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POSTED 10-23-14

Intellectual Property

The creation of ideas, methods, or inventions are known as intellectual property and are protected by law in the form of a patent, trademark, or copyright.  Intellectual property rights legally recognize the exclusive rights to creations of the mind, and any unauthorized use of intellectual property (such as infringement) may breach civil or criminal law.

An international patent system involves the Patent Cooperation Treaty (PCT) of 1970  (signed in Washington DC) providing a unified procedure for filing a patent, called an international application or PCT application.  To increase the certainty of global patent rights, the U.S. Patent and Trademark Office has established an Office of International Patent Cooperation.  

In short, it is any product of the human intelligence that law can protect. 

Patent Cooperation Treaty Members

Intellectual property rights affect all career fields, including the ideas or inventions of scientists and the creation of new poems or books of literary artists.  In short, it is any product of the human intelligence that law can protect.  All due respects are given to intellectual property during the submission, handling, or correspondence when undergoing evaluation or review.

Modern usage of the term intellectual property goes back to at least 1867 with the founding of the North German Confederation, although the term intellectual property was not as frequently used in the United States until probably 1967 with the establishment of the World Intellectual Property Organization (WIPO), an agency of the United Nations.

The history of patents did not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603),  for monopoly privileges.  However, after about 200 years since Elizabeth's reign, it evolved to a common-law doctrine and a patent represented a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention.

The Statute of Anne (long title 'An Act for the Encourage-ment of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned'), was the first copyright statute in the Kingdom of Great Britain.  It was enacted in 1709 and is generally considered to be the first fully-fledged copyright statute, named after Queen Anne of Great Britain, during whose reign it was enacted.  The Statute of Anne is now seen as the origin of copyright law.

                                                                                                                                                                                                                            POSTED 10-06-14

Intelligence = Law

If God gave man intelligence ..

a)  Then man was given the law.
b)  Did he sometimes forget to use it ?
c)  Intelligence is moral.
d)  He would know all the laws by heart.
e)  He would never make a mistake.
f)  All of the above.


Did you know:

All laws must pass a logic test, otherwise they would not be laws.  This is actually true.  Check any ratified law. 

If you possess intelligence - you possess the law.


( The best answer to the above is f) )


                                                                                                                                                                                                                            POSTED 09-23-14


Overt acts at another human being are considered harassment.  These include overt-mockery and demonstration, the constant posing of confusing language, or anything to spite a person beyond a certain tolerance.  Some forms of harassment can verge toward bullying if it involves extended altercation or over-quarrelling.

The term “cyber-bullying” has yet to be verified in the real field of law – only internet scamming, security hacking, and the general rules of netiquette are the applicable issues to Information Technology and Social Media.  The remainder of crimes called “computer crimes” are covered by the main constitutional law.

A fair legal description of harassment can be found at FindLaw.com (a free legal website).

A few sample articles:


OU student claims harassment by man who calls himself a preacher

Posted 6:31 pm, September 20, 2014, by Leslie Rangel

NORMAN, Okla. – An OU [University of Oklahoma] student is claiming she was harassed and attacked by a man who calls
himself a preacher.

The student is a junior at OU.

Audreanna Stevens says the man claims to spread the word of God, but thinks he took it too far and was obscene.

Video shot by Stevens just days ago shows a man yelling at students in front of Dale Hall at OU.

“He calls himself brother Matt.  He started off really well and really nice, but then he got really vulgar in the way he was talking,”
Stevens said.

Then she says things took a turn.

“I was wearing regular Nike shorts and a tank top and he said ‘the way you’re dressed implies you’re an unintelligent whore.’ He
also pointed out another girls, saying the same things,” Stevens says.

Video shows a large group of students gathered.

She had enough and went to OU police. She says they told her nothing could be done.

“We can’t technically because of freedom of speech. We cannot say anything to him because he’s on a public campus,” Stevens
says OU officer told her.

Stevens says she understands, but thinks the man went too far.

“I don’t mind preachers being on campus and spreading the word. I just felt super harassed and did not feel safe,” Stevens said.

She also said she felt like she was verbally raped by the man’s comments.

Now, she just wants the man gone.

“I don’t think you should be allowed to do that, it’s harassment,” Stevens said.

OU police spoke with NewsChannel 4 over the phone, they say they are aware of the preacher but can not comment on the matter.

KFOR – Oklahoma City


Fairmont Supply wants harassment case moved to federal court

September 17, 2014 1:04 PM

CLARKSBURG – A company accused of harassing one of its workers seeks to have a lawsuit filed against it removed to federal court.

Cacie Biddle originally filed her complaint June 9 in Marion Circuit Court, saying her former employer, Fairmont Supply Company of
Portage, Ind., retaliated against her in violation of the West Virginia Human Rights Act.  Fairmont Supply Company sought to have
the case removed to federal court July 17.

In her complaint, Biddle accused Fairmont Supply Company of providing a hostile work environment that subjected her to unwelcome harassment.

or example, Biddle says she began to experience issues with her supervisor.  After complaining to human resources, Biddle was fired
for supposedly poor job performance on Feb. 15, 2013, according to her complaint.

However, Biddle claims until her termination she had never received any documentation of reprimands.  Instead, due to her superior
job performance, she was actually given additional duties, such as assisting in writing a training manual for safety and providing
pictures of her warehouse to be used in other job sites, the suit states.

Biddle says she was terminated in retaliation for her complaints about a regional manager–an unlawful retaliation for her actions.  
Due to her work environment, Biddle says she lost wages and benefits, suffered emotional distress, humiliation and mental anguish.

In her complaint, Biddle seeks unmitigated front pay, plus punitive damages, attorney fees, costs and other relief the court deems

Fairmont Supply Company seeks to have the case removed because the dispute is between citizens of two different states.  In addition,
Biddle is seeking more than $75,000, according to the complaint.

Larry J. Rector of Steptoe and Johnson in Bridgeport, and Denielle M. Stritch in Denver, Colorado, are representing Fairmont Supply
Company.  Stephen P. New of Beckley is representing Biddle.  The case has been assigned to U. S. District Judge Irene Keeley.

The West Virginia Record
West Virginia's Legal Journal


Bill would hike fines for landlords who harass tenants
City Council proposal also calls for creation of public list of the worst offenders

September 23, 2014 10:00AM
Claire Moses

The City Council is expected to pass a bill on Tuesday that will double fines for landlords who harass their tenants.
The bill will also create a public list of the worst offenders, which would be maintained by the Department of
Housing Preservation and Development.

According to those in support of the bill — a group that includes City Council Speaker Melissa Mark-Viverito –
the proposal will help protect tenants from being pushed out of their homes, according to the Wall Street Journal.
Harassment of tenants covers a wide range of violations, but can be as simple as landlords starting disruptive
renovations without the intent of finishing them and falsely accusing tenants of not paying rent.

The new bill would raise the maximum fine for landlords found guilty of harassment from $5,000 to $10,000.

Council members Margaret Chin and Jumaane Williams co-sponsored the bill.  According to the Wall Street Journal,
the de Blasio administration as well as the Democrats in the City Council support the bill.

Opponents of the bill — mostly landlord advocates — said the new bill would have a negative effect on small-building

The Real Deal
New York City Real Estate News

                                                                                                                                                                                                                              POSTED 08-08-14


The violation of fraud most often occurs in business as business fraud, although there may be other types of fraud not always associated with business, such as personal identity fraud or someone fraudulently demonstrating in public.

Fraud is the mis-representation of oneself, or business entity, in contrast to how it should normally be expected or defined.  It is often a misrepresentation of a role such as saying you are bank manager but don’t know the first thing about banking or how a bank operates, or a blacksmith who never heard of the word ‘anvil’.  Usually a string of practice errors all-in-a-row will cue-off when a person is frauding a business role. 

Most problems of business fraud are when a business is too much out-of-line with a code of practices, or has violated a law, or has violated an individual’s rights.  They may not even know they have violated a consumer or infringed a competitor, and ignorance of their offense places them foremost into the fraud category.

The degree of fraud is also considered and will depend on the amount of damage incurred from the misrepresentation or deception of practice.  The claim of fraud states the unexpected encounter with a business - and the list of infractions, violations of statutes or constitutional rights, and if any damages occurred - gives the degree of severity. 

Most agree that encountering a fraudulent business is distressful and unexpected, since you did not receive the service (or product) you expected along with the experience of a run-in and an offense to civil rights.  Mostly, fraud can waste a lot of people’s time, encumber the economy, and add to the list of crime statistics.  Too many accumulated crimes can increase the internal confusion and conflict within a country, increasing its vulnerability to become involved in war.

Below is a case example of fraud between two business entities:


Hewlett-Packard accuses Autonomy
founder of fraud as row escalates

US technology group claims Michael Lynch, Autonomy's former
CEO, should be 'held accountable' as it lodges court papers

Monday 4 August 2014 17.06 EDT

Hewlett-Packard (HP) has said former Autonomy chief executive Michael Lynch should be "held accountable" as it accused the founder of the UK software company of fraud in a court filing on Monday.

In a dramatic escalation of the war of words between the US group and the tech entrepreneur, HP said it would also sue Autonomy's ex-chief financial officer Sushovan Hussain.

Hussain is seeking to block HP's settlement of three shareholder lawsuits over its troubled purchase of the British software company.

Hussain is trying to block the settlement, saying HP officials were wrongly absolved in the ill-fated acquisition of Autonomy for $11.1bn (₤6.6bn) in 2011.  HP wrote down Autonomy's value by $8.8bn (₤5.2bn) a year later and accused Autonomy officials of accounting fraud, which those executives have denied.

In the settlement, shareholders had agreed to end efforts to force current and former HP officials, including chief executive Meg Whitman, to pay damages to HP over its Autonomy purchase.

Instead, the shareholders agreed to help HP pursue claims against former Autonomy officials such as Hussain and former CEO Michael Lynch, who have denied wrongdoing.

"The notion that (Hussain) should be permitted to intervene and challenge the substance of a settlement designed to protect the interests of the company he defrauded is ludicrous," HP said in a court filing.

"The shareholder plaintiffs who originally sued HP's directors and officers now agree that Hussain, along with Autonomy's founder and CEO, Michael Lynch, should be held accountable for this fraud."

Last month, Hussain said in a court filing that the "collusive and unfair" settlement, if approved by a federal judge, would let HP "forever bury from disclosure the real reason for its 2012 write-down of Autonomy: HP's own destruction of Autonomy's success after the acquisition."

"This breathless ranting from HP is the sort of personal smear we've come to expect.  As the emotional outbursts go up, the access to facts seems to go down," Autonomy said in a statement in response to HP's filing. "Meg Whitman is buying off a bunch of lawyers so she doesn't have to answer charges of incompetence and misdirection in front of a judge and jury."

In an open letter published in March, Lynch accused Whitman of "incendiary and defamatory" accusations.

He said: "In the 16 months that have followed [since the value of Autonomy was written down], HP has not provided information or evidence to the Autonomy team to substantiate any allegation.  Instead, it has selectively leaked documents and information to the international media, frequently using material taken out of context to create false impressions and smear our reputations."

Lynch also claims that HP was aware of certain Autonomy sales practices months before it told shareholders that a whistleblower had raised the alarm.

HP responded with a statement, saying: "As HP has previously reported, it uncovered numerous accounting irregularities at Autonomy prior to its acquisition by HP.  HP reported those irregularities to appropriate civil and criminal regulators in the US and UK.  HP continues to cooperate in ongoing investigations by those regulators."

However, the HP court filing is by far the strongest set of accusations leveled at either side in the Autonomy row.

The Guardian


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