Thursday, December 16, 2010

Final Evaluation: Forced Choice

Here is my list of best from worse in the Final.

1. Terheide, Melinda M
2. Lucero, Chelsea Elizabeth
3. Schmidt, Chase M.
4. Casey, Daniella Erin
5. Uy, Maria Feinila D
6. Valencia, Eduardo
7. Schmidt, Chase M.
8. Lee, Sean Anthony
9. Howard, Brett Carroll
10. Chambers, Everett Warren
11. Angel, Renferd K
12. Hearty Raymond
13. Hayford, Kristin
14. Smith, Cary Keola
15. Hardy, Tyrone
16. Cordova, Jake Charles
17. Spencer, Randi J

No Final

18. Ferreira, Charles Edward
19. Silvera, Richard Michael,, Jr
20. Lopez, Osvaldo
21. Beymer, Eric D.
22. Hasson, Keith
23. Bowman, Robert B.
24. Hernandez, Edwin Jess

My Argument

Honestly, all this talk and reading has place a lot of fear in me. But I guess in a way that is a good thing. There are so many people that act before thinking, or decided to never follow up on their rights being broken, that it’s become easy to take advantage over people. It’s all really a game, and there are winners, and there are losers. The fact of the matter is, you have to stand up for your right, and know what those right detail. Honestly, I would rather never have to deal with lawyers or courts in the first place. I wish I could do all in my power to prevent the possibility that my rights of ownership are violated, or prevent the possibility that I might be charged vice versa. But of course, there is no such thing as 100% safety in this matter, or of any.
Even when I have families that are willing to help like my cousin, I still don’t like any of this one bit, but it’s something I’m just going to have to expect.
In the end, I’m hoping I’ll have the ability to do what’s right, and hope for the better. But what’s also important is have a sense of confidence in that what I’m doing is important. If anything my experience hunting down a lawyer taught me is, you need to be forward with people, and if you want people to take you seriously, you have to not only know what you are doing about, but show it to. Even though I eventually decided to go with my cousin, which isn’t exactly a victory in winning over a lawyer’s attention. I still do feel a lot more confident then how I started off early with this project.

Rule of Law:

The rule of law is that there are procedures you need to follow if you want to make a case against anyone that has taken the initiative in going over your rights of ownership, and you have to thoroughly follow up on them if you want your case to win. In my talks with my cousin, the one thing that he told me that really stuck out was how he stressed that I should read up on as many details as I possibly can about the matter in either books or on the internet. The knowledge that I retain is vital.
[page 207]If you’re interested in hands-on, step-by-step instructions on obtaining copyright protection, you may want to consult The Copyright Handbook.
Without an understanding of the laws and how they are governed, there’s always the chance that I could make a mistake and leave a loophole in the system in which someone else might exploit. He also told me that when a matter like this was to ever seriously come up in my life, I really shouldn’t contact him since it isn’t the area of his expertise and should seek an IP attorney. What this shows is how important it is to know what one is doing. There is so much room for a mistake to be made that is highly advised that I should seek professional help, and never try to go at it alone. But I should also definitely stand up for my right and not allow anyone to take advantage over me. People will always try to take an advantage over any given situation, and I should always try to stay on top of such matters.

Reasoning of Law:

Below you will find the questions I asked my cousin Victor Hairapetian on the phone to 10 questions over intellectual property cases.


Q_1:
How do I best protect myself from someone else stealing my artwork/design?
A_1:
First off, make sure you have a copyright; you would be surprised how many people forget that step. Secondly don’t be so open with your work, or another words, keep it strictly business.

Q_2:
What’s the first step to take if someone does steal my design?
A_2:
I would suggest writing an e-mail claiming your ownership of such IP. If they aren’t willing to accept your letter, or if they choose not to respond, then seek an attorney that deals with Intellectual Property cases.
Q_3:
Do you recommend I personally contact a company that I suspect has stolen my idea?
A_3:
After the e-mail, in matters like these it’s always best to get a hold of an attorney; there are so many things that could go wrong approaching someone directly that it could be disastrous.
Q_4:
How different (percentage wise) does my design have to be than a similar one?
A_4:
From my understanding, there is no actual percentage of what is expectable. Your work needs to be original; your work needs to be different and unique enough to where it cannot be confused with anyone else’s.
[page 196] It must be original-that is, the author must have created rather than copied it It must have at least some creativity-this is, it must be produced by an exercise of human intellect.
Q_5:
What common issues do designers usually overlook in protecting themselves?
A_5:
Well, from my experience. If you’ve created something you feel qualifies copyright protection, or another words unique and distinguishable enough. Just be weary of who you show your work to.

Q_6:
Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
A_6:
If you don’t feel 100% sure with what the contract details, then Yes! I would recommend it.
Q_7:
Where do you recommend a designer look for a contract template?
A_7:
You could look for them online, but I’d recommend again you seeking out an attorney.
Q_8:
Is it better to use a template or have a lawyer draft an original contract for my design?
A_8:
It’s better to have an attorney create the initial draft which you could use in similar work, do this if you don’t want there to be any mistakes.
Q_9:
If I die and have a patent pending, does it become public domain?
A_9:
Depends on how long the patent is perpetuated.
[page 198] As a result of the Copyright Term of Extension Act of 1998, most copyrights for works published after January 1, 1978 last for the life of the author plus 70 years.
Q_10:
When is it necessary to trademark intellectual property?
A_10:
If you’re asking the question, at what time you should you trademark it, I heavily recommend as soon as possible.
[page 196] A creative work is protected by copyright the moment the work assumes a tangible form-which in copyright circles is referred to as “fixed in a tangible medium of expression.”

The Questions

When it came to the question I felt like asking, I decided to go with the ones our class had come up with in week 7. I felt like those questions pretty much encompass all I was wondered about IP matters, and they were simple enough to where my cousin Victor could have a good understanding of, since his field was real state and not IP to start with. My cousin still did have some experience in IP matters since he had worked with another cousin of mine, Lisa, who use to be in the film industry, and he had been a consultant of hers on such matters.

Legal Authority

It’s funny how difficult it can be hunting down lawyers, in the movies they always seem over eager to take up your case. We’ve all heard of ambulance chasers and how some lawyers are about as eager as door to door salesmen in their endeavors to find a client. Of course in the real world things aren’t as simple. Before falling back on my final option, my cousin, I decided to try out the harder route and go with an unknown. I tried to call up a bunch of offices, but it was amazing just how dodgy lawyers can be especially when it comes to only answering a few questions. I was also amused by the experience how almost all the secretaries seemed sound like they were all the same person. The same indifferent façade, the same broiling questions, and the same “we will get back to you as soon as possible.” In one instance I made the fatal mistake of calling one of the secretaries just that, a “secretary,” and I was rudely introduced indirectly to their feelings towards my condescension. But eventually I decided blood is thicker than water, and went with my cousin, Victor Hairapetian who is a real estate lawyer out of Glendale, California. I’ve known this cousin of mine all my life, he’s about 20 years older than me, plus has been always warm in our meetings. All I had to do was call him up, through his personal cell phone, and never even have to deal with any snarky middle man. Plus, it was pleasant having a chance to speak with him after all these years. The last time I had seen him or talk to him was about 4 years ago, and even though our conversation was short. For the fact I was talking to a lawyer, it was ironically quaint.

Thursday, December 9, 2010

Week 10, EOC: Robert Kearns vs. Erin Brockovich

This week I watched all the bits and pieces in the movie “A flash of Genius” which is about the long and hard battle Robert Kearns had to be put through trying to prove the Ford motor company stole his invention. My first impression of the film was just how boring it felt, the film was long and felt like it went on forever. For the first 20 minutes all I wanted was to see the conflict which would take the film into the second act, it’s what you expect from all films.

As the movie started to reach the third act in where Robert Kearns would finally be confronting the Ford Company in court, I was irritated enough by the whole situation that I finally started to feel something for the film. Obviously the Ford Motor Company portrayed the big bad company who’s out to get all the little people in the world that matter. But the reason this film eventually managed to work for is because, this is what it is.

Compared to Erin Brockovich and its feel good, sharp dialogue, and quick victory, this movie felt more realistic. The fact is Erin Brockovich is more of the feel good film with some exceptional dialogue. So there for the whole court case and the conflict in that film felt like a MacGuffin. This movie on the other hand had a more realistic feel to it. It had more weight, and the film was you can even say the opposite of being entertaining. It was frustrating to watch even till the end where of course the good guy wins, and the bad bad billion dollar Ford motor company gets its come-up-ins.

Truth is Robert Kearns just felt more real, down to earth, boring, annoying to watch, and exactly what I would expect dealing with patent issues and major money grubbing corporations feels like. Because the truth of the matter is, most people aren’t even so lucky as Robert Kearns to win the case and have a mediocre film made about him. So Erin Brockovich in some sense is a lie, even though it is based on the true story. Chances are if I ever get caught up in a case similar to what Robert Kearns went through; I won’t have a lovely red head with a Double D figure winning me a 30 million dollar case.

Week 10 BoC: Lawyer Jokes.

-Q: How can you tell the difference between an attorney lying dead in the road and a coyote lying dead in the road? A: With the coyote, you would see skid marks.

http://justjoking.com/jokes/jokes/joke317.html

What's the difference between a hooker and a lawyer?

-A hooker will stop screwing you after you are dead.

http://www.lawlaughs.com/short/thedifference.html

-Q: How many lawyers does it take to change a lightbulb?
A: Three. One to climb the ladder. One to shake it. And one to sue the ladder company.

http://www.swapmeetdave.com/Humor/Lawyer.htm

Thursday, November 18, 2010

Week 7 EoC: 10 Lawyers, 10 Websites

1. Donald L. Prunty
http://www.gtlaw.com/

2. Susan M. Pitz
http://www.nutilepitz.com/

3. Ira W. David
http://www.morishitalawfirm.com/

4. Tiffany Swanis
http://www.jonesvargas.com/

5. Neil J. Beller
http://www.neiljbeller.com/Firm%20Info/Lawyers/1066956.aspx

6. Victor Hairapetian
http://www.facebook.com/people/Victor-Hairapetian/1084736615#!/profile.php?id=1084736615

7. Ikenna K. Odunze
http://www.manta.com/c/mth51lw/ikenna-k-odunze-attorney

8. John Lund Krieger
http://www.lrlaw.com/professionals/xprProfessionalDetailsLR.aspx?xpST=ProfessionalDetail&professional=197

9. Steven Pacitti
http://www.colo-lawyers.com/bio/StevenPacitti.asp

10. Gregory R. Gemignani
http://www.lionelsawyer.com/index.cfm?page_id=5&page=attorney_profile&atid=22

Week 7 EoC: Intellectual Property Questions

1. How do I best protect myself from someone else stealing my artwork/design?
2. What’s the first step to take if someone does steal my design?
3. Do you recommend I personally contact a company that I suspect has stolen my idea?
4. How different (percentage wise) does my design have to be than a similar one?
5. What common issues do designers usually overlook in protecting themselves?
6. Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
7. Where do you recommend a designer look for a contract template?
8. Is it better to use a template or have a lawyer draft an original contract for my design?
9. If I die and have a patent pending, does it become public domain?
10. When is it necessary to trademark intellectual property?

Thursday, November 11, 2010

Week 6 EoC: Illicit

It’s very difficult for a country like ours, the USA to deal with criminal activities within our borders alone, and this is considering we are a first world nation. When you start thinking about the difficulty that governments have in second or third world nations, you can imagine just how difficult fighting this all really is. Now add the fact taht in our modern times how small the world has become through the internet, you can now imagine how difficult the act of controlling criminal acts like counterfeiting and illicit has become. Controlling your own borders is one thing, but considering how interconnected criminal organizations have become, I really think it’s become just about a losing war.
Truth is, nations will probably never get a hold on every crime ever committed, but what we have here is a free for all where criminals majority of the time are getting away with, and that’s what’s really important. Not only are criminals winning, they’re dominating.
Now when it comes to my personal opinion about all this, well, I have the same issue most governments have to deal with. We won’t exceed the borders of their own country. Honestly, I’m no government or international official whose job it is to deal with this growing issue. So another words, as long as it has no direct effect to my life and the people I know, I really don’t care.
To be honest, I have a bit of contempt for capitalism, and I care less if multimillion dollar organizations and companies around the world are getting ripped off because of this issue. I care about the fake pharmaceuticals because in a cases like those people’s lives are endangered over bogus medications. But either than that and cases similar, I really don’t care to be frank. Now you can hold be contempt for my rash opinions and my favoring to stay ignorant. But the fact is the world is a very ugly place, and it’s only in fat countries like ours where you have people sitting on top wondering why the rest of the world cries for bread when they could be eating cake.

Thursday, November 4, 2010

Week 5 EoC: Lawyers looking for Fame

As with every generation, what can be expected by ethics and common practices might as well go out the window. As with then generations in the past 30 years, the so and so called “Me” generation, the questions has been asked if people as a whole are getting greedier, selfish, and more self centered than they use to be. With the generation that is now graduated from the colleges and heading out into the work force, the term “Trophy Kids” has been coined to refer to them.

"They really do seem to want everything, and I can't decide if it's an inability or an unwillingness to make trade-offs," (http://online.wsj.com/article/SB122455219391652725.html) was said by Derrick Bolton, an assistant dean at Stanford University. As for the case of the fame seeking lawyers, this obviously also applies to them.

As for the case of Fernandez-Vargaz v. Gonzales, the damage that could have been done to nationwide immigration laws because of one of these so called fame seeking lawyers could have been immeasurable.
“Noncitizens with even more compelling cases are still living with the consequences of the Fernandez-Vargas decision,” (http://www.nytimes.com/2010/10/10/us/10lawyers.html?pagewanted=3) said Trina Realmuto of the National Immigration Project of the National Lawyers Guild.

To be honest, I find this to be a major problem, with today’s generation of thrill seekers more and more people are finding themselves stepping out of place of their skills and experience, and obviously taking very little consideration of what they are doing and what the consequences might end up being outside their own lives.

“College kids today are about 40 percent lower in empathy than their counterparts of 20 or 30 years ago, as measured by standard tests of this personality trait.” (http://douthat.blogs.nytimes.com/2010/06/02/the-culture-of-narcissism/) said Sara Konrath, a researcher at the U-M Institute for Social Research. The fact is, with little sympathy, and hardly any empathy, there cannot be an ethical understanding on behalf of today’s lawyers. Without those ingredients, people today can expect to rely more on themselves and less on the aid of others. I mean lawyers have always just about had the stereotype of being blood sucking vampires, now they’re just going to be upgraded to the next level. Whatever that is, really doesn’t seem all that promising to me. Actually, it’s quite the opposite.

Thursday, October 28, 2010

Week 4 EoC: Death Race Jeopardy.

With today’s game, we were separated into teams to play Jeopardy based on the definitions we have been learning in the book for the past four weeks. All of the games were created by us, and right there the biggest problem we were faced with was cohesion. Not all of the games made much sense since some people had put a little less effort in creating a well rounded working game. Some of the questions were confusing to understand, and others were misspelled and grammatically incoherent. But thankfully the majority of the games were understandable enough.
As for the teams, well the member who had obviously studied had a chance to stand out and help their team, and those that hadn’t of course didn’t. As the teams continued to separate, those that had studied began to group together more, leaving out the stragglers to fall into their own teams. Even though this might seem unfair to some, you have to remember those that had studied didn’t have to deal with this problem, for they were doing well no matter what team they were in. So there wasn’t any unfairness amongst the group, and I would say this game was very effective in rewarding those that had studied, and allowing those that hadn’t to learn from the game itself.
As for the words that stuck out the most in my head, electronic filing of patent information comes to mind since I would have an interest in using this service if I ever have to file for a patent. Double patent comes to mind since I was interested in knowing what the legal laws were when two people apply for the same invention at the same time, and finally the U.S. Patent and Trademark Office comes to mind since that administrative branch was mentioned in every answer.

Thursday, October 21, 2010

Week 3 EoC: Jeopardy challenges and opportunities

In studies, it tends to get a bit hard remembering every definition, detail, and categorizing everything you’ve learned coherently in your mind. When studying, I think everyone has difficulty understanding everything they read, it also gets pretty hard when you’ll be testing by your knowledge later. Dates, names and definitions always seem to be the hardest ones especially. In order for a person to really absorb everything they have learned, the information acquired sometimes needs to be familiarized with that person by a means only he or she could interpret, or anther words, it’s easy to remember names when faces are involved.
Now when it comes to patent laws and practices, you can’t get any more confusing to a student unless you change the translation into German.  For some people a subject matter like this might as well be in German for they’ll still have as much learning what they’ve read. So the question becomes how does one manage to memorize such a field of study for themselves or anyone to understand?
Well, to tell you what! The answer beats me, I mean since we’re talking about any individual; I guess it would all depend on them figuring all of that out for themselves. But at least for me, and with this assignment of creating a Jeopardy game base on Patent Laws and such, I guess I have kind of hit home since my major just happens to be Game Art Production.  So I’m creating a game here, and I have to learn just how much is needed to create a well rounded game where the questions are categorizes the way they need to be, and how the questions relate to each other. By creating this game I will have to organize all the details to make sense, and not just for me but to anyone that would need to play this game. So in a sense, this just might be the best way to study and remember.

Week 1: EoC.....My Voice

I was raised to be a Trekkie by my dad, and one of the things I always found fascinating about the Star Trek Universe were the Holodecks that were aboard every ship. You see in Star Trek at least starting with The Next Generation, you would find a room with a hologram projector that could create both solid and non solid images of people, places, and things. The point of this room was for recreation for members aboard the ship to delve into their fantasies in a form of escapism. Pretty much what video games are becoming today, a form of interactive fantasy where a person could delve into a world created by oneself or another for the purpose of relieving stress during their time of leisure.  In my life time, I’ve seen video games go from a child’s activity to this; video games are becoming an interactive experience that can now delve into any matter that were once only associated with films and literature. All my life, I’ve always had a fascination with movies and storytelling, and thanks to this new medium I’ve pretty much found a new way to delve into my own stories and adventures.

Thursday, October 14, 2010

Week 2: EoC...What I think of Lawyers

To ask my opinion about lawyers, two things come to mind, what has been my personal experience with anyone in that profession, and how has that differed from the opinion I’ve gained from the popular opinion. The way I see things, when it comes to popular opinion, you’re mostly just being exposed to stereotypes and negative feedback, generally most people prefer to hold a bad opinion about a person or thing over a good, and that is how stereotypes are created. So obviously when it comes to what I have learned about lawyers based on the popular opinion has been a negative one, the jokes about lawyers being blood sucking vampires comes to mind and that they are out to use people for their own financial gain.
Now when it comes to my personal opinion, fortunately and unfortunately I can’t say much since I really haven’t had much of a chance to form a strong input. I’ve never had to consult with one over a case, and I’ve never had to go to a trial to see them in action. Personally, my only experience has been through family, considering one of my cousins just happens to be one, my cousin Victor is a lawyer but considering his relations with me I can expect him to interact with me differently compared to a non relative.
So overall, I would have to say my opinion of lawyers is a bit of dread, dread that one day I will have to deal with one and find out whether or not all the stuff said is true. I dread that one day I will be placed into that situation and the process will end up costing me dearly. Fortunately since  I do have a family member in the profession, in the future I do plan on consulting with him if anything is to come up, hopefully he’ll be able to do more than just give me advice.