Tuesday, September 22, 2009

Dissent

All judges favor Greenberg.

Your own argument

I feel that the first decision that the court had made was not justified. There was an agreement between the Society of National Geographic and Mr. Greenberg. The agreement was honored and the society had returned all images and copyright back to the author. Later on the Society had again used the images that had belonged to Greenberg on a product that was being published for an anniversary of national Geographic that celebrated the 108 years of establishment. They felt that they had all rights of the images that were being used. They felt this way, due to thinking that they were merely using the images as a revision of a prior collective work. The 11th circuit court found all reason to the Society of National Geographic.
Greenberg had applied for an appeal. They felt that the National Geographic had no rights to use those images without asking.

The copyright infringement law states that: “Contribution to collective works. Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revisions of that collective work, and any later collective work in the same series.”

http://www.internetlibrary.com/cases/lib_case504.cfm

With this said. I feel that the 11th circuit courts had decided unfairly. The big item to all the decision is that the society and Greenberg had decided on a contract to finalize all rights of his images after 60 days of publication. I feel that this contract that the Society and Greenberg was ignored to all limits. I also feel that the courts favored to the society due to the lack of rules to technology.
I felt that this case was at every right to be taken to the Supreme Court. There was another case that was similar to Greenberg. New York Times Co. v. Tasini. They ruled favored to Tasini.

“Respondent freelance authors (Authors) wrote articles (Articles) for newspapers and a magazine published by petitioners New York Times Company (Times), Newsday, Inc. (Newsday), and Time, Inc. (Time). The Times, Newsday, and Time (Print Publishers) engaged the Authors as independent contractors under contracts that in no instance secured an Author's consent to placement of an Article in an electronic database.”

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-201
This case was similar to Greenberg, the Supreme Court used the ruling from the Tasini case to over rule the courts decision to the Jerry Greenberg v. National Geographic Society.

Rule of Law

201 (c) Contributions to Collective Works.— Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.
issue

http://www.law.cornell.edu/uscode/17/usc_sec_17_00000201----000-.htm
The Society of National Geographic had made a contract with Greenberg. The contract consisted that the Society of National Geographic would return all images 60 days after the images were published.

In 1996, the society, began in a development of a product called, “The complete national geographic”, this was 30 cd-roms that would hold front covers of all the National Geographic that were published from the first published. Mr. Greenberg’s images were viewed for 30 sec. This had broke there contract and also established infringements on copyrights.

Wednesday, September 16, 2009

How do I feel about the Supreme Court

I feel that the Supreme Court still has its flaws just like everything else in the United States. There are a lot of old traditions that need to be broken. Over the years the Supreme Court has made some improvements. Weather to elect a woman or to elect a none white member. Little by little the Supreme Court will adjust to everyday thinking of the United States.

The thought of how the Supreme Court will be when is time for my daughter to be able to vote only excites me. I feel that thru the generations there will be different think towards how to set out laws. At the moment the Supreme Court has been adjusted to how the thinking of today is and if any individual that thinks that the Supreme Court is not right or not at their standards then maybe that individual is not doing his or her job as far as electing. Each citizen is responsible on who is being voted to the court system. They may not have any votes to who goes in to the Supreme Court but they are voting judges in there district courts and that is where it all starts.

The Supreme Court has become powerful than when it was before. They had decided to elect a president when it came down to having a problem in our voting count. Truthfully I feel that the vote was decided by politics and it was wrong, to me it only felt that politics had a big role to that decision and not the people. That is one of many flaws that I feel that need to adjusted. I feel that the citizens could have waited a little more or revote for a president that was going to make decisions for us for another presidential term.

Over all I feel that the Supreme Court is doing a good job.

Decisions of the court

We conclude that the unauthorized use of the Greenberg photographs in the CNG compiled and authored by the Society constitutes copyright infringement that is not excused by the privilege afforded the Society

We also find that the unauthorized use of Greenberg's diver photograph in the derivative and collective work, the Sequence, compiled by the Society, constitutes copyright infringement, and that the proffered de minimis use defense is without merit.

http://www.internetlibrary.com/cases/lib_case504.cfm

The district court agreed with National Geographic, and dismissed plaintiff’s suit. In its initial decision in this case, the 11th Circuit disagreed, holding that this work constituted a new product “in a new medium, for a new market that far transcends any privilege of revision or other mere reproduction envisioned in section 201(c).” In its initial decision, the 11th Circuit accordingly rejected defendants’ defense that its conducted was protected by 201(c).

Subsequent to this decision, the Supreme Court decided New York Times Co. v. Tasini, in which the Court held that under Section 201(c) the Times could not republish articles that had appeared in its newspapers in an electronic database which permitted them to be separated from the context – the newspaper – in which they originally appeared without the permission of their authors. The Court held that including these articles in such electronic databases was not a permitted revision of the collective work in which they originally appeared, and was thus not protected by the New York Times’ copyright therein.

Following Tasini, the Second Circuit, in Faulkner, decided that the National Geographic’s republication of its magazines in the Complete National Geographic cd-rom set was indeed a revision protected by 201(c), and dismissed a copyright infringement suit brought, like the case at bar, by the holder of a copyright of photos contained in those magazines.

In light of these decisions, the 11th Circuit reversed it prior decision, and held that the Complete National Geographic was indeed a permitted revision of the original magazines protected by application of Section 201(c). As explained by the 11th Circuit, the central question was “whether the original context of the collective work has been preserved in the revision.” Because such was the case here, as the cd-roms contained 1200 National Geographic magazines exactly as they had originally been published, this was a revision protected by 201(c). This was true notwithstanding the fact that the cd-roms also included a new 25 second video montage of the covers of 10 of the magazines contained in the cd-rom set. Said the Court:

http://www.internetlibrary.com/cases/lib_case504.cfm

These are the decisions of the courts. I find that the courts decisions are appropriate. There is many corporations, that take advantage of free-lance artist. This is one war that artist weather photographer or painter or even a chef, need to be able to protect their work.

Wednesday, September 9, 2009

illicit

The black market has been going on for hundreds of years. The question that all authorities are asking themselves is how to stop the underworld of second hand products.

I feel that there will never be an answer to that question. Hundreds and thousands of individuals will take advantage of the black market. It is the only way for a person to be able to live there life in glamour without paying the exaggerating price of a fountain pen or a glamorous hand bag. These are not only the products that are being distributed in the black market; we have from tooth paste to pharmaceutical items. The disadvantage of all this, that when a person that is buying a black market item leaves them to contributing to organize crime that is behind to all this.

A person my not think about it when they are purchasing an item may be the reason why terrorism is still active to this day. They also may not be aware that they are contributing to violence that may be going on in a small village in South America.

The black market may be helping the economy by employing thousands in jobs, but in some places that may not be the case. There is a lot of countries that are still practicing slavery. Thos also leads to transporting people from nation to nation. This type of practice will only lead to death for the individual that is being transported.

This, to me, may be the only reason how black market is affecting my life. Would I like terrorism be financially income to buy their weapons? Would I like individuals from another country take the risk to go to another country just to be able to work and have the outcome to death? No, but would I stop myself from walking in the alleys of Los Angeles in the fashion district and be able to buy that fashion design hand bag for my wife. These are the things that organize crime has gone to depth to make money for their organization. These are some of the things that I feel that governments from all over the world are not taking full force to be able to sustain.

Wednesday, September 2, 2009

Facts of the case.

The facts are that there was an agreement and in this agreement it was explicitly provided that all rights that the Society acquired in the photographs from the job would be returned to Greenberg 60 days after the pictures were published in the Magazine.

After years had passed the society of National Geographic had a ceremony and produced an animated clip with previous issues, These images, through the use of computer animation, overlappingly fades ("morphs") into the image of another cover, pauses on that cover for approximately one second, and then morphs into another cover image, and so on, until 10 different covers have been displayed. One of the cover images used in the moving covers sequence is a picture of a diver that was taken by Greenberg in 1961. The entire sequence lasts for 25 seconds, and is accompanied by music and sound effects.

After eleven years of court, in its final form, granted The National Geographic Society -- and by extension, other publishers -- the right to reproduce its magazine archive in digital format without paying additional royalties to freelance contributors.

What's the problem with Spam

The problem with Spam is the same problem like junk mail. What I mean about junk mail is the physical paper mail you get from the postal service. The difference from the internet mail and traditional mail is that other individuals are taking advantage of it and are entering to your personal information just so they can take out information to get into your finance.

There is many ways to block spam but in these days there are many ways to still be able to get into your computer. They have certified emails that are hidden and made to look legit, to come and find out that they are nothing but, “Spam”.

In a legal perspective of Spam is that it breaks many laws. It takes away the right to privacy, and it is also leads to theft. There is also other type of spam mail that infects your computer with viruses. That takes away a big chunk of your life. In today’s world, now that a computer is the blood source of your everyday life, can affect you if your computer gets infected with a virus.

I believe that the punishment towards individuals that are responsible with all this,” Spam” deserve the punishment. I feel that they should be trailed in federal courts. This matter needs to be controlled with tight laws towards emails.

Wednesday, August 26, 2009

Pacific Heights

I have always felt that being a landlord would always be a difficult task to take. There are too many laws that will work against you. In the contrary there are also a lot of laws that will work with you.

As I was watching the movie I felt that the male landlord was over reacting, in a sense that he was making things worse then it was. I understand that there are laws that will protect the tenant but there are a lot of flaws in those laws. What I didn’t understand was if the tenant did not pay for the first and last month and did not sign any type of contract and was not given the apartment key then why he even had any right to even be in the apartment. If I was the landlord, I would have called the police and made some charges against the so called tenant.

The reaction to the landlord was to extreme. He had no respect to his wife and to himself. I feel that he could have approached it differently. He should have just gone thru the procedure that he was making all the applicants make. I feel that his greed had got to him. I feel that by seeing the all the money discriminated all other applicants. These are some of the minor reasons of why I would not want to be a landlord.

3's about me

Three Names I have been called: The three names that I have been called is, Gus, Tavo, and Tavito.

Three Jobs I have had in my life (include unpaid if you have to): The three jobs I had in my life is working at a warehouse for Big 5, I have worked at Burger king at a T.A Travel Centers, and I work at Bulk Transportation as a mechanic.

Three Places I Have Lived: I have lived in Los Angeles, San Diego and Fontana.

Three TV Shows that I watch: I watch “The 70’s show, Project runway and Iron Chef America.

Three places I have been: I have been to Tijuana, Mexico., Santa Barbera and San Fransico.

People that e-mail me regularly I have my model Mariana, My wife Cristina, and my friend from New York Lauran

Three of my favorite foods I love Pizza, taco’s de tripas, and Mole de Pollo

Three cars I have driven: I have driven a 2000 v.w. jetta, 01 corvette, 91 v.w gti

Three things I am looking forward to: I am looking forward for my own business, also my married life to become better and my daughter to become successful.

Wednesday, August 19, 2009

What I think about Greed!

I feel that in today’s society you need to be greedy to even try to accomplish to whatever you are accomplishing. Today’s state of mind of an individual is to be greedy. It’s in our everyday life. We hear it in the movies, on our music, and even from our own parents. Today’s practice to accomplish anything is to be greedy. Greed is an act to take away from another to try to have it for our own. Is it a right action to others? No, but how our nation was built, there is no time to be righteous or even have some kind of morality. If we thought that we all need to be kind to each other then we may have never been the leader of this world.

What I thought about in the movie was motivating. I understand that today is all about money and power. Those are two points that Michael Douglas character had. His attention toward a corporation was to try and drain as much money the corporation had and made it as a profit for him. There was power and pride on his work and used the weak to make that situation a little easier then it was. The weak will never accomplish in today’s fast society.

I would like to make a Love smash doll. I feel that love is a excuse to hide away from the troubles of today’s world. There should not be any room for love on our minds and our hearts. The only love that there should be is the love of a parent to a child. From one individual to another, I feel that it is only a joke and a way to control the other in that state of mind. I would not smash my doll with a gold hammer but slice it with the finest diamond. That way Love can recognize the troubles it had made in, not only society’s life but in mine.

Wednesday, August 12, 2009

What my classmates think of the legal system

I think that my classmates have the sane thoughts of our legal System. I have taken time to read three of my classmates’ blogs and to understand what they think of our legal system.

“I also believe that there are too many small offenses that have a tendency to clog our system and waste a lot of time and money” Jonathan Boyer
damnationcreative.blogspot.com


I agree with Jonathan. There are too many legal actions that are taking too much time in the courts. There are too many criminals in the system that is appealing for cases that they are guilty in. I believe in appeals but the abuse that these criminals are introducing in the courts is just ridicules.

“There are many laws and regulations in the legal system in the United States of America.” Richmond Pham
ailvbus111.blogspot.com


Richmond states that there are too many laws, and with all these laws that are being approved not only helps the innocent but is helping the guilty. There are stacks of law books that are being supplied to incarcerated individuals. The years and years that they spend in prison leads them to start reading these books and find out ways to reduce there years in prison.

“The legal Officials need more training on how to carry out the law.” Stacia Woody
enviousdesigns.blogspot.com


The legal officials do need more training in our Legal System. They need to enforce laws that will persecute hardcore offenders than wasting time with small offenses. They also need to make judgment on hardcore offenders as if they are making a contract. There should be some sort of restrictions and avoidance to these criminals. That way they don’t go to the jail library and find some sort of way to reduce their sentence.

These are the opinions of some of my classmates and I agree with them.

Wednesday, August 5, 2009

Used Cars- Crimes and tortes

Gustavo Ibarra, William Cross, Matt Gonzales

Smoking in non-smoking area- torte
False advertising-torte
Battery in bar-crime
Tampering with video- torte
Gambling on football game- crime
Destruction of property- torte
Bribing government official- crime
No seatbelts- torte
Bribing witness- crime
Perjury at the stand- crime
Threatening the defendant- crime
Jaywalking- torte
Sexual harassment- crime
Assaulted driver Ed teacher - torte
Unlicensed driver- torte
Uninsured cars on the road- torte
Riding in the back of trucks- torte
Littering as car parts fell- torte
Dog in the front seat of car- torte
Speeding 77 in a 50- crime
Unsafe lane changing- torte
Hit and run cop car- crime
Betting on toy race cars- crime
Drinking on the job at the car dealership- torte
Speeding through construction zone- crime
Driving off road- torte
Failure to pull over- crime
Assault with deadly weapon (gun) - crime
Running a police roadblock- crime
Car surfing- torte
Dog in public with no leash-torte
Cars crashing in dealership-torte
Running a railroad sign- crime
Punching guy through glass (battery)-crime

Wednesday, July 29, 2009

What I think of the Legal System

My definition of the, legal system is a panel of individuals that are deciding on your punishment to your decision of an act.

I feel that the Legal system is a savior when it is not corrupted or altered. I feel that this is the only rational way to decide on another individual’s wrong doing. The process of it is also correct, even though it does take a long time for the decision to even be made. Of course there are many that think that the legal system is a joke and feels that it needs to be changed. I feel that it is not that the legal system needs to be changed but of practice of lawyers and government officials. I feel that a lot abuse makes the legal system not work correctly.

There should be some type of control of all this abuse. I believe that the abuse has gone as far as to the individual that is practicing it is not taking it seriously and just trying to alter it just to win a case. I feel that money has taken a big role to the lack of pride for the legal system and that is the reason for others to think that the legal system is nothing but a joke to America.
Businesses abuse the legal system to keep monopolizing the economy. They go cut corners just to receive what they think is rightfully theirs. This type of abuse also affects America way of living. If the legal system continues to be abused there would be two things that may happen. One, I feel that there would be ciaos and it would go back to the western law. Second, I feel that the government will find another law just so the lawyers would find a way to go around them.

The number of crimes that involve business continue to grow as changes in business practices and technology offer new opportunities for wrongdoers to benefit from illegal or questionable activities” (Essentials of business law, Anthony L. Liuzzo, pg. 37)

Wednesday, July 22, 2009

Myspace Hoax: Week 2
The situation of the thirteen year old that committed suicide, due to the Myspace hoax is another reason why our nation is coming to the point that we cannot defend ourselves without getting the laws involve. This child had received a message by a fictional profile. Later the profile was sending messages that insulted and humiliated the child. Later the child took it upon herself to end her life.

I don’t understand the generation of today. I feel that today’s generation is very weak. I am thirty years old and during my childhood I was harassed and also was put in situations that ended with violent confrontation. I never had the intentions to end my life. I found ways to try to become tougher and deal with the situation.

I feel that this girl was never exposed to the real world. I feel that the parents neglected to make her understand that in social networks there are a lot of individuals that don’t have any feelings for others. I feel that this child should have never been allowed to even participate in these networks. I only blame the parents for the child to react the way she did.
I am shocked that the parents attempted to even try to put legal action on the individuals that took role of this hoax. I am not surprised that they even try to put criminal actions to the parents of the other individuals.

As I was reading the article, I was surprised that a lawyer commented that the victim’s family had gone wrong about all this. That surprises me because it only tells me that they had some sort of chance to be able to put criminal charges on another when it was the parents fault. I guess in America you are able to find justice, even when it is your fault.

Wednesday, July 15, 2009

The real feelings about Lawyers!

Everybody has an opinion about lawyers. My feelings towards lawyers may not differ from the high rate of opinions that say, “Lawyers are nothing but blood suckers.” Those are just opinions that I have and others in a minority environment has as well.

The real truth about lawyers is they are the reason why we still have a judicial system in this country. Lawyers make the world go round. Love them or hate them. They either make your life a nightmare or they can fulfill all your dreams.
So why is it that a high percent of individuals in today society have a problem with lawyers? Well, like myself, I do not like to have an individual to sneak around my life and gather information to either incriminate me or improve my situation. I am also annoyed of an individual to be able to determine the future of my life. You could say that I have the mentality of a cowboy. If something wrong happens to me, I and I alone would like to take care of the situation my way. Is that the way to handle anything in today’s society?

I also feel that individuals are annoyed with lawyer for the fact that there is a lot of jealousy. Hard working, 9 to 5, blue collar individuals see these lawyers with the fancy cars and large homes and dressed in designer clothing have a little of jealous in them. Blue collar society just wishes that their lives could be as simple as a Lawyer. Lawyer’s life, in my opinion is not as easy as they make it seem. Having to live a life, working twenty four hours a day and not being able to have a second with his or her family is not easy for me. To have to juggle around with a person’s life is not , easy life.