All Posts By

super

Uncategorized

Is It Illegal to Download Free Music?

May 20, 2018

The Confusion Surrounding Music Copyright Law

Because there are so many different ways to get free music off the internet, there has become a lot of confusion and conflicting views as to what is legal and what isn’t.

“OK, so it’s illegal to burn a copy of a CD and distribute it. So are you telling me I can’t burn a mix CD and give it to a few of my friends?”

“It’s illegal to download free songs of peer-to-peer websites and servers, but can I download a song from my friend over Dropbox?”

These types of song copying and distribution leave many feeling that the laws are vague and outdated, so they just continue on downloading music illegally.

The increasingly popular technique of “YouTube to mp3” where you grab the mp3 file from a video someone posted of a song has only added to the problem.

Is that illegal too?

Let’s take a look.

The FBI Warning

You know how when you’re watching a movie on a DVD (for those of us who still do that) and on the screen comes that familiar “FBI WARNING” that tells you the material is copyrighted and it’s illegal to make unauthorized copies of said material of any kind… etc.

Well, despite what some outdated articles might say, this copyright (or internet piracy) law also applies to music.

What does that mean?

Redistribution of any kind, without the artists consent, is illegal. And if you participate by knowingly downloading music that is being distributed without the artist’s consent, you are participating in illegal activity.

This article at IBM compared using these third-party sites just to rip music from YouTube, like “using cassette tapes to record songs of the radio”.

And peer-to-peer servers as well as other websites that don’t even technically host the files on their website, are still participating in this illegal activity, and in the future, copyright companies will continue to be cracking down on this activity.

Are There Other Options?

Yes. You are not without hope. There are so many options. Honestly, with all the options out there it’s amazing how many people are still working so hard to download music for free (OK, there’s not that many). I remember those days, myself.

And I cringe at the thought of having to once again edit the properties of each individual song so that it would be neat and orderly on my iPod.

Never again.

While you do have the option of subscribing to a music streaming service as many have, if you’d like to keep listening to your music very cheaply without an internet connection and you want to actually own the songs you’re listening to, I’d recommend a service like Mp3million, where you can download songs for nickels and dimes. These kinds of sites are legal as long as they are paying royalties on the song licenses. And with that said, hopefully you’ll be on your way to continue your music downloading lifestyle without (too much) interruption.

Article Source: http://EzineArticles.com/9198962

Gay Lesbian Rights

Gay and Lesbian Parenting – Should My Partner Adopt?

May 12, 2018

The Second Parent law opened the doors for dual parenting in gay and lesbian households. Before the law took effect, gay and lesbian parents were forced to choose which parent would have legal custody of a child or accept the fact that the biological parent was the only legal parent recognized by law. Just because the Second Parent law allows the non-legal partner in a gay or lesbian relationship to apply for legal parental rights, does not mean every couple should take that step.

Legal Binds Between Gay and Lesbian Partners

The legally binding contract of marriage is not available in all states for couples of the same sex. If the couple is not legally married, issues could surface if the couple were to split while having shared custody of a child or children. Once both partners have adopted a child, they are both legally responsible for the health and financial well-being of that child. Moreover, both have legal rights as parents identical to those of heterosexual parents.

The issue is not about acceptance of these parental responsibilities, but of support in terms of hashing out the details of shared parenthood after a relationship has ended. For married heterosexual or homosexual couples, there is a step-by-step process in many states that force parents to go through parenting classes and meet with a mediator if a common agreement on parental rights cannot be found. These classes are often a part of the divorce process.

If a gay or lesbian couple is not legally married, there is no court system needed to end a relationship. However, the adoption of a child continues to bind the two together until the child reaches legal age. When discussing the adoption of a child by the partner, this fact should be thoroughly covered and possibly discussed with an attorney present.

Legal Options for Partner Adoption

If a partners choose to share custody of a child, regardless of the whether one partner is a biological parent or not, a parental agreement may be drawn up by legal counsel. The parental agreement would cover the course of action to be taken after a split, legal rights accepted by both parents and a viable schedule of visitation that could be observed. Similar to a prenuptial agreement, gay and lesbian couples may wish to have this document drawn and signed before allowing a partner to legally adopt a child in the home.

 

International Law

How international law could help victims of environmental degradation

May 3, 2018

Something moved in the machineries of international law earlier this month. A turn in the lock, a small latch releasing a door. How big, how wide, remains to be seen. But nonetheless a landmark in progress towards meaningful protection of the environment.

On 7 February 2018, an international court in Costa Rica – the Inter-American court of human rights – released an advisory opinion on environment and human rights. It not only recognises the right to a healthy environment as fundamental to the existence of humanity, but also has the potential to unlock real cross-border remedies for the victims of environmental degradation.

It is not an isolated development. Earlier this month, the international court of justice issued its first ever order on compensation for environmental damage in a dispute between two countries, while in 2017 an investor-state tribunal made history by ordering a mining company to pay $39m to Ecuador for environmental clean-ups. But the advisory opinion could prove the most significant ruling yet.

In 2016, Colombia posed three big questions to the Inter-American court, which has jurisdiction over much of the Americas, roughly equivalent to the European court of human rights (ECHR) to which the UK belongs. If, Colombia asked, an individual living in Country A suffers a human rights violation caused by ecological damage emanating from Country B, can she hold Country B responsible under the American convention? Would Country B have breached the convention? And what are countries legally obliged to do in order to reduce such harms?

These are pressing concerns, not least in Colombia. At the hearing, Colombian Raizales delegates – English/Creole-speaking descendents of white British and enslaved Africans – spoke compellingly about the threats to the reefs on which their island culture depends. One looming concern appeared to be Nicaragua’s plan to build a Chinese-funded rival to the Panama Canal: scientists fear it would literally muddy Caribbean waters, killing marine life, creating chemical pollution and introducing invasive species from shipping lane bottlenecks. Colombia (already quarrelling with Nicaragua over maritime boundaries) sought answers from the court that would discourage unrestrained development of infrastructure mega-projects. But a sign that the ecological crisis transcends any one bilateral dispute is that other Latin American countries (Guatemala, Honduras, Bolivia, Argentina) also supported cross-border obligations.

The conundrum of “extraterritorial” obligations bedevils human rights law. The crux of the problem is that the main conventions oblige states to ensure the human rights of people within their “jurisdiction”, without specifying what that means. Does “jurisdiction” mean the same as a state’s territory? If so, how should human rights law respond when states act abroad, or act so as to cause effects abroad?  The ECHR in Strasbourg, in a 2001 decision on Nato’s bombing of a broadcast station in Belgrade during the Kosovo conflict, decided that states’ “jurisdiction” goes no wider than territories over which they have “effective control”. In later cases, it quietly loosened the test and found jurisdiction based on a state’s assertion of authority over the individual victim. Similarly, the Inter-American system had already found claims admissible where one state’s military had killed or detained individuals outside its borders.

Even so, the advisory opinion represents a quantum leap in the breadth of “jurisdiction”. Here too, the concept of “effective control” is key. The court decided that, for transboundary damage, “the exercise of jurisdiction arises when the state of origin exercises effective control over the activities carried out that caused the harm and consequent violation of human rights”. This marks a subtle but important shift: “effective control” is no longer something that has to be exercised over territory, nor even over individual victims, but only over the activities responsible for harm. This is crucial, because states do exercise control over those activities likely to destroy fragile ecosystems in their near abroad: a country which decided to build a transnational canal, or license drilling in an offshore oil field, could not credibly claim that such activities were outside its effective control. Although the court cautioned that extraterritorial obligations are “exceptional”, its reshaping of “effective control” opens the door to cross-border human rights claims.

The implications of the court’s decision are likely to ripple well beyond the Americas. Cross-fertilisation among international judicial bodies is common: the opinion will stand as a marker when the Strasbourg court, sooner or later, has to do its own thinking on what “jurisdiction” means for transboundary environmental damage. Its core reasoning could be applied to air pollution, chemicals, even (doubtless controversially) climate change. It may also stimulate new thinking in arguments about international law’s (in)ability to regulate the activities of multinational corporations.

More immediately, it may first have to be applied to the very problems it was designed to discourage: mega-projects lacking any sincere environmental due diligence, dying reefs, the vulnerable Raizales people, and millions more like them. This ruling brings meaningful redress a major step closer.

Uncategorized

What Are the Child Custody Rights in Divorce Cases?

April 20, 2018

The most important and complex issue in a divorce case is ‘Child Custody’. Both husband and wife, use child custody as a medium to establish the guilt and fault of the other party.

In India, Guardian and Wards Act, 1890 is empowered to determine the issue of child custody.

Generally, the court has the power to grant the following:

(a) Permanent Custody

(b) Interim Custody

(c) Visitation Rights

(a) Permanent Custody

The court awards permanent custody after determination of all aspects of the case. Usually, prime criteria is the “welfare of the child.”

While deciding the ‘welfare of the child’, the court mainly considers following factors:

i. The qualification of both father and mother.

ii. Family background of the both father and mother, which includes their financial and academic qualifications

iii. Child’s wishes

iv. Conduct of the parties

v. Overall development of the child.

(b) Interim Custody

The court awards interim custody during the pendency of the case keeping in mind the overall development of the child. While granting interim custody, the court tries to maintain balance between the husband and the wife and also remains cautious that the child is not treated as a shuttlecock between the estranged spouses.

The court also imposes certain conditions for the welfare of the child like not leaving the country without informing the court, to protect the interest of another party.

(c) Visitation Rights

The Court grants visitation rights at two stages, at the stage of the trial, and after the determination of the dispute (divorce in most of the cases). Once one of the spouses gets the permanent custody, other spouse has a right to meet the child once a week or as directed by the Court. The object of the court is to maintain the emotional bond between the child and parents.

Conclusion

In matrimonial proceedings, the court has to decide the question of custody of children during the pendency of the proceedings and after the passing of a decree. The court can revoke, suspend or vary, any such order made earlier on the change of circumstances. While adjudicating upon the custody of a child, the court has to keep in mind the welfare of a child. Though court considers other factors as well, however, welfare of the child is of utmost consideration. Usually, in female child custody cases, the courts give custody to the mother as at the age of puberty, girl child needs the mother’s care. Thus, over and above, welfare of the child is the influential factor while deciding the custodial rights.

Article Source: http://EzineArticles.com/9793437

Criminal Law

What Are the Different Types of Criminal Law Cases?

April 13, 2018

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.

 

Criminal Law

Criminal Law – What Is the Standard of Proof?

March 31, 2018

In the common law system which is used in the legal systems such as Britain, the United States, Canada and Australia there is a very important principle of the criminal law which has existed in the legal systems of these countries from the time that is was first developed in the original England common law system. This principle is that a defendant in a criminal law case has the protection of the presumption of innocence. A defendant in the legal systems of these countries is innocent until proven guilty. This contrasts with the systems of civil law which have been adopted in continental Europe in countries such as France, Italy and Germany which have an inquisitorial system of justice where the judge can gather evidence independently of the parties appoint their own investigators in order to gather evidence.

So what does the presumption of evidence mean in terms of the trial? This means that the prosecution must prove that the defendant committed the crime in question in the trial beyond a reasonable doubt. It is notoriously indistinct as to how this is likely to be defined and in terms of instructing juries, a judge must confine their directions to the jury to the application of the law to the facts rather than directions about the facts and evidence. Naturally, in a jury trial, a voir dire (a trail within a trial) can also be used in order to identify if a particular pieces of evidence which are able to be admitted in the trail. Once a piece of evidence is deemed admissible, the jury allowed to consider it in its deliberations about the evidence. In practice, judges often refer to a 90% certainty that the defendant committed a crime in order to enter a verdict of guilty and there have been phrases such as ‘the absence of any material uncertainty’ or ‘A rational belief which is supported by the vast majority of available evidence’ in order to describe the level of proof which is required. The more general justification for the principle is that it is better to set 9 guilty people free rather than let 1 innocent person to jail.

 

Uncategorized

Understanding Medical Malpractice – What It Means

March 20, 2018

A person will generally file a medical malpractice suit with a lawyer if they feel they have received substandard care by any healthcare professional, like a doctor or dentist, that has directly resulted in economic or physical damages to them personally or a family member. When discussing what substandard care this generally means care that has violated the normal medical practices. In order to show medical malpractice there has to be three factors, which include a direct causal link, liability, and damages. For you to meet the requirements of liability, it must be proven a professional relationship existed between the provider of health care and you. Meeting this requirement is rarely a problem but being able to prove it was substandard care could be a little difficult. It depends on what the violation was.

Economic damages, injury, or suffering must be shown and be the direct result of the negligence. Most all parts of medical care have risks even if proper care is taken. Unless your lawyer can prove negligence from an outcome that turned out bad from the procedure or medical care alone, are not the grounds for a malpractice suit. When talking medical malpractice it can take on different forms. Some examples include:

• Not diagnosing a disease that is life-threatening
• Medication errors
• Surgical errors
• Delivery room or prenatal care
• Failure to give the correct follow-up care
• Anesthesia miscalculations

According to the Journal of the American Medical Association, approximately two hundred twenty-five thousand deaths happen each year because of medical malpractice. This makes it the third biggest cause of death in the United States. Approximately nine percent are caused by medication errors, miscellaneous errors, or unnecessary surgery. About eighty-two percent are due to contacting an infection while in the hospital or adverse reactions to medications.

It is harder to file a malpractice suits against hospital employees than against private physicians. Certain members of the staff in the hospital are often provided by private contracts so in these instances the contractor and negligent party is named in the medical malpractice suit and not the hospital. When there are multiple parties that are affected by the same negligent group it makes more sense to bring a class action suit, which can list hundreds or more plaintiffs. If the case is won then the monetary award, after paying court costs and legal fees, is distributed to the plaintiffs.

The laws that govern medical malpractice suits will vary in each state and may require different or additional criteria. When choosing a lawyer make sure that they specialize in this field of law.

Article Source: http://EzineArticles.com/9392570

Uncategorized

The Top Business Lawyers Mean Business

February 27, 2018

The law also protects consumers from business monopolies, malpractices, price fixing, and other issues.

As a business owner, you need to know about the laws regarding your business type, whether it is a small venture, a franchise, a partnership, or a corporation. There exist several legal considerations. The choices you make while setting up a business influence your business management, operations, finances, taxes, profits, and liabilities in the long run.

The importance of hiring business lawyers

Business lawyers know business laws inside out. They can help you right from the day you have a “blueprint” of your business plan to the day your business roars in the market… and even afterwards.

They can assist you in:

· Buying and selling ventures

· Mergers & acquisitions

· Starting LLC, corporation, and others

· Creating shareholder agreements

· Preparing business contracts

· Creating business plans

· Mediating disputes between you and consumers or business contract breaches

· Preparing and evaluating financial documents

· Collecting debts

· Issuance of stock

· Filing for bankruptcy

A clear idea of business law

A competent business attorney helps you give a picture of business law which would be clear as a crystal. He or she will explain the tax implications, business responsibility, and benefits of each kind of entity. This aids you in setting up an entity that benefits you, your employees, shareholders, and consumers.

Business lawyers harbor meaningful connections with important sources in the business community. Their objective is to promote a healthy business community that features continuous growth.

Of course, you can set up a business on your own, but you still need a lawyer. Only lawyers can give you legal advice. They are authorized and capable of doing so.

A partially-trained lawyer or a layman who claims to know the law may give you poor advice. They are not as acclimatized with legal situations as competent lawyers are. Qualified business lawyers are recognized by the Court of Appeals, which is the highest court of the state. They abide by a code of conduct and display sheer professionalism when handling cases. They are always updated about the changes in laws.

A reputable business lawyer has the legal expertise to interpret law for their clients and represent their interests in the courtroom and outside. You can benefit a lot from hiring such a lawyer. In other words, he or she can make things easier for you in the legal world.

Thanks to reputable law firms going online, it is easy to contact the best lawyer in town. You can schedule an initial consultation with him or her. You can discuss with them about your dream venture. It is time to put your idea on legal papers and out in the market.

Article Source: http://EzineArticles.com/9866989

Uncategorized

What Happens With Charitable Giving and the New Tax Law

February 27, 2018

Now that we’re into 2018, it’s vital if you’re a nonprofit leader, fundraiser, or board member to understand what the Tax Cuts and Jobs Act may do to the philanthropic sector. Keep in mind that this is the first major overhaul of tax regulation in more than a generation, so it’s going to have wide-ranging impact. Lawyers and accountants have been working overtime to understand the implications for the new tax law and the IRS is gearing up to get ready for what is going to be an interesting tax season.

If work or lead a charitable organization, you need to be aware of the reality that the new law is expected to affect your fundraising efforts adversely. In other words, you need to speak to your professional advisors, and you should get your team together to prepare an all-hands on deck approach to ensuring the ongoing sustainability of your organization as donor giving patterns will undoubtedly change.

  • The Council on Foundations released a statement that said the following, “Today’s passage of the Tax Cuts and Jobs Act will result in a decrease of $16-$24 billion in charitable giving every year, significantly decreasing the philanthropic sector’s ability to provide resources and services to people across the United States and abroad.”
  • The most significant reason for the expected drop in charitable giving in 2018 is because the majority of individuals and families will no longer itemize deductions on their tax return. Because the standard deduction was doubled ($12,000 for individuals and to $24,000 for married couples), the average taxpayer will no longer be itemizing, and thus the charitable deduction disappears for many families when filing taxes–meaning the tax incentive for them is gone.
  • Since 2018 is the first year under the new Tax Cuts and Jobs Act law, most families will not have a full understanding of how their tax obligations will be shaping up until more months pass, and they file their taxes. That means the uncertainty will likely begin to depress charitable giving as early as the beginning of the year. This may also include major donors who are financially comfortable but did not do any tax planning preparation in December of 2017 to see the full impact of the tax laws on their households.
  • The estate tax threshold level has increased under the new law from $5.5 million to $11.2 million for individuals and $22.4 million for families. Without getting into too much of the details, the reason why this can adversely impact charitable giving is that families have less of a reason to give their money to charity as opposed to their heirs. Because they can now transfer higher amounts to heirs, those who have assets in the low millions are more likely to bequeath it to their families or heirs as opposed to give to charity because so they can minimize estate taxes.

The reality is that 2018 is going to be a significant year for nonprofits and it’s essential that organizations understand how the new tax law will affect them and also charitable giving. If fundraising dollars decrease, which is expected, then most nonprofits, which already survive with slim margins will have a tougher year. Tough decisions will have to be made if donor dollars dry up such as shutting down programs or eliminating staff. Planning will make all the difference.

What’s important at this time is to get your facts and eventually to message appropriately with your supporters. Your donors want to help you and a lot of the reasons they do come from the heart and not from the head or because of a charitable deduction or estate planning. But, if you’re a nonprofit leader, you would be foolish if you didn’t take into account that your donors have to think about how the new tax law will affect their families and may well pause so they can get a better handle on what’s happening in their finances and taxation.

Understand the trends and how thought leaders are addressing the expected drop in funding, and inevitable decrease in services that could follow. Speak to your peers in the industry and also speak to your supporters. Figure out ways to give donors the space they need to understand their tax issues, but also continue to help your organization. It’s essential as a nonprofit leader to have frank conversations and be open about the choppy waters that may lie ahead.

Article Source: http://EzineArticles.com/9867274

Uncategorized

Information About Sexual Harassment Claims

February 27, 2018

Sexual harassment is a crime according to state and federal laws. The law basically defines sexual harassment as unsolicited and unwelcome sexual advances. It doesn’t have to involve physical touch or action to be categorized as harassment. This can occur at the workplace, hospital, school, gym, shopping center, and even at home. When it comes to sexual harassment cases, males and females, adults and children, employees and managers, groups and individuals, and anyone else can be guilty. Gender, age, and power can all differ from case to case.

Sexual harassment can come in many forms as well, including physical, verbal, emotional, and even visual. A licensed and experienced sexual harassment lawyer regularly handles multiple types of cases involving unwanted sexual conduct and abuse.

Examples of Such Cases Include:

Unwanted Sexual Solicitation

Violent Sexual or Physical Contact

Inappropriate Touching

Stalking

Sexual Pestering

Derogatory Comments or Jokes

Sexual Gestures

Verbal Sexual Abuse

Sexual or Obscene Letters, Emails, or Text Messages

Showing Sexually Suggestive Photos

Obsessive Staring

Verbal Sexual Propositions

Making Threats after Sexual Refusal

Offering Payment or Job Promotion for Sexual Favors

Harassment at Work

A person is being sexually harassed at work, it is standard for them to report the abuse to the company’s Human Resources Department. These types of departments typically have a system in which they investigate and manage harassment claims within the company. In the case that a company does not have such a department, it is common for employees to address the issue with their direct chain of command. In cases that the direct chain of command happens to be the abuser, a person should call an Indianapolis harassment lawyer instead. In other instances, managers and supervisors can be ineffective at putting a stop to sexual advances in the workplace. This is another time where a licensed lawyer would be advantageous.

Hire a Lawyer

If you are currently experiencing harassment, it is important to keep a detailed record of the events that take place so that you can build a stronger case against your abuser. Record dates, times, and descriptions of any inappropriate conversations, come-ons, solicitations, behavior, and more.

To learn more about the behaviors that establish sexual harassment, or the penalties of these behaviors, talk to a trusted and experienced lawyer right away. They have the knowledge and resources to help you gain a full understanding of your situation and your legal options.

A reputable sexual harassment lawyer cab help recover compensation for the following harassment damages:

  • Pain and Suffering
  • Mental Anguish
  • Emotional Trauma
  • Restraining Orders
  • Post-Traumatic Stress
  • Relocation
  • Therapy

Article Source: http://EzineArticles.com/9872632