Copyright in the Information Society - Free Essay Example

Sample details Pages: 7 Words: 2082 Downloads: 3 Date added: 2017/06/26 Category Information Systems Essay Type Analytical essay Level High school Tags: Information Essay Did you like this example? Copyright in the Information Society An Opportunity Missed The advent of the so-called à ¢Ã¢â€š ¬Ã‹Å"Information Superhighwayà ¢Ã¢â€š ¬Ã¢â€ž ¢ has thrown into sharp focus the importance of copyright and its protection of, in particular, works of literary, artistic and musical merit. Lloyd opines: à ¢Ã¢â€š ¬Ã…“If the invention of the printing press resulted in a move from an oral to a written tradition at the price of chaining information to the pages of a book, the information revolution frees information in the sense that it may be readily transferred without the need for linkage to paper or any other form of storage device.à ¢Ã¢â€š ¬Ã‚  [Lloyd, pp.495-6, 2004] A comprehensive Green Paper[1] was published by the European Commission in 1995 which led eventually to the adoption in May 2001 of the Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society[2] (à ¢Ã¢â€š ¬Ã…“the Directiveà ¢Ã¢â€š ¬Ã ‚ ). This has led in this jurisdiction to the implementation (albeit after the deadline set by the Directive) of the Copyright and Related Rights Regulations 2003 (in force 31 October 2003) which makes a number of changes to the previously pre-eminent domestic legislation, the Copyright, Designs and Patents Act 1988. Don’t waste time! Our writers will create an original "Copyright in the Information Society" essay for you Create order This notwithstanding, significant concerns remain as to certain aspects of the Directive. In particular, it is to be doubted whether the EUà ¢Ã¢â€š ¬Ã¢â€ž ¢s Information Society programme has been successful or is even of itself capable of addressing the issue of copyright protection in the digital age. The aim of the Directive was noble: first, it sought to bring the Community into line with the WIPO à ¢Ã¢â€š ¬Ã‹Å"Internet Treatiesà ¢Ã¢â€š ¬Ã¢â€ž ¢; second, it sought to harmonise various aspects of copyright law within the Community. However, it has emerged as arguably à ¢Ã¢â€š ¬Ã…“neither fish nor fowlà ¢Ã¢â€š ¬Ã‚ . The ambivalent aims of the measure are reflected by Recital 5 of the Directive: à ¢Ã¢â€š ¬Ã…“Technological development has multiplied and diversified the vectors for creation, production and exploitation. While no new concepts for the protection of intellectual property are needed, the current law on copyright and related rights should be adapted and su pplemented to respond adequately to economic realities such as new forms of exploitation.à ¢Ã¢â€š ¬Ã‚  While the above clearly acknowledges the impact of technological development, it lamely and complacently concludes that existing intellectual property protection is largely adequate. The radical impact of the internet with its introduction of hitherto unforeseen methods of copying is relegated in importance to à ¢Ã¢â€š ¬Ã…“new forms of exploitationà ¢Ã¢â€š ¬Ã‚  which in their turn are categorised merely as contemporary à ¢Ã¢â€š ¬Ã…“economic realitiesà ¢Ã¢â€š ¬Ã‚  rather than recognised as the revolutionary emergence of wholly new challenges to previous concepts of copyright protection. On a procedural level, Hugenholtz is scathing: à ¢Ã¢â€š ¬Ã…“The result of this over-ambitious undertaking has been predictable. The Directive is a badly drafted, compromise-ridden piece of legislation. It does not increase à ¢Ã¢â€š ¬Ã‹Å"legal certaintyà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢ ‚ ¬Ã‚ ¦but instead creates new uncertainties by using vague and in places almost unintelligible language.à ¢Ã¢â€š ¬Ã‚  [Hugenholtz, p.501, 2000] Worse still, is the dilution of the provisions in Respect of Reproduction Right in Article 2 by the effect of Article 5. Article 2 requires Member States to provide for the exclusive right to authorise or prohibit reproduction of literary works, fixations of performances, phonograms, films and broadcasts. However, Article 5 allows States to provide for exceptions or limitations to the reproduction right in Article 2 in an extensive range of situations. With the exception of those referred to in Art. 5(1), adoption of such exceptions is optional. It is conceivable therefore that the ultimate impact upon national law may be very limited with à ¢Ã¢â€š ¬Ã…“cherry pickingà ¢Ã¢â€š ¬Ã‚  by Member States so as to cause as little disturbance as possible to their existing copyright laws. Hugenholtz (ibid.) expresses the view that in terms of the avowed aim of harmonisation, this latitude renders the Directive a à ¢Ã¢â€š ¬Ã…“total failureà ¢Ã¢â€š ¬Ã‚ . Further, there is scope for considerable concern as to the substantive impact of certain aspects of the Directive where it is implemented domestically. There is a potentially devastating impact upon software development. At present, ss.50B and 296A of the Copyright, Designs and Patents Act 1988 permità ¢Ã¢â€š ¬Ã¢â€ž ¢s the à ¢Ã¢â€š ¬Ã…“reverse-engineering of copyrighted software programmes in order to allow the development of an interoperable product. While this has hitherto been regarded as highly desirable, the fear must exist that in future software companies with a dominant position in the market will invoke copyright protection to prevent the necessary decompilation of their program in order to à ¢Ã¢â€š ¬Ã…“squeeze outà ¢Ã¢â€š ¬Ã‚  competitors. While this might at first sight seem fanciful, it is already a commercial reality. In America, a compara ble provision was invoked by Sony in requiring a programmer of a robotic dog to remove code from his website on the ground that the release of that code had effectively infringed their copyright[3]. Even Article 5(1) which is referred to with approval in the procedural context of exceptions above is not immune from criticism. The issue raised is that of so-called à ¢Ã¢â€š ¬Ã‹Å"cachingà ¢Ã¢â€š ¬Ã¢â€ž ¢. Article 5 provides: à ¢Ã¢â€š ¬Ã…“1. Temporary acts of reproduction referred to in Article 2, which are transient or incidental [and] an integral an essential part of a technological process and whose sole purpose is to enable: (a) a transmission in a network between third parties by an intermediary, or (b) a lawful use of a work or other subject matter to be made, and which have no independent economic significance shall [emphasis supplied] be exempted from the reproduction right provided for in Article 2.à ¢Ã¢â€š ¬Ã‚  The practical application of this is expl ained in part of Recital 33: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦this exception should include acts which enable browsing as well as acts of caching to take place, including those which enable transmission systems to function efficiently, provided that the intermediary does not modify the information and does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information.à ¢Ã¢â€š ¬Ã‚  This seems on its face uncontroversial. However, when one considers the reality of internet use, the viewing of information on a web page will almost inevitably involve the making of a copy on the viewerà ¢Ã¢â€š ¬Ã¢â€ž ¢s own equipment. In this context, the inclusion in the Article of the phrase à ¢Ã¢â€š ¬Ã…“integral and essentialà ¢Ã¢â€š ¬Ã‚  appears therefore to add nothing to the protection thus afforded. By contrast, while the practice of caching is intended to be exempted from prohibition, this may in its turn fall fou l of the provision if it is not to be regarded as à ¢Ã¢â€š ¬Ã…“essentialà ¢Ã¢â€š ¬Ã‚ . Of particular concern to Universities, libraries and the disabled is the ability to control a file format. This means that the published of electronic books will be able to impose the use of its own reader upon the potential user of such a resource. Maintaining the requisite range of readers will be beyond the capacity of most such institutions and will reduce if not eliminate the ability to make copies of books for private study. As to the impact upon the disabled, the blind, for example, will be constrained in terms of the use of devices which render such materials into accessible formats. Such concerns stem from the provisions of Article 6(1) which requires Member States to à ¢Ã¢â€š ¬Ã…“provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that h e or she is pursuing that objectiveà ¢Ã¢â€š ¬Ã‚ . Technological measures are defined by Art. 6(3) as: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦any technology, device or component that, in the normal course of its operation is designed to prevent or restrict acts, in respects of works or other subject-matter, which are not authorised by the right holderà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ . The implementation of these and consequential provisions by the 2003 Regulations (supra) result in the new s.296ZB of the 1988 Act which makes it an offence to sell, possess, distribute etc. à ¢Ã¢â€š ¬Ã…“and device, product or component which is primarily designed, produced or adapted for the purpose of enabling or facilitating the circumvention of effective technological measuresà ¢Ã¢â€š ¬Ã‚ . This is capable of leading to absurdity: if one takes the example of a laser which might be used to reproduce a hologram, it might be argued that this, if not à ¢Ã¢â€š ¬Ã…“primarily producedà ¢Ã¢â€š ¬Ã‚  c ould be at least à ¢Ã¢â€š ¬Ã…“adaptedà ¢Ã¢â€š ¬Ã‚  for the illicit process of circumvention in which case possession of such a device would become an offence! Less flippantly, such regulation is capable of having a significant impact upon copying for private purposes. Traditionally, there has always existed a tension within intellectual property law as a result of the development of certain types of equipment (consider the now ancient opposition to the introduction of twin deck cassette recorders. However, across the whole range of potential circumvention activities, the sanctions imposed by the Directive are Draconian. In a paper for the Foundation for Information Policy Research, Anderson describes a scenario in which even before a substantive hearing took place, an independent games manufacturer being pursued by a large corporation such as Sony for making compatible memory cartridges might be liable to have their stock seized under Art.8, forced to disclose correspondence with their suppliers under Art.9 or have their bank accounts frozen under Art.11. On a similar principle to that discussed above, the equipment used to manufacture the cartridges could be banned as an illegal technical device under Art.21. In conclusion, it must be conceded that the Information Society Programme of the European Union is a vast undertaking the objects of which are admirable. The gestation period of the Directive was long and at times tortuous. (It might be observed that there was a degree of wasted labour in this process since the WIPO Internet Treaties were already in place and the development of the Directive could be argued to have involved a great deal of duplication with the end result that the promulgation of the Directive and its adoption by Member States was unnecessarily delayed in the process. Perforce in a submission of this length, it is not possible to do more than highlight certain of the more glaring anomalies and deficiencies in the provision. It is submitted that these in themselves are sufficient to give considerable cause for concern and represent particular examples of the difficulty of legislating for copyright in the digital age. However, such examples are merely symptoms of a much more fundamental malaise. Lloyd, at the outset hereof, likens the shift from the concept of copyright that subsisted up to the end of the twentieth century to the principles which should be applied to internet technology to the radical transition that took place from the oral tradition to a document-based system with the invention of the printing press. Adopting this example, just as the distribution of printed works required the development of an entirely new set of hitherto unfamiliar legal principles in order to protect the rights of the originators of works, the advent of the information society requires just such a fundamental reappraisal. It is in this respect that provisions such as the EC Directive have failed. The Directive and the domestic legislation that flows from it can be characterised as a clumsy attempt to à ¢Ã¢â€š ¬Ã…“bolt-onà ¢Ã¢â€š ¬Ã‚  established intellectual property principles to a novel and alien technology. This is why so much of the current copyright legislation as it applies to the Information Superhighway is at best strained and at worst unworkable. The precious opportunity to develop a new legal regime for the protection of originality in a new era has been missed. Bibliography Anderson. A., à ¢Ã¢â€š ¬Ã…“The Draft IPR Enforcement Directive A Threat to Competition and Libertyà ¢Ã¢â€š ¬Ã‚ , www.fipr.org/copyright/draft-ipr-enforce.html Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, 2001/29/EC, 22 May 2001 European Commission, Communication on Copyright and Related Rights in the Information Society, www.europa.eu.int/rapid/pressReleasesAction.do European Commission, Copyright and Related Rights in the Inf ormation Society, 19.07.1995 COM 95 final Europeà ¢Ã¢â€š ¬Ã¢â€ž ¢s Information Society Thematic Portal, www.europa.eu.int/information_society/text_en.html Torremans, P, [2005] Holyoak Torremans Intellectual Property Law, OUP, Oxford Hugenholtz, B., à ¢Ã¢â€š ¬Ã…“Why the Copyright Directive is Unimportant and Possibly Invalidà ¢Ã¢â€š ¬Ã‚ , EIPR 11, pp.501-502 Lloyd, I., [2004] Information Technology Law, OUP, Oxford Lloyd, I., [2000] Legal Aspects of the Information Society, Butterworths, London Midgley, J., à ¢Ã¢â€š ¬Ã…“Critique of the Proposed UK Implementation of the EU Copyright Directiveà ¢Ã¢â€š ¬Ã‚  www.ukcdr.org/issues/eucd/ukimpl/critique_uk_impl.html The Patent Office, à ¢Ã¢â€š ¬Ã…“The Copyright Directive (2001/29/EC UK Implementationà ¢Ã¢â€š ¬Ã‚ , www.patent.gov.uk/about/consultations/eccopyright/impact.html Reed, C. [2000] Internet Law: Text and Materials, Butterworths, London www.europa.eu.int/comm/dgs/information_society/tex t_en.html Footnotes [1] COM (95) 382 final [2] Directive 2001/29/EC [3] See à ¢Ã¢â€š ¬Ã…“Teaching Robot Dogs New Tricksà ¢Ã¢â€š ¬Ã‚ , Scientific American, Jan 21, 2002 and discussion in Midgley, J., à ¢Ã¢â€š ¬Ã…“Critique of the Proposed UK Implementation of the EU Copyright Directiveà ¢Ã¢â€š ¬Ã‚  www.ukcdr.org/issues/eucd/ukimpl/critique_uk_impl.html

Statistics on Victoria, the Capital of British Columbia, Canada

Victoria is the capital city of the province of British Columbia, Canada. Victoria is a gateway to the Pacific Rim, is close to U.S. Markets, and has many sea and air links that make it a business hub. With the mildest climate in Canada, Victoria is known for its gardens and is a clean and charming city. Victoria holds many reminders of both its native and British heritage, and views of totem poles combine with afternoon tea. The focus of downtown Victoria is the inner harbor, overlooked by the Parliament Buildings and the historic Fairmont Empress Hotel. Location of Victoria, British Columbia Victoria is located on the southern tip of Vancouver Island.See a  map of Victoria Area 19.47 sq. km (7.52 sq. miles) (Statistics Canada, 2011 Census) Population 80,017 (Statistics Canada, 2011 Census) Date Victoria Incorporated as a City 1862 Date Victoria Became the Capital City of British Columbia 1871 Government of the City of Victoria After the 2014 election, Victoria municipal elections will be held every four years rather than three. Date of the last Victoria municipal election: Saturday, November 15, 2014 Victorias city council is made up of nine elected representatives: one mayor and eight city councillors. Victoria Mayor Lisa HelpsVictoria City Councillors Victoria Attractions Major attractions in the capital city include: Parliament Buildings, home of the BC Legislative AssemblyButchart GardensRoyal BC MuseumMaritime Museum of BCFairmont Empress HotelTrans Canada Trail Weather in Victoria Victoria has the mildest climate in Canada, and with an eight-month frost-free season flowers bloom year-round. The average annual rainfall for Victoria is 66.5 cm (26.2 in.), far less than in Vancouver, BC or New York City. Summers in Victoria are pleasantly warm and dry with an average maximum temperature in July and August of 21.8 °C (71 °F). Victoria winters are mild, with rain and the occasional light snow. The average temperature in January is 3 °C (38 °F). Spring can start as early as February. City of Victoria Official Site City of Victoria Capital Cities of Canada For information on the other capital cities in Canada, see Capital Cities of Canada.

Exercise And Training Program The Weight Management And...

1. HS 200: Pre-Requisite Test #1 Overall I got an 8.5% on this Pre-Req Test a. Strengths: I think my strengths were in the exercise and training program questions, the weight management and BMI questions, the questions on basic nutrition concepts, and some of exercise science vocabulary questions. Even though I took HS200 a few years ago it was a class I did well in. Also I took a few exercise science classes at my community college, and live an active lifestyle, so I think this helped me on this pre-req test b. Weaknesses: I wasn t familiar with certain vocabulary words like â€Å"progressive overload†, and â€Å"resting metabolic rates†. I additionally need to review the American College of Sports Medicine’s guidelines on the components of fitness, stretching, and the overall recommendations. c. Specific Action Plan: In order to stay on track in this class I will need to be very familiar with the theories, vocabulary, guidelines, and overall information I learned in my HS200 class. 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Work Place Discrimination-Free-Samples for Students-Myassignment

Question: To what extent can work place discrimination be effectively managed by human resources? Answer: The essay aims to address the question- to what extent can work place discrimination be effectively managed by human resources? Workplace discrimination is the burning problem in Australia and in many countries in the world. Talking about Australia, nearly a million people have faced workplace discrimination in recent years and it can take many forms. According to O'loughlin et al. (2017), in past two years, around 480,000 Australian workers reported having experienced workplace discrimination due to age. Everyone in three Australians experience racism in the workplace. Further sexual harassment is affecting Australian women disproportionately. Every one in 20 men and one in five women report experiences of sexual harassment in workplace Australia. Human resource managers may not be able to manage the workplace discrimination to a great extent. The essay will critically analyse the relevant resources related to workplace discrimination especially age discrimination, sexual harassment and racial discrimination and the way it can be avoided to address the essay question. The human resource department cannot stop sexual harassment at workplace. As per the standard protocol, a well trained human resource manger conducts immediate and impartial investigation whenever anyone experiences sexual harassment at work (Kensbock et al., 2015 pp. 36-50). The recent statistics of sexual harassment at workplace in Australia demonstrates how far things are from the standards. There is a wrong system in place to address such queries and concerns. Human resource management in many cases appeared to show biasness towards star performers. No action was taken against sexual harassment committed by excellent performers in the organisation. In several recent cases the HR mangers were found to support the alleged abusers instead of victims (Braithwaite Ahmed, 2015 pp. 20-26). It is argued by Fox and Cowan (2015, pp. 116-130) that in majority of cases in Australia and US, it was observed that HR mangers do not follow the basic compliance function. It seems that they misinterpret their mission of ensuring zero violations of law by the company as protecting the organisations from lawsuits. It is the not the scenario in most cases. HR managers provide sexual harassment training just to follow the basic rule set by Supreme Court in 1980s. If a company can prove itself that it has taken adequate measures to prevent harassment then by Supreme Court decision it is not liable for employees behaviour. Therefore, many middle and small size organisations only tend to maintain the preventive part of the standards by stating in guidelines about the Sex Discrimination Act or a short training. There are few organisations that handle sexual harassment at workplace however; it should be a visible commitment and requires an effective leader. It can be concluded that HR depa rtment fails to address the sexual harassment to a great extent in workplace due to reluctance, lack of skills and talent and poor position of this department in the organisational charts. HR managers fail to address racial discrimination in Australian workplace which is known as multicultural society. Human resource management on the name of preventing the racial discrimination at workplace only does teach its employees on how to treat those from other races and backgrounds. It is just the backdrop of tolerance when talking about the diversity and inclusion in workplace. In many workplaces the zero tolerance policies only cover the discriminations such as minorities making less money than the white counterparts. Zero tolerance does not really mean zero tolerance in most organisations (D'Netto et al., 2014 pp. 1243-1266). Some of the cases showed HR manager to victimise the employees for complaining the Australian Human Right Commission about racial discrimination. As per D'Netto et al. (2014) the HR style of diversity management in Australia especially in manufacturing sector uses legalistic compliance approach. The root cause of racial discrimination is not considering the diverse workforce as source of competitive advantage. Based on survey maximum small and middle size organisations were found to lack effective practices for diversity management. Various Australian manufacturing sectors have failed to recognise the overseas skills, capitalise on benefits, and value diversity. Other factors acting as barrier for HR department to handle the workplace racism are increased training costs, ineffective communication skills, and social isolation. In Australian workplace most migrant workers were found to be disadvantaged. HR management in several organisations is not relevant to prevent age discrimination. With the increase in aging population, age discrimination has become very common in Australian workplace. Age discrimination was also reported by the job seekers. More than 300,000 older Australianswhen applying for job feel to be judged unfairly (Macdonald Levy, 2016 pp. 169-190).As per UNSW Australian Business School, many agencies hire people at age range that cuts off at 40 or 45. It means mature labour forces cannot be expanded and its feasibility and validity is questionable. As per the age discrimination study conducted by the Human Rights Commission in 2015, many people over 50 looking for paid work are deprived of opportunities for promotion and training. The human resource managers are found to reinforce the negative attitude towards ageism at workplace. In many Australian job descriptions it is mentioned young and vibrant which is indirect signal to old workers that they are not welcomed (Martin et al. 2014 pp. 992-1018). The HR department does not keep pace with what is known as skilled based workforce due to anticipations and myths. Further, there is reluctance in HR manager and line managers to have transparent open conversations with mature-age workers. There is lack of awareness among these professionals about the true value of old workers and that old people are also talented (Conway Monks, 2017 pp. 585-606). Without a positive perspective on skilled based workforce and willingness to handle the stereotype about old workers skills the HR department cannot fix the age discrimination. Thus, it acts as a barrier to governments expectation that the aged people will remain in paid work. In conclusion, the workplace discrimination is the burning problem in Australia and many other developed countries. The essay discusses three areas of discrimination at workplace that are sexual harassment, racial and age discrimination. It is difficult for HR managers to handle these discriminations at workplace to a great extent. The preventive measures taken by HR department are just to flaunt the high company standards but not address these issues. The presence of age discrimination legislations or Racial Discrimination Act or Sex Discrimination Act does not seem to help HR mangers to prevent such discriminations. Only by changing the stereotyping attitude and including diversity and inclusion in true sense can the discrimination be handled. There is need to fours on long term corrective actions by the HR managers and use systematic approaches to what is known as individual problem References Braithwaite, V., Ahmed, E. (2015). The personal management of shame and pride in workplace bullying. Conway, E., Monks, K. (2017). Designing a HR System for Managing an Age-Diverse Workforce: Challenges and Opportunities. InThe Palgrave Handbook of Age Diversity and Work(pp. 585-606). Palgrave Macmillan UK. D'Netto, B., Shen, J., Chelliah, J., Monga, M. (2014). Human resource diversity management practices in the Australian manufacturing sector.The International Journal of Human Resource Management,25(9), 1243-1266. Fox, S., Cowan, R. L. (2015). Revision of the workplace bullying checklist: the importance of human resource management's role in defining and addressing workplace bullying.Human Resource Management Journal,25(1), 116-130. Kensbock, S., Bailey, J., Jennings, G., Patiar, A. (2015). Sexual Harassment of Women Working as Room Attendants within 5?Star Hotels.Gender, Work Organization,22(1), 36-50. Macdonald, J. L., Levy, S. R. (2016). Ageism in the workplace: The role of psychosocial factors in predicting job satisfaction, commitment, and engagement.Journal of Social Issues,72(1), 169-190. Martin, G., Dymock, D., Billett, S., Johnson, G. (2014). In the name of meritocracy: managers' perceptions of policies and practices for training older workers.Ageing Society,34(6), 992-1018. O'loughlin, K., Kendig, H., Hussain, R., Cannon, L. (2017). Age discrimination in the workplace: The more things change.Australasian Journal on Ageing,36(2), 98-101