Sunday, December 29, 2019

Sega Enterprises Ltd V. Accolade Inc. - 2178 Words

Sega Enterprises Ltd v. Accolade Inc. In the year 1989, Sega Enterprises Ltd released Sega Genesis and the game had decent security checks which allowed only the licensed games by the publisher to play on the console. However, Accolade Inc. released their games into market which could be played on Sega’s console. Accolade had to take license from Sega and pay them some fee for licensing, but that would increase the overall cost of their game making it impractical to market it at such overhead charges. So, Accolade decompiled the game of Sega Genesis and re-engineered the code in a way that it could disable the security locks on the Genesis. Sega as a counter measure introduced the TMSS (Trademark Security System) on their then latest version Genesis III, which would scan for and display their trademark on the game before playing. Accolade responded to this change by identifying the TMSS file and adding it to their games. The first lawsuit was filed by the Sega Enterprises Ltd against Accolade Inc. on the grounds of trademark infringement and false designation of origin in violation of sections 32(1) and 43(a) of the Lanham Act (1946). Later Sega even added copyright infringement to the existing case. Accolade counter acted by filing case against Sega under section 43(a) of the Lanham Act (1946). At the District Court level Sega won the lawsuit, but Accolade took the case to the next level by appealing the case at the Ninth Circuit of U.S. Court of Appeals. Accolade wonShow MoreRelatedExploring Corporate Strategy - Case164366 Words   |  658 Pagesregulatory This case was prepared by Sarah Holland. It is intended as a basis of class discussion and not as an illustration of good or bad practice.  © K.S. Holland, 2007. Not to be reproduced or quoted without permission. Photo: AstraZeneca UK Ltd ECS8C_C02.qxd 22/10/2007 11:53 Page 609 THE GLOBAL PHARMACEUTICAL INDUSTRY 609 BOX 1 The drug development process it becomes clear that pharmaceutical RD is a very high-stakes game. Given the enormous risks and considerable

Friday, December 20, 2019

The Theory Of Self Defense - 962 Words

Self-defense is described in the dictionary as; â€Å"the act of defending one s person when physically attacked, as by countering blows or overcoming an assailant† (â€Å"self-defense,† n.d.). The concept of self-defense appears well-defined; however, the tactics allowed to protect oneself have evolved just as America has. As technology and weaponry advance, the need for clearer laws pertaining to the actions allowed by an individual need to be reevaluated and clearly communicated. Starting in early colonial times and moving through history, there is a great deal of differences between the self-defense that was once permitted and what is acceptable and tolerated today. In early colonial times, Europeans began settling in America. During this time, there was a need for self-defense from both the Native Americans who were already settled on the â€Å"new land† and from the European invaders who wanted to take it over. Self-defense was originally termed the first law of nature, and citizens were allowed to use deadly force whenever they judged it necessary. This practice of self-defense existed during a time where the individual was considered the â€Å"†¦ judge, jury, and executioner† (Cornell, 2013). While being attacked, an individual was allowed to determine the course of action he or she could take to protect himself or herself--whether it be retreating or killing the perpetrator. During this time, items such as one’s own hands, bow and arrows, knives, and weapons of that sort were usedShow MoreRelatedLocke, Hobbes, Aquinas, and Machiavell Theory on Self-Defense and Governance1548 Words   |  7 Pagespolitical struct ures, theories, strategies he must first deconstruct the basis of society. By first deconstructing society, the theorist is then able to reconstruct society and simultaneously elaborate on each component of society to then theorize on effective political structures. Locke, Hobbes, Aquinas, and Machiavelli each followed this process in creating their political theories and at the very center of each of their theories is a commentary on human conflict. Self-defense is the very first typeRead MoreIs It Ever Okay? Essay1581 Words   |  7 Pageslaw, if a defendant can past the five elements of proving their attacker as dangerous and a threat, then no criminal charges will be filed against them (National Paralegal College, 2016). Even though you are still taking the life of someone else, Self Defense is the only form of killing that is okay because it is a form of protection and it can save you from being harmed or killed. Morally, killing someone else is never okay and usually this heinous crime, is not committed by the average person. HoweverRead MoreCultural Relativism And Racial Relativism Essay1169 Words   |  5 PagesQuestion 1 Cultural Relativism is a theory arguing that each different society follows a different moral code that is created by the majority and that is completely right and acceptable. A moral code is right, not because of any moral reason, but because a specific culture says it is. It is important to understand that Cultural Relativists believe that each group has the right moral code for themselves, even if there are contradictory moral codes in different societies. In James Rachels’ articleRead MoreEssay about Affirmative Defences881 Words   |  4 Pages Affirmative defenses is the answer to which a defendant gives the court in response to the crime they are charged with. There are two main types of affirmative defenses, Justifications and excuses. Justifications and excuses are answers that the defended did do the crime but they can give a wonderful and perfectly good reason why they did it and they should not be held responsible for the crime they committed. Because every case i s different there is a plethora of justifications and excuses, someRead MoreEmployment Advertisement And Employer Liability Over Employee Conduct892 Words   |  4 Pages(â€Å"ADEA†) contains the rule based on defense of bona fide occupational qualifications (â€Å"BFOQ†). Specifically, under ADEA, employer may not advertise based on age preferences. (Age Discrimination in Employment Act of 1967). Using age range or â€Å"young boy,† â€Å"young girl,† â€Å"college student,† or â€Å"recent college graduate,† will likely violate the ADEA. (29 C.F.R.  §1625.4(a)). However, employer can use BFOQ as a narrow exception defense (Miller, 2013). For BFOQ defense, the employer must prove that (1) requirementRead MoreSigmund Freud Theories1254 Words   |  6 Pagesis a well known name in the world of social science. Freud is responsible for revolutionary concepts such as the defense mechanisms and the iceberg metaphor outlining the human psych e. The knowledge of Freud’s concepts such as these have allowed me to gain a more thorough understanding of the complexity of my psyche and the causes of my behaviours in my everyday life. Freud’s theories aid me in explaining my actions in various situations in my social life and groups, my personal thoughts and motivesRead MoreFreud s Theory Of Personality974 Words   |  4 PagesFreud and his theories about the unconscious and behavior. It was one of the main focuses of my high school psychology class. However, I had never heard of his theories about personality before, and it was really interesting to learn about. He thought that the human psyche was structured into three parts; the id, superego, ego. Just those names alone make me want to learn about this interesting theory, and I really enjoyed researching this topic. The first part of Freud’s theory of personalityRead MoreHolden Uses Defense Mechanisms1372 Words   |  6 PagesConsequently, Holden uses defense mechanisms, â€Å"as a means of preventing anxiety that would result from conscious awareness of disturbing impulses, wishes, or ideas arising from the id,† (Nevid 471). Nevid explains that according to Freudian theory, defense mechanisms reside in the unconscious part of the human brain because if people were conscious of every single problem, people wouldn’t be able to function. Therefore, Holden is subconsciously utilizing defense mechanisms in order to shield himselfRead MorePsychoanalytic and Phenomenological Explanations of Persistent Antisocial Criminal Behavior1695 Words   |  7 Pagesinterrelated sources ranging from ones upbringing and quality of relationships to their own feelings of self-esteem and worth. Though this may seem relatively easy and un-complex, countless people today are engaged in persist ent antisocial, criminal behavior, and seem unable to find an alternative, legal, means of living. While many have tried to explain such behavior through various theories, the causes of criminal activity remain to be satisfactorily clarified. Essentially, antisocial criminalRead MoreCase Analysis : The Jodi Arias Story And Her Whereabouts Changed Three Times1689 Words   |  7 Pageswhereabouts changed three times. Sykes and Matza’s drift/neutralization techniques will be used to analyze her final alibi presented to authorities. Her motives or why she murdered her ex-boyfriend can be analyzed through Agnew’s general strain theory, evaluating the removal of positive stimuli and the introduction to negative stimuli. II. Background Details about the case Arias and Alexander met at a conference in Las Vegas in 2006. After meeting they entered into a relationship and Arias’

Thursday, December 12, 2019

Groupon Case analysis free essay sample

Groupon, a new internet coupon sensation, was formed in Chicago to gain exposure to new businesses through discounted membership deals and has been on the rise ever since. This particular case study attempts to elaborate on the success of Groupon and how it works. The e ­coupon was designed to help business owners appeal to new prospective consumers by advertising group discounts on products and services. There are a range of businesses that are advertised on the website. One can find discounts on spa packages, concert tickets, dinner and dessert specials, and more. The way it works is, the business owner makes a deal with the website by offering a discount on a product or service and tells how much they are willing to accept for it and the amount they’re willing to give away. Then, Groupon advertises the offer for a limited time and receives a finder’s fee once consumers purchase the deals. We will write a custom essay sample on Groupon Case analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The business has full control over the minimum and maximum number of deals they’re willing to offer. If the deal doesn’t appeal to consumers then there is no financial loss to the business owner. The intention of the business owner is not to gain a lot of profit from the deals made? rather the intent is to drive traffic to the business once the deal is over. Moreover, the benefit of Groupon to the producer comes after the deal is over and the benefit of Groupon for the consumer comes while the deal is still going on. It is a way for consumers to not only receive great deals but also establishes buzz marketing and word of mouth. It is very beneficial for those who invest in Groupon to get their services out in the public and gain a wider target market. Table 1 shows comparison of porter’s 5 competitive forces before and after Gro upon Table 1: Porter’s 5 forces pre ­groupon and post groupon Porters Competitive forces Pre ­Groupon Post Groupon Threat of new entrants Low Not too many competitors Medium First entrant advantage not too many survived the competition Bargaining power of suppliers Low industry leader not too Medium many although it increased there are not too many choices for suppliers to make choices any bargains other than groupon Bargaining power of Low High buyers switching costs for buyer is very low or NIL Threat of substitute products Low first in business Medium same as suppliers Industry Competitors Low High Market Size Small Large Market Growth Medium  ­ People did not understand the groupon business Rapid Business Strategy Focus 1. Differentiation 2. Cost leadership First Mover Advantage High Medium/Low IT infrastructure Rare,Valuable,Imitable Not rare,Valuable,Imitable Information Repository Rare,Valuable Rare,Valuable Technology Skills IT management skills Medium Rare,Valuable,Imitable Medium Rare,Valuable,Imitable Relationship skills very rare,valuable,Difficult to Imitate very rare,valuable,Difficult to Imitate