Copyright law protect Essay Example Pdf - Free Essay Example

Sample details Pages: 4 Words: 1135 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? Copyright Law; Software is considered a literary work in the principle act in Ireland covering copyright, the copyright and related rights act, 2000 (1). Software copyright is a form of intellectual property law that exists to protect rights associated with tangible property of people and groups. Copyright therefore cannot exist over ideas alone, (1). Don’t waste time! Our writers will create an original "Copyright law protect Essay Example Pdf" essay for you Create order and protected works must be recorded with an authors consent to have copyright protection. The protected material does not require registration and the rights are only waived explicitly through written notice, but the rights are retained by the person whom the arrangements necessary for the creation of the work are undertaken(1), and includes preparatory design materials . Although the bar is set low over what can be protected, it usually must involve a minimum amount of work and be non-trivial and original (2). So what rights does copyright protect and why does it protect it and why is a law necessary to do this?. Copyright prohibits: Copying protected works for distribution as it infringes the à ¢Ã¢â€š ¬Ã…“reproduction rightà ¢Ã¢â€š ¬Ã‚  (1). Lending copies of protected works to unlawful users without remuneration to the copyright holder. Renting protected works to unlawful users where the rented software is the essential object of the loan and not incidental. Installing the software on a network to make it available for multiple users unless it is a special network version is prohibited as it infringes the à ¢Ã¢â€š ¬Ã…“making available rightà ¢Ã¢â€š ¬Ã‚  (1). The moral right of paternity, integrity and false attribution(4) Providing material technical assistance to people who infringe on copyright. Punishment for infringement can be pecuniary or custodial and reflects the seriousness of the infringement from personal hacking to commercial piracy. Since coding, requires the investment of considerable human, technical and financial resources while programs can be copied at a fraction of the cost (3) this offers an uncompetitive advantage to those who would copy products for commercial reasons. The theoretical basis for copyright includes to reward labour as described by Locke, to encourage expression of the will as discussed by Hegel, and for utilitarian and economic efficiency as treated by Bentham (1,5,6). Copyright is not an absolute right but is a fundamental right and in Ireland its possession is in keeping with the principles of social justice espoused in article 43 of the constitution of Ireland (8) and within the European parliament directive (3). Indeed the constitution of the USA in 1787 recognised the authors rights for Limited Times(7) showing the universal recog nition to limit the benefit to the individual for the sake of scientific progress. A utilitarian sense of fairness provides for à ¢Ã¢â€š ¬Ã…“the greatest happiness of the greatest numberà ¢Ã¢â€š ¬Ã‚  of people (6) and although an economic analysis will often keep copyrighted works with a few people to benefit greatly sometimes the need for social justice outweighs these reasons. Recently there was a feature of a high profile case in the European courts between the European commission and Microsoft (9), where Microsoft were found to have purposefully kept competing software from inter-operating with their products and this was facilitated by the derivative work restrictions of copyright law. For under a normal economic analysis of law if a party is willing to expend more of their resources in securing the protected rights, all things considered the right should reside with them(5). In the case of Microsoft Vs EU the damage done to the EUs interests by excluding competition an d thereby to maintain full control over its own information was judged to be of greater value than the investment by Microsoft in its development costs and the decision went against them. Presumably in the information age the premium placed on stores of information is very high and proprietary software will not be allowed to block this path. A subsequent European directive clear includes measures to allow interoperability to be achieved even to the point of de-compiling software, provided sufficient measures have not been taken by the original author of the work. By creating protection for works through copyright personal expression of the will is encouraged. This is one of the moral reasons for copyright law and is a feature of Irish copyright laws greater harmonisation with European law such as through the 2009/24/EC European directive. By these moral rights the copyright owner may assert their right to be recognised as the author in so called à ¢Ã¢â€š ¬Ã…“paternityà ¢Ã¢â€š ¬Ã‚ . Also to prevent protected items from having work derived from them by maintaining the right to integrity (4) and to prevent false attribution for cloned or non supported distributions even where software is redistributed with the authors consent for instance with GPL code disclaimers . This Lawsuit started with a complaint from Novell, Inc. Which is an Americanmultinationalsoftware and services company headquartered inProvo, Utah, over Microsofts licensing practices that happened in 1993, it stated that Microsoft was blocking its competitors out of the market through anti-competitive practices, this complaint focused on the license practices at the time which required royalties from each computer sold by a supplier of Microsofts operating system, with or without the Windows operating system and this led to Microsoft reaching a settlement in 1994. This ended some of its license practices leading to the EU ordering Microsoft to disclose certain information about its server products and release a version ofMicrosoft WindowswithoutWindows Media Player, the European Commission made more focus on the interoperability issue. In March 2004, the largest fine ever handed out by the EU at the time, was given to Microsoft ordering them to payà ¢Ã¢â‚¬Å¡Ã‚ ¬497 million ($794 million or £381 million), in addition to the previous penalties, which included 120 days to divulge the server information and 90 days to produce a version of Windows without Windows Media Player. (1) J. Griffin, J. Ying and A. Nair 2007 Key Facts, Intellectual Property,. Hodder Arnold (2) Office of the Attorney General. (2000). Copyright and related rights act 2000. Retrieved November 24, https://www.irishstatutebook.ie/2000/en/act/pub/0028/print.html#sec17 (3) Eur-Lex. (2009). Directive 2009/24/EC of the European Parliament and of the Council. Official Journal of the European Union. L, 111, page 16 (4) The Irish Patents Office. (2000). Copyright FAQ. Retrieved November 2 4, https://www.patentsoffice.ie/en/copyright-frequently-asked-questions.aspx (5)Ian McLeod, 2007, Legal Theory, Palgrave MacMillan. (6)J.W. Harris, 2004. Legal Philosophies 2nd Ed. OUP. (7) The Constitution of the United States, Article 1, Section 8, Clause 8 (CATO INSTITUTE) (8)Office of the Attorney General (1937) Constitution of Ireland (Article 40), Retrieved November 24. https://www.irishstatutebook.ie/en/constitution/index.html#part13 (9) Wikipedia (2014) European Union Microsoft competition case , Retrieved November 24. https://en.wikipedia.org/wiki/European_Union_Microsoft_competition_case#Follow-up https://en.wikipedia.org/wiki/Apple_Inc._v._Samsung_Electronics_Co.,_Ltd. https://en.wikipedia.org/wiki/Apple_Inc._v._Samsung_Electronics_Co.,_Ltd. https://www.google.ie/?gws_rd=cr,sslei=aMpvVPTCLtfraujagYAM#q=definition+of+a+software+copyrightrevid=1025785382 https://en.wikipedia.org/wiki/European_Union_Microsoft_competition_case https://www.patents office.ie/en/copyright-frequently-asked-questions.aspx https://www.irishstatutebook.ie/2000/en/act/pub/0028/sec0002.html#sec2 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1416778267839uri=URISERV:mi0016

Should The Government Add Extra Tax On Junk Foods Essay

Should the Government Add Extra Tax on Junk Foods? The rate of junk and fatty food consumption has grown in the United States compared to the past few decades. Lifestyle reports indicate that one of the primary issues that were altered is the type of diet that people consume. Currently, it seems like many people eat junk foods almost daily. Junk food refers to any diet that has insufficient nutritional value and unhealthy ingredients. The U.S. government should add extra taxes to junk foods to promote a healthier society. Authors Leicester and Windmeijer note that â€Å"whilst there is no ‘fat tax’ operating in the world at the moment, the idea is under active consideration in Ireland, where around 60% of people are overweight or obese† (8). It seems people prefer fast and processed foods because they are available, inexpensive, and contain high caloric content. However, such meals increase susceptibility to some diseases like stroke, obesity, diabetes, heart attack, and coronary heart disorders, which are the primary causes of death among adults. If the main causes of the diseases are unhealthy feeding habits, dominated by reliance on a western diet, then it becomes unfair for the government to spend the citizen’s taxes to cover the cost. So, to overcome the problems and develop a healthy society, the government needs to implement an extra tax on junk foods. An additional tax on junk food would lead to high cost of production and prices thus reducing the overall output andShow MoreRelatedSin Tax: Why The Government Should Tax Unhealthy Drinks1274 Words   |  6 PagesSin Tax: Why the government should tax unhealthy drinks and foods Right now it is currently 12:42 am and I am craving a midnight snack so I drive to the nearest store that is open near me. I end up at AMPM a gas and food stop. 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Intervention Strategies For Michael Based On Assessment As Follow

Question: What Social Work Ethics and Practice Standards would you be Guided by? Answer: Introduction The assignment deals with the case study of Michael an 82-year old man who have suffered a major stroke which left him physically debilitated. He is mentally alert and lives with his wife Lucia in Gold Coast. His elder son Jared lives in Sydney and prefers his fathers treatment to be started at nursing home. Michaels daughter Julie lives in Brisbane and was recently diagnosed with an aggressive form of Lupus. Michael is keen to return home and his wife is ready to care for her husband at home instead of rehabilitation. However, his doctors have concluded after the assessment that his condition is critical and that his wife may not be able to provide him with required care. In this context, the paper discusses the post hospital care for Michael as a social worker. The concerning issues related to the case are discussed using the social work assessment framework. Further, the paper highlights the interventions required for client and how the social care responsibilities were delivered considering the professional values and ethics. Assessment of the situation In order to help Mr. Michael in his care after transition from extensive rehabilitation to home, it is necessary to assess his condition to enhance optimal functioning and well-being. For this purpose, a multi-dimensional assessment framework is used. This framework helps to explore the socioeconomic context of the current situation of the client. This framework includes social, cultural and structural context (Fillenbaum, 2013). Physical dimensions Age-82 years, gender- male Michael is mentally alert although physically debilitated due to stroke. His coping strategies are good as long as he is in rehabilitation. There is no history of drug or alcohol abuse. He is dependent on caregiver for his daily life activities. Social dimensions Michael has social stress as he and his wife left teaching. There is low social connectedness with colleagues and students with no family support except his wife and son. He has good educational network Psychological dimensions Michael receives no emotional support from his daughter, as she is ill. His son is also away from home. His wife offers emotional, moral support and is caring. He has good intellectual capacity. However, the source of his stress is his daughters condition and his lonely wife. His illness is an added burden on his wife. His wife is the source of his motivation. His other source of stress is his son who is insisting him to continue rehabilitation. Structural dimensions Since Michael and his wife both are retired teachers they are dependent on his son financially. Since, Jared is a sole income earner it adds to structural source of stress Cultural and spiritual dimensions There are no cultural source of stress found. Informed assessment Using the procedural and questioning model during interview the long term and short term concerns are identified (Milner, Myers O'Byrne, 2015). The procedural model helps to gather information to see if the client fits the criteria of services. The questioning model helps to question and answer the client with active listening to understand the nature of people. While, communicating with client a non-defensive attitude was maintained. Further, active listening, acceptance and empathetic understanding was practiced to identified immediate and long term concerns of Michael (Teater, 2014). Upon reflecting on the assessment and communication with client it appears that Michael and his wife are positive in attitude. The client seems to be in situation where he is contemplating his health issues and is ready to take action to change his behaviour. At this stage, implementing interventions is easy (DiClemente Wiprovnick, 2017). It is indicative of good self-esteem. However, it is evident from the radical casework and interview that structural factors are influencing the clients situation (Baldwin, 2016). It would be challenging for Michael to return home where his wife will not be able to give him the health care that he is best receiving at rehabilitation centre. The clinical information received from his doctors indicate his physical condition to be critical. It will be burdensome for Lucia to care for her daughter as well as her husband. He has good image as a teacher and loves travelling. However, his current assessment indicates of poor quality of relational network. Thus, the immediate source of concern is safety of physical and mental health of Michael, and decision-making in regards to his transition from rehabilitation to home and affordability of services due to financial constraints and psychological support. Therefore, there is a need of helping client and family in decision-making and discuss costs effective services and implications with them. The long-term concerns in this care are social support for Julie, financial support to clients family and improve relational network. Intervention strategies Arrange for all the care needs at home with the help of community services offered by non-governmental organization. This services will be cost effective and will help in any assistance and equipment required by Michael. The community stroke team consists of healthcare professionals such as psychologists, physiotherapists, community stroke nurses, dieticians and occupational therapists. The team will continue to care and assess the health care needs and monitor the achievement of goals agreed (Walker et al., 2013). Michael will be provided with the practical help needed in this case. It includes provision of home carers to assist in adaptations for his home after performing the community care assessment (Tourangeau et al., 2014). The assessment will be conducted before Michael leaves rehabilitation. Michael will be refereed to short-term respite care, which involves short-term stay in care home to give break to his care assistant (Borenstein McNamara, 2015). In this manner, Michael can enjoy staying at home. It will also satisfy his sons demand to continue with Michaels care at nursing home. Simultaneously, it will also help his wife in fulfilling her responsibilities towards her both daughter and husband. Moreover, respite care will help improve social connectedness of Michael as there will be other patients with similar illness. It will help improve his mental wellbeing to some extent and provide various opportunities. The family will be referred to other home services such as wheel and laundry services. They will be provided necessary equipments to assist Michael in performing activities of daily life. Stroke helpline numbers will be provided in case of any emergency to receive additional support and information. The clients family will be referred to sources that can offer them financial support. As a social worker I have managed to build some rapport with client and his family and establish trust by showing interest and warmth. Therefore, I can help the client to explore their problems and its consequences and make effective decision (Taylor, 2013). I would give them the required psychological support by motivation. I would arrange for free of cost counselling services in Goald coast to address emotional concerns. Professional values and beliefs My professional values that I would consider in this case are to ensure that Michael and his family access basic information, services and resources. Serious efforts were made to promote the equality of opportunity to the client considering his financial and social dimensions. I attempted to have wholesome engagement with the client. While advocating, warmth and honesty is maintained to build relationships. This helped Michael and his wife to gain confidence and engage in open communication. These professional values guide my every day practice. While providing information personal gains and benefits are avoided. In case of Michael I have tried sincerely to implement cost effective approaches. I ensure to prevent discrimination and oppression of client. My professional value is to empower client while focusing on the priority concerns. This value guided in addressing Michael and his sons concern. Personal values in assessment process As a social worker, I tend to put aside personal opinions and views when assessing clients situation and never merge with the professional views and beliefs. The values were maintained in case of Michael as well. I have set my personal values but it does not interfere with the treatment or services delivered. I believe in offering sensitive and nonjudgmental services. I value honesty in my personal and professional work. I personally believe in marinating authenticity of the information delivered and giving a genuine response to clients concerns. According to Hepworth et al., (2016) being genuine and authentic helps build rapport with client and trust. I have learnt this value from my profession. Social work ethics and values While performing assessment and having discussion with the client, his respect and dignity was maintained. Maintaining worth and dignity of each client is the core value of social work (Miley et al., 2016). While having interview with the clients it is kept in view that each client has unique experiences. Therefore, clients individuality is respected. Prior to helping clients and their family in decision-making, confidentiality of all the personal information shared is ensured. Precautions are taken to safeguard the information and comply with the ethical principles of social work profession (Parrott, 2014)). No presumptions were made and being judgemental was completely avoided while collecting Michaels information. It helped to understand the core of the problems and develop rationalised interventions. While developing intervention to improve social connectedness social justice was ensured. These attempts improve relational network individually and collectively (Hepworth et al., 20 16). These activities promote respect for value, integrity and competence of the social work profession. The other core values of social work is to volunteer professional skills free of charge through community organisations (Reamer, 2013). Ethical dilemmas The ethical dilemmas in this case is acceptance of services of community stroke nurse by Michael. This is in regards to personal care offered by nurse such as dressing, bathing and other. Michael may prefer particular course of action, however, the nurse may influence the client with her professional opinion. It may violate the right to determination of client. Further, as the home care assistant will be acquainted with personal life of Michael and household issues there is a risk of breach of confidentiality. Further, improper allocation of fund or resources due to change in administrative policies may give rise to stressful ethical dilemma among the administrators. After terminating contact with the Michael and his family having further contact and to what extent it is appropriate adds to ethical dilemma. It can also give rise to situation where social workers moral and internal values conflict with that of Michael or Lucia. The language used by the stroke team members and the serv ices may not met all the cultural factors or needs of the client although the goal is to provide culturally appropriate care (Miley et al., 2016). References Baldwin, M. (2016).Social work, critical reflection and the learning organization. Routledge. Borenstein, J., McNamara, P. (2015). Strengthening kinship families: scoping the provision of respite care in Australia.Child Family Social Work,20(1), 50-61. DiClemente, C. C., Wiprovnick, A. E. (2017). Action as a Stage of Change in Couple and Family Therapy. InEncyclopedia of Couple and Family Therapy(pp. 1-3). Springer International Publishing. Fillenbaum, G. G. (2013).Multidimensional functional assessment of older adults: The Duke Older Americans Resources and Services procedures. Psychology Press. Hepworth, D. H., Rooney, R. H., Rooney, G. D., Strom-Gottfried, K. (2016).Empowerment Series: Direct Social Work Practice: Theory and Skills. Nelson Education. Kadushin, A., Harkness, D. (2014).Supervision in social work. Columbia University Press. Miley, K. K., O'Melia, M. W., DuBois, B. L. (2016).Generalist social work practice: An empowering approach. Pearson. Milner, J., Myers, S., O'Byrne, P. (2015).Assessment in social work. Palgrave Macmillan. Parrott, L. (2014).Values and ethics in social work practice. Learning Matters. Reamer, F. G. (2013).Social work values and ethics. Columbia University Press. Taylor, B. (2013).Professional decision making and risk in social work. Learning Matters. Teater, B. (2014).An introduction to applying social work theories and methods. McGraw-Hill Education (UK). Tourangeau, A., Patterson, E., Rowe, A., Saari, M., Thomson, H., MacDonald, G., ... Squires, M. (2014). Factors influencing home care nurse intention to remain employed.Journal of nursing management,22(8), 1015-1026. Walker, M. F., Sunnerhagen, K. S., Fisher, R. J. (2013). Evidence-based community stroke rehabilitation.Stroke,44(1), 293-297

The movie free essay sample

Jackie Robinsons team executive from the Brooklyn Dodgers, Branch Rickety, put himself and Jackie Robinson to the forefront of history. When Rickety signed Robinson he made a major decision, and broke the Major Baseball Leagues color barrier. Not only did Branch Rickety put himself and Jackie Robinson in danger, but also other baseball players. Everyone was facing bashing racism from all sides. The film 42 shows how Jackie Robinson had to demonstrate tremendous amounts of courage and restraint. If Robinson would have reacted in any. Ay towards all of the racism he could of destroyed Rickets and his own dreams.The story presented in 42 mostly focuses on Robinsons season with the Brooklyn Dodgers in 1 947 and somewhat on his season with the Montreal Royals in 1946. His first season in 1 946 with the Montreal Royals is where he battled a lot of racism from his audience. One scene from 42 stood out the most and was actually a hard scene to watch. We will write a custom essay sample on The movie or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Ben Chapmen, the manager for the Philadelphia Phillips at the time, repeatedly called Jackie Robinson a Niger loudly while he was up to bat. Of course Robinson had to remain calm, but it was so difficult.He then went back into the dugout and ended up smashing his bat into the walls and ground venting his anger. After Branch Rickety came to calm him down and explain that no one said what Jackie was doing was going to be easy, Jackie Robinson got up to bat once again. Robinson then proves Chapmen wrong and he ends up hitting a single, then stealing second base and continuing to third base on an error, and then finally scoring the winning run. Ben Chapmen was left speechless. Later on, Ben Chapmen came to realize that what he did was very unacceptable, even under the circumstances.Although all the insiders knew Chapmen still believes what he did is okay, Chapmen decided to get a picture taken with Jackie Robinson shaking his hand to show the public and press that he was sorry and that everything between him and Robinson was okay. The press believed it and so did the public, so it actually worked. Besides the incident with Ben Chapmen, Jackie Robinson and Branch Rickety were still facing major racism comments and letters from the public. The public was not happy with the thought of an African American playing Americas favorite sport.The letters and comments were mostly horrible threats that Rickety and Robinson had to ignore because even the police would not do anything about it. Most of the policemen even agreed to what was being said! The beginning of Jackie Robinsons career was tough, but Rickety believed in him, and his family. Not only was Jackie Robinson making baseball history, he was also starting to win over fans and teammates with his astounding skill and calm nature. Robinsons wife, Rachel, was always on the did lines cheering him on from day one, even before the ML was even brought up to him!She was his number one fan throughout his whole life and career. They were inseparable, and eventually went on to have a baby boy and named him Jackie Robinson Jar. , who then became Robinsons second biggest fan. Number 42 let his talent silence his critics as the seasons went on. People began to cheer for him instead of booing him and calling him mean names. Of course there were still many people who opposed the idea of having a black man in Americas favorite sport, but eventually those people ad to get over themselves because time was changing, and it was not going back to the way it was before.