Issue: Is copyright violated when the owner has not registered for it? Does the professor have the right to sue Cali Dreamin for violating copyright rules by using codes similar to his?
Rule:According to the laws regarding patent rights and copyrights, a person or a corporation can only claim ownership of copyright only when they registered the copyright with the relevant authorities. One cannot claim to be the owner of a patent when it has not been registered upon payment of a fee.
Application: Legal ownership of a copyright is deemed valid when the rightful owner registers the content with the Copyright Board. The Professor failed to register the source code and idea of the application which cannot be blamed on Cali Dreamin. As such, Cali Dreamin didn’t violate any copyright rules as speculated by the professor.
Conclusion: A person can claim the ownership of a patent right only when they register with the copyright Board (Kalson, 2017).
Issue:Are trade secrets owned by a single person and/or an organization? Is it right for professor Scot to sue Smarty Pantz/ Cali Dreamin for misappropriation of trade secrets?
Rule: Trade secrets are the contents, methods, or procedures known only to the developer/ owner and which are not disclosed to other people or organizations. It is the right of the owner (professor Scot) to sue Smarty Pantz for breaching the secret.
Application:Smarty Pantz could have liaised with the professor before uploading the content to other parties. In this case, the professor should legal procedures to sue Smarty Pantz for misappropriating the trade secret.
Conclusion: Trade secrets should not be disclosed to third parties without the consultation of the owner (Contigiani et al., 2018).
Kalson, M. (2017). Patterned Infringement.
Contigiani, A., Hsu, D. H., &Barankay, I. (2018). Trade secrets and innovation: Evidence from the “inevitable disclosure” doctrine. Strategic Management Journal, 39(11), 2921-2942.
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