Monday, February 17, 2020

Law and the Media Case Study Example | Topics and Well Written Essays - 1500 words

Law and the Media - Case Study Example The reason that was given for this was that it seemed that these file-sharing companies were not innocent by reason of lack of knowledge as they had, The court unanimously agreed that "distributors of technology that enables copyright infringement can be found liable for their users' actions, but only if a plaintiff can point to evidence that the distributor took "affirmative steps" to foster infringement."4 The court also said that actual knowledge was required to prove that these ISPs (Internet Service Providers) were liable for the copyright infringement. It is misleading to call this case "Grokster" because this company and the other jointly accused companies opted for an out of court settlement with the plaintiffs and Steam Cast was the only company that decided to go on to contest the case. This company then moved for a summary judgement at the US District Court for the Central District of California, and was not allowed to keep its communications and business plans privileged and confidential. It was found that Stream Cast was guilty of devising the Morpheus software and the Open Nap network to find itself the same consumer base as Napster. Its open advertising to promote its business and blatantly allowed its users to infringe copyrights of Music companies and was even guilty of encouraging and assisting them in such means. The whole business model was based on copyright infringement according to the presiding Judge Wilson5 .The Company was freely distributing this software and relying on sponsor revenues. The fact that it took no "meaningful" steps to halt its activities or prevent its customers from doing so . The only flimsy excuse that the company had was that it had given a warning to its customers in its user-agreement, yet it did little to enforce this agreement. Judge Wilson said in his concluding speech that, "This court finds that no reasonable fact finder can conclude that Stream Cast provided Open Nap services and distributed Morpheus [software] without the intent to induce infringement".6 Legal issues and academic opinion arising from the case The age of information technology has made the internet the copyright infringer's playground. The convenience and low cost at which this has been done has prompted the law enforcement authorities to stand up to the challenges of the protection of intellectual property rights .This problem arose in the case of peer-to-peer (P2P) file-sharing. This judgement has given a new dimension to the law of Copyright.

Monday, February 3, 2020

Accident Victim Interview Essay Example | Topics and Well Written Essays - 500 words - 2

Accident Victim Interview - Essay Example The accident victim is one of the 112 workers on the site when the accident happened. The explosion occurred in the center of the refinery, a place where bagging took place. In this place, a network of conveyer belts and elevators fed the storage facilities with the complete work. The explosion came from sugar dust explosion. He onlookers and witnesses of this fateful night explosion reported seeing flames of fire rise as high as the height of the nearby story buildings. The workers present in the building were going about their duty when the explosion occurred. Sugar dust was the explosive substance as identified by OSHA, who came into the site of the accident after two hours. The explosion weakened the entire structure especially the packaging area, which was completely dismantled by the explosion. After putting out fire, sugar that had now melted in the silos remained alight and required specialized equipment to smolder it to recover some bodies still missing. The company was shor tly shut down as heavy fines from OSHA were placed on the company because of safety violations. In addition, the company incurred heavy insurance costs and other medical bills. The accident victim sustained fatal injuries on the legs because of stepping on the molten sugar as he ran away from the explosion sight. Luckily, he fell into the river and was able to swim his way out of the river and get help quickly. His legs had to be operated on, which means that he was hospitalized for three months. After leaving the hospital, he stayed on a wheel chair for six months before he could walk again. It was only after two years that he could find a new job to do as the former company closed down. OSHA circulated some regulations to make workers aware of the risk associated with working in sugar refineries to protect them from dust explosions. Although he works at the same capacity, this victim is a changed person. He understands the regulations