In the case of Jimmy and his aunt, the two major legal concerns are the identification and definition of what constitutes intellectual property, and what qualifies as a breach of promise in this particular instance. “Contracts are agreements that the law will enforce. Contracts are individual, or private, rights and duties created by oral or written agreement and consent of the parties” (Judicial Education Center, Contract law, 2016). Obviously this applies to what Jimmy is claiming in the breach of contract lawsuit against his aunt. In the case being discussed, it is necessary to understand that a contract is a legally enforceable agreement between two parties. In such an agreement, each party makes a promise to perform a certain duty (or duties) or pay a certain amount relegated as damages occurring from the breach of contract. “If one party fails to act as promised, and the other party has fulfilled their own duties under the contract, the other party is entitled to legal relief. A breach of contract is a failure to fulfill the duties under the contract terms” (Clarke, n.d.). In this situation, the aunt is being accused of breaching the agreement between herself and Jimmy, and according to his allegations, he is entitled to restitution. It is also important to realize (in the case of Jimmy and his aunt) that a great deal of the legal actions being undertaken are based on characteristics of intellectual properties. In legal terms, the term “intellectual properties”
Australian laws relating to personal property securities (“PPS”) have been messy for years, based on often incomplete state records which have never been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century.
In the text “Sustaining our commonwealth of Nature and Knowledge” by Herman Daly, he clarifies the fact that goods are classified by the access of law to the goods, which it is classified as excludable and non-excludable, and by the physically use of the owner of the good, rival and non-rival. Every market good, an automobile, is rival and excludable and every public good, for example, the sun, is non-rival and non-excludable. But the problematic comes when the good is non-rival and excludable, an example he gives us is knowledge because it is usually patented and made by intellectual property. Also, the problematic comes when the good is rival and non-excludable because the management of these goods, such as fish, brings the tragedy of open-source
MGM also warned of allowing “a copyright owner [to] si[t] still . . . waiting to see what the outcome of an alleged infringer’s investment will be.” Indeed here, Petrella admitted to waiting to file her lawsuit in light of Raging Bull’s questionable profitability. But Justice Ginsburg responded that under §507(b), in practice, “there is nothing untoward” about allowing copyright owners to assess the
INTELLECTUAL PROPERTY- It is kind of like a patent. The ownership of an idea by the person who came up with that idea is called intellectual property.
I saw a tall man in a long overcoat, with his collar turned up to his ears. He rushed directly to me. I assumed it was Jimmy Wells, since he knew my name. We both started talking about the old restaurant, which was torn down. Then, we both started to talk about the twenty years that had passed. Then I realized it was not Jimmy Wells. It was a soldier who brought me a piece of paper from Jimmy. I sure was scared to unfold the piece of paper. And as soon as I unfolded the paper and read it, I was under arrest for being wanted in Chicago. The End my fellow
This case involves the possible infringement of intellectual property rights. In order to fully analyze the case, it is important to conduct an in-depth analysis of the Australian Intellectual
From “reading” the Jim Brady story, we learned how to analyze, use documents to find out the real story about Jim Brady, and how stories are told differently as generations pass. We learned more about the story as the semester was getting closer to ending. Like how we usually think of history as a collective of facts and not something to analyze and think about. Throughout the rest of the year, we have looked through documents to support our arguments. We all definitely learned how to analyze well and to be cautious of information given to us.
In Voeller’s essay, he formed the hero Eddy’s as someone with “civilized humanity” in contrast to cannibal Keseberg. Eddy represents the kind, civilized and humanitarian quality got from the human society. In the essay, Voeller remarked that “Eddy’s benevolence and compassion most immediately recall the eighteenth-century man of feeling, a staple of European and US middle-class society, and the mater-nalized, nurturing figure of nineteenth-century sentimental/domestic culture” (Voeller 208). Similarly, Beebe introduced sumptuary law and stress the significance of intellectual property. He wrote that, “all must agree that intellectual property law should be used to its fullest extent to suppress these practices” (873). The connection lies in that both anti-cannibalism and intellectual protection are moral and civilized which are not easily doubted in modern
“The first lesson is that you can’t lose a war if you have command of the air and you can’t win a war if you haven’t.”Jimmy Doolittle said this before the famous Doolittle Raid in WWll. Jimmy Doolittle had an interesting life.
After spending hours, days, months, even years on a piece of art one thing artist wish to secure is their claim on the piece. If you pour you're heart and soul into your art and then someone comes and takes it for their own personal gain without giving you recognition it can feel as if your world is crumbling. This issue saw the formation of laws that protected the creators right to their ideas. However these laws although protecting the ownership of ones own invention can at the same time hinder an others. As Thomas Edison had formed a monopoly of his technologies through "trusts". Many film makers felt stifled by the monopoly, not everyone could afford to buy a licence. Although Edison had his right to the technologies acknowledged he was
Mercilessly, Tom destroys what is left of of his and Rachel’s marriage, and driving Rachel deeper and deeper into her depression by having an affair. He thought it was justified, but his reasonings were flimsy at best, he completely blamed Rachel. But, these claims of her psychotic behaviour, deteriorating appearance and emotional lash outs are simply not true, he lied and manipulated her until she believed it. Unsurprisingly, Tom’s second affair with Megan is equally as unjustified, his excuses don’t apply to Anna, his current wife, and their child. Obviously, I highly disagree with Tom’s “justified affair” garbage, even if he did have somewhat justifiable reason I would still think it wrong. There is no justifiable reason to betray the
Tyrese opened the door and walked to Uncle Otis. Tyrese asked, "Uncle Otis will you take us to get a movie?" "Sure, he said!" Now we were walking out the house to get in Uncle Otis's rental car. Daylin said, shotgun! So now me, Aaron, and Tyrese had to sit in the back. On our way to get the movie, Slippery by Migos came on the radio. We were all dancing and popping and lockin. Then, a few minutes later we were at our destination and Uncle Otis stopped the car. Daylin went in and got the movies. He came back to the car with Baby Boss and All Eyes On Me. "Uncle Otis will you take us to Wal-mart to get some snacks," asked Tyrese. "Really Tyrese, he said in an annoyed voice. We went and got some sour worms, Takis, Hot Cheetos, and a colossal
The Carter Family is at a point of dysfunction in their life as they transition to a new stage in the family life cycle. As they are transitioning into the next stage, they have been met with disorganization that is disrupting the family’s ability to function properly causing great amounts of stress on each family member. If they are unable to re-organize they will be unable to move into the next stage of life without more serious problems arising.
Alexander G Bell was an amazingly talented person. He was an inventor and the most famous of his inventions was the telephone. It also made his family and his descendants extremely rich. Yet, because of a lack of action he almost lost it all. He was involved in so many things that he didn’t make time to submit his patent application for his telephone. Finally his frustrated father-in-law who had financed much of his research became so impatient that he filed the patent on his son-in-law’s behalf on
The topic I chose for our assigned is ‘property rights’. The property rights we will review are the intellectual property, industrial property, copyrights and property rights are human rights. This is of great interest to me with anything to do with property rights as they are, “arguably property rights are the foundations of all human rights.” (Wilson, T. 2015). There are so many laws that govern protecting the inventor, from the timeframe, to who has ownership of those rights. We are finding as our world becomes smaller, “protecting property is an important part of promoting the global trade. Property is classified as both physical and intellectual.” (Satterlee 2014). This also includes the copyrights, which are a form of intellectual