Copyrights - Patents - Trademarks - Plagiarism


Copyright Symbol We don't want to stop people from being rewarded for their efforts. But we also don't want people's greed and ignorance to stop improvements or advancements, that the world desperately needs. No one should have the right to impede progress and development. We need to come up with rules and guidelines that protects the health and freedom of everyone, and not just have rules that can be exploited by criminals with money. If someone has a better idea, an idea that is better for people and the planet, then that idea should be used, and not be impeded by criminals, which is what is happening today at the expense of every living thing on this planet. And no one should have the right to waste resources, time, money and people just to build inferior products that do more harm the good. It's not a victimless crime.

Previous SubjectNext Subject

If a patent or copyright stifles innovation, or stops improvements and hinders important advancements in technology, then those particular patents and copyrights must be given to the public domain. Compensation shouldn't be just about money. Trolls.

Yes we need to identify things. Though people have the same name, they don't always share the same ideas or values. But diversity is a survival mechanism. So to impede diversity is to reduce our chances of survival. Citations.

Public Domain are works that intellectual property rights have expired, so now these works can be used for individual creative expression and be building blocks for the creation of new knowledge, which could help promote education, through the spread of information, ideas, and scientific principles. Public Documents.

Sharing - Pass the Baton (no one can take full credit for anything they do, everyone is a counterfeiter).

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. Copyright protection arises automatically when a work is created. A work is "created" when it is fixed in a copy or phonorecord for the first time. No publication or registration or other action in the Copyright Office is required to secure the copyright. There are, however, certain definite advantages to registration. 

Copyright Clause is to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

Section 107 of the Copyright Law - World Intellectual Property Organization - American Society of Media Photographers - Editorial Photo - Retail Compliance Network - Digital Due Process - Creators Vault - PRS Collects Royalties.

Open Innovation refers to the use of both inflows and outflows of knowledge to improve internal innovation and expand the markets for external exploitation of innovation.

Patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. Trolls.

Patent Claim is the extent or the scope of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability.

Essential Patent is a patent that claims an invention that must be used to comply with a technical standard.

Utility Patent is an invention is "Useful" if it provides some identifiable benefit and is capable of use. The majority of inventions are usually not challenged as lacking utility. The patent examiners guidelines require that a patent application expresses a specific, credible, and substantial utility. The requirement of Utility for patents, there are three main factors to review: Operability of the invention, a Beneficial Use of the invention, and Practical Use of the invention.

Patent Examiner is an employee, usually a civil servant with a scientific or engineering background, working at a patent office.

Prototype is an early sample, model, of a product built to test a concept or process or to act as a thing to be replicated or learned from.

Prior Art is constituted by all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. If an invention has been described in the prior art, a patent on that invention is not valid. Information kept secret, for instance, as a trade secret, is not usually prior art, provided that employees and others with access to the information are under a non-disclosure obligation. With such an obligation, the information is typically not regarded as prior art. Therefore, a patent may be granted on an invention, even though someone else already knew of the invention. A person who used an invention in secret may in some jurisdictions be able to claim "prior user rights" and thereby gain the right to continue using the invention. As a special exception, earlier-filed and unpublished patent applications do qualify as prior art as of their filing date in certain circumstances.

Intellectual Property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights (IPRs) are the protections granted to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual property. (IP Holder). Intellectual Property Rights (gov).

Personality Rights is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one's identity. Intellectual Freedom.

Moral Rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an Artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work. Visual Artists Rights Act.

Digital Rights Management tools or technological protection measures are a set of access control technologies for restricting the use of proprietary hardware and copyrighted works. DRM technologies try to control the use, modification, and distribution of copyrighted works (such as software and multimedia content), as well as systems within devices that enforce these policies.

Trade Secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers.

Industrial Espionage is a form of espionage conducted for commercial purposes instead of purely national security.

Monopoly

Grey Market is the trade of a commodity through distribution channels that are legal but unintended by the original manufacturer. Grey market products are products sold by a manufacturer or their authorized agent outside the terms of the agreement between the reseller and the manufacturer. Black Market.

Parallel Import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. Parallel imports are often referred to as grey product and are implicated in issues of international trade, and intellectual property.

Royalty-Free is you only pay once for the right to use the Photo or Video footage. Once the license fee has been paid, you may continue to use licensed material in future projects without the need to pay for additional license fees. You cannot resell it, only use it.

Smithsonian has released more than 2.8 million images you can use for free.

Do Patent Wars Stifle Innovation? Do Patents Encourage or Stifle Innovation?

A Case for Abolishing Patents - Share Alike 3.0 - Case against Patents

Patent Trolls is a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art. Criminal Greed.

Innovation Act is a bill that would change the rules and regulations surrounding patent infringement lawsuits in an attempt to reduce patent lawsuits.

Antitrust is a collection of federal and state government laws that regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers.

Competition Law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Monopolies

Anti-Competitive Practices practices that prevent or reduce competition in a market. Anti-Cooperation

Radius Clause is a form of non-compete clause used in the live music industry, in which a tour promoter stipulates that a performer, for a certain length of time prior to or following an appearance at a concert or festival, must not hold concerts at other locations within a certain radius of the city where they are to perform. In essence, it gives the promoter a form of territorial exclusivity, ensuring that the performer does not book concerts with competing promoters and venues in nearby areas, which can undermine ticket sales for their main event. The clause effectively discourages major acts from performing in smaller cities, and are influenced by a profit-oriented mentality in the live events industry.


Copyright Infringement - Counterfeiting


Anti-Piracy are efforts to fight against copyright infringement, counterfeiting, and other violations of intellectual property laws.

Patent Infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder.

Copy is a reproduction of a written record. A thing made to be similar or identical to another thing.

Replication is a process by which an object, person, place or idea may be copied mimicked or reproduced.

Reproduce is to make a copy or equivalent of something. Repeatable - Signal Conversion.

Knock·Off is a copy or imitation, especially of an expensive or designer product. Cheap Products from Middle Men.

Facsimile is a copy or reproduction of an old book, manuscript, map, art print, or other item of historical value that is as true to the original source as possible. DNA (cell division). Divide.

Archetype is a very typical example of a certain person or thing. Something that serves as a model or a basis for making copies. An original that has been imitated.

Counterfeit is a product made in exact imitation of something valuable or important with the intention to deceive or defraud. A fraudulent imitation of something else; a forgery.

Counterfeit money is currency produced without the legal sanction of the state or government, usually in a deliberate attempt to imitate that currency and so as to deceive its recipient. Producing or using counterfeit money is a form of fraud or forgery, and is illegal.

Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive for the sake of altering the public perception, or to earn profit by selling the forged item. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or currency is more often called counterfeiting. Fake - Fantasy - Supply Chain Traceability.


Rules - Restrictions


Confidentiality involves a set of rules or a promise that limits access or places restrictions on certain types of information.

Product License means to give permission as well as to the document recording that permission.

Registered Trade Mark SymbolTrademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

Patents and Trademark Office

Extended Collective Licensing are collective copyright and related rights laws and licensing agreements.

Copyright Collective is a body created by copyright law or private agreement which engages in collective rights management.

Peer to Patent is an initiative that seeks to assist patent offices in improving patent quality by gathering public input in a structured, productive manner. Peer to Patent.

Digital Millennium Copyright Act (wiki)
DMCA(1998) PDF

Leahy-Smith America Invents Act (wiki)

U. S. Department of Justice - Justice (law)

Government Websites - United States Copyright Office (wiki)

Choral Public Domain Library

Protect your Copyrights, Online and for Free

YouTube's Copyright System Isn't Broken. The World's Is (youtube)

Content ID System is a digital fingerprinting system developed by Google which is used to easily identify and manage copyrighted content on YouTube. Videos uploaded to YouTube are compared against audio and video files registered with Content ID by content owners, looking for any matches. Content owners have the choice to have matching content taken down or to monetize it. The system began to be implemented around 2007. By 2016, it had cost $60 million to develop and led to around $2 billion in payments to copyright holders. By 2018, Google had invested at least $100 million into the system.

CASE Act is a proposed United States law that would provide a new means for copyright owners to file infringement claims; for copyright users to adjudicate declarations of non-infringement; for owners and users to submit claims related to Section 512(f) of the Digital Millennium Copyright Act; and for would-be defendants to submit counterclaims and legal defenses, such as fair use. The bill would establish a Copyright Claims Board within the Copyright Office to hear these claims. The Librarian of Congress would appoint three Copyright Claims Officers to preside over the tribunal. The bill limits damages to US$15,000 per work, and $30,000 total per claim. If copyright owners do not register the work in accordance with Section 412 of the Copyright Act, "statutory damages may not exceed $7,500 per work infringed, or a total of $15,000 in any one proceeding." The measure was introduced in the United States House of Representatives on May 1, 2019, and was passed on October 22, 2019. An identical version was introduced in the United States Senate on May 1, 2019. The bill has a laudable goal: reducing barriers to copyright enforcement for those with limited financial resources by providing a faster and cheaper avenue to remedies. For many independent authors, creators, and users of copyrighted content, copyright litigation in federal court is not worth the candle; the high cost of litigation keeps many independent authors and creators from enforcing their copyrights. A well-designed copyright small claims process could fix this but, unfortunately, the deeply flawed CASE Act isn’t that. While failing to limit the tribunal’s scope to the types of claims and claimants that it’s best suited to and allowing recovery of excessive damages, the small claims process as set out in the CASE Act would also cause harm to many legitimate users of copyrighted works, including authors, educators, and other creators. We’ve already seen how copyright trolls and big content companies have sometimes abused the federal court system to raise questionable infringement accusations and threaten those accused with high statutory damages.


Fair Use


Fair Use is a US legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. It is similar to the fair dealing doctrines used in some countries outside the United States. Adaptation in Arts.

Fair use for Education (columbia edu)
Copyright and Educational Fair Use (stanford edu)
Fair Use on the Internet (PDF)

Open Licensing - Open Source - Open Curriculum

General Public License is a widely used free software license, which guarantees end users the freedom to run, study, share and modify the software.

Freed From Copyright. A large body of films, music, and books from that year entered the Public Domain on Jan. 1 2019, the first time that's happened in 20 years. And that means they can be used according to the will of new creators who wish to adopt or adapt them.

Free Content or free information, is any kind of functional work, work of art, or other creative content that meets the definition of a free cultural work for someone to use the content and benefit from using it, or study the content and apply what is learned, or make and distribute copies of the content, or change and improve the content and distribute these derivative works.

Duke Public Domain Day 2019
Cornell Public Domain
Smithsonian Mag
Public Domain Review
Digital Trends

Transformative Works for fans to provide access to and preserve the history of fanworks and fan cultures.

Public Domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

Creative Commons

Electronic Frontier Foundation

Protect the Internet (information highway)

Information Protection (data and personal information) - Lawyers - Court Information - Legal Help

Legal Release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee(s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary filmmakers, or by radio and music producers when they photograph, film, video or record the voice or performance of individuals to be sure that the person consents or will not later object to the material being used for whatever purpose the release (or anyone they may assign the release rights to) wishes, i.e. that the release wishes to use the images, sounds or any other rendering that is a result of the recording made of the releasor (or property owned by the releasor for which the releasor may claim some other right such as industrial design rights, trademark or trade dress rights). This will help in insuring the copyright owner has a clean chain of title for any work if it is later published, broadcast, shown in a public cinema or otherwise made public.

Reservation of Rights is a statement that one is intentionally retaining his full legal rights to warn others of those rights. The notice avoids later claims that one waived legal rights that were held under a contract, copyright law, or any other applicable law. The term “all rights reserved" is used in connection with copyright law. The term "reservation of rights" (particularly a "reservation of rights letter”).


Remix - Remixing


Remix Building BlocksRemix is a piece of media which has been altered or contorted from its original state by adding, improving, removing, and changing pieces of the item. A song, piece of artwork, books, video, poem, or photograph can all be remixes. The only characteristic of a remix is that it appropriates and changes other materials to create something new. Most commonly, remixes are a subset of audio mixing in music and song recordings. Songs may be remixed for a variety of reasons: to adapt or revise a song for radio or nightclub play, to create a stereo or surround sound version of a song where none was previously available, to improve the fidelity of an older song for which the original master has been lost or degraded, to alter a song to suit a specific music genre or radio format, to use some of the same materials, allowing the song to reach a different audience, to alter a song for artistic purposes, to provide additional versions of a song for use as bonus tracks or for a B-side, for example, in times when a CD single might carry a total of 4 tracks, to create a connection between a smaller artist and a more successful one, as was the case with Fatboy Slim's remix of "Brimful of Asha" by Cornershop, to improve the first or demo mix of the song, generally to ensure a professional product, to provide an alternative version of a song, to improve a song from its original state. Remixes should not be confused with Edits which usually involve shortening a final stereo master for marketing or broadcasting purposes. Another distinction should be made between a remix, which recombines audio pieces from a recording to create an altered version of a song, and a cover: a re-recording of someone else's song. While audio mixing is one of the most popular and recognized forms of remixing, this is not the only media form which is remixed in numerous examples. Literature, film, technology, and social systems can all be argued as a form of remix. Everything is a Remix - Everyone Passes the Baton (everyone stands on the shoulders of giants)

Remix Culture is a society that allows and encourages derivative works by combining or editing existing materials to produce a new creative work or product. A remix culture would be, by default, permissive of efforts to improve upon, change, integrate, or otherwise remix the work of copyright holders. While a common practice of artists of all domains throughout human history, the growth of exclusive copyright restrictions in the last several decades limits this practice more and more by the legal chilling effect.

Adapt - Repurpose (the power of RE) - Not all replication is bad, after all, life is a replication

Kirby Ferguson: Embrace the Remix (video)
Rip: A Remix Manifesto (youtube)
Open Source Cinema (wiki)

Fair Dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.

Remediation is when theorists of new media examine how emerging kinds of media, such as websites, blogs, wiki pages, and digital video, both delimit the ways people can use them, and provide new avenues for the production of social relations and meanings.

Web of Trust is a concept used in PGP, GnuPG, and other OpenPGP-compatible systems to establish the authenticity of the binding between a public key and its owner. Its decentralized trust model is an alternative to the centralized trust model of a public key infrastructure (PKI), which relies exclusively on a certificate authority (or a hierarchy of such). As with computer networks, there are many independent webs of trust, and any user (through their identity certificate) can be a part of, and a link between, multiple webs.

"Just because you make something Public Domain, so that it belongs to everyone on the planet, this does not guarantee that the people will understand the importance of this knowledge, or will it guarantee that people will know how to preserve this knowledge and share it with future generations. But this is a good start. So in the process of preserving there has to be instructions."

Free-Culture Movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, by using the Internet and other forms of media. The movement objects to what they consider over-restrictive copyright laws. Many members of the movement argue that such laws hinder creativity. They call this system "permission culture." Creative Commons is an organization started by Lawrence Lessig which provides licenses that permit sharing and remixing under various conditions, and also offers an online search of various Creative Commons-licensed works. The free-culture movement, with its ethos of free exchange of ideas, is aligned with the free and open-source-software movement. Today, the term stands for many other movements, including open access (OA), the remix culture, the hacker culture, the access to knowledge movement, the Open Source Learning, the copyleft movement and the public domain movement.

Fan Art is a drawing based on a character, costume, or location that is made without permission by the original creator. Fan art can be considered a derivative work, therefore most fan art is an infringement of DC’s copyright. BUT, copyright law has a doctrine called “fair use” that (in the name of free speech) protects certain uses that would otherwise be an infringement. To find protection in fair use, a second work must be an artistically transformative use of the first, not have a great economic impact on the first, and not take too much of the first. A good piece of fan art is very transformative, giving us a new vision of a familiar character, so that factor could benefit the artist. The amount taken would probably not favor the artist, because one of the considerations is if the “core” elements are copied, which most fan art does. Economic impact would also not favor the artist, as DC could argue that the $60 the fan put down on the fan art could have instead gone towards the purchase of a licensed poster. The factors are not merely added up, however, so artist’s don’t lose 2-1. A truly transformative work may be protected. Fair use is a vague doctrine, giving courts great freedom in application. A good lawyer can make or break a free speech argument. Even if the “core” elements are copied and the economic value of the original is harmed, a parody is still protected. The irony is that fan art which seeks to honor the original work enjoys less protection than a work that insults it.

Transformative Uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work. Nature of the copyrighted work: This factor analyzes the degree to which the work that was used relates to copyright's purpose of encouraging creative expression

Reaction Videos and Fair Use. Reaction videos are those which depict the emotional responses, facial expressions, comments, or criticisms that a content creator directs to a featured video, commonly while simultaneously playing the featured video, are often used to gain this exact result. Further, these videos are attractive to content creators because they consistently net views and generally require minimal effort to make. The copyrights to the original works featured in reaction videos, however, usually belong to someone other than the content creator. As such, reaction videos may violate the authorship rights provided in the Copyright Act. That said, because reaction videos often critique, alter, or parody the featured video, a fair use defense may apply.



Plagiarism


Women at a Copying Machine or Photocopier Plagiarism is copying someone else's work and presenting it as your own work. Plagiarism is the deliberate act of acquisition of something without the permission of the owner. The wrongful appropriation or stealing and then the publication of another author's language, thoughts, ideas, or expressions and the representation of them as one's own original work. The idea remains problematic with unclear definitions and unclear rules.

The problems with regurgitating information is that you could be repeating lies. One of the biggest problems with plagiarism is when someone copies someone else's work that was wrong or inaccurate. If you just regurgitate what someone else wrote, then you might be passing on ignorance, like people do in the news everyday. Do your own research and don't believe everything you read.

Students must learn how to be original and learn the importance of creating new literature and improving old literature. Educators must learn how to teach originality and learn how to teach the importance of creating new literature and the importance improving old literature. Teachers have to stop blaming the internet for their failures in Teaching and students have to stop blaming teachers for their failures in learning even if it's true. Punishing students or the threat of punishment for plagiarism is not teaching.

If a teacher finds plagiarism then the teacher should highlight it and ask the student to Cite the Source and also comment on why it is correct or incorrect. 

Testing Failures - Fair Use

Academic Integrity is the moral code or ethical policy of academia. This includes values such as avoidance of cheating or plagiarism; maintenance of academic standards; honesty and rigor in research and academic publishing.

Academic Integrity - Academic Integrity - Academic Papers - Thesis an Essay Tips

Academic Honor Code or honor system is a set of rules or ethical principles governing an academic community based on ideals that define what constitutes honorable behaviour within that community. The use of an honor code depends on the notion that people (at least within the community) can be trusted to act honorably. Those who are in violation of the honor code can be subject to various sanctions, including expulsion from the institution. Honor codes are used to deter academic dishonesty.

Academic Dishonesty, academic misconduct or academic fraud is any type of cheating that occurs in relation to a formal academic exercise. It can include Plagiarism: The adoption or reproduction of original creations of another author (person, collective, organization, community or other type of author, including anonymous authors) without due acknowledgment. Fabrication: The falsification of data, information, or citations in any formal academic exercise. Deception: Providing false information to an instructor concerning a formal academic exercise—e.g., giving a false excuse for missing a deadline or falsely claiming to have submitted work. Cheating: Any attempt to obtain assistance in a formal academic exercise (like an examination) without due acknowledgment (including the use of cheat sheets). Bribery or paid services: Giving assignment answers or test answers for money. Sabotage: Acting to prevent others from completing their work. This includes cutting pages out of library books or willfully disrupting the experiments of others. Professorial misconduct: Professorial acts that are academically fraudulent equate to academic fraud and/or grade fraud. Impersonation: assuming a student's identity with intent to provide an advantage for the student.  Academic dishonesty has been documented in every type of educational setting from elementary school to graduate school. Throughout history this type of dishonesty has been met with varying degrees of approbation.

Search for Copies of your Page on the Web
Turn it In Plagiarism Checker
Plag Tracker
I Paradigms Plagiarism Detection in Research

Plagium Plagiarism Checker (Copy & Paste) - If you find a uniquely-phrased section of text of at least ten words, then copy and paste the entire into the Google search bar to find matches.

Plagiarism Today - Student Plagiarism

A new study by the Society of Critical Care Medicine has found that 82% of medical residents and 74% of attendings copy and paste more than 20% of their EHR patient progress notes from one session to the next. Copying and pasting notes from one patient visit to the next, known as “cloning”, can perpetuate outdated or inaccurate information, and is widely seen as a poor practice, even if it appears to save time.

78% of shares are made via Copy & Paste. 78% of students cut-and paste for homework from the internet.

Cut and Paste is to move text or data from one place in an electronic document or computer system to another via the cut and paste functions.
a combination of the functions ‘cut’ and ‘paste’, by which text or data is moved from one place in an electronic document or computer system to another. Cut, Copy, and Paste are related commands that offer an interprocess communication technique for transferring data through a computer's user interface. The cut command removes the selected data from its original position, while the copy command creates a duplicate; in both cases the selected data is kept in temporary storage (the clipboard). The data from the clipboard is later inserted wherever a paste command is issued. The data remains available to any application supporting the feature, thus allowing easy data transfer between applications.


Citations - References


Citation is a reference to a published or unpublished source (not always the original source). More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of acknowledging the relevance of the works of others to the topic of discussion at the spot where the citation appears.

Citation Guide - Citing Sources

Reference is a relation between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to refer to the second object. The second object, the one to which the first object refers, is called the referent of the first object.

Citation Impact is a measure of how many times an academic journal article or book or author is cited by other articles, books or authors. Citation counts are interpreted as measures of the impact or influence of academic work and have given rise to the field of bibliometrics or scientometrics, specializing in the study of patterns of academic impact through citation analysis. The journal impact factor, the two-year average ratio of citations to articles published, is a measure of the importance of journals. It is used by academic institutions in decisions about academic tenure, promotion and hiring, and hence also used by authors in deciding which journal to publish in. Citation-like measures are also used in other fields that do ranking, such as Google's PageRank algorithm, software metrics, college and university rankings, and business performance indicators.

Citation Analysis is the examination of the frequency, patterns, and graphs of citations in documents. It uses the directed graph of citations — links from one document to another document — to reveal properties of the documents. A typical aim would be to identify the most important documents in a collection. A classic example is that of the citations between academic articles and books. For another example, judges of law support their judgements by referring back to judgements made in earlier cases (see citation analysis in a legal context). An additional example is provided by patents which contain prior art, citation of earlier patents relevant to the current claim. Peer Review.

Citing Guide for Electronic Information - Citation Principles

Source Evaluation is the process of evaluating an information source, i.e. a document, a person, a speech, a fingerprint, a photo, an observation or anything used in order to obtain knowledge. In relation to a given purpose, a given information source may be more or less valid, reliable or relevant. Broadly, "source criticism" is the interdisciplinary study of how information sources are evaluated for given tasks (cf. next sections).

Journalism Sources - Academic Papers

Acknowledgment in creative arts and sciences is an expression of gratitude for assistance in creating an original work. Receiving credit by way of acknowledgment rather than authorship indicates that the person or organization did not have a direct hand in producing the work in question, but may have contributed funding, criticism, or encouragement to the author(s). Various schemes exist for classifying acknowledgments; give the following six categories: moral support, financial support, editorial support, presentational support, instrumental/technical support, conceptual support, or peer interactive communication (PIC). Apart from citation, which is not usually considered to be an acknowledgment, acknowledgment of conceptual support is widely considered to be the most important for identifying intellectual debt. Some acknowledgments of financial support, on the other hand, may simply be legal formalities imposed by the granting institution. Occasionally, bits of science humor can also be found in acknowledgments. There have been some attempts to extract bibliometric indices from the acknowledgments section (also called "acknowledgments paratext") of research papers in order to evaluate the impact of the acknowledged individuals, sponsors and funding agencies. Movie Credits.

Acknowledgment index is a method for indexing and analyzing acknowledgments in the scientific literature and, thus, quantifies the impact of acknowledgments.

Citation index is a kind of bibliographic index, an index of citations between publications, allowing the user to easily establish which later documents cite which earlier documents.

Writing Guides - Writing Styles and Guides - Writing Tips

Modern Language Association

Internet Searching Tips

Writing Studies is the teaching and scholarship in rhetoric, writing, and technical communication. What is writing studies?

Literacy Books & Websites
Resources for Information
Online Education

"No one owns words, we just borrow and use words. I didn't create language or did I create words, all I do is borrow words and assemble them in a way that I can understand what they mean. I'm always learning so how I assemble the words today may not be the same way I assemble them tomorrow."

"I myself don't feel it is stealing, because I put all the material into a completely different and unique context and from the outset consistently promoted the fact that none of that is actually by me."~Helene Hegemann


Copyright Agreement Sample


All Images are copyrighted. All rights not specifically granted to you by this Agreement are reserved. Your right to reproduce an Image or video is subject to the restrictions set forth in this agreement. Use is not licensed until payment is received.

2)  Reproduction Rights Granted
By this agreement, Howard Polley Photography (Looking For Adventure.com) grants to you a personal, non-exclusive, non-transferable right to reproduce any Image or video from Looking For Adventure.com in one, and only one, of the following ways for the span of 2 years from date of purchase. 

A)  Print Usage:
When Licensing an Image for Print Usage (Megabyte Image File) you may incorporate the Image in a print reproduction such as: Advertising, editorial, catalogs, brochures, reports, disposable packaging, book covers, educational textbooks. The License for print Usage includes the rights granted for Multimedia Usage under section "B" below

B)  Multimedia Usage:
When Licensing an Image for Multimedia Usage (Megabyte Image File) you may incorporate the Image in a Non-print reproduction such as: web sites, broadcast video, multimedia presentations and CD ROMS; provided the image is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied.

4)  Non Transferable:
"Non-transferable, " as used in section 2, means that the work you produce, Incorporating the Image, must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the Image or the right to reproduce the image.


RM Photos - Rights-Managed Photos

Rights Managed refers to a copyright license which, if purchased by a user, allows the one-time use of the photo as specified by the license. If the user wants to use the photo for other uses an additional license needs to be purchased. RM licences can be given on a non-exclusive or exclusive basis.

RF Photos - Royalty Free Photos

Royalty-Free refers to the right to use copyright material or intellectual property without the need to pay royalties or license fees for each use or per volume sold, or some time period of use or sales.

Copyright © Not to be used without prior written consent.

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

Copy Right.gov - Copyright School (youtube)

Use TinEye to search the internet's Digital Signatures of Images to see if your photo is being used without permission.

Digimarc digital identity that computers and other digital devices can see, hear, understand and react to. 

Browse Wrap a contract or license agreement covering access to or use of materials on a web site or downloadable product.

Clickwrap is a common type of agreement often used in connection with software licenses. (also known as clickthrough agreement or clickwrap license).

Shrink Wrap Contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract.


Original ?


It's hard to be an original these days, it seems that there's always someone else who came up with the idea already, but maybe yours is just a little different, and that's fine, because we all stand on the shoulders of giants. Everyone has the ability to add to life and make a little change, a little improvement, or another variation that we may learn something from. We do not want to stifle innovation, but you don't want to encourage waste either. And just because someone else is being paid to waste, this does not make it right or good. Again money influencing ignorant actions, not all bad, it's just most of these actions are not good or right. If you're wasting time that causes other people to waste even more time, that's just crazy, because that sure isn't life.

Wasted Time + Wasted Time = No Time - No Life. That is the Formula For Death.

Designing

So it seems that you think that your work is so special that it demands a certain price. I assume that you've done your calculations and that you have included reality in your numbers. Once we start the conversation about priorities, money will not be accurate when measuring value. You have to use this Formula For Life; (People + Time + Resources = Something That Is Needed). And this need is based on priorities and the amount of People + Time + Resources. And hopefully this need is either eatable, drinkable, recyclable, reusable, repurposed, biodegradable, and something that will benefit people without causing others to suffer because of this benefit. Because that is something that is not a benefit, so it could only be a crime.

Should you be able to patent a Human Gene? (video and text)

Yes we want everyone to be paid fairly for their services, so this is not about copyright, this is about Money, and that's the cause of the problem, but it's not the root of the problem, because the root of the problem is education. And once we improve education, then this page can then be filed in our history, and we can occasionally look back at this and laugh about how stupid we were then. Capitalism is corrupted and flawed, and of course that abuse spreads through society like a disease. Causing more corruption and more abuses like Counterfeiting, Replication, Copying, Piracy and  Copyright Infringement. We want to share but we don't want our sharing to cause more harm then good. If you are stealing for the money then you are as criminal as the people at the top. The only thing that trickles down from Capitalism is ignorance. 

Almost No Patented Discoveries Ever Get Used

Just because you found something doesn't make it yours. Even if someone gives you something that doesn't make it yours either, and it may not even be theirs to give in the first place. Ownership is a fallacy and an illusion, we all live on borrowed time. So where did time come from? Be thankful, be grateful, but don't be blind. You don't own your life, life was never yours to begin with. Even your thoughts and ideas are not really yours, because you didn't create the language that you use. Language was given to you. Language was built by the combined efforts of millions of people over thousands of years. Everyone alive today is a product of the 100 billion humans that struggled to survive for 10's of thousands of years, all before you were even born. And just because you assembled this language in a certain way you now want to take ownership? To say "This is Mine" is a lie and a distortion of reality. Not to say that you shouldn't have things, it's just saying that you shouldn't hold on so tightly to the wrong things for the wrong reasons. You can be an individual, you just can't pretend that you are disconnected from everything and everyone around you. We know for a fact that sharing has many more benefits then not sharing, so why are we doing this to ourselves? I Think for myself is a lie, because to think for yourself without any outside influences is impossible. You did not create language, you did not create the words in that language, you did not learn the definitions of those words by yourself because someone already defined them for you. Everything that created your intellect has been given to you. And some how you claim ownership of things that came out of your mind when your mind is not totally yours. A million people are involved in your creation, and you turn around and lay claim and pretend that your particular idea is yours.

Sharing Economy
*
Self-Interest is taking advantage of opportunities without regard for the consequences for others. A lack of generosity; a general unwillingness to part with money, resulting from a concern for your own welfare and a disregard of others. An excessive desire for wealth (usually in large amounts). Greed - Me, Me, Me

Morals - Needs versus Wants or Likes

"If you want everything you must be willing to give up everything."

It's funny how Apple can use other peoples ideas and technology, but as soon as some one else uses their ideas and technology, they sue them for millions. This is not even the worst of this type of insane thinking. The most damaging part of technology abuse is, who actually has the right to use people, time and resources to make an inferior product based on Planned Obsolescence, the answer is no one. If the only benefit is that a few people are profiting from this technology, while at the same time causing more damage to the earth then their product alleviates, then this is the real crime, not the Patent Infringement.

Money does not determine the Worth, the Cost or the Value of something, money only determines the Price of something. We need companies to work together to make the best product possible that would benefit everyone on the planet. Otherwise we are just fighting over who gets to poison people and the planet the most. For now Corporations are people, but they are sick people who belong in a mental institution where they can get the help they need, hopefully before they kill us all with their insanity and ignorant greed.

US Patent 8,086,604 - Trademark Dilution (wiki)

Collectivism (social order)

Remix - Money Education

Declaratory Judgment is the legal determination of a court that resolves legal uncertainty for the litigants.

Copyright Criminals (youtube)

"Social Innovators, Non-Profits, Schools or any Social Improvements should be exempt from royalties and patent laws as long as they do not waste the technology, people, time, and resources, or impede any other improvements or advancements."

Innovation Act is a bill that would change the rules and regulations surrounding patent infringement lawsuits in an attempt to reduce patent lawsuits.


Trolls - Predators


Troll is someone who provokes or abuses other people, especially on the Internet. Trolling is a form a click bait. Other definitions for troll.

Patent Troll is extortion and blackmail that is mixed with frivolous lawsuits, monopolies and censorship. Patent Troll is a categorical or pejorative term applied to person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, SLAPP, chilling effects, and the like) usually backed by a large war chest, sometimes to the extreme of what critics regard as legally sanctioned extortion.

Commenting - Internet Troll Bullies - News Propaganda

Last Week Tonight with John Oliver: Patents (HBO)
Drew Curtis: How I Beat a Patent Troll (video)
The Patent Scam (youtube)

"Giving Proprietary Rights is like giving a predator the right to Rape. And that is exactly what corporations are doing."

Predation is an a predator that kills and eats its prey. Pedophiles.

Reverse Payment Patent Settlement are a kind of agreement that settles patent infringement litigation, in which the company that has brought the suit agrees to pay the company it sued. That is, the patentee pays the alleged infringer to end the lawsuit and stop challenging the validity of the disputed patent. These agreements are distinct from most patent settlements, which usually involve the alleged infringer paying the patent holder.

Exclusive Right is to acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utilities, or, in some jurisdictions, in other sui generis legislation. Many scholars argue that such rights form the basis for the concepts of property and ownership. Privately granted rights, created by contract, may occasionally appear very similar to exclusive rights, but are only enforceable against the grantee, and not the world at large. Comment Abuse.

$20 billion was spent on patent litigation and patent purchases in the last two years. What a waste of time, people and resources.

Patent Analysis by M-CAM.

Patent applications has increased by more than 50 percent over the last decade to more than 540,000 in 2011. Google has received 2,700 patents since 2000 and Microsoft has received 21,000. Patents should only be about documenting ideas, mainly so that people don't waste time, resources and effort pursuing bad ideas. But the way it is now the patent system is painfully wasting time, resources and efforts because it is manipulated and corrupted by money, and all this at the expense of the public and the environment. This is insane. If actions cannot be openly Debated and Justified, then our actions become based on Lies, which makes all Civilizations very Destructive, as seen throughout human history.



Victimless Crime ?


You're right, it isn't a Victimless Crime, after all, you created the victims in the first place, so I guess you want all the victims to yourself. Don't victimize my victims, yes you are insane. We have a screwed up system of money that encourages people to steal. We need people to prove necessity and the true value, and we need to stop corporations from exploiting laws that were ignorantly and corruptly written, for they do not confirm or calculate accuracy or truth. So you see, after you have done your math correctly, you are right in your creation, but you are undeniably wrong in your estimated value, so please stop asking to be compensated for your greed, ignorance and abuse, you're just wasting more time, people and resources then was originally needed. So you actually owe us, so pay-up morons! If I steal something that doesn't really benefit me, then who's benefiting? No one. Our education system needs to start educating people more thoroughly, more effectively and more accurately. Inadiquite Education is the cause of all our problems, but when we improve education, it will be the solution to all our problems.

Using Copyright Laws to Attack the Internet

Not Invented Here is a stance adopted by social, corporate, or institutional cultures that avoid using or buying already existing products, research, standards, or knowledge because of their external origins and costs.

Patent Thicket is a dense web of overlapping intellectual property rights that a company must hack its way through in order to actually commercialize new technology," or, in other words, "an overlapping set of patent rights” which requires innovators to reach licensing deals for multiple patents from multiple sources.

Can Patent Pools help patent holders realize their responsibilities towards humanity.

Ellen 't Hoen: Medical Patents (youtube)

Don Tapscott: Four Principles for the Open World (video)

Exhaustion Doctrine constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets is governed by the principle.

Design Around means to invent an alternative to a patented invention that does not infringe the patent’s claims. The phrase can also refer to the invention itself.

Development Problems

The Pirate Party formed to reform laws regarding copyright and patents.

"One of the main reasons why humans have survived so long on this earth is by the sharing of information and knowledge. But for some reason there are ignorant people who want to put a price on this life preserving action that we call "sharing". 

Pass it on

Choices should only be about fitting a particular purpose or need. The world does not need a thousand different types of cell phones. We should only have cell phones that provide a particular purpose or need. And all the other manufactures should just get together and combine their technology and efforts into only a handful of cell phones so that the cost and waste is low. With violating Intellectual Freedom.

Technology is Just a Tool

The Human Brain will always be King

Anything that you create could never be totally all yours. You would have had to use some tool or information and knowledge given to you by other people to make what you did. Like when I take a photo, I didn't make the camera, I didn't make the technology that prints the image or the technology that displays the image electronically. I also learned photography techniques from other photographers and received knowledge and information from other people that helped me become a good photographer. All I did is put myself in the right place at the right time and then push a button, a button that may or may not capture the image correctly. That is my work, but it was work that was only made possible by the efforts and the knowledge of hundreds and thousands of other people. So I can't take all the credit, so how could I ask for credit? What is the true value of my work? Can I quantify the positives against the negatives? In order to effectively measure value you have to use science and an open consensus of well informed citizens who are capable of choosing wisely? Then what is the proper compensation? What other forms of compensation should be considered besides money? This should be about funding good ideas and not about impeding new ideas.

Every Person Alive Stands on the Shoulders of Giants, so don't forget to Pass your Baton.

Columbusing Most of the time People are not really discovering anything new or creating something new, they're mostly just realizing something that was already there, and usually they're not the first to realize it. And on top of that they're not even fully aware of all the positives and the negatives that will come from this realization. Christopher Columbus didn't discover America, all he did was realize that people and land were on the other side of the ocean. You can't discover something when people are already there, the Indians must have thought that he was nuts. And the worst part is when Columbus shared this realization with other people in his country that's when this realization turned into a nightmare and caused the deaths of millions of Indians and the destruction of land on a monumental scale. So some realizations are not thought through enough in order to fully understand all the implications that will come from this realization. Like learning to split an atom. So you think you discovered something new but all you did was cause the death of millions of people and the poisoning of millions of acres of land, and you want a patent for that? You are mentally ill. The same thing with people discovering oil. The only reason that you were able to realize something was that 100 billion people lived and died before you were even born, giving you the chance to realize something and hopefully learn something from it, hopefully something that will benefit people and the earth that provides us with life. You can't take credit for the work of billions of people, all you can do is honor them by making the most out of your life by making a positive difference in the world. "Next time, try not to destroy what you have discovered."

Indigenous People's Day (wiki) - The Seattle City Council introduced a resolution on Monday to recognize Indigenous Peoples’ Day on the same day as the federal holiday Columbus Day. Thank You! (October 08, 2014).

Sandusky, Ohio, Makes Election Day A Paid Holiday — By Swapping Out Columbus Day.

American Indians

No one really discovers anything, you can only realize something that was already there. No one discovered math because math was already there. Math became known when someone realized that certain patterns can be measured by counting them using numbers. Then someone else realized that you can make equations from numbers. Math is a language. And no one discovered Language because you are born with language. Every human is born with instincts to make sounds to communicate information, like crying and screaming. Then from there we began making more sounds, which gave us the ability to communicate even more information. We even realized that we don't even have to speak to communicate, we can use hand gestures, and even use math symbols. Humans have 6 Senses to Receive Information because information is everywhere. And now that we have thousands of advanced technology tools, humans can now receive more information then ever before. And we just got started.

The next big discovery will be when humans finally realize their full potential. That realization will be the biggest discovery of all time. It will be like finally realizing that you're alive and that you were never fully awake. So hold on, this ride is going to be amazing.



Previous Subject Up Top Page Next Subject



The Thinker Man