Sunday, May 12, 2019
Legal memo see assignment criteria (uk civil law course) Essay
Legal memo see assignment criteria (uk civilian law course) - Essay ExampleBrief Answer Yes, Mr. Kenobi is entitled to a fair royalty from Jedi and he also could seek a court injunction requiring his pictures to be removed from Jedis website until the royalty is received. Since i) Mr. Kenobi chiffonier prove that the pictures are his and ii) Jedi did digitally copy the pictures intentionally by deliberately uploading them onto Emperors server, this constitutes radical infringement. No, Mr. Kenobi is not entitled to any damages or royalties from Emperor. Since Empire is only providing a hosting service for Jedis website, Emperor did not directly nor intentionally copy the pictures, it simply received a copy of the pictures from Jedi done the rendering of a hosting service. This only constitutes secondary infringement and there was no intent to copy. Probably, Empire is nonimmune to Jedi for the fair market value of the secret formula, unless specific damages had been outlined in the contract betwixt them. Since Empire did not copy the information directly, it does not constitute primary infringement. ... of their unregistered design mightily and could also seek a court injunction to not only prevent the further abominable use of their secret formula, but also have all products where their secret formula was illegally use recalled until the royalty is received. Statement of Facts This accountability is considering possible liability between Jedi, Emperor and Mr. Kenobi. Jedi has posted on its website (hosted by Empire) pictures reputed to belong to Mr. Kenobi. Despite Mr. Kenobi having threatened to sue both Jedi and Empire unless the pictures are removed, the pictures have remained on the website. This office is also considering possible liability between Emperor and Jedi. Although Jedis CEO had specified to Empires CEO that their selective information was sensitive, Mr. Maul and his team have incorrectly configured security permissions, resulting in 27 other Empire customers gaining access to data in Jedis account, including Jedis secret formula for their alight Saber Ultra-Pro shoes. This formula has been published shortly after on over 5,000 websites, and Jedis competitors have already begun manufacturing shoes using Jedis secret formula. Discussion It is unlikely that Mr. Kenobi will be awarded any damages, royalties or other compensation from Empire. Indeed, in order for such an award to be made, it must be naturalised that i) Mr. Kenobi is the rightful owner of the rights to the pictures and that ii) the pictures have been copied by Empire without Mr. Kenobis permission or consent. While it is claimed that Mr. Kenobi passel prove that the pictures are his, since Empire has also been involved in an involuntary breach of confidentiality regarding sensitive data belonging to Jedi (who uploaded the pictures), this raises the question of the legitimacy of Mr. Kenobis claim are
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