Author: Ownership

Cyber Law – Many of the Newest Cyber Laws Are to Protect Businesses

Two decades ago there wasn’t really any type of cyber law. Today, we can’t pick up a newspaper, without reading something about legal issues that involve the Internet, or the companies that do business there. The record and movie industry has been distraught over piracy, copyright infringement, and stolen intellectual property. And they have every right to be, but they aren’t taking it lying down.

In fact, we now see that many of the cyber laws on the books are there because the movie and record industry has sent their lobbyists to Washington DC to get laws passed to prevent this theft. Has it worked? Yes and no, the piracy still exists, and it is doubtful if it can all be stopped. The European Union has just come out with a new law to protect companies from individuals downloading without paying for movies, and songs.

Software companies are also being ripped off, and it’s not just in places like China where you might expect, a lot of stuff happens in the United States, and the Internet is worldwide, as we cross the digital divide. Sometimes people can’t afford songs or movies so they download from a website which has pirated the songs and movies, and then there are the people who build websites who distribute this material who find ways to get a hold of it, usually you legally themselves.

Recently there was a very interesting article on cyber law and one of the big problems in the Wall Street Journal. The article was titled “Warner Bros. Probes Online Leak of Potter” by Loren A.E. Schuker published on November 24, 2010.

It turns out that Warner Bros had their latest Harry Potter film stolen a full four days of head of its debut according to the article. Although the full movie was not available, the first 36 min. were, and the folks that love to play around with file-sharing were able to get it for free. Now then, I’d like to express my opinion on this topic – and then ask some questions, philosophically of course.

If the movie companies can’t get a return on their investment because their films and movies are stolen and given away for free, then they are less likely to spend big budgets on big movies in the future, because they will not be able to make a profit. Indeed, this creates a huge risk in the marketplace, and the reward is not there, if the work will only be stolen.

This is a detriment to not only the United States but also countries like Brazil and India who are also now making movies, along with China. How they protect their movie industries, as they will have the same problems as we do here. How much is at stake – hundreds of billions of dollars per year. That is well over the gross domestic product of at least 300 of the world’s nations – stolen in cyberspace.

Even though we have laws in the United States, the EU, and other countries it is doubtful that cyber law alone can stop this problem. It appears that cyber law is only keeping the honest people honest, and the criminals are moving around too fast to stop, even with the recent domain name repossessions by authorities. Please consider all this.

A Good License Agreement for Your Music

Many amateur composers fall victim to a badly drafted licensing agreement that totally stomps on their right over their royalties and possible million dollar career. This scenario does not only affect songwriters but also musical composers for movies and televisions. They write songs and produce music. The record company or the movie and television company just buys the composer’s rights over the song or the music and have the latter sign a waiver of their copyright.

Young struggling music artists, for example, are often forced to sign record contracts that are not favorable to their future career. It is understandable that they feel compelled to sign such contracts. Their careers at that early stage is in their infancy. The problem only arises if and when they meet with some success. Such early stage contracts often lay claim to future, post success and celebrity, records. Musicians often either don’t understand or merely gloss over these provisions. The consequence, however, can result is millions in lost revenues to the artists years after these contracts are signed.

Thus, it is important for amateur songwriters and composers to draft a licensing agreement to protect their future million dollar career. In order to make the agreement valid and good, the following stipulations must be inserted:

1. There must be a copyright protection over derivative works.

Some music, film and television companies give royalties to the owner of the music but limited only to the particular projects. Such as, if it is a music album, the composer will only receive his royalty depending on the sale of the music album. However, the music, film and television companies holds the right to sell the music for other derivative works, e.g., using the song as a musical score.

If the composer will have no right over the derivative use of his creation, the music or film company can make millions even when the sales of the music album have already declined. Take for example the song, “Feels like home” or “Somewhere over the rainbow”, it has been used in countless movies and soap operas all over the world. Every time these songs are used, the production company pays the record label royalties. Thus, if the composer will have a right over the derivative use of his creation, he will have additional potential earnings. Also, the composer or the songwriter will be protected from abusive record companies.

2. There must be a protection from unauthorized use.

Many composers lose a lot of potential income due to music piracy and unauthorized music downloading internet sites because most of the royalties are based on the sales of the album. Thus, for composers, they should include in their agreement stipulations that protect them from the unauthorized use of their music. The stipulation should require the licensee, or the record company to compensate him an additional amount for their failure to protect his creation from unauthorized use.

A Property Owner’s Responsibility and Liability of Their Premises

Premise Liability law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people who are on the premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Property premise is defined as inside and outside the property, including sidewalks and access property.

Such cases of property liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more. More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, un-leveled sidewalks, restaurant food poisoning, and bonfire accidents.

Premise Liability Organizations

Important organizations related to property liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals. The American Tort Reform Association was created in 1986. The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away. Depending on the circumstance of your case, you may have a valid legal claim for compensation. You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more.

Free Initial Consultations

For more detailed information on property liability law, ask a professional personal injury attorney for free. Many law offices offer free initial consultations to discuss your accident and claim before moving forward with any legal contracts or fees. Be sure to choose a trusted personal injury law firm with extensive trial and litigation experience.

Why You Should Consider Divorce Mediation As an Alternative

It’s never an enviable position to be in when you’re facing the prospects of separation and divorce. For many couples this of course also means child custody and child support, along with division of property, alimony, and all the other logistic and legal steps along the way. However, every case does not need to be a dug in, drawn out, ugly courtroom battle.

In fact, many couples are able to find out of courtroom solutions that offer what is ultimately an easier and simpler process, with less emotional strain and financial burden. This is where divorce mediation comes into play. Learn more about why this is a viable alternative and to see whether or not it may be the right way for you to go.

During divorce mediation, an experienced mediator serves as a third party between the couples. This entails negotiating and compromising on some of the important points and issues in play. While one on one, these would never be amicably or easily solved, with the insight of a calm, experienced outside party, solutions often develop without excessive stress or hassle.

Both sides are given equal time and weight, and it’s amazing to see the power that a neutral 3rd party can have towards producing a settlement. When both sides are heard and respected, results can be achieved.

The mediation process puts the couple in the position of power in terms of compromising for what they each feel they want or deserve, as opposed to leaving that in the hands of a judge alone.

Every case is different, and in some matters, there’s not going to be an easy out of courtroom settlement. Other individuals may simply not want to go in that direction due to what’s at stake, or how they feel about the other party. That’s why there’s never a right or a wrong, or one single approach to any case or circumstance.

However, what many individuals are finding is that divorce mediation offers the path of least resistance. That means you can move on with your life in less time, while going through a process which is easier on you emotionally and mentally, and saves you time, effort and money as opposed to lengthy, intensive courtroom fights.

Be sure to speak with an experienced divorce mediation attorney in your local area who can help guide you through the process, and determine whether or not that’s the right course of action for you.

Why You Need a Real Estate Lawyer More Than You Think

There are times when a real estate lawyer is extremely helpful in managing your property ownership. Although many realty transactions are handled through listing agents, there are occasions when these representatives’ knowledge base just is not adequate. Realtors typically attend training for less than a year, while attorneys are required to attend law school for four years post-college. The extensive training of an attorney gives them the ability to advise clients on an array of subjects.

Contracts are complicated documents, to say the least. The language in a realty contract must be gone over with a fine-tooth comb. Even if an individual carefully reads every word, some of the language can be quite confusing. For one thing, these documents are written in legal-speak, which is not something the average citizen has experience with. Furthermore, property sales are not only complex financial maneuvers, but also often involve emotional upheaval. When people buy or sell their homes, it can tug at their heartstrings. It is easy to miss something in a heavy legal document when you are purchasing your dream house or selling a beloved home. A real estate lawyer is a level head who can help clients navigate the bumpy waters of acquiring or releasing a “home sweet home.”

Property boundary disputes are another area where having a seasoned real estate lawyer on your team is a major plus. Imagine you buy a cabin in the woods. With no fences or close neighbors, you may be under the impression that you are king or queen of the forest, that is, until a neighbor shows up claiming he has inherited the piece of land right behind your house. When conflicting claims arise regarding boundary lines, it is necessary to have a land survey performed, records checked, and a knowledgeable attorney on speed-dial.

Tenants and landlords also need guidance in the vast sea of property negotiations. Both the landlord and tenant have certain rights, and these rights vary from state to state. For example, in some states, a landlord must give 48 hours notice before entering the property, or a 5-day notice if eviction seems imminent because of unpaid rent. A renter has the right to privacy in his or her rental space, provided certain stipulations are met. Sometimes misunderstandings occur and it takes a trained legal mind to effectively sort everything out. When a person’s home is involved, whether the residence is owned, leased, or rented, contractual language must be followed to the letter of the law.

When a real estate lawyer goes to school, he or she learns about leases, purchases, and sales of property. Lessons also are taught on zoning, tenancy agreements, eminent domain, and mortgages. In addition to classroom academics, attorneys gain valuable experience by clerking in law offices and spending time in courtrooms. When push comes to shove in the world of property, wouldn’t you rather seek guidance from a professional who has trained for years rather than none?

Current State of Copyright Awareness in Education

Many scholars believe that the rate of frequent copyright infringements among students and other users of copyright materials in academic environment is an indication that the awareness of copyright is still extremely low, especially, today that technology has made it easier to photocopy, plagiarize and pirate other peoples materials. This shows that there is little respect for creativity, so copyright protection is considered unnecessary. The high price of foreign and quality books is another major factor. As they are luxury goods, people still like pirated books.

It is however worrying to note once again that the issue of copyright has now become a global concern and infringement of copyright law has also received prominence, especially in the academic environment where a larger group of copyrighted material users are found. for instance, in an educational institution where lecturers rely on copyrighted materials to teach their students as the students also often consult copyrighted materials to meet their educational requirements, in such an environment, it is admitted that lack of copyright awareness may result in uncontrollable copyright infringement activities.

The fact that what pertains in other foreign universities seems to be absent in most Ghanaian universities on copyright awareness is a great worrying to the copyright industry.

One may even wonder what happens at a university where there is no copyright and access policies in this era where copyright infringement has become more evident with the emergence of advanced technology, as it is now possible to copy and use literary works that are likely to be protected by copyright. The situation at most Ghanaian schools reveal that many students, who cannot afford the prices of materials and textbooks, now make photocopies of essential texts and materials for their education at a low cost in the detriment of the copyright holders.

However it can only be concluded that the detriments caused by copyright infringement do not only affect authors but also publishers and other stakeholders in the publishing industry as a whole.

Considering that schools forms part of the major users of copyright-protected materials in Ghana, it is right to conclude that based upon the role of copyright in our knowledge-based economy, it is important that any serious enquiry into the subject of intellectual property (IP) has to consider this crucially important role of copyright in the production and dissemination of knowledge and knowledge-based products.

This is because most Ghanaian schools have library blocks resourced with various copyright-protected materials which are made available to both students and lecturers for the production of term papers, essays, report, thesis or dissertation, articles, journals and other scholarly publications by the students and lecturers. This suggests that the schools must therefore be positioned to effectively advocate their academic and institutional values and defend its teaching, research and service mission through effective copyright awareness.

Online Detective Services: Private Investigator Vs Net Detective

Is there such a think as an online private detective? A Dick Tracy of sorts for the Internet world? Can’t you just see the smoke filled, dark investigation room with laptops scattered about.

If you Google search for things like Internet detective, or cyber investigator, or online detective, you will find tons of information about performing private investigations for yourself but very little about live, private investigators willing to track down online perpetrators. In reality, this is a brand new industry that is starting to form.

If you are simply trying to find someone, let’s say an old friend from high school, then there is a ton of online services to help you accomplish that task. As an example, NetDetective (of which I have no affiliation), is probably one of the more popular sites. According to their website, NetDetective “allows you to uncover information you want to know about your doctor, boss, friends, neighbors, lover and even yourself.”

While this kind of service is extremely helpful for the right applications, it does not offer solutions to the second type: I need to find, stop, or prove that someone is doing something bad online to me, my company, or my loved ones. Now this is a horse of an entirely different color.

Let me give you an example. Recently, we were contacted by a high profile person that was being attacked by former partners and friends. The attacks were relentless including social media(facebook), anonymous blog and blog comments, emails, etc. To the point that person was also concerned about physical safety even though that was not being openly threatened.

Unfortunately, people being attacked in the Internet world are typically not going to be helped by traditional lawyers and law enforcement. Lawyers are very good at litigating and taking every legal action once they can prove that somebody is attacking their client. But how will they do that when the online attacker is hidden by layers of security and masked IP addresses. Most law firms do not have the resources for such investigations.

Unless the threat is serious enough, then conventional law enforcement will likely be unable to help since this really does not fall within their charter.

What should the client do? For people that work in this little specialty, they have had a number of calls from both companies and individuals that are at their wits end because of their online reputation being attacked. They literally do not know where to turn.

What the individual really needs is an Internet investigator, or an online detective that will help them gather needed information and can then point them to appropriate legal or law enforcement resources.

So, as you can see, there is a very large difference between and online investigator vs a service like NetDetective. Each have their own specialty and application.

Arbitration Vs Mediation: Pros and Cons

What’s the difference between Arbitration and Mediation? There’s often confusion about which one of these two legal methods works best for divorce. Here’s some information to help you make the best decision for your divorce.

In both arbitration and mediation, a neutral third party is used with the goal to negotiate a settlement without a lengthy court proceeding. Simply put, in arbitration the arbitrator (or arbitrators) hears your evidence and makes a decision for you. In mediation, the parties in the divorce first meet together informally with a mediator to share their reasons for divorce. The mediator does not make a decision for you, but helps to facilitate a peaceful and fair discussion to lead to a resolution acceptable to both parties.

Three Top Reasons to Choose Mediation Over Arbitration

1. Save Money and Time – Though arbitration can save time because it helps to avoid the wait for a trial date, it can take much longer than mediation because it is much like a mini-trial. Both parties still have to convince the arbitrator, or sometimes arbitrators, to rule in their favor. Consideration of evidence and legal arguments often takes place with attorneys and adds even more time. Mediation takes much less time because the focus is on resolving the conflict peacefully to result in a win-win for both parties. Meetings with a mediator are scheduled at convenient times for everyone with little to no wait time. Resolution progresses at a quick pace because everyone has the same goal, a fair decision and a good outcome for everyone.

Arbitration saves money because there is no going to court, but it requires hiring attorneys who bill by the hour in addition to arbitrators who are also paid. This can greatly increase the cost. Mediation saves money because it involves only the mediator and the couple, proceeds much faster, and the mediator’s fee is a fraction of the cost of an arbitration proceeding.

2. Focus on the Future – In mediation the focus is on the future. Both parties are encouraged to get beyond their differences and settle their divorce peacefully and quickly. There is no right or wrong side and the divorcees have more control over their future. Arbitration is left up to a third party to make the decision. Rights and obligations are determined by existing law which the arbitrator is forced to follow. The outcome may not be what both parties expect and it can be a contentious and lengthy procedure.

3. Ease of Decision – Mediation avoids lengthy court battles and focuses on a positive outcome with agreement by both parties. The goal is a positive post-divorce decision that benefits the whole family and leaves an intact relationship. Though arbitration may cut court time, it is still a proceeding much like a trial. It can result in attacks upon one another to just to prove a side. Results may cause lasting animosity between the couple.

Mediation – the Popular Choice

Currently, mediation is more often the choice for divorce litigation and other lawsuits because of its high success rate. Like yourself, most people want to avoid a costly court trial and to keep a positive relationship with their ex. Mediation offers a safe, confidential environment with a caring mediator to lead the way to a positive end. The state of Florida has gone so far as to require all lawsuits to be mediated before going to court. The state has determined that mediation saves time and effort, reduces court dockets and trials, and is much more cost-effect than litigation.

How You Can Beat a Speeding Ticket

We just don’t seem to have enough time on our hands these days, which leads us to speeding around in the car and then, of course we end up getting a speeding ticket. It can happen to be very irritating and it couldn’t have happened at a worst moment. Imagine this, you are already late for work and have been warned before about coming to work late, you are hurrying to work or the stores and then, you get a traffic ticket.

So, is their anyway to beat a ticket without just paying it? You will be glad to know that there are some proven methods through which you can fight ticket. Did you know that these speeding tickets are wrong? In the sense, you can say that there are like a scam. The thing is many motorists don’t want to risk defending their speeding ticket.

The result of that is they have to pay all the fines. They feel that they cannot win in court. How wrong they were? Are you aware of the fact that you can save more than $1200 per ticket when you know how to fight a ticket? The moment you are caught with a speeding ticket, don’t admit your mistake.

That is correct, many people just admit to making the mistake. Do not do that. When the officer comes to your window to ask for your license and registration, the next question will be, do you know that you are speeding? It is always better to keep your mouth shut and act relaxed.

If you are a female, you need to shed a few tears. That is what female drivers have done and would you believe it, have escaped. But, when it comes to males, it doesn’t work that way. Males will have to use the right technique.

So, the first thing to do when you are booked for a speeding ticket is to accept it with a smile and drive away. When you are present in court, you need to dress up appropriately. You appear professional when you wear a suit and behave like a grown up man. Try to be polite and respectful to everyone.

You don’t want to act too smart as it is not going to help your case. It is best to remain confident at all times which can help you win the case. The officer will have to prove you guilty. You will want to check the words that are printed on the speeding ticket. When the officer is not able to prove you guilty, you would be dismissed.

You see, officers in the end are human beings and won’t be able to recollect everything that took place that day. Your last resort would be to stall the court proceeding so that the officer can forget everything that happened. The officer might not even show up, which will let you win.

US Public at Stake With the Spreading of Contagious Disease by the Illegal Immigrants

Any alien entering the US needs to undergo a stringent Immigration Medical Exam. The medical screening is conducted by the Public Health Services. This is not something new in the US, but has been in force for a long time. The immigration medical exam is required for adjustment of status and for nonimmigrant status. A Civil Surgeon designated by USCIS conducts the Green card medical exam.

Purpose behind green card medical exam for the Immigrants

The purpose of the immigration medical exam is to verify whether the applicant has any inadmissible health condition. Those are, communicable diseases like active tuberculosis, malaria, etc. Venereal disease like active syphilis, gonorrhea, cholera, plague and the trachoma, an infection that affects the eyes. They also check the physical and mental disorders that are associated with harmful behavior, and the drug abuse or addiction. Based on the reports of the Civil Surgeon, the USCIS makes the admissibility of an immigrant in the US in a legal doorway.

The Role of CDC in Immigration Medical Exam

The USCIS under the guidance of CDC, conducts Immigration Medical Exam. CDC is one of the major operating components of the Department of Health and Human Services that are recognized as the nation’s premiere health promotion, prevention, and prepares agencies. CDC works with the states and other associates, by providing a systematic health inspection to monitor and prevent disease outbreaks, strategies for preventing diseases, and maintain national health statistics. CDC also safeguards against International disease transmission. The CDC’s focus being improvisation on global health, implement measures to decrease leading causes of death and reforming health policies.

Illegal immigrants carrying contagious disease while crossing the US borders

The entries of the illegal immigrants, crossing the US borders in large numbers, are carrying with them highly contagious diseases, and having not pre-screened for medical tests and for vaccinations, they are posing medical threats to the public of the US. Diseases, like intense itchy rashes, caused by insect mites, Dengue fever, a viral illness spread by mosquitoes are detected and medical treatment have put in place. Measles and chicken pox are also emerging among the unvaccinated immigrants.

Nearly 150,000 illegal immigrants are detained by the Border Patrol and the Department of Health and Human Services. The holding centers and camps in the southern Texas and Arizona are cramped; it has turned out to be unhygienic with poor sanitation. If this continues, mosquitoes will breed resulting in deadly disease, as Dengue will turn out to be a public health disaster.

Doctors are treating hundreds of detainees for abdominal pain, skin abrasions and dehydration, they are helping as much as possible with over-the-counter medicine, but the disease continues to spread in other states, as some immigrants awaiting their court dates get on buses and go as far as New York, Ohio or Florida.

The ball is in the hands of Politicians to look into the immigration issue

America having stamped out the spread of deadly diseases decades ago, having yet another blow due to open border diseases, will not be a healthy option for America. It is indeed a high time to look into the immigration reform on both the sides of the aisle; both the house of politics should do everything they can to work together to bring this growing public health crisis under control.

1 … 7 8 9