Running head: INTELLECTUAL PROPERTY ORGANIZER AND CASE
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Intellectual Property Organizer and Case Scenario
Frank J. Ball Sr.; Anastasia Terrell; Sheridon Ochoa; Jason Oxley
AET 531
March 10, 2014
Professor Lenora Spicer
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Running head: INTELLECTUAL PROPERTY ORGANIZER AND CASE
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• All content including documents
and files are property of the
university.
• All site materials and users
protected by international
copyright and laws.
•Any slogans, logos, or other items placed
on University sites are property of the
university.
•Written permission is required by
University or owner of item in order to
use in other contexts.
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•Users who identify claimed infringed
information can file a formal complaint.
•Designated agent at the University will file
claim and begin legal processes to
investigate.
Copyright
and Limited
Licensing
Copyright
Complaints
Trademarks
User Content
and Conduct
•Users are responsible for all content they
post in interactive areas, such as
discussion forums., and users conduct
must remain professional.
•Interactive area work is considered "as is"
whereas documents and files are
considered professional work through
copyright.
Running head: INTELLECTUAL PROPERTY ORGANIZER AND CASE
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Intellectual Property Organizer and Case Scenario
In preparation for creating the graphic organizer and scenario for this assignment,
Learning Team A researched University of Phoenix’s policies regarding intellectual property and
case studies that demonstrated theft of intellectual property. The case scenario contained herein
is a fictional accounting of intellectual property theft that presents a method in which an
unscrupulous individual could use technology to profit at other party’s expense. One can find
University of Phoenix’s intellectual property policy and the selected case study verbatim in
APA-cited block paragraph appendices at the end of this paper.
Case Scenario
John Doe, a graduate student in University of Phoenix's Master of Information Systems
(MIS) program creates an informational website as a part of CSS/562, Programming Concepts'
(University of Phoenix, Inc., n.d.b) requirements. After exchanging several posts with
undergraduate students using PhoenixConnect, John realizes there is a high degree of interest in
the materials the school uses for the graduate program. However, many students express dismay
at the stringent nature of the school's Copyright and Limited Licensing policy, especially as it
pertains to Digital Rights Management (DRM) on university and licensed materials (University
of Phoenix Inc., n.d.a). John begins to research methods of removing or bypassing the DRM on
the textbooks the school provides as a part of the program.
After extensive research, John finds and tests a method of removing the DRM from
textbooks. Because he recognizes the importance of these text books to other students, John
builds a subsite within his informational website that he disguises as a site index. To mask the
presence of the index, John makes the site's homepage easy to navigate, thereby negating the
need to visit the index. Additionally, John creates links on the homepage that directs visitors to
INTELLECTUAL PROPERTY ORGANIZER AND CASE SCENARIO
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University of Phoenix's official library, where students have the opportunity to legally download
or purchase the textbooks. However, when individuals who visit the site index click on the links
therein, the site redirects them to an independent site where students can purchase the digital
versions of the textbooks DRM-free for a price 25% lower than the publisher's suggested retail
price.
Over the course of the next year, John makes a significant amount of money by selling
the DRM-free textbooks to interested parties. The availability of the illegal copies is spread via
email by those in the know. To further increase business, John uses University of Phoenix's logo
and information he copies from the school's library. Although many of John's customers are
aware that he is selling the textbooks improperly, the presence of the university's logo and
factual information leads unsuspecting visitors to believe that the site is legitimate, thereby
deflecting suspicion. Soon, John begins to add other DRM-stripped books from the school
library.
Fourteen months after John engages in this illicit activity, an undergraduate student
complains on PhoenixConnect about the school's DRM policy. Another student, Jane Doe,
mentions that she had recently purchased a DRM-free textbook from a university site and
provides the link to the site. A faculty member notices the post while searching PhoenixConnect
for potential customer service complaints and promptly informs her supervisor, asking if she
should lock the discussion. The supervisor clicks on the link Jane provided and soon discovers
the purchase page. He immediately notifies the school's legal and IT departments. In less than
an hour, the IT department determines the name of the site owner and notifies the Dean of the
College of Information Systems and Technology.
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The dean calls the university president, who immediately holds a conference call with the
school's deans, IT director, and legal director. The deans decide to take the entire server that
hosts the site index down under the guise of maintenance, hoping that a non-targeted action will
not alert John Doe to the fact that the school has discovered his activities. The maintenance
exercise is to last 48 hours while IT analyzes the sites activities and legal consults with law
enforcement officials in John Doe's city of residence. Everything goes as planned, and 48 hours
after the maintenance exercise ends, John Doe is arrested and the site is permanently disabled.
The District Attorney's office charges John with intellectual property theft, copyright
infringement, and trademark violations. During the trial, the IT department reveals that over the
course of 14 months John Doe illegally removed the DRM from 75 books, and sold 742
textbooks from five different publishers. The publishers estimate their financial losses at
approaching $250,000. Representatives from University of Phoenix avow that they cannot
estimate the damages to the school resulting from John's use of the university's logo and
information. A jury finds John Doe guilty on all counts. The presiding judge sentences John to
five years in prison, orders him to pay the publisher's for lost revenue and legal fees, pay
University of Phoenix for use of its' trademark and intellectual property, and levies an additional
fine for theft; the fines total $1.5 million.
Based on his conviction, University of Phoenix expels John Doe for violating the school's
policy on User Content and Conduct (University of Phoenix Inc., n.d.a). Jane Doe is found
innocent of any wrongdoing as she is able to prove she was an unwitting violator. Subsequent
investigations result in 24 additional expulsions for students who knowingly purchased illegal
content from John Doe's site. University of Phoenix sends out notifications to all students
INTELLECTUAL PROPERTY ORGANIZER AND CASE SCENARIO
regarding the infraction and penalties, and uses the case as an example for warning students of
what can happen when someone chooses to steal intellectual property.
Summary
This scenario presents a plausible, yet improbable situation in which an individual intent
on financial gain steals intellectual property. Although, as evidenced in University of Phoenix's
(NAME), the school takes great pains to inform students and staff about the legal aspects of
intellectual property theft, as the scenario demonstrates, and the case the scenario is based upon
proves, that are those who will steal intellectual property regardless of warnings. Although it is
preferable to rely on the honor of customer and employees, by prosecuting thieves, entities who
own intellectual property can help law enforcement send the message that intellectual property
theft will not be tolerated. One can only hope that a scenario such as the one depicted herein
never comes to pass for University of Phoenix's intellectual property.
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Running head: INTELLECTUAL PROPERTY ORGANIZER AND CASE
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References
Ministry of Education, Republic of China (Taiwan). (2012). Information Education: Two
examples of intellectual property rights infringement. Retrieved March 7, 2014, from
Ministry of Education, Republic of China (Taiwan):
http://english.moe.gov.tw/ct.asp?xItem=11610&ctNode=514&mp=1
University of Phoenix Inc. (n.d.a). University of Phoenix Terms and Conditions Copyright/Legal.
Retrieved March 4, 2014, from University of Phoenix:
http://www.phoenix.edu/copyright-legal/terms_and_conditions.html
University of Phoenix, Inc. (n.d.b). Master of Information Systems: Courses. Retrieved March 8,
2014, from University of Phoenix: http://www.phoenix.edu/programs/degreeprograms/technology/masters/mis.html#tab=courses
Running head: INTELLECTUAL PROPERTY ORGANIZER AND CASE
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Appendix A – University of Phoenix Intellectual Property
University of Phoenix / Apollo Education Group Inc., as well as various other
educational institutions that operate collectively as Apollo Institutions will have a
website link to the terms and conditions for copyright and intellectual property
spelled out. For the University of Phoenix it can be found at:
http://www.phoenix.edu/copyright-legal/terms_and_conditions.html
Copyright and Limited Licensing
Unless otherwise indicated in the Sites, the Sites, the Services and all content and
other materials on the Sites including, without limitation, the University logo, and
all designs, text, graphics, pictures, information, data, software, routines,
documentation, technology, sound files, other files, and the selection and
arrangement thereof (collectively, the "Site Materials") are the proprietary
property of the University, Apollo or their licensors or users and are protected by
U.S. and international copyright and other laws.
Copyright Complaints
If you believe that any material on any of the Sites infringes upon any copyright
which you own or control, you or your designee, acting as a "Complaining Party",
may send a notification of such claimed infringement to our Designated Agent as
set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Tim West, Senior Corporate Counsel
Full Address of Designated Agent to Which Notification Should be Sent:
4025 S. Riverpoint Parkway, Phoenix, Arizona 85040; Mail Stop: CF-K612
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Telephone Number of Designated Agent: 602-557-1818
Facsimile Number of Designated Agent: 602-557-3015
E-Mail Address of Designated Agent: CopyrightAgent@apollogrp.edu
Trademarks
All logos and any other product or service name or slogan contained in the Sites
are trademarks of the University, or their suppliers or licensors, and may not be
copied, imitated or used, in whole or in part, without the express prior written
permission of the University or the applicable trademark holder.
User Content and Conduct
The Sites or the Services may include public or restricted access discussion
forums, or other interactive areas or services ("Interactive Areas"), including chat
rooms or message boards, online hosting or storage services, mobile applications,
tablet applications, or other areas or services in which you or other users create,
post or store any content, messages, materials, data, information, text, music,
sound, photos, video, graphics, code or other items or materials on the Sites
("User Content"). Interactive Areas are provided "as is". You are solely
responsible for your use of such Interactive Areas and use them at your own risk.
If you post User Content, you agree that your User Content will be accessible and
viewed by others.
These are but a few of the many terms and conditions listed within the page and
have been cut in length for use within this project. University of Phoenix and
Apollo Group have gone to great lengths to ensure that they have covered all of
the bases where it refers to copyright and intellectual property. At the bottom of
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INTELLECTUAL PROPERTY ORGANIZER AND CASE SCENARIO
each website page they will have a copyright logo with a hyperlink "See list of
trademarks" and include all of the trademarks used within the content pages. With
the copyright complaint division University of Phoenix has ensured that anyone
who feels their specific intellectual property has been misused in anyway has a
resource in which to contact and resolve the matter (University of Phoenix Inc.,
n.d.a).
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Running head: INTELLECTUAL PROPERTY ORGANIZER AND CASE
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Appendix B – Case Study Selected for Scenario Basis
Example 2
A graduate student in a Taiwan University uploaded publications of a domestic
publisher onto his website for downloading without authorization or consent. The
authorities were soon informed and the student was prosecuted and convicted of
copyright infringement.
The verdict was also sent to the student's school and the Ministry. As the student
was proved to have committed an infringement and was ordered to pay damages
of NT$100,000, the school printed the criminal and civil verdicts in newspapers.
The publisher urged the school to propagate the notion of respect for intellectual
property rights and properly punish the student to raise awareness.
Since the incident seriously impacted the school's reputation, in addition to
expressing concern, the school immediately referred the student to its office of
student affairs for punishment and apologized to the publisher.
Intellectual property rights are an issue receiving much global attention. The
Ministry urges teachers and students to use the Internet legally and in a reasonable
manner (Ministry of Education, Republic of China (Taiwan), 2012).
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