Project #66061 - Cyber law assignment

I have to answer these 5 question with a minimun of 100 words for each question. 

1)

For apps to be featured on the iPhone, developers must build it with Apple’s software development kit and then apply for approval. Apple rejected the Google Voice iPhone App, and further stated that it would not accept any applications that incorporated Google Voice functionality. Apple reasoned that this app duplicates the phone’s core features. It also rejected Google’s location- based app Google Latitude. If you were developing a collaborative platform, do you think the best model is this collaborative model, or is the open innovation model better—if your main goal is to maximize innovation? What if your main goal is to make money?  Will Apple lose customers because of the lack of Google Voice support? 

 

2)

 Plaintiffs filed a class action lawsuit against in- vestment banks alleging that they inflated prices on more than 300 IPOs, causing IPO investors to overpay for stock, and unlawfully benefited these banks through overcompensation of banking commissions and profits made through quick sales of this stock in their own accounts before prices settled into a more realistic valuation. How would you combat such abuses going forward?

 

3)

As discussed in the text, Google and other search engines rely on advertising revenue as a central aspect of their business models. Keywords entered by consumers into the search engine are used to more effectively match advertisements with the consumers most likely to find those advertisements helpful. In the United States, Google uses both trademarked and nontrademarked terms as keywords in its search algorithm, and sells these keywords to both trademark owners and others to affect placement of sponsored advertisements.  Should search engines be allowed to sell trade-marked keywords to affect the placement of sponsored advertisements (as distinct from the organic results)? Why or why not?

 

4)

If you have ever read the small print accompanying a purchase of a box of software, you may have noticed that purchase transactions are often characterized as “licenses” rather than “sales.” If they are sales, then the first sale doctrine allows the buyer to resell the software to third parties. As noted in the text, courts have often upheld such contract terms, finding the transaction to constitute a license. But not always. In Vernor v. Autodesk,26 a district court held that when Autodesk, Inc. transferred a physical copy of its AutoCAD software to a transferee, the purported license was actually a sale. As a result, Vernor (a transferee) could resell his copies on eBay. The court described as a “critical factor” in its decision the fact that Autodesk did not require the transferee to return the software. If you were Autodesk, why might you not want copies of AutoCAD resold on eBay? Would you require transferees to return the software in order to ensure the transfer was characterized as a license?

 

5)

If you found excerpted claim 26 from the ‘298 patent in Hyperphrase Technologies v. Google difficult to understand, you are not alone. Critics note that patents are often drafted deliberately to obfuscate the invention claimed and to provide as little information as possible, making relevant patents both difficult for businesses to find and challenging to decipher. Why might businesses prefer to make their patents difficult to locate and understand? If you were a CEO of a business, would you instruct your patent department to try to draft patent applications as clearly as possible, or as opaquely as possible? Why?

 

 

 

Subject Law
Due By (Pacific Time) 04/20/2015 12:00 am
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