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Copyright infringement case
Learning Copyright Law through Copyright Infringement Cases
Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn?t as easily defined as theft or speeding, there are numerous copyright infringement cases that are changing the way copyright law is viewed in the United States of America. By reviewing a few of these copyright infringement cases, you?ll be able to get a better idea of what is, and is not, acceptable use of copyrighted works.
As a forward, however, you?ll need to know a little bit about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means that the copyright holder hadn?t been asked for permission to use the work, or if they had, that the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, give a sampling of what goes to the Supreme Court in copyright infringement.
Feist Publications v. Rural Telephone Service Co (6th Cir. 1996)
This copyright infringement case was brought upon the Supreme Court in 1996 regarding the copyright of a database. The supreme court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are ?arranged and selected in an original manner.? Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory such as a phone book are not protect-able because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge, and the competing telephone company was allowed to tap into their competitors? database and use that data in their own work without liability.
Princeton University Press v. Michigan Document Services, Inc (6th Cir 1996)
This case has to do with the ?fair use? law, which is defined in the Copyright Act of 1976, 17 U.S.C. § 107. In this case, a photocopying service was sued for copyright infringement for making ?course packs? for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor ? then the course pack was bound together by a professional copy shop.
In the fair use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials, the printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the fair use code and found that it was NOT fair use, and the printing shop had to pay the copyright costs.
As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC §106, or of the author as provided in §106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine.
Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you?ll find many copyright cases in relation to electronic copyrights ? such as those you?d find on a website or PDF file, as well as other digital media such as music and audio files.
It?s probable that you?ve seen copyright cases brought against the common person ? such as a child or family ? for downloading digital music in the form of MP3s. In the current internet age we?re in, it?s not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the internet that we?ll see many more copyright cases.
Web Hosting - Unix vs Windows-Based Hosting, Which Is Better? An operating system functions largely out of sight, or at least is supposed to. It doesn't matter to non-geeks how a file gets stored, or how memory is used, or how simultaneous processes share the limited resources available on a computer. These are among the basic functions of any operating system. Yet, you can find very passionate supporters - who offer very detailed lists of pros and cons - for every operating system. Why? Because, though the low-level functions of an operating system do their work out of sight, there are many other features that rise to visibility. Sometimes, they do so when they're not supposed to. Weighing the pros and cons objectively could consume a book. But to select a web host operating system, a manageable level of considerations apply. They can be weighed even by those who don't know a processor queue from a pool cue. Learning Curves For most web site owners, administering the site/server is just overhead. It's not something they take pleasure in doing and they have plenty of other things to worry about. Many wouldn't know how and have no interest in learning (rightly so, given their priorities). Consequently, ease of administration is paramount for such people. Whether a Unix-based site (usually Linux these days) is easier to administer than Windows depends on your current skill set and the type of tools and level of access the web hosting company provides. But in general Linux is more difficult to install and maintain than Windows and the learning curve is steeper. FTP and Control Panels Often, you don't have to care. For many, the operating system is fairly transparent. FTP file transfers to get a new web page up to a Windows server are very much like they are to a Linux-based site. The user/administrator simply doesn't see what's behind the curtain. Many companies provide other utilities that completely mask any awareness of the operating system underneath. When that's the case, the web site owner has no reason to care, until or unless they need or want to go 'inside the black box'. Performance Performance issues can be relevant in selecting which operating system host type to choose. But for the most part, that aspect is outside the web site owner's control. Overall performance can be good or bad on either system, depending on many factors that the publisher will rarely see. The issue is a wash, as far as tipping the scales is concerned. What is more likely to be seen by a web site owner, at some point in their (and their site's) development is the database product that can be used to store information. Databases Microsoft SQL Server is relatively simple to use, yet extremely powerful and can deliver great performance. But it doesn't run on Linux. At least, not without special software to emulate Windows, which usually kills performance. On the other hand, with a bit of time invested, MySQL isn't significantly more difficult to learn than MS SQL Server and there are many free installations. Cost may well outweigh other considerations for most on this issue. Programming Languages Last, but not least, there are differences in programming languages that can be (or at least typically are) used on Windows vs Unix. If you have programmers who are skilled in Visual Basic, ASP and other Microsoft technologies, then a Windows-based host will be your preferred choice. For Perl and PHP programmers, Linux is the more common platform of choice. No single factor can push you to one versus the other operating system. And, in the long run, it isn't the primary consideration, unless you just enjoy playing with operating systems.
Bring These Important Tips to the Table in a Telecommuting Argument Are you tired of the sound of the alarm clock every morning? Are you equally tired of trying to figure out what to wear every day (ladies) and fighting the rush hour traffic to get to the office in time? How about spending almost your entire paycheck on gas to put in your car to get you to work? There is a way around all of this of course ? telecommuting. When you telecommute to work, you can catch a little bit of extra shut eye and head to work in your pajamas, without even getting in the shower. But aside from the convenience factor, there can be a lot of other good reasons why telecommuting makes sense. If you can put together a convincing enough argument for your employer, you may find yourself going to work in your bedroom slippers before you know it. The first thing you have to keep in mind about your telecommuting argument is that you have to make sure you have plenty of evidence that telecommuting will be beneficial to your employer, not just you. Sure, you would love to be able to see the kids off to school in the morning and take your coffee break in front of your favorite soap operas, but your boss doesn?t care about all of that. Though you don?t have to hide the fact that telecommuting will obviously have its privileges for you from your boss, remember to include plenty of ammunition for benefits to the company as well. What can you bring to the table in terms of telecommuting advantages for your boss? Point your boss to a growing amount of research on the internet that shows that big companies have seen big increases in productivity when they started letting people telecommute and work from the comfort of their homes. Everyone knows that a rested and stress free employee is a productive one, and offices can be filled with more distractions than your home (gossiping employees, phones always ringing). Some companies have seen increases in productivity of over 50%, something that is sure to get your boss?s attention. You can also point out to your boss that absenteeism takes a nosedive when people telecommute. No need to take a fake sick day to get out of going to office when you work from home, and even when people are under the weather, when the office is in the next room, they still tend to get a few things done on a day that would have been a total write off otherwise. Another selling point for your boss may be that everyone else is already doing it. More than half of the companies in the US have employees that telecommute, with great results. Your boss won?t want to let the company fall behind ? and your boss will know that offering what other companies have is important for employee retention. Make sure your boss knows that what you are asking for is not out of the ordinary in any way. Beyond the selling points for your boss, you can be specific about a few benefits to you. Bosses know that gas is major issue for employees ? telecommuting is a way they can let you cut back on that big expense, without feeling under pressure to respond with wage hikes. If you have customers that live near your house, let your boss know it will be easier to meet them face-to-face if you work from home. Last but not least, let your boss know that you believe you can deliver more to the company from the comfort of your home - more work for the same pay is always music to an employer?s ears.
Better Employees Avoid these Top Five Office Blunders Being a good employee can go a long way when it comes to the workplace and job advancement. When you are working in an office there are certain unspoken rules that you will want to follow. One of the biggest mistakes that one can make when they are working in an office is having romantic relationships with co-workers or their boss. This completely colors the work situation and can cause major problems in the workplace. Although office romances are common, they typically bring about some friction between the couple or the couple and others. The remedy for office romance issues is that usually one or both members of the romance leave the job. Being dishonest is an office blunder that can land you in the unemployment office. Stealing from your job, lying about reports being done and trying to cause conflict by lying to one co-worker about another are all very silly mistakes that employees make. It is not acceptable to borrow money from the float, even if you are intending to pay it back. Pretending like you have completed your work when it is only half done is not wise. Gossiping and stirring up rumors is also not a good idea. All of these things can make you the bosses? number one most wanted to fire employee. Not following the dress code is another easy to remedy problem that many employees make. The reason why this is such a big deal is because it says that you do not care about your position enough to wear the right clothing. It also can land your boss in hot water if the director or head supervisor comes into the department. Not only will you be reprimanded for not having on proper uniform, your boss will be singled out for not making you comply with uniform standards. The too can make you very unpopular with the boss. Saying incredibly inappropriate things is also a blunder that can easily be avoided. Jokes and comments about the way that people look in their clothing can border on the line of harassment. In fact, just about anything can be proven to be harassment by a good lawyer. That is why it is best to keep jokes and opinions about others to you and you only. You could lose your job and find yourself in a lawsuit otherwise. The number one blunder than employees make on the job is having a bad attitude. People that are very negative bring down a crowd, not just themselves. That means that when the time comes to make cuts, the bad attitude person is the likely candidate. Removing a negative person from the workplace can bring up the morale of everyone else. Even very effective employees with bad attitude are often terminated simply because they bring down the mood and productivity of others. Be thankful that you have a job and keep a positive frame of mind. If you are not happy with your job, search for another one. In addition to these five blunders that better employees avoid, there are a few obvious ones. Being tardy is perhaps one of the most prevalent and easy to prevent blunders employees make. Being tardy on a regular basis is not acceptable. There is no reason to continuously be tardy for work. If you are getting stuck in traffic, leave earlier or take a different route. Being a good employee can take you a long way at work and in your personal life. It feels good to know that you are an effective person be it at work or elsewhere. Be kind to co-workers and go through your days with a positive mindset. With these tools in place you will be able to avoid blunders more effectively.