T Subsets - CNDI 2024

T – Subsets
Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks.
1NC
1nc – T Subsets
a. Interpretation:
“In” means “throughout”
Words and Phrases 8 (Permanent Edition, vol. 20a, p. 207)
Colo. 1887. In the Act of 1861 providing that justices of the peace shall have jurisdiction “in” their respective counties to hear and determine all complaints, the word “in” should be construed to mean “throughout” such counties. Reynolds v. Larkin, 14, p. 114, 117, 10 Colo. 126.
And, strengthening “rights” refers to “all” rights.
Fatai Omotosho 19. Lecturer Department of General Studies, Federal Polytechnic Ede, Osun State. Fundamental Objectives and Directive Principles of State Policy of Nigeria. Journal of Philosophy, Culture and Religion www.iiste.org ISSN 2422-8443 An International Peer-reviewed Journal DOI: 10.7176/JPCR Vol.40, 2019
Legal rights refer to all those rights found within existing legal codes that are protected by law and enforceable. A legal right is a right that enjoys the recognition and protection of the law (enforceable). A legal right cannot be said to exist prior to its passing into law and the limits of its validity are set by the jurisdiction of the body that passed the relevant legislation. An example of a legal right would be women’s right to vote and be voted for in Nigeria, as enshrined in the 1999 Constitution of the Federal Republic of Nigeria. Unlike moral rights which are grounded in moral reasons, legal rights derive from the laws of the society, legislature, customary rights that exist by local convention. Legal rights are such that, in theory, if they are violated, violator scan be punished by the criminal system (Omotosho 2017, 6 - 8).
b. Violation: the affirmative only strengthens one of the subsets in the topic. They’ve over-specified are are only producing one industry or one expression of the right.
c. Vote negative:
1. Limits. They open the floodgates to affirmatives that strengthen copyright for a single work against a single type of infringement, justifying thousands of individual affirmatives.
2. Ground. Core negative arguments are premised on large change across an entire area. We lose access to court clog, innovation, and economy disadvantages, which makes neg preparation impossible.
2NC
2nc – “In” Interp
“In” means throughout
Oxoden 1866
(Ashton, Reverend and Honorary Canon of Canterbury, “Our Church and Her Services”, p. 67, Google Books)
Thirdly, that His will may be done by us here on earth, as it is done by saints and angels in the world above. We say "in earth," and not on earth; for the word in means throughout—that is to say, in every part of the earth.
2nc – “Rights” Interp
Rights are ALL rights.
Internet Encyclopedia of Philosophy. "Human Rights". https://iep.utm.edu/hum-rts/
The distinction drawn between moral rights and legal rights as two separate categories of rights is of fundamental importance to understanding the basis and potential application of human rights. Legal rights refer to all those rights found within existing legal codes. A legal right is a right that enjoys the recognition and protection of the law. Questions as to its existence can be resolved by simply locating the relevant legal instrument or piece of legislation. A legal right cannot be said to exist prior to its passing into law and the limits of its validity are set by the jurisdiction of the body which passed the relevant legislation. An example of a legal right would be my daughter’s legal right to receive an adequate education, as enshrined within the United Kingdom’s Education Act (1944). Suffice it to say, that the exercise of this right is limited to the United Kingdom. My daughter has no legal right to receive an adequate education from a school board in Southern California. Legal positivists argue that the only rights that can be said to legitimately exist are legal rights, rights that originate within a legal system. On this view, moral rights are not rights in the strict sense, but are better thought of as moral claims, which may or may not eventually be assimilated within national or international law. For a legal positivist, such as the 19th. Century legal philosopher Jeremy Bentham, there can be no such thing as human rights existing prior to, or independently from legal codification. For a positivist determining the existence of rights is no more complicated than locating the relevant legal statute or precedent. In stark contrast, moral rights are rights that, it is claimed, exist prior to and independently from their legal counterparts. The existence and validity of a moral right is not deemed to be dependent upon the actions of jurists and legislators. Many people argued, for example, that the black majority in apartheid South Africa possessed a moral right to full political participation in that country’s political system, even though there existed no such legal right. What is interesting is that many people framed their opposition to apartheid in rights terms. What many found so morally repugnant about apartheid South Africa was precisely its denial of numerous fundamental moral rights, including the rights not to be discriminated against on grounds of colour and rights to political participation, to the majority of that country’s inhabitants. This particular line of opposition and protest could only be pursued because of a belief in the existence and validity of moral rights. A belief that fundamental rights which may or may not have received legal recognition elsewhere, remained utterly valid and morally compelling even, and perhaps especially, in those countries whose legal systems had not recognized these rights. A rights-based opposition to apartheid South Africa could not have been initiated and maintained by appeal to legal rights, for obvious reasons. No one could legitimately argue that the legal political rights of non-white South Africans were being violated under apartheid, since no such legal rights existed. The systematic denial of such rights did, however, constitute a gross violation of those peoples’ fundamental moral rights.
2nc – “Copyright” Violation
There are at least 5 mechanisms of copyright infringement.
Manish Jindal 24. Co-Founder and COO of BytesCare, with expertise in investment banking and a CFA Charterholder. "Copyright Infringement Statistics”. BytesCare. 1-17-2024. https://bytescare.com/blog/copyright-infringement-statistics
Types of Copyright Infringement
Unauthorised Copying and Distribution
Physical media: This involves the unauthorised duplication and distribution of copyrighted materials in physical formats, such as CDs, DVDs, and printed books.
Digital media: This includes the illegal copying and sharing of copyrighted digital content, such as music, movies, software, and e-books, through file-sharing networks, unauthorised streaming platforms, or other digital channels.
Stream-ripping
Stream-ripping refers to the practice of converting streamed content, like music or videos, into downloadable files without the copyright holder’s permission.
This type of infringement has seen significant growth in recent years due to the increasing popularity of legal streaming platforms.
Public Performance and Display
This type of infringement occurs when copyrighted works, such as music, movies, or images, are performed or displayed publicly without obtaining the necessary licenses or permissions from the copyright holder.
Creation of Derivative Works
Creating derivative works, such as adaptations, translations, or remixes, without the copyright holder’s permission constitutes copyright infringement.
This includes, for example, creating a movie based on a copyrighted novel or producing a cover of a copyrighted song without obtaining the necessary rights.
Software Piracy
Software piracy refers to the unauthorised copying, distribution, or use of copyrighted software.
This can include installing a single licensed copy on multiple devices, downloading cracked software from illegal sources, or distributing unauthorised copies to others.
Plagiarism
While not always a direct form of copyright infringement, plagiarism involves the unauthorised use of someone else’s copyrighted work, often presenting it as one’s own.
This can include copying and pasting text from an article or book, using someone else’s images or graphics, or incorporating someone else’s music or lyrics without proper attribution or permission.
That’s multiplied by multiple distinct mechanisms of enforcement.
Justia 23. "Enforcement of Copyrights Through Lawsuits & Criminal Charges ". 10-1-2023. https://www.justia.com/intellectual-property/copyright/enforcement/
If somebody infringes your copyright, you are entitled to file a lawsuit in federal court to enforce your rights. Remedies include obtaining an injunction or restraining order to prevent additional violations, an award of money damages, and possibly attorneys’ fees. The court can also order while an action is pending that any copies that are alleged to be in violation of the copyright owner’s exclusive rights, as well as templates for reproduction and records, be impounded. When making its final orders, the court can order the destruction or disposition of all the infringing copies that violated the copyright owner’s exclusive rights, as well as the templates for reproduction.