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Published byAbigail Daniel Modified over 9 years ago
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Tim Morrison Evan Groth Mark Merriken Alok Parikh
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What is Patent Infringement Patent: A grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time. Patent Infringement: Violation of the rights secured by a patent.
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Case Recap EOLAS vs. Microsoft Patent Infringement suit on against Microsoft Microsoft gets sued for breaching EOLAS patent on distributed hypermedia method for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document EOLAS wins the suit by gaining $521 million dollars from the Microsoft Corporation Microsoft obtained license from the EOLAS to use the plug-in technology Microsoft proposes change in Internet Explorer to avoid paying license fees to the EOLAS This change would create tons of problems in the normal working of web pages that use multimedia plug-in technology
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Stakeholders Primary: Microsoft and EOLAS Secondary: Internet Explorer Users
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Technical Problems Internet Explorer will no longer be able to display embedded objects. Web development could be stifled due to the requirement of programmers to learn new methods of embedding. Websites will break and potentially remain unusable until a specialist is hired to make corrections.
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ACM Code of Ethics Honor property rights including copyrights and patent Give proper credit for intellectual property Know and respect existing laws pertaining to professional work
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Social Problems Disrupting Society Meantime ○ Removal and development Online Communities ○ Youtube ○ Music Scene ○ Artists Business ○ Advertising ○ Asthetics ○ economy
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Ethical Problems Profound Effects User Business Computer Literacy Some users only know IE Patent Trolls Expedited process ○ Need change ○ Unfair to defendant
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Technical Solutions Microsoft could purchase Eolas’ license thus requiring zero changes to Internet Explorer. Once the license expired Microsoft could implement their own embedding method. Microsoft could “side-step” Eolas’ patented method of embedding by slightly modifying it.
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Solutions to Social and Ethical Problems 3 Ethical Principals Deontology ○ Does MS have a duty here? Contractarianism ○ Is there a violation?
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Deontology Meteoric Microsoft Huge Influence Customer First Prima Fascia Solution Purchase License
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Contractarianism The Contract Eolas Patent Violation Solution Purchase License? ○ Admit to stealing Develop New Code
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Recommendations Choosing the Course of Action What does MS want? ○ Protect Reputation Admit to Stealing ○ To Help Users Prevent User End Havoc Purchase License Prevent Financial and Personal Damage Develop New Code
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