...I. Statement of Purpose The Copyright Act of 1976 amended the Copyright Act of 1909 and serves as the primary basis of copyright law in the United States[1]. The Act spells out the basic rights of copyright holders, codifies the previously patchwork doctrine of fair use and adopted a unitary term of copyright exclusivity based on the date of the author’s death instead of using a fixed number of years and renewal terms as was previously spelled out in the 1909 Act. The 1909 Act was the last major piece of copyright legislation, and Congress recognized that technology had changed to the point where several pieces of the Act were no longer fit to serve as the basis for interpretation. The 1976 Act was designed to address intellectual property issues raised by new innovations in technology that were previously unforeseen. The Act addresses to the legal practitioners and non-lawyers what kinds of rights they have based on the medium in which they have chosen to communicate an idea as what as what constitutes a copyrightable idea. The sine qua non of copyright is originality, however, the Copyright Act sets the standard for creativity extremely low. Rather than the completely novel ideas protected by the patent laws, copyright laws dictate that an idea only needs a minimal degree of creativity to be protected. The Copyright Act is seen as a compromise between the rights of the publishers and the rights of the authors. The extension protects the rights of the authors with respect...
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...Malayan Law Journal Reports/1986/Volume 1/PUBLIC PROSECUTOR v PARAM CUMARASWAMY - [1986] 1 MLJ 512 - 3 January 1986 6 pages [1986] 1 MLJ 512 PUBLIC PROSECUTOR v PARAM CUMARASWAMY OCJ KUALA LUMPUR CHAN J FEDERAL TERRITORY CRIMINAL TRIAL NO 39 OF 1985 3 January 1986 Criminal Law and Procedure -- Charge of sedition -- Close of prosecution case -- Whether prima facie case made out -- Sedition Act, 1948, ss. 3(1) & 4(1) -- Criminal Procedure Code (F.M.S. Cap. 6), s. 180 -- Federal Constitution, art. 10 1986 1 MLJ 512 at 513 In this case the respondent was charged with uttering seditious words, an offence under the Sedition Act, 1948. At the close of the prosecution case, counsel submitted that there was no case to answer. Held: (1) all that is required at the close of the prosecution case is for the prosecution to discharge their evidential burden by adducing sufficient evidence to raise a prima facie case against the accused. At that stage, a trial judge should not consider whether or not a case has been proved beyond a reasonable doubt against the accused. If no evidence is called for the defence, then, and then only, the tribunal of fact must decide whether the prosecution has succeeded in discharging the persuasive burden by proving its case beyond a reasonable doubt; (2) in this case the prosecution has discharged their evidential burden by adducing evidence of primary facts. The accused must therefore be called to enter on his defence. ...
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...Industrial Technologies Program Steam Digest A compendium of articles from 2003 on the technical and financial benefits of steam efficiency, presented by stakeholders in the U.S. Department of Energy’s BestPractices Steam efforts Volume IV Compiled for the Industrial Technologies Program By the Alliance to Save Energy Acknowledgements The Steam Digest: Volume IV is the fourth annual compilation of articles dedicated to steam system efficiency. The U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy sponsors the BestPractices Steam program, which either directly or indirectly facilitated the creation of all the articles contained in this volume. BestPractices Steam, which is part of the wider BestPractices program under DOE’s Industrial Technologies Program, works with industry to identify plant-wide opportunities for energy savings and process efficiency. The BestPractices Steam Steering Committee provides a great deal of input and guidance into the program (see more information about the Committee on pages 1 and 2). Mr. Fred Fendt, Technical Fellow with Rohm & Haas, serves as Chair of the BestPractices Steam Steering Committee. Ms. Debbie Bloom, Senior Consultant for Nalco Company, continues as Vice-Chair. Mr. Doug Riley, Director of Global Energy of Millennium Chemicals, serves as the Executive At-Large. These individuals participate on the BestPractices Steam Steering Committee: Bob Bessette President, Council of Industrial...
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...Computing Taxable Income 1. Tax Payable You will find this rule in …| Tax is payable on a person’s taxable income|Australia’s Tax Law decrees that every year ending 30 June, most people in Australia (and this includes companies) have to pay tax on an amount which the Tax Law calls the person’s “taxable income.” This amount – the person’s “taxable income” for that year – is the end result of a much longer series of steps which the Tax Law prescribes in detail.|s. 4-1| ||| Tax payable = taxable income x. tax rate|Once the amount of taxable income has been calculated, the Tax Law then applies a scale of Tax Rates to this amount in order to work out exactly how much tax the person has to pay for this year.|s. 4-10(3)| ||| Taxable income is assessable income minus allowable deductions|Our concern is not with the tax rates nor the amount of tax payable, but rather with the steps that lead up to finding the amount of taxable income earned during the year.Taxable income is defined in the Tax Law to be the difference between a person’s assessable income and deductions (reduced by losses made in prior years). So it is a two-step process – looking first at what amounts fall into assessable income, and then looking at what amounts are deductions.These are the two critical concepts that we want to examine:1. Which receipts and other amounts form part of a person’s assessable income?2. Which payments and other amounts are allowed as deductions?If we know the answers to these...
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...labels, called “Ecolabels”, were introduced to the world. However, after 90s, the number of these labels has rapidly increased. There are two premises of these sustainable standards. First, they began to appear in the places where legislation was not so powerful, and these places demanded some action. Especially, NGO movements around the world needed these actions that were also supported by the consumer. The most interesting factories like Nike, Levi Strauss and other famous brands helped to create the welfare standards. Second, in order to show the truth about both environmental and organic values of products, which helped to increase the number of labels tremendously. We can show FLO International as an example that gained huge success and sales in the world because of their product. Other example is Forest Stewardship Council’s Standards (FSC) used for many products made from trees. However, there are some problems between consumers and B2B standards that lead many buyers to buy only something with a certain label: for example to buy books with only FSC mark. In order to solve the problems like these, the State of Sustainability Initiatives was created, which is funded by the UNCTAD and the IISD. There has been a rapid development in the number of people who want to buy products with labels over the past years. The improving role of sustainability standards in commerce is not the only part of their role; they can also affect to public policy....
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...Supreme Court of the United States David Leon RILEY, Petitioner v. CALIFORNIA. United States, Petitioner v. Brima Wurie. Nos. 13–132, 13–212. Argued April 29, 2014. Decided June 25, 2014. Background: In two cases consolidated for appeal, first defendant was convicted by a jury in the Superior Court, San Diego County, Laura W. Halgren, J., of various crimes related to drive-by shooting, and he appealed based on his challenge to evidence found during police officers' warrantless search of data stored on his cell phone. The California Court of Appeal, 2013 WL 475242,[->0] affirmed. Second defendant was charged with drug- and weapon-related crimes, and the United States District Court for the District of Massachusetts, Stearns, J., 612 F.Supp.2d 104,[->1] denied his motion to suppress evidence found during warrantless search of data stored on his cell phone, and defendant appealed. The United States Court of Appeals for the First Circuit, Stahl, Circuit Judge, 728 F.3d 1,[->2] reversed. Certiorari was granted. Holdings: The Supreme Court, Chief Justice Roberts[->3], held that: (1) interest in protecting officers' safety did not justify dispensing with warrant requirement for searches of cell phone data, and (2) interest in preventing destruction of evidence did not justify dispensing with warrant requirement for searches of cell phone data. Judgment of California Court of Appeal reversed and remanded, and judgment of First Circuit affirmed. Justice Alito...
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...The Reader’s Digest condensed version of The Road to Serfdom The Road to Serfdom FRIEDRICH A. HAYEK The condensed version of The Road to Serfdom by F. A. Hayek as it appeared in the April 1945 edition of Reader’s Digest The Institute of Economic Affairs First published in Great Britain in 1999 in the ‘Rediscovered Riches’ series by The Institute of Economic Affairs 2 Lord North Street Westminster London sw1p 3lb Reissued in the ‘Occasional Paper’ series in 2001 This condensed version of The Road to Serfdom © Reader’s Digest, reproduced by kind permission The Road to Serfdom is published in all territories outside the USA by Routledge. This version is published by kind permission. All other material copyright © The Institute of Economic Affairs 1999, 2001 Every effort has been made to contact the copyright holders associated with this edition. In some cases this has not been possible. The IEA will be pleased to include any corrections in the next edition. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. A CIP catalogue record for this book is available from the British Library. isbn 0 255 36530 6 Many IEA publications are translated into...
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...Abstract The purpose of the whole scenario is to find a new replace my job as I have been marketed to the handling stage. In this case the whole stress will be on the scenario that the appropriate job information needs to be recognized, followed by resting down the strategy for the meeting and then performing the whole procedure. Document will also look into inducting the new skills in the company and will also try to come out with the training strategy. The same is also very essential in viewpoint of the fact that we want the appropriate assessment program for the inducted applicant. Introduction The purpose of the paper is to details out the procedure for the recruiting which would be carried out by the company. I have been marketed and hence we will seek the services of for open position at my end. Recruitment will be for handling stage roles hence the predicted applicants for the same will be experienced and expert. (Samovar,2010) Thesis Statement This paper will look into recruiting of new skills in position of marketed skills which is me, and then induct the same. The inducted skills would then be qualified and analyzed. Job description The job information that I am looking at is that of educating fellow: Professional marketing communications. We will be looking the charitable company and the job requirements of the same. Then we will see the statistic program in the same followed by the job assessment technique implemented. In the first example will talk about...
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...CASE: ‘’BEECH –NUT’S BOGUS APPLE JUICE’’ TOPIC: UTILITARIANISM When Lars Hoyvald joined Beech-Nut in 1981, the company was in financial trouble. In the competitive baby food industry, the company was a distant second behind Gerber, with 15 percent of the market. After faltering under a succession of owners, Beech-Nut was bought in 1979 by Nestle, the Swiss food giant, which hoped to restore the luster of the brand name. Although he was new to Beech-Nut, Hoyvald had wide experience in food industry, and his aim, as stated on his resume, was “aggressively marketing top quality products.” In June 1982, Hoyvald was faced with strong evidence that Beech-Nut apple juice for babies was made from concentrate that included no apples. Since 1977, the company had been purchasing low-cost apple concentrate from a Bronx based supplier, Universal Juice Company. The price alone should have raised questions, and John Lavery, the vice president in charge of operations, brushed aside tests that showed the presence of corn syrup. Two employees who investigated Universal's “blending facility” found merely a warehouse. Their report was also dismissed by Lavery. A turning point occurred when a private investigator working for the Processed Apple Institute discovered that the Universal plant was producing only sugared water. After following a truck to the Beech-Nut facility, the investigator informed Lavery and other executives of his...
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...security is concerned with the confidentiality, integrity and availability of data regardless of the form the data may take: electronic, print, or other forms. Governments, military, financial institutions, hospitals, and private businesses amass a great deal of confidential information about their employees, customers, products, research, and financial status. Most of this information is now collected, processed and stored on electronic computers and transmitted across networks to other computers. Should confidential information about a businesses customers or finances or new product line fall into the hands of a competitor, such a breach of security could lead to lost business, law suits or even bankruptcy of the business. Protecting confidential information is a business requirement, and in many cases also an ethical and legal requirement. For the individual, information security has a significant effect on Privacy, which is viewed very differently in different cultures. The field of information security has grown and evolved significantly in recent years. As a career choice there are many ways of gaining entry into the field. It offers many areas for specialization including Information Systems Auditing, Business Continuity Planning and Digital Forensics...
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...© Brian Tracy. All rights reserved. The contents, or parts thereof, may not be reproduced in any form for any purpose without the written permission of Brian Tracy. The Impact of Action The world seems to belong to those who reach out and grab it with both hands. It belongs to those who do something rather than just wish and hope and plan and pray, and intend to do something someday, when everything is just right. Successful people are not necessarily those who make the right decisions all the time. No one can do that, no matter how smart he is. But once successful people have made a decision, they begin moving toward their objectives stepby-step, and they begin to get feedback or signals to tell them where they’re off course and when course corrections are necessary. As they take action and move toward their goals, they continually get new information that enables them to adjust their plans in large and small ways. It’s important to understand that life is a series of approximations and course adjustments. Let me explain. When an airplane leaves Chicago for Los Angeles, it is off course 99 percent of the time. This is normal and natural and to be expected. The pilot makes continual course corrections, a little to the north, a little to the south. The pilot continually adjusts altitude and throttle. And sure enough, several hours later, the plane touches down at exactly the time predicted when it first became airborne upon leaving Chicago. The entire journey has been a process...
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...------------------------------------------------- Development of laws and customs Assignment – History [Date] Arjun pk Roll No. 931 [Date] Arjun pk Roll No. 931 DEVELOPMENT OF LAWS AND CUSTOMS Assignment – History Submitted By Arjun PK Roll No. 931 Second Semester National University of Advanced Legal Sudies(NUALS) Kochi - Kerla Index Introduction (3) Theories Regarding the origin of Law (5) Legal Systems of the World (8) Custom (20) International Law (22) Annexure (28) Bibliography (33) Acknowledgment (34) Introduction There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force. Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality...
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...countries” (Corporate Walmart2, 2014, p.3). Walmart Stores topped Fortune Magazine’s “Fortune 500” list for 2014. “For fiscal year 2014, Walmart’s net sales totaled $473.1 billion, up 1.6% from the year-earlier period” (Fortune, 2014, p.1). Walmart is a publically traded company, with the second and third generation Walton family owning 51% of Walmart’s shares via a family holding company called Walton Enterprises LLC (Yahoo Finance, 2014, p.1). Walmart has enjoyed unprecedented growth in the span of 52 years, even in the face of negative publicity and threats from competitors like Family Dollar and Amazon. Walmart’s CEO, Doug McMillon, has laid out strategies to reduce their reliance on physical stores as they move towards expanding the e-commerce aspect of their company and on improving their overseas expansion plans. His four-part growth strategy provides the framework to enable a “company prepared to win on four key customer dimensions – price, assortment, experience and access” (Walmart1, 2014, p. 1). Walmart Stores, Inc. I. Current Situation Walmart is the world's largest retailer. They operate chains of large discount department stores and warehouse stores.” (Walmart, 2014, p.1). Walmart had 2nd quarter 2015 revenues of $119.3 billion (Bloomberg, 2014, p.1). Walmart’s 2014 “consolidated net sales reached $473.1...
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...Case Study about Sun Life Financial Services Manalaysay, Levi Jhanine P. MG11A Prof. Rosalinda Lacerona Title of the case: Sun Life Financial Services Time Context: Summary/ Abstract Sun Life Insurance is an international insurance company, providing individual and corporate life insurance, group retirement services and benefit management services. The Canadian operations have offices located throughout Canada, with the head office in Toronto. The Group Claims division provides drug and dental claim management and claim adjudication to companies in Canada through its 4 main centres in Toronto, Ottawa, Edmonton and Montreal. Clients include the Federal Government, City of Toronto, Royal Bank of Canada and Magna International. Sun Life Canada alone had a customer base of 7 million. It had its stock listed on the stock exchanges of Toronto, New York, London and Manila. Sun Life’s presence in Hong Kong has been growing stronger and stronger over the past 100 years. Clear and sound policy formulation requires any company to have well defined business objectives, vision and mission. Sun Life Hong Kong aims to be one of the top five players in the Hong Kong market for both wealth management and insurance. In the present time, Sun Life manages assets in excess of $425 billion and has an employee base of more than 14,700 and few thousands of independent agents worldwide. By 2001, with revenues of C$ 16.7 billion, Sun Life Financial Services (Sun Life) had emerged...
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...brand selection being based on the package. The fourth situation is the pure impulse purchase. In this case shoppers had not considered buying the product until the package attracts their attention and they are enticed to purchase the product. In addition to drawing the attention of the shopper, the package itself may have attributes that significantly increase the attractiveness of buying a given brand. These are attributes that make the product easier to transport, store, and use, such as multiunit packaging; package dimensions that fit in the refrigerator door or on standard height shelves; and packaging which is easy to open, resealable, reusable, microwaveable and/or pourable. Some consumers also have a strong preference for environmentally friendly packaging that is recyclable or biodegradable. Any of these features may persuade a shopper to purchase a given brand of a product and should be considered when designing product packaging. SEE ALSO PARTNERSHIPS The Uniform Partnership Act (UPA) defines a partnership as “an association of two or more persons who operate as coowners a business for profit.” The creation, organization, and dissolution of partnerships are governed by state law. Many states have adopted the UPA. Partnerships that are created under the UPA are referred to as general partnerships. Business partners are fiduciaries to each other under the UPA. The law recognizes the partnership to be all of the partners acting together and does not recognize it as a...
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