The company G creates, patents, and markets software. The company W sells the company G’s software without its permission. To find: The possibility of patent infringement and the chance of recovery of the cost and profit.

Question

Explain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.

Answer 1

Question

Chapter 8, Problem 2IS

Summary Introduction

Case summary: The company G creates, patents, and markets software. The company W sells the company G’s software without its permission.

To find: The possibility of patent infringement and the chance of recovery of the cost and profit.

Expert Solution & Answer

Trending nowThis is a popular solution!

See solution

Check out sample textbook solution

Students have asked these similar questions

Explain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.

Mr. Antipatiko filed a suit against Gerald, a registered medical technologist. Mr. Antipatiko went to the clinic and requested for Hepa B test needed for his employment. It was Gerald who obtained the blood from Mr. Antipatiko and consequently processed it for sampling. However, the test result indicated a “REACTIVE/POSITIVE”. Gerald performed another confirmatory test to ensure a reliable result. Still, the second test done had the same result. Gerald then issued the lab result indicating “REACTIVE/POSITIVE” after conformity with the Pathologist. Mr. Antipatiko was declined employment and was so furious and went to the clinic to confront Gerald stating that the result was inaccurate. He threatened Gerald saying that he will file an administrative case against him. If you were Gerald, how will you address and handle the situation? Provide your reason and basis to prevent the threatened suit.

As part of its business, Kinko’s Graphics Corporation (Kinko’s) copied excerpts from books, compiled them in “packets,” and sold the packets to college students. Kinko’s did this without permission from the owners of the copyrights to the books and without paying copyright fees or royalties. Kinko’s has more than two hundred stores nationwide and reported $15 million in assets and $3 million in profits for 1989. Basic Books, Harper & Row, John Wiley & Sons, and others (plaintiffs) sued Kinko’s for violation of the Copyright Act of 1976. Plaintiffs owned copyrights to the works copied and sold by Kinko’s and derived substantial income from royalties. They argued that Kinko’s had infringed on their copyrights by copying excerpts from their books and selling the copies to college students for profit. Kinko’s admitted that it had copied excerpts without permission and had sold them in packets to students, but it contended that its actions constituted a fair use of the works in…