Friday, October 11, 2019
Digital Millennium Copyright Act
I would consider the sharing and downloading of songs from the Internet to be wrong when a purchase isn’t made to obtain the download. When ecommerce is circumvented and a song is downloaded from the Internet the effects are felt beyond the large music record companies. The fans of that artist, the employees that manufacture the digital media, even you as the person downloading the content will have consequences. If the demand for a product is high the price for such product does not have to be high. Thus, if I along with many others download my favorite artist’s song the consequences ripple far past the wealthy record companies.The fans willing to pay will have a higher cost because demand is not reflected accurately. The companies that develop products to create this digital media will have fewer jobs to offer/may require terminating employees. I will feel the effects because my favorite artiest may not put out music due the demand not being accurate. This is a very i nteresting topic to discuss because here there are laws that protect copyrighted material, as well as technology that solely are used to uphold these laws. In fact, it seems that the technology are the laws regarding digital media and when avoided they are broken. Once constrains on behavior are built into the technical standards governing a technology, the technical standards effectively become a new method for governing used of the technology- in essence, the technical standards become a type of law. †(Textbook) Lending a CD to a friend is ok. There isn’t infringement to copyrights, and the rights management system is not undermined when doing so. For instance manufactures decide the rules of with the digital media can be used. â€Å"In the Case of rights management systems, copyright owners determine the rules that are embedded into the technological controls.By implementing technical constraints on access to and use of digital information, a copyright owner can eff ectively supersede the rules of the intellectual property law. †(Textbook) When allowing a friend to borrow a CD the RMS is not damaged in the process. Letting a friend download, copy to an external drive, or rip to CD music is definitely wrong. It infringes on various copyright statues, as well as undermines any rights management systems that are used with my digital media. To bypass the RMS of digital media would violate the Digital Millennium Copyright Act and is without a doubt wrong. No person shall circumvent a technological measure that effectively controls access to a work protected under this title. †(Textbook) To work around the RMS of a CD and rip songs to a library and then make a copy of these songs to a blank CD violates the DMCA. Using other technology to obtain this media is also wrong. In the case Real Networks, Inc. v. Streambox, Inc. we see that to use software to copy media is another instance of DMCA violation. In this case Real Networks offered a wa y to stream music for sampling, but if a user wanted to own the copy they must purchase the song.RealServers hosted this music and would only play content on RealPlayers. This relationship between player and server was authenticated by means of â€Å"secret handshake†. Users who have met content owners preference to download media (i. e. purchased the music) could do so by a â€Å"copy switch†authentication method. Streambox VCR allow users to bypass the copy switch mechanism, which allow users to download media without the consent or preference of the copyright holder. We see with this case that if we use software to circumvent the ecommerce process we have violated the DMCA. The DMCA prohibits the manufacture, import, offer to the public, or trafficking in any technology, product, service, device, component, or part thereof that: (3) is marketed for use in circumventing such technological protection measures. †(Textbook) Allowing this friend to download from a site is wrong as well. It violates the same DMCA standards forbidding working around RMS. Peer to peer sharing we have seen in the case A & M Records Inc, v. Napster, Inc. violates the DMCA if the holder does not grant permission to the content.To enable the act of infringing even though you yourself are not infringing does not remove liability. â€Å"Napster may be vicariously liable when it fails to affirmatively use its ability to patrol its system and preclude access to potentially infringing files listed in its search index. Napster has both the ability to use its search function to identify infringing musical recordings and the right to bar participation of users who engage in the transmission of infringing files. †(Textbook) I think that the digital copyright laws of today are reasonable.They protect the copyright holders, but there are still â€Å"free use†statues are in place that makes sampling music realistic. Today we have youtube, Pandora, and spotify ju st to name a few. If I want to sample music or even listen to my favorite genre of music I am free to. I can subscribe to a new artist on youtube and sample their music before I ever have to pay for a CD. Today technology has made it more convenient to be a consumer of media, and harder to protect your copyright for media creators. With every streaming site there is a file-sharing site.I think that it’s unfortunate that someone who worked hard to create a work of music has to deal with it being stolen, but I think there is a solution in the near future. With everything being hosted in the cloud now a days we see media outlets like itunes and spotify have huge cloud library with the ability to take a physical copy when placing it on an external device. We are seeing less and less local copies of media with the emergence of the cloud, which will make it very hard to circumvent RMS in place. So what should be the law? The laws should evolve with technology, and as of now should remain as they are.
Thursday, October 10, 2019
Criminal Justice in America: A Critical View Essay
Criminal justice Introduction            Criminal justice is a system of government institutions, which are tasked with upholding social control, and directed at mitigating crimes as well as sanctioning the law breakers with criminal penalties as and rehabilitation efforts as well.  Criminal justice covers a number of areas including; law enforcement, juvenile cases, correction and crime prevention. Criminal justice cases at level 200 cover a wide range of areas including policies on sentencing and practice, theories of policing and their effects criminal justice practice. As well as familiarizing with a wide range of police powers especially those involving searching and arrest powers.            The central role of law in social processes is explored under criminal justice 200, with primary legal regimes of various types being examined and compared from different national contexts as well as across different international context. Legal and non-legal reforms, those of social ordering, are contrasted; investigating human rights law in its practice and structure. Level 200 also focuses on ‘Disability studies’. Theories on how the society interprets disability and consequences in social justice. Factors and determinants that frame disability are factored. These factors include social, political, biological, cultural and economical determinants (Sheldon et al; 455).            On this paper, I will feature a case that will seek to examine how the judicial system decided to take a shift in the way juveniles were treated at trial in cases of criminal nature. The system saw it necessary to put into consideration the psychological factors, on growth of adolescents’ brains especially, when determining these cases as the aim of the system is more of reforming than punishing. Over the years, most states have believed the Juvenile system in the Judicial system is set up for public protection by providing a mechanism to respond to children who are getting into crime as they mature into adulthood. The children who commit these crimes are believed to be less dangerous and blameworthy hence the need to differentiate them from adults doing the same. States have been responsive to these differences and have in turn established separate court systems to cater for the juveniles. They have also provided separate youth-bas ed systems on service delivery that are different from those of adults.            Juvenile systems have grown remarkably since their first introduction. The first juvenile court was established in 1899 in the state of Illinois. At the time, the process was rather informal, consisting of conversations between the judge and the youth- with no legal representation for the youth. The system was aimed at creating a different probation system and replacing confinement of these youths in jails alongside the adults. A different approach to their incarceration was adopted which allowed for provision of guidance, education and supervision. All states later embraced the juvenile system including the then district of Columbia. In the year 1967, the ‘Re Gault’ landmark ruling by the Supreme Court determined the requirement of attorneys for youths in the system as well as provision of other constitutional rights like accused adults including confrontation of a witness before them. The Supreme Court later gave more consti tutional rights including undergoing trials requiring proof beyond reasonable doubt and against double jeopardy. However, some states give youths the right to trial y a jury through statutes and court rulings although the Supreme Court discouraged this (Bremna 342). Case ‘Miller v Alabama’            This case was a petition presented to the Supreme Court by the petitioner, Miller, against the state of Alabama. The case was argued on 20th March 2012 and was later decided on 25th June 2012. In this petition No. 10-9646, the petitioner by the name miller, with his friend beat up Miller’s friend seriously then continued to set his trailer on fire after a long evening of heavy drug abuse and drinking. The neighbor ended up dying. Initially, Miller had been charged by the court like juvenile, but when his case was later on removed and taken to an adult court, the court charged him with arson and murder. The jury found Miller guilty as charged and the trial court sentenced him to life without parole, which was a statutorily mandated punishment. The Alabama court dealing with appeals re-affirmed the ruling, arguing that Miller’s sentence was not even as harsh in comparison to the crime he had committed and the mandatory nature o f it was permissible according to the eighth amendment, which states that one should not be imprisoned for LWP for juvenile offenders that have committed homicide. The amendment forbids cruel and unusual punishments hence guaranteeing the defendant the right of refrain from being subjected to rather harsh sanctions. Punishment for a crime should be proportionate to both the crime and the offender. The amendment recognizes the lack of mental maturity n these youths, something that could lead to impulsiveness and recklessness as well as poor decision making (Adam 10).            This petitioned was argued and judgment given jointly with a case of the same nature, petition No. 10-9647 of ‘Jackson v Hobbs’ in which Jackson was charged with murder and thereafter sentenced to a life imprisonment with no parole. Jackson, a 14year old had taken part in a robbery where, unknown to him, one of his friends had carried a short gun with which he used to murder the clerk in the store. Jackson was charged by Arkansas as an adult with the crime of capital felony of murder alongside robbery. The jury found him guilty of both charges something that led to the sentence. The court likened life without parole to a death sentence (Adam 10).            On June 25 2012, the court gave a 5-4 ruling on the case, judging that a life imprisonment without parole was not constitutional if the accused is over the age of eighteen. The court was persistent on Graham’s foundational principle that states that the child status must be taken into account when passing such harsh judgments. Regardless of the crime committed, such severe penalties on juveniles cannot go on as if they were not children. The court also directed that sentences of life imprisonment without granting parole as such should be rare. The vulnerability of the children was taken into account as well as their high capability to change in the future and become better persons. The ruling would certainly have an after effect, especially on those whose sentencing did not take into account age and other mitigating factors (Adam 10).            This decision would see at least half of the states in America change their statutes on handling juvenile cases and sentences to life with no parole: including Alabama’s statute ‘code 13A’. Efforts to end harsh judgments and reduce solitary in confinement for juveniles were evident and efforts to close juvenile detention facilities as states started re-thinking of other ways on how to deal with juvenile offenders. Campaigns for youth reforms have been started with correctional facilities aimed at creating a view on young felons as victims of circumstances rather than felons who are irredeemable (Okonkwo 45). References Top of Form Shelden, Randall G, and William B. Brown. Criminal Justice in America: A Critical View. Boston: Allyn and Bacon, 2003. Print. Bottom of Form Daniel Okonkwo The New York Times- Applying The Miller v Alabama Ruling Retroactively Must Be Done, 2013 Adam Liptak, Ethan Bronnerthe New York Times- Justice Bar Mandatory Life Terms For Juveniles, 2012 Source document
“Cousin Kate†and “The Seduction†Essay
Both poems are written by female poets, who express their love by exploring physical and emotional aspects. Both poets imply that men are motivated by the physical side of love while women treasure the emotional side. The female characters in each poem to begin with are naà ¯ve, innocent and vulnerable. However each being mistreated left them both experienced before their time. The Seduction is set in the mid 1970’s when a teenage girl is at a party and is lured by a sleazy boy. Cousin Kate is about a young maiden who is taken advantage of by a lord ho then leaves her for her cousin Kate. Both are left with an experience and a child. The poems were written in very different periods and reflect love and marriage in different social manors through time. ‘Cousin Kate’ was written in the Victorian reign around the 1870s. Love and marriage in the 1870s was very different to present time, as the Victorian citizen’s approach and mind-set was to expect women to provide children especially sons to become an heir, ‘Your father would give lands for one, To wear his coronet.’ This shows that the father would be willing to pay a lot of money (land) to have a grandson. Birth out of marriage was considered wrong; ‘The neighbors call you good and pure, Call me an outcast thing’. Society saw Kate as a good person and a good marriage that they accepted into the community. Whilst they considered the cottage maiden as an outcast for having a child out of wedlock. They were also perceived to have a duty to marry and obey their husband; in the bible it says St.Paul in Ephesians 5:22: ‘Wives, be subordinate to their husbands as to the Lord. For the husband is head of his wife just as Christ is head of the church, he himself the savior of the body. As the church is subordinate to Christ, so wives should be subordinate to their husbands in everything.†’ Similarly in the Seduction although much more recent, societies view of birth outside marriage especially among teenage pregnancy is still frowned upon. ‘And better, now to turn away, move away, fade away, Than to have the neighbors whisper that ‘you always looked the type.’ The Seduction reflects a more modern attitude to love, where people frequently meet at social gatherings.’ She met him at the party and danced with him all night’. This shows that relationships can be started without knowing each other, when you are drinking. The poem also shows that men and women are now perceived as equal, in that both men and women are at the party and both are drinking alcohol. Messages of love have been interlinked with the environment to help you portray their attitudes towards one another. The setting in the Seduction has been created by using imagery and personification which helps the reader to envisage the scene. ‘Far from the blind windows of the tower blocks.’ This could imply that no one is there to see what could happen or that no one cares. An industrial dock yard is not a nice place to be and most probably not many people go there. ‘Towards the frightening scum on the water’, because this setting is so unromantic it implies that the sleazy boy is only after one thing. ‘She chattered on, and stared at the water, The Mersey, green as a septic wound.’ Here the author has used a simile to help explain nervousness of the girl. These words are effective because it emphasizes her innocents, although it seems to be dark and ery. The opening of ‘Cousin Kate’ tells us that she is just a simple country girl working to live. ‘I was a cottage maiden Hardened by sun and air, Contented with my cottage mates,’. Having this opening shows the emphasis of her innocents and it gives us a small idea of who she is. The author Christina Rossetti has pieced together a small picture of what her life was like but tells you enough for you to finish the scene in you mind. This all changes when later on it contrasts with the mention of her cousin Kate and the new lords. Both poets have used the environment help them create an image and an atmosphere which when added to the dramatic monologue is very effective. Also it transfers the feelings and emotions from the character to the reader. The poets have both used a range of techniques to help present the atmosphere and attitude to love. The atmosphere at the beginning of ‘The Seduction’ is quieting down after leaving a party with a random person who has got her drunk. It slowly turns into a dark and depressing mood but the girl is excited, naà ¯ve and unaware. The poet has used words like ‘she giggled’ and ‘he muttered’. This is successful as it shows the contrast between the innocent girl and the sinister boy. At the end of the poem the atmosphere has changed to a despaired attitude this shows how the poets view has changed. The emphasis of the change is described using poetic techniques like Connotation, Imagery, Oxymoron’s and alliteration. ‘And a bag filled with shimmering, sweet paint thinner.’ This implies that the boy was going off to get high when he is meant to be at school, I have chosen this quote also as an example of imagery and alliteration. Similarly the beginning of ‘Cousin Kate’ is peaceful, illustrated though words such as ‘contended’, ‘care’ and ‘flaxen’. However later on in the poem the narrators’ feelings are mixed; ‘Even so I sit and howl in the dust’ shows that she does feel sorrow and the reader can empathise with her. Also the poet has used dust to create a sad atmosphere. Whereas she perceives her cousin as wealthy and happy; ‘You sit in gold and sing’. This gives contrast from poor and rich, sorrow and joy. The narrator is also angry with the lord, ‘I would have spit in his face’. This illustrates her anger towards him, which creates tension and increases the reader’s knowledge of the narrator. Another way the poets express their attitudes to love and marriage is through the relationships between men and women. ‘Cousin Kate’ suggests the role of the men in the Victorian society were much more superior to women as they are the ‘hunters and gatherers’. By this I mean that the men are the leaders and are loved by women and the women should do as they are told. Conversely the male in the poem is not seen as likeable character, ‘He lured me to his palace home’. The word ‘lured’ projects an image of an ungentlemanly character which has falsely persuaded the victim. This is effective as he treats her as she is an object; ‘He changed me like a glove’. Equally ‘The Seduction’ the male character is perceived as someone who is not a pleasant person and a bad influence, ‘He spat into the river’. This is valuable as it illustrates how shocking and uncouth the boy is. Eileen McAuley has used verbs to convey the actions of the characters in ‘The Seduction’; for example the girl’s movements are submissive toward the strong minded boy. Although the same as ‘Cousin Kate’ the women in that period of time are meant to be submissive to their ‘master’. Consequently both poems are exploring the role of women in relationships and despite the fact that there is over a hundred years between the poems they both seem to be implying that society still criticise young mothers. Although the men are described as sleazy and sinister, this could be a miss conception as these may be the views from a women perspective. These descriptions of the male characters are portrayed as a stereotypical chauvinist male and could be offensive from a mans point of view. Finally the two poets have used the structure to help represent the theme of love. Both poems are written in stanzas and each tells another part of the story. ‘Cousin Kate’ is set out in a very traditional manner which help you to grasp the thoughts and emotions of the narrator. It repeats certain words in the first person like ‘I’, ‘he’ and ‘you’ this is done to show the difference between the characters but mostly cousin Kate and the narrator because ‘Kate’ has stolen the narrators ‘man’ (father); also because of the style it has created the piece of writing to be a dramatic monologue. Similarly ‘The Seduction’ also uses a lot of repetition of words in the third person like ‘she’ and ‘he’ this helps to show that it is a narrative. The poem is almost split into two sections; the fir half concentrates on the build up to when she discovers that she is pregnant and the second half only talks about if only it had not happened; also the first half is showing her innocents forming into an experience. This is successful because she is a young girl who still day dreams and wishes to be out with her friends; ‘Day trips to Blackpool, jumping all the rides?’ McAuley has also used a rhetorical question as if to say should she be out with her friends or does she get what she is deserved; but then it carries on to question what does the girl deserve? I believe that there is a subliminal message beyond the words and technical styles of writing, in both poems which can be related to the present time. The most obvious one is not to be naive and fall for boys tricks. However boy tricks are not always bad and good things may come of it. I consider the most successful technique is not a poetic technique, but more the structure the poets have written them in because it creates the mood, the speed and most of all in my eyes the tension and suspense.
Wednesday, October 9, 2019
Different Styles in Movies Essay Example | Topics and Well Written Essays - 1250 words
Different Styles in Movies - Essay Example The essay "Different Styles in Movies" investigates such movie styles as Soviet Montage, Surrealism, German Expressionism and Impressionism. Equally important is the use of dream sequence to penetrate in to the layers of mind – conscious and subconscious. This style the focuses on the characters’ state of mind, impression of feelings and emotions rather than on the plot or drama of the story. Cinematography and editing are used to illustrate the state of mind, and dream sequences are used to reflect on the conscience. The wide use of impressionist methods is so palpable in Francis Ford Coppola’s film, that brought the internalized life of a detached expert ‘bugger’ Hary Caul on the scene. He would pass for a modern recluse, donned with headphones, holding an extended shot gun microphone. He probes into the private life of Ann and Mark. The film revealed contradictions in the inner and outer life of the protagonist through the subtle emotions on his f ace, physical movements, and also in his dialogue which intermittently gets spiced with silence. The camera opens with a bird’s-eye-view on the busy lunch time at Union Square in downtown San Francisco, with frames having visual details of pedestrians, workers on lunch break, and Christmas shoppers. There emerges the cadence of street musician’s concert which gets mingled with the gruff and hoarse noise produced by certain mechanical devices in the street. The inner conflicts of the character are illustrated through the varying degrees of music and cacophony.
Tuesday, October 8, 2019
Facilities and Events Operations Management Term Paper
Facilities and Events Operations Management - Term Paper Example This function is also responsible for the fulfilment of the requests of the customers through creation and delivery of the required facilities and events. Depending on the manner in which an organization is structured, the precise nature of tasks, which are classified under the operations function, can be different from one business to another; nevertheless, some activities can be applied to all the forms of operations. These include: Understanding strategic goals, which involves the managers in charge of operations precisely understanding the objectives of the company and developing clear visions of the ways in which operations will assist in achieving them. It also entails the translation of these objectives into implications for how operations perform, goals, quality, speed as well as reliability, flexibility and costs. Development of an operations strategy, where as a result of the numerous number of decisions made as far as operations is concerned, it is important that the people responsible have a set of regulations that assist in aligning these decisions with the long term objectives of the company. All companies can be widely divided into two main categories, which are manufacturing and service companies. Regardless of the fact that both categories have operations management functions, these differences create unique challenges for operations as the characteristics of the products differ. Two key distinctions exist between the operations of companies that deal in products and those that concentrate on services. To begin with, organizations that deal with products produce physical and tangible products, which may be stored in inventory prior to it being required by the consumer. In contrast, companies that deal with services produce products that are not tangible and cannot be produced before the customers need them. Further, the companies that deal with tangible products, the consumers usually do not have a direct contact with the production
Monday, October 7, 2019
Individual politics assignment Essay Example | Topics and Well Written Essays - 1500 words
Individual politics assignment - Essay Example Department also considers the financial needs of every policy (A.H.C. S.A, 2004). In her budget of 2014, the Australian government made certain policies directed towards bringing new changes to the health sector. The Minister of Health mentioned three policies in the Dutton conference. The paper analyses these policies to identify their strengths and weaknesses. The paper also identifies the perspectives of the claims presented. It will also make some comparison between the stated plans with those of foreign countries. Australia has a high percentage of ageing people (Australian Bureau of Statistics, 2013). Unlike in the 1970 and 1971, a youthful generation has dropped to 22% from 31% in the early 1970s (M.H.C.C. A.C.T., & C.S S., 2007). The government through its various departments projects that in the coming 40 years, 25% of the Australian population will be people with over 65 years of age (Australia, 2011). In the health sector, the country is facing the problems associated with old age. The government understands this and is planning to offer more support for the sector so that it can improve its services to serve more people. Currently, the public health system is only able to serve, on a weekly basis, 170 people diagnosed with dementia. However, the country has to prepare for the future. The government projects that in 2050; there would be 7,500 cases of dementia per week (W.A.C.O.S.H, 2007). The country thus has to get ready to face such an issue in the future. Therefore, in the 2014 budg et, the government allocated more money for the expansion of services like genomics testing in MRI and MBS screening. The argument of the government is valid considering the real situation in Australia. There is a sociological problem. Australian population is aging at high rate. The health sector has to prepare to face this
Saturday, October 5, 2019
Stock Valuation Essay Example | Topics and Well Written Essays - 250 words - 2
Stock Valuation - Essay Example Common stockholders are entitled to voting where shareholders come together and are recipients of dividends while a preferred stock is a bond at the same time, that is, it is a cross between a common stock and a bond (Damodaran, 2007). Some of its characteristics include scripted return, lack of maturity in most cases, ability to recover as a mature bond and conversion to a common stock. In case of company bankruptcy, preferred stock holders are a priority in the payment of liquidated assets then the common stockholders. A direct implication of this is that the former mentioned stock preference is high regarding liquidation and some of its dividends are preferred. There are instances where dissolving a company results to no payments to the common stockholder. Therefore holding the same value for stock by investors goes against the principles of the two kinds of stocks in discussion. An imbalance of the stock market is therefore inevitable in the long
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