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Legal Lessons and Ramifications That Can Be Learned From iTunes

By Anthony S. Volpe

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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