Browsing by Subject "Intellectual property"
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Item ccMixter : creative commons in action(2011-08) Dunham, Ian Paul; Erlmann, Veit; Slawek, StephenccMixter.org, an online remix community that uses Creative Commons licenses to protect and promote their work, is a unique site of musical activity whose discourse is shaped by an egalitarian ideology. However, simultaneously exists a hierarchical structure in which some remixes are considered better than others. This report explores the coexistence of these two paradigms, and seeks to frame the discussion within the context of current IP policy politics, the open source movement, and fundamental shifts that the Internet has caused in communication.Item From paper to digitized expression: a treatment of intellectual property issues in application to rhetoric and technical communication(Texas Tech University, 1997-05) Herrington, Tyanna K.Although the topic of intellectual property law is virtually absent from the range of scholarship in the field of rhetoric and technical communication, because control of intellectual property is tantamount to control of knowledge creation, it is an area of grave importance to participants in the field. This dissertation examines the intersection among rhetoric and technical communication, the Internet, and intellectual property law. The study consists of two parts: the first is a pragmatic approach to understanding and applying the existing law; the second is a theoretical examination of the effect of the differing ideological stances on interpretation of intellectual property law. It also focuses directly on the effects of digitized communication and the impact of the Internet community on interpretations of the concepts of "authorship," "ownership," and "property." The study reveals that the ideological differences between the communities of rhetoric and technical communication and the Internet, and that of the legal community derive differing interpretations of "authorship," "ownership," and "property." The dissertation concludes by arguing that to follow the dominant ideological stance of the legal community can lead to a definition of property that subverts the intent of the constitutional intellectual property statute and, in turn, effectively prohibits egalitarian access to the dialogic process of knowledge creation that supports the cultural development of society.Item Pharmaceutical governance in Brazil : globalization, institutions and AIDS(2010-12) Flynn, Matthew Brian; Roberts, Bryan R., 1939-; Buckley, Cynthia J.; Ward, Peter; Ugalde, Antonio; Charrad, Mounira; Wilson, RobertThe Acquired Immune Deficiency Syndrome (AIDS) caused by the human immunodeficiency virus (HIV) represents one of the biggest challenges facing today's globalized world. Meanwhile, transnational drug companies have strengthened their market positions in developing countries as a result of the Agreement on Trade-Related Aspects of Intellectual Property (or TRIPS). Patent protection provided by TRIPS has led to higher prices and reduced access to essential medicines. Low- and middle-income countries are under increased pressure to provide expensive life-saving medicines to their citizens. Brazil's AIDS program is deemed successful in reducing morbidity and mortality rates through universal provision of free AIDS medicines. The program's sustainability came under threat as the result of TRIPS, pressures by transnational corporations, and trade threats by the US government. The research question that drove my dissertation centered on the impact of these threats on policy space available to Brazilian government to sustain its universal social program. How has the incorporation of patent protections for drugs affected the ability of local firms to develop pharmaceutical technology and challenged states like Brazil to fulfill social democratic obligations? Under what conditions can a developing country challenge the interests of transnational drug companies? I employed mixed methods for gathering and analyzing data. These included ethnographic field techniques, content analysis, and archival research. My findings are threefold. First, TRIPS has increased the power of foreign firms to secure monopoly positions in Brazil’s drug markets and weakened Brazil's labs to quickly make generic copies of essential medicines. Second, policy space, though curtailed due to external pressures and treaty obligations, expanded through the development of symbolic power, or what I call "reputational dividends," based on a successful social program. Third, by adroitly marketing its banner AIDS program by employing human rights principles, health officials constructed a triple alliance between the state, local private drug manufacturers, and domestic activists tied into transnational advocacy networks. I employ institutional and power analyses to examine the changing sources of power for transnational capital, social movements, and state actors, as well as analyze the impact patent protection has on the ability of Brazilian firms to produce medicines locally. I posit that globalization results in the formation of strong domestic coalitions who are capable of exploiting the "reputational dividends" of a successful social program in order to contest transnational corporate power. This symbolic form of power appears particularly well-disposed for "middle-income" countries that lack the material forms of power held by a global hegemon or transnational corporations.Item The impact of intellectual property rights on the commercialization of promoter and transformation technology in academia(Texas Tech University, 2000-12) Anderson, Kristopher LanceUniversity research in biotechnology provided much of the initial development of the biotechnology industry. However, following several decisions which lead to intellectual property protection of living matter, private industry has obtained exclusive patents on many of the tools and components of biotechnology research. Broad patents claiming the right to exclude all others from the creation of certain transgenic crops has restricted the abilities of other companies and universities to commercialize many genetic advances in most major crop species. Use of cotton is an example of the constrained environment that exists in research in the United States today. To ensure their research in crops like cotton has commercial potential, university researchers must understand the legal implications involved in using protected technologies, research materials and methods as part of their own research programs. Most patented research tools such as promoters and transformation methods that conduct exogenous gene expression allow for research exemptions through other formal agreement or lack of enforceability. However, commercialization of the research products developed using the protected technologies is often difficult or impossible. By having an understanding of existing patents in cotton, researchers can structure their projects to develop commercially viable products that will avoid infiingement or expensive licensing requirements. Knowledge of relevant issues in licensing agreements and research agreements, in addition to the standards applied toward infringing technologies, is necessary to allow researchers to avoid or improve upon patented technologies. The purpose of this research was to determine the impact of intellectual property rights on promoters and transformation methods on academic research programs.Item The media's coverage of the recording industry-Internet file sharing dispute: a content analysis(Texas Tech University, 2004-12) Baker, Jamaica AAs the dispute concerning Internet file sharing between the recording industry and proponents of Internet file sharing continues to grow and remain relevant in society, the coverage by the media has also increased. However, there seems to be one side, the supporters of the recording industry, which continually gets their voice heard. This study examines whether there is in fact objectivity in the media coverage of the issue. For this study, the researcher used newspaper articles and magazine articles to examine the media's coverage. A content analysis was conducted for the study. The testing method used for this study was chi square tests. The theories of framing and agenda-setting were applied to this study. After performing chi square tests, the content analysis seemed to reveal an imbalance m the coverage given to the two sides. It also showed how one side seemed to be successful in being able to convey a certain image of Internet file sharing.