Thursday, December 16, 2010

Week 11 Final Evaluation: Forced Choice

1. Chambers, Everett Warren
2.Cordova, Jake Charles
3. Lopez, Osvaldo
4.Casey, Daniella Erin
5. Schmidt, Chase M
6.Lucero, Chelsea Elizabeth
7. Smith, Cary Keola
8. Hardy, Tyrone
9. Lee, Sean Anthony
10. Spencer, Randi J
11.Terheide, Melinda M
12.Uy, Maria Feinila D
13. Valencia, Eduardo
14. Howard, Brett Carroll
15.Orton, David Wayne
16. Bowman, Robert B
17. Hearty, Raymond
18. Hernandez, Edwin Jess
19. Angel, Renferd
20. Hasson, Keith
21. Hayford, Kristin
22.Silvera, Richard Michael,, Jr
23.Beymer, Eric D
24.Ferreira, Charles Edward

Wednesday, December 15, 2010

Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.

"Computer Associates Int'l v. Altai: The Altai case itself dealt with whether a computer program interface was entitled to copyright protection. After court applied the filtration process to the interface in question, nothing was left to protect: thus, copyright protection was denied." ...pp226 Nolo

I agree with this ruling that everything can't be protected under copyright law such as ideas, elements by efficiency, external specifications, and material taken from the public domain

"Feist Publications Inc. V. Rural Telephone Service Co.: Feist argued that it wasn't fair to allow a competitor to capitalize on the labor and expense that had gone into the original directory, the Supreme Court ruled that copyright only protects original expression, not labor and expense." ...pp259 Nolo

I agree but with regret. The court ruled that information contained in phone directory was not copyrightable, and that therefore no infringement existed. the loss of revenue due to the expense of your directory is a hard nail to chew. Information is not copyrightable and it didn't have any or very low originality of creativity expression was involved to be protected by copyright laws. Prior to that ruleing there was the sweat of the brow doctrine that allowed anyone who invested time and energy into their work.

9. How much of audio can be used before it is concerned stolen, for a profit
video and a not for profit video?

Less than 2 seconds of a song can be sued for violation of copyright laws. ...Todd Uglow

10. If I make a video or a song that is a free project with partners and one of
them sells the project can I be compensated?

It depends on the partnership of the project if they had a legal agreement or a contract. A lawsuit can be pursued and can be compensation for your percentage of work on the project. ...Todd Uglow

Rule of law -- a concise summary of the main precedent established. Support with quotes form the book

The summary of the rule of law is that it is precise and to the point. The rule of law is the legal maxim that says that no one is immune to the law. The rule of law respects us and in this class respects us as equals. The rule of law protects us and our property, it gives us freedom to freely do what we desire to accomplish. There is no freedom in anarchy, when you can't leave your home or property because you're afraid of it being stolen is a life of slavery, captivity, imprisonment, and confinement. The rule of law gives us independence, opportunity, freedom without restriction.

"Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state." ...Plato

"Affirmative rights: include the owners right to file a lawsuit, the right to recover damages, and the right to obtain an injunction." ...pp211 Nolo

"Common law copyright laws: The common law of copyrights is a set of legal principles applying to copyrights that U.S. courts developed from court decisions over a period of several hundred years prior to January 1,1978." ... pp223 Nolo

7. Does a web domain have to give up his domain if full the owner gives full
credit to their links?

It is fair use but how much of the article is being used and how much of a trademark is stolen from a domain? Can be sued for copyright violations. ...Todd Uglow

8. Can any image be trademarked or copyrighted if it is posted on the internet?

The copyright law is not about who was the first to posted the trademark but who published it first. ...Todd Uglow

Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

The analysis of the thinking process and logic used by your lawyer I believe was fair. When looking from the lawyers point of view at the law you're looking at societies values and beliefs that is based on our moral and ethical beliefs. They are what our society holds up as moral and ethical. We hold these law as good, Godly, important, and valuable as a means to protecting ourselves and our property.

"False advertising: in cases of accurate but deceptive claims , a court must examine evidence, for example, to determine if a company's test results have been distorted or exaggerated." ...pp422 Nolo

"Narrowing the claim: Narrowing can be done by adding more elements to the claim or by reciting the existing elements more specifically.".... pp90 Nolo

5. How much of a product or a web page must can be different to not be a knock
off?

There is no real limit per say to looking different but a law suit or can be examined be based on the general feel of the website if is similar to the original website. Things are looked at such as trademark violations like a knockoff name, or a stolen photograph, false advertising that make the website look like it's official name brand that it is stolen from. ...Todd Uglow

6. If a employee leaves a company and takes his ideas and costumers with him
can he be sued?

When an employee leaves a company only if he or she has signed an employer's noncompeting agreement they can take their ideas or profession with them. The employee cannot purposefully take the information or contacts of the clients but they can't stop their customers from fallowing them to their new employment. ......Todd Uglow

The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?

I am interested in these question because all of filming I do around this city of Las Vegas. Usually the filming is for short, noncommercial video skits that are used in church. I now understand the usefulness of permission of use and understand why a property would want to protect their trademark and reputation from deceptive, misleading, or just plain false information.

3. Shooting video and film in public for a story such as”Obesity in America,”
what are the legal issues filming obese people?

Shooting in any city, county, or state about any subject whether it is true or not that might infringe on their private lives must be blurred out or only a portion of their parts if permission was not granted. ...Todd Uglow

4. Shooting video and film of a public figure or a known person, what are the
limits for the use?

Public figures are treated different than the average citizen like the "news" they don't need permission first before to run a story as long the story is true. There are limits for the news and other publications that may not be true, deceptive, misleading, a parody, or just plain false. News and other sources of information have been sued before and have lost before. ...Todd Uglow

Legal Authority: How I made contact, found this person and why they are a good choice.

After going through the list of Las Vegas lawyers who were out of town, to busy, taking a massage, won't answer the phone, and trying to leave a email from their website that fails to work. After all the money they earn they can't get their website to work, they must lose a few clients due to their non functioning website. I talked to a few students my problem with this cursed class and project and told me that there is a teacher that is a lawyer but they didn't know what his name was. I asked a few teachers about him but they only knew there is one but they couldn't remember who he was. I went to the offices in the west building and asked about who was this teacher is. They found out for me that his name is Mr. Todd Uglow and he has a class on Tuesday in room 146 so I email him to see if he would meet before his class. Mr. Uglow had returned my email and we met at 5:30pm before his class where he vary congruity answered my questions.

1. Shooting video and film in public, what are some the legal limits?

It depends on the jurisdiction of the city and permission of use of the property. A city, county, and state looks at it a revenue money maker and a way to advertise their state, city, or town. ...Todd Uglow

2. Shooting video and film in public that is also private property, what is
the legal limit that’s associated with that property?
You must get permission from the owner of the property first because it's a protecting their trade mark. Like the logo of the property, the shape and structure of the property that can be identified as being their property. The owner wants to make sure that their image is not put in an unfavorable reputation. ...Todd Uglow

Thursday, December 9, 2010

EOC WEEK: Erin vs Robert Kerns

I know a little about the story of the movie called “Flash of Genius” because I have a coworker that worked with one of the son’s of Robert Kearns when he was at America Airlines. He told me about the stories and the fight for the rights for his invention and compaction for his work. The story of Erin and fight with the power company and a unemployed single mother