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Showing posts with label Intellectual Property. Show all posts
Showing posts with label Intellectual Property. Show all posts

Friday, March 8, 2013

Intellectual property ownership


The Government is spending a huge sum of money on research and development, especially in the areas of pure sciences, engineering, medical sciences and social sciences, including education, management, and sociology field.

The search for knowledge is the ever evolving nature of human beings, especially academicians whose livelihood depends on the depth, variety and impactful research they are embarking on.

Government-sponsored research grants always encourage developing human capital by involving potential postgraduate students in the research together with their academic supervisors who have sound track record of research and publications in their research domain.

Usually, the academic supervisors with their vast experience, exposure and reading in the areas of their interest, will co-develop the research framework with their postgraduate candidates in the initial stage of the research.

The postgraduate candidates may further fine tune the research framework and perform further rigorous testing before it is ready for data collection.

Once the data collection is completed and fruitful findings are established, the research framework becomes the intellectual property of the designers and the authors once it is published in a peer reviewed and high impact journal.

The issue of ownership of the intellectual property arises when it comes to primary authorship and supporting authorship if it is submitted for a journal publication or chapters in a book or even for a book publication.

There are many schools of thought to explain this, but, one thing to be remembered, treasured and cherished by those involved in the research is the synergised teamwork and wonderful relationship between the postgraduate candidate and the mentor that had created such a valuable intellectual property.

Can we allow such a noble relationship to be smeared or broken by raising ownership issues of the intellectual property and sequencing the authorship for the journals and books? Does the authorship sequence have any value if the relationship is broken or belittled?

Since there is no single doctrine to dictate who should be the primary author and the secondary author or third author, as all these involve emotions and ego. The act of producing a film based on a storybook is a good analogy.

When producing a film based on a good story, the whole team – director, photographer, stuntman, etc, put in effort to make the movie a success.

For example, the film Harry Potter, directed by David Heyman originated from a book written by J.K. Rowling.

In academic research, the postgraduate candidate should own the thesis which is the storybook in the case of a film.

When it is published in a journal, the authorship and its sequence of authorships should be based on the roles such as who had directed the development of the whole paper that should be given the primary authorship.

Then comes the respective individuals who created each component to make a manuscript for the journal publication.

If the academic supervisor crafted the whole manuscript and had received contributions from the postgraduate candidate and other researchers to satisfy the readership of a journal, then the academic supervisor can be the main author.

The origin of the research thesis is still owned by the postgraduate candidate, and he or she can take turns to craft another manuscript after learning the ropes of writing to a journal which needs mindful amendments a few times before it gets published.

The important matter here is all will be given due recognition based on the efforts to create a wider readership.

Therefore, the intellectual property ownership and authorship sequence issue should not overcrowd or destroy the research spirit that has primary importance in the development of human capital in the country.
Academicians have been working very hard towards that goal since the establishment of the universities.

DR SHANKAR CHELLIAH Universiti Sains Malaysia, Penang

Related posts:
Distinguishing research authorship and ownership rights

Thursday, December 27, 2012

People as a product!

In digital space, users are increasingly being shaped as commodities by various sites and services.

LAST week, social photo-sharing application Instagram caused an uproar when it announced changes to its terms and conditions.

The changes were related to its advertising policy, and were interpreted by many people as the company reserving the right to share user information and pictures with advertisers (or to be used in advertising) without permission.

Instagram has since reversed that policy and apologised for the “confusing” language, stating: “Legal documents are easy to misinterpret.” (You can read its response at http://bit.ly/U79Nld.)

This seems to have pacified some users, but many are still fuming, while others have opted to try different photo-sharing apps as an alternative.

There are two primary issues with this. One is a privacy issue, in that the company would even consider sharing user information and pictures with its parent company Facebook and other third-party organisations (including advertisers).

The other is copyright; in the same response, Instagram co-founder Kevin Systrom wrote: “Instagram users own their content and Instagram does not claim any ownership rights over your photos. Nothing about this has changed.”

Users had every right to be upset. These are serious issues with severe repercussions, and it is becoming more and more common that online sites and applications are usurping the rights and control of their users. Facebook’s constant changing of privacy settings is legendary. The deeper we embed ourselves within such social network sites, the more we seem to get walled in.

As the days wear on, we find it increasingly harder to escape – most of our connections are in our social network of choice, our memories are stored within our profiles, and we are relying on it to be our source of information.

In many cases, we have come to depend on it for almost all of our interactions – we no longer need to remember people’s birthdays, we can send messages to each other conveniently without the need to store addresses, and we can broadcast our lives to all our friends at the click of a mouse.

Whether or not the reliance on such technology is a good thing is a different debate, but the fact is that the services these sites provide – it doesn’t matter if we never needed them before – are extremely useful.

However, many users don’t realise that this is still a service. Such technology has become so embedded in our lives that many of us have taken it for granted.

The fact that it is also primarily operated on the Internet has contributed to this sense of entitlement. Why buy newspapers when you get the news online for free? How many of us still send text messages via SMS now that there is iMessage, Blackberry Messenger and WhatsApp? With Skype and Viber, who needs to make traditional phone calls?

In some cases, it is easy to see how the companies behind them are making money. Newspapers now provide news for free (some have paywalls) with the hope of driving more traffic to their sites, which are plastered with advertising.

Apple and RIM, the maker of the Blackberry, promote their messaging systems to encourage people to buy their devices. Skype has a premium service that users can pay for as well as cheaper computer-to-phone rates which helps supplement its income. In that sense, the products these companies offer are obvious.

Social network sites like Facebook, Instagram and Twitter also have a product: You and me.

What they essentially do is no different from the media outlets – they sell their user base to advertisers. Unlike the print and broadcast media, however, these sites tend to have more information on their users which can be sorted or mined to help advertisers reach their target market.

Each update we post on these sites contains more information about our lives and what interests us – whether it’s in the words we use, the places we check in from or the photos we upload. And they have a lot of information. Citing European policy law, a student from the University of Vienna made a request to Facebook to hand over all the information it had on him. And Facebook provided it – all 1,200 pages of it.

The point here isn’t about how scary it is that a company has so much information on each of us – this too is a different debate.

The concern is that as technology advances, we are increasingly being shaped to be a product, and this is an awareness we have to carry with us constantly. It is pertinent to note that this is not a new phenomenon – the whole basis of the advertising industry is based on consumers being the product.

This is why newspapers are able to subsidise publishing costs to sell their products at a relatively low price (or in some cases, offer it for free) and why we get to watch television for “free”. Or pay very little.

We need this awareness because it will help us make decisions about how we navigate our digital lives. It will also help us reclaim some of the control – and our rights.

Instagram may have reversed that new policy for now, but there’s no saying it won’t come back in another form. Facebook has gotten away for many years with changes that its users do not like because few people are willing to walk away from it.

This is not to suggest that what these companies are doing is right. But the adage that nothing is free rings true in this situation. There are alternatives but each comes with a price.

The alternatives to these sites – some of which are on open-source platforms – may not be as polished and lack the critical mass to be as effective as the big social sites. Then there are the commercial entities which charge you (Flickr, for example, is capitalising on a sudden exodus from Instagram to its platform, offering its paying customers an additional three months of service).

It is only by carrying this awareness with us always that we can truly make the right decision – whether to stick with these companies, or stick it to them.

ReWired By Niki Cheong

Niki has just completed his MA Digital Culture and Society at King’s College London. Connect with him at http://blog.nikicheong.com or on Twitter via @nikicheong. Suggest topics and issues on digital culture, or pose questions, via email or on Twitter using the #Star2reWired hashtag. 

Thursday, August 30, 2012

Apple's rot starts with its Samsung lawsuit win

Just like Microsoft, Apple's evolution from smart tech company to global uber-brand contains the seeds of its own destruction

The risk for Apple is that it focuses more and more on intellectual property rights – filing patents and litigating – than it does on product innovation. Photograph: Ahn Young-Joon/AP
Apple came close to destroying its business in the late 1980s by pursuing a suit against Microsoft claiming that Windows infringed the look and feel of the Mac desktop metaphor. Apple focused its hopes and business future on this lawsuit, while its market share dwindled. Rather than competing, it litigated. And lost.

Last week, it litigated against Samsung over its iPhone design and won.

The first justifiable conclusion might be that big companies get their way. The second might reasonably be that Apple doesn't change much: its business model remains aggressive self-righteousness. The third is what everybody knows: patent rules and philosophy are all screwed up.

As for the first point, Apple is not just a big company, but the biggest. And it is not just the biggest American company, but the most American company. It has entered a rarefied brand status in which it is now almost synonymous with American virtue: American as Apple. Its good design sense has become a major point of American pride, if not nationalism.

The brand is a national asset. Apple is AT&T in its pre-break-up from; it's GM, in its what's-good-for-General-Motors-is-good-for-the-country stage; it's United Fruit when it made US foreign policy; it's Microsoft when desktop computing was transforming the world.

 Commercial omnipotence

This is about as close to commercial omnipotence as it gets. Its unassailability, its right to be preternaturally aggressive, is built into its share price. We believe in Apple. So let us briefly consider the chance for a Korean company defending itself against (or, perish the thought, challenging) the greatest American company of the age in the eyes of an American jury.

And then, there's the self-righteousness. Apple is one of the most aggressive intellectual property litigators of all time. Its major moves have not been about protecting precise technical innovations, but about claiming the much softer zone of look and feel.

It sues for brand rather than engineering. It has pioneered a new modern sensibility: taste is what's most valuable; identity is king. It's sued about the lower case "i"; it's sued about the word "pod"; it's sued New York City over the "big Apple"; it's sued over using the words "app store".

This fierce defensiveness might be rightly understood in a psychological sense: Apple itself is based on stolen iconography. There was first the Beatle's Apple and there was Xerox PARC's desktop design.

Apple's self-righteousness masks its guilt. (It may be sheepish, too, about being more of a marketing organization than a technology company.) What's more, it knows better than anybody that if you relax your vigilance, somebody can easily walk off with what you've done – and improve it.

And then, in the algebra of Samsung's loss and Apple's victory, there's patent hell. Or absurdity.

 System of litigation

Patents are, arguably, no longer a system of protection; they are a system of litigation. Great numbers of patents are now filed, in an over-burdened system, to protect not innovations but the right to litigate over innovations. Indeed, any patent of value will ultimately be litigated.

What's more, as the system has become ever more over-taxed, as technology itself has become more complex, the ill-equipped and under-trained bureaucracy has increasingly taken to giving patents to wide-ranging abstractions.

Design concepts, behavior adjustments, and new approaches to problem solving are all patentable innovations. The system itself assumes that litigation is the check on the system. Which means, fundamentally, that the litigant with the most resources and greatest status wins.

But let us not argue the case that all this quite obviously impedes innovation and is part of a new unreal property land grab – not about technology at all, but about intellectual property: an effort to privatize much of what was once understood to be shared and public (indeed, not ownable, like the shape of the iPhone). But rather, for a moment, let's look at this as a form of hubris that has inevitable consequences.

The Apple that has won against Samsung is the same Apple that lost against Microsoft. In other words, it is the kind of company that, through sheer willfulness, discipline, and perfectionism, can achieve brand hegemony of a singular type. But it is, too, the kind of company – the exact sort of company – that becomes, perhaps inevitably becomes, the bete noire of consumerists, regulators and, of course, most of all, its competitors.

This is the story between the lines of its great victory and its further share price surge. On the one hand, there is this seemingly golden company. On the other hand, there is anybody with any sense of history knowing this is going to end badly.
  
American capitalism

Companies that acquire the nation's imprimatur often, if not invariably, over-reach. It is a characteristic of American capitalism: the price of getting really big and overbearing is that you incur an inverse reaction. In the early 1990s, an ambitious department of justice (a Republican administration DOJ at that) commenced its assault on Microsoft.

For better or worse, by the time the feds were finished, the company, with its rotten operating system, besieged and beleaguered, had become just one of many not-very-adept players in the space – an unimaginable outcome if you remember the once God-like power and scorched-earth wrath of Microsoft.

Apple, and its rotten phone, have a ways to go. But karma should not be underestimated as a factor in this game.
 Related posts:
 Apple wins $1bn in US while Samsung wins in Korea; it may reshape the free Google Android system
US Stocks dominate; Korean share drops after US's ruling on Apple-Samsung patent wars
The US Pacific free trade deal that's anything but free?