Questions tagged [intellectual-property]

For questions concerning the ownership of ideas, designs and creative work. Specific IP tags include copyright, trademark, and patents.

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77 views

Do you automatically own half the IP created by your spouse?

https://twitter.com/richgel999/status/1334061416433807360 This Twitter thread raised an idea I'd never heard before: that in a marriage intellectual property is jointly owned by the spouses, which ...
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69 views

Discrepancy between robots.txt and TOS

This question made me think of a situation: Alice asks Bob to crawl web site realestate.example.com and return results of the regular expression "Price:([0-9]*).*Size:([0-9]*)" Bob points a ...
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Where in the world is decompilation and reverse engineering for security research legal?

Disclaimer: IANAL, the following is just my research up to now. I understand that in many jurisdictions, reverse engineering - and especially decompilation of software without explicit permission from ...
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1answer
46 views

Must a person obtain a license from console manufacturer before making a game for it? What was different in the 80s?

In this YouTube video around 2:30 it is stated There was no way to stop another company from making a game for your system. and Unlike now where you have to obtain a license to make a game legally ...
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How is value of intellectual property decided?

This question is with respect to tax law in India(you may also answer with respect to USA).If someone makes a software then popularizes it .The person has invested RS 100000 in making tghe software ...
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Is possible to prevent a site using my code?

I was told even when we cannot patent the code, there is a copyright or intellectual property on it. But what can we do with that? is that protecting from someone else using the code? If yes, what are ...
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1answer
60 views

Can the POPI act land the CEO of a tech giant in a South African jail?

The South African POPI Act could impose imprisonment on companies processing data unlawfully. Most tech giants do business in South Africa and do collect data and have faced fines for GDPR violations. ...
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24 views

What are the copyright requirements/restrictions to quote song lyrics and other copyrighted works in a novel?

I am working on writing a story (not actually sure if it will qualify as a novel or short story or what-have-you, but that's not relevant) In the story, a character is described to vividly remember ...
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34 views

Is it legal to publish a third-party server software that allows people to host their own dedicated server for a game?

One of our favorite online games recently got all its servers shut down so that it isn't playable anymore. As a few friends and I are quite experienced at programming and reverse engineering, we have ...
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1answer
52 views

Is it legal to alter and resell a product under its original name?

I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
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47 views

Are clothing designs described in literature protected by copyright?

Here's an example (source is Artemis Fowl: The Atlantis Complex) Yes, [the t-shirt] is so cool. There's a picture of a boy who for some reason has no neck and only three fingers on each hand, and ...
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Does this Intellectual Property Agreement assign the rights to IP created after employment ends?

This is an extract from a software developer Intellectual Property Agreement: “Intellectual Property Rights”: patents, rights to Inventions, utility models, copyright and neighboring and related ...
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148 views

What is the point of the disclaimer in Narcos?

Each episode of Narcos opens with a disclaimer that "Any similarity to name, character, history of any person is entirely coincidental and unintentional". Why do they have this disclaimer, ...
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199 views

Is it legal to publish a game that already exists but it was 100% developed by me

I am a lover of classic games and I've developed some classical games such as: Connect 4 Monopoly Trivial Battleship My main question is what will happen if I publish any of these applications in ...
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What laws cover patented DNA in humans in relation to the patent owner?

Some conspiracy theorists make the absurd claim that if patented DNA ends up in your genome, then you become a patented GMO, and thus the patent owner has some degree of legal control over you and/or ...
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Is it legal to depict public government buildings in a video game?

At my business, some people are deliberating about adding public government buildings to a level in our game. There are concerns about whether this is legal. I thought for sure I played games in the ...
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1k views

Disclosing prior inventions to company before starting work

I know some companies want on boarding employees to disclose to them any invention or innovation they have made. If you do not do this, can the company claim the invention or innovation as their own? ...
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92 views

At what point does an AI become a person?

When is a fully autonomous machine that can communicate with society and think for it self become classified as a being that can "own" property and manage others? Also, do they have certain ...
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53 views

Do licenses created by a company dissolve, void, or simply invalidate if said company bankrupts / sells assets?

So I made a previous question about a dissolved or possibly bankrupted company that I wanted to use assets of for a fan-made remaster / remake of their game. The said company has given access to their ...
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32 views

Why can Domain Registrars sell trademarked Domains?

For example, as of writing this, Vanillacoke.org is available for purchase. There would be nothing to stop me from buying this and Godaddy or whichever Registrar profiting from it. Why are domain ...
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Is it legal to redistribute a digital copy of a library book?

My library provides two ways to get a digital copy of a book: If the book is already digitized, then for a reasonable fee they allow to download it in PDF. For another very reasonable fee, they allow ...
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I might get sued for web scraping

So I recently made a video on Youtube. This video would help people create a bot that will purchase a product on a famous website called Newegg. The bot will automatically refresh the website every 45 ...
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4answers
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To what extent can a person use Wizards of the Coast's D&D monster information?

I am creating some software that, at the moment, uses parts of the same format of summarizing creatures as the published works of Wizards of the Coast. Specifically the 2nd edition of Advanced ...
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129 views

After I register a copyright for my app, what do I get?

Lets say I took my app (source code) and registered it with the copyright office of my country. After that what form of proof do I get? Do I get papers that have my souce code printed on them and ...
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627 views

Copyright Enforcement of Specification Sheets

For the sake of keeping this question focused, I am limiting the subject matter to technical data sheets. More so, to electronic component data sheets. I.e. for such components as resistors, ...
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114 views

Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
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49 views

Legal status of js code on web-site

Normally, every code, distributed to be run on user machines, come with a license. If you do not agree with a license, you can't run a code. Moreover, license clearly states responsibility of the ...
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39 views

Accidental infringement of 3rd party IPR

Need some help with a peculiar problem Google is unable to help me with. I’m about to enter into a contract as a Software Consultant with a product company to help them with their product development. ...
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1answer
66 views

Does the USPTO distinguish between downloadable software regarding trademarks?

Trademarks protect marks within their own categories, which can loosely be defined as fields or industries. However, some categories, like IC009, which covers downloadable software, is very broad. As ...
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What are the intellectual property rights around an idea for film?

Consider this hypothetical scenario. Person W (for Writer) wrote document X summarizing other documents publicly available; document X is copyrighted and available to the public in exchange for an ...
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6k views

Is it illegal for someone in the USA to access Sci-Hub?

Sci-Hub self-describes as "the first pirate website in the world to provide mass and public access to tens of millions of research papers". A Russian researcher posted most of the academic research ...
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1answer
104 views

If Google wins Google v. Oracle America then would creating API compatible software clones be legal?

As of this writing, the Google v. Oracle America case over some of the Java APIs is set for argument on Wednesday, October 7, 2020 in the US Supreme court. If Google wins the case will that mean that ...
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61 views

Can information posted without a license and meant to be spread be assumed to allow commercial use?

Our organization has a cyber threat intelligence server, which we use commercially. There are a number of feeds posted by various organizations or individuals which contain things like malicious IPs, ...
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Do you have to surrender “ideas” in intellectual property transfer?

I'm looking at an MSA for software services that reads, in part, emphasis mine: Contractor agrees that all of the work product produced under this Agreement, including without limitation all notes, ...
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Social media posts ownership: US Copyright Office

The US Copyright Office recently introduced in August 2020 the option of copyrighting "short online literary works such as blog entries, social media posts, and short online articles" https:/...
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149 views

Can a beer brewery and liquor distribution company have almost the same names, since they are different classes/categories?

If a beer brewery has already trademarked the name barrelhouse, and I own a liquor distribution company, for wine and spirits, that I wanted to trademark as barrelhouse selections would this pass?
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397 views

How is NTFS licensed?

What are the restrictions on NTFS and in what ways can I use NTFS? Can I boot from NTFS without worrying about Microsoft suing me? Is it based on if I have a Windows license? I asked a similar ...
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1answer
99 views

Legality of second-hand selling and swapping [closed]

I was wondering if there are any restrictions in some parts of the world to sell second-hand/share items such as books/CDs due to copyright/intellectual properties? I'm asking because I know that in ...
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1answer
105 views

Employment intellectual property ownership loopholes

Thanks in advance for any suggestions or help. I work for a large software corporation and have in my employment contract the standard clauses saying the company owns essentially any idea of mine ...
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1answer
76 views

Has there been a SCOTUS case which clarified the meaning of the phrase “to promote the progress of science and useful arts”?

The US constitution article 1 section 8 gives the Congress an enumerated power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the ...
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90 views

Extracting an item from a real game inside a comic

Suppose I make a webcomic, where at some point one of the characters wields a portal gun, similar to the one in Valve's "Portal"; in fact, the point is that this gun, in the comic universe, ...
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424 views

Yacht Rock and the Intellectual Property Rights of Work Trademarked by a Second Party

So I'm curious about the legal standing of an IP trademark owned by a party that did not originate the concept, but which is using it, potentially to the detriment of the original work, to suppress ...
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69 views

“Personal ideas” website: using contributions from readers freely

Let's say I'm thinking about an unsolved mathematical problem for a hobby and I draw some conclusions of my own. I'd like to make these ideas public, allow anyone to use them absolutely freely (even ...
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216 views

Cybersquatter posted my domain for sale after I queried it - can I still file a UDRP?

I'm in a situation where a cybersquatter holds a domain name that I have trademarked. My company "Example Ltd" is based in the UK, and we've been established under our brand name for over 30 years. ...
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“Etsy” plans as download - license, restrictions?

"Etsy" is an online platform designed to allow individuals to sell models via a standardized platform. Some sellers off downloadable files, containing plans to recreate those models. Example, rubber ...
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81 views

Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?

Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
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168 views

Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
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196 views

How can one open a profitable MMORPG private server (server emulator) legally?

Background The MMORPG in question has a Korean developer and a German publisher. It is pretty old, but is still live and running by the publisher. The game appears to be dying and has a very low ...
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133 views

Derivatives of Unauthorized Derivatives & Copyright

Imagine 3 parties: A, B & C. Party A owns all rights to image X. Image X is not in the public domain, and no explicit licenses for use to the other parties have been granted. Party B adds some ...
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1answer
31 views

Assigning intellectual property rights like a provisional patent to oneself while employed

A hypothetical: let's say I am employed in the U.S., and in a field where I am compensated for the results of my ideas or intellectual work, i.e. engineering. Let's say I have a roughly standard ...

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