Medical Attributes of Cannabis sativa - Marijuana Essay -- Exploratory

Clinical Attributes of Cannabis sativa - Marijuana Cannabis sativa is an erect herb generally known as hemp or pot, or by vernacular names, for example, grass, weed, allude, and pot. C. sativa is an individual from the Cannabinaceae or hemp family. Maryjane can be developed wrongfully in eastern and focal North America. Maryjane was lawful in the United States for modern, recreational and restorative uses until 1937 (Anon., 1996a). C. sativa contains around sixty different psychoactive synthetic substances called cannabinoids. The most dynamic segment in C. sativa is tetrahydrocannabinol or THC which is found in most prominent fixations in the blooming tops and leaves of the hemp plants. The word cannabis alludes to the entire plant and the sap from hemp or additionally called hashish (Anon., 1996b). By and by, C. sativa has four therapeutic qualities. In the first place, it is utilized to alleviate queasiness and increment hunger. Second, it realizes the decrease of intraocular pressure in glaucoma. Third, it causes a decrease of muscle fits. Fourth, it gives alleviation from mellow to direct ceaseless agony (Anon., 1996a). In 1975, an investigation was led trying the impacts of maryjane on the cardiovascular framework. Individuals between the ages of 30-40 years, whom had never smoked weed were utilized for this investigation. Results indicated that there is no immediate heart impact of tetrahydrocannabinol (THC) except if the THC portion is 50 overlap. There were no adjustments in incitement of ephedrine creation (which invigorates the thoughtful sensory system), levels of blood glucose, lactate or pyruvates and unsaturated fat parts. Changes with these impacts were seen when the THC portion was 50 crease (Beacansfield, 1975). In an investigation in 1982, analysts examined the natural effe... ...s antiemetic medication: An overview of oncologists' encounters and perspectives. F. Cline Oncology 9:1314-1319. Sallan, S.E., N.E. Ainberg, and E. Frex. 1975. Antiemetic impacts of delta-9-tetrahydrocannabinol in patients accepting malignant growth chemotherapy. The New England Journal of Medicine 293:795-797. Singh, N., S. Vrat, B. Ali, and K.P. Bhargava. 1981. An appraisal of natural impacts of incessant utilization of cannabis in human subjects. Quarterly Journal of Crude Drug Research 19: 81-91. Tashkin, D.P., B.J. Shapiro, Y.E. Lee, and C.E. Harper. 1975. Impacts of smoked weed in tentatively prompted asthma. American Review of Respiratory Disease 112. Volfe Z., A. Dvilansky. also, I. Nathan. 1985. Cannabinoids square arrival of serotonin from platelets prompted by plasma from headache patients. Universal Journal of Clinical and Pharmacological Research 5:243-246.

Essay Samples For Graduate School

Essay Samples For Graduate SchoolEssay samples for graduate school are great if you have a specific topic you want to learn more about. Theses are useful if you plan on making this as a career or if you just want to brush up on your writing skills. You should be able to find a sample that you like and then see what you think about your new ability to write an essay.It's important to get an essay in before the deadline because you never know when you'll be doing this type of paper again in your future. These papers are used for all levels of the education system. It could be for elementary, middle school, high school, college, or even graduate school. Theses can also be used by anybody and it doesn't matter what level you're at.If you have had experience with writing essays for other courses or classes in your coursework and wish to try it in graduate school, you could check for different examples from those you've read. There are many sites online where you can search for topics and different sections of essays. You might find a couple of sample essays that look interesting. Or if you were to check your local library, there are some old books that have some essays in them as well. Take a look around and find some great essay samples for graduate school that will help you as you enter your education.One thing to look for in essay samples for graduate school is if they include a bibliography of references. This is a list of references or books that are related to the topic at hand. Many people do not have the time to list out their references or that they do not own a college book on the topic. It is always best to be prepared and you should have an idea of how many references you need for your exam so make sure to look through the sample for the requirements.Other resources that can help you out with this are the class you are taking and where your advisor lives. Many schools and universities offer a form that allows you to request assistance in writing a paper. Many schools also offer online help to take it or write the essay for you. There are many colleges that have an online support center for the essay that is needed. There are many other resources for you to take advantage of before you take your entrance exam.Theses could be the first time you're writing and you want to make sure that everything is correct and you are avoiding any possible mistakes. Check the essays for grammar errors and spelling errors. Look for inconsistencies in the style and sentence structure as well. Make sure that everything is correct.Make sure to use certain key phrases in your paper and make sure to properly identify the exact point that you are talking about. You can also read over your essays for critique. If you have done your homework and it has passed this level, then you can move on to another level of the process. You should remember that the purpose of the essays is to help prepare you for the test.It can be very helpful to compare your undergradu ate work with your master's work to see if you are making progress with the essay topics. Theses are great tools to have in your resource box to help with your choice of a topic. These are easy to use and come in a variety of styles. Theses are also available in many different ways and you should be able to find the one that you need.

December Horoscopes and Book Recommendations

December Horoscopes and Book Recommendations Looking for the next book to add to your TBR? Let the stars be your guide with our December horoscopes and book recommendations! Find your astrological sign below for your December horoscope, perfectly paired with a newly released book. AQUARIUS (JANUARY 20-FEBRUARY 18) While December may be a difficult month for your family relationships, it will be a great time for your career and ambitions. It’s the perfect time to pursue a new goal or start a new business, but be sure your new pursuits are compatible with your spiritual needs. Read Djinn City (The Unnamed Press, November 28) by Saad Z. Hossain, where Bangladeshi kid Indelbed learns his father’s wizardry has put him in the center of an ancient Djinn war. You’ll see how family conflict can lead to an unexpected new world. PISCES (FEBRUARY 19-MARCH 20) December will be all about success for you, Pisces. You’ll find yourself challenged, but your natural intuition along with a little luck will help you overcome those challenges. The planets forecast special growth in your career. Try The Girl in the Tower (Del Rey, December 5), Katherine Arden’s sequel to The Bear and the Nightingale. Russian heroine Vasilisa has been condemned as a witch and driven from her home by frightened villagers, but she chooses to meet the challenge and set off on a grand adventure to protect Moscow. ARIES (MARCH 21-APRIL 19) This month you will find yourself invested in spiritual growth. Aries can often be intellectual and curious; you will see that manifested in philosophy and religion in December, perhaps encouraging you to explore overseas travel opportunities for 2018. You might enjoy Three Daughters of Eve (Viking, December 5) by international bestselling author Elif Shafak. The novel takes place at a dinner party in contemporary Istanbul, where Turkish woman Peri reflects on faith, love, and the effects of time in an unpredictable world. TAURUS (APRIL 20-MAY 20) Some may call you stubborn, but your persistent nature will pay off for you in December. You’ll see resolution to long-standing conflicts and rewards for your hard work in 2017. Remain grounded as you see your labors rewarded. Check out The Last Black Unicorn (Gallery Books, December 5) by comedian and actress Tiffany Haddish. It’s a hilarious and brutally honest memoir of how Haddish made it from foster care in one of the poorest neighborhoods in Los Angeles to the big screen as a breakout star in movies like Girls Trip. GEMINI (MAY 21-JUNE 20) This month, you’ll find your career and professional goals taking precedence over your family. This will be challenging during the holidays. While you may see great career growth in December, don’t forget to consider the needs of the important people in your life as well. Try In the Fall They Come Back (Bloomsbury USA, December 12) by Robert Bausch, where an idealistic English teacher fresh out of graduate school becomes so devoted to “saving” his most challenging students that he finds himself in complicated territory. CANCER (JUNE 21-JULY 22) The December Mercury Retrograde will cause confusion for you in major decisions, Cancer. I’m sorry to say that you’ll experience some pandemonium this month. Remain adaptable and be open to compromise, and you’ll make it through to 2018. Read Year One: Chronicles of the One (St. Martin’s Press, December 5) by Nora Roberts, a fantasy novel where a sudden sickness and governmental collapse lead to chaos. In a world of survivors, magick and witchcraft shape a new social order for those who remain. LEO (JULY 23-AUGUST 22) Your creativity will be running wild in December, Leo. The stars show great opportunities for growth and exploration this month. Look for places to express yourself in your work and your hobbies and you will reap the benefits. Check out Improv Nation: How We Made a Great American Art (Houghton Mifflin Harcourt, December 5) by Sam Wasson, which explores the rise of improv in the U.S., including the history of improv groups like Second City, the Upright Citizens Brigade, and SNL. Wasson argues that improv deserves to be recognized as the most influential American art form of today. VIRGO (AUGUST 23-SEPTEMBER 22) This month will be all about family and relationships for you, Virgo. It is holiday season, after all! Your professional aspirations will have to take a back seat as you focus on communication and compromise with your loved ones, especially with the December Mercury Retrograde adding a degree of unpredictability. I recommend Mother of All Pigs (The Unnamed Press, November 14) by Malu Halasa. It follows the Sabas family, three generations of women in a small Jordanian town, as they navigate the everyday realities of life in the Middle East. LIBRA (SEPTEMBER 23-OCTOBER 22) December will be a chaotic month for you, Libra. You’ll find yourself challenged to balance your independence and your reliance on others to address your problems. Lucky for you, you’re masterful at balancing acts! There might also be love for you in the stars. Try A Hope Divided (Kensington, November 28) by Alyssa Cole, a romance novel set during the Civil War where scientist spy Marlie and philosopher soldier Ewan are thrown together in their search for hope, freedom, and love. SCORPIO (OCTOBER 23-NOVEMBER 21) You will find yourself pulled in many directions by demands from career and family this month, Scorpio. Everyone wants something from you, but you’ll find that you still have the autonomy to meet these demands your own way. Remember to say no when needed and practice self-care. Try reading The Only Girl in the World (Little, Brown and Company, December 12) by Maude Julien, a dark yet magical memoir of a traumatic childhood. Julien’s fanatical parents subjected her to endless drills to “eliminate weakness. However,  she taught herself to survive through inner compassion and love. SAGITTARIUS (NOVEMBER 22-DECEMBER 21) Happy Birthday, Sagittarius! This month will be all about love and relationships, old and new. While the December Mercury Retrograde brings a little chaos, it also brings an opportunity for you to explore your feelings and choose to live life on your own terms. Read The Chaos of Standing Still (Simon Pulse, November 28) by Jessica Brody, where Ryn finds herself stranded overnight at the Denver airport on New Year’s Eve. This twist of fate leads her to Xander, a stranger who helps her overcome personal challenges and embrace adventure. CAPRICORN (DECEMBER 22-JANUARY 19) As the year comes to a close, you’ll find yourself in your head often in December. This will be an analytical and emotional month for you. Use this time to find harmony in the family and career segments of your life and prepare for growth next year. Check out No Time To Spare: Thinking About What Matters (Houghton Mifflin Harcourt, December 5), an essay collection from acclaimed author Ursula K. Le Guin. Now aged 88, Le Guin reflects on aging, belief, the state of literature, and the state of the nation. Check out your November 2017 horoscope and book recommendation here.

Violence And Its Effect On Youth Essay - 2153 Words

Violence and Its Effect on the Youth Clarissa Weis Caledonia- Mumford High School ABSTRACT Children’s minds are extremely malleable when they are growing up, making them more susceptible to believe domestic violence is normal or acceptable. It can have a dangerous effect on the child’s personality making them more aggressive or depressed, and leading to major issues in their future such as substance abuse, suicide, being an abuser, or they look for abusers for company. It is truly detrimental to the child growing up in an abusive home because it is the parents that have the unresolved issues such as shame, and pass them down to their children creating a cycle of abuse. Fortunately there has been research looking into signs of violence within the parents, in order to find the source of the problem, that could later on occur threatening the child’s well being. INTRODUCTION Childhood trauma, such as domestic violence and abuse, can have a severe impact on developing children. Severe enough to where it can affect their future personalities, making the child become someone they might not want to be. Since a child spends most of their time growing and learning during their developmental years- the family teaches the child what is right along with what is wrong to do in society. Many people wonder if the claim that violence in the home affects a child is true- and it is. As the child is learning they will believe that everything the parentShow MoreRelatedEffects Of Youth Violence781 Words   |  4 Pagesaffect the population, youth violence is one of many issues. Youth violence is a behavior in which serious consequences and is now one of the primary public health issues of our period. Youth violence has affected not just the offenders but also their families and the community. Absence of positive role models, violence in families, victims due to violence, poverty and living in a community where crime is committed all contribute to youth violence. Youth Violence Youth violence refers to harmful behaviorsRead MoreThe Effects Of Violence On Youth Violence Essay959 Words   |  4 PagesIntroduction: Violence is everywhere and due to this notion people find ways to accept it. Violence is part of the national mythology. Meaning violence is a social construction. Violent acts cannot be wholly understood unless we examine them as but one â€Å"one link in the chain of a long process of events† (Schmidt Schrà ¶der 2001, 7). Violence and the responses to it are socially constructed, they are phenomena viewed and interpreted in many different ways. For example, individuals become a productRead MoreThe Effects Of Violence On Youth And More898 Words   |  4 PagesThe Effect of Violence In Media on Youth and More For many years there have been links to how violence in media has been glorified as something harmless and normal especially dealing with music, video games, and social media. Often the disbelief of how violence in media cannot affect the brain is under looked but studies have shown otherwise. Indiana University School of medicine has linked visible alterations MRI brain scans for those who have played violent video games for about a week. In thisRead MoreThe Effects Of Media On Youth Violence911 Words   |  4 Pages6 million individuals lose their life to violence each year (32). The mass media delivers messages to communicate with individuals and structure the world. The television, a newspaper, the radio, and the computer are just a few ways the media channels daily activity among everyone. The public opinion on youth violence is interrupted and misunderstood. Youth violence is seen as a problem only when it is aired on the news daily. But when it is innocent youth been killed within one community no oneRead MoreYouth Violence And Its Effect On Children1637 Words   |  7 PagesSince the year 2000, youth violence has been one of the biggest concerns in almost every community. In my research I decided to evaluate the study of youth violence. Youth violence is said to start since the early days of childhood and lead onto the teenage years of a child. When talking about youth violence, the child may not only be an offender but they can be a victim of violence as well. Bullying, punching, slapping, kicking, teasing, and verbal abuse are all behaviors and forms of mistreatmentRead MoreEffects of Media Violence on Children and the Youth2748 Words   |  11 Pagesï » ¿MEDIA AND THE YOUTH What has the humanity come too lately? It repeatedly seems as everywhere one looks, hostility rears its hideous head. We witness it on the streets, school, college, shopping malls and even at home. The very last of these is a key basis of violence. In numerous peoples living rooms there resides a channel for violence that frequently goes unobserved. It is the media, and the individuals who view it are frequently drawn into its realistic planet of violent graphics with sometimesRead MoreHow Cartoon Violence Effect The Youth As An Audience?853 Words   |  4 PagesEric Marinello COMM 2500 12-4-15 Three-Part Research Project Part I: Research Question: How does cartoon violence effect the youth as an audience? Work Cited Coyne, Sarah M., and Emily Whitehead. Indirect Aggression In Animated Disney Films. Journal Of Communication 58.2 (2008): 382-395. Film Television Literature Index. Web. 27 Oct. 2015. Kirsh, Steven J., and Paul V. Olczak. Violent Comic Books And Perceptions Of Ambiguous Provocation Situations. Media Psychology 2.1 (2000): 47-62. FilmRead MoreThe Effects Of School Violence On Today s Youth2247 Words   |  9 PagesAbstract This research investigates definitions of school violence in general and as a subset of youth violence in particular and investigates and the core environmental factors and the individual student risk factors found to contribute to school violence. The research also includes investigation into the effects of school violence on today’s youth in general and the negative outcomes of school violence including poor physical health, poor mental health, poor academic achievement, and a decreasedRead MoreEssay about The Effect of Video Game Violence on Youths1849 Words   |  8 PagesDoes exposure to violence in video games, on TV, and in social media have an effect on those exposed to it? Are those who are underage more susceptible to any detrimental side effects from viewing these things? This has long been a topic of discussion among lawmakers, psychologists, and the scientific field as a whole. It concerns parents and community members, especially in the wake of a seeming ri se in violence at school from bullying, fighting, or in the extreme cases of school shootings. Read MoreVideo Game Violence Has a Negative Effect on Todays Youth Essay482 Words   |  2 PagesVideo Game Violence Has a Negative Effect on Todays Youth One of the main causes that make individuals more violent in real life is playing video games. Most violent video games show violence as a positive thing not a negative one. When aggression occurs in a video game, the player is not punished but awarded. This shows them that violence is okay and that if they try that situation in real life, they will also be rewarded. â€Å"In a study of video games, in 98 percent of them aggression went unpunished†

Effective Teachers Use a Variety of Educational Philosophies

Effective Teachers Use a Variety of Educational Philosophies Being a school teacher is something I have wanted to do since I was a very young child. I believe education should be a part of everyone’s life because it helps students to develop a sense of creativity, a sense of reasoning, and a sense of respect. There are many different philosophies used in the classroom ranging from social reconstructionism to essentialism. My philosophy on education is a combination of my ideas and beliefs. I have an eclectic view of the philosophies and will not apply just one philosophy in my teaching. I believe an effective teacher uses a variety of educational philosophies in the classroom. During the late 1910’s,†¦show more content†¦Along with discipline in progressivism, I also agree with the teaching style. I believe it is important for a teacher to assist learning rather than guide it. Children must learn to think critically, to problem solve, and to make decisions on their own. I believe cooperative learning groups are the best way to accomplish this goal. Working with peers allows students more exposure rather than keeping their ideas to themselves. In addition to progressivism, I agree with the ideas of social recontructionism. I think it is important for students to be motivated and with this philosophy children are encourages to study his or her own culture and to emphasize on social issues. Children of today will be the adults of tomorrow, so I think they should understand community problems. I do not agree with putting them in the middle of society’s problems, but not leaving them in the dark either. Along with discipline, teaching styles, and motivation being important, there is also classroom management. Classroom management may be the most valuable element to teaching today. If you do not have control of your classroom, you will not be an effective teacher. I believe students respect teachers who are organized and have control. The children know what to expect and know what is expected of them; it makes things run smoothly. The classroom will be the place of learning, so it must accommodate theShow MoreRelatedChristian Teachers Should Teach Based on Christian Principles and Beliefs1626 Words   |  7 Pagesthat it is important for all teachers, but especially Christian teachers, to have and to operate within their personal educational philosophy. Knight (2006) states â€Å"Christian educators must come to see their educational systems as unified endeavors built upon a foundation of Christian philosophy† p. 164. Today, in most public schools, Christian principles are being left out, and it is important that we find ways to lead our students to truth. My personal philosophy is based upon Matthew 19:14 whichRead MoreTeaching Strategies Guided By Educational Philosophies949 Words   |  4 PagesPreparing students to confront and overcome challenges they will encounter every day is the purpose of teaching. Teachers touch the lives of students and influence how those students react to obstacles they face during their lives. The educator has a responsibility to teach students beyond mere subject matter. Teachers are also coaches, tutors, trainers, and students themselves. They must equip students with problem solving skills, organization skills, communication skills, team work skills, andRead MorePersonal Philosophy Of Educational Essay Essay1240 Words   |  5 PagesArtifact #2: Personal Philosophy of Educational Nobel Peace Prize winner, Kofi Annan, of Ghana said, â€Å"Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family† (nobelprize.org). My ambition to become an educator stems from a desire to help children grow into productive and successful adults. I am a mother of six children. As I have guided my individual children through the different stages of their childhood, adventures, adversitiesRead MoreThe Role Of Nurse Educator Essay1132 Words   |  5 PagesEducational Philosophy I am not new to the role of nurse or educator, but to the role of nursing educator. My motivation to teach future generations of nurses prompted my transition from a clinical nurse to an academic nurse educator. My interest in teaching comes from my own positive experiences as an undergraduate student and from a love of learning. My educational philosophy is a work in progress as I continue to grow as a nurse, educator, and scholar of nursing education. As a novice nursingRead More Teaching Philosophy Statement Essay958 Words   |  4 PagesTeaching Philosophy Statement â€Å"Teacher’s change lives.† Most people would agree that this statement is true. A teacher has the responsibility of imparting knowledge to students, while having the opportunity to make a huge impact on each student’s life. To be truly successful and effective, a teacher must take the time to thoroughly consider his or her teaching philosophy. The following is a statement of my educational philosophy. I believe every child has a rightRead MoreReflection And Reflection Of Interview868 Words   |  4 Pagesinterview I learned so much about the principal’s role. I asked my principal a series of questions. The questions were based on the Interstate School Leadership Licensure Consortium Standards (ISLLC). My first question was based on educational programs. The educational programs at any school need balance. While we live in a test results world, there needs to be a balance of focus. I look at the type of student I want my school to produce and I surround myself with a faculty and other staffs thatRead MoreImplementation Of No Child Left Behind1564 Words   |  7 Pagesprotocols in a school district. With the implementation of No Child Left Behind, the seed of standard based teaching took root and developed into greater endeavors like the Common Core Learning Standards. As each state has adopted these standards, teachers and students are becoming more aware and accustomed to using the standards every day in the classroom. In moving with this natural progression comes the notion of standards-based reporting and communication with parents. Schools are shifting fromRead More My Educational Goals and Philosophy Statement Essays1035 Words   |  5 PagesMy Eclectic Educational Philosophy Thinking back on the years of high school, I remember having wonderful experiences both inside the classroom and out. I had influential teachers and the drive to succeed in order to obtain a higher education. I realize that not all students have that drive to continue their education, but as an aspiring educator I wish to seek and find that drive in each of my students. The famous philosopher and educator, John Dewey, once said, The aim of educationRead MoreMy Views on Teaching Essay examples933 Words   |  4 Pagesthe students. There will be different philosophies of education in this paper that will be discuss. Every philosophy perspectives that teachers have chosen for the students it is important because it can depends on their teaching strengths and effectiveness. The goal of any philosophy could be that every student would be able to succeed in their lives. The students are not alike, but most of them have similarities. For a teacher she/he needs to find a philosophy t hat works for the majority of the classRead MoreIntelligence and Character1284 Words   |  6 Pagesresponse. I want to be a teacher. Throughout my entire life I have respected and looked up to all of my teachers, as well as admired my parents, who are both educators. However, during my lifetime of playing â€Å"teacher† I have never actually thought about my personal educational philosophy. Yet, I can look back now on my schooling experiences to see what has been important to me and to identify the major concepts and beliefs I posses in order to form my own teaching philosophy. Martin

Google Free Essays

string(206) " that one can say that print is co-existing with digital technology and a time will come when digitization will marginalize print just like the keyboard and computer has marginalized the use of typewriter\." computer law security report 24 (2008) 253–260 available at www. sciencedirect. com www. We will write a custom essay sample on Google or any similar topic only for you Order Now compseconline. com/publications/prodclaw. htm Copyright, Google and the digitization of libraries Armageddon on the digital superhighway: Will Google’s e-library project weather the storm? Akhil Prasad, Aditi Agarwala Gujarat National Law University, India abstract This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘fair use’ as a concept of U. S. copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author’s Guild Publishers has been examined and an attempt has been made to justify the act of Google under the fair use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the copyright laws to be rewritten for the digital age. Recourse has been made to numerous case law to appreciate the concept of fair use and this paper concludes by holding Google’s project of digitizing copyrighted books as ‘fair’ as it ful? ls the primary aim of copyright law which is ‘‘encouragement of learning’’ and ‘‘dissemination of knowledge’’. ? 2008 Akhil Prasad Aditi Agarwala. Published by Elsevier Ltd. All rights reserved. 1. Copyright – A stimulus to creativity Innovation and creativity are the tools to climb the progressive ladder of humanity. It is not only to b e encouraged by allowing the intellectual mind to reap the fruits of his labor through trade and commerce but also prevent his loss/detriment by prohibiting unauthorized and unscrupulous persons or entities to unjustly enrich their pockets. This can be done through sales on the sly or, enhancing their reputation or marketability of the work under their hand, by lifting the copyrighted material and incorporating/merging it in their own without the permission of the author, often minus any acknowledgement and with the intent to improve or increase the marketability. Copyright encourages the creative efforts of authors, artists, and others by securing the exclusive right to reproduce works and derive income from them. The copyright law embarked as a codi? ed body of law when the Statute of Anne received the assent of the British Parliament in 1710. The very nature and purpose of the statute was twofold: the ? rst to promote learning or dissemination of knowledge1 and the second, to prevent any other person, save the author, to print or reprint the literary work for a limited duration. The most important part in terms of relevancy to the subject matter of this article is perhaps the ? th clause of Anne’s statute which mandated that ‘nine’ copies of each book, shall be kept in nine libraries (one copy each), of the stated Universities therein for the purposes of accessibility and dissemination of knowledge to the public at large thus promoting literacy and thereby social good, and a stringent monetary penalty was attached, in case of noncompliance of the aforementioned clause. The statute also envisaged a formal system of price control and redress mechanism as well. Thus, it is observed that at the time when the foundation of the modern copyright law was being laid down, the legislative intent was to further or promote dissemination of knowledge but at the same time the private right of the author was being respected and protected. In essence, it 1 The Preamble to the Statute of Anne, 1710 is worded as ‘‘An Act for the Encouragement of Learning’’. 0267-3649/$ – see front matter ? 2008 Akhil Prasad Aditi Agarwala. Published by Elsevier Ltd. All rights reserved. doi:10. 1016/j. clsr. 2008. 01. 002 254 computer law security report 24 (2008) 253–260 as a ? ne balancing act in which the author’s right was secured and at the same time, his right was not impeding the ‘encouragement of learning. ’ The centuries old common law statute continues to impact and in? uence the copyright law countries such as the U. S. wherein the framers of the U. S. Constitution relied on this statute when draftin g the Copyright Clause of their Constitution which reads as The Congress shall have Power. to promote the Progress of Science. by securing for limited Times to Authors. the exclusive Right to their respective Writings. Moreover, the Congress directly transferred the principles from the Statute of Anne into the copyright law of the United States through a recommendation to the States to enact similar copyright laws, and then in 1790, with the passage of the ? rst American federal copyright statute. The U. S. Supreme Court has observed that the primary objective of copyright is not to reward the labor of authors, but ‘‘to promote the Progress of Science and useful Arts. ’’3 Books in the electronic format do away with universal problems faced by the print book such as their physical nature which exposes themselves to deterioration as they age. The digital book on the other hand can be produced and reproduced at minimal cost, blinding speed and unfailing accuracy and can be transported from one part of the world to another in a matter of a few seconds through cyber space that we call the Internet. It can be stored and retrieved easily and uses no physical space at all except the hard disk on which the data are stored. This will do away with the construction costs and time and physical space involved in the construction of huge libraries. The revolution brought about by the digital technology is already being harnessed by nations such as the United States of America inasmuch as conversion of books in e-format is concerned. 2. 1. E-libraries 2. From the past to the present – The era of digitization That was the age of print technology. Mankind has now entered into an advanced form of technology; we call it the ‘Digital Age’. Print exists, but is slowly giving way to electronic form of data which overcomes the limitations of the print technology under a number of ‘heads’ and ‘counts’ such as storage, transfer, reproduction, archiving, etc. uch that one can say that print is co-existing with digital technology and a time will come when digitization will marginalize print just like the keyboard and computer has marginalized the use of typewriter. You read "Google" in category "Papers" From the concept of a library where one envisaged books in large numbers, we are making a tra nsition into an era of e-books. These are books which will have zero cost on the trees and survive till eternity if kept safely. The threshold of ‘safety’ considerations in an online environment is very high as compared and contrasted with books made of paper. Such a technological format shall have to be protected from the electronic bug that is commonly referred as a ‘virus’ in the etymology of computer science through latest state of the art software programs referred as ‘anti-virus software’. We are slowly doing away with print books and introducing the contents of this physical book in a much ‘eco-friendly’ and technologically savvy format which the digital era has brought about. Art. 1, S. 8 (cl. 8) of U. S. Constitution. The United States of America happens to be one of the ? rst jurisdictions where copyright protection has found constitutional patronage. See, e. g. , Feist Publications v. Rural Telephone Service Co. 499 U. S. 340, 349 (1991), where the United States Supreme Court speaking through Justice O’ Connor observed that ‘‘the primary objective of copyright is not to reward the labor of authors, but to promote the progress of science and useful arts’’, th e latter constituting a constitutional mandate under A. 1, S. 8, cl. 8 of the Constitution of the United states of America. 2 The concept of electronic libraries is not a concept brought very much to the fore in this new millennium. Two such projects owe their origin to the 90s. The Internet Archive is an initiative, a nonpro? t founded to build a digital library offering permanent access for researchers, historians, and scholars to historical collections that exist in digital format. Founded in 1996, the Internet Archive receives data donations and has grown to include texts, audio, moving images, software and archived web pages in its collections. 4 Moreover, Project Gutenberg, the ? rst and the largest producer of free electronic books (e-books), has placed thousands of e-books on the web since 1989, and plans to reach the one million e-book record by 2015. Most of the e-books which are made available by this corporation are in the public domain. However, what about the books enjoying copyright protection? Can they be digitized without the permission of the owner of the copyright? Amongst the bundle of rights which the copyright owner enjoys under the aegis of the statute, one of the most important from the economic perspective is the author’s righ t to reproduce or authorize reproduction of copies of the work. However, the jurisprudential development of the law of copyright has given rise to a concept of ‘fair use’ which is understood to be an af? mative defense to copyright. 6 It recognizes certain uses of the copyrighted work by another without the permission of the copyright holder as legitimate, subject to meeting certain criterion including the most important, that the use must not unreasonably prejudice the economic rights of the copyright holder. The defense of fair use offsets the liability on the part of the user faced with the allegation of infringement in the absence of which the user can be held culpable for infringement. Thus, whether a use is ‘fair’ or not is a question of fact and there is no straight jacket formula to demarcate or distinguish ‘fair use’ from ‘unfair use’, the latter attracting the ‘infringement clause. ’ 4 Retrieved Sep. 12, 2007, from http://www. archive. org/about/ about. php. 5 Retrieved Sep. 12, 2007, from http://www. etudes-francaises. net/dossiers/gutenberg_eng. htm. 6 Campbell v. Acuff-Rose Music, Inc. , 510 U. S. 569, 590 (1994). computer law security report 24 (2008) 253–260 255 3. What is this fair use? The term ‘fair use’ or rather the doctrine as it has evolved in the jurisprudence of copyright law ? ds its roots in the understanding that copyright is not an absolute right. It is permitted, under the sanction of law pertaining to copyright, that certain persons, other than the one who is the holder of ‘copyright’ of the work in question, may enjoy the ‘liberty’ to copy to a limited extent without requiring permission from the owner of the copyright, be it the author or any other person in whom such a right is vested. Fair use is not a ‘license’ but in the nature of a privilege by virtue of which, the person pleading defense against a suit for infringement can escape the clutches of copyright law. As Crews (1993) points out, fair use doctrine helps to prevent the copyright owners’ exclusive rights from interfering with the Framers’ stated purpose of the promotion of learning (as cited in Cohen, 2001, p. 170). The larger goal of copyright as a discipline of law is the advancement of human knowledge. The doctrine of fair use has developed over the years as Courts tried to balance the rights of copyright owners with society’s interest in allowing copying in certain, limited circumstances. This doctrine has at its core, a fundamental belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. 7 The term ‘fair use’ is peculiar to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions such as U. K. and India. 8 Until codi? cation of the fair use doctrine in the 1976 Act, fair use was a judge made right9 developed to preserve the constitutionality of copyright legislation by protecting ? rst amendment values. 0 Thus, the doctrine of fair use is an evolving principle of the U. S. Judiciary over the years. This doctrine has now been codi? ed in S. 107 of the copyright law and has been described as ‘‘the most troublesome in the whole law of copyright’’. 11 It is a judge made law codi? ed in S. 10712 of the U. S. Code. These four fair use standards seek to adjudge whether a use of a copyrighted work is fa ir or not and largely balance the tension that exists between the economics of copyright law in relation to social objectives. They have been adopted in S. 07 as follows: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonpro? t educational purposes. (2) The nature of the copyrighted work. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. (4) The effect of the use upon the potential market for or value of the copyrighted work. 4. The Google controversy A degree of uncertainty has always surrounded the concept of ‘‘fair use’’ or ‘‘fair dealing,’’ which allows for non-commercial uses of copyright works in the service of education or information (Sundara Rajan, 2007, p. ). The Google Print,13 now renamed as Google Book Search14 (Google Print, 2005) has sparked a raging controversy as to whether the digitization of libraries can be covered under the fair use clause of copyright and whether it meets the four factor test under S. 107 of the United States Copyright Act, 1976. Google is scanning books (under copyright as well as in public domain) of four University Libraries and one Public Library without the permission of the copyright holder, i. e. authors/publishers. As a result, they are battling a lawsuit15 ? ed by America’s largest Author’s Guild16 and few Publishers back in September and October 2005 which is pending before the New York Court. Opponents are alleging that this act of Google is a blatant violation of copyright law. 7 Retrieved Sep. 12, 2005, from http://www. bitlaw. com/copyright/ fair_use. html. 8 ‘‘Fair use’’ is generally the term used in U. S. law and in other countries with similar doctrines, while ‘‘Fair Dealing’’ applies more to the UK/Australia and other countries with a Common Law heritage. 9 The four factors of ana lysis for fair use set forth above derive from the classic opinion of Joseph Story in Folsom v. Marsh, 9 F. Cas. 342 (1841). 10 The ? rst amendment to the United States Constitution envisages the Freedom of Speech. 11 Dellar v. Samuel Goldwyn, Inc. , 104 F. 2d 661, 662. 12 U. S. Code, title 17, Chapter 1, S. 107. 13 The project involved digitization of the libraries of Harvard, Stanford, Oxford, Michigan University, and the New York libraries which decided to donate materials for scanning. Moreover, a large number of books which happen to be in the public domain have been e-catalogued so that the user can directly download the book and read it. As to the books which enjoy copyright protection, pursuant to an agreement between the company and the copyright holder, online copies of the book can be kept for purchase on the web from the publisher directly and the user may search for the book he requires (as a few sentences of the relevant ‘literary piece’ shall be provided through the search. ) In essence, Google is promoting the dissemination of various works of authorship by facilitating e-purchases and bringing the existence of such literature to the knowledge of the interested consumer. 4 Google rebranded Google Print, which includes the Library Project, as the Google Book Search, in order to better describe the project’s purpose. See Google Print Renamed Google Book Search, Marketing VOX, Nov. 18, 2005. Retrieved Sep. 12, 2007 from http://www. marketingvox. com/archives/2005/11/18/google_ print_renamed_google_book_search/. 15 On Sep. 20, 2005, the Authors Guild (comprising of some 8000 authors) and seve ral individual authors sued Google for copyright infringement. A month later, on October 19, 2005, ? ve publishers – McGraw-Hill, Pearson, Penguin, Simon Schuster, and John Wiley Sons – sued Google. The authors request damages and injunctive relief. The publishers, in contrast, only requested injunctive relief. 16 See Author’s Guild v. Google Inc. (No. 05 CV 8136) USDC SDNY 20 Sep. 2005. The complaint which was ? rst ? led against Google on Sep. 20, 2005 was amended on 26 July 2006 where, unlike the original complaint, it was stated that ‘‘Oxford and New York Public Libraries have indicated that Google will be limited to copying only works that are in public domain. ’’ 256 computer law security report 24 (2008) 253–260 There is no issue with scanning the books in the public domain17 and making it available online. Search engines such as Yahoo and corporations such as Microsoft are coming with such initiatives. 18 Project Gutenberg has been a pioneer in this ? eld. However, as Band (2006a,b) points out, ‘‘The salient difference between these projects and Google’s Library Project is that these projects will involve only works in the public domain or works where the owner has opted-in19 to the digitization, while Google intends to scan in-copyright books without the owner’s authorization, as well as works in the public domain. ’ What Google aims to do is to provide a search index of the books which will be digitized such that the user, searching through the database can ? nd the bibliographic information as well as a few text ‘snippets’ around the search term which he has entered. It equates such an act with that of a person browsing pages in a library or a book store20 (Google Check, 2004). Further it intends to provide the option of purchasing of the book which a prospective buyer may be viewing. 21 The search results will depend on the copyright status of the book. For works in the public domain, the user will have access to the entire text. For works under copyright 17 Works in public domain are considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. 18 Both Yahoo and Microsoft have recently announced digitization projects. Microsoft announced that it would be digitizing 100,000 volumes from the British Library. Yahoo agreed to host the Open Content Alliance, under which entities such as the University of California and the Internet Archive will post digitized works. Band J. The Google library project: the copyright debate. Retrieved Sep. 12, 2007 from http://www. llrx. com/features/google libraryproject. htm; 2006a. 19 The difference between an ‘opt in’ policy and ‘opt out’ policy is that whereas in the former, the burden is on the company to seek permission from the copyright owner as to whether to make available, the digitized copy of the work, the latter on the other hand, presupposes that the company will scan the work unless the author refuses permission. This means that the burden is on the owner of copyright to expressly ‘opt out’ failing which the work will be scanned for the purposes of searching. Whereas considerations of the larger social good would favor an ‘opt out’ policy, one may counter argue that since the owner of the copyright has the exclusive right to authorize reproduction, an ‘opt in’ policy is a right emanating from the intersection of copyright law and the law of contract. However, if permission is sought from each and every author of each of the works in a library which is about to be digitized, it would lead to a considerable ebb of time and money and cause signi? cant delay. Moreover an ‘opt in’ policy, apart from being not feasible, is not justi? able especially n view of the manifold advantages, both commercial and non-commercial, accruing to the owner of the copyright on getting the work digitized free of cost and labor. There is no unreasonable prejudice being caused to the legitimate interests of the right holder and moreover society bene? ts as one of the aims of the project is to enhance the ‘marketabilityà ¢â‚¬â„¢ of the work. The fact that Google commercially bene? ts itself from the deal does not undermine the social value of the end it serves. Google has resorted to the ‘opt out’ policy. 20 Press Center, Google Checks Out Library Books, Dec. 14, 2004. Retrieved Sep. 12, 2007 available at http://www. google. com/ press/pressrel/print_library. html. 21 ibid. protection, the user will see the bibliographic information as well as a few text ‘‘snippets’’ around the search term, unless the publisher has given Google permission to display more text22 (Hanratty, 2005, p. 2). Band (2006a,b) states that Google will not display snippets for certain reference books, such as dictionaries, for there is likelihood that the market for the work could be harmed and further highlights that in such exceptional cases, only the bibliographic information will be displayed. 3 Now what is the ‘business’ interest of Google in this context. It is true that Google is busy scanning all books of the ? ve libraries and digitizing the same, except those subject to the ‘opt out’ policy. 24 It is doing so without the permission of the copyright holders or their licensees, though such parties can choose to restrai n Google by electing for the ‘opt out’ policy. It is doing so in pursuance of an agreement with the ? ve eminent libraries willing to donate books for the same purpose in return of a copy in the digitized format. Google responds that this copying is permitted under the fair use doctrine (Band, 2006a,b). As predicted, Google has been sued for this venture and matter is already pending before the New York Court. The objection is not that Google is creating a full text search index; it is that Google is creating the index without permission of the right holders (Band, 2006a,b). The econometrics of this endeavor has not been disclosed by the company, but one can say without doubt that the costs will run into millions of U. S. ollars. 25 The issue is whether Google is creating a virtual library by this means and, if so, whether Google is permitted to do so under the library exemption or fair use doctrine contained in the copyright legislation of the United States? 4. 1. The library exemption The answer to the ? rst question would be both ‘yes’ and ‘no’ depending upon the copyright status of the work. The works are broadly classi? ed as ‘works in public domainâ€℠¢ and ‘works not in public domain’ and thus enjoying the copyright protection. For the works which are in the public domain and which no longer enjoy copyright protection, Google is both morally and legally justi? ed in doing so. For the works in the public domain no longer enjoy the legal monopoly as such time has elapsed within which the creator of the work had to be rewarded and such time has commenced where the larger goal which copyright seeks to serve, i. e. ‘‘to promote the progress of science and arts. ’’26 Indeed Google is creating a virtual library of works that happen to be in the public domain. However, the more important question is with respect to the works which are not in the public domain and enjoy copyright protection. It is submitted that Google is not creating a virtual library for such works, but An example of what the results will look like is available at: http://print. google. com/googleprint/screenshots. html). 23 See Band J. The Google library project: the copyright debate. Retrieved Sep. 12, 2007 from http://www. llrx. com/features/ googlelibraryproject. htm; 2006a. 24 Refer supra Note 19. 25 See, for e. g. , Band J. The Google library project: the copyright debate, Sabrina I. Paci? ci. Retrieved Sep. 12, 2007 from http:// www. llrx. com/features/googlelibraryproject. htm; 2006a. 26 See supra Note 2. 22 computer law security report 24 (2008) 253–260 257 only a virtual market, for the user, who wishes to browse Google’s database using Google’s search engine. Inasmuch as the answer to the second question is concerned, in relation to the second category of works, i. e. copyrighted works – for the act to qualify as fair use, it has to satisfy the four fair use prongs encapsulated in S. 07 of the copyright statute or meet the library exemption clause contained in S. 108 which introduces certain limitations on the exclusive right of the copyright holder for reproduction by libraries and archives. The library exemption permits reproduction solely for purposes of preservation and security or for deposit for research use in another library or archives, the latter being conditi onal in that it expressly clari? es that it should not be with any purpose of direct or indirect commercial advantage. 7 Moreover, this exemption is limited to only unpublished works for archival purposes, out-of-print works, or replacements for damaged and lost works and not more than three copies can be produced. 28 Libraries, however, are not allowed to systematically make digital copies of their entire collections – whether for research, indexing or educational purposes – without compensation to copyright holders. (Adler, 2006, p. 4) However, the library exemption only applies to libraries, what we commonly understand as a ‘brick and mortar’ library. Though Google’s purpose of converting the book into a digital format may be for storage purposes as well, apart from other purposes, since the digitized copy will be handed over to the libraries which donate such books, it is clear that this exemption does not extend to the digital library or the electronic library or the virtual library. Such concepts are of a much recent origin and the library exemption was never meant to be applicable or capable of extension so as to include digital libraries. nfringement, the defense of fair use is not called for and does not serve any ‘legal’ purpose. In the case of Google, an inference of such a nature may be presumptively drawn since Google is scanning entire books for the purposes of digitization without the express consent of the copyright holders. The right of reproduction is the right of the copyright holder and if no authorization is procured from the right holder, such an act may constitute a prima facie case of copyr ight infringement. Moreover, in no case does fair use permit full copying of the book. Assuming this to be the case, Google must take such a defense into Court for it has little option otherwise, the moot question is raised as to how will it be able to justify its stand? It has been observed that ‘‘from the infancy of copyright protection, [the fair use doctrine] has been thought to ful? ll copyright’s very purpose, ‘[t]o promote the progress of science and useful arts’’’29 and ‘‘the ultimate test of fair use. is whether the copyright law’s goal of ‘promo[ting] the Progress of Science and useful Arts,’. would be better served by allowing the use rather than preventing it. ’30 In the same milieu, one must appreciate that fair use calls for a case by case analysis of the four factor test which throws light on the boundaries of legitimacy of use and thus is indicative and not determinative of the legal position. In essence, it is a highly fact and circumstance speci? c doctrine. By close examination of the letter of the law under S. 107,31 in the analysis involving the ? nding of fair use, it must be ascertained whether there is ‘fair use’ and thereafter ? lter it further to see whether it is for an appropriate purpose or not. The various purposes have been described above, i. e. criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research. However, these are merely exemplary, not exhaustive. 32 4. 2. Fair use test The second is the fair use test which Google asserts but how is this ‘Googleism’ covered by the doctrine? Google maintains that it is protected by limitations set forth in the copyright statute, chief amongst them being the fair use clause and the ? rst amendment values. Google has to satisfy each criteria of the fair use ‘four factor’ test. How Google’s act is justi? ed under this doctrine is a question of fact and an attempt to answer this question will now be undertaken, considering that it is the primary mandate of the U. S. Copyright regime to ‘promote the progress of science and useful arts’ no less than to reward its authors. As noted earlier, the Supreme Court of the United States has recognised the broader context of the copyright system, which is not to reward the author but to ‘encourage’ and ‘promote’ learning. Against that backdrop, Google’s act is weighed against the four factor test. But before that is considered, it has to be acknowledged that the burden of proving that the use was presumptively unfair must shift to the defendant if the plaintiff succeeds in proving that the act complained of constitutes prima facie liability (see WikiReader: Free Software and Free Contents, 2004, p. 41). If there is no 27 28 5. Scrutinizing Google under the four factor test 5. 1. The ? rst test The ? rst test examines the purpose and character of use to ascertain whether such use is of a commercial nature or for nonpro? t educational purposes? It has been observed by the U. S. Supreme Court that the purpose of the use should be non-commercial for a ‘‘commercial or pro? t making purpose. would be presumptively unfair’’ while a noncommercial use would raise a presumption of fairness. 33 Subsequently, it has been noted that ‘‘the crux of the pro? t/ nonpro? t distinction is not whether the sole motive of the use is monetary gain but whether the user stands to pro? t Campbell v. Acuff-Rose Music, Inc. , 510 U. S. 569, 575 (1994). Arica Inst. , Inc. v. Palmer, 970 F. 2d 1067, 1077 (1992). 1 Notwithstanding the provisions of S. 106 and 106A, the fair use of a copyrighted work, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 32 For more see Harper Row Publishers, Inc. v. Nation Enterprises, 471 U. S. 539, 561 (1985). 33 Sony Corp. of America v. Universal City Studio s, Inc. 464 U. S. 417, 449 (1984). 30 29 17 U. S. C. S. 108(a) (1). 17 U. S. C. S. 108(b), H. R. Rep. No. 94-1476, at 75–76. 258 omputer law security report 24 (2008) 253–260 from the exploitation of the copyrighted material without paying the customary price. ’’34 ‘User’, in the present context does not refer to the user who shall view the snippets of the work upon a search on Google’s search engine but Google itself which is making the ‘unauthorized’ digital copies. Google is not pro? ting from the exploitation of the copyright material per se for exploitation is not taking place in the ‘commercial sense’. The plan is to provide only snippets and not to sell the book to reap commercial bene? t. Moreover, Google is providing the digital copy to the libraries themselves. Google also has this ‘opt out’ policy whereby the copyright holder can elect not to get his book digitized. Thus, the nature of the act, from an overall perspective, is not for ‘nonpro? t educational purposes’. Being of commercial nature, the gains are not coming from the book, but from the advertising space which Google will sell on its web page. Moreover, commercial use is no longer deemed by Courts to be presumptively unfair35 for many unauthorized uses such as newspaper reporting, parody, etc. nvolve an element of commerce. Assessment of what is commercial must include an examination of the degree of exploitation which in the case of Google is limited to the display of not more than a few snippets which by no means gives the heart of the work and thus is ‘de minimis’ use. The Ninth Circuit considered fair use issues relating to search engine operation in Kelly v. Arr iba Soft Corp. , where Kelly, a photographer, sued a visual search engine for displaying thumbnail images of photographs originally posted on his website. 6 The Ninth Circuit found in favor of the search engine, holding that the search engine’s creation of thumbnails of the photographer’s copyrighted images, although used for commercial purposes, was a transformative, nonexploitative use and therefore fair. 37 As thumbnail is to photography, likewise a snippet is to a book for the purposes of fair use. Google like Kelly is in that context ‘nonexploitative. ’ Moreover, the ? rst test must be read with the other three tests in order to appreciate the larger picture. The primary goal of Google being a ‘for-pro? ’ organization is to generate revenue from the advertising space it sells on the web page. However, how is the society or the owner of the copyright affected so long as such a service is being provided? The masses bene? t as they can make online searches of books relevant to their subject matter and can purchase the same as well. The sales revenue in such cases would go to the publisher and the royalty to the copyright holder. Therefore, it is a ‘win– win’ situation for both the parties at the transacting end. If a third party, which is facilitating this service bene? ts in the process, what is the harm? ikely to ? nd fair use more in factual works than creative works as the threshold of creativity is lower in the former. It has to be appreciated that Google will be scanning books indiscriminately whether it is creative ? ction or factual works. Where there is a likelihood of market harm in displaying the snippets, Google will only display the bibliographic information as it is doing in the case of dictionaries. Once again, it is to be appreciated that Google is not appropriating the digital text of the work for its own bene? t such that it violates the copyright of the right holder. It is providing a service to the society (though pro? ting in the process), but making the works more ‘discoverable’ than ever before and is not appropriating the contents of the work for its personal use. Therefore, whether the work is factual or ? ctional does not make a difference so long as the material is not being appropriated to the economic detriment of the copyright holder or sti? ing creativity in any way. On the contrary, Google is promoting the market of works thus encouraging creativity. Another problem is with respect to orphan works. 39 The Copyright Of? e is preparing recommendations to Congress on how to address the orphan works’ problem – how to enable uses of works whose owners cannot be identi? ed or located (Band, 2006a,b). Orphan works are copyrighted works whose owners are dif? cult or impossible to identify and/or locate. Orphan works are perceived to be inaccessible because of the risk of infringement liability that a user might inc ur if and when a copyright owner subsequently appears. Consequently, many works that are, in fact, abandoned by owners are withheld from public view and circulation because of uncertainty about the owner and the risk of liability. 0 New legislation is being proposed in this regard. The bill would add a new S. 514 to the Copyright Act entitled ‘‘Limitation on remedies in cases involving orphan works. ’’ It would essentially implement the Copyright Of? ce’s proposal to limit liability for an infringing use of an orphan work. As a prerequisite to qualifying for the limitation, the infringer must sustain the burden of proving that he or she performed and documented a reasonably diligent search in good faith but was unable to locate the owner. 1 If the legislation comes into being, Google will be free to digitize orphan works under the fair use doctrine if the owner cannot be located. 5. 3. The third test The third factor is both a qualitative and a quant itative test which is concerned with the amount and substantiality of the portion used in relation to the copyright work as a whole. Though Google is scanning entire books what will be visible to Out-of-print works that remain in copyright, but for which rights holders cannot be located, are colloquially labeled ‘‘orphaned. ’ Several legislative solutions have been proposed to allow access to these so-called orphan works even when the true rights holders cannot be determined with absolute certainty. See United States Copyright Of? ce, Report on Orphan Works (January 2006) and the proposed ‘‘Orphan Works Act of 2006’’ (H. R. 5439). Retrieved Sep. 12, 2007 from www. copyright. gov/orphan/. 40 United States Copyright Of? ce, Report on Orphan Works (January 2006) and the proposed ‘‘Orphan Works Act of 2006’’ (H. R. 5439). 41 ibid. 39 5. 2. The second test The second factor in a fair use analysis is the nature of the copyrighted work that is potentially infringed. 8 Courts are Harper Row Publishers, Inc. v. Nation Enterprises 471 U. S. 539, 562 (1985). 35 See Campbell v. Acuff-Rose Music, Inc. , 972 F. 2d 1429 (1994). 36 Kelly v. Arriba Soft Corporation, 336 F. 3d 811, 816 (2003). 37 ibid. 38 17 U. S. C. S. 107(2) (2000). 34 computer law security report 24 (2008) 253–260 259 the netizen while searching would not be more than a few snippets. Thus for the purposes of copyright it is ‘de minimis’, thus ‘fair. ’ However, notwithstanding whatever is visible to the netizen, Google will be scanning ntire books, thus committing an act of ‘intermediate copying’. In the context of Internet search engines, there are two cases in which reproduction and archiving of the entirety of copyrighted content found on web sites have been deemed a fair use: Kelly v. Arriba Soft42 and Field v. Google. 43 The owners respond that the intermediate copying cases are distingu ishable because they address a problem speci? c to software: translation of programs is the only means of accessing ideas unprotected by copyright that are contained within the program. This problem, of course, does not exist with books. Furthermore, in the intermediate copying cases, the software developer discarded the translation once it developed its new noninfringing program. Google, conversely, will retain the scanned copy in its search index. Band (2006a,b) opines that ‘‘While acknowledging these factual differences, Google’s supporters stress the underlying principle of intermediate copying cases: that copying may be excused if it is necessary for a socially useful noninfringing use. ’’ (p. 7). This is one hurdle that Google is likely to overcome considering the social good the project claims to serve. It is true that some issues need to be resolved since fair use does not permit full copying of books in the ? rst place, leave aside reproduction in the digital format. However, this does not mean that the legislature must turn a deaf ear while the Courts remain mute spectators being bound by the clutches of law. After all ‘fair use’ is a judge made doctrine and the contours of the same are being judicially expanded with the passage of time and introduction of new forms of technology. Keeping in mind that the doctrine has not been tailored to precision, it should be suitably expanded ‘to promote the progress of Science and useful arts’. This, more than anything else, should be its chief consideration. It is asserted that with as few alterations as may be necessary, Google should be allowed to serve the larger interests of the global society by realizing this project. 6. Advocating ‘Googlelization’ of libraries 5. 4. The fourth test The fourth test deals with the effect of the use upon the potential market for or value of the copyrighted work. The fourth fair use factor and perhaps the most important44 is the effect of this project upon the potential market for the copyright works. It encompasses within its fold not only the existing and potential market of the work but also its derivatives. 45 In the famous Sony Betamax case,46 the Court was of the opinion that it was not necessary to show actual present harm nor exhibit with certainty that future harm might result from the particular use but, on the preponderance of the evidence, that some meaningful likelihood of future harm exists. It further observed that ‘if the intended use is for commercial gain, that likelihood may be presumed. But if it is for a noncommercial purpose, the likelihood must be demonstrated. Though there is commercial gain which might accrue to this for-pro? t organization, it will not be from the use of copyrighted works but from selling of the advertising space. Therefore, Google’s endeavor cannot be said to fail the fourth test. Furthermore, any party (author or publisher) claiming that the project is or will cause harm to the market of the work or has the slightest risk o f causing harm, can resort to the ‘opt out’ policy and thus exclude his work from the digitization project. 336 F. 3d 816, 822 (2003). 412 F. Supp. d 1106 (D. Nev. 2006). 44 ‘‘This last factor is undoubtedly the single most important element of fair use. ’’ Harper Row Publishers, Inc. v. Nation Enterprises, 471 U. S. 539, 566 (1985). 45 ibid at 568. 46 Sony Corp. of America v. Universal City Studios, Inc. 464 U. S. 417 (1984). 43 42 It cannot be denied that there are a signi? cant number of authors who are appreciative of this project. Moreover, it must be remembered that the Author’s guild which has sued Google only represents a fraction of the authors. The user will greatly bene? from the search database as he would be able to see the buried knowledge in every book possible, as is relevant to the scope of his search which otherwise is humanly impossible. What is to be appreciated is that Google is promoting the legitimate interests of the right holders and not unreasonably prejudicing their interests. It is providing latitude to the right holders to withdraw their works, i. e. ‘opt out’ where they are of the view that scanning and subsequent digitization without their permission and minus paying them any consideration, causes unreasonable prejudice to their legitimate interests. It is asserted that the project will bene? t not only the citizens of the United States but also the global citizen since ultimately it is all about accessibility and through the Internet one can access or transact with another individual from any part of the world. Such programs will bene? t developing societies in promoting wider and easier accessibility either free of charge or low cost depending on the copyright status of the work, thus facilitating and ful? lling the ? nal mandate of copyright and at the same time enabling the ? ow of information from the developed countries to the developing world. It cannot be denied that if books cannot be searched online, many users may never locate them and thus may indirectly affect the market for the work. Moreover, it is an author’s basic desire that his work receives the largest possible coverage since that adds to his reputation. The evidence suggests that copyright owners by and large agree that the Library Project has signi? cant social utility. Indeed, authors participating in the Authors’ Guild lawsuit acknowledge that the Library Project will provide them with a helpful research tool. Their objection is not that Google is creating a full text search index; it is that Google is creating the index without their permission (See Band, 2006a,b). Perhaps they are gunning for a piece of cake which Google can easily afford to give in view of its immense ? nancial success. The greed may be premised on the fact that where a company can invest in millions to digitize, it can surely donate in thousands to avoid a litigation which may lead to 260 computer law security report 24 (2008) 253–260 an unfavorable verdict, since it is the unfaithful road of fair use that Google is treading. Whereas other large corporations wait and watch before investing in the sacred domain of copyrighted works, Google con? dently marches on the road to implore justice. Akhil Prasad (akhil_99@hotmail. com) Aditi Agarwala (aditi_ 2k2002@yahoo. com) Research student, Gujarat National Law University, Gandhinagar, India. references 7. On a concluding note Adler A. The Google library project. Retrieved Sep. 12, 2007 from, http://www. publishers. org/copyright/ARA_paper. doc; 2006. Band J. The Google library project: the copyright debate. Retrieved Sep. 12, 2007 from, http://www. lrx. com/features/ googlelibraryproject. htm; 2006a. Band J. The Google print library project: both sides of the story. vol. 1 (No. 2). Retrieved Sep. 12, 2007 from, http://www. plagiary. org/Google-Library-Project. pdf; 2006b. Cohen Jason. Endangered research: the proliferation of E-books and their potential threat to the fair use clause. J Intell Prop 2001;9:163–70. Retrieved Sep. 12, 2007 from Westlaw dat abase. Crews KD. Copyright, fair use, and the challenge for universities: Promoting the progress of higher education. University of Chicago Press; 1993. p. 24–25. Fair Dealing WikiReader: free software and free contents. Retrieved Sep. 12, 2007 from, http://upload. wikimedia. org/ wikipedia/en/a/a9/WikiReader_Free_Software_and_Free_ Contents. pdf. Google Print Renamed Google Book Search. Retrieved Sep. 12, 2007 from, http://www. marketingvox. com/archives/2005/11/ 18/google_print_renamed_google_book_search/; Nov. 18, 2005. Hanratty E. Google library: beyond fair use? Duke Law Technology Review 2005;10. Retrieved Sep. 12, 2007 from Westlaw database. Press Center, Google checks out library books. Retrieved Sep. 12, 2007 from, http://www. google. om/press/pressrel/print_ library. html; Dec. 14, 2004. Sundara Rajan MT. Digital learning in India: problems and prospects. Digital Learning Legal Background Paper. Retrieved Sep. 12, 2007 from, http://cyber. law. harvard. edu/home/dl_ india. The ? nal outcome of the Google project is linked perhaps to the application of one of the most fundamental roles of copyright law which is to secure a legal monop oly to the authors for a limited time and more so of a limited nature. This role derives its roots from the premise that ultimately it is the dissemination of such works to the ‘public’, i. e. he end user which is the key objective. This should serve as a catalyst in enhancing the motivation of authors to produce works for it is such a ‘user’ which creates the demand for the product and is the source of revenue for the right holder. In the absence of this, such works cease to reap the commercial fruits of the author’s intellectual efforts. It may be that companies such as Google are facilitating a larger socially oriented purpose based on the premise of the ‘largest good of the largest number’ through the provision of access to knowledge and to resources of an ‘intellectual’ nature. Provided such projects remain largely in conformity with the law, there is no reason why such substantial investment should not be rewarded considering that the parties at either end of the spectrum, i. e. the right holders and user community will be greatly advantaged by these activities of Google. In economic terms, it is only for this reason that copyright is justi? ed as it gives authors the incentive to create and enhance the public’s access to works. Indeed, in this Googlelization of Libraries, it is a war of ‘fair use’ versus ‘Fare Use’! How Fair or Fare is it?. only time can provide us with the real verdict. How to cite Google, Papers Google Free Essays Two Things They Carried Research Paper Without a doubt the United States was brutal during their 14 years in the Vietnam War. There were times when our soldiers were commanded to shoot Vietnam civilians. Our second source tells us that they killed mostly women and children. We will write a custom essay sample on Google or any similar topic only for you Order Now Perhaps there were times when American soldiers could not tell a Viet Cong sniper apart from a civilian, but either way, there were around 5,000 civilians killed by the United States. There are a lot of veterans who have served in American wars who suffer from PTSD after they get home from battle. Post-traumatic stress disorder could be brought on by high intensity while a soldier is in battle, seeing a fellow soldier die, shooting enemies, and it is evident that shooting civilians can cause it as well. Veterans can get aggressive if their settings at home give them a flashback of a bad memory of war. A lot of soldiers such as veteran Bob Kerrey regret killing civilians and they have had to live with it for the past forty years. There are questions to whether or not the Americans are war criminals for killing these Vietnam civilians. After the first paragraph of â€Å"The Things They Carried† is read, the reader has a very good idea of what the main character, Jimmy Cross, was doing. He was just a young kid in love. His problem was that he was thousands of miles away in Vietnam with nothing to do but march. He would yell at his men to spread out or march to the left, but Jimmy was just going through the motions. His heart was not in the war and he knew it. As much as the military wishes our soldiers were robots, they are humans with feelings. Jimmy Cross made an immature but innocent decision to put his daydreams of a girl back home before thinking about his men. Jimmy Cross carries the burden of one of his soldiers deaths. Jimmy was daydreaming instead of watching his soldier when he was killed on the way to the bathroom, and he knows it will haunt him forever. This short story shows how the soldiers were drones roaming Vietnam killing civilians and burning cities. Jimmy Cross would think about how he had no explanation for the killing of civilians and would just keep marching onward. The similarities between Jimmy Cross and Bob Kerrey are plentiful. They had probably done a lot of the same things while commanding troops in Vietnam. â€Å"Kerry admitted that a combat which he led during the Vietnam War was responsible for shooting dead more than 20 unarmed civilians, mostly women and children. After the killings, the squads commander reported that the unit had killed 21 Viet Cong, and Kerry was awarded a Bronze star. † Kerrey cannot be the only soldier that regrets killing civilians. Soldiers that have experienced a traumatic events previously in war can have flash backs to old battles and lose sense of reality. Shooting innocent civilians did not cause either of these men PTSD. Someone who is having a breakdown might get hostile because they feel like violence is needed for survival. There are lower levels of cohesion, flexibility, and communication in a veteran of war. Killing enemies and killing innocent civilians changes soldiers, and when they are in the heat of war, they do not care who they kill. PTSD is at a different level depending on the soldier. It is apparent in some and not so much in others. What it comes down to is realizing that our soldiers make decisions in war that they would make differently had they not been in the war so long. It distorts what is really happening to the soldier. Combat greatly effects soldiers when they go back into regular society. American soldiers are war criminals for killing innocent civilians. Although the United States should not go back and charge soldiers with war crimes, like with Bob Kerrey, but in future wars civilians need to be spare civilians. The United States has killed civilians in the Iraq war as well. It’s hard to say that anything can be done to the United States for these murders because they obviously have been taking place for a number of years. Civilian murders need to be stopped in order for us to truly win a war. ——————————————– [ 2 ]. Vietnam War and US. M. S. S. Economic and Political Weekly. Vol. 36 No. 21. 2001. [ 3 ]. Impact of Vietnam War Service on Veterans’ Perceptions of Family Life. Charles C. Hendrix. Family Relations. Vol. 42. No. 1. Jan. 1993. How to cite Google, Essay examples

Is Your Company Making This Mistake On Facebook

IS YOUR COMPANY MAKING THIS MISTAKE ON FACEBOOK? If you’re reading this, you probably already know that your company should have a Facebook page. This isn’t another post about why you should use social media marketing. Instead, I want you to try something: Take a second, go to your Facebook business page, and stare at the Wall. Go ahead, I’ll wait. Here’s what you want to see: Informative, engaging posts Responses to the posts in the form of comments and likes Posts from your followers, who are hopefully your actual customers So why do you just see an endless stream of posts from your company, with no feedback? Why aren’t your followers linking to you and posting on your Wall? You might be making a very common Facebook mistake: Selling instead of engaging. Keep those little marketing blurbs about why your business is the best on your official website, not your business page. But what should you do instead? What makes one company so â€Å"likeable† and the others†¦not so much? And how can you start getting your customers to participate online? Ask Questions The easiest way to get a response is to ask for one, no matter how silly. Check out the Oreo business page, which has over 22 million followers – one of the most â€Å"Liked† brands on Facebook. The questions and posts are simple, yet several thousand people take the time to respond. Don’t feel like you have to be silly when you’re asking questions. That’s not appropriate for every brand. But you can still benefit from asking questions. Try asking: â€Å"How do you use ___ to make your life easier?† Or, â€Å"Which new product are you dying to get your hands on?† Let Customers Participate in Your Brand Encourage your followers to upload their own content to your Wall. But give them an incentive: You can offer a prize, or use it as marketing research. For example, Oreo asked their followers to vote for a new flavor†¦and delivered with a new product. Offer a Deal Here’s something that will work for all kinds of businesses, not just snack foods. Offer your followers a coupon, special deal, advance knowledge of a sale, etc. But only tell your Facebook followers. Make them feel special by rewarding them for supporting you online. Threadless, a relatively small t-shirt company, has almost 350,000 followers. In addition to engaging fans on the Wall, they offer a coupon just for Liking their page. Remember, most people use social media for entertainment. Your Facebook page isn’t a commercial, and it’s not your company website. But it can market your company – you just have to get people to follow you. How about you? Which companies do you follow on Facebook?