Week 5 EOC

The Samsung and apple lawsuit is pretty funny. They both are the leading power houses in the phone world. They both have great products that everyone wants. If they get into a argument like this on side is going to end up paying. It seems that Samsung had ripped off apple of a few things “Apple filed claims against Samsung at the ITC in 2011, claiming that the company's products infringed several patents. An ITC judge agreed with Apple with regard to four patents, one of which relates to the basic design of the iPhone as a handheld rectangle with rounded corners.”

“Since then, Samsung has stopped selling many of those 26 products. But the case still has big ramifications, legal experts say, because the Federal Circuit could drastically redefine whether—or when—companies should be able to knock competitors' products off the shelves after findings of infringement.”

In this case it was stated that 26 of Samsung's products violated six Apple patents and awarded Apple $1.05 billion in damages.

But in the end the judge did not ban the sale of these products like apple wanted.

Rule of Law

overall this whole experience was good. i learned a lot about the way a lawyer will think and about contracts and negations. i learned all about the civil laws and criminal laws as well.

The Questions

The questions i chose to use related to what i am in. I wanted to think of questioins that were going to involve visual effects and motion graphics. If they did not involve it then it does not really need to be asked. Some of the questions i wanted to ask involved copyright laws on sound, or maybe a explosion. maybe a effect i want to use. i needed to know if there was a a law that says i could not use this effect or if i can use that effect. i needed to know if i needed a contract and what a contract was also. i found out that a contract is "merely a legally enforceable agreement". "For a contract to be enforceable, seven key characteristics must be present".  "People regularly make promises, but only some of them are enforceable"  in one part i needed to know if i needed the rights to a song. he confirmed what i thought.. which is good that means i learned a lot in this class. just as i thought i needed to have the rights to the song to acutely us it.

Legal Authority

The way i contacted my lawyer was easy. I originality put something on Face book to see if anyone knew one i could use. That didn't work. None of my friends commented on it. After i did that i tried a different approach. I started to ask some of my family friends. I asked around and it seemed that no one knew a lawyer i could talk to. I knew if I just called a place I would have a long process of getting blown down or asked to try and find another place. Then I hit me. My dad is a Realtor and he had to know at least one. it turned out my dad had a client who was a lawyer and they are close friends now. My dad helped him by a house. So I asked my dad if he would help me contact him to help me with this school project. He was more than happy to help me get a good grade in this class. He thought it was a good idea to contact a lawyer to know some copyright rules. He was a bunch of help and he helped me with a lot of question I had. He said I had some very nice questions that he like. He said some of my questions would be a tort. "A tort is up to the injured party to seek compensation. She must hire her own lawyer, who will file a lawsuit. Her lawyer must convince the court that the defendant breached some legal duty and ought to pay money damages to the plaintiff"

reasoning of the laws

when i was talking to my lawyer, (who was a friend of my dad) he used a lot of word that made it sound like he knows what he was talking about. taking this class and a few things i have learned to helped me understand what he was saying, he started to explain what a crime was and what a tort was and a civil law.. he was surprised that i knew what those were. "It is a crime to embezzle money from an employer, to steal a car, and to sell cocaine."  "Criminal law concerns behavior so threatening that society outlaws it altogether." "Most criminal laws are statutes, passed by Congress or a state legislature." "Civil law is different, and most of this book is about civil law. Civil law regulates the rights and duties between parties."  he told me that these are important to what i am going in and how it will effect what i may do. my lawyer was really nice and helped me a lot to understand some of the things i will need to know to further my success in my field of work.

Own Argument and Opinion

when me and my lawyer sat down to talk over the phone i knew what he was going to say was going to be right. when we talked and was done with my questions he told me more that i might want to know. he told me more then i needed which help me out a lot. i agreed with what he had to say. he stated a lot of facts that i know were right. then others that i learned. over all i agreed with what he had to say to me. i toke in what he had to say to help me learn some new things about the law and about copyright laws. he told me what a criminal law and what a civil law is. he also explained what was a torte was to. he also ecplained to me what federalism is. "Criminal law concerns behavior so threatening to society that it is outlawed altogether. Civil law deals with duties and disputes between parties, not outlawed behavior. (p. 7)" "Our federal system of government means that law comes from a national government in Washington, D.C., and from 50 state governments. (p. 5)"

week 9 EOC Used Cars

theft of private property
sexual assault
manslaughter

week 10 EOC

What's black and brown and looks good on a lawyer?
           A Doberman pinscher.

Boss: Who said that just because I tried to kiss you at last month's Christmas party, you could neglect to do your work around here?

Secretary: My lawyer.

Week 8 EOC Bratz Battle

Mattel felt it owned the idea of bratz and sued the designer in an effort to make that a reality. From that point on it went from bad to worse to farcical. At one point, the court ordered MGA to turn over all future plans for the Bratz line. Which was then reversed? which was reversed by a lower court. which was re-reversed by the original court. This led to counterclaims flying from both directions and the last we had heard, Mattel, which had originally filed the suit, was being hit with a judgment for $309 million in damages, including MGA's court fees. Adding that together with Mattel's legal expenses and this fight over dolls put Mattel on the hook for nearly $700 million. “Now, it appears the fight is finally over. And, like many long legal battles, the lawyers are the only ones coming out ahead.”

http://www.techdirt.com/articles/20121019/17344420768/its-finally-over-8-years-mattel-vs-bratz-no-ones-getting-paid-lawyers.shtml

“A federal judge ordered Mattel, the world's biggest toy maker, to pay MGA Entertainment, which introduced the Bratz line of pouty, multi-ethnic dolls a decade ago, more than $309m in damages, fees and other costs arising from a legal wrestling match quite unbecoming of the plastic ladies they make”

http://www.independent.co.uk/news/world/americas/bratz-beats-barbie-in-americas-310m-legal-battle-of-the-dolls-2332691.html

We will do whatever it takes, to protect our intellectual property. "You can bet that anyone working for Mattel that's thinking of freelancing and coming up with a product of their own is going to think twice about how they do it," added McGowan.

http://www.marketplace.org/topics/business/barbie-v-bratz-never-ending-court-battle

this whole thing I really blown out of proportion if you ask me. Its two doll companies fighting over right to who created Bratz. With all the legal things that are going on. This be revised then it being re-revised. It is a cycle going on. It keeps going right back to the courts. In the end it seems like the only people getting paid is the lawyers if It keeps going like that.

Week 8- 10 Questions

1.       Can you please explain the difference between optioning a screenplay and buying the rights to a screenplay?

2.       I want to make a film about a deceased celebrity. Do I need to option or pay for their life rights?

3.       Should I be concerned about filming a famous building? How about verbally referencing a specific brand?

4.       I’m shooting my film in another state. Do I need to set up a limited liability company (LLC) in that state?

5.       Do I really need errors and omissions (E & O) Insurance?

6.       Can I use a song or other copyrighted work in my film if I change ... percent of it?

7.       What good legal resources are out there?

8.       Why should I copyright my work?

9.       Do I need to get the rights to music used in my film if I'm not charging people to view it?

1.   Can treatments be sold to film studios or production companies to adapt them into screenplays?

week 7 EOC Lawyers!

Week 7 EOC lawyers     Zachariah stepke

Name

CRAIG P. KENNY                               (702) 380-2800                   ckenny@cpklaw.com

BRADLEY L. KENNY           (702) 380-2800                   bkenny@cpklaw.com.

JOHN L. DUFFY                  (702) 380-2800                   jduffy@cpklaw.com

Peter H. Ajemian             Greenberg Traurig, LLP, Las Vegas

Bryce Earl                            Cotton, Driggs, Walch, Holley, Woloson & Thompson, Las Vegas

Michael N. Feder                             Gordon Silver, Las Vegas

LAWRENCE E. MITTIN                     lmittin@cpklaw.com

Billie-Marie Morrison                     bmorrison@cpklaw.com

Marianne Y. Denton                       mdenton@cpklaw.com

Michael McOsker                             mmcosker@cpklaw.com

Week 3 EOC

Erin said that because she suffers from dyslexia, she is unable to read and comprehend in a normal manner. In order to cope with her illness, she said that she has learned mostly everything in her life through memorization. This is how she remembered all of the Hinkley residents' cases

http://www.chasingthefrog.com/reelfaces/brockovich.php

“A single mother, with no formal education, brought an American powerhouse crashing down to the tune of £229million”. Julia Roberts' push-up bra barely scratched the surface of the real Erin. She went though many divorces. Had more than one kid and was struggling when she got a job and started that case

http://www.thebiographychannel.co.uk/biographies/erin-brockovich.html

I think it is somewhat fair. There are other factors you can put in. Did it go farther than just that little area? They did receive a good amount of money. It paid for everything. In all it was $229 million. Then Erin received a check for $2 million of it from her boss. The firm also got 40% of it.

“In the course of working on a pro-bono real estate case, Erin stumbles upon a series of questions that, when deftly investigated by her, ultimately result in over six hundred plaintiffs winning a $333 million lawsuit against the $30 billion corporate giant, Pacific Gas and Electric.” It is still the largest settlement ever paid in a class action lawsuit in the United States. That shows how uch she worked for the people that she started to represent.

http://usf.usfca.edu/pj//brockovich-grant.htm

Week 4 EOC

The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. “Many people think online material is free for the taking. They search Google images, for instance, and take whatever they like, post their findings on their blogs or websites and think nothing of it”. No you can’t do that. You can be sued just for doing that. It is considered illegal.

http://amybrucker.com/how-to-protect-yourself-from-copyright-infringement/

If you are publishing or using different material from other with out there consent then you might be putting yourself in legal liability for violations of intellectual property law. Fortunately, if you allow your site's user to post this type of content you can protect yourself from copyright infringement claims under the Digital Millennium Copyright Act promptly remove content when a copyright owner notifies you that it is infringing, and have no knowledge that the material in question is infringing.  This page explains how this important law works. “If you publish or use the creative work of others, their trademarks, or certain confidential business information without the permission of the owner, you may be exposing yourself to legal liability for violations of intellectual property law”.

http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content

 “Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. The original authorship appearing on a website may be protected by copyright.

http://www.copyright.gov/help/faq/faq-protect.html

StepkeVFX

Hello my name is Zachariah Stepke, I am a inspiring visual effect and motion graphic. I am moving up in the world and going to go for my dream. I am going to school to improve my skills and help me understand what I need to know. I have a burning passion to get better and to show I can make it. I have grown to love this field through a teacher in high school. He showed me the fun and interesting things about this field that I now love. He was the real reason I wanted to peruse this field and all that is in it. he really changed what i wanted to do. I went to a high school for aviation. Then toke his class for fun and it changed my mind set in what I wanted to do when i graduate. I did a drastic change from wanting to fly to doing visual effects and motion graphics. The business inspired me to do more and learn more to pursue my new dream that I want to accomplish.  In anything I do I strive to be the best, and shoot for nothing less. that is my quote that I made. I live by it and it goes with everything I do. It has helped me go through everything and made me do my best in everything. I want to be the best at what I do. So I will study and work hard to make that dream come true. I will become the best I can be in this field. Then when you are watching your new favorite movie at the end you will see my name in the credits Zachariah Stepke, I WILL BE BIG!!