Laws With Social Networking Sites Week 5 Midterm EOC

The internet has brought many things to the people who use it. Social Networking sites such as Facebook or Youtube come to mind when people think of the internet. Kevin Fayle from Findlaw.com says, “The two most important statutes to consider when discussing the legal liabilities and obligations of the social networking sites are Section 512(c) of the Digital Millenium Copyright Act and Section 230 of the Communications Decency Act.” One thing we need to ask is, what are the legal obligations that keep coming up because of the use of social networks, both for the user and the sites themselves? The law for these are constantly changing!

Section 512

Section 512(c) removes liability for copyright infringement from websites that allow users to post content, as long as the site has a mechanism in place whereby the copyright owner can request the removal of infringing content. The site must also not receive a financial benefit directly attributable to the infringing activity.

Unfortunately, youtube is now owned by google, and because of this, they are adding ads to videos for viewers that apply to the type of video the user is watching. With these ads, the site is making a profit, and it can/will be making profits from copyrighted material that other users are posting.

As for Facebook, S. M. Moshiur Rahman from cse.com says, “Facebook’s copyright policy is amazingly robust, including both notice and counter-notice information as well as well-worded cautions against sending false notices and providing a useful Copyright FAQ that can answer many of a member’s or a copyright holder’s questions.” Facebook has millions of users, some with multiple accounts for either a business or for fun. With the incredible amount of users on facebook, you could only think about the number of copyright law being broken, such as videos being uploaded, is going on. Also, people can download these videos or MP3 (music) files and would not have to pay for the material they would normally have to. David Navetta from infolawgroup.com says, “As social media and networking continue to revolutionize modern-day marketing and become the norm for organizations of all types, shapes and sizes, it is even more important to adequately address the legal risks associated with social media use.”

Sources:

Kevin Fayle - http://technology.findlaw.com/modern-law-practice/understanding-the-legal-issues-for-social-networking-sites-and.html

S. M. Moshiur Rahman -

http://www.cse.hut.fi/en/publications/B/1/papers/Rahman_final.pdf

David Navetta -

http://www.infolawgroup.com/2011/10/articles/social-networking/the-legal-implications-of-social-networking-part-two-privacy/

Week 4 EOC Copyrights

From up.edu. . .

“What Kind of Work is protected by Copyright? - Literary works, Musical works, Dramatic works, Pantomimes and choreographic works, Pictorial, graphic, and sculptural works, Motion pictures and other audiovisual works, and Sound recordings.”

From Videouniversity.com . . .

“What is copyright? - Quite literally; the right to copy. No one has a right to copy anything tangible that they didn’t create unless they’ve been given specific license to do so.”

From Videomaker.com . . .

“9 copyright laws every video producer should know. - Copyright Infringement

Releases, Recording Location, Legal Audio, Stills and Images, Fair Use, Copyright Notice, and Duration of a Copyright.”

I can honestly say that my sources are firmly correct in their explanations of what someone like me should do to protect my property and to avoid taking the ideas of others. Getting in trouble with the law is that last thing I want to do, and I believe I have taken the first step in avoiding any bad habits in relation to copyright law.

Just like as shown above copyright law is quite literally the right to copy. To copy someone elses idea(s) is just “bad sportsmanship”. Yea, you can take someone’s picture or video and make it your own piece of art if it isn’t knowingly theirs, but what skill have you taught yourself? You haven’t learned anything but how to take advantage of someone elses work.

Erin Brockovick

What Happened with Erin Brockovick??

From imbd.com . . .

In the end, Erin's special ability to bond with the victims of chromium contamination and their families and Ed's legal and administrative prowess are the key ingredients to making the case against PG&E. As a team, they manage to successfully lay the groundwork for the payment of legal damages by PG&E to those harmed. 

From Salon.com . . .

In the movie, the victims in the celebrated lawsuit won big. In reality, many are wondering where the money went -- and they're mad at their lawyers.

From thehuffingtonpost.com . . .

In the clip above, Brockovich discusses how she felt when PG&E settled the case for$333 million in 1996, years after polluting the local water supply in the city of Hinkley, Calif. The pollution caused Hinkley residents to suffer from ailments ranging fromchronic nosebleeds to cancer for more than 30 years.

It is true that in the end, PG&E had to pay $333million. Unfortunately, because they are in charge of a utility, all they need to do is charge their consumers. And while it is true that the families got their money and all that jazz, PG&E is just going to charge THE FAMILIES and get their money back! 

In the end, the only people that win is the law firm. The families need to pay hospital bills and pay the now higher priced utilities with the money they won thus leaving them with nothing or back to where they started. The law firm and PG&E are the only winners while the families corrupted by their poison are changed for the rest of their lives and their children and their children’s children because the poison is passed through genes.

EOC Week 2

One of the Supreme Court subject currently being looked at is the Execution of Warren Lee Hill. I have read that apparently he has been diagnosed as “mentally retarded” and has been proven by several professionals.

This is a truly unique case because Hill has murdered his girlfriend and while in conviction, beat his fellow cellmate to death.

Now in my personal opinion, in order to do something like killing your girlfriend and killing your cellmate, you need to be able to consciously make the choice to do something like that.

Now, from the findlaw.com blog, it is mentioned that “At the time of his trial, he was unable to prove his mental retardation beyond a reasonable doubt (a high burden uniquely imposed in Georgia alone), as the government’s experts all felt that he was either malingering or competent.” I personally feel like this is a load of rubbish.

Hill may have been diagnosed as mentally retarded, but he was checked out AFTER he had committed his crimes. It was also noted that “Because he had previously made the mental retardation argument, the present, more convincing argument was barred, even if it was based on new evidence.” They shouldn’t change the whole outcome of the trial all because he is “retarded”. This new evidence shouldn’t even be brought up because it is new and can be falsified. Mental states can also show up very randomly. Chemical imbalances can result in mental changes as well.

Either way, Hill has been given the death sentence and is being treated almost as bad as what he did to his girlfriend and his cellmate.

Current Supreme Court Subjects

Cuccinelli's Sodomy Battle

Few, except Virginia Attorney General and gubernatorial candidate Kenneth Cuccinelli will lament this rejection, which was an appeal of the Fourth Circuit's striking of Virginia's "Crimes Against Nature" law. The statute, which nearly matched the now-repudiated Georgia statute from Bowers v. Hardwick word-for-word, was facially overbroad, yet Cuccinelli argued that it was constitutional as applied (to child predators and other sex offenders) and should have stood.

Execution of Warren Lee Hill

This one, for those who have been following the case, is a heartbreaker. Hill, who has been diagnosed as "mentally retarded" by all experts who have examined him, had his death sentence upheld on procedural grounds by the Eleventh Circuit, despite the execution being unconstitutional per Atkins v. Virginia.

Florida Tobacco Litigation

It's been bad times for Big Tobacco. Last month, the Eleventh Circuit upheld the use of res judicata in individualized trials between smokers and Big Tobacco on the issues of duty of care, manufacture of defective cigarettes, and concealed information about harm.

Week 1 - EOC : My Voice

I am Dean. I am quite shy and don't really speak outwardly or really raise my hand in class or anything of the sort. I don't try to attempt to be like nor do I attempt to copy anyone else in their attempt in success. I want to make it to my career as an Audio Producer creating sounds such as background ambiance and explosions you hear in games and movies. I have an ear for these type of things so I want to roll with it. I want to be able to make it to the top with my own skills, but if a project presents itself, I am willing to act in a group setting. I am willing to do what it takes to get to the top and nothing can stop me.

I can see myself in ten years being well known throughout  the audio industry and that makes me happy. I can see myself making amazing audio files that you hear in a game. I believe that the best background ambiance is the kind where you don't notice it too much. So much so, that you become immersed in what you are doing or playing because it would feel like you are in the game. I will have all the fun in the world in audio. It is something that just comes to me. I am so excited about my future and I can't wait for what is going to happen next in my life.