Friday, May 22, 2020
Business Law and conflict with trade secrets Free Essay Example, 3000 words
This element of what defines a trade secret is a primary example of how business law indeed conflicts with trade secrets and will be explored in more detail below. Definitions, Application and Content of Law and Comparison The legal definition of trade secrets varies by jurisdiction, but is generally narrowed down to consisting of three characteristics. Simply explained, a trade secret is a piece of information, for which reasonable measures have been taken by the company to protect it, and from which the company receives an economic benefit due to its exclusivity (18 USC, s.1839 s. (3)(a)(b)). Although federal law does not govern the protection of trade secrets, most states have signed the Uniform Trade Secrets Act. A company secret is not a trademark or a patent, the latter two being governed by law in a different manner and involving different rules and concepts. Although it is not necessary to distinguish the three aspects in fine detail, a brief explanation of what makes trademarks and patents separate from trade secrets is necessary for the purpose of legal analysis. We will write a custom essay sample on Business Law and conflict with trade secrets or any topic specifically for you Only $17.96 $11.86/pageorder now The very existence of a trademark is dependent on its exposure to the public, so that a process of association may take place. For example, when one sees the ââ¬Ëbig yellow Mââ¬â¢, one is immediately able to associate it with McDonaldââ¬â¢s, just as thinking of Coca Cola conjures up that unforgettable logo. Such patents are meaningless unless public, quite the contrary to trade secrets. The patent is also a public form of protection, and makes available exclusive rights to the inventor in exchange for its release into public. It is easy to understand how a trade secret is very different from a patent or a trademark, and its existence depends on its being kept secret. Yet how does the law distinguish between a useless personal secret and an extremely valuable company (trade) secret? Many mechanisms exist in order to protect the trade secret, which will be explored in order to critically assess their actual effectiveness in reality and whethe r they conflict with, rather than serve to protect trade secrets. Yet one may remain unclear as to what a trade secret may encompass in reality. Problems concerning the ambit of ââ¬Ëtrade secretââ¬â¢ have not gone unnoticed, and many claim that ââ¬Ëit is one of the most elusive and difficult concepts in law to defineââ¬â¢ (Lear Siegler Inc V Ark-Ell Springs Inc, 569). The problem is not independent of other factors, however, and it is recognized that although almost any form of information can be classed as a trade secret, ââ¬Ëbut what will be protected as such, and when and against whomâ⬠¦are questions that cannot be answered with such certaintyââ¬â¢ (Callman 1992: 14.06).
Saturday, May 9, 2020
I Interned For The Copa Shorts Film Festival Essay
I interned for the COPA shorts film festival from August to December. I was a film reviewer, and my duties and responsibilities were to essentially review any short films that were assigned to me, and then write a review and rate them accordingly. I would be emailed whenever a new film was sent to me via a website called FilmFreeway. Because my internship was primarily an online one, my schedule was flexible, which gave me the opportunity to work at my own pace, rather than at a fixed time every week. I was work around 4-5 (maybe more, depending on how long the film is) hours a week, reviewing any films that came my way. Shelley, my internship supervisor, understood that I was a full-time student and made sure that I was given ample time to watch and review these films. The way the website operated was that I would sign into my account, and all of the videos that are assigned to me would be available for viewing. I would watch the films as many times as I felt necessary. If I watched a film more than 4-5 times, that usually meant that I found it perplexing, and difficult to understand. After I am done viewing these films numerous times, I would take time to contemplate what I wanted to say about this film. I would write down bullet points about what I wanted to say for my review. I would then take these bullet points and attempt to write a rough draft of a cohesive review. I would read over the draft, and skim past the film to see if thereââ¬â¢s anything I missed. I would then
Wednesday, May 6, 2020
Animal Farm. Snowball Free Essays
Snowball Orwellââ¬â¢s stint in a Trotskyist battalion in the Spanish Civil Warââ¬âduring which he first began plans for a critique of totalitarian communismââ¬âinfluenced his relatively positive portrayal of Snowball. As a parallel for Leon Trotsky, Snowball emerges as a fervent ideologue who throws himself heart and soul into the attempt to spread Animalism worldwide and to improve Animal Farmââ¬â¢s infrastructure. His idealism, however, leads to his downfall. We will write a custom essay sample on Animal Farm. Snowball or any similar topic only for you Order Now Relying only on the force of his own logic and rhetorical skill to gain his influence, he proves no match for Napoleonââ¬â¢s show of brute force. Although Orwell depicts Snowball in a relatively appealing light, he refrains from idealizing his character, making sure to endow him with certain moral flaws. For example, Snowball basically accepts the superiority of the pigs over the rest of the animals. Moreover, his fervent, single-minded enthusiasm for grand projects such as the windmill might have erupted into full-blown megalomaniac despotism had he not been chased from Animal Farm. Indeed, Orwell suggests that we cannot eliminate government corruption by electing principled individuals to roles of power; he reminds us throughout the novella that it is power itself that corrupts. Boxer The most sympathetically drawn character in the novel, Boxer epitomizes all of the best qualities of the exploited working classes: dedication, loyalty, and a huge capacity for labor. He also, however, suffers from what Orwell saw as the working classââ¬â¢s major weaknesses: a naive trust in the good intentions of the intelligentsia and an inability to recognize even the most blatant forms of political corruption. Exploited by the pigs as much or more than he had been by Mr. Jones, Boxer represents all of the invisible labor that undergirds the political drama being carried out by the elites. Boxerââ¬â¢s pitiful death at a glue factory dramatically illustrates the extent of the pigsââ¬â¢ betrayal. It may also, however, speak to the specific significance of Boxer himself: before being carted off, he serves as the force that holds Animal Farm together. Napoleon From the very beginning of the novella, Napoleon emerges as an utterly corrupt opportunist. Though always present at the early meetings of the new state, Napoleon never makes a single contribution to the revolutionââ¬ânot to he formulation of its ideology, not to the bloody struggle that it necessitates, not to the new societyââ¬â¢s initial attempts to establish itself. He never shows interest in the strength of Animal Farm itself, only in the strength of his power over it. Thus, the only project he undertakes with enthusiasm is the training of a litter of puppies. He doesnââ¬â¢t educate them for their own good or for the good of all, however, but rather for his own good: they become his own private a rmy or secret police, a violent means by which he imposes his will on others. Although he is most directly modeled on the Soviet dictator Joseph Stalin, Napoleon represents, in a more general sense, the political tyrants that have emerged throughout human history and with particular frequency during-the twentieth century. His namesake is not any communist leader but the early-eighteenth-century French general Napoleon, who betrayed the democratic principles on which he rode to power, arguably becoming as great a despot as the aristocrats whom he supplanted. It is a testament to Orwellââ¬â¢s acute political intelligence and to the universality of his fable that Napoleon can easily stand for any of the great dictators and political schemers in world history, even those who arose after Animal Farm was written. In the behavior of Napoleon and his henchmen, one can detect the lying and bullying tactics of totalitarian leaders such as Josip Tito, Mao Tse-tung, Pol Pot, Augusto Pinochet, and Slobodan Milosevic treated in sharply critical terms. How to cite Animal Farm. Snowball, Papers
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