Friday, September 10, 2010

Step 3: Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

The lawyer just stated what the law was she didn’t care too much about my interest. I feel like she did this because I told her it was for a project , so she wanted me to have the right
information so I can know how the law works in these situations. This lawyer I can tell she knew what she was talking about and knew how to answer the question to her best ability. She answer each question that I asked with the knowledge that she has learn through what she has fought in court or when she has had to give legal advice for someone that has been in the situations that I thought of. She gave me advice to help me to make decisions on my work before I did anything highly illegal or just something out of stupidity. With what she has told me I have learn a few new things that I can and cannot do. Thanks to her I know if my website name is used by another company can the sue me even though its two different website concepts. She said that she would have to look more into it but she didn’t think so, because I would be two different domains since the internet domain site won’t let you have the same exact address so it would be impossible to do. If you had the same site there would be a glitch in the internet site that you got you domain from would be the one that would be getting into a problem. She also answer If I didn’t copyright a creation of mine and someone from my team takes the idea, can I take any action against them? She said not if I don’t copyright the idea before they did. So now I know that if I have an idea that I need to make sure that I have a contract with the people in my company that they cannot take any ideas that was given within the company.

Step 2: The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal i

These questions to me are pretty interesting because I didn’t know the answer to them, and I need to know just in case it happen to me or an partnership. The question like If I use an image that I didn’t create do I need to have a contract with the owner? The lawyer said that I need to have a permission or a contract with them that way they couldn’t sue me for plagiarism of their work. “ A person who has preregistered a work must register the work within one month after the copyright owner becomes aware of infringement and no later than three months after first publication/ if full registration is not made within the prescribed time period, a court must dismiss an action for copyright infringement that occurred before or within the first two months after first publication ( pg. 287, Attorney Richard Stim).” So I took this statement out of the book if you don’t register your product then the other company can have the same concept. ”Plagiarism does not violate any law but marks the plagiarist as an unethical person in the political, academic, or scientific community where the plagiarism occurs ( pg. 286, Attorney Richard Stim).” The lawyer said if you plagiarize someone else’s work you won’t get jail time but you’ll most likely get jail time and most likely will never get another job in the creative field again. Under Section 301 of the Copyright Act, states are prohibited from creating or enforcing laws that are equivalent to any of the exclusive rights granted under copyright law. This principle known as preemption ( or “ pre-emption”) – is sometimes used by a defendant in a lawsuit who claims that a state lawsuit should be dismissed because it actually involving in the right of publicity or a shrink-wrap license ( pg. 286, Attorney Richard Stim).” In this quote I think that it’s saying that even if you did go to court that you can fight your case with Section 301. The other question that I had for the lawyer was – if my spouse pays to set up my business and I ran everything if we get a divorce does he have a claim to it?- The lawyer response was under Nevada State law states that each person would get 50 percent of the company as long as the other spouse would sell their half of the company.

Step 1: Legal Authority: How I made contact, found this person and why they are a good choice

I made contact with my lawyer through a phone call interview. I found the lawyer through website online that had a list of different lawyer. I did research on this lawyer before I called him. I check his winning rate and record in court and secede that he was the best lawyer for me. “ determining what can be protected and why use to be trademark lawyers. Unfortunately, few businesses, nonprofits, or educational institutions can afford to call an attorney with every question ( intro, Attorney Richard Stim).” This lawyer made my choice easy, because he answer all my questions and it was a free consultation. This lawyer had show me that with businesses lawyer know what they are talking about. I’m glad that I called this lawyer because he helped me super much with the questions that I didn’t know about. I learn so much by talking to him like if I was caught hacking into some stuff what would the consequences be , he said prison time. Which I thought would be a fine and jail time. The Galliher Law Firm is a good law firm that I think I could call in the future if I ever need any one for law question.

Friday, September 3, 2010

Wk 8 Legal Questions

1. If I get caught hacking, what are the consequences.
2. If I sell my company and everything with it can I take my clients with me.
3. Someone stole my character and made slight changes can I sue?
4. My website name is used by another company can. They sue me even though its two different website concept?
5. If I choose to design a garment should I paten my design?
6. If I’m not featured in the credits of an animation can I take the company to court?
7. If I work with a celebrity in my ad campaign and I signed a confidentiality agreement but my employee says something could, I or my company be sued?
8. If I use an image that didn’t create do I need to have a contract with the owner?
9. If didn’t copyright a creation of mine and someone from my team takes it, can I take any action?
10. If my spouse pays to set up my business and I ran everything, if we get a divorce does he have a claim to it?

Monday, August 30, 2010

Wk 7 What legal issues concern you most

Well, as for my perspective of legal concern, Marijuana is a worldwide interest…well U.S interest. I believe that marijuana shouldn’t be legalized because it is better to get it from streets than to get it from the store. One its embarrassing to get from the store because you don’t want people eyeing you and staring at you saying you smoke marijuana, it’s not pleasant to for people to look at you like that, and another thing is that people aren’t going to be used to as fast enough to the legalization of marijuana because it used to be illegal. Second thing about legalizing marijuana is that it would have to be taxed, so something that used to cost on the streets which is about ten dollars or something (estimating from surveys) is now twenty dollars in the store plus tax which would cost about a whopping total of thirty six something dollars and I don’t think anybody would want that. Especially the drug dealers, they are one of the successful people on the streets….well kind of, but anyway if marijuana was legalized the drug dealers would totally be out of a job because weed (as they call it) is now legal. Next thing you know they wouldn’t have anything to turn to and their last resort is to get a gun and shoot people, and steal their money, or just rob a store out of cold blood, the possibilities are endless, only because they need something to do, to raise and keep the family they have, like I said earlier they totally would not have a reason to live anymore…well a reason for selling weed. Plus the crime rate would go up and no one would want that right? To end this engaging fun statement I say don’t legalize marijuana because it’s going to cause a worldwide pandemic like the swine flu.

Saturday, August 21, 2010

Wk 6 EOC Illicit? What do you think?

What do I think about Illicit? Well, as for my perspective of Illicit it is not a good thing to do because you’re selling fake bags, clothes, drugs, DVD’s and more. You are taking away the companies that made those materials and selling it worth less than the profit. And I know those people who sells fake saying they need a job that will provide their family, which I can see in their point of view. I’ll say this when I went to the Philippines, there were a lot of black market that sells fake bags. And guess what I was one of the customers who bought a bag from them. I knew it was a fake bag but I could not afford to buy those expensive bags in America. I didn’t care it was fake to me as long I have a brand name bag that’s all that matter to me at the time.
By watching the video on Illicit, I was as shock on what I saw and heard. Now that I saw that video I’m very afraid that when I go to a foreign country and I go to a black market, I will be paranoid. I don’t want to get caught for something that I want to buy. Any who, throughout the video I was amazed to see how foreign people get transport to America. They really hide their way to get pass the border line it was crazy to see that. They are very desperate to go to America and I understand that, they want to have free life. Also hearing that some country does some illegal transport of kidneys, that is crazy. Understanding those people do for a living, is trying to make ends meets, but without any paper work or something saying you have the right to sell brand names is another thing.

Friday, August 6, 2010

Wk 4 Ten of the most meaningful patent terms

1. Internet patent
2. Patent Cooperation Treaty(PCT)
3. Amendment of patent application
4. Certificate of correction
5. Design patents
6. Maintenance fees
7. Parent application
8. Patent pending
9. Statutory subject matter
10. Willful infringement