IP Controversies

For this blog post, I will be discussing current IP controversies in order to gain more knowledge on how I can protect myself when I launch my business plan. I will be looking at copyright infringement on memoirs, technology patents, and copyrights over use of likeness in brand name.

The first IP controversy is in regards to the copyright infringement on memoirs. The latest book, “Three Cups of Tea,” by Greg Mortenson is another book that the events are fabricated and publishing houses have fallen victim to such scams by authors. James Frey is another example with “A Million Little Pieces,” that his story was embellished in order to become a successful memoir. Authors sign confidentiality agreements with publishers stating all information in memoir is deemed to be true. However, since publishing houses cannot do complete background checks on all memoirs they trust the author in what is fact. In my opinion, this is an ongoing issue that publishing houses will continue to struggle with as it's impossible to check all facts in the memoirs. Publishers can only create stricter guidelines for writing memoirs and more detailed contractual agreements for punishment if information is fabricated. 

The second IP controversy is the lawsuit that Apple, HP and many other companies are being sued by Wi-Lan for using patents such as Wi-Fi and LTE networks. Wi-Lan has transferred its business model from a wireless company to making $50 million a year buying patents and licensing them to other companies. Cisco has had a lucrative deal with Wi-Lan for licensing agreements. In my opinion Wi-Lan seems to have strong arguments against the companies it’s suing. However, I don’t feel as though Wi-Lan will necessary win in regards to royalties. I feel as though Wi-Lan and the defendants will work out a licensing agreement instead of a lump sum of cash settlement. I foresee this case taking years to resolve as Wi-Lin still has lawsuits pending since 2007 against other companies for using its patents. 

The third IP controversy is the copyrights over the use of likeness in brand name. The music artist, Akon, is suing his business partners over copyright infringement for creating a fragrance with the brand name of his music label “Konvict.” After reading this article, I would definitely take Akon’s side of this argument due to the interpersonal relationships he has with his managers and the easy access to trade secrets. I believe Akon would win his case against his business managers. 

It is important to understand present and past IP controversy cases in order to better protect different elements of my business plan. It is by understanding different IP laws that I will know what my rights are and how to properly license other products or create work that can be protected. 

Sources

Haq, H. (2011, April 20). ‘Three Cups of Tea’: Is the publishing industry to blame for fabricated memoirs? The Christian Science Monitor. Retrieved from: http://www.csmonitor.com/Books/chapter-and-verse/2011/0420/Three-Cups-of-Tea-Is-the-publishing-industry-to-blame-for-fabricated-memoirs

Yin, S. ( 2011, September 2). Apple, HTC, More Sued Over Wi-Fi, LTE Patents. PC Magazine. Retrieved from: http://www.pcmag.com/article2/0,2817,2392383,00.asp

Z&M Media. (2010, April 26). Akon Sues Former Business Partners Over Use of Konvict Name For Their Fragrance. Hip  Hop Weekly. Retrieved from: http://www.hiphopweekly.com/2010/04/26/akon-sues-former-business-partners-over-use-of-konvict-name-for-their-fragrance/