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Protecting Intellectual Property

"Lawsuits primarily benefit the attorneys presentation, MBA was informed that
and nobody else." Harley wouldn't be
- Bryce's LawINTRODUCTIONThe protection purchasing our product, and that Arthur
of intellectual property should be a Young would be developing a similar
significant concern to all Information methodology for Harley instead. This
Technology organizations. Without made MBA suspicious, particularly since
protection, commercial hardware/software one of Young's consultants was a former
vendors would quickly evaporate as others "PRIDE" user. Consequently, MBA
would inevitably steal their designs and initiated a lawsuit over misappropriation
programs. Corporate developers would of trade secrets.This turned into a long
also suffer if their ideas, inventions, and ugly legal battle which lasted eight
and programs were misappropriated thereby years. Basically, the lawyers for the
causing them to lose their competitive opposition contended that since the
advantage. In fact, our corporate "PRIDE" materials had copyright notation
landscape and standard of living would be printed on them, they were in the public
radically different if we had no such domain. In contrast, it was our
protection. Fortunately, the framers of contention that "PRIDE" was a trade
the U.S. Constitution were wise enough to secret, In the end, we won the lawsuit
implement legislation safeguarding the and "PRIDE" was proven to be a trade
authorship and ownership of literature, secret in a court of law. This
art, and inventions, thus causing the litigation established many precedents
United States to flourish in the arts and and is often referenced in similar cases;
sciences. But the advent of the computer for additional information,
caused us to reconsider how we safeguard see:Chicago-Kent College of Law
such property. For example, the concept Law
of a computer program has been a bit years have gone by since the verdict
nebulous to some people; should the was passed. In 1989, Arthur Young &
source code be protected by copyright? Company merged with Ernst and Ernst (now
What about the object code (executable)? called Ernst & Young), the principals of
Attorneys have been debating this subject the case have moved on and we no longer
over the last thirty years and there is bear any ill-will towards the company.
still Further, "PRIDE" was placed on the
general confusion in the field.In 1974, Internet in 2004 (with copyright
MBA embarked on our own lawsuit to notation).As a result of the lawsuit, MBA
protect the "PRIDE" methodology. This learned a lot about the protection of
was a lengthy legal battle which took the intellectual property. I may not be an
courts into unchartered waters. At the attorney, but you may look upon this as a
time, "PRIDE" was nothing more than a convenient primer to protect
methodology implemented with printed yourself.COPYRIGHTSCopyright is primarily
manuals and forms (no software support at concerned with the authorized
the time). To safeguard our reproduction of such things as text,
product, our lawyers drafted a standard graphics, music, and audio/video
nondisclosure agreement which all recordings. As such, it protects
prospective buyers would sign prior to publishers, authors, artists, and
our sales presentation. Further, our designers from unauthorized republication
contracts included similar verbiage or redistribution of their work. Not too
instructing the customer to safeguard the long ago, in order for a copyright to be
physical embodiment of the product and enforceable, it had to be registered with
not to divulge it to unauthorized third the copyright office. However, the laws
parties.We were contacted by Arthur Young were somewhat loosened in 1976 whereby
& Company in 1974 to conduct a "PRIDE" copyright protection is now effective
sales presentation for one of their from the moment the work is first created
consulting clients in Milwaukee, in fixed form. Although the use of
Wisconsin; the Harley Davidson Motorcycle copyright notation is no longer
Company (then a division of AMF). The mandatory, it is highly beneficial to
attendees signed the nondisclosure include it whenever possible to indicate
agreement and the presentation was your work is protected by copyright.
conducted as usual. Following the




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