WalMart Case Essay Research Paper WalMart Copyright — страница 3

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others to use. The final decision is expected within two weeks and Ebay agree to post a bond payment of about $50,000 to cover any loss to Bidder s Edge if the court concludes the injunction was wrongfully issued. LAWS: Fraud refers that the deception of another person for the purpose of obtaining money or property from him. Computer Fraud is that one obtains money or property from another by using computer technology or Internet. This action is also considered as Crime and involves in Copyright Law under Intellectual-Property. Copyright infringement is easy on the Internet. Current Copyright law is uncertain and does not specifically protect copyrighted material on-line. Copyright Act: 1. Digital Transmission, 2. Grant the copyright holder ownership of all on-line distribution

rights, 3. Eliminate the fair use exception for electronic transmission, 4. Make it a crime to disable anti-copying techniques on-line. Preliminary Injunction: A court orders a person either do or stop doing something. COMMENT: In the 21st century, Internet becomes common for individual household, but there is not a specified law to guild the e-world. Legislation should come out a clear rule to restrict the violation of copyright issues and computer fraud over Internet. If Bidder s Edge is proved for violation of Computer fraud and Copyright, they should be found enforced. By doing so, it can also warn other people and companies to respect intellectual-property and stop them by steal/copy information from other Web Site for commercial uses. HATE-CRIME: who has right to decide the

Sentencing? Judge? Jury? CITE: March 28th, 2000 New York Times FACTS: A Supreme Court argument on March 28th, 2000 on the constitutionality of New Jersey s unusual sentencing procedure for hate crimes, the justices appeared troubled by the state s law as well as the broader implications of overturning it. New jersey and North Carolina are the only two states specify that the finding need not be beyond a reasonable doubt, and by a preponderance of the evidence in which judges are authorized rather than Juries to make the finding that bias was the motive certainly. A recent case of unlawful possession of a firearm has been challenging New Jersey s Ethnic Intimidation Act. In the case, Mr. Apprendi received a sentence of 12 years instead of maximum of 10 he could otherwise have

received. On the other hand, Justice O Connor asked Mr. O neill who is the defendant s lawyer to note that in some states it is the judge who decides, after a jury s finding of guilt. Justice Stephen G. Breyer, an author of the federal sentencing guidelines told Mr. O niell: if I agree with you, I guess I m holding the Sentencing Commission unconstitutional because judges, not juries, apply the various factors that determine a defendant s sentence. The court has struggled in several recent cases over where to draw the constitutional line between the respective roles of judge and jury in laws that provide for longer sentences when, for example, the defendant has used a gun in the commission of a crime or has a criminal record. In this decision last June upholding Mr. Apprendi s

sentence, the New Jersey Supreme Court acknowledged the ferment in this area of criminal law and said, the final word on this subject will have to come from the United States Supreme Court. Lisa S. Gochman, a deputy attorney general from New Jersey, who argued in defense of the law, emphasized the difference between intent and motive in criminal law. Whether a defendant had the requisite intent to commit the crime, essential to the finding of guilt, remained as it always has been, a question of motive, or why the defendant committed the crime, was traditionally treated as a sentencing factor, she said. A pointed response to this argument offered by Justice Thomas, You argue that if it s an element of the offense it goes to the jury and if it s a sentence enhancement it goes to

the judge, and the difficulty I have is that you nowhere define what the distinction is. LAWS: Under the Sixth Amendment s right to trial by jury, there was an unbroken tradition that it was the jury that had to find the facts that could increase the sentence. COMMENT: No matter what the outcome of the argument would be, there a FAIR JUDGEMENT must be made. In my point of view, it is not fair to leave the power of sentencing the crime on a person, Judge. Jury should have the power to find and to sentence the crimes, not judge, in order to avoid the bias judgement and discrimination. However, judges can have the power to extend the length of sentence up to the maximum based on the law. For example, in the case of Mr. Apprendi, he received a sentence of 12 years instead of maximum