Intellectual Property Organizer and Case Scenario



Intellectual Property Organizer and Case ScenarioFrank J. Ball Sr.; Anastasia Terrell; Sheridon Ochoa; Jason OxleyAET 531March 10, 2014Professor Lenora SpicerIntellectual Property Organizer and Case ScenarioIn preparation for creating the graphic organizer and scenario for this assignment, Learning Team A researched University of Phoenix’s policies regarding intellectual property and case studies that demonstrated theft of intellectual property. The case scenario contained herein is a fictional accounting of intellectual property theft that presents a method in which an unscrupulous individual could use technology to profit at other party’s expense. One can find University of Phoenix’s intellectual property policy and the selected case study verbatim in APA-cited block paragraph appendices at the end of this paper.Case ScenarioJohn Doe, a graduate student in University of Phoenix's Master of Information Systems (MIS) program creates an informational website as a part of CSS/562, Programming Concepts' (University of Phoenix, Inc., n.d.b) requirements.? After exchanging several posts with undergraduate students using PhoenixConnect, John realizes there is a high degree of interest in the materials the school uses for the graduate program. ?However, many students express dismay at the stringent nature of the school's Copyright and Limited Licensing policy, especially as it pertains to Digital Rights Management (DRM) on university and licensed materials (University of Phoenix Inc., n.d.a).? John begins to research methods of removing or bypassing the DRM on the textbooks the school provides as a part of the program.After extensive research, John finds and tests a method of removing the DRM from textbooks.? Because he recognizes the importance of these text books to other students, John builds a subsite within his informational website that he disguises as a site index.? To mask the presence of the index, John makes the site's homepage easy to navigate, thereby negating the need to visit the index.? Additionally, John creates links on the homepage that directs visitors to University of Phoenix's official library, where students have the opportunity to legally download or purchase the textbooks. ?However, when individuals who visit the site index click on the links therein, the site redirects them to an independent site where students can purchase the digital versions of the textbooks DRM-free for a price 25% lower than the publisher's suggested retail price.?Over the course of the next year, John makes a significant amount of money by selling the DRM-free textbooks to interested parties.? The availability of the illegal copies is spread via email by those in the know.? To further increase business, John uses University of Phoenix's logo and information he copies from the school's library.? Although many of John's customers are aware that he is selling the textbooks improperly, the presence of the university's logo and factual information leads unsuspecting visitors to believe that the site is legitimate, thereby deflecting suspicion.? Soon, John begins to add other DRM-stripped books from the school library.Fourteen months after John engages in this illicit activity, an undergraduate student complains on PhoenixConnect about the school's DRM policy. ?Another student, Jane Doe, mentions that she had recently purchased a DRM-free textbook from a university site and provides the link to the site.? A faculty member notices the post while searching PhoenixConnect for potential customer service complaints and promptly informs her supervisor, asking if she should lock the discussion.? The supervisor clicks on the link Jane provided and soon discovers the purchase page.? He immediately notifies the school's legal and IT departments.? In less than an hour, the IT department determines the name of the site owner and notifies the Dean of the College of Information Systems and Technology.? The dean calls the university president, who immediately holds a conference call with the school's deans, IT director, and legal director.? The deans decide to take the entire server that hosts the site index down under the guise of maintenance, hoping that a non-targeted action will not alert John Doe to the fact that the school has discovered his activities.? The maintenance exercise is to last 48 hours while IT analyzes the sites activities and legal consults with law enforcement officials in John Doe's city of residence. Everything goes as planned, and 48 hours after the maintenance exercise ends, John Doe is arrested and the site is permanently disabled.The District Attorney's office charges John with intellectual property theft, copyright infringement, and trademark violations. ?During the trial, the IT department reveals that over the course of 14 months John Doe illegally removed the DRM from 75 books, and sold 742 textbooks from five different publishers.? The publishers estimate their financial losses at approaching $250,000.? Representatives from University of Phoenix avow that they cannot estimate the damages to the school resulting from John's use of the university's logo and information.? A jury finds John Doe guilty on all counts.? The presiding judge sentences John to five years in prison, orders him to pay the publisher's for lost revenue and legal fees, pay University of Phoenix for use of its' trademark and intellectual property, and levies an additional fine for theft; the fines total $1.5 million.? Based on his conviction, University of Phoenix expels John Doe for violating the school's policy on User Content and Conduct (University of Phoenix Inc., n.d.a).? Jane Doe is found innocent of any wrongdoing as she is able to prove she was an unwitting violator.? Subsequent investigations result in 24 additional expulsions for students who knowingly purchased illegal content from John Doe's site.? University of Phoenix sends out notifications to all students regarding the infraction and penalties, and uses the case as an example for warning students of what can happen when someone chooses to steal intellectual property.SummaryThis scenario presents a plausible, yet improbable situation in which an individual intent on financial gain steals intellectual property. Although, as evidenced in University of Phoenix's (NAME), the school takes great pains to inform students and staff about the legal aspects of intellectual property theft, as the scenario demonstrates, and the case the scenario is based upon proves, that are those who will steal intellectual property regardless of warnings. Although it is preferable to rely on the honor of customer and employees, by prosecuting thieves, entities who own intellectual property can help law enforcement send the message that intellectual property theft will not be tolerated. One can only hope that a scenario such as the one depicted herein never comes to pass for University of Phoenix's intellectual property.ReferencesMinistry of Education, Republic of China (Taiwan). (2012). Information Education: Two examples of intellectual property rights infringement. Retrieved March 7, 2014, from Ministry of Education, Republic of China (Taiwan): ? of Phoenix Inc. (n.d.a). University of Phoenix Terms and Conditions Copyright/Legal. Retrieved March 4, 2014, from University of Phoenix: of Phoenix, Inc. (n.d.b). Master of Information Systems: Courses. Retrieved March 8, 2014, from University of Phoenix: A – University of Phoenix Intellectual PropertyUniversity of Phoenix / Apollo Education Group Inc., as well as various other educational institutions that operate collectively as Apollo Institutions will have a website link to the terms and conditions for copyright and intellectual property spelled out. For the University of Phoenix it can be found at: and Limited LicensingUnless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the University logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the University, Apollo or their licensors or users and are protected by U.S. and international copyright and other laws.Copyright ComplaintsIf you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:Name of Agent Designated to Receive Notification of Claimed Infringement:Tim West, Senior Corporate Counsel Full Address of Designated Agent to Which Notification Should be Sent: 4025 S. Riverpoint Parkway, Phoenix, Arizona 85040; Mail Stop: CF-K612 Telephone Number of Designated Agent: 602-557-1818 Facsimile Number of Designated Agent: 602-557-3015 E-Mail Address of Designated Agent: CopyrightAgent@apollogrp.eduTrademarksAll logos and any other product or service name or slogan contained in the Sites are trademarks of the University, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the University or the applicable trademark holder.User Content and ConductThe Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk. If you post User Content, you agree that your User Content will be accessible and viewed by others.These are but a few of the many terms and conditions listed within the page and have been cut in length for use within this project. University of Phoenix and Apollo Group have gone to great lengths to ensure that they have covered all of the bases where it refers to copyright and intellectual property. At the bottom of each website page they will have a copyright logo with a hyperlink "See list of trademarks" and include all of the trademarks used within the content pages. With the copyright complaint division University of Phoenix has ensured that anyone who feels their specific intellectual property has been misused in anyway has a resource in which to contact and resolve the matter (University of Phoenix Inc., n.d.a).Appendix B – Case Study Selected for Scenario BasisExample 2A graduate student in a Taiwan University uploaded publications of a domestic publisher onto his website for downloading without authorization or consent. The authorities were soon informed and the student was prosecuted and convicted of copyright infringement. The verdict was also sent to the student's school and the Ministry. As the student was proved to have committed an infringement and was ordered to pay damages of NT$100,000, the school printed the criminal and civil verdicts in newspapers. The publisher urged the school to propagate the notion of respect for intellectual property rights and properly punish the student to raise awareness. Since the incident seriously impacted the school's reputation, in addition to expressing concern, the school immediately referred the student to its office of student affairs for punishment and apologized to the publisher. Intellectual property rights are an issue receiving much global attention. The Ministry urges teachers and students to use the Internet legally and in a reasonable manner (Ministry of Education, Republic of China (Taiwan), 2012). ................
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