Concept Learned from the
Course
Westcliff University
BUS 602 Business Law
Mr. Bhola Nath Dhungana
Presenter:
Manisha Thapa
Agenda
Intellectual Property Infringement
Copyright & Patent infringement
Case Comparison
Findings from PA 1
Findings from PA 2
Findings from CLA 1
Intellectual Property Infringement
a right given to individuals for their creation to protect it from being violated or from
unauthorized access.
a breach of intellectual property right.
infringed when someone violates work protected by intellectual property law without the
permission of the creator.
Infringement is carried out either:
I. Counterfeiting
II. Piracy
Patent Infringement
Patent right is given to the creator or owner to protect their creativity for a certain period.
While if the unauthorized party uses or sells the creation without the permission of patent
holders.
The patent holders have the right to file against the party who damage or misused the
rights.
Copyright Infringement:
when the right of copyright holders is breached by any other third party.
The US law protects the copyright laws for 70 years after the death of the copyright
holder.
The development of emerging technology has surpassed the capacity of the regulatory
system to ensure that new formats are protected by copyright.
Case 1: Napster
Copyright Infringement
started in 1999 as an online file sharing service
provides a platform to the users which facilitates users to download music file.
RIAA and other many recording companies filed against Napster for copyright
infringement claiming that Napster operates its business sharing the music which they
don’t have permission.
Napster was fined over $40 million as a result of copyright infringement
Napster settles the case by paying 26 million dollars
Case 2: NTP vs RIM
Patent Infringement
NTP Inc is a Virginia based Patent holding company in the field of wireless email
technology.
NTP suit a file of patent infringement against the Research in Motion seeking to shut down
the popular blackberry service of RIM.
The infringement has cost $ 33 million in damages to RIM.
The case is settled when the RIM agreed to pay $612.5 million to settle a long-running
patent dispute.
Parties Being
Sued Parties Filing Financial
Sued Damages
Case 1: sued for Case 1: claiming the
contributory infringement of the
Case 1: loss in sales of
infringement and copyright recording
association filed against $300 million
vicarious
infringement. Napster.
Case 2: NTP claim
Case 2: RIAA claims
RIM has used wireless Case 2: damaged
Napster being guilty
email technology of around $33 million to
for contributory
NTP to create NTP
infringement
blackberry service.
The ability of the Alleged Infringing Party to make Financial
Restitution
Case 1: This case was partially settled as Napster paid 26 million dollars and changed the
business structure to pay the remaining fine. Napster filed chapter 11 bankruptcy in 2002
however, it was rather forced to liquidate the assets.
Case 2: RIM paid $612.5 million to NTP. After all the terms and infringement fine was
paid by RIM, litigation against RIM was canceled by the court.
Corporate Issues Contractual Issues Bankruptcy Issues
• Case 1: not ethically • Case 1: No • Case 1: filed for
carrying out its contractual chapter 11
operation as it was relationship between bankruptcy however
involved in sharing RIAA and Napster it was forced to
the content without • Case 2: RIM and liquidate its assets
the owner's NTP don't have any • Case 2: : No
permission and was contractual bankruptcy was filed
aware of the massive relationship however, by RIM and NTP as
infringement taking NTP tries to license both of them settle
place on its system the patent to RIM the dispute
• Case 2: willful before filing against appropriately.
infringement of RIM the RIM.
Conclusion
Thus, violation of work covered by intellectual property law without the creator's
permission, the intellectual property is infringed
Napster was sued by the Music Industry Association of America accusing Napster of
promoting an unrestrained, unauthorized online bazaar
while NTP sued RIM claiming the use of patent wireless email technology for producing
the blackberry software
Findings From PA1 (Unilateral and
Bilateral Contract)
A contract is a lawfully enforceable agreement between at least two individuals where each
has a lawful commitment that must be fulfilled.
The contract is valid as long as it meets the following criteria:
I. Offer and Acceptance
II. Consideration
III. Intention to create legal relationship
IV. Legality and capacity
If one party breaches the contract, the second party has the right to Claim for damage or
terminate the contract or can claim specific performance of the contract
Case 1: Order placed for pizza Delivery – Unilateral Contract as a buyer has offered the
pizza seller to pay the amount after delivering the pizza ordered by the buyer.
Case 2: The oral exchange at a restaurant when a waiter takes an individual order for
dinner- Oral Contract and Implied Contract
Case 3: A numbered ticket provided by a valet parking attendant or dispensed by an
automated machine at the entrance to a parking structure- Unilateral contract
Case 4: A formal written offer for real estate- Valid contract as there is a written agreement
between the buyer and a seller
Findings from CLA1
Bankruptcy is a legal lawsuit concerning an individual or corporation incapable of repaying their
outstanding debts.
bankruptcy aims to give time for business or individual to reorganize the operations without any
interference from the lenders.
The debtor might lose all their assets after filing for bankruptcy as all the debtor’s properties are
recognized during bankruptcy.
Creates a negative impact on the credit reports and credit score of the company as well as the
individual.
Major types of bankruptcy
Chapter 7 (Liquidation)
Chapter 12 (Reorganization)
Chapter 13 (Repayment Plan)
Findings from PA 2
various forms of employment contracts can involve both the employer and the individual
employed by the corporation.
Employees have to work under the premises of the organization
Employees provided with essential tools and required materials.
Whereas Independent contractor uses their own tools and materials and work
independently.
Employee and Independent Contractor are hired as per the need of the company
while hiring the employees or an independent contractor certain legal procedure are
followed.
Reference
Ariel, B. (2000). RIAA v. Napster: A Window onto the Future of Copyright Law in the Internet Age
Journal of Computer & Information Law, 18(4), 755-7750
Austen, I. (2006). Another Patent Case Is Filed Against Maker of BlackBerry. Retrieved from The New
York Times: https://www.nytimes.com/2006/05/02/technology/02patent.html
Bonadio, E. (2008). Remedies and Sanctions for the Infringement of IPR Under EC Law.
n.a, (2013). Case Study: A&M Records, Inc. v. Napster, Inc. Retrieved from
https://onlinelaw.wustl.edu/blog/case-study-am-records-inc-v-napster-inc/
N M, A & Aswath, L. (2016). Understanding Copyright Laws: Infringement, Protection, and
Exceptions. International Journal of Research in Library Science (2455-104X). 2.
Ju, S., Kong, L., Hussin, Z., & Jusoff, K. (2009). The Influence of Employee Benefits Towards
Organizational Commitment. Asian Social Science, 4(8).
Luis Fragoso, J., & Kleiner, B. (2005). How to distinguish between independent contractors and
employees. Management Research News, 28(2/3), 136-149.
