Week 11: Forced Choice.

1. ADAM MUKAYA, I believe I have outdone myself in this class and put a lot of effort in my final project. Plus I really got some good answers from the lawyer.
2. KRISTINE, ALBERTO has well organized final project. She met all requirements. Had most of her quotes from the book and some good responses.
3. Lopez-Estrada, Saul E. genius.
4. Nolan, Stanley S. great work Miss Stanley.
5. OYA, KORSYCA LN, good job. Awesome narrative.
6. CHESTER, LONNIE O. provide a good understanding of the project provided he had trouble getting a hold of an attorney. He is also have a good number of quotes from the book in relation to his narrative.
7. DIAMOND, VIVIAN did a wonderful job. Well laid out.
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10. FERNANDEZ, RYAN LOUIS good blog.
11. JONES, C. J. Nice work. Quotes well identified.
12. Fernandez, Joanne Average. Not sure if she had all the 20 quotes.
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18. CALESING, KATHERINE GAERLAN did not write much in her project. It was short. Am guessing she had problems with the attorney she spoke to.
KLATSKY, REBEKAH ANNE blog 3 and for not entered or answered
CASSARO, CHRISTINA R. has one of the final blogs not answered. There is little of quotes from the book and the Reasoning of Law is not narrative.
CRISSMAN, JAKE ALBERT Reasoning of the law blog is not answered and had only 4 blog entries..
ARMELLINO, STEPHEN JOESPH has no final project posted to his blog.

Week 11: Final Evaluation

It has finally come to an end. Business 250H, Contracts and Negotiations. The class I dreaded most at the beginning. I wasn’t so sure what was to be expected of me to pass the class. Despite reading the course syllabus, I still thought that the requirements for getting a pass grade in this class were going to be a bit too steep. I was afraid of destroying my good reputation of straight As in all classes I have attempted. I have always been on the Honor’s Roll and plan to keep it that way. All my earlier years in college, I wasn’t an A student, until I joined the Art Institute. I have very much enjoyed this class. I have been able to get a concrete understanding of Patents, Copyrights and Trademarks and the Laws that govern them. In the beginning, I was all strong heavy words. I never dreamed of being a lawyer and had no interest in legal terms. To my surprise, this class has taught me my rights as a human and creative designer. It is to my best interest to protect my work and prevent it being public domain and used by others without compensation for my creativity and efforts. Now I have a strong belief in suing anyone who criminally infringes me. This class has also taught me how to be careful in creativity, thus using other work out there for inspiration, and avoiding a huge lawsuit because of ignorance and not educating myself about Patented and Copyrighted work. I have also learned that I can even ask the author of a copyright work for permission to reference their work especially as a student. As a future business owner and creative person, I plan on patenting my inventions and copyrighting my designs. The law is in my favor. In conclusion, I have enjoyed the class and have met the course competence and strongly believe that I deserve a strong A.

Week 10: Robert Kearns

Robert William Kearns (March 10, 1927 – February 9, 2005) was the inventor of the intermittent windshield wiper systems used on most automobiles from 1969 to the present. His first patent for the invention was filed on December 1, 1964. Kearns won one of the best known patent infringement cases against Ford Motor Company (1978–1990) and a case against Chrysler Corporation (1982–1992). Having invented and patented the intermittent windshield wiper mechanism, which was useful in light rain or mist, he tried to interest the "Big Three" auto makers in licensing the technology. They all rejected his proposal, yet began to install intermittent wipers in their cars, beginning in 1969.He sued Ford Motor Company in 1978 and Chrysler Corporation in 1982 for patent infringement. The Ford case went to trial in 1990. Ford lost, although the court held that Ford's infringement was not willful (meaning that damages for infringement would not be enhanced). Ford agreed to settle with Kearns for US$ 10.1 million with an agreement of no further appeals. He sued Ford Motor Company in 1978 and Chrysler Corporation in 1982 for patent infringement. The Ford case went to trial in 1990. Ford lost, although the court held that Ford's infringement was not willful (meaning that damages for infringement would not be enhanced). Ford agreed to settle with Kearns for US$ 10.1 million with an agreement of no further appeals. After the settlement with Ford, Kearns mostly acted as his own attorney in the subsequent suit against Chrysler, even questioning witnesses on the stand. The Chrysler verdict was decided in 1992, and was a victory for Kearns. Chrysler was ordered to pay Kearns US$ 18.7 million with interest. Chrysler appealed the court decision, but the Federal Circuit let the judgment stand. The Supreme Court declined to hear the case. By 1995, after spending over US$ 10 million in legal fees, Kearns received approximately US$ 30 million in compensation for Chrysler's patent infringement. The legal argument that the auto industry posed in defense was that an invention is supposed to meet certain standards of originality and novelty. One of these is that it be "non-obvious." Ford had claimed that the patent was invalid because Kearns' intermittent windshield wiper system had no new components. Dr. Kearns noted that his invention was a novel and non-obvious combination of parts. Kearns' position found unequivocal support in precedent from the U.S. Court of Appeals and from the Supreme Court of the United States.

BOC Week 10: Lawyer Jokes

Q: What is the difference between a tick and a lawyer?
A tick falls off of you when you die. www.funnyhumor.com

Q: Why does the law society prohibit sex between lawyers and their clients?
A: To prevent clients from being billed twice for essentially the same service. www.funnyhumor.com

Q: What do you call a lawyer who doesn't chase ambulances?
A: Retired. www.funnyhumor.com

Q: Why are lawyers like nuclear weapons?
A: If one side has one, the other side has to get one. Once launched, they cannot be recalled. When they land, they screw up everything forever. www.funnyhumor.com

Q: Have you heard about the lawyers' word processor?
A: No matter what font you select, everything come out in fine print. www.funnyhumor.com

What happens to a lawyer who jumps out of a plane at 35,000 feet without a parachute?
Who cares? www.corsinet.com

What type of apparel is the most popular with lawyers?
Law-suits. www.corsinet.com

What's brown and looks really good on a lawyer?
A doberman. www.corsinet.com

What's the difference between a lawyer and an onion?
You cry when you cut up an onion. www.corsinet.com

Why do lawyers wear tight ties?
So their foreskin doesn't creep up and cover their face. www.gigaflop.demon.co.uk

What's the difference between a dead lawyer on a street and a dead dog on the street?
There are skid marks in front of the dog. www.gigaflop.demon.co.uk

How do you stop a lawyer from drowning?
Take your foot off it's head. www.gigaflop.demon.co.uk

What's the difference between a mosquito and a lawyer?
One is a blood-sucking parasite, the other is an insect. www.gigaflop.demon.co.uk

Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.

I thought that most of the information I received from my lawyer was very accurate. There were some answers that I didn’t like to hear but it is the law so I can’t do much about it. Like my question about skills that I developed in the company to earn money through freelance work, when you learn a skill, it’s like learning a language. It’s hard to forget it and difficult to ignore it if it make you money. If I had the option not to sign a non-disclosure agreement, I’d definitely not. “A non-disclosure agreement (NDA), also known as a confidentiality agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties.” – Wikipedia. I do agree with my lawyer when we discussed about if someone stole my architectural design and used it for his own purposes without crediting me. He said that I can sue him and I just have to have my proof ready. “The government will prosecute anyone who knowingly and willingfuly aids in a criminal infringement.” NOLO Patent, Copyright & Trademark: Page 230. With that if something like this were to happen to me I will know that the “Copyright Act of 1976 protects me. This federal statue governs copyright protection for original works of authorship created after January 1, 1978.” NOLO Patent, Copyright & Trademark: Page 222. I will always be protective of my work to prevent it from going to public domain. “When an idea, design, or expression does not belong to anyone under the patent laws, it is said to exist in public domain.” NOLO Patent, Copyright & Trademark: Page 118.

Rule of law -- a concise summary of the main precedent established. Support with quotes form the book.

Patent, Copyright & Trademark law is the main precedent in my blog. It’s the study of intellectual property. “Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized—and the corresponding fields of law.” - Wikipedia. Being that I am a architect, it is important to follow this rule of law. Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take a trespasser to court. I plan to have design patents for the designs I create. “A design patent lasts fourteen years after the date the patent issues.” NOLO Patent, Copyright & Trademark: Page 53-54. I also plan on having my designs copyrighted. Copyrights are granted for original creative expressions produced by authors, composers, artists, designers, programmers and similar creative individuals. As well as having my work trademarked. “Manufacturers and merchants use trademarks for the sole purpose of distinguishing their products from those of others in the marketplace, not for any functional purpose. A trademark usually consists of a word, phrase, logo, or other graphic symbol.” NOLO Patent, Copyright & Trademark: Page 462. So just opening an architectural firm consists of a lot of work and knowledge of the architectural industry and intellectual property law and will be wise to have an attorney on retainer. To insure that no one can steal, duplicate, or infringe on my creations and also make certain that I am prepared for any unfortunate situations. “An infringement can be treated as a federal crime under the Copyright Act if it is done intentionally and with full knowledge of occurrence. NOLO Patent, Copyright & Trademark: Page 229.

Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer.

The conversation I had with the attorney was informative and straight to the point despite being a bankruptcy lawyer. Qn 1: If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen? Ans: You’ll be running a risk of some type of liability. It will depend on the changes that were made. People sue others for incorporating their copyrighted work. They exercise the right to use the courts to go after them. “A copyright consists of a bundle of rights held by the author or developer of an original work of authorship.” NOLO Patent, Copyright & Trademark: Part 2 – Page 219-221. 2: If I’m asked to sign a non-disclosure agreement. Can I use the skills that I developed in the company to earn money through freelance work? Ans: It’s going to depend on your non-disclosure or non compete. “A non-disclosure agreement (NDA), also known as a confidentiality agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties.” – Wikipedia. “A non-compete clause or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer).” – Wikipedia. Sometimes the agreement’s written so broadly. The courts may come in and change that in favor of employee. 3: As a designer working for an employer, can part of a design from that company be considered a trade secret that I’m prohibited from using any work that’s not solicited within the firm? Ans: Yes, someone could consider that a trades secret and could be patented. “ A patent is the right provide by the government that allows an inventor to prevent others from manufacturing, selling, or using the patent owner’s invention.” NOLO Patent, Copyright & Trademark: Page 96. 4. If I come up with an original idea during employment with a company, who owns the rights to it, the company or myself? Is there any way I can make it my own to sell to others? Ans: In general, the company is the owner. Unless you sign an agreement to clearly specify it as the inventor either before or after the creation. “An inventor is a person who contributes significant creative input into an invention. NOLO Patent, Copyright & Trademark: Page 80. 5. How much do you charge to read a contract and advise/interpret? Ans: Most attorneys do it by the hour, i.e. $200, depending on length of the contract. 6. A If a company give you a design and you didn’t know it was inspired by another company, can you still be sued? Ans: Yes, you could be liable. With intent is violating the author’s rights. “An author of a work of expression subject to copyright protection is the person who creates the work.” NOLO Patent, Copyright & Trademark: Part 2 - Page 204. Everybody involved in the work in included in the lawsuit. 7. If there’s an ownership of idea in a contract, what types of word or clauses are to look for? Ans: Legal term like; confidential information, proprietary, trade secrets and works of a trade. “A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. – Wikipedia. 8. What is the best response to a non-compete disclosure contract? Ans: If you aren’t familiar with it, have an attorney look at it. 9. In a series of invention, do you copyright individually or as a series? Ans: It’s safe to jump on the complete series. 10. What is the average price to keep an attorney on retainer? Ans: It depends on the scope of work to be done and agreements can vary so much. “A retainer is a contract in which a client pays for work to be specified later.” – Wikipedia.

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

My intention was to get a hold of an Intellectual Property attorney who deals with Copyright and Patent law. Unfortunately I was not able to but to my surprise, the attorney I finally discussed with, who practices bankruptcy and real estate law, was very knowledgeable about Copyright law. The first question I had is 'If I copied another artist’s work from a website and configured it to where it wasn’t exact, would I stand in position of a lawsuit and if the roles were reversed, would I be able to sue?' As an artist, you are creative but need inspiration from others and their work. At times, you may be tempted to use someone else’s idea to compliment your work. In some cases, this could be illegal. The author may copyright the work. “The ‘author’ of a work of expression subject to copyright protection is the person who creates the work.” NOLO Patent, Copyright & Trademark: Part 2 - Page 204. “A copyright consists of a bundle of rights held by the author or developer of an original work of authorship.” Patent, Copyright & Trademark: Part 2 – Page 219-221. By duplicating it, you may be committing a tort. “A tort is a wrong that involves a breach of a civil duty owed to someone else.” - Wikipedia. Unless you have been granted a nonexclusive license, you may be prohibited from using someone else’s work. “A nonexclusive license is grant from a copyright owner authorizing another person or institution to exercise one or more rights belonging to the owner under the copyright on a shared basis.” NOLO Patent, Copyright & Trademark: Part 2 - Page 272-273. The second question was, 'As an employee under a non-disclosure contract, am I prohibited from using skills learned from the company for freelance work.' I am curious to know if my surrender to this disclosure will stop me from furthering my income from other sources other than my job. "A non-disclosure agreement (NDA), also known as a confidentiality agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties.” These are just some of the important questions and more to come in the next episode.

Week 9: First Amendment & the News

"With respect to the individual down in Florida, let me repeat what I said a couple of days ago. The idea that we would burn the sacred texts of someone else's religion is contrary to what this country stands for," Obama said. "My hope is this individual prays on it and refrains from doing it." Quoted from www.miamiherald.com. I personally Pastor Jones from Gainsville Florida is insane and his plans for burning a holy book (The Quran) are ridiculous. The fact that it in protest of a Masjid (mosque) that’s proposed to be built in New York and not Florida only proves ignorance and misuse of the first amendment right. This would only cause misunderstanding between believers of Muslim faith and Christianity be the Catholics or Protestants all over the world and not only in America. It will create riots and violence amongst believers. American will not be safe because this would create an excuse for Jihads and terrorist bomber to attack America both local and occupations in foreign grounds. The Rev. Terry Jones from the Dove Outreach Center in Florida triggered outrage when he promised to burn the Koran on the anniversary of the Sept. 11 attacks.
Thousands of Afghans are protesting a small American church's plan to burn the Muslim holy book. At least 11 people have been injured. Police in the northern province of Badakhshan say several hundred demonstrators ran toward a NATO compound where four attackers and five police were injured in clashes. Protesters also burned an American flag at a mosque after Friday prayers. Muslims see Quran burning threat as targeting the direct word of God. The Quran is the most sacred object in the daily lives of Muslims and burning it would be considered an offense against God. Islam teaches that the holy book is the direct word of God, received by the Prophet Muhammad through the angel Gabriel, and it defines the belief and conduct for followers of the religion. I believe that the people behind Pastor Jones evangelic church have not had the opportunity to read a page of the Quran, and their participation in burning the holy book will be out of ignorance. Such leaders that misuse their role in society by giving wrong guidance and teaching the wrong message should be stripped of their privileges. They act with no consideration of humanity, other people's lives and their followers.

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

Class BUS250H Contracts, Negotiations and Copyrights
Judge or Lawyer’s Name: Ronald S. Sugarman
District or Firm’s Name: Ronald S. Sugarman & Associates

Apparently the attorneys in Nevada are either too rich to care about the next client or are too busy with their schedules. I have tried calling an attorney to create a relationship to answer a few question that am required to blog about in my class and the most I have gotten is their secretary telling me he/she will call me back when they get back from courtroom. I have therefore decided and chosen an attorney in Los Angeles California that I had the pleasure doing business with. His name is Ronald S. Sugarman and the name of his Law firm is Ronald S. Sugarman and Associates. He is an immigration attorney that has been practicing Law for over 30 years. He was a criminal attorney prior to switching over to immigration law. And before that, he was a prosecutor for the city of West Los Angeles. I would have preferred to get a Patents & Copyrights attorney to answer my questions of concern, but since all efforts is in vain at the moment, I strongly feel that Mr. Sugarman will at least answer most of the questions having been practicing law for a long time and has also dealt with different types of law practice. On the other hand, I have used him before as my representative in a case that I prefer not to disclose the details, but all I can say is that I was successful. One of the questions of my concerns is, “What is the average price to keep an attorney on retainer?” I believe he’ll be able to answer such a question because I have personally had him on a retainer before and I believe fees do not differ that much between attorneys. Having previously been a criminal attorney, am sure he’s knowledgeable about citizen rights be it business of legal battles. If I am unable to get all answers from him, am still on the hunt for a Patent & Copyrights attorney or Business attorney.

EOC WEEK 8: Legal Questions

1. If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?
2. If I’m asked to sign a non-disclosure agreement. Can I use the skills that I developed in the company to earn money through free lance work?
3. As a designer working for an employer. Can part of a design from that company be considered a trade secret that I’m prohibited from using any work that was not solicited from within the firm?
4. If I come up with an original idea during employment with a company, who owns the rights to it, myself or the company? Is there any way I can make it my own to sell to others?
5. How much do you charge to read a contract and advise/interpret it for me?
6. If a company give you a design and didn’t know it was inspired by another company and you didn’t know anything about it, can you still be sued?
7. If there’s an ownership of idea in a contract, what types of word or clause to look for?
8. What is the best response to a non compete disclosure contract? (what’s the best way to handle it)
9. What rights do I retain when using company software?
10. In a series, do you copyright individually or as a series?
11. What is the average price to keep an attorney on retainer?