The UK copyright act of 1988 Essays

The UK copyright act of 1988 Essays The UK copyright act of 1988 Essay The UK copyright act of 1988 Essay Essay Topic: Law It is difficult for intellectual property laws to keep pace with technology. When technological advances cause ambiguity in the law, courts rely on the laws purposes to resolve that ambiguity. However, when technology gets too far ahead of the law, and it becomes difficult and awkward to apply the old principles, it is time for re-evaluation and change. (Working Group on Intellectual Property Rights (Information Infrastructure Task Force), Intellectual Property and the National Information Infrastructure (Preliminary Draft, July 1, 1994)) The copyright, Designs and Patent Act (CDPA) of 1988 was introduced to give legal protection to the creators of these works in order to prevent exploitation and to ensure their moral rights. The purpose of the CDPA was to protect the following types of work: * Literary Works * Dramatic Works * Artistic Works * Musical Works * Films * Broadcasts * Published Edition * Performers Rights Whilst the CDPA theoretically protects certain technological plagiarism through Section 107 of the Act which states that where an individual sells, hires, exhibits, or distributes an infringing copy of a copyright work in the course of a business, or distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright an offence will be committed. Nevertheless the extent of this protection has been greatly eroded due to fast moving changes in technology. One of the most significant legal questions surrounding the emerging Internet technologies is, admittedly, how copyright (and intellectual property in general) applies when unimaginably vast amounts of information can be digitally stored, copied and transmitted, cheaply and speedily. For many, we have entered a new era where copyright protection is still necessary, but its enforcement is no longer effective, or, even, possible. Perhaps even more importantly, whereas most technologies (e.g. camcorders, video recorders, etc.) would simply make copyright protection more difficult, digital computers managed to alter the fundamental concepts behind copyright (1). Especially when combined with telecommunications networks; with Richard J. Soloman stating in his book Computers and the Concept of Intellectual Property that they pose `issues completely at odds with copyright traditions based on the printing press of 400 years ago. Why is the Copyright Act of 1988 no longer adequate? * Users Attitudes towards materials found on the internet Originally the internet was associated with free information access and sharing that was limited to a relative small number of people, many of whom originated from the academic community. However the growth of the internet and its users has meant an increased use of the internet for information retrieval and distribution, communication, and interaction by a global audience. This set of new users do not feel bound by academic standards, or the set of rules known as `Netiquette that previously governed users conduct in cyberspace and thus they feel that anything found on the internet is public material and thus any copyright notice attached with it is considered of little or no consequence. The problem of improper use of copyright protected materials is further amplified by the incredible ease with which the WWW can be created, and which allows virtually anyone to become a web publisher. * Underlying Characteristics of the Internet Caching The Internet, operates on a ubiquitous `copying and transmitting fashion, i.e. information is accessed by duplicating data stored in binary files before sending it across the globe a process known as Caching. Although `cached copies are purely transitory and will be discarded as soon as the computer used is shut down, it has not been so far clarified decisively. In the context of U.K. copyright law, temporary storage of a copyrighted work in a computers RAM memory is at first sight an infringing reproduction, therefore browsing could also be, despite the fact that without a transient copy there is no access to on-line information. Inlining Inlining is a technique, which enables creators of web pages to embed content (e.g. text, or images) by including a reference to the URL location of the material. No cache copy of the inlined material is made on the host server, since it is retrieved every time from the original source, yet many information providers feel threatened by this practice, because the inlined content appears as integral part of the page, to which it is inlined. So far, there has been only one dispute arising from inlining. It involved the comic strip `Dilbert and has settled out of court with removal of the materials involved (2). Framing Introduced in 1996 by Netscape Communications Corporation as a feature of their web browser, the FRAME tag allows the viewer screen to split into multiple scrollable sections (`frames) that operate as independent windows containing text, graphics, multimedia, or other frames. It is therefore argued that end users may be easily misled to believe that all material on screen originates from the same server. Only site owners themselves can ensure that there is no confusion as to the ownership of the materials presented within the frame. Furthermore, it is arguable whether framing can be covered by the scope of the implied licence for linking, since it does not take the end user to the web site, but rather brings the site to the user through another (framing) site, thereby altering his or her perception of the material. The controversial nature and threat to copyright of this feature was seen in the Washington Post Co. v. Total News case. * Ease of Plagiarism and illegal copying Although the UK Copyright Act of 1988 protects Musical/Artistical works and the rights of performers, technology has once again outdated this feature of the act as well. The introduction of uploading software, CD copiers and file formats such as MP3 and AIV have meant that these works are no longer protected. This point was perhaps best highlighted in the recent court case between Napster.com and the Recording Industry Association of America (RIAA) which branded Napster a copyright infringement machine (3). However whilst Napster has now been shutdown, nevertheless it acted as a catalyst to many other sharing communities like itself such as aimster.com, imesh.com and mp3.com. Similarly this approach to illegal copying is not merely limited to music files and is extended to movies and software. This is as a result costing the entertainment industry and software companies amongst other, billions of dollars out of pocket. * Jurisdiction Issues Perhaps the greatest shortcoming of the UK copyright Act of 1988 is that it only implies to the United Kingdom and thus what maybe considered against the law and breaking copyright agreements in the UK may be perfectly legal in the United States. Similarly this problem has been further exasperated as cyberspace has no geographical boundaries. Information and data are transmitted across state borders at incredible speeds. Bonds to geographical jurisdiction are fragmented, if non-existent, and questions as to where copyright infringements occur arise. The Internet and copyright: An alternative viewpoint One alternative yet radical viewpoint is that by placing their materials on the Internet, copyright owners are granting `implied licences to the rest of the users to link to this information. The rationale for that is based on the nature of the Internet itself as a meta-network, i.e. the network of networks, which requires guidance by pointers for users to locate the vast amounts of information stored on it. Linking is custom and practice, and the reason for the WWWs success. So, there is, more or less, an implied licence for linking, unless the site owner has expressly stated an objection. However I believe that this theory should be linked with Netiquette with an e-mail request sent to the owner of the site for permission to link. Proposed Solutions When determining possible solutions to the current inadequacies of the UK copyright Act of 1988 it is vital to comprehend that the current laws were designed mainly for the protection of published material. Digital works are an entirely different category, both conceptually and technically and thus it may be said that they require a whole separate set of laws. Whether we approach this matter from a progressive or conservative point of view, the fact remains that there is an urgent need for copyright law to be able to deal with the new challenges posed by Internet technology. * Encryption Encryption is one possible solution that has been presented by which a purely technological solution would allow the protection of digital data. Such a method has already been used for email with the invention of Phil Zimmermans Pretty Good Privacy (PGP) (7). However such a system would put the publisher in a very strong position compared to the other party, and would be open to abuse. Similarly the system would again raise grey areas of what data should be encrypted and what should be available to the general public. * Electronic Copyright Management Systems (ECMS) One proposed method is employing electronic copyright management system (4). Such a system is seen as being more preferable to encryption and allows viewing and reading for free, but a fee for permanent storage and downloading. However such a system may have legal implication and large grey areas in terms of what information should be charged for and what should be public knowledge. * Transcopyright Xanadu Project A notion developed by Ted Nelson in conjunction with his project Xanadu(5).Xanadu publishing is a long-standing proposal for a new literary medium (very much like the WWW) that would preserve integrity, copyright and royalty for digital works, and yet allow everyone to reuse already existing materials. * Cyberlaw The disjunction between the territoriality of legal disputes and the ubiquity of cyberspace has led to several proposals concerning the creation of a separate jurisdiction for cyberspace. Jurisdictional problems can be tackled on an international level by either creating a special international court for on-line disputes arising from intellectual property infringements, or by introducing an international advisory and arbitration organisation that will assist national courts in dealing with them. A potential model upon which this international court or organisation can be mapped is the Virtual Magistrate Pilot Project (6) of the Cyberspace Law Institute (CLI), a new on-line tribunal not bound by territorial borders. The project is carried out by eight magistrates (usually with an in-depth knowledge of technical as well as legal matters) who conduct arbitration via e-mail and publish their decisions on the institutes web site. The decisions cannot award damages, only injunction type r emedies; nevertheless, they are issued much faster than any decision of a national court. So far, the magistrates have only dealt with e-mail disputes, but it may not be too long before they will have to arbitrate intellectual property cases. In contrast such a dual method will mean every country will have two sovereigns governing different areas of law. This would create vast grey areas between them that could render the proposal ineffective. Conclusion To conclude, the UK Copyright Act of 1988 was adequate at the time of design. However in the thirteen years since its design, Technology has come forward leaps and bounds. As a result this act that was initially designed mainly for the purpose of non electronic sources has now become out of date or is being largely ignored due to the growth of technology. However when incorporating any solutions to the current inadequacies, it is vital to realise that whilst the rights of copyright owners are an important component of the copyright equation, so are the rights of public for information dissemination, freedom of expression and informational privacy. As a result looking into the future, the government needs to re-evaluate the interests of all those involved and legislate towards a new more flexible copyright framework, suitable for the digital age. Similarly, due to the global nature of digital technology with no geographical boundaries, perhaps a more suitable solution would be to inco rporate such a framework into a cyberlaw.

Source analysis Essay Example | Topics and Well Written Essays - 1000 words - 1

Source analysis - Essay Example ’s suffrage, it also reminds that there is more to be achieved and exhorts all those involved in the movement to continue striving for a better world in the wake of the war’s aftermath. Catherine Osler was secretary of the BWSS from the year 1885. A year before that, she was chosen president of the Birmingham Women’s Liberal Association. She was the founder of the Birmingham Ladies’ Debating Society in 1881 and a member of the National Union of Women’s Workers. In 1891, she brought a resolution for women’s suffrage and in one of her speeches in 1908, she strongly favoured the enfranchisement of women in a debate discussing the motion that ‘the time has now come for granting the franchise to women on the same terms as it is or may be granted to men.’ In 1901 she became president of the BWSS. She held that position until 1921 when the society finally dissolved on the grounds that its aims had been achieved. In 1911, she published a gripping and judicious study of family life titled A Book of the Home, in which she observed that ‘there are no natural spheres for men and women’. Democracy is supposed to be a political system in which all are equal. However, for a long time, even in the democratic countries like US and UK, the right to vote was limited to men and women had no opportunity to take part in the process of elections. Even farmers and labourers, only men of course, came under the purview of the right to vote by the Bill of 1884 in UK. Campaigns by women for the right to vote began in the latter half of the 19th century. However these campaigns were mostly peaceful and followed democratic methods like organising meetings and sending petitions to the authorities by which they sought to persuade and even pressurize the government to make necessary changes in the direction of granting women the right to vote. There were a large number of groups which worked with similar mindset. The term ‘suffragists’ refers to the women who took an

Book Review Essay Example | Topics and Well Written Essays - 500 words - 2

Book Review - Essay Example Obama’s political position on many different subjects such as war in Iraq to health care and education. After reading this book I really appreciate the author because he was eloquent and seemed thoughtful. Mr. Obama has an inviting and warm way of communication which shows him as an agent of change in the history of American politics. The writing style of this book is really good but it seems a bit too earnest for political correctness in America. The author presents his faith and values in such a way that is far more comfortable than many other political contemporaries. In this book Mr. Obama does a good job of describing how and why his values cause him to act and think in the way that he does. In my point of view if even someone doesn’t agrees to his plans and policies but will respect his commitment to change and energy of the author. I take issue with the author’s actual policies like health care which may seems great but it will lead to decreased choice and quality for most of the fellow Americans and issues like budget deficits and soaring taxes but I do agree with his policy that our country must overcome the addiction of foreign oil. I also agree on the point that more emphasis required for upholding traditional values and strengthening families. Mr. Obama’s opposition for many different reasonable remedies is really curious. The most important point was the emphasis on finding the root causes of poverty in the world and in our country and we should focus on dangerous issue like teen pregnancy. There are many expressed ideas of Mr. Obama that cannot be aligned with the ridiculous and radical statement of the senator’s pastor, who was the man that inspired the title of this book. In my point of view whether someone is liberal or conservative this book is a great source of information and it gives a great insight into the most significant

Financial Analysis of Samsung

Financial Analysis of Samsung In todays era of digital there are companies drifted towards the digital technology. The company Samsung has made his position in the market by themselves and now days recognised as the most innovative and good quality brand in the sector of electronic industry. The Samsung follow the policy of we will devote out human resources and technologies to create superior products and services thereby contributing a better global society. In this assignment there is financial analysis of the Samsung Company in relation to the last five years summary. The various aspects are discussed critically in this assignment work. In addition to this there is comparison of the Samsung Company with respect to the Nokia Company a big rival of the Samsung Company in the market. There is comparison of the financial positions of both of the companies to make the differentiation between their strategies so they in future they can be benefited by this. Introduction to Samsung Company The Samsung Company is famous company in the area of electronic industry. This company was established in 1969 in Taegu, Korea. The founder of this company was Byung Chull Lee. At the very first time the company has started business with the manufacturing of Black and White TVs. At the early period of time the company was at the steady growth and after the end of year 2004 the company has got about the sale of  £52 billion and has assets about  £38 Billion. At this time the company had employed approximately 113 thousand at the worldwide. In this year the company got the competitive advantage too as it go ahead to its competitive rivals like Kodak, Philips, and Panasonic etc. (Barney and Hesterly, 2008, PC-2 -1). At that time the company involved in the manufacturing of TVs, Computers and Av equipments, Mobile Phones, Networking Equipments, LCD Screens, Notebook computers, Laptops, HDTVs , Washing Machines and other electronic equipments etc. (Barney and Hesterly, 2008, PC-2 -6) . According to the company the success they achieved is purely depend on their contribution that how they manage their company in an effective way by considering the things like contribution to society and mutual prosperity at the worldwide level among the people. The chairman of the company has told that the group of Samsung always guide their employees to pat emphasise over the efficiency and design of the products. Under the observation of the formal chairman the company able to attain the leading position in the electronic market (Barney and Hesterly, 2008, PC-2 -6). In relation to this the below diagram has shown the organisational structure of the company. Financial Analysis of the Company (Samsung) The Samsung is continued to grow and gain profit in the market at high rate. From the financial statement of the last five years of the company has clearly showed that how the company is on the track of the progress. From year 2005 to 2010 there is increase in the net profit of the company. For the year 2005 the company has gained the profit with 31 % but in the next year it was decreased by 1 % and become 30% then for the coming consecutive years there is decrease as that was recession period but still in recession it made the profit of 28% in both 2007 and 2008. For the further improvement in next year of 2009 there is total gross profit is by 33.5 % and fro the next and present year of 2010 the company has the highest profit of 35.3 % as a gross profit of the company. From the financial statement given in the appendixes it is clear that the company has got the improvement in last five years. Till year 2010 there is total assets of the company are 125,677 billion as Korean KRW. Source http://www.corporateinformation.com/Company-Snapshot.aspx?cusip=C410P0400 Ratio Analysis of the company Samsung The following table show the ratios for the company over last five years. The different ratios find in the table are ROE in which there are ratios of Profitability, assets turnover ratio and leverages are included and there is average ration of ROE is given. For the next there is Debt/ equity ratio for the five years followed by the Net debt/equity ratio and in the last column there is total earnings per share are given. The ratios are calculated from the balance sheet and income statements for the last five years of the company. The ratios calculated are shown in the following table for the years 2005-2010. Introduction to Nokia The company Nokia has started in year 1856 at the banks of Nokianvirta River. The company at that time is major force in the industry. After that it undergoes merger with Cable Company to enter into the market of electronic by the name of Nokia Corporation. The new company successfully entered into the market and play a pioneering role in the area of mobile communications. Due to the globalisation the company soon grow at fast pace and there is good position attained by the company. The most strategic decision taken by the company was in 1992 that to concentrate on the telecommunication business only. At present the Nokia Corporation  is engaged in the business of communication and manufacturing of the mobile. This company is at the number one position in the market. The company had over 123000 employees at present working in the company. The company has its roots in 120 countries of the world. The annual sale of the company is 41 Euro billion and has profit about 1.2 euro Billion as on the year of 2009. This company is recognised as the worlds largest manufacturer of mobile phones and even it provides the navigation system too in addition. The market shares of the company was 30% of the global market in the third quarter of year 2010 operating profit of à ¢Ã¢â‚¬Å¡Ã‚ ¬1.2 billion as of 2009. It is the worlds largest manufacturer of  mobile telephones: its global device  market share  was 30% in the third quarter 2010, but this value is less than to year 2009 when it was 34 %. The Nokia is continuing to growing by introducing advance technology accordin g to the global needs of the society and market. Financial analysis of Nokia For the financial analysis of Nokia there is consideration of the annual statements for the last five years of Nokia and also there is consideration of the balance sheet of the Nokia for the last five years from 2005- 2009. The following table is formulated for the explanation purpose to analyse the financial position of the company. Ration Analysis of Nokia The following table shows the ratio analysis of the company on the bases of above table which represents the overall financial statement of the company. From above table of ratios it has been seen that there is deterioration in the ROE ratios from 2007 to 2008 and from 2008 to 2009. There is also deterioration in the ROA ratio with the same pace. Comparison of Nokia and Samsung The both companies are reputed companies in the mobile sector. The Nokia is leading than the Samsung Company. At present the nokia is number one company but there is deterioration in the sales of the company and even in the ratios of the company if it continues it will be hard for the company to compete with its rivals. On the other hand the company Samsung is continue to grow. There is continue growth has seen in the company. As from the financial analysis of the company and the ratios calculated it has seen that at present the company has raised itself from the 15th position to the 5th position and this is milestone in the history of telecommunication industry. The company is continuing on this track to progress. The following presentation shows the comparison between these two companies. Nokia 2009 Samsung 2009 Position in Market 1st 5th Operating income ( 1716) 8973 Net profit 0.63 % 15.4% From above table it is clear that Samsung is making profit regularly. On the other hand there is continues deterioration in the Nokia from last four consecutive years. Vendor Conclusion From the above report it is concluded that the financial analysis is very important for the companies in every field. This is useful in find out the level of company and moreover this is useful in having comparison with the other companies so that for the future welfare possible steps should be taken. The financial analysis make the company knows about the finance they have to spend and where they need to spend this. This even gives the evaluation for the profit and loss for the company.

American Indian Education Essay

In this article the author argues that the American government should provide the Indian society the opportunity to create their own institution, for further education. He believes the American culture is being forced upon Indian society through education. Arthur C Parker believes in further education, as he himself is a no graduate from Dickinson Seminary. In his experience, Indian Students are being taught to assimilate to common American culture, while disregarding there own family tree. He states that by placing an Indian University, students would be granted the opportunity to further there education, as well as, the opportunity to embrace there own culture. Based upon Indian culture, Indians will be able to expand there education at a superior level, while never being forced to be similar to the white race. The American Indian wouldn’t be no less than an American, now be treated any differently, but he believed that the Indian had the opportunity to be granted the same education. Furthermore, he feels like no other Indian should be left out of the proper education they deserve. In conclusion, Arthur C. Parker strongly stands up for his believes, and does bend his head in shame, he is proud to be and Indian. Considering the time frame, 1913, where America is a developing nation of many cultures, the brining of a single race institution would cause a big controversy. America is known as the â€Å"Melting Pot†, where there is a variety of different cultures. To one, this article will seem to be talking back to American society. Parker has a strong believe and feels like this will improve the Indians education. I believe that he is so passionate for the American Indian University because he did not have the opportunity to complete his education, probably because he didn’t feel comfortable in his learning environment. In my perspective, this article is important, but nothing extraordinary from modern days, this issue continues with other races. The opportunity to have a single race intuition would’ve meant that every single race would have that same right, one has to be accustomed to what America is, as of today, a mixture of many cultures and beliefs. In my opinion, any student who believes, and want a higher education, will do so in any environment they are in.

Left Turning Tendencies

We know the four basic forces that act on an aircraft that make it fly. There are however a combination of physical and aerodynamic forces that contribute to a left-turning tendency in propeller driven airplanes. The forces of P-factor, torque, slipstream, and gyroscopic precession all work to create a left-turning tendency during high-power, low-airspeed flight. P-Factor is a force from the propeller. It is also known as Asymmetrical Thrust. When you are flying an airplane at high angles of attack, the descending blade (right side) of the propeller takes a greater †bite† of air than the ascending blade(left side). This then causes the airplane to yaw to the left about the vertical axis. P-Factor is most pronounced when the engine is operating at a high power setting, and when the airplane is flown at a high angle of attack. In level flight, P-Factor is not apparent, since both the ascending and descending blades have almost the same AoA and are approximately creating the same thrust. Torque is greatest at low airspeeds, high power settings, and high angels of attack. Torque is better remembered by knowing Newton’s third law of motion. â€Å"For every action there is an equal and opposite reacion. † Most single engine aircraft where the motor is mounted on the front, the propeller rotates clockwise when viewed form the cockpit. When the engine puts a force on the propeller turning it to the right, the airplane reacts and rolls in the opposite direction about the longitudinal axis. As the propeller creates thrust and produces a backwards flow of air, or slipstream, the air â€Å"wraps† around the airplane. Since there is a clockwise rotation of the propeller, the resultant slipstream flows over the top of the fuselage back around and underneath, then comes around to strike the left side of the vertical stabilizer. Which then yaws the aircraft to the left. As airspeed is increased, the slipstream tends to â€Å"stretch† out and the left turning force is less apparent. The propeller on an airplane can be compared to a gyroscope – rigidity in space and precession. The characteristic that produces a left-turning tendency is precession. Gyroscopic Precession can be defined as the resultant reaction when a force is applied to a rotating disc. When a force is applied to say the top of the disc, the reaction then is moved in the direction of rotation and approximately 90 degrees ahead of the point where the force is applied. Clockwise turning propellers, when this force is in effect, will yaw the airplane to the left. The effects will be experienced when the aircrafts attitude is changed. This force is not so apparent on tricycle landing gear aircraft, but on tail wheel airplanes, when on takeoff roll as the tail is raised the precession is greatest. Remember that these four left-turning tendencies in propeller driven aircraft, torque, gyroscopic precession, asymmetrical thrust (p-factor), and spiraling slipstream, have their greatest effect during high power, low-airspeed flight conditions. A good and thorough understanding of the effects can help you anticipate and correct for their effects. ———————– [pic] [pic] [pic] [pic] [pic] [pic]

Two or Three Things I Know for Sure - 1071 Words

Two or Three Things I Know For Sure Allison illuminates the fact that we as women must appreciate each other and our beauty before we can truly cherish other forms of beauty around us. Two or three things I know for sure, and one of them is that of we are not beautiful to each other, we cannot know beauty in any form(86). We are so conditioned to see female beauty as what men see as beautiful, that we don t even know what it means to us. If we can get to the point where women feel beautiful even if they don t fit the societal ideal, it will allow us to open our minds to all other forms of beauty. Morgan asserts in her article, Women and the Knife, Rather than aspiring to self-determined and women-centered ideals of†¦show more content†¦Society now believes it is perfectly acceptable to tell women they must look flawless, and even to advertise how to achieve this. The website also examines the different kinds of makeup they offer, and each one supposedly offers not only to enhance your natural features, but more so to change or hide them. For example, the lip liner can ...change the size and shape of the lips...and also camouflage facial lines surrounding the lip as a result of aging. Aging in women has never been seen as a beautiful process. Allison says of her aging sister, I thought she was beautiful. I think she still is (79). While Allison is at her sister s home, she also speaks with her niece. She tells her that, ...she was so beautiful people said the sun shone brighter when she walked out in the day. They said the moon took on glitter when she went out in the night(85). She then runs her hand along both her sister s and her nieces face and jaw line, and tells her That s the mark of the beautiful Gibson women, you both have it(86). We must be able to be beautiful to each other. She doesn t tell her how the boys will love her, or how lucky her husband will be, rather what she sees as her beauty. This is what we as women all need to take as our responsibility to do. Only then can we see each others beauty for what it is, not what it could be or what society deems is should be. Only thenShow MoreRelatedAnalysis Of The Book Two And Three Things I Know For Sure 906 Words   |  4 Pages In the book ‘Two or Three things i know for sure’, Dorothy Allison who tells her story growing up in a memoir and she uses her experiences to explain the two or The things she learned. What makes this her story stand out is not just that it s a memoir but also because the main point is beauty and how women in her family were put down and abused because of their appearance. 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