Crime and Criminal Behavior delves into such hotly debated topics as age of consent, euthanasia and assisted suicide, gambling, guns, internet pornography, marijuana and other drug laws, religious convictions, and terrorism and extremism. From using a faking I.D. to assaulting one’s domestic partner to driving drunk, a vast array of behaviors fit into the definition of criminal. The authors of these 20 chapters examine the historical contexts of each topic and offer arguments both for and against the ways in which legislators and courts have defined and responded to criminal behaviors, addressing the sometimes complex policy considerations involved. Sensitive subjects such as hate crimes are addressed, as are crimes carried out by large groups or states, including war crime and corporate crime. This volume also considers crimes that are difficult to prosecute, such as Internet crime and intellectual property crime, and crimes about which there is disagreement as to whether the behavior harms society or the individual involved (gun control and euthanasia, for example). The SeriesThe five brief, issues-based books in SAGE Reference’s Key Issues in Crime & Punishment Series offer examinations of controversial programs, practices, problems or issues from varied perspectives. Volumes correspond to the five central subfields in the Criminal Justice curriculum: Crime & Criminal Behavior, Policing, The Courts, Corrections, and Juvenile Justice. Each volume consists of approximately 20 chapters offering succinct pro/con examinations, and Recommended Readings conclude each chapter, highlighting different approaches to or perspectives on the issue at hand. As a set, these volumes provide perfect reference support for students writing position papers in undergraduate courses spanning the Criminal Justice curriculum. Each title is approximately 350 pages in length.
Chapter 11: Intellectual Property Rights
Intellectual Property Rights
Because of the importance of literary properties, digital technology, and business know-how that can be protected by intellectual property (IP) laws, there are ongoing debates, and widely differing views, on the scope of protection for IP and on the increasing criminalization of IP offenses.
The underlying tension in IP law, whether civil or criminal, is between protecting trade and promoting innovation. The twin goals that support arguments for greater protection of IP are (1) providing incentives for creativity and (2) protecting the results with trade monopolies. Critical values that support arguments for a larger public domain, where IP does not apply, include access to knowledge and freedom of expression.
The debate over IP rights and IP crimes is so heated that many ...