Background: Google controls a search engine that has access to numerous websites online. When a computer user types a phrase in the search engine, the websites related that phrase shows up. Google then sends text, videos or images also related to that phrase to the user’s computer. The “Google images” allows users access to smaller images called “thumbnails”, which are stored in third-party computers. If a user clicks on the image, they are then directed to a new HTML instruction page. Once they follow these instructions they can download full-sized images from the third-party computers. This process of directing another user to access third-party material in one window is called “in-line linking.” Furthermore, Perfect 10 an adult entertainment …show more content…
The Ninth Circuit like the District court used elements of the precedent case Kelly v. Arriba Soft Corp. to make their decision. (In this case, a photographer (Kelly) brought and infringement claim against an owner of an internet search engine (Arriba Soft Corp) which like this case, provided images of the photographer’s expression. The court held Arriba’s use of the thumbnail was considered fair use due to added on expression of the original work and how it benefited the public.) (1) The purpose and character of the use: Does the new work “transform” the original work with new forms of expression added or does the new work simply copy the original work without any new forms of expression? The Court of Appeals in the Ninth Circuit ruled in favor of Google they argued that Google’s thumbnails transformed the original image from a means of entertainment, to a source of information in turn, educating members of society. (2) Nature of the copyrighted work: Is the new work that was copied published or unpublished? Likewise, is the new work that was copied fictional or truthful? While Perfect 10 added new forms of expression to the images on their site, these images were previously published. Under the first publication right it is the choice of the original author of the expression to determine when, where and how their work will be displayed. Unfortunately, Perfect 10 disregarded his right when they placed the images online for profit. As a result, the majority ruled that Perfect 10 does not have the same protection privileges as the original author for unpublished expressions. (3) The amount and substantiality of the portion: Was the amount used an extensive portion to the copyrighted work as a whole? The court referred to the Kelly v. Arriba Soft Corp. case claiming, “It was necessary for Arriba to copy the entire image. If
user suficient control that she is not overwhelmed by undesirable URL's of the spots she pases
Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were
Sylvia Burwell Secretary of Health and Human Services Petitioners vs Hobby Lobby Stores and Conestoga Wood Specialties Corporation vs Secretary of Health and Human Services (U.S 2014)
Jerry Hargrave, plaintiff, was convicted of the attempted murder of Shirley Mae Gill (the victim), in a trial by the court under Va. Code. 1950 § 18.2-51. The plaintiff and Ms. Gill, his common-law wife, had been drinking in the earlier part of the day in question. Sometime later, they disputed about the plaintiff moving out of the home they shared to begin a relationship with her sister. At which time victim refused to surrender the plaintiff’s property. Following, the plaintiff left the premises, returning shortly after with a rifle in hand standing 10 feet away from victim, and then shooting a bullet into a washing machine that was three feet way from the victim. The plaintiff was sentenced to a term of 4 years in the State penitentiary.
A) If tom finalized the loan agreement before the partnership is formed, he is negotiating the agreement on behalf of him personal. According to Georgia law, an agreement becomes enforceable when there is a meeting of parties’ minds “at the same time, upon the same subject matter, and in the same sense.” Cox Broadcasting v. National Collegiate Athletic Ass'n, 250 Ga. 391, 297 S.E.2d 733, 737 (1982). The letter of intent before the partnership formation was not applied under I.R.C §721 to be an exchange of property and Tom would have to recognize a gain in exchange of partnership interest. Also, if he negotiated the letter of intent to get a loan for the partnership because of his experience in the real estate business, he is rendering a
The provider in the case I chose from 2014 held the license of Licensed Clinical Social Worker.
Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages spoken in New York. This can make meeting timelines difficulty since children must be tested in their native language. Although it is imperative that students receive the education that they need it can be very difficult to meet timelines in certain
Throughout this experience i learned more about myself than i thought possible. But during the volunteer hours that i performed, i completely broke out of my quiet shell. When i started my journey off at a children's sports and adventure camp, it helped me to become a leader, as well as a facilitator. I had to organize, and instruct activities daily. This helped me to become a problem solver as well as a communicator beause of the fact that in dealing with children, youll always run into some delema that youll have to deal with.
Fair use, a well-established doctrine of copyright law, is explicitly stated in Title 17, Section 107 of the U.S. Code. It protects copying “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.” Also very relevant to the issues raised by this lawsuit is the final
Perhaps the abundance of disagreement reflects the difficulty of the problem” writes Leval in his article. He also wrote “we can nonetheless gain a better understanding of fair use and greater consistency and predictability of court decisions by disciplined focus on the utilitarian, public-enriching objectives of
In his essay, “Is Google Making us Stupid?”, Nicholas Carr contemplates the way companies can now collect data, “The faster we surf across the web – the more links we click and pages we view – the opportunities Google and other companies have to collect information about us and feed us advertisements,” (Carr 27). Everything done on the internet, every little thing put into the search bar, can be seen and studied. Advertisements are personally geared towards people based on what they search, and apart from this being a huge annoyance, some are falling into this advertisement “trap”. Moreover, the same can be applied for scams, which are also rampant across the internet. Shady links and URLs appear based on what one may search, that lead to the doom of identity theft or malware.
When humans entered the Iberian Peninsula almost 32000 years ago, the first civilization of Spain was formed. Since then, the country has traveled from an era of prehistoric Iberia to the Middle Ages to a rise as an empire and a member of the European Union .
Enlightenment ideas paved the way for imperialism. Humans were thought to be ultimately good and that their actions led only to improvement. Imperialism was viewed as the gate that would improve the savage ways of inferior nations. Writers at the time of the nineteenth and twentieth century had contradictory ideas; Rudyard Kipling and Jules Ferry had similar views that it was their right as the superior race to improve the lives of indigenous and native people, while Anna Manning Comfort argues that a country must first resolve the problems within before they try to help others. J. A. Hobson’s argument ties in with Comfort’s that a country should stay within boundaries because, otherwise, they are invading a foreign land and exploiting its people. Comfort and Kipling both address the white man’s burden, but what their works truly reveal is the different mindsets of the time.
Sergey Brin noted, “Some say Google is God. Others say Google is Satan. But if they think Google is too powerful, remember that with search engines, unlike other companies, all it takes is a single click to go to another search engine.” Nicholas Carr’s essay challenges this assertion. Nicholas Carr believes even though there are multiple search engines, “the faster we surf across the Web-the more links we click and pages we view-the more opportunities Google and other companies gain to collect information about us and to feed us advertisements.” This topic elicits such strong responses because technology is a part of our everyday lives. Technology is only becoming more advanced and will continue to be a source of debate for all who use it.
Prisons are an institution designed to securely house people who have been convicted of crimes. These people are known as convicts, prisoners, or inmates that are kept in custody for a certain amount of time. The type of crime decides the length of the sentence. In the state of Kentucky, there are 13 state prisons. "The United States hold more than 1.3 million people in 1,749 state prison" (https://www.prisonpolicy.org/reports/pie.html). Prison is not a place for most people: sitting in a cell twenty-three hours of the day, working with little to hardly no pay, and constantly chained like an animal.