Ownership, Originality, Copying and Infringement of Software Copyright Background The WritePass Journal

Ownership, Originality, Copying and Infringement of Software Copyright Background Abstract Ownership, Originality, Copying and Infringement of Software Copyright Background : 143). However, Arnold J stated that because of the uncertainty surrounding software programs a referral to the ECJ was required. On being referred by the High Court, the ECJ held that the copyright available to computer programs under the Software Directive does not protect the functionality of a computer program, its programming language or the format of data files used in it. In January 2013, the High Court applied the ECJs ruling, yet the High Courts decision was upheld by the Court of Appeal in November 2013. In accordance with this it is likely to prove very difficult for FTS to establish a claim in copyright and even if this can be ascertained, they will still have to demonstrate additional copyright requirements, such as ownership. Accordingly, software cases also give rise to ownership issues since there will often be more than one author due to the complexity and size of computer codes generally. Nevertheless, section 9 (1) CDPA makes it clear that the owner of a work is the person that has created it. As this is a computer-generated work, it will thus be the person who arranged for the creation of the work (section 9 (3)) unless he has created the work within the course of employment. If it is found that Bill created the work, FTS will still be the owner as the ownership of copyright remains vested in an employer if the creation was made during the course of employment (section 11 CDPA). Nevertheless, as evidenced in (1) Laurence John Wrenn (2) Integrated Multi-Media Solutions v Ste phen Landamore [2007] EWHC 1833 (Ch) each case will be decided on its own facts. Here, it was held by the court that since there was a written agreement between the parties, an exclusive license could be implied. Regardless of these difficulties, however, software can still be afforded copyright protection and the most common act of infringement that occurs in relation to source or object codes is unauthorised copying. Here, a distinction needs to be made between literal and non-literal copying. Literal copying occurs when an identical copy is made, whereas non-literal copying occurs when the structure, appearance or manner of the code has been copied (Pila, 2010: 229). In the case of literal copying, it will generally be easier to establish a claim of copyright since it will merely have to be shown that a substantial part of the code has been copied, which will be based upon the skill, labour and judgment that has been expended; Cantor Fitzgerald International and Another v Tradition (UK) Limited and Other [2000] RPC 95. In the event that there has been a non-literal copying of the works, it will be a lot more complex to establish. This is because it is often the case that two completely dif ferent programs will produce the same results. Therefore, although it might appear on the face of it that the program has been copied; this may not actually be the case. In Thrustcode Ltd v WW Computing Ltd [1983] FSR 502 it was noted by the Court that; the results produced by operating the program must not be confused with the program in which copyright in claimed. Another consideration FTS will need to think about is if the codes were originally created by a third party. This is because if a third party has been commissioned to create the copyrighted work, ownership of that work will remain vested in the third party unless there has been an express agreement to the contrary (Lyons, 2005: 3). If no such agreement has been made, the court may imply an assignment or licence so that FTS can use the software, although the scope of an assignment or licence will depend entirely upon the facts of the case. In Robin Ray v Classic FM Plc [1998] FSR 622 it was held by the Court that both parties had accepted the law in relation to the implication of terms as to ownership and the licensing of copyright. Arguably, it is evident that whilst FTS may have a claim against Bill for copyright infringement, it will be very difficult to prove because of the complex nature of software copyright. Conclusion Overall, given the long process that is involved with software development, it is likely that FTSs legal advisers will have to overcome a number of obstacles before they can establish a claim in copyright. Consequently, they will first need to establish that they are the author of the products code and that it was an original creation. Once this has been ascertained they will then need to show that their product has actually been infringed by Bill, which may prove extremely difficult given the complexity of software programs. References Campbell, D. and Cotter, S. (1998) Copyright Infringement, Kluwer Law International. Lyons, T. (2005) Warning All Software Users, Electronic Business Law, Volume 7, Issue 9. Morton, T. (2013) Emerging Technologies and Continuity, Tolleys Practical Audit Accounting, Volume 24, Issue 12. Pila, J. (2010) Copyright and Its Categories of Original Works, Oxford Journal of Legal Studies, Volume 30, Issue 2. Reed, C. and Angel, J. (2003) Computer Law, 5th Edition, OUP Oxford. Case Law BezpeÄ nostnà ­ softwarov asociace – Svaz softwarovà © ochrany v Ministerstvo kultury, Case C-393/09, 22 December 2010 Cantor Fitzgerald International and Another v Tradition (UK) Limited and Other [2000] RPC 95 Infopaq International A/S v Danske Dagblades Forening [2009] EUECJ C-5/08 (16 July 2009) (1) Laurence John Wrenn (2) Integrated Multi-Media Solutions v Stephen Landamore [2007] EWHC 1833 (Ch) Navitaire Inc v Easyjet Airline Co Anor [2004] EWHC 1725 (Ch) Robin Ray v Classic FM Plc [1998] FSR 622 SAS Institute v World Programming Ltd [2010] EWHC 1829 (Ch) Thrustcode Ltd v WW Computing Ltd [1983] FSR 502

How important was citizen participation in Soviet decision-making Essay

How important was citizen participation in Soviet decision-making - Essay Example 46). Only in the beginning of 1990s, citizens of the former Soviet Union began to speak about the 74 years of Soviet regime as a "blank space" in the course of national history, a blunder, a roundabout way, as something that virtually better hadn't happened. "Now 1991 is referred to as the "collapse" or "falling-apart" (raspad), a word with almost purely negative connotations, even though people also tell opinion-pollers that they would not want to go back to the old order" (Sherman 1990 p. 15). Besides there is no doubt that knowledge in this area is highly disordered disorientation and blurred as for a very long time nearly until the beginning of "perestroika" the Soviet Union remained a skilfully isolated and closed political system (Segal, Batt, Buzan, Duncan, Goodman, Price, Margot, Williams & Womack 1992). In our work we'll investigate the Soviet era itself with its "backwardness". We will view the question through the prism of the course of comparatively recent history from 1917 to 1991. In short, our incentive is not to prove that twentieth century Russia and the whole USSR was backward but to demonstrate how decisive this backwardness was and even is for Russian and Soviet self-understanding (Fitzpatrick 2000, p. 378). Russia's "backwardness" as compared with the Wes... 104) "Russia as third Rome" were still general and common, but even the supporters of such concepts like Slavophiles often had prejudice and concerning the universal Russian intelligentsia's sense of inferiority about west countries that were considered to be more developed (Motyl 1990, p. 211). Marxist revolutionaries as a group of the radical intelligentsia which appeared in the beginning of the 20th century got the name the Bolsheviks. Socialism implies for them a lot, but what appeared to be the most essential, as became clearly understandable after they gain power in the October Revolution in 1917, was the process of "modernization" or "modification" the whole society. Their fundamental incentive was the surmounting of historic backwardness of the country (Drakulic 1987). The Bolsheviks considered that this so-called economic and cultural backwardness was the result of quantity of the non-Slavic peoples of the North and East and "dark" peasantry. "Since Russia's population in the early twentieth century was 80 per cent peasant, and non-Slavs constituted close to half of the population of the state that in 1923 became the Soviet Union that meant that "backwardness" was the prevailing condition" (Fitzpatrick 2000, p. 378). The Bolsheviks considered themselves a vanguard party. Strictly speaking, this implied that they represented the vanguard of the proletariat; and in broader meaning, it implied a vanguard of education with the main aim to steer the public masses out of backwardness. And after the winning of Revolution they declared their vanguard in the whole world (Sherman 1990 p. 14). These events were profoundly based on their Marxist perception of history, with its ideas and postulates

Should College Athletes Get Paid Term Paper Example | Topics and Well Written Essays - 1000 words

Should College Athletes Get Paid - Term Paper Example Setting aside for the now that college athletes who participate in the more popular sports such as football and basketball earn millions of dollars for their respective college and that non-athletic students gain from these financial benefits as well, athletes, by virtue of their demanding schedule, are deprived of the ability to earn while they learn and because of this reason alone should be compensated somewhat. The amount of a stipend is debatable but a reasonable amount of, for example, $200 per month is hardly exorbitant. This discussion will examine the reasons why college athletes receive pay. Both the universities and the NCAA make millions of dollars each winter from the bowl games following the regular football season, a sum that doesn’t include the share individual conferences enjoy. Now add up concession and ticket proceeds, merchandise sales and money gained from corporate sponsorships that without the existence of sports would not be available to a university ev ery year. Those millions come from one month’s revenue from one sport. The college athletes understand that their efforts produce many millions of dollars for their schools but they are not allowed to make even pocket change while giving their all for their team. Athletes are subjected to the most meager of a life under current NCAA rules. Meanwhile, they observe other students with enough spending money at least for an occasional burger and their coach making a multi-million dollar income but know that it is them who are the ones that making the biggest sacrifice. When a college athlete or their family is experiencing financial difficulties as is the instance in many situations, the pressure to leave school to try a professional career is enormous. What would inspire a student-athlete in this predicament to remain in school if they were presented with a chance to earn what even a minor league salary or a backup role at the top league level may offer? Moreover, college athlet es face the perpetual threat of a career ending injury. This has ended the dreams of many for a professional career but, more tragically, also ends their academic career too. (Chaisson, 2001). There undoubtedly is a disparity between athletes and non-athlete students which is not in favor of the athlete. For example, college students who are engaged in extracurricular pursuits other than athletics, musicians for instance collect scholarships and can perform for their college’s symphony whether they or not they are academically eligible. They are also able to perform and make money in a professional band or orchestra while enrolled at school. By contrast, if athletes did this, they would lose their scholarship, be kicked out of school and most likely end any chance of playing professional sports. Furthermore, a music student is able to earn a music degree and even for a specific instrument. â€Å"A football or basketball major is unheard of, much less a major in playing quart erback or strong forward. Athletes are scrutinized for getting any type of job while on scholarship for their school. Getting paid to play or work in football would be sacrilege† (Chaisson, 2001). Student athletes represent of a unique sector of the school’s population. Much more is required of them. Athletes spend much more time and effort than general population students and are relentlessly challenged with balancing academics, athletics and social

Use Of Torture As A Counter Terrorism Tool Criminology Essay

Use Of Torture As A Counter Terrorism Tool Criminology Essay Torture refers to subjecting intense pain and suffering to a person leading to mental and physical pain so as to obtain certain information that the person is concealing. Therefore, Levinson (p.32) concurs with most scholars that torture is the intentional infliction of pain and suffering to persons usually for a certain purpose. Torture is mainly used as a tool by the United States and other countries to cause a breakdown in the personality of suspects so that they are subdued to give certain information. The most common methods employed during torture include, severe beating, sexual assault, suffocation and electric shock among other methods. Krauthammer in his article states that it was the Bush administration that led to the birth of torture in the United States landscape. According to Krauthammer, no one, not even the executive s allowed to use torture as a tool to obtain information. He further insinuates that the information is nor normally worth the torture. Security agencies should go back to the drawing board and adapt to forensic science techniques. There is need for the police and other security agencies to be empowered through training them on how to obtain information. The UN Convention and Article 3 of the Geneva Conventions prohibit torture (Kinsley, p.1). There have been questions as to whether torture should be banned as a means of compelling persons to give certain information. Torture has had severe consequences that are far reaching from the pain that the victims feel. While we accept that terrorism is a major headache worldwide, it is imperative to consider that nobody is guilty until proven innocent. Moreover, the Human Rights law is strongly against torture as a tool used to coerce suspects to volunteer certain information. Human Rights watchdogs are always against any pain and suffering inflicted intentionally. The United States has always found itself on the receiving end with such draconian laws that have put its image on the spot light. Many people who hear about the torture stories of the survivors or victims often hold a grudge against the government. This is due to the intentional pain and suffering that the suspect is made to undergo. There is an assumption that torture save millions of lives. The major question that makes torture to be at stake is the 50-50 chance. Normally, those who torture suspects assume that they have vital information. What if they do not? The suspects would have already suffered innocently. Krauthammer has put forth certain rules that need to be followed by the United States government. Proponents of torture fear that if the United State government follows these rules to the letter, then it might find itself not torturing anybody at all. We should acknowledge the fact that we are already living with the terrorism problem and are doing nothing on a personal level to reduce terrorism. Do we need the tool of torture to reduce terrorism? The answer here is a loud, NO. Indeed, we do not need any form of torture to reduce terrorism. We can be community police who will be watching our environment on a daily basis to avert terrorism. However, torture should be used as a counter-terrorism tool whenever there is inside information leaked from terror cells regarding an impending terror attack. In this case, torture would enable the suspects who have been nabbed to volunteer certain vital information that may save more lives. In this case, torture is positive as it leads to saving more lives. Therefore, in this case, torture is warranted as a tool to ensure that information is given out by the suspects. Such classified information is usually timely to enable the security agencies to act fast towards averting potential terrorist attacks. The problem comes in when the person being tortured is an innocent person. Most of the times the security forces that inflict torture usually have a fifty-fifty chance that the person being tortured is the actual suspect. In my opinion, torture should not be used as a counter-terrorism tool since it does not acts for the best interest of the general public that live under the constant mercy of terrorists. However, I strongly suggest that the use of torture should be regulated by the international laws. The regulation of torture is key towards ensuring that as much as it is used as a tool, it remains under control so that the suspects are not killed as a result of the infliction of pain and intense suffering. It should be further noted that during the torture process, vital information is normally obtained that is core to fighting terrorism, though with a 50-50 chance of obtaining such information (Kinsley, p.33). Therefore, torture aids in obtaining such information. Critics insinuate that torture has been successfully used as a counter-terrorism tool since it has enabled the police and security agencies to make the suspects to give very important information. As such, torture is worth the task of obtaining such vital information. In addition, the United Nations Convention against Torture prohibits the use of torture as a tool in the fight against terrorism. Torture has been condemned in many states due to the adverse effects that it usually has on its victims. The United States does not support torture at least in theory. There have been various reports and even documentary pointing to the Guantanamo bay prison where it is alleged that prisoners are tortured and even killed. The latest reports indicate that terrorism suspects are usually kept in this prison facility where they are tortured to the end. Research indicates that the information obtained during the process of torture is normally worth the entire process. Most of this information is used by the law enforcement agencies as well as security agencies to form solid evidence and develop on a case. It may also be useful in averting further deaths and property damage in case of a planned or botched terrorism attack. Andrew Sullivan is a strong advocate against torture and describes torture as the exact opposite of freedom. He further states that it is the denial of freedom from humanity and the taking away of selfhood. Andrew Sullivan is therefore against the use of torture as a counter-terrorism tool. Torture has indeed been the tool that most of the security investigation teams use on victims despite the negative image that the punishment comes with. Torture creates a negative picture or image of the police and investigating teams. Hence, this raises the question as to whether the information is worth obtaining in the manner that it is obtained via the use of torture. At times, torture is subjected to the wrong victims or suspects. It is for this reason that I advocate for the government to regulate the use of torture. In my ardent opinion, torture should only be used after investigations are complete and that they point towards a particular person. Otherwise, it would be unfair to subject an innocent person to torture when in fact they know nothing about terrorism. Investigating teams have to be succinct in their work to avoid the occurrence of this kind of errors; otherwise, it would amount to massive infringement of human rights. On the other hand, Krauthammer supports torture as a tool that assists the investigating teams to obtain useful information that indeed help them to unravel certain cases of terrorism. It is obvious that terrorism is not morally right. However, where saving many lives is concerned, torture would indeed be the ultimate solution. Terrorism has been a global problem and continues to be a problem in the wake of several terrorist cells. Recommendations The government should consider using other forms of punishments or methods that would coerce suspects to give certain useful information. However, this again poses a problem as to whether the terrorist suspects will volunteer information. Most of the terrorists usually take an oath that can only be broken through the use of torture. Personality breakdown has been proven to work just right for them. According to Krauthammer (p.2), the United Nations Convention should consider monitoring the submission and administration of torture as a tool that is effective for obtaining information from terrorist suspects. This should be carried out according to the laid out plans. Conclusion The pain and suffering caused by torture are often extreme and traumatizing. In fact, there is possibility that the suspect being tortured does not have the vital information required to fight terrorism and save millions of lives. Torture obviously goes against human rights and infringes on individual rights. It has often been suggested that the torture victims usually have rights just like the other people. Human Rights Watch has been stern in discouraging this form of punishment. I therefore do not support torture.

Used Cooking Oil as Candle

Used Cooking Oil as an Additive Component of Candle Abstract The study aims to produce a low-priced, high-quality candle by using used cooking oil as a major component. The following candle compositions were used: 100 percent paraffin wax; 90 percent paraffin and 10 percent oil; 80 percent paraffin and 20 percent oil; 70 percent paraffin and 30 percent oil; 60 percent paraffin and 40 percent oil; 50 percent paraffin and 50 percent oil. The firmness, texture, and light intensity of the candles were tested and compared. Results of the tests showed that the candle made from 100 percent paraffin wax had the lowest melting rate, lowest amount of melted candle, and a light intensity of 100 candelas (cd). The 90:10 preparation had the next lowest melting rate and amount of melted candle. The other preparations ranked according to the proportion of used cooking oil in the candle, with the 50:50 preparation performing least comparably with the 100 percent paraffin wax candle. Introduction Today, candles are made not only for lighting purposes but for many other uses such as home decor, novelty collections, as fixtures for big occasions (weddings, baptismals, etc. ), and as scented varieties for aromatherapy. Candles are made from different types of waxes and oils. Cooking oil is a major kitchen item in Filipino households. It is also used substantially in fast-food outlets, where it is used in different stages of food preparations. Ordinarily, used cooking oil is discarded. This waste oil pollutes and clogs canals and sewerage systems

Autobiographical Writing

Buzz. That's the alarm. I guess it must be 7.30 I reached from my warm quilt to activate the snooze button to grab an extra six minutes kip. Just turning over and getting comfy. Buzz. There it goes again. At this point I've also got my mom shouting up the stairs â€Å"Ian you're going to be late for school if you miss the bus I'm not taking you† I kicked off the covers and dragged myself onto my feet. Half an hour later I was out the door jogging for the bus as it came up the hill. â€Å"Ian put your shoes on before you come to class, Ian take your coat off and sit down, make it look like your staying.† What a way to start the day nag nag nag. First lesson maths, â€Å"Ian take your coat off and sit down, Ian stop talking and pay attention.† The usual crowd in math's just telling my mate about the weekend then all I hear â€Å"Ian get out.† So its 9.40 and here I am outside the door I Know more about this corridor than the cleaners. Oh no here comes the teacher think of a good excuse â€Å"Miss I was asking him the answer to a question.† Ring. Thank God for that. Its break time. Grabbed a can of coke from the machine and straight down the football pitch for a quick fifteen minute kick around before I was back in French and being nagged. Well least I thought I would be back in French in fifteen minutes. The game was in full swing we were playing the year 11. We were all over them I went in for a sly tackle and before you knew it I went down hit the floor, heard a snap, and I was nursing a funny shaped arm that looked like the u-bend of a sink. â€Å"Ian are you alright?† all the lads were shouting to me as I walked up the hill to Mr. Roycroft â€Å"Ian follow me mate I will take you to the office, that looks nasty I think you'll have to go to the hospital.† Before you know it I was in the office with a crowd of spectators outside the door. If I had charged I would of made a fortune! In comes my sister â€Å"Oh my God. Oh my God, Ian are you alright? Does mom know yet?† Lying on the hospital bed with my shoes off everything started to sink in. Now the shock had passed the pain started to kick in I wasn't even aloud pain killers until my parents arrived WHERE ARE THEY! First on the scene dad calm as ever â€Å"Oh dear you've made a mess of that haven't you son what's happening has anyone seen you yet.† So here I am lying in agony in a bed that more than a thousand people have been in with a dad as calm as ever and no doctors coming to sort me out although my arm is hanging off, I am obviously not very important. At least I didn't have to go back to French and it looks like there wont be any school for a while I wonder if they'll miss me? Eventually the doctors arrive like a pack of wolves gathering round me humming and arring talking about me like I was invisible. Ten minutes later they decide I needed to go to theatre to be put back to normal. They gave me some pain killers of some sort, which did the trick because the rest was a blur. â€Å"Ian it's all over now you might feel some discomfort but the worst is over.† â€Å"Ian are you alright do you want me to prop up your pillows.† So in 24 hours I have got my arm in plaster to the shoulder I am lying in the same place as before, and I am in more pain now than when I did it. Next day nothing has changed not been out of bed and now I know these four walls just as well as the corridor outside the math's room. â€Å"Ian I have some good news for you its time to go home and you will have to have six weeks off school.† That was the best news I had heard all year six weeks off school. Well I have had a really good rest without anybody nagging at me how long will that last I wonder? â€Å"Ian your teas ready. Are you listening to me? I hope you have been doing some of your school work. Ian answer me! Didn't last very long I think I am going to change my name to Paul! Autobiographical Writing I still remember my visit to Oostende, a small town in Belgium, with school staff and students in Year 8. We went there to play in a football tournament against teams from all over Europe. To me, this trip is unforgettable because I had such a great time and I felt free from the troubles of school and life in general. Oostende was a pleasant town on the coast of Belgium. Unfortunately, the sea was deemed hazardous so we weren't allowed on the sandy beach. But that didn't seem to affect the holiday. The nightlife was fantastic. The staff that came with us were Mr Fletcher, Mr Fuller and Mr Curry and they let us stay out until midnight. I think they let us stay out late so that they could get drunk! Every night after dinner I would go out and buy chips and coke. I hated the food in the hotel, infact I hated the entire hotel. When I told this to Mr Curry he said, ‘what do you expect for two hundred pounds'? We often went to the arcades and played games. Once we went to play pool in a club and I proved too good for my friends. In the end we got chucked out of the club for being too noisy. The teachers often fined us. We got fined for things like swearing or forgetting something. Thankfully I didn't get fined too much but my friend Andrew got fined the most because he kept on farting! The football tournament was held in a leisure centre and it was held over three days. There were nineteen teams in the tournament and we were drawn in Group A with the stronger teams. We played well and after intense competition, ended the group in third place. This was a remarkable achievement for us as we were expecting to lose hopelessly to every team. I think we did this well because the holiday also allowed the team to bond with each other and great team spirit was created. By finishing in third, we had given ourselves an outside chance of making it to the final. The next day was the playoffs. We had to win four matches to make it into the final. We won the first three matches 3-0, with me getting a hat trick in the second match, and managed to scrape through to the final with a narrow victory over Chiswick United in the final game. We were ecstatic and jubilant about making it to the final but out coaches told us not to get arrogant and boastful. The final kicked off at three o'clock and proved to be a close encounter. The match was like a chess match; every move or pass had to be precise- there was no room for mistakes. Our star striker, Sanjay, had given us the lead thanks to an exquisite volley but a blunder by Sid, our keeper, meant we went to half time with the scores level. The scores stayed the same until the ninetieth minute. I collected a pass from Sanjay and he made a run towards the goal. I played a through ball into his path. The defenders didn't move, as they were appealing for offside but the decision wasn't given. He was onside. My heart was in my mouth. He was on his own with only the goalkeeper to beat. He deceived the keeper by pretending to shoot. All he had to do was to go around him. He did but just as he was about to shoot the keeper brought him down. The referee blew his whistle. He had given us a penalty in the final minute. Sanjay was our regular penalty taker but he got injured when the keeper brought him down. The team gathered near the penalty spot to discuss who should take it. The team was panicking and, as captain, I decided that I was the only person suitable to take the penalty. I was quietly confident of scoring because I enjoyed being in pressure situations. I placed the ball on the spot and stepped backwards measuring my run up. I looked up at the keeper and he snarled at me. He said a few words to put me off. It worked. Suddenly I wasn't so confident anymore. My heart was beating like a drum and my legs felt like jelly. The goal was shrinking every time I looked at it. I tried to pull myself together. I picked a part of the goal to aim for and said a prayer. After putting my head down I started my run up and kicked the ball with the toe of my lucky Nike boots. The ball spent an eternity in the air. ‘Yeesssss' the crowd shouted. The ball went in. The keeper dived the wrong way. I had won the tournament for the team. In a moment of sheer jubilation, I took off my shirt and ran around the pitch. As I reel back the memories in my head I still remember how I felt that Sunday afternoon. It was one of my proudest ever moments but there was an another moment that I was equally as proud of. On the final night of the holiday, the teachers called us to the hotel for a meeting. They told us they had really enjoyed this holiday and were really impressed by the way we had played. Furthermore they said that they used the money they collected for fines to buy trophies for us. There were four trophies to acquire, and I won the player's player award. This was an immense honour for me as I was voted for by my fellow counterparts. I had a really valuable experience on this trip. I got to know people that I didn't really know well and became more responsible for myself. I became more independent and gained maturity as the holiday went on.

Mary Mcleod Bethune Educator and Civil Rights Leader