Monday, December 15, 2014

Intelectual Property, What Do You Really Own?

Recently in the news media was a story about the hacking incident of Sony Pictures. It seems their computers were hacked and at least five movies were stolen and distributed free of charge. On addition to that private emails we also stolen and the distributed to the media who has published and made comment on their contents. A few of these emails contained some pretty embarrassing comments from executives who made some pretty disparaging remarks about some well known celebrities.

With those disclosures this morning lawyers from Sony Pictures sent cease and desist letters to three major media outlets stating that they were prohibited from making comment, posting comment, etc. because the material in their possession is stolen. With that in mind, it is a very interesting argument for certain.

Just as it it illegal and against the law, and we would not allow a person to break into our home or business and take its contents and our personal property to then give the same to someone else, are the contents our our computers similar property? In my opinion, if it matters, is YES, most certainly. And here is my argument as to why.

If I take a concept from MY mind or a thought or idea, and put it down on paper and publish it, I most certainly own it and no one is allowed to profit from it with out my permission. So to, when I write an email to someone else, and send it to them, then I also own that too. The fact that I shared it with someone, does not relinquish ownership. Here is an example: I write an article to be sold and published in a magazine, there is no question as to ownership, until it is sold and ownership passes from me to the magazine. But the fact that I take the same article and send it to my editor for editorial correction or comment, does not pass the ownership from me to the editor. So true is the email I send to a recipient. The ownership is still mine, and does not pass from one to another.

So when the hacker comes into my computer system and steals my material or in the case in point, Sony Pictures, that hacker is in possession of STOLEN material and should be prosecuted for the theft. I am sure that in today's technological world there are many State and Federal laws that cover this. So what about when the hacker puts it out there on a website? Does that give anyone the legal write to take the information and re-publish it? Once they take the information are they in receipt of stolen goods? I would think so. I would also think that these media outlets would also understand that the same is true for them too. Should that hacker get into their computer systems and publish sensitive information, I am sure they would not be too happy about it.

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