Intellectual Property - Case Study Example

_________________________________ INTELLECTUAL PROPERTY ANALYSIS ASSIGNMENT Preliminary Analysis Identify the primary ethical dilemma to be resolved? (example privacy, freedom of speech etc) The ethical dilemma in this case is whether to abide by intellectual property rights or proceed with the project under the state’s immunity from such ethical issue. By accepting to disregard the intellectual property right, privacy of the creative minds behind works to be photocopied as proposed by Grifolo Frondoso to luke. 2. Identify any legal violations involved in this case?

(DMCA, fraud, HIPPA, 1st Amendment, etc) Legal violations involved in this case is 1st Amendment which emphasizes need to adhere to intellectual property rights in an effort to promote creativity and overall socio-economic growth in the country. 3. List the state, regional, national and/or global laws/ordinances/treaties already in place regarding the particular issues in this case. (hint: Intellectual Property Chapter of textbook) -U.S. Copyright Law and Policy - U.S. Copyright Office -U.S. Patent Laws and Regulations - U.S. Patent and Trademark Office Step I.

Understanding the situation A. List and number the relevant facts, check whether the fact is an ethics or legal issue, identify potential harm. Fact : Intellectual property right is significant in promoting creativity which in turn requires protection. Ethical: Its violation kills the spirit of innovation and is significantly unethical. Legal : The law is clear that invading the intellectual property is punishable by imprisonment or fine Potential or resulting harm :Violation of such IPR is retrogressive to the society at large.

B. List the stakeholders involved. The copyrights society, the government, artists and creative personalities. C. Which of the above facts has a societal impact? 1. List the local (US) impact of the ethical dilemma. -Possible disagreement among the management team members -Possible disciplinary measures for the violators by the copyrights authorities. 2. List the Global impact of the ethical dilemma -It has cost the world a lot of money to the unscrupulous businessmen.

-It has attracted strict patent, copyright and intellectual property rights regulations. Step II. Isolating the major ethical dilemma. A. Restate the primary ethical issue using the form: Should someone do or not do something? Or should someone have done something different? (Replacing someone and something with specifics of your case.) The ethical dilemma in this case is whether to abide by intellectual property rights or proceed with the project under the state’s immunity from such ethical issue. B. Are there any additional ethical or legal dilemmas?

If so, identify them. There are other ethical issues that include skewed adherence to law in different states. Step III. Analyzing the ethicality of alternatives in Step II. A. Based on the situations in your case: 1. Who, if anyone, could be or has been harmed? The artist. They are at the centre of losing revenue. 2. Who, if anyone, could benefit or has benefited? The clients who want to access the products at a cheaper cost. Step IV. Making a decision and planning the implementation A.

What should he do? Make a defensible ethical decision. He should stick to the prevailing and acceptable ethical code of conduct and avoid reproduction of the copies. This will set precedence for future assignments in the region and affect the reputation of the programmer. What should have been done or not done in the first place (at the pivot point) to avoid this dilemma and what is now the best course of action? There ought to have been clear rules and regulations on their contractual agreement with emphasis on ethical code of conduct.

Indicate the ethical principles/codes of conduct that support your decision The creative mind of another should be given utmost respect. Identify the effects your decision will have on the major stakeholders of this case. Following the ethical code of conduct will cost the client firm more money which will put the budgetary team on task. The copyrights authorities will have won and protect the creative minds.