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عنوان فارسی مقاله:
اینجا کلیک کنید برای توافق: مدیریت مالکیت معنوی هنگام جمع آوری راه حل ها
عنوان انگلیسی مقاله:
Click here to agree: Managing intellectual property when crowdsourcing solutions
سال انتشار :2016
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بخشی از مقاله انگلیسی:
3. Terms and conditions apply
A crowdsourcing initiative represents an agreement between the organization and crowd members; thus, it is vital that the nature of the agreement be firmly established. The legal cornerstone of any crowdsourcing initiative is a carefully considered set of contractualterms and conditions. Terms and conditions may outline how intellectual property will be handled, contain provisions intended to limit exposure to third-party liability, and include information that can attract or repel contributors. It is important to note that potential crowd contributors can be motivated to participate–—or dissuaded from participating–—based on their perceptions of fairness regarding how organizations will treat their intellectual property. In a study considering the antecedents and consequences of expectations of fairness in crowdsourcing, Franke et al. (2013) found that perceptions were influenced by the distribution of value relating to profits, reputation, and intellectual property, as well as the transparency of terms and conditions. Expectations of fairness, in turn, influenced the tendency of potential contributors to participate, and expectations around intellectual property had the strongest influence on propensity of the crowd to participate. Stipulations relating to these expectations are outlined in the terms and conditions; they should be molded to align with crowdsourcing goals while keeping fairness and transparency in mind to protect the firm and maximize contribution from the crowd. The degree to which all crowdsourcing participants understand their legal rights and responsibilities is impacted significantly by the language and form of the governing contract, and is key among BUSHOR-1347; No. of Pages 11 Click here to agree: Managing intellectual property when crowdsourcing solutions 3 the determinants of transparency and perceived fairness. In some cases, individually negotiated intellectual property agreements–—conducted by expert crowdsourcing intermediaries such as NineSigma, Innocentive, and eYeka–—might be provided as part of a service offering. More often, however, standard-form contracts are typical. There are various ways in which crowd members can agree and be bound to online contracts, termed modes of adhesion. Among these, click-wrap agreements tend to be the most commonly used. ‘Click-wrap’ is derived from the licensing practice associated with software and media sold in plastic shrink-wrap. Courts agree that when customers open such shrink-wrap packaging, they contractually agree to whatever is printed on it. Click-wrap agreements are the internet equivalent, whereby relevant terms and conditions are presented digitally to the participant, who must then ‘sign’ the contract by clicking to agree. Alternatively, a browse-wrap agreement is much less conspicuous and is formed merely by accessing or using a website containing a link to relevant terms and conditions. The terms are usually accessible through a link in small font and dull color at the bottom of a web page, and stipulate that access or use of the web page/platform legally binds users to the contents of the agreement.
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