Software Piracy beyond the Street Corner Essay -- Technology Lawsuits

Programming Piracy past the Street Corner On January 23, 2003, the world’s driving PC organizing gear producer Cisco Systems, headquartered in San Jose California, recorded a claim against China-based Huawei Technologies and its United States auxiliaries Huawei America and FutureWei Technologies. In the claim, Cisco asserted that Huawei took protected innovation by replicating its Internet Operating System (IOS) programming and its copyrighted client manuals. Cisco likewise guaranteed that Huawei encroached on its licenses. After various bombed endeavors to determine these grievances straightforwardly with Huawei, which incorporated a stop this instant letter to one of Huawei’s United Kingdom merchants, Cisco concluded that a claim was important to secure the organization and its shareholder’s advantages. The claim was handled through United States District Court for the Eastern District of Texas. This paper will give a review of this milestone case and examine whether each organization had an alternate perspective on morals that started from contrasting social points of view. I. Case Background Cisco Systems’ 77 page grumbling recorded in the United States District Court for the Easter District of Texas requested a preliminary by jury in light of Huawei’s misappropriation and protected innovation encroachment in the advancement of its contending Quidway switches. One of Huawei’s United States based entirely claimed auxiliary, FutureWei, is situated in Plano, Texas; the other auxiliary Huawei America is situated in California’s Silicon Valley, close by Cisco Systems’ base camp. The China-based parent organization is a multi-billion dollar company that has fabricated system and broadcast communications hardware since 1988. Huawei showcased its Quidway switch... ... â€Å"Huawei: Cisco Code is Gone,† April 15, 2003, http://www.lightreading.com/document.asp?doc_id=31253 [3] â€Å"Cisco Wins Huawei Injunction,† June 9, 2003, http://www.lightreading.com/document.asp?doc_id=35058 [4] â€Å"Managing in the Multicultural Environment†, Charis Intercultural Training Corporation, 2004. [5] â€Å"Differences of Opinion: The Cisco-Huawei Lawsuit†, The Hoffman Agency, China High Tech PR Newsletter, http://www.chinahightechpr.com/fullArticle.cfm?code=284 [6] â€Å"WTO Ministerial Conference Approves China’s Accession†, November 10, 2001 Press Release, http://www.wto.org/english/news_e/pres01_e/pr252_e.htm [7] The United States and China: Intellectual Property Rights (IPR) and Protection, http://usinfo.state.gov/provincial/ea/iprcn/ [8] Baase, S.; A Gift of Fire, second version, Prentice Hall, 2003. Banners got from http://www.enchantedlearning.com

Communication Encourages Learning Essay -- Education Teaching Papers

Correspondence Encourages Learning The homeroom should be an open gathering wherein understudies and educators are permitted and urged to impart insights and encounters. At the point when this correspondence separates the learning condition additionally comes up short. I was in the main evaluation and one of the understudies in our group was attempting to express something to the instructor. Clearly this was not a genuine animating discussion as we were just in the primary evaluation. At the point when the understudy began talking the instructor got aggravated and advised the understudy to quit talking. The understudy attempted again to express something to the educator, now the instructor went ballistic shouting and shouting for the class to be very and not talk. This educator continued to put the understudy in the corner to rebuff her, when the understudy again attempted to express something to the instructor, the educator attached her to her seat and requested everybody in the space to remain quiet. Watching this s howcase enormously affected all the individuals in that room. We as understudies felt that we didn't have anything of significant worth to state, and along these lines ought not make some noise. We additionally took in a dread of responses that may drop by communicating what we needed to state. Luckily since this experience I have not experienced another such instructor, and have had educators who have made a special effort to empower class conversation. I think it is additionally significant for educators to know about the games understudies are playing. My sister and I can both was in grade school and playing game like the rancher and the dell, in this game children remain around and one understudy calls different understudies into the hover to be a section in the melody. The issue with this is the children who are very or timid will in general get left out, and ... ...icate is in the homeroom, where they invest the vast majority of their energy. On the off chance that individuals can speak with one another, and have an understanding that not every person will concur, at that point they will be considerably more beneficial throughout everyday life. They will have the option to express what is on their mind while simultaneously hearing another perspective. This ability is basic to endurance in our developing and evolving society. WORKS CITED Cheney, Lynne V. PC: Alive and Entrenched. The Presence of Others. Comp. Andrea A. Lunsford and John J. Ruskiewicz. New York: St. Martins, 1997 112-123. Snares, Bell. Keeping Close to Home: Class and Education. The Presence of Others. Comp Andrea A. Lunsford and John J. Ruskiewicz. New York: St. Martins, 1997 85-96. Rose, Mike. Lives on the Boundary. The Presence of Others. Comp. Andrea A. Lunsford and John J. Ruskiewicz. New York: St. Martins, 1997 97-111

Quick Fixes for Common Legal Writing Mistakes

Quick Fixes for Common Legal Writing Mistakes Lets face it: legal writing is difficult. However, there are many quick fixes that can help you to establish a clear, understandable style. Below are my top 20 tips for improving your legal writing.Defined terms should be consistent. If you tag Bill Smith as the Plaintiff, call him the Plaintiff throughout the entire document, not Mr. Brown, Brown, Billy or whatever other name you think will spice up your brief.If you label something A, there must be a B. If used correctly, headings are a great way to organize your brief and give the reader an overall picture of your argument. Headings and subheading should preview each section of legal text. Further, they should be similar in content, grammar and placement.Avoid conclusory language. A conclusion, standing alone, will not persuade your reader. To build a persuasive argument, you must cite to the specific facts and legal authorities that support your conclusion. You cannot simply tell the reader that the Defendant was clearly negligen t. Rather, you must provide the reader with the facts and reasons necessary for him to conclude that the Defendant was indeed negligent.Avoid superfluous language and use plain English. Although every legal education includes the mastering legal terms, part of becoming an effective legal writer is shedding the archaic, the legalese, and the Latin. Too often, those legal words do nothing but make the text sound like a lawyer wrote it. Usually, there are many more effective, reader friendly alternatives that say the same thing. A good rule of thumb is to use legal words correctly but sparingly, and only when necessary.Avoid colloquialism. Legal writing is formal writing. Therefore, you cannot simply write how you might talk in ever day, casual conversation. Most importantly, slang should always be avoided. For example, it would be inappropriate to write, Mr. Brown kicked the bucket on X date. You should simply write, Mr. Brown died on X date.Avoid being catty, snide or sarcastic. It m akes you look childish, immature and unprofessional. It does not add anything to your legal argument. Moreover, judges despise it!Ensure dates, names and amounts are consistent. This simply requires careful attention to detail. I suggest reading through your draft and checking that all of the names are consistent, i.e. you have not started referring to James Smith as Jim Smith halfway through the brief. Next, check that your dates are accurate and in chronological order, if applicable. Finally, double-check any monetary amounts, paying special attention to any parenthetical numerical amounts and their corresponding written amounts.Triple check references to exhibits and affidavits. As with the above, this is primarily an exercise in proofreading and organization. Although it is often tedious, it can prevent embarrassment down the road. You do not want the judge to have to look through all of your exhibits because you mistakenly referred to the demand letter as Exhibit A when it is r eally Exhibit C.Commas and periods go inside quotations. Commas and periods go inside quotes. Always. No exceptions. Quotation marks are used incorrectly in so much legalâ€"and non-legalâ€"writing that most people arent sure what is in fact correct. To further confuse writers, the opposite is true in British English!Beware of over-chronicling. Some dates are very important, but most are not. When the date of every event is listed, it is difficult for the reader to discern which, if any, are relevant to the merits of the case. So unless the exact date is important and should be remembered by the reader, leave it out.Show, don t tell! In your fact section, include concrete examples and citations to relevant documents. This is far more convincing than your opinion or characterization of the facts.Words like obviously and clearly hurt more than help your writing. If you have to emphasize your argument with these words, chances are your argument is not very strong is the first place. Alt hough it seems paradoxical, eliminating these words from your writing actually makes it stronger and enhances your credibility.Its means it is. Its means belonging to it. Enough said.Resist the temptation to use a large word when a small one will do. For example, in most situations, the word use is fine and the word utilize is a bit much.Be brief and to the point. You do not want the reader to be exhausted, physically or mentally, by the time he or she is done reading your brief. I have yet to put down a brief and say, I wish that had been longer, U.S. Supreme Court Chief Justice John G. Roberts Jr. has said.Always give the pinpoint page cite. Should you not give the pinpoint page cite, it suggests to the judge that you are either lazy or that you have accurately recited the holding of the case.Don t be bossy. Avoid telling the court what it must or cannot do. Instead, simply assert that the court should not hesitate to grant the relief your client seeks.The Bluebook is your friend. When it doubt as to a legal citation, look it up. The Bluebook is surprisingly user friendly. Never rely on the citations given in published opinions or by legal research tools, as they are not always correct.Save ample time for proofreading. Typographical mistakes, grammatical errors and incorrect citations can harm your credibility. Take the time to carefully proofread your document and do not simply rely on your word processor s spell and grammar check as they miss many errors. If possible, ask a friend or colleague to review the brief as well.Revise and rewrite, repeat as necessary. It often takes several drafts to attain the virtues of brevity and clarity. Even when you think you have arrived at the final product, take some time and then revisit the draft so you can better evaluate it with a fresh eye.There you have it. I hope my perspective helps you to refine your legal writing skill set. Like any discipline, it takes a lot of practice and trial-and-error, but with time you should be able to master these quick fixes.