Scenario: WIRETIME, Inc. (Janet) Has WIRETIME, Inc. committed any torts? If so, explain. Yes, WIRETIME, Inc. has committed business competition tort. With them offering Janet a position within their company, who is a direct competitor of BUGusa, Inc. they are directly violating Janet's employment contract. A business competition tort states it is a tortious interference with an existing contractual relationship.
United States v. Microsoft Corporation 253 F.3d 34 (D.C. Cir. 2001) is a US antitrust law case, ultimately settled by the Department of Justice, where Microsoft Corporation was accused of becoming a monopoly and engaging in abusive practices contrary to the Sherman Antitrust Act 1890 sections 1 and 2. It was initiated on May 18, 1998 by the United States Department of Justice (DOJ) and 20 states. Joel I. Klein was the lead prosecutor. The plaintiffs alleged that Microsoft abused monopoly power on Intel-based personal computers in its handling of operating system and web browser sales.
“Roving bandits” versus “stationary bandits” a. the ‘roving bandits’ under anarchy conducted uncoordinated competitive theft, which destroys the incentive to invest and produce b. by contrast, a ‘stationary bandit’ monopolizes and rationalizes theft in the form of taxes by setting himself up as a dictator; a secure autocrat thus has an encompassing interest to provide a peaceful order and other public goods that increase productivity in his territory 2. the tenure of an autocrat matters: c. the brief tenure, the inherent uncertainty of succession in dictatorships imply that autocracies will rarely have good economic performance for more than one generation d. the conditions necessary for a lasting democracy are the same necessary for the security of property and contract rights that generates economic growth The first blessing of the invisible hand 1. Why have most populous societies throughout history normally avoided anarchy? a. Why should warlords, who were stationary bandits continuously stealing from a given group of victims, be preferred, by those victims, to roving bandits who soon departed? b.
In Villains of All Nations, Marcus Rediker argues that piracy in the Atlantic rose in direct response to the fundamental issues of the period – roughly, 1710s to 1720s. Specifically, those issues are, as Rediker contends, concerns of class, questions of race, gender issues, and political rhetoric. In the chapters of Villains, the over-arching themes of work, class, and power are used to tie together the government and religious authorities of the Atlantic with the pirates who plundered against their legitimacy. In chapter one, he argues that pirates were bold political “terrorists” who challenged eighteenth-century social order by creating a more egalitarian seafaring lifestyle. Rediker contends that on both sides of the piracy issue – religious/political figures and pirates – was a world of terror.
Abstract Microsoft has been investigated several times for antitrust violations. While most of those cases led nowhere, there was one suit brought forth that “the US articulated a compelling story of anticompetitive activity…” (Lopatka, 2008, para 1). Microsoft’s questionable practices were brought into light and determined to be in violation of the Sherman Act. This paper discusses what antitrust claims were made and whether those claims were valid. Microsoft and Antitrust Violations The purpose of antitrust statues is to preserve and promote free market competition in the United States (Mallor, Barnes, Bowers, & Langvardt, 2010).
Having trouble using Wikipedia today? That's because the popular crowd-sourced online encyclopedia is participating in an "Internet blackout" in protest of two controversial anti-piracy bills: The Stop Online Piracy Act (SOPA) and its Senate companion, the Protect IP Act (PIPA). Pictures: Websites go dark to protest SOPA The bills are intended to strengthen protections against copyright infringement and intellectual property theft, but Internet advocates say they would stifle expression on the World Wide Web. In essence, the legislation has pitted content providers -- like the music and film industries -- against Silicon Valley. CBS Corporation is among the media and entertainment companies that support the legislation.
1. Why wasn't eBay held liable for the infringing sales made by users? (HINT: Describe how the elements of the Inwood test apply to eBay's actions). Tiffany claimed the contributory trademark infringement of eBay, which was a judicially constructed doctrine, articulated by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. and found the liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. As established in Inwood, "if a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributor ally responsible for any harm done as a result of the deceit” (2nd Cir.
At the same time, PeopleSoft’s had an interest in acquiring J. D. Edwards, which seemed to upset Oracle. Overall, the deal seemed scandalous, but how did PeopleSoft ensure they were not going down without a fight, before the final deal was done and Oracle’s acquisition of the PeopleSoft for $10.3 billion Why did the executives of PeopleSoft reject the unsolicited takeover from Oracle Corporation? The reading suggests that the takeover was a ploy, to prevent the company’s acquisition of J. D. Edwards and damage PeopleSoft’s business, in doing so. The deal depended on the ability of PeopleSoft maintaining its stock price through trade of stock to acquire J. D. Edwards. Oracle’s mission was to deter new customers from purchasing PeopleSoft applications because of the uncertainty over the future of the company (Boatright 2009).
OWS believes that the rich and powerful have the power to resolve many issues that are concerning right now like environmental and economic emergencies but instead of doing so, they satisfy their greed with a short-term gain (Moore, 2011). The OWS primary goal is to make the economic structure and power relations in society fairer. The majority view of the protestors and moral implications is to fight for more government involvement and concern for the 99 percent that are not rich. The goal of the OWS movement is to restore democracy by getting money out of politics so that the people can take measures that will save the world from catastrophe and their principles are (Moore, 2011): 1. Engaging in direct and transparent participatory democracy.
This is an international protest movement where the moral foundation of the OWS Movement appears to be focused around fairness, care, and liberty from oppression. The main moral issues are against social and economic inequality, greed, corruption, and the undue influence of corporations on government—particularly from the financial services sector. The Occupy Wall Street main focus is to make the economic structure and power relations in society a level of equality. The mainstream view of the protesters and moral suggestion is to push for more government involvement and concern for the nine tenths of the world that aren’t wealthy. Occupy Wall Street activist believe the economic system is not fair and is set up in way such that now only the rich are getting richer, and the poor are getting poorer.