far ownership rights reach without interfering B u s i n e s s F i n a n c e

far ownership rights reach without interfering B u s i n e s s F i n a n c e

answer all questions each with 150 words or more

1.There is considerable controversy these days over what exactly can be owned and controlled by a business when it comes to intellectual (intangible) property and how far ownership rights reach without interfering with the rights of others to use the property. Consider the social media sharing of material (pictures, writing, videos for example). Creativity and innovation in a technological sense require using or repurposing property, because property has to be used in order to be productive.

Are restrictions on use too burdensome? Is it true that if content were completely “free” innovation would be benefited or harmed?

2.That being the case, you/we elect and petition Congress, so what would you petition Congress to change? What don’t you like about Copyright and how should the law be changed? [Nothing is off the table].

3.What happens if you (or your company) use a freely published work in your own commercial, for example? Do you think you should have to pay, if the work was offered for free in the first place?

4.As an individual with ideas that you want to put into something tangible, the first step might be to determine what kind of property it is (tangible or intangible and if the later, what type). Suppose you had an idea for a logo design or for a website, what kinds of property are those?

5. how do you think the courts parlayed that bit? Printed out, as you suggest, is close, but how else can one touch software (physically) that is? Where (or how) is the software “recorded in a tangible medium”? Elsewhere in this thread I asked “Are ideas copyrightable?” Can you touch an idea? [You can “touch” the one, but not the other….How is that?]

6.Who owns the internet or does everyone? Are we in danger when this “space” is readily invaded?

7.For a contract to be enforceable, does it have to be in writing, or is it merely advisable that it be in writing, for the sake of clarity? There is a difference between a “Best Practice” so to speak and a Requirement.

Many sales contracts (consider for example purchases at a grocery store) are not in any kind of formal writing. What makes them enforceable, or are we all just on our best behavior?

Do contracts, which is to say agreements, to be enforceable contracts/agreements in a court of law have to be in writing? And if so to what extent?

8.What contracts should not have to be in writing? Can you think of some examples, even in business? There are plenty. I’ll start: an admin telephones a business supplies store and orders more Post-It notes. [Of course, they send a bill or invoice–after the fact–but the bill is not the contract, the bill/invoice is because of the contract….] What about that?

9.when does an employment contract have to have written evidence? [By the way, I should mention: the “requirement of a writing” does not mean that the contract has to be (all) in writing; only that the agreement has to be “evidenced by a writing,” which is different.] And since I mentioned it: what evidence? Would the “back of an envelope” be ok?

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