For this final evaluation I have chosen these people in this order for the people I feel that were most successful to least successful with their final projects:
1 Howard, Brett Carroll http://accudraft45.blogspot.com/
2 Angel, Renferd K http://angelaudioproduction.blogspot.com/
3 Valencia, Eduardo http://eduardov425.blogspot.com/
4 Hardy, Tyrone http://cajogi.blogspot.com/
5 Schmidt, Chase M. http://colorblindproduction.blogspot.com/
6 Lucero, Chelsea Elizabeth http://chelzzlucero.blogspot.com/
7 Lee, Sean Anthony http://primarydesign702.blogspot.com/
8 Chambers, Everett Warren http://vegasinteriors.blogspot.com/
9 Bowman, Robert B. http://bowmanlifestudios.blogspot.com/
10 Casey, Daniella Erin http://daniella-casey.blogspot.com/
11 Hearty, Raymond http://raygamepro.blogspot.com/
12 Terheide, Melinda M http://terheidedesigns.blogspot.com/
13 Uy, Maria Feinila D. http://madeirich.blogspot.com/
14 Smith, Cary Keola http://kotcc.blogspot.com/
15 Orton, David Wayne http://vemg.blogspot.com/
16 Cordova, Jake Charles http://jakenstein151.blogspot.com/
17 Hayford, Kristin http://rockabillybabydesigns.blogspot.com/
18 Spencer, Randi J http://boysgrowup.blogspot.com/
19 Silvera, Richard Michael,, Jr http://rmsfilms-richard.blogspot.com/
20 Lopez, Osvaldo http://ozzy702.blogspot.com/
21 Hasson, Keith http://keithhassonailvmma.blogspot.com/
22 Beymer, Eric D. http://ericbeymerphoto.blogspot.com/
23 Hernandez, Edwin Jess http://mogulvision.blogspot.com/
24 Ferreira, Charles Edward http://champf.blogspot.com/
Thursday, December 16, 2010
Thursday, December 9, 2010
Week 10 EOC: Robert Kearns vs Erin Brockovich
So how do you compare these two individuals in some ways they are the same in their pursuit of justice, but in reality they were two totally different individuals. Erin was a woman who started investigating a real estate case that turned into one of the largest court cases this country has ever seen. Robert was an inventor who thru a flash of genius invented the intermittent wiper which is used today in every car made. Robert however was wronged by the ford motor company who stole his invention that opened the flood gates for every other car manufacturer to use his invention. Robert did however triumph in his pursuit of justice, just as Erin did in her case. Erin however was an individual who became a stronger individual who was upbeat and became a leader. Robert went the opposite direction and became an individual consumed by his need to be recognized for his invention. However these two both had the same drive which was for the wrongs to be righted and it wasn’t about the monetary results. They both were presented at the beginning of their pursuit with a small monetary settlement and they both made it clear that they were not interested and wanted only justice to be served. This just goes to show you that it doesn’t matter whether your male or female educated or uneducated, if you find that you or someone you care about are being harmed or mistreated it is within yours or mine abilities to right those wrongs. Another important observation is that when presented with these situations we have to decide how far we are willing to go in our pursuit for justice, can we get justice and not lose our way and everything we hold dear on a personal level like Erin Brockovich did. Or do we let it consume us until we turn around one day and realize we have driven those we love away and lost most of what we hold dear in our pursuit because of our obsession like Robert Kearns did. Which one of the two did it the right way well that is for you to decide, in my opinion they both did it the way they needed to and could do to get what they wanted most. Justice
Lawyer Jokes
How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
______
At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn't it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"
The witness stared out the window, as though he hadn't heard the question.
"Isn't it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated.
The witness still did not respond.
Finally, the judge leaned over and said, "Sir, please answer the question."
"Oh," the startled witness said, "I thought he was talking to you."
__________
A man sat down at a bar, looked into his shirt pocket and ordered a double scotch.
A few minutes later, the man again peeked into his pocket and ordered another double. This routine was followed for some time, until after looking into his pocket, the man told the bartender he’d had enough.
The bartender said, "I’ve got to ask you. What’s with the pocket business?"
"Oh," said the man, "I have my lawyer’s picture in here, and when he starts to look honest, I know I’ve had enough."
_______
Did you hear about the new sushi bar that caters exclusively to lawyers?
It's called, Sosumi.
______
How can you tell when a lawyer is lying?
His lips are moving.
_________
What do you do if you run over a lawyer?
Back over him to make sure. Then, make another notch on the steering wheel.
_______
Why don't lawyers go to the beach?
Cats keep trying to bury them in the sand
__________
You're trapped in a room with a tiger, a rattlesnake and a lawyer. You have a gun with two bullets. What should you do?
Shoot the lawyer. Twice.
________
What's the difference between a mosquito and a lawyer?
One is a blood-sucking parasite, the other is an insect.
A lawyer has his hands in his own pockets
______
At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn't it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"
The witness stared out the window, as though he hadn't heard the question.
"Isn't it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated.
The witness still did not respond.
Finally, the judge leaned over and said, "Sir, please answer the question."
"Oh," the startled witness said, "I thought he was talking to you."
__________
A man sat down at a bar, looked into his shirt pocket and ordered a double scotch.
A few minutes later, the man again peeked into his pocket and ordered another double. This routine was followed for some time, until after looking into his pocket, the man told the bartender he’d had enough.
The bartender said, "I’ve got to ask you. What’s with the pocket business?"
"Oh," said the man, "I have my lawyer’s picture in here, and when he starts to look honest, I know I’ve had enough."
_______
Did you hear about the new sushi bar that caters exclusively to lawyers?
It's called, Sosumi.
______
How can you tell when a lawyer is lying?
His lips are moving.
_________
What do you do if you run over a lawyer?
Back over him to make sure. Then, make another notch on the steering wheel.
_______
Why don't lawyers go to the beach?
Cats keep trying to bury them in the sand
__________
You're trapped in a room with a tiger, a rattlesnake and a lawyer. You have a gun with two bullets. What should you do?
Shoot the lawyer. Twice.
________
What's the difference between a mosquito and a lawyer?
One is a blood-sucking parasite, the other is an insect.
Your own argument and opinions.
Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.
For this final blog on the subject of intellectual property I am asked to give my own thoughts and opinions on the subject which in many ways the other blogs that I have posted previous to this one do just that. I did find that my lawyer answered the questions I asked in much of the way I thought he would by looking through and reading the book. This is not a subject of light reading by any means and my hat is off to the individuals who practice and specialize in this sort of law. There is a great deal of information that goes with this subject and trying to get a good understanding of all the different aspects of each of the four types of intellectual property laws has not been an easy one, yet for me it has been very helpful. I now know many things that I did not previously know and as I get to the end of my degree and start to establish my own brand and company in the world marketplace I feel better about what I need to do to protect myself and my own intellectual property. For me personally at this point in time Copyrights are one of my biggest concerns, being a photographer my work is often easily accessed by viewing it on the web. So in today’s world, being a digital age having knowledge and resources to refer to concerning how to protect my work, and what to do in the case that someone infringes upon that work is invaluable. “The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. If the owner could not legally require payment in exchange for use, ownership of intellectual property would have little if any commercial value.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 4.)
For this final blog on the subject of intellectual property I am asked to give my own thoughts and opinions on the subject which in many ways the other blogs that I have posted previous to this one do just that. I did find that my lawyer answered the questions I asked in much of the way I thought he would by looking through and reading the book. This is not a subject of light reading by any means and my hat is off to the individuals who practice and specialize in this sort of law. There is a great deal of information that goes with this subject and trying to get a good understanding of all the different aspects of each of the four types of intellectual property laws has not been an easy one, yet for me it has been very helpful. I now know many things that I did not previously know and as I get to the end of my degree and start to establish my own brand and company in the world marketplace I feel better about what I need to do to protect myself and my own intellectual property. For me personally at this point in time Copyrights are one of my biggest concerns, being a photographer my work is often easily accessed by viewing it on the web. So in today’s world, being a digital age having knowledge and resources to refer to concerning how to protect my work, and what to do in the case that someone infringes upon that work is invaluable. “The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. If the owner could not legally require payment in exchange for use, ownership of intellectual property would have little if any commercial value.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 4.)
Rule of law
Rule of law -- a concise summary of the main precedent established. Support with quotes form the book
So what would be the main precedent establish by the questions I asked my lawyer, well I think the simple answer is that which has been told to us in class all quarter. And that is the law is much more complicated than we think it is or should be so the sound advice that our teach has given to us and the same advice given to me by my lawyer is that when it comes to some things concerning intellectual property and its laws you should consult an attorney. “Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take the trespasser to court.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 5.) There are four types of laws concerning intellectual property which are Patent law, Copyright law, Trademark law, and Trade Secret law. “Sometimes, trade secret, copyright, patent, and trademark laws intersect with each other with respect to a particular product or service.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 6.) Each of these groups of intellectual property is given different rights according to the nature of the intellectual property. The first of these are Patent laws which are granted to a patent owner for a limited time for the use and development of an invention. The second it that of Copyright law which protect a variety of original expressions, some of which are photographs, drawings, painting, songs, website, etc. Copyrights differ than a patent because a copyright is given to the creator at the moment of creation, yet it can be enhanced by registering the Copyright. “Copyright lasts for the life of the work’s creator (its author) plus 70 years. In the cases where the creator is a business, the copyright lasts between 95 and 120 years.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 196.) The third is that of Trademark law which is are legal rules that businesses use to protect the names, logos, and other commercial signifiers used to identify their products and services, like that of Coke Cola. These rules are meant to do one thing and that is to prevent consumers from being confused in the marketplace, thinking they are getting one thing because of a name or logo and getting something different in return that could potentially hurting or ruining a company’s reputation. Lastly is that of Trade secret laws which are designed to try and protect any information that is secret and has commercial value. “Trade secrets often comprise customer lists, sensitive marketing information, unpatented inventions, software, formulas and recipes, techniques, processes, and other business information that provides a company with a business edge.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 528.) An example of this would be that of KFC’s special recipe for the herbs and spices used in their chicken. This is why it is important to contact an attorney if you have a question or other reason to pursue some sort of action in response to someone infringing on your rights when it comes to one of these different types of intellectual property items.
So what would be the main precedent establish by the questions I asked my lawyer, well I think the simple answer is that which has been told to us in class all quarter. And that is the law is much more complicated than we think it is or should be so the sound advice that our teach has given to us and the same advice given to me by my lawyer is that when it comes to some things concerning intellectual property and its laws you should consult an attorney. “Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take the trespasser to court.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 5.) There are four types of laws concerning intellectual property which are Patent law, Copyright law, Trademark law, and Trade Secret law. “Sometimes, trade secret, copyright, patent, and trademark laws intersect with each other with respect to a particular product or service.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 6.) Each of these groups of intellectual property is given different rights according to the nature of the intellectual property. The first of these are Patent laws which are granted to a patent owner for a limited time for the use and development of an invention. The second it that of Copyright law which protect a variety of original expressions, some of which are photographs, drawings, painting, songs, website, etc. Copyrights differ than a patent because a copyright is given to the creator at the moment of creation, yet it can be enhanced by registering the Copyright. “Copyright lasts for the life of the work’s creator (its author) plus 70 years. In the cases where the creator is a business, the copyright lasts between 95 and 120 years.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 196.) The third is that of Trademark law which is are legal rules that businesses use to protect the names, logos, and other commercial signifiers used to identify their products and services, like that of Coke Cola. These rules are meant to do one thing and that is to prevent consumers from being confused in the marketplace, thinking they are getting one thing because of a name or logo and getting something different in return that could potentially hurting or ruining a company’s reputation. Lastly is that of Trade secret laws which are designed to try and protect any information that is secret and has commercial value. “Trade secrets often comprise customer lists, sensitive marketing information, unpatented inventions, software, formulas and recipes, techniques, processes, and other business information that provides a company with a business edge.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 528.) An example of this would be that of KFC’s special recipe for the herbs and spices used in their chicken. This is why it is important to contact an attorney if you have a question or other reason to pursue some sort of action in response to someone infringing on your rights when it comes to one of these different types of intellectual property items.
Reasoning of the Law
Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer
Well to give a full analysis of the thinking process and logic used by my lawyer I would probably need to be in their head. Not having the ability to do this I will give my best opinion on how they came up with the answers that they did. “Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 4.) Like most people we make decisions and answer questions based on what we know. All lawyers are people or at least they appear that way so it only stands to reason that they would look back upon their experiences and knowledge gained as they studied law practices in college. Anyone who studies law in school will study a broad spectrum of law before they finally decide what if anything they wish to specialize in. The lawyer I spoke with is not an intellectual law lawyer so I believe he gave his answers to the best of his knowledge relating it to the things in which he knows to be true. “Intellectual property law, along with court decisions and regulations, establish rules for the following activities:
• Selling or licensing of intellectual property
• Resolving disputes between companies making or selling similar intellectual property products and services, and
• The registration and administration of intellectual property.”
(Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 5.)
This is why I think that my lawyer made good sounds judgments for his answers, because of the fact that most all law practices are done and studied the same way so that even though he is not an intellectual property law lawyer he can still look at the questions and relate them to something in his on field of expertise.
Well to give a full analysis of the thinking process and logic used by my lawyer I would probably need to be in their head. Not having the ability to do this I will give my best opinion on how they came up with the answers that they did. “Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 4.) Like most people we make decisions and answer questions based on what we know. All lawyers are people or at least they appear that way so it only stands to reason that they would look back upon their experiences and knowledge gained as they studied law practices in college. Anyone who studies law in school will study a broad spectrum of law before they finally decide what if anything they wish to specialize in. The lawyer I spoke with is not an intellectual law lawyer so I believe he gave his answers to the best of his knowledge relating it to the things in which he knows to be true. “Intellectual property law, along with court decisions and regulations, establish rules for the following activities:
• Selling or licensing of intellectual property
• Resolving disputes between companies making or selling similar intellectual property products and services, and
• The registration and administration of intellectual property.”
(Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 5.)
This is why I think that my lawyer made good sounds judgments for his answers, because of the fact that most all law practices are done and studied the same way so that even though he is not an intellectual property law lawyer he can still look at the questions and relate them to something in his on field of expertise.
The Questions:
The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?
1. What is the first step someone should take if or when they find someone else using their intellectual property without permission?
ANSWER - (1) Write a detailed letter that identifies your intellectual property,how the offending party is using it illegally the consequences of the illegal use or (2) contact an attorney.
2. What is the best way(s) to protect your intellectual property?
ANSWER - (1) Take the necessary steps to get a copy, patent (or whatever applicable protection). or (2) contact an attorney.
3. What is the best way to protect my intellectual property when working under contract for someone?
ANSWER - (1) have a clear employment contract that allows you to maintain your rights in your work or (2) contract an attorney.
4. What is some common legal issues while doing freelance work?
ANSWER - Inadvertent illegal use of others Intellectual Property.
5. Do all states deal with intellectual property the same? How do they differ?
ANSWER - IP is governed by federal law.
6. Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
7. Doe intellectual properties stay the same in digital vs. printed form?
ANSWER - I think it's different, but don't know.
8. When is it necessary to trademark an Intellectual property?
ANSWER - As soon as possible and contract an attorney.
9. At what point of change to an intellectual property does that intellectual property become your own?
ANSWER - Don't know exactly, but I believe it deals with "calls to mind" or something like that. If your work still reminds most people of other protected work, you're probably in trouble.
10. What is a typical time frame of intellectual property case to be settled?
ANSWER - Don't know. contact an attorney.
1. What is the first step someone should take if or when they find someone else using their intellectual property without permission?
ANSWER - (1) Write a detailed letter that identifies your intellectual property,how the offending party is using it illegally the consequences of the illegal use or (2) contact an attorney.
2. What is the best way(s) to protect your intellectual property?
ANSWER - (1) Take the necessary steps to get a copy, patent (or whatever applicable protection). or (2) contact an attorney.
3. What is the best way to protect my intellectual property when working under contract for someone?
ANSWER - (1) have a clear employment contract that allows you to maintain your rights in your work or (2) contract an attorney.
4. What is some common legal issues while doing freelance work?
ANSWER - Inadvertent illegal use of others Intellectual Property.
5. Do all states deal with intellectual property the same? How do they differ?
ANSWER - IP is governed by federal law.
6. Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
7. Doe intellectual properties stay the same in digital vs. printed form?
ANSWER - I think it's different, but don't know.
8. When is it necessary to trademark an Intellectual property?
ANSWER - As soon as possible and contract an attorney.
9. At what point of change to an intellectual property does that intellectual property become your own?
ANSWER - Don't know exactly, but I believe it deals with "calls to mind" or something like that. If your work still reminds most people of other protected work, you're probably in trouble.
10. What is a typical time frame of intellectual property case to be settled?
ANSWER - Don't know. contact an attorney.
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