...were discoveredupon review of the initial Service Level Agreement (SLA) draft. A great deal of problems arose with the key clauses lacking proper definition. Other areas that need review with the SLA include adding cyber law compliance and a need for the proper documentation preparation. The recommended changes that need to be made to the initial SLA are written below in a per-clause basis. Initial SLA Clause 4, Statement of Intent The original statement of intent makes claims about leading research and knowledgeable consulting firms without listing any references. These claims need an identifiable source to be included in the finalized statement of intent. The claims suggest that utilizing the smaller firm’s specialized products is the best approach to improve Finman’s business. Basing the entire SLA upon these statements is incredibly risky if these statements cannot be sourced and assessed as factual. Finman’s corporate resources may be placed under threat of lose or destruction if these sources are not verified and the entire notion of working with Datanal and Minertek should not move forward until this happens. Finman states, in the initial SLA, that service level management (SLM) “…offers the most promising strategy for the firm…” without detailing the methodology or listing reference material. This methodology of SLM may be part of the metric clause (7). This statement needs inclusion in the final documentation if that is the case. If service level management will not...
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...a corporate governance system ensures that Riordan Manufacturing policies, procedures, and government laws are followed. An effective enterprise liability starts with Riordan Manufacturing take responsibility for wrong doings that happen within Riordan Manufacturing. In order to prevent any wrong doings Riordan Manufacturing must ensure all company workplace and safety policies are followed. Implementing an effective enterprise liability plan will ensure that all employees who have incidents that accrue under the effective enterprise liability plan will be fully compensated. Implementing this plan will help educate Riordan Manufacturing employees and decrease the accidents in the Riordan Manufacturing workplace. A Risk Assessment clause must...
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...the company produces include but not limited to plastic bottles and containers, fans, medical stents and fans. With the corporate headquarters located in San Jose, CA, the company has several production facilities in Georgia, Michigan, and also a joint partnership within China. Today, we will present to the Officers and Directors of Riordan a Comprehensive Corporate Compliance plan to help assist Riordan continual mission and growth to which will be determined on how well the company can handle and manage compliance issues. We will cover how to manage the legal liability of officers and directors of the company, how to properly address situations when the law is violated, enterprise liability, protecting the company’s real and intellectual property, governance, and international laws that the company must follow. Management Responsibilities and Guidelines Riordan very own Employee Handbook states the internal environment at Riordan as branded by the highest ethical standards, integrity and customer trust, all which helps establish goals that support Riordan’s corporate mission. The Employee Handbook provides the four main goals for the company: Company growth through Research and Development as an Industry Leader, Sustaining Customer Relations, Internal Employee Satisfaction and...
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...CGP Life in the UK Study and Practice CD-ROM Licence terms and conditions Coordination Group Publications Ltd (“we”) own the copyright trade mark, trade names, patents and other intellectual property rights subsisting in or used in connection with The CGP Life in the UK Study and Practice CD-ROM (“the Product”) including all documentation and manuals and all other copies which you are authorised to make by this Agreement. It is unlawful to use the Product without our licence. We are willing to license the Product to you only on the condition that you have purchased the Product, and you accept all the terms and conditions contained in this Licence Agreement. By using this Product you agree to be bound by the terms of this Agreement and accept that it is provided for your use only. 1. Licence i. In consideration of your agreement to the terms of this Agreement, we grant you a non-exclusive, perpetual licence to use the Product in accordance with clause 2 below. ii. This licence is not transferable and save as contemplated by this Agreement you shall not permit or enable any third party to use the Product on behalf of or for the benefit of any third party in any way whatever. 2. Permitted use and restrictions i. You may use the Product on any computer which is under your control. ii. You may not install or use the Product on the internet, an internal website (intranet) or any form of Virtual Learning Environment (VLE). iii. The Product may...
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...Legal Concepts Worksheet Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading The Law of Property – Intellectual property law Property is one’s legal right to exclude others from various resources due to the ownership of those resources. With the rise of e-commerce and the increase of music sales or downloads online, the law of property can be applied. Music producers consider their music their property and protect them from public use and public download. The law of property “establishes private exclusive rights in resources. It is through the law of property that individuals and business organizations can possess, use, and transfer their private resources” (Reed et al, 2005). “Intellectual property laws arose out of the common law, but they also reflect constitutional and statutory adoption. Article I, Section 8, of the Constitution grants the power to Congress “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”” (Reed et al, 2005). Legal regulation as a source of value for business ethics When downloading music online, there is a thin line between what is ethical and what is legal. Transferring of music downloaded from a website, even if paid for, can be unethical. At the same time, it can be considered illegal practice. For example, if I download a song from the internet and pay five dollars for...
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...Intellectual property law Name: Instructor: Task: Date: INTRODUCTION The foremost objective of this law is to protect the rights of people who come up with original works. These original works run across a very broad spectrum and range from; books like novels, innovative ideas and company logos among others. This law is one of the single most important laws that regulate business environment. This is because it encourages individuals to come up with new technologies and innovations that promote growth to the economy. When an innovative person is assured that their work will be accorded protection enabling them to benefit from it, they will thus be encouraged to continually engage in the production and creation of creative innovations. These creations may subsequently result in job creation, emergence of new technologies, new procedures in the business world that can improve efficiency and finally new ideas that can aesthetically make our surrounding more appealing. There exist three main and most important ways through which intellectual property laws are enforced; these include through patents, trademarks and copyrights. Copyrights protect ideas; they give the owner of the idea fundamental right over the idea. So only the owner can benefit financially from the idea. Patents, on the other hand, deal with the protection of inventions. Trademarks deals with the protection of company logos, this enable all competitors in a given industry to have a unique way of identifying...
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...FIRSTENERGY SERVICE COMPANY – GENERAL TERMS AND CONDITIONS FOR PURCHASE OF HARDWARE, INFORMATION TECHNOLOGY SERVICES AND SOFTWARE ARTICLE I – DEFINITIONS The following capitalized terms, when used in the Agreement (defined below), shall have the meanings given below unless in any particular instance the context clearly indicates otherwise: A. “Agreement”. The terms and conditions set forth in this document, together with the Statement of Work, Purchase Order and all attachments, exhibits, revisions, and supplements thereof, shall constitute the complete and entire agreement between Purchaser and Supplier (the “Agreement”). B. "Purchaser" means FirstEnergy Service Company, its succesors and assigns, for itself and/or as an authorized agent of the affiliate company or companies and their respective successors and assigns, set forth on the face of the Agreement for which the software, hardware or information technology services are procured hereunder. If more than one company is identified as the Purchaser, the liability of each company named shall be several and not joint and shall be limited to such company's interest in the Agreement. C. “Purchaser’s Site” includes generating stations, steam plants, substations, transmission and distribution lines, towers, poles, buildings, or other locations owned or leased by Purchaser, for which the Work is intended to benefit, to which the Work is to be delivered or where the Work is to be performed. D. “Specifications” means the portion of...
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...Part 1 – Fact Situation: Identification of Issues 1. a. Did QPI violate Section 10(b) of the Securities Exchange Act of 1934 by engaging in transactions with DOA to boost their financial reports? Was Nouv’s behavior unethical when he tried to bribe Betty into completing the draft and deal in a way that made the transactions look legitimate? b. Is the cooperation between QPI and DOA on pricing (price fixing) and segmenting product sales to customers (market division/Refusal to deal) a horizontal agreement in violation of Antitrust laws? If so, were their actions a per se violation of Section 1 of the Sherman Act? c. Did Nouv’s behavior lack integrity? If so, was his veiled threat and coercion of Betty to remain silent unethical? d. --- Individuals listed below: i. Would the firing of Billy Aged based on his age be disparate treatment and illegal discrimination in violation of the Age Discrimination in Employment Act of 1967? ii. Is firing Cindy Octane due to her future change in marital status be a disparate treatment violation of Title VII of the Civil Rights Act of 1964? iii. Is Tommy Grey 40 years of age or older, and if so, would his firing due to seniority be in violation of the Age Discrimination in Employment Act of 1967? iv. Would firing Belinda Black be an act of disparate treatment and discrimination based on her color in violation of Title VII of the Civil Rights Act of 1964? e. Was Nouv’s unwelcomed sexual advance, innuendo and quid pro quo offer...
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...Discussion Questions Review “Feminist interpretations of intellectual property” in Chapter 9. Please respond to the following: •Explain why, according to Halbert, quilting and knitting are traditionally outside the realm of copyright protection. There have been changes in the world of knitting. The long history of sharing patterns among knitters was done in easy to share formats with minimal concerns for copyright issues. But today a dominance of ownership has been privatized to maximize in profits. Both quality and knitting were primary ways of creating and have existed outside copyright law perhaps because the romantic author and the desire for profit were not central to the process of creation. The knitting patterns were sold to make money and not to further the culture of knitting. •Discuss how and why this is changing. The change in the traditional way of quilting and knitting versus the copyright protection is the dominance of ownership. Everything now is being privatized while maximizing on the profits. A personal signature, individualizing the patterns, allows a financial gain for anyone wanting to ‘copy’ a pattern. •Explain why crafts like these do not fit inside the copyright paradigm. These crafts were known for completion amongst women enjoying the company of each other. The crafts don’t fit into copyright paradigm because it attempts to solidify connections between people and not divide people by property boundaries. •Discuss what values underlie authorship in...
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...TOPIC: NEGOTIATING AND DRAFTING ENTERTAINMENT CONTRACTS AND THE EFFECTS OF PIRACY OCCASION: 26th Workshop, organised by LawQuest Ltd. PRESENTER: Francis Oseloka Nzekwu Esq. (Head of Legal Unit, National Film and Video Censors Board) VENUE: Alhaji Shehu Musa Yar’ Adua Center, Abuja, Nigeria DATE: 19th – 20th September, 2007 INTRODUCTION Entertainment law is primarily made up of contract law and intellectual property law, the industry covers mostly fields that offer entertainment as a primary product. Fields such as film, music, fine arts, dance, literary publishing, Broadcasting, sports etc. They all share a common interest of profiting from creative works or services provided by artists. Much of work of entertainment law practice is transaction based. Litigations often occur as a result of common and recurring mistakes that are made during negotiations and drafting. In the entertainment industry hundreds of legal relationships are created every day and having a sound knowledge of common issues in the industry is critical in negotiating a deal and drafting a good contract. CONTRACTS IN THE ENTERTAINMENT INDUSTRY Personal Service Agreement (PSA) Promoting a product or a service involves investing a lot of time and money, with the expectation of return on investment. The possibility that the product or service will not achieve the expected success or any success at all introduces a risk factor. A great majority of artists do not have the...
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...activities is piracy, which has been a plague for most production organizations and individuals as it prevents them from reaping the full benefit of their work. For the giant corporations, the impact might be minimal but for small and medium businesses with less financial power, this could be quite detrimental as it can cut away a great portion of their expected income. In this paper, I will discuss how the global system can be an enabler for illegal activities whether it is cyber-terrorism or piracy of intellectual properties. The focus will be placed on piracy and how it can affects the small and medium enterprises and the legal measures that are being implemented on an international level as well as on the U.S national level to deter it. Works Cited: • Andrés, A. R., & Asongu, S. A. (2013). Fighting Software Piracy: Which GovernanceTools Matter in Africa?. Discusses how the role of government in reinforcing laws protecting intellectual property right and how a key factor such as corruption can affect the government attempts at controlling piracy especially in developing countries. • McManis, C. R. & Pelletier, J. S. (2012). Two Tales of a Treaty Revisited: The Proposed Anti-Counterfeiting...
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...the company produces include but not limited to plastic bottles and containers, fans, medical stents and fans. With the corporate headquarters located in San Jose, CA, the company has several production facilities in Georgia, Michigan, and also a joint partnership within China. Today, we will present to the Officers and Directors of Riordan a Comprehensive Corporate Compliance plan to help assist Riordan continual mission and growth to which will be determined on how well the company can handle and manage compliance issues. We will cover how to manage the legal liability of officers and directors of the company, how to properly address situations when the law is violated, enterprise liability, protecting the company’s real and intellectual property, governance, and international laws that the company must follow. Management Responsibilities and Guidelines Riordan very own Employee Handbook states the internal environment at Riordan as branded by the highest ethical standards, integrity and customer trust, all which helps establish goals that support Riordan’s corporate mission. The Employee Handbook provides the four main goals for the company: Company growth through Research and Development as an Industry Leader, Sustaining Customer Relations, Internal Employee Satisfaction and...
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...information and social network she gained from the company. So the first barrier she need to tackle is to prove this new business is not in competition with ATS at all. Also she cannot speak with any current customers of ATS. These limitations will probably strangle the venture in embryo. Also, Mason had recently played golf with a colleague, who told her that if she ever left the company or came upon an idea. he wanted to be involved. Yet, because she signed an employment agreement with a non-solicitation clause, she was very skeptical. Another possible sticky situation is that ATS claims ownership of the data in her office computer, which contain many resources and information useful for her and accounts about her new venture. First aid for this situation is to remove all the incriminating data and information about the venture as soon as possible. Beyond that she can hire a legal consultant and lawyer to negotiate with ATM. Shepherd's problem is more about intellectual property law. In his agreement with NOVA, he is mandated to inform the company of all his invention. However, this doesn't mean he is not allowed to own his invention. Therefore I suggest he patent the translation engine as soon as possible before Nova does. Even though patent process may take some years, the invention is protected, probably even better protected, in pending status. As long as he owns the invention...
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...| 2012 | | Core 8 [FOreign Policy in latin America](Paper taken to writing clinic: hannah) | | Every country’s foreign policy consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations. Its goal is to interact with other countries and non-state actors. Foreign policies are designed by the government through high-level decision making processes. The US has been involved in foreign affairs with Latin America for some time now. How are the US and Latin America with Foreign Affairs? Are Latin Americans’ Intellectual Properties being robbed? Are Latin American countries being restored and growing? There are many other questions to ask regarding the foreign policy issues concerning Latin America. One huge problem with Foreign Affairs/Policies is the Drug Trafficking from Latin America into the United States. Cuba is not necessarily a drug producing country but it is a transit one. In 1998 nearly 7.2 metric tons of cocaine were seized in Colombia on its way to Cuba. Also, there was a 50% increase in drug over flight, which includes people carrying drugs as mules on planes and the dropping of drugs into American water from Cuban planes heading to the States (House Government Reform Committee) Castro had once said that he did not want the United States interfering with Cuban drug relations. Most American government officials believed him to be the main cause of drug transportation...
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...company (“Pharma”) and third-party private investor (“PEI”). The issue is to decide on how to account for funding of the R&D and royalty payments, and identify authoritative literature applicable to the agreement. Case states the following facts about agreement: • Pharma will receive up to $500 million from PEI for R&D cost for new drug X • A non-refundable funding to be used solely for drug X development costs • PEI will provide incremental funding as long as Pharma is demonstrating progress, however Pharma is not obligated to successfully complete development, “best effort”arrangement • Pharma estimated completion of project will take 3 years (from agreement date), and will cost estimated $1 billion • Pharma retains all intellectual property rights to drug X • PEI is entitled to receive future royalties on drug X revenues • PEI is entitled to receive future royalties associated with an existing commercialized drug Facts presented in the case call for Accounting Standards Codification (ASC) section 730-20 to be applicable. This accounting standard provides clarification and guidance to entities that entered into R&D arrangements, and advises on proper recognition. To define how transactions in Pharma and PEI agreement should be recorded, we should take a close look at ASC 730-20-25 -02, a recognition section that reads that “an entity shall determine the nature of the obligation it incurs when it enters into an arrangement with other parties who fund its research and...
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