has the potential of both increasing traffic dramatically and also improving both youir page rank and position in search engine results.<
TRADE SECRETS
A trade secret is much different than a copyright. Basically, it represents some unique formula, design or idea. Perhaps the best known example of a trade secret is the Coca-Cola syrup formula which is strictly protected in a vault. There are essentially two elements for establishing a trade secret; first, that it is a "unique" idea or formula, that it has distinguishable characteristics or properties to differentiate it from others, and; second, that you can demonstrate you are taking effective safeguards to protect it from unauthorized use (hence, making it a "sec
In the not to distant past businesses were able to succeed simply with salespeople having a knowledgeable understanding of their products, some good old personal charm (people skills) and ambition.But in today’s terrorized world, complex global economy, and intensely competitive business environment, salespeople from the small mom and pop to large corporate giants in every market face unprecedented challenges.We heard several years back that technology, along with the Internet, set up an even playing field for all businesses. Many thought that technological innovation would be their magic potion for success in business. It is true that many have had an unequal advantage in business and life because of technology. But, remember the Dot.Com bubble that burst?Communications, science, art, medicine, automation, supply chain and products have all been reinvented and have brought about a more intense competitive advantage for many. And with that comes more unearthing challenges.With an economy that is rebounding -- growth is slowing in many markets and industries. Customers are growing more fragmented in their purchases and less loyal, less trusti
INTRODUCTION
The protection of intellectual property should be a significant concern to all Information Technology organizations. Without protection, commercial hardware/software vendors would quickly evaporate as others would inevitably steal their designs and programs. Corporate developers would also suffer if their ideas, inventions, and programs were misappropriated thereby causing them to lose their competitive advantage. In fact, our corporate landscape and standard of living would be radically different if we had no such protection. Fortunately, the framers of the U.S. Constitution were wise enough to implement legislation safeguarding the authorship and ownership of literature, art, and inventions, thus causing the United States to flourish in the arts and sciences. But the advent of the computer caused us to reconsider how we safeguard such property. For example, the concept of a computer program has been a bit nebulous to some people; should the source code be protected by copyright? What about the object code (executable)? Attorneys have been debating this subject over the last thirty years and there is still general confusion in the field.
In 1974, MBA embarked on our own lawsuit to protect the "PRIDE" methodology. This was a lengthy legal battle which took the courts into unchartered waters. At the time, "PRIDE" was nothing more than a methodology implemented with printed manuals and forms (no software support at the time). To safeguard our product, our lawyers drafted a standard nondisclosure agreement which all prospective buyers would sign prior to our sales presentation. Further, our contracts included similar verbiage instructing the customer to safeguard the physical embodiment of the product and not to divulge it to unauthorized third parties.
We were contacted by Arthur Young & Company in 1974 to conduct a "PRIDE" sales presentation for one of their consulting clients in Milwaukee, Wisconsin; the Harley Davidson Motorcycle Company (then a division of AMF). The attendees signed the nondisclosure agreement and the presentation was conducted as usual. Following the presentation, MBA was informed that Harley wouldn't be purchasing our product, and that Arthur Young would be developing a similar methodology for Harley instead. This made MBA suspicious, particularly since one of Young's consultants was a former "PRIDE" user. Consequently, MBA initiated a lawsuit over misappropriation of trade secrets.
This turned into a long and ugly legal battle which lasted eight years. Basically, the lawyers for the opposition contended that since the "PRIDE" materials had copyright notation printed on them, they were in the public domain. In contrast, it was our contention that "PRIDE" was a trade secret, In the end, we won the lawsuit and "PRIDE" was proven to be a trade secret in a court of law. This litigation established many precedents and is often referenced in similar cases; for additional information, see:
Chicago-Kent College of Law http://www.kentlaw.edu/perritt/honorsseminar/honorssemts2.htm
Library Law http://www.librarylaw.com/ip-kirschner3.html
Many years have gone by since the verdict was passed. In 1989, Arthur Young & Company merged with Ernst and Ernst (now called Ernst & Young), the principals of the case have moved on and we no longer bear any ill-will towards the company. Further, "PRIDE" was placed on the Internet in 2004 (with copyright notation).
As a result of the lawsuit, MBA learned a lot about the protection of intellectual property. I may not be an attorney, but you may look upon this as a convenient primer to protect yourself.
COPYRIGHTS
Copyright is primarily concerned with the authorized reproduction of such things as text, graphics, music, and audio/video recordings. As such, it protects publishers, authors, artists, and designers from unauthorized republication or redistribution of their work. Not too long ago, in order for a copyright to be enforceable, it had to be registered with the copyright office. However, the laws were somewhat loosened in 1976 whereby copyright protection is now effective from the moment the work is first created in fixed form. Although the use of copyright notation is no longer mandatory, it is highly beneficial to include it whenever possible to indicate your work is protected by copyright. Notation typically appears as:
"Copyright © 2002 ABC Company"
Since computer program source code is written as text, it is a wise idea to add such notation in the source code. But understand this, copyright only protects the work from unauthorized reproduction, it does not protect the author's ideas (which is how the lawyers of Arthur Young argued against us). Although the exact source code cannot be reused, it does not protect the logic of the program. To illustrate, suppose a new employee brings with him some source code from his last place of employment. Copyright protection would prohibit him from reusing the source code, but it wouldn't stop him from using the ideas contained in the program. Unfortunately, most programmers do not like to reinvent the wheel and, as such, frequently reuse source code over and over again. From this perspective, probably every company with an I.T. department is guilty of some form of copyright infringement.
TRADE SECRETS
A trade secret is much different than a copyright. Basically, it represents some unique formula, design or idea. Perhaps the best known example of a trade secret is the Coca-Cola syrup formula which is strictly protected in a vault. There are essentially two elements for establishing a trade secret; first, that it is a "unique" idea or formula, that it has distinguishable characteristics or properties to differentiate it from others, and; second, that you can demonstrate you are taking effective safeguards to protect it from unauthorized use (hence, making it a "secr
I had looked around for some time for an easy, inexpensive, secure, and reliable way to sell our company's low-priced printable games. Many online service providers that allow you to sell and track downloadable media such as your own e-Books, music, games, and phone cards charge a hefty set-up fee, a high monthly maintenance fee, and often a substantial commission on your product sales on top of that! So we were delighted to stumble across E-junkie.com.Initially, we thought there had to be some catch, but we decided to take advantage of their free trial to test the system, and our experience has been wonderful! Not only was E-junkie.com significantly less expensive than its competitors, starting at $5 a month with no additional costs, especially if you are selling a limited number of products, but the features were on par with the more expensive companies, the staff is technically competent and knowledgeable, the system has worked flawlessly for us so far, it was easy to set up, and they are very willing to help with your setup and even customize the particular features you need to run your unique business.E-junkie's service works seamlessly with PayPa
In 1974, MBA embarked on our own lawsuit to protect the "PRIDE" methodology. This was a lengthy legal battle which took the courts into unchartered waters. At the time, "PRIDE" was nothing more than a methodology implemented with printed manuals and forms (no software support at the time). To safeguard our product, our lawyers drafted a standard nondisclosure agreement which all prospective buyers would sign prior to our sales presentation. Further, our contracts included similar verbiage instructing the customer to safeguard the physical embodiment of the product and not to divulge it to unauthorized third parties.
We were contacted by Arthur Young & Company in 1974 to conduct a "PRIDE" sales presentation for one of their consulting clients in Milwaukee, Wisconsin; the Harley Davidson Motorcycle Company (then a division of AMF). The attendees signed the nondisclosure agreement and the presentation was conducted as usual. Following the presentation, MBA was informed that Harley wouldn't be purchasing our product, and that Arthur Young would be developing a similar methodology for Harley instead. This made MBA suspicious, particularly since one of Young's consultants was a former "PRIDE" user. Consequently, MBA initiated a lawsuit over misappropriation of trade secrets.
This turned into a long and ugly legal battle which lasted eight years. Basically, the lawyers for the opposition contended that since the "PRIDE" materials had copyright notation printed on them, they were in the public domain. In contrast, it was our contention that "PRIDE" was a trade secret, In the end, we won the lawsuit and "PRIDE" was proven to be a trade secret in a court of law. This litigation established many precedents and is often referenced in similar cases; for additional information, see:
Chicago-Kent College of Law http://www.kentlaw.edu/perritt/honorsseminar/honorssemts2.htm
Library Law http://www.librarylaw.com/ip-kirschner3.html
Many years have gone by since the verdict was passed. In 1989, Arthur Young & Company merged with Ernst and Ernst (now called Ernst & Young), the principals of the case have moved on and we no longer bear any ill-will towards the company. Further, "PRIDE" was placed on the Internet in 2004 (with copyright notation).
As a result of the lawsuit, MBA learned a lot about the protection of intellectual property. I may not be an attorney, but you may look upon this as a convenient primer to protect yourself.
COPYRIGHTS
Copyright is primarily concerned with the authorized reproduction of such things as text, graphics, music, and audio/video recordings. As such, it protects publishers, authors, artists, and designers from unauthorized republication or redistribution of their work. Not too long ago, in order for a copyright to be enforceable, it had to be registered with the copyright office. However, the laws were somewhat loosened in 1976 whereby copyright protection is now effective from the moment the work is first created in fixed form. Although the use of copyright notation is no longer mandatory, it is highly beneficial to include it whenever possible to indicate your work is protected by copyright. Notation typically appears as:
"Copyright © 2002 ABC Company"
Since computer program source code is written as text, it is a wise idea to add such notation in the source code. But understand this, copyright only protects the work from unauthorized reproduction, it does not protect the author's ideas (which is how the lawyers of Arthur Young argued against us). Although the exact source code cannot be reused, it does not protect the logic of the program. To illustrate, suppose a new employee brings with him some source code from his last place of employment. Copyright protection would prohibit him from reusing the source code, but it wouldn't stop him from using the ideas contained in the program. Unfortunately, most programmers do not like to reinvent the wheel and, as such, frequently reuse source code over and over again. From this perspective, probably every company with an I.T. department is guilty of some form of copyright infringement.
TRADE SECRETS
A trade secret is much different than a copyright. Basically, it represents some unique formula, design or idea. Perhaps the best known example of a trade secret is the Coca-Cola syrup formula which is strictly protected in a vault. There are essentially two elements for establishing a trade secret; first, that it is a "unique" idea or formula, that it has distinguishable characteristics or properties to differentiate it from others, and; second, that you can demonstrate you are taking effective safeguards to protect it from unauthorized use (hence, making it a "sec
You’re sitting in front of a computer with your headphones on and your right foot on a pedal. You’re listening to a doctor’s medical report (patient’s assessment, diagnosis, therapeutic procedures, etc.) recorded through a high-tech recorder and converted into an audio file in your computer. You encode the report making sure that you get every medical word loud and clear including the medications, with correct spelling and grammar. You play the audio file over and over again to catch up with the doctor’s dictation to be sure that everything he said was encoded.This is not just pure secretarial work but doing medical transcription. This work is as crucial as that of a nurse although the focus is more on converting the doctor’s oral report into text. But nevertheless, a medical transcriptionist (MT) still plays an important role as his or her output becomes a vital document of every physician. Most hospitals in the U.S. require their all data to be in digital format hence, the need for medical transcription.Medical transcription is no easy job as training and experience are required. You are paid well, too, as much as that of a nurse. Each year, approximate
This turned into a long and ugly legal battle which lasted eight years. Basically, the lawyers for the opposition contended that since the "PRIDE" materials had copyright notation printed on them, they were in the public domain. In contrast, it was our contention that "PRIDE" was a trade secret, In the end, we won the lawsuit and "PRIDE" was proven to be a trade secret in a court of law. This litigation established many precedents and is often referenced in similar cases; for additional information, see:
Chicago-Kent College of Law http://www.kentlaw.edu/perritt/honorsseminar/honorssemts2.htm
Library Law http://www.librarylaw.com/ip-kirschner3.html
Many years have gone by since the verdict was passed. In 1989, Arthur Young & Company merged with Ernst and Ernst (now called Ernst & Young), the principals of the case have moved on and we no longer bear any ill-will towards the company. Further, "PRIDE" was placed on the Internet in 2004 (with copyright notation).
As a result of the lawsuit, MBA learned a lot about the protection of intellectual property. I may not be an attorney, but you may look upon this as a convenient primer to protect yourself.
COPYRIGHTS
Copyright is primarily concerned with the authorized reproduction of such things as text, graphics, music, and audio/video recordings. As such, it protects publishers, authors, artists, and designers from unauthorized republication or redistribution of their work. Not too long ago, in order for a copyright to be enforceable, it had to be registered with the copyright office. However, the laws were somewhat loosened in 1976 whereby copyright protection is now effective from the moment the work is first created in fixed form. Although the use of copyright notation is no longer mandatory, it is highly beneficial to include it whenever possible to indicate your work is protected by copyright. Notation typically appears as:
"Copyright © 2002 ABC Company"
Since computer program source code is written as text, it is a wise idea to add such notation in the source code. But understand this, copyright only protects the work from unauthorized reproduction, it does not protect the author's ideas (which is how the lawyers of Arthur Young argued against us). Although the exact source code cannot be reused, it does not protect the logic of the program. To illustrate, suppose a new employee brings with him some source code from his last place of employment. Copyright protection would prohibit him from reusing the source code, but it wouldn't stop him from using the ideas contained in the program. Unfortunately, most programmers do not like to reinvent the wheel and, as such, frequently reuse source code over and over again. From this perspective, probably every company with an I.T. department is guilty of some form of copyright infringement.
TRADE SECRETS
A trade secret is much different than a copyright. Basically, it represents some unique formula, design or idea. Perhaps the best known example of a trade secret is the Coca-Cola syrup formula which is strictly protected in a vault. There are essentially two elements for establishing a trade secret; first, that it is a "unique" idea or formula, that it has distinguishable characteristics or properties to differentiate it from others, and; second, that you can demonstrate you are taking effective safeguards to protect it from unauthorized use (hence, making it a "sec
You wake up in the morning, head to work, and find out your company is downsizing and you are being laid off. No big deal you think, you have experience, you've worked at the same company for years. You think companies will WANT to hire you. Guess what, your wrong. It’s a new day and age, while you may potentially find work. It’s a lot more difficult than you may think to get a job these days. Most reputable companies are looking for qualified people who also have an education.Through the companies eyes, they see an education as a sign of dedication to a career/field. Without an education, you are liable to get up and move to a different career in a heart beat as you don't have years of education backing you up. A company knows that when you have an education you are in for the long haul.People with an education are a commodity these days, if you don't have one, many companies won't even go beyond glancing at your resume. So what can you do, to prevent a situation like the one I've outlined above from happening? If you currently have a job, you can start working on attaining some form of education at one of the many accredited online schools.ion of intellectual property. I may not be an attorney, but you may look upon this as a convenient primer to protect yourself.
COPYRIGHTS
Copyright is primarily concerned with the authorized reproduction of such things as text, graphics, music, and audio/video recordings. As such, it protects publishers, authors, artists, and designers from unauthorized republication or redistribution of their work. Not too long ago, in order for a copyright to be enforceable, it had to be registered with the copyright office. However, the laws were somewhat loosened in 1976 whereby copyright protection is now effective from the moment the work is first created in fixed form. Although the use of copyright notation is no longer mandatory, it is highly beneficial to include it whenever possible to indicate your work is protected by copyright. Notation typically appears as:
"Copyright © 2002 ABC Company"
Since computer program source code is written as text, it is a wise idea to add such notation in the source code. But understand this, copyright only protects the work from unauthorized reproduction, it does not protect the author's ideas (which is how the lawyers of Arthur Young argued against us). Although the exact source code cannot be reused, it does not protect the logic of the program. To illustrate, suppose a new employee brings with him some source code from his last place of employment. Copyright protection would prohibit him from reusing the source code, but it wouldn't stop him from using the ideas contained in the program. Unfortunately, most programmers do not like to reinvent the wheel and, as such, frequently reuse source code over and over again. From this perspective, probably every company with an I.T. department is guilty of some form of copyright infringement.
TRADE SECRETS
A trade secret is much different than a copyright. Basically, it represents some unique formula, design or idea. Perhaps the best known example of a trade secret is the Coca-Cola syrup formula which is strictly protected in a vault. There are essentially two elements for establishing a trade secret; first, that it is a "unique" idea or formula, that it has distinguishable characteristics or properties to differentiate it from others, and; second, that you can demonstrate you are taking effective safeguards to protect it from unauthorized use (hence, making it a "sec
In the simplest of terms, mortgage lenders are anyone who lends money for the purpose of purchasing a home. Typically, the financial institutions that most people think about are banks. Over the last few years, insurance companies and others in the finance industry have discovered the value in becoming a mortgage lender.As more companies become mortgage lenders, the need for guides through the sea of options has emerged. Mortgage brokers are springing up to meet that need. Unfortunately, people who are unfamiliar with mortgages often get the brokers and lenders confused. They don’t always understand that the mortgage broker, who they have dealt with all along and who they have built a rapport with, is not the person who will be handling their loan. Often, the company isn’t even located in the same city. Mortgage brokers work with mortgage lenders from all over the country.Mortgage lenders usually service a loan in house. On some occasions, they may sell a loan to another party, but this will be in the final print of the loan. If keeping your mortgage local is important to you, then make the condition that your loan will stay in house for its full
TRADE SECRETS
A trade secret is much different than a copyright. Basically, it represents some unique formula, design or idea. Perhaps the best known example of a trade secret is the Coca-Cola syrup formula which is strictly protected in a vault. There are essentially two elements for establishing a trade secret; first, that it is a "unique" idea or formula, that it has distinguishable characteristics or properties to differentiate it from others, and; second, that you can demonstrate you are taking effective safeguards to protect it from unauthorized use (hence, making it a "secret"). In the lawsuit over "PRIDE", we were able to successfully demonstrate that "PRIDE" was unique and that we had taken adequate steps to safeguard unauthorized use (our nondisclosure agreement).
PATENTS
A patent is similar to a trade secret in that the inventor has a unique idea or device he wishes to prevent others from producing. To implement a patent, the idea or device must be registered with the U.S. Patent and Trademark Office. A registration process is required which includes a fee. For an invention to be patented, it must be proven to be unique, useful, and not of an obvious nature. If a patent is granted, the inventor is protected from others producing a similar invention for a limited period of time (20 years). The patent is renewable at the end of this period.
The computer field makes active use of patents to establish unique inventions and protect them from others For example, IBM typically registers the most patents each year, both hardware and software.
TRADE MARKS/SERVICE MARKS
A trademark is an arbitrary word, name, symbol, or device used to distinguish a particular product. A service mark is similar except it is used to distinguish a particular service. For example, "PRIDE" is the registered trademark of M. Bryce & Associates.
Like a patent, the trade/service mark has to be registered with the U.S. Patent and Trademark Office. And, Yes, a registration fee is required. Notation normally accompanies the trademark to indicate it is registered ®. Use of such notation should be encouraged so that others know your product or service is a trademark.
A trade/service mark means no other company can use it to offer a competing product or service unless authorized by the company holding its title. As such, it is closely related to the integrity of the title company. If a competitor uses it, the public will assume they are somehow aligned with your business and, as customers of your competitor, are entitled to the same level of service or quality your business offers. If the competitor fails in this regards, it is a reflection of both your product/service and your company which could damage your business.
CONCLUSION
When MBA was founded, we were very lucky to get good, sound legal advice for protecting our intellectual property. Because of this, I encourage anyone concerned in this regard to seek such advice from a qualified attorney.
Another way to assist in the protection of your intellectual property is to enact some form of employee agreement, whereby the employee agrees not to misappropriate your products (such as designs and software), or use other intellectual property without expressed authorization. This puts your employees on notice.
Devices such as copyrights, trade secrets, patents, trade/service marks are very helpful for preventing the unauthorized use or distribution of your products. However, if someone really wants to pirate your products, they will. When you catch someone in the act though, try to give them a way out. I always recommend that you try to avoid litigation whenever possible. I find such lawsuits primarily benefit the attorneys and nobody else. But if your livelihood is genuinely threatened, as ours was, then you have no alternative but to use the full force of the law.
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