Written for technology professionals and business managers/owners alike, this new, easy-to-understand book provides you with a comprehensive overview of the key legal and economic issues that affect rights of access and use for intellectual property and knowledge assets, with special emphasis on computer software, Internet content, and digital media. It is the first book to address management of both traditional intellectual property and the broader set of knowledge assets in a single resource. It presents these subjects in a style appropriate for a wide range of practitioners who are not intellectual property or knowledge management specialists, and approaches the challenge of managing these assets from a multidisciplinary perspective. The book helps you recognize and respond to the critical challenges that you will be confronted with in the near future. It enables you to protect and maximize the economic value of the intellectual property you develop and prevent its misuse by others; reduce the risk that you will be liable for violating intellectual property rights of other parties; and develop commercial and legal strategies for profiting from the inventions and innovations you create. It also shows you how to increase your ability to obtain access to intellectual property owned by others without incurring legal liability and subject to reasonable economic terms.
Table Of Contents
Introduction: Overview of Intellectual Property and Knowledge Assets - Purpose of this Book. Who Should Read this Book, and Why? Intellectual Property Law Principles. Knowledge Assets. Emerging Digital Rights Management Issues.; Traditional Software Protection Strategies - Copyrights and Software. Patenting Computer Programs. Business Method Patents. Trade Secrets Protection for Computer Code. Moral Rights. Licensing. Reverse-Engineering. Comparing Traditional Protection Strategies.; Open Source: An Alternative Model - Open Source Principles. Open Source and Traditional Intellectual Property Principles. Different Forms of Open Source. Open Source vs. Shareware. Economic Models for Open Source Material. Open Source Applied Beyond Software. A Battle for the Heart and Soul of Open Source. Open Source: Placing a Premium on Collaboration. Management Strategies in an Open Source Environment.; Trademark Protection Online - Trademark Overview. Trademark and the Domain Name Registration Process. The Problem of Cybersquatting. Resolving Domain Name Disputes. Reconciling the Interests of Legitimate Trademark Owners. Domain Name Property Rights. Country Code TLDs. Multilingual Domain Names. Trademarks and Hypertext Links. Keywords and Trademarks. Unfair Competition Claims. Strategies to Manage Domain Names and Keywords.; Protecting Look and Feelù of Online Content - Limits of Copyright Protection. Patents and Digital Look and Feel. Trademark Law Protection. Rights Under the Database Directive and Property Law Theories. Trespass to Property. Rights Under Competition Law. Moral Rights. Managing Look and Feel. ; Managing Digital Media - Print Publishers. Music Rights. Digital Video Rights. Secure Systems for Digital Content. The Role of ISPs and Other Content Distributors. Criminal Penalties for Violation of Digital Media Rights. Managing Digital Media Rights.; The Challenge of Peer-to-Peer and Distributed Computing - The P2P Process and its Challenge. Managing Napster. The DMCA as a Threat to P2P Systems. Distributed Networks. P2P-Driven Content Searches. Distributed Computing in P2P Systems. Content Management in P2P and Distributed Networks. ; Property Law & Commercial Transactions Law Applied to Digital Content - Data Ownership. Property Law Rights and Competition Law. Commercial Transaction Laws. Computer Fraud and Abuse Act and the Electronic Communications Privacy Act. Future Trends.; Controls on Technology Development and Transfer - Technology Export Controls. Overview of Technology Export Laws. Performance-Based Computer Controls. Encryption Controls. Knowledge Controls. Restrictions on Pass-Through Exports. Digital Millennium Copyright Act and Anti-Circumvention. EU Cybercrime Treaty. Technology Taxes and Fees. Technology Controls: Trends and Strategies.; Valuing and Managing Knowledge Assets - Valuation. Licensing. Auctions and Exchanges. Intellectual Assets in Corporate Acquisitions and Start-Up Enterprises. Securitization. Donating Intellectual Property. Abandonment. Internal Asset Transfers. Auditing Intellectual Assets. Antitrust and Competition Law Constraints. Intellectual Asset Management Strategies. Valuing Intellectual Assets in a Networked Setting.; Principles for Managing Intellectual Property and Knowledge Assets - Understand the significance of Computer Networking for Knowledge Assets. Recognize Diverse Forms of Knowledge Assets. Apply All Available Asset Management Tools. Recognize Transitory Value of Assets. Make use of Non-T;
Jeffrey H. Matsuura
Jeffrey H. Matsuura serves as counsel, Alliance Law Group, LLC. He earned his M.B.A. at The Wharton School, University of Pennsylvania and his J.D. from the University of Virginia. He also the author of Managing Intellectual Assets in the Digital Age, Security, Rights, and Liabilities in E-Commerce, and A Managerís Guide to the Law and Economics of Data Networks (Artech House, 2003, 2002, 2000).