Wednesday, November 6, 2019
Biography of Erwin Rommel
Biography of Erwin Rommel Free Online Research Papers Erwin Rommel also known as the German ââ¬Å"Desert Fox,â⬠maybe known for the best German general ever. He was known mostly for his brilliant tactics and his ability to anticipate opponents. Even our own American General Winston Churchill said his enemy was very skilled and good. Erwin Johannes Eugen Rommel was born in Heidenheim, Wurttemberg, on Nov. 15, 1891. In 1910 as a young boy he wanted to start a career in engineering, but his father disapproved and sent him to join the German army. He enlisted with his local infantry regiment, the 124th Infantry Regiment as an officer cadet. After just three months Rommel was promoted to the rank of Corporal, and then again just three months later became Sergeant. Rommel was climbing up the line of ranks very fast. Then in 1911 he went to the officersââ¬â¢ military school in Danzig. While Rommel was here he met and feel in love with Lucie Maria Mollin. They got married in 1916 and further had a baby in 1928, named Manfred. During World War One Rommel saw action at a very young age and did very well. He was a junior officer at France, Italy, and Romania and from this he earned the Iron Cross for his bravery and well fought battles. In May of 1917, Erwin Rommel was transferred to the Western Front, in the area of Hilsen Ridge. Then in August he moved to the Carpathian Front, where he took part in the assaults on Mount Cosna and Caporetto. For his outstanding action at Caporetto Rommel was awarded the Pour le Merite and was promoted to the rank of Captain. Rommel was just one of the few junior officers who had received this reward for it was usually reserved for Generals. For this Rommel was very proud and honored. After this Rommel was sent away to a junior staff appointment, where he remained until the end of the war. The next few years Rommel went to various sites to lead troops during the war. While he wasnââ¬â¢t fighting at this time he wrote books and instructions of special infantry attacks. He even became an instructor and gave lectures on how to fight. Rommel was always involved with the war, even when he wasnââ¬â¢t fighting. In 1933 things only started to get better for Rommel. He became well known and started to climb up the ranks even further. He was promoted to Major and was sent to Goslar. In October of 1935, Rommel was promoted to the rank of Lieutenant Colonel and received the position of the teacher in War Academy in Potsdam. In September of 1939, Erwin Rommel was promoted to the rank of Major General. From here he had the job of being Adolf Hitlers Bodyguard for the duration of the Polish Campaign. At the Polish Campaign Hitler allowed Rommel to pick the site where he would like to command. Rommel asked for a Panzer Division, because he realized there he could use the tactics of Blitzkrieg there. Even without any experience of Panzer warfare Hitler granted him his wish. On February 15, 1940 Rommel received the command of 7th Panzer Division. Rommel adjusted to Panzer warfare and became prepared for war. On May 10th of 1940, Germany invaded the Western Europe. On May 12th, the 7th Panzer Division reached Dinant and on May 13th, after heavy fighting crossed the River Meuse. By May 20th Rommel and his troops had made it to Arleux. From there Rommels plans were to by-pass Arras and then turn northwards to the direction of Lille. On May 21st, Rommel reached Arras, where his forward units where counter-attacked by 70 British tanks. Here is where tank killers were first used against ground targets. These ââ¬Å"tank killersâ⬠were very effective in warfare. The 7th division was such a success in the Battle of France, because they moved very fast and covered large amounts of area. But, during this battle Rommel also did things his staff criticized him for. Rommel fought with his troops on the frontline most of the time. When fighting Rommel didnââ¬â¢t want to be disturbed, so he turned off his radio and lost all communication with other German Divisions. So, from Rommel turning off his radio at times no one knew where the 7th division was. This is where they received the title of the ââ¬Å"Ghost/Phantom Divisionâ⬠. In January of 1941, Rommel was once again promoted to the rank of Lieutenant General. Right after this in early February he was ordered to Berlin. There he was given his next assignment, to command Deutsches Afrika Korps (German Africa Corps). Here they were to assist the Italians, because of there struggle against the British. The first fight was on February 24th where Rommel used the tactics of Blitzkrieg; this took the British by great surprise and resulted in a huge success for the Germans. Rommel and his troops continued to move eastward to capture such cities as Bardia and Salum. The 7th Panzer Division forced British and its allies to retreat to the safety of static defenses around Tobruk. It took Rommel more then once to breach the defense, but finally succeed and captured Tobruk. This is where Rommel gets his nickname ââ¬Å"Desert Foxâ⬠, because he was constantly using tricks in order to outsmart his enemies. At the same time he received this nickname he also got the name of the youngest German Field Marshall ever, only at the age of 50. One great method of fighting the Desert Fox created was ââ¬Å"The 88 Ambushâ⬠. Normally the 88mm stood very tall and had a high profile, but Rommel had the Germans put the 88mm so deep into the ground only 30 to 60cm showed and then put a tent over the gun for even more protection. This made it very hard for the British to see the gun. Rommel would send out dummy tanks for bait for the British. The British would see the easy target and follow the tanks. But, it was a perfect trap, the German tanks would lead the British right into the 88mmââ¬â¢s. The Germans would have a point blank shot at the British. The 88 Ambush fighting tactic was one of Rommelââ¬â¢s most famous. Rommel led the Afrika Korps for about another year. There wasnââ¬â¢t much success though. He launched many invasions and battles but many were losses and retreats. Rommel requested more troops and materials at many points but usually didnââ¬â¢t get them, because of the location. It was too far and hard to get to. Finally, Rommel became ill and left for Germany to receive medical treatment. When Rommel felt better he went back to Africa to rejoin his 7th division. But, things had not got much better. He once again tried and tired to fight off the Allied Forces but, couldnââ¬â¢t do much due to the lack of troops and materials. The Germans were moving no where in Africa and were losing men. Rommel then again went back to Germany to try to persuade Hitler to leave North Africa, because it was getting hopeless. Finally, on May 13th of 1943 the Axis forces surrendered all there 200,000 men in North Africa. In December 1943 Rommel was appointed to start preparing for the Western Europe Invasion. Here Rommel designed yet another fighting tactic called ââ¬Å"Rommel-Spargelâ⬠. When the invasion began in July 1944 Rommel began to think the war was hopeless and never going to end. But, before he could help overthrow Hitler, he was injured in a strafing air attack on July 17th of 1944. On August 8th, Rommel was moved from the French Hospital to Herrlingen, where he was under house arrest. Rommel was given the choice of suicide, or to be reported as death from his wounds, as an alternative to execution as a traitor. Then finally on October 14, 1944, Rommel was taken to the hospital at Ulm, where he died by his own hand taking the poison. On October 8th, 1944 Erwin Rommel was buried with military honors. Hitler even made this day a national day of mourning. Erwin Rommel died a great and honored General. He was and will be remembered for his great war tactics and a well liked general. All enemies respected Rommel not only because he was smart, but not a bad person either. He was never involved in any war crimes and made sure all his prisoners of war had water to drink. Rommel played a huge role in the World Wars, and that is why he climbed the line of ranks so successfully. The Desert Fox will always be remembered. Research Papers on Biography of Erwin RommelAppeasement Policy Towards the Outbreak of World War 2Assess the importance of Nationalism 1815-1850 EuropeHonest Iagos Truth through DeceptionUnreasonable Searches and SeizuresQuebec and CanadaResearch Process Part OneWhere Wild and West MeetMarketing of Lifeboy Soap A Unilever ProductPersonal Experience with Teen PregnancyHip-Hop is Art
Monday, November 4, 2019
Strategic Management Assignment Example | Topics and Well Written Essays - 2000 words - 4
Strategic Management - Assignment Example n and put into adherence through proper and strategically managing of both resources available to the company, that which that the company already possess and taking advantage of it marketing strategy to achieve its goals and those of its shareholders. This paper focuses on strategic management of an organization, its aim and concepts, principles, key factors affecting it such as external, internal and industrial environments. It also describes strategic formulation. Strategic management is the art of making decisions for an organization or company, taking into consideration the competitive market in which the organization finds itself and other factors affecting it in regards to achieving the organizations goals and objectives with the best interest in creating a profitable environment for both the company and its shareholders (Dess, 2005). Strategic management is all about analyses, making choices and seeing that those choices are implemented. Strategies are meant to give the organization or company a focus, direction in which to channel its efforts as per the environment it finds itself in and define major characteristics of the companyââ¬â¢s goals. After this analysis, the management group needs to make appropriate decisions, on how to find their place in the market by making great and applicable marketing strategies as to help them gain and a substantial amount of clients, while attracting more for their goods and services in this market regardless of the external competition they face making sure that their ideas of marketing or goods production are not able to be copied by other competitive partners in the market. This means that the company ought to try do everything differently from their competitors in terms of decision making especially due to the constant market competition that they face as this will help them sustain themselves in the market for long as their ideas cannot be copied (Irene M. Duhaime, 2012). After a choice of decisions has been made,
Saturday, November 2, 2019
How closely management and leadership are connected for maintaining Essay
How closely management and leadership are connected for maintaining the normal flow of an organization - Essay Example The concepts management and leadership differ greatly in terms of organising people, but the two are closely linked as they both maintain the normal flow of the organization. They entail setting what needs to be acted upon, mobilize individuals to achieve a certain goal, and lastly ensure that individuals perform their duties. Leadership is often about setting a direction for individuals to follow, but on a complementary perspective management directs these individuals based on established principles or values. As stated by Lopez (2014) leadership involves realizing potential in oneself and others. Above all, managing has planning and budgeting, this means that managers create appropriate plans that will contribute to the success of the organization, and leaders ensure that they direct their followers to the right direction that will enable them to work towards achieving the goals of the organization. In addition, while managing deals with organizing and staffing to help in achieving organizational goals, this is as clarified by Ratcliffe (2013) ââ¬Å"â⬠¦ management is a set of processes that keep an organization functioningâ⬠. On the same note, leading is all about aligning individuals in a more effective manner in order to achieve the goals of the organization, this indicate how these two concepts aims at maintaining the normal flow of the organization. Furthermore, management and leadership are linked in ensuring that organizational activities flow normally is based on the nature of their functions. For instance, a leader creates the organizational vision and it is the managerââ¬â¢s duty to accomplish it (Gillikin, no date). Management is about establishing specific functions and assigning them to specific individuals. Moreover, it involves leading and regulating individuals and assisting them to move toward a common purpose in coordination. As clarified by Maccoby (2000 pp.57-59) ââ¬Å"The functions of management include
Thursday, October 31, 2019
Letter for the editor of Wall Street Journal Essay
Letter for the editor of Wall Street Journal - Essay Example economy did not fall, but reflected 0.0 percent in growth in the first quarter. Other firms, especially JP Morgan agree that the economy fell by a minor 0.2 percent rate, raising questions concerning the validity of quarterly estimates (Mitchell). As it is the case with all reports about the economy, the government announces employment, retail sales, and GDP estimates early, whose data is incomplete. When other data is introduced, the government should adopt the revised values. For GDP, the government should present first estimates then make two revisions for every quarter. The first GDP reading presented for the first three months of 2015 indicated a growth of 0.2 percent. The second reading indicated -0.7 percent growth. This is because it emphasized on data that incorporated a rise in trade deficit, which prevailed at the end of first quarter (Mitchell). Thus, based on these projections, I propose that the first quarter is not horrifying as economists anticipated. This is because the economy is showing signs of growth, particularly because of the growing income, which is fostering consumer spending in diverse industries across the country. Mitchell, Josh. Reports of the U.S. Economyââ¬â¢s Contraction Have Been Greatly Exaggerated. Wall Street Journal. 11 Jun. 2015, web. 12 Jun. 2015.
Tuesday, October 29, 2019
Mobile Phones Essay Example for Free
Mobile Phones Essay Mobile phones have had such a large impact in our modern twenty-first century societies, that they have become part and parcel of our daily lives. Nowadays, it has become the norm in our towns and villages to see people who are busy tapping on their cell phones. Mobile phones have changed the way people communicate. These devices are carried anywhere people go because they are light and easy to carry around, such that everyone is constantly in touch with others. This is very different from when home and work telephones were the only means of communication. Nowadays, people can call each other using their mobile phones wherever they are as long as there is reception, regardless of the country they are in. This can be life-saving when emergency calls are needed, while also very useful to communicate with work colleagues, family and friends. Furthermore, mobile phones have also given birth to text messages, which are found to be more convenient than phone calls, because they can be answered at the receiverââ¬â¢s convenience without being disturbed. Read more:à Essay on Use of Mobile Phones by Students Smart phones are the latest kind of mobile devices, which have been available for only a couple of years. These phones continue to enhance our communication, mainly by using the internet for third party services, such as chatting and social networking sites. Moreover, these phones can be used for a multitude of other things, such that they are able to have the function of a computer, a music player, a camera, a video camera, a gaming console and a diary, among other uses. Mobile phones have also been of a disadvantage to their users. People in modern societies are often found to be addicted to their cell phones. They check if they have any new message over and over again, even when they are out with their friends or when they are on a date. Firstly, this obsession shows lack of manners because mobile phones are given more importance than the person in front of them. Secondly, this lack of priorities can often be dangerous, for example while driving. The latest smart phones could be very expensive. Even though there are a variety of affordable cell phones and smart phones, some people, most often youths, spend hundreds of Euros every year to buy the latest smart phone, although having only a small improvement over the previous one. Generally, this is a result of persuasive and costly advertising made by giant manufacturers. Furthermore, this has also been a common subject for bullying in schools. Mobile phones have obviously made peopleââ¬â¢s work and personal life much easier. As long as these are used with caution and moderation, cell phones do not have any particular negative impact on peopleââ¬â¢s lifestyle and health.
Sunday, October 27, 2019
Interest of Stakeholders and Copyright Law
Interest of Stakeholders and Copyright Law Introduction Copyright law has been developed into major issue when it comes to the interest between the stakeholders as the technologies today are evolving in decent speed. Copying an intellectual property without the authorisation of the owner is an infringement under the law of United Kingdom and European Union. Under European copyright law, art.2 of Directive 2001/29/EC stated that authors, producers and performers will possess the exclusive right for the reproduction of their own works.[1] However, when it comes to private copying, there is an exception under the directive with certain conditions. This could be said as the balance of the interest between the copyright owner and user of the products. A private copy is defined as any copy for non-commercial purposes neither directly or indirectly by a natural person for personal use.[2] The private copy exception is provided in the art.5(2)b of the DIRECTIVE 2001/29/EC, where Member States may provide for exceptions or limitations to the reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, the right holders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned; [3] The would permit someone to format shift (i.e. shift content from one format to another); or space-shift (i.e. move content to different personal devices or media); and back-up copies that they have acquired.[4] As a mechanism for fair compensation, 22 out of 27 European Union members have chosen to meet the requirement through a levy system[5] The fair compensation or the levy system of private copying mainly to compensate the copyright owner for the potential harms to their works due to private copying.[6] In Padawan SL v Sociedad General de Autores y Editores de Espana (SGAE), the court held that held that fair compensation is an autonomous concept of EU law which had to be interpreted uniformly in all the Member States that had introduced a private copying exception: although it is open to the Member States, pursuant to Article 5(2)(b) of Directive 2001/29, to introduce a private copying exception to the authors exclusive reproduction right laid down in European Union law, those Member States which make use of that option must provide for the payment of fair compensation to authors affected by the application of that exception. An interpretation according to which Member States which have introduced an identical exception of that kind, provided for by European Union law and including, as set out in recitals 35 and 38 in the preamble thereto the concept of fair compensation as an essential element, are free to determine the limits in an inconsistent and un-harmonised manner which may vary from one Member State to another, would be incompatible with the objective of that directive[7] The exception had to satisfy a three-step-test provided in art.5 of the Directive (also in Art.9.2 of the Berne Convention, Art.10 of the WIPO Copyright Treaty and Art.13 of the TRIPS Agreement).[8] The exception can only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holder.[9] Legislators of Member States must take into account the criteria provided in the test when implementing the exception to the copyright in national legislation.[10] There are still uncertainties in the scope of this exception. When it comes to the second step of the test, the phrase normal exploitation remain as a broad and unclear concept. [11] To prevent most of the infringement of exploitation, the definition of the phrase need to be interpreted in clear and restrictive approach to limit certain range of exploitation of works. reference is often made to the WTO Panels report, in which the criterion of normal exploitation was deemed to involve consideration of the forms of exploitation that currently generate an income for the author as well as those which will be probably important in the future.[12] , it could impose a status quo and prevent any extension of exceptions to new situations unforeseen by the letter of the text, but which could derive from its spirit. On the other hand, reference to future exploitations runs the risk of paralyzing exceptions every time a technical evolution allows to control previously uncontrollable uses, and thus creates new possibilities for exploitation.[13] As concerns the control by right holders of the uses of their works through technical measures, this could even lead, in the long run, to the disappearance of limitations in the digital environment.[14] , a conflict with the normal exploitation can only occur if the author is deprived of a current or potential market of considerable economic and practical importance.[15] One of the issue regarding this point is that art.5(2)(b) didnt expressly state that whether the private copy exception only refer to copies from lawful sources, or involving the copies from illegal sources. Due to this uncertain area, the exception does not actual provide the copyright holders to authorise or prohibit the users from making a private copy. Nonetheless, the uncertainty could not be leading to the meaning of that the provision could demand the copyright holders to tolerate with the infringement of rights within private copy. This issue occurs in Netherland, where the Government of Netherland stated that the source of copy is irrelevant despite it is unlawful. The reason provided by the Government is that mere downloading is not a form of reproducing or making available. However, the Government held that the damages caused by illegal downloading to the copyright holder will be compensated by blank levies. The Government confirmed that only the act of uploading the unlawful content would be considered as an act of infringement, instead of mere downloading the work. The blank levies provided for illegal downloading could seen as protecting the interest of copyright holders as it would be practically impossible to enforce copyrights within the private copy area.[16] However, the legality of the sources of reproduction is matter to private copy exception. Court of Justice of European Union(CJEU) in the case of ACI Adam BV v Stichting de Thuiskopie [17]mentioned that Member States should not permitting private copy exception for any reproductions from unlawful sources as it could lead to negative impact on the functioning of the internal market[18]. In fact, tolerate to the unlawful distribution of illegal works would only legalize the act of infringement and will not minimising the act of illegal downloading. Thus, the CJEU said, art.5(2)(b) seek to ensure the proper functioning of the internal market and ensuring proper support for the dissemination of cultural works.[19] Why illegal downloading from unlawful sources shall not be legalised? First, legalising the act of illegal downloading would promote piracy, which would reduce the sales of the works from lawful sources and contravene the normal exploitation of works. Allowing illegal downloading would put the copyright holders in a position where they have to unreasonably tolerate the act of infringements, and this is clearly discriminating their legitimate interests.[20] To clearly distinguish copying from unlawful sources from private copy exception, the national legislators could achieve it by implementing a condition into the law that prohibit the acts of reproduction from the source that is obviously unlawful. [21] This approach has been taken by certain Member States to clarify the downloading act from unlawful sources not to be recognised as private copy. The German legislator expressly did in his first implementation act of the Directive (s.53(1) of the law of September 13, 2003, also called the first basket). Spain adopted a similar solution in the law of July 7, 2006, stating in Art.31.2 that the reproduction must be made from a legally accessed source to qualify as private copy. [22] Still today, it remains uncertain whether private copying is a mere defence or is actually enforceable against undue restrictions[23]. In fact, even where private copying is statutorily permitted, right holders may foreclose its exercise by relying upon technological protection measures or through licensing terms. To develop this interesting thesis more in detail, as the perspective adopted is mainly an EU one, it would have been interesting to include a discussion on the history behind the drafting of art.5 of the InfoSoc Directive (this is the relevant provision on copyright exceptions and limitations, including private copying).[24] However, the problem with the three-step test is probably to be found elsewhere: in the Directive of 2001. There, the test seems to be addressed not only to the national legislature but also to national judges.36 This gives it a broader scope than in the international conventions.37 Judges may be required to examine whether the application of a limitation in a specific case respects the conditions of Art.5.5. National courts in Europe have already analysed the application of national limitations to copyright in the light of the three-step test.38 Indeed, it is difficult to dispute judicial reliance on the test where it has been implemented in national law.39 The danger of such an approach is obvious: the private copy is at risk of being challenged by judges. Its scope risks dramatic reduction. The decision of February 28, 2006 of the French Supreme Court delivers an outstanding example.40 In this much commentated decision, the Supreme Court applied for the first time Art.5.5 of the directive in order to overcome the application of an exception in favour of a technical protection measure, arguing abstractly and generally that the private copy of a DVD conflicts with the normal exploitation of the work, without providing a definition of this term at any time.41 To avoid such misuse of the test, some guidelines *E.I.P.R. 128 for the judges of how to interpret the test in a more balanced way should urgently be worked out. The Max Planck Institute for Intellectual Property and the Queen Mary University of London jointly put in place a working group of European scholars that are currently working on this issue.42 Private Copy Exception in United Kingdom Copyright law in the United Kingdom has been evolving in recent years and the changes started to get significant since the Gowers Review of 2006 and the Hargreaves Review of 2011, gathering pace with the Enterprise and Regulatory Reform Act 2013.[25] The report in Hargreaves Review of intellectual property and the digital market in May 2011, recommend that the UK should implement the exception to ensure that the law kept up with digital copyright use.[26] For the first time, the UK legislator had implement the private copy exception into the national law. The exception was introduced by s.28B of the Copyright, Designs and Patents Act(CDPA) of 1988. This section of CDPA was enforced on October 1, 2014.[27] The new act implemented only allow copy from lawful sources for private purpose of individual concerned only. This exception does not include the passing of copy to family and friends which was allowed in the Directive. Such an exception would permit people legally to copy any work that they had access to and it would be easy to obtain copies of works without paying for them.[28] As to the narrower implementation, the Government stated that such implementation would cause no more than minimal or zero harm to the copyright holders. Based on this condition, there were no compensation provided for copyright holders in S.28B CDPA by the UK Government.[29] Problem with S.28B of CDPA The exception provided by the Directive allow the passing of copies to family or friend but the exception implemented in UK legislation prohibited such act. Professor Hargreaves suggested the Government should introduce an exception to allow individuals to make copies for their own use and that of their immediate family on different media. Importantly, Professor Hargreaves thought that the question of compensation was wrapped up in the copyright holders freedom to choose an appropriate price: Rights-holders will be free to pursue whatever compensation the market will provide by taking account of consumers freedom to act in this way and by setting prices accordingly.[30] The biggest issue in the S.28B of CDPA is that the fair compensation as provided by the directive is not implemented into the exception. Based on the directive, fair compensation to the copyright holders only could be exempt if the damage caused would be de minimis or minimal. [31]However, the UK Government commissioned a research study and impact assessment that showed the harm that would likely cause to the copyright holders due to the private copying acts permitted in S.28B of CDPA would be minimal. The main reason is that the exception only applies to rightfully acquired copies which the copyright holders would receive the sufficient remuneration at the sales of the works, which the compensation was already priced in.[32] Quashing of S.28B CDPA The exception introduced by UK Government had been challenged after it had been introduced by British Academy of Songwriters, Composers and Authors, Musicians Union and UK Music 2009 Limited. The parties had applied for judicial review on the newly introduced exception on the basis that it failed to provide fair compensation as in the Directive to the copyright holders which would be unlawful.[33] The main issue leads to the quashing of the Regulation is that whether there is evidence of the harm to the copyright holders which would be minimal to determine that compensation scheme is not required as provided by the Regulation.[34] The judge reviewed the evidence provided in Governments Updated Impact Assessment and stated that evidence to prove the harm is minimal do not meet the satisfactory level.[35] The judge also criticised the IPO Research Report provided as evidence that lack of consumer surveys, price analysis and comparative analysis with other Member States.[36] How the Exception Affect the Interest of Stakeholders When it comes to the interest of the copyright holders, we would straight pinpoint to the fair compensation issue. The reproductions of works are getting easier and wider due to advancement of technology. As downloading from unlawful sources would not be considered as private copying, CJEU in its decision in ACI Adam stated that the levy system would not be applied to illegal downloading from unlawful sources.[37] Such development had great impact on certain countries which dont distinguish between lawful and unlawful sources for private copy exception. [38] However, as large part of copies made online from unlawful sources, the levy system should be implemented to compensate such condition as only compensating copies made from lawful resources would left the copyright holders to bear the losses. Copyright holders had to prosecute the users to get remuneration for copies from unlawful sources. Such approach does not balance the interest of copyright holders if the users continue to access the unlawful sources instead of the legal online services provided.[39] Distinguishing illegal downloading from the exception would make the law serves better, but it taken away the minimum damages to be suffered by the copyright holder as online piracy and illegal downloading would not reduce merely due to removing such act from private copy exception. The decease of compensation for copyright holders would not be a reasonable solution as private copying is increasing. The interest of the copyright holders would be harmed due to such limitation instead of getting protected.[40] Recent Development In Entidad de Gestion de Derechos de los Productores Audiovisuales (EGEDA) v Administracion del Estado, the funding scheme of Spanish for private copy exception was criticised by the ECJ, where the court held that the scheme does not guarantee the cost of such compensation would solely bear by the user who made private copy.[41] In Case C-521/11 Amazon.com (11th July 2013) at paragraph [20], in relation to the person who has to pay, the Court confirmed that à ¢Ã¢â ¬Ã ¦since the provisions of Directive 2001/29 do not expressly address the issue of who is to pay that compensation, the Member States enjoy broad discretion when determining who must discharge that obligation[42] However, the ECJ held that the Copyright Directive shall precludes budgetary scheme such as the scheme established in Spain to work as fair compensation to the copyright holders due to the private copy of their works as such scheme would involve a legal person who did not conduct such reproduction to bear the funding with those who make reproduction of works for private purpose. As the scheme could not guarantee the cost of that fair compensation is ultimately borne solely by the users of who make private copies, it shall not be treated as the fair compensation to the copyright holders even though Member States have the discretion to determine the legal person to bear such obligation.[43] [1] European Competition Law Review 2011 Case Comment Copying levies: moving towards harmonisation? The European Court rules on the concept of fair compensation for rightholders Bill Batchelor Tom Jenkins Matthew Butter [2] International Survey on Private Copying Law Practice 2015 [3] Art. 5(2)b of DIRECTIVE 2001/29/EC [4] Paragraph 91 R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [5] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310183/ipresearch-faircomp-201110.pdf [6] Entertainment Law Review 2009 Finland: copyright Mikko Manner [7] Paragraph 36 Padawan SL v Sociedad General de Autores y Editores de Espana (SGAE) (C-467/08) [8] European Intellectual Property Review 2008 The answer to the machine should not be the machine: safeguarding the private copy exception in the digital environment Christophe Geiger [9] Art. 5(5) of DIRECTIVE 2001/29/EC [10] Refer to no.8 [11]Refer to no.8 [12] THE ROLE OF THE THREE-STEP TEST IN THE ADAPTATION OF COPYRIGHT LAW TO THE INFORMATION SOCIETY Christophe Geiger [13] In this sense also M. Buydens and S. Dusollier, Les exceptions au droit dauteur : à ©volutions dangereuses: Comm. com. à ©lectr. Sept. 2001, p. 13; J. C. Ginsburg (prec. note 20), p. 48, which underlines the risk that the traditionally free uses, such as for training purposes or parody, be considered as normal exploitations, supposing that right holders manage to implement a profitable collecting system. [14] See also in this sense M. Buydens and S. Dusollier (prec. note 30), p. 12. For more developments, see C. Geiger (prec. note 8), nÃâà ° 418 and s. [15] International Review of Intellectual Property and Competition Law 2006 The private copy exception, an area of freedom (temporarily) preserved in the digital environment Christophe Geiger [16] Entertainment Law Review 2008 Case Comment Netherlands: copyright home copying Diederik Stols [17] ACI Adam BV v Stichting de Thuiskopie [18] Entertainment Law Review 2014 Case Comment Private copying levies, illegal online sources and the private use defence: Case C-435/12 ACI Adam BV v Stichting de Thuiskopie1 Kirsten Toft [19] Refer to no.18 [20] International Review of Intellectual Property and Competition Law 2015 Case Comment Private copying and downloading from unlawful sources Joao Pedro Quintais [21] Refer to no.8 [22] Refer to no.8 [23] European Intellectual Property Review 2013 Publication Review Private Copying: The Scope of User Freedom in EU Digital Copyright Stavroula Karapapa Reviewed by Eleonora Rosati* [24] [25] Entertainment Law Review 2015 Case Comment You say you want a revolution: judicial review of the UKs private copying exception James Sead Rebecca Pakenham-Walsh [26] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [27] s.28B of the Copyright, Designs and Patents Act of 1988 [28] Para 71 R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [29] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [30] Paragraph 53 of R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [31] Recital (35) of Directive 2001/29/EC [32] European Intellectual Property Review 2015 A comparative study on the reproduction by natural persons for private use exception to copyright in the UK and France Myriam Otaola Allende* [33] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [34] Entertainment Law Review 2015 Case Comment You say you want a revolution: judicial review of the UKs private copying exception James Seadon* Rebecca Pakenham-Walsh [35] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying e
Friday, October 25, 2019
Response to the Film William Faulkner, a Life on Paper :: Movie Film Essays
Response to the Film William Faulkner, a Life on Paper My first response in general to the film is how utterly scary many of the people interviewed were. Coming from Central Florida, I can honestly say I am not from the Deep South, as there were several instances where someone was speaking in the film and I simply could not figure out what they were saying through their accent. Of the people interviewed who were not locals from Mississippi, many of the Hollywood representatives were decidedly more intelligible yet no less intimidating, many of them men I would not want to be stuck talking to in a party. But aside from such characters, the film created an interesting portrait of Faulkner the father. One could certainly see intent on the filmmakersââ¬â¢ part to cast Faulkner the father in the shadow of Faulkner the author. The film shows interviews with two of Faulknerââ¬â¢s daughters: one full and one stepdaughter. Intriguingly, the latter of these is shown speaking on camera only once, a scene in which she characterized her stepfatherââ¬â¢s severe drinking problems and how scared she was of her stepfather during those experiences. Jill, his full daughter, seemed to go along with these sentiments. She recalls one time she tried to stop him from drinking, to which he responded with the most memorable line of the film: ââ¬Å"Nobody remembers Shakespeareââ¬â¢s child,â⬠which apparently was effective in discouraging any further attempts to stop his drinking. Jill seems ambivalent of her father. On the one hand, she knows she is on camera speaking about her famous and beloved father, and is thus expected to like him. And indeed, she does effectively convey some sense of love for her father. But she simultaneously embeds a disconnectedness from her father. If she had not repeatedly referred t o him as Poppy, one would never catch on that she was his daughter. Her revelations and reminisces seem hardly familial, but rather read the same way all of the other memories of him do: enigmatically and unfamiliarly. The film suggests Faulkner does not feel disappointed in having a daughter rather than a son, and I might go so far as to believe that this characterization of the unfamilial child would have existed for a son as well.
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