My Old Blog
Thursday, August 27, 2009
Is Greed Good
If I could create a “wack-me” doll in any persons image it would have to be a police officer. I am not a big fan of the police. I do understand that they are suppose to “serve and protect,” but a lot of the time they are engaged in discriminatory and illegal activities. My doll would not be based on one particular officer, but just a random cop that I could beat up when I feel upset.
Wednesday, August 26, 2009
Supreme Court Ruling-Part 1/Facts of the case
"BMI has been at the forefront of licensing music for digital transmission, and this ruling today will strengthen the environment for legitimate businesses.
On June 27, the US Supreme Court handed down its decision in a precedent setting case concerning peer to peer file sharing. The Court overturned the ruling of the Ninth Circuit Court of Appeals, and held in favor of the plaintiffs in the case of MGM, et al. v. Grokster, Ltd. The Court ruled that services whose clear intent is to foster infringement are liable for the illegal behavior of third parties using their software.
The primary issue was whether Grokster intentionally induced infringement. The unanimous decision (9-0) of the Court was that distributors of peer-to-peer file sharing software may be liable for inducing copyright infringement even if the software is capable of substantial non-infringing uses, which was the test set forth in the Sony Betamax case. The Court stated that .one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties. After explaining that the defendants Grokster and StreamCast Networks, Inc. distribute free software products that allow computer users to share electronic files through peer-to peer networks, the court stated that MGM brought suit, alleging that the defendants should be held responsible for the copyright infringement of their users, because they knowingly enabled the users to infringe.
Grokster and StreamCast conceded the infringement in most downloads, and there was considerable evidence that they advised recipients to download copyrighted works and encouraged infringement. Nevertheless, the District Court held that the distribution of the software didnt give rise to any liability because the use of the software did not provide the defendants with actual knowledge of specific acts of infringement. The Court of Appeals came to the same conclusion, saying that a defendant would be liable as a contributory infringer when it had knowledge of direct infringement and materially contributed to the infringement. Furthermore, they were not liable under the theory of vicarious liability either, because the defendants did not monitor or control the use of the software, had no agreed-upon right or current ability to supervise its use, and had no independent duty to police infringement.
The Court explained that there was clearly a tension between supporting creative pursuits through copyright protection, and promoting innovation. But the court recognized that the argument for imposing indirect liability in this case is, however, a powerful one, given the number of infringing downloads that occur every day using StreamCasts and Groksters software. When a widely shared service or product is used to commit infringement, it may be impossible to enforce rights in the protected work effectively against all direct infringers, the only practical alternative being to go against the distributor of the copying device for secondary liability on a theory of contributory or vicarious infringement.
http://www.bmi.com/news/entry/234484
Week 7 EOC
Week 4 EOC
What my classmates think of the legal system
What do my classmates think of the legal system? When trying to find the answer to this question I found that the opinion varied from person to person. Each student’s background and upbringing forms and determines what he or she thinks about the legal system. In one example Crystal B. wrote, “The legal system sets up laws and if you break them you suffer the consequences. I feel that it offers a balance in the society. It has its fingers in everything that we do. I see it as a collar on a dog’s neck. The collar is used as a training tool that is used to keep the dog in line. You get a new dog and at first, he does not quite understand the rules of your house so naturally he just runs around doing whatever he wants until you establish what he can do and where he can go. He does not take you seriously until you get that collar out and once you do, the dog understands that you mean business.” I disagreed with her opinion. I believe she has not had the same experiences with the legal system that I have had. In another example Zenobia S. wrote “I think the legal system is unjust we live in a world where money rules everything even our judicial system. Such as here in America where we are celebrity obsessed. We let people like Paris Hilton drive drunken numerous times and the longest she gets in jail is a month. If that was any other person without money they would be looking at six months and no license.” I agreed with her statements one hundred percent. She sounds like someone who understands the legal system we live in. Lastly, I read another example from Andrew V. who said, “To me, the legal system is a wonderful way to determine the line between right and wrong. It also allows for repeat offenders to be removed from harming a society and or coning a society but at the same time though I find it to be a double standard kind of representation.” I agreed with this blog as well. I think he also has an understanding of our legal system, and I believe most of the students here at the AiLV do also.
Thursday, August 20, 2009
Week 6 EOC
Product Name: AAH702’s Headphones
Company Name: AAP (All Around Products)
Slogan: “ Keep Doin What You Doin”
EOC: keep doing what you doing
Our company AAP, (All Around Products), just came with a new innovative product called the AAH702’s. They’re new top of the line headphone that everyone can use and love. You love music? You love internet? You love TV well now you can get a product that can give you all that and more! The AAH702s are new noise canceling head phones that give the top of the line sound quality. Which is great for the music you love best. But not only that, but these head phones have its own mini screen that slides out and you can watch TV and you can get on the internet. Why use an I-pod to download your music when you can do it right off of your head phones. These headphones are very convenient especially for the people who love always listening to their head phones.
The AAP Company came up with the idea of all around head phones