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Maybe the 'i' in intellectual property should be lower case, as in iNtellectual property. In most cases, the problems relating to infringement of IP rights on YouTube are pretty clear-cut. The company (now owned by Google) primarily bears the onus of policing what is uploaded and downloaded on its site. And, clearly, some people made a lot of money as a result of Web site visitors watching a variety of videos.
As Apple, Inc. just announced record quarterly profits of $770 million, the iTunes world created by Apple, through its iPod portable music player and iTunes online music store, offers a different and ultimately more successful legal answer to regulating and protecting legitimate business interests in intellectual property. For IP practitioners, it requires a deep understanding of technologies, of foreign trade and international law, the interrelationship between patents, trademarks and copyrights, and the ability to see past the products, technologies and businesses of tomorrow.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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