Friday, May 22, 2020

Writing News Faulkner Estate Lost a Lawsuit against Woody Allen

The lawsuits based on the alleged violation of copyright laws grow ever more common with every passing year and rarely make it to breaking news segments of newspapers and TV shows. The lawsuit of Faulkner Literary Rights LLC against Sony Pictures, however, was weird even by the modern standards. It concerned the nine-word phrase said by actor Owen Wilson in Woody Allen’s movie Midnight in Paris, which sounds as follows: â€Å"The past is not dead. Actually, it’s not even past. You know who said that? Faulkner†. According to the representatives of Faulkner estate, this phrase infringes their rights because the screenplay uses the fragment from the novel Requiem for a Nun without compensation or permission. The original phrase read as â€Å"The past is never dead. It’s not even the past† – that it, the sentence said in the film wasn’t even a word for word quotation. Nevertheless, the copyright protectors considered their lawsuit to be completely justified, because the phrase contained the â€Å"essence† of the original phrase and the novel in general and therefore belongs to them. However, as can be seen from this piece of news, common sense sometimes prevails even in our times. Federal Mississippi judge Michael Mills did not find the estate’s point of view to be legally correct – according to him, both qualitative and quantitative analyses suggest that the nine-word phrase in question is of minute importance to society (differently from the original work) and to the work of art as a whole. It was clearly seen that even the judge was annoyed at the behavior of Faulkner’s estate: he ended his argumentation by saying that the court has got acquainted both with the book and the film in question and is extremely thankful that the parties didn’t ask him to compare The Sound and the Fury (another Faulkner’s novel, well-known to be quite hard to comprehend) with Sharknado (a recent B-movie about sharks falling out of the sky), obviously pointing out the absurdity of the initial request. It is unknown whether Faulkner Literary Rights LLC is going to appeal against this verdict, but the possibility of another court making another decision seems to be rather slim at the moment. This lawsuit points out two things: firstly, that the copyright holders grow ever more aggressive and are ready to file the most absurd and ridiculous lawsuits. Secondly, that their opinion is becoming marginalized (albeit slowly) – even the representatives of judicial system sometimes show signs of being tired of their behavior. After all, what we see here is not protection of somebody’s rights (Faulkner died in 1962 and current copyright holders don’t have anything to do with his literary work), but arbitrary application of law in hope of getting some extra profit.

Thursday, May 7, 2020

Foundation of Business Law - 988 Words

Charlie is going to rescind the contract. He demands return of his money and compensation for the loss of commission on several high profile sales of his business. He wants to rescind the contract because the package of software recommend by Carmine was obsolete, despite Carmine’s assurances. This problem is concerned with the contents of the contract which is term in the contract, the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal assurances about the condition of the package of the software which recommended by Carmine was unable to utilise the Land Titles Office’s electronic lodgement of documents. Carmine will refer to the written contract which contains a clause that there is no warranty†¦show more content†¦This is an area difficultly for Charlie because the written contract does not record the oral promissory made by Carmine. Charlie asked Carmine that is the software suitable for his company use and Carmine has assured Charlie that it is suitable for his company but this is not written in the contract. Charlie has signed the contract without noticing that parol was not recorded in the written contract. If he sign the contract that means he has confirm the contract. Charlie would succeed in an action for misrepresentation. Carmine has made a statement of fact about the package of software (‘this package is widely used by several of well-established real agencies in South Australia wand was more than adequate for a small agency’) that is false and which has induced Charlie to signed and entered the contract. As a result of Carmine misrepresentation Charlie has suffered loss and damage of his company. It is fraudulent misrepresentation because Carmine knew that the package of software had already obsolete and had lie to make the sale. Charlie can rescind the contract and claim loss in the tort of deceit: Derry v Peek- Graw 12.7.2). Charlie can rescind the contract for unconscionable conduct. Carmine has destroyed the inequality in bargaining power that exists between him and Charlie. He is in much stronger position as a software dealer compared to Charlie who is in the weaker position as he just has basicShow MoreRelatedInfluences of Business Environment Essay1347 Words   |  6 PagesThe business environment is constantly changing as time goes by. There are several factors that affect the aspects of the business environment such as benefits, costs, and risks of conducting business. The type of business, economic, government, and legal influences are major contributors to the business environment, Riordan Manufacturing, Huffman Trucking, Kudler Fine Foods, McBride Financial Services, The Elias Group, and Smith Systems are business that are affecting by those influences. TypesRead MoreHow Charitable Organizations May Not Participate Or Intervene1678 Words   |  7 Pagesthrough legislation enacted between 1894 and 1969. Over that period of time, Congress established the basic principles and requirements of tax exemption, activities of tax-exempt organizations that were taxable, and defined and regulated public foundations. Early legislation was enacted between 1894 and 1936; tax-exempt regulations during this time developed around three principles: â€Å"First, organizations that operated for charitable purposes were granted exemption from the Federal income tax. SecondRead MoreTaking a Look at Uzbekistan1349 Words   |  5 Pageswinters. (One World Org.) Around 29.4 Million people live in Uzbekistan. (The Heritage Foundation) The capital city is Tashkent, that has a population around 2.5 Million (One World Org.) As stated above, the country has been slowly moving away from the Soviet Union communist style since gaining independence in 1991. President Islam Karimov has been in control of the country since the late 1980’s. (The Heritage Foundation) It has been estimated that over 60% of the population live in densely populatedRead MoreGreystone Bakery Eth316 Essay1178 Words   |  5 Pagesemploys convicted felons and homeless people. The company places the profits into a nonprofit foundation that benefits the entire community (CBS News, 2009). Film Summary The film is about Greyston Bakery in Yonkers, New York, which hires otherwise undesirable employees. The bakery operates a nonprofit foundation that returns the profits to the community in various forms (Greyston Bakery, 2012). The foundation supports daycare, computer classes, a clinic, and many other projects. The biggest itemRead MoreDoing Business In China Case Study945 Words   |  4 Pagestheir antitrust violations it does not seem that they are looking to re-enter the market anytime soon. Doing Business in China The number one understanding that any new business must understand when they are attempting to enter the Chinese markets is the cultural norms. These norms promote a manner of running a business that do not fit with the written laws that each and every business must follow. The current movement of the Chinese government is to promote their domestic businesses that areRead MoreEssay about Legal and Ethical Considerations of Marketing1697 Words   |  7 Pagesmarketing issues are not precisely addressed by existing laws and regulations. The four key elements to a better business ethics foundation are Ethics programs and a solid ethics foundation. The first is a strong code of ethics, like the Sarbanes-Oxley Act of 2002 that made it important for businesses to have an ethic code, in writing about what one ought to do, and what to strive for. The second key element is ethics training with in the business. This is where the ethics code is integrated intoRead MoreA Report On The Boot Foundation Essay1366 Words   |  6 PagesIntroduction: The Boot Foundation This business proposal aims at starting a new business, the Boot Foundation, as a solution to children poverty in New Zealand. The Boot Foundation sales all types of footwear, both men’s and women’s, and of multiple purposes. The Boot Foundation targets the premium market – the goal of Boot Foundation is to sell the shoes at a slightly higher cost than the industry average, so that the profit can be used to maintain the operation of the business and, at the same timeRead MoreThe American Concept Of Marriage1140 Words   |  5 PagesThe American concept of marriage foundation has been a foundation for human civilization for centuries. Likewise, forty-one American states revere matrimony laws of Moses between man and woman. However, the concept of marriage for Americans is under review by the United States Supreme Court. Citizens interested in changing the Law of Moses will present their purpose and reason challenging the Federal Defense of Marriage Act. Historical marriage values are questionable to some individuals in AmericanRead MoreEthics, Intellectual Property, And Piracy1379 Words   |  6 PagesPersonal and business ethics in an ever-expanding technological world are challenged in many different ways. Multiple communication methods and the availability of the Internet have made a large world much smaller in the context of information sharing, so the importance of understanding and utilizing measures to protect intellectual property and copyrights is vital to business success, ethical understanding and acceptance. In the following, I will specifically discuss the concepts of copyright, intellectualRead MoreMana 43221160 Words   |  5 PagesOrientation. - Brief introduction to Foundation ® Business Simulation- Discuss Team Formation - Briefly discuss Power Point Presentation and Annual Report requirement | - In Class | 8/28 (Tues) | - Lecture: Strategic Management â€Å"Creating Competitive Advantages† - DVD: Specialized Bicycle | - Chapter 1- Read Chapter 13 | 8/30(Thur) | - Lecture: â€Å"Analyzing the External Environment of the Firm†- Distribute Foundation ® Business Simulation ‘Team Member’ Guides- Foundation registration discussion. | - Chapter

Wednesday, May 6, 2020

Photosynthesis and respiration rules outline Free Essays

Each small group has to designate a leader. Each small group has to choose 1 topic project and develop a † poem † , which is the lyrics, and a song. The song must be presented as a video song. We will write a custom essay sample on Photosynthesis and respiration rules outline or any similar topic only for you Order Now This video song should be educational and teaching, so it is preferable to include singing and lyrics with images or animations explaining and describing each topic project. This video song should last not more than 6 minutes and not less than 3 minutes. Any other characteristic of the video is up to the risk of each small group and the ours. The physical poem and the video song should be hands-in during the week 12-16 of January, in the first 2 days of that week for grading. These grades will be average with other 2 grades (further explained) and count for the sixth partial in individual glasswork (Item 2) and group work (item 3). The course (entire class) has to present 2 works that count as grade. One work is a Prize presentation in which all the 6 topic projects are synthesized as a mental map diagram, without losing the objective of being educational and teaching. The information source is the Duskier Book. This Prize must be hands-in on the first 2 days of the week 12-16 of January for grading. This grade will be average with the poem and video song grades, as mentioned before. The other course work is/are the model (macaque) or mini-models and/or lab experiment or mini-lab experiments that should explain, describe, and illustrate all the 6 topic projects. These model(s) and/or lab experiment(s) must be presented in the first 2 days of the week 12-16 of January for grading. This grade will be average with the poem and video song grades, as mentioned before. GRADING A) There are 4 works (2 small group work and 2 course work) and 4 grades that will be input directly into item 2 (individual glasswork) and item 3 (group work) for the sixth partial (January). The grade is individually computed, even though all works will be done in groups. B) If a small group work is done outstandingly, although the course did not win the first place in the project, I (the Biology teacher) will decide to add the grade of the small group, but individually, to item 5 (summarize), too. C) On the week 12-16 of January, there will be (date and place not yet designated although it will eventually be) he presentation and contest of all five Baccalaureate Biology Projects and the course with highest punctuation will win the project contest. The winner, all the students, will be granted 10 in item 1, item 2, item 4, and item 5, except item 3 (Evaluations) that will be a quiz taken during weeks 5-16 about photosynthesis and respiration. This is the highest motivation a course should be focused on. ADDITIONAL INFORMATION All works should be educational, teaching, and motivational. All students should be involved in any task (one or more than one). If determine that any dent has not done nor participated directly in any task, even if the course win the first place project, I will overrule that decision and all the students of the wining course will be granted just the grade each student got initially (check grading point A). If one course is eliminated, as it is mentioned above, the second course or the next course (in case of more than one elimination) with the highest punctuation will be declared winner of the contest and granted a grade of 10, as it is mentioned in grading point C. The punctuation to declare the winner of the Biology Project Contest will come from the scrutiny of screening questions using indicators (values) to students, teachers, other staff members, authorities, and visitors that will like to fill-in this survey. The Biology teacher and respective students of I Baccalaureate will not be allowed to fill-in this survey. During the presentation and exhibition Of the five Biology projects of Baccalaureate, the designated students of each course should be available and ready to respond to any question regarding to the following subjects and parameters: Language and Literature. Explain and describe briefly the characteristics of the poem: its genre and/or submerge, TTS rhyme, its metric, its rhythm, its figurative language (if possible). Music and Arts. Explain and describe briefly the characteristics of the music and video song: musical genre; social and/or historical context of the song or the genre; tune; harmony; rhythm; lyrics-notes and syllables; timbre; choir and choruses. Computing (InformAttica). Explain and describe briefly the characteristics of Prize presentation: characteristics; functions; advantages and disadvantages. TOOK. Biological processes and chemical pathways are usually very complex. When scientists attempt to explain these complex reactions, they usually reek them down into smaller, intermediate steps. These intermediate steps are then carefully researched and imitated (for example models and experiments). The hope is that eventually an understanding of the complex process is obtained. Is this manner of understanding complex concepts always successful? What are some of the limitations of this approach? TOOK: Are aerobic reactions a better adaptations to most cells and living organism than anaerobic reactions? Challenge this hypothesis using the Hempen’ s Raven Paradox and/or Popper s falsifications. How to cite Photosynthesis and respiration rules outline, Papers