Recently, a lot of uncertainty has been circling around the issue of whether or not it should be legal to jailbreak 3G phones. “Jailbreaking” is now the common slang term for hacking into a Verizon iPhone, allowing users to run applications on the Apple OS that are not licensed or authorized by the Apple corporation. Confusion has now been cleared up by DMCA regulators, who have reached a consensus, which basically states that there is no unfair use attributed to the user who makes modifications to his or her iPhone, thereby making it operable with applications not approved by Apple.
The Digital Millennium Copyright Act (DMCA) is a U.S. Copyright law that makes it criminal to produce or propagate technology used to hedge digital rights management (DRM) which limit access to works that are copyrighted. However, the Electronic Frontier Foundation (EFF) has requested that the jailbreak Verizon phone be added to a list of specific exemptions that will ultimately not be applied to this act. The EFF contends that the iPhone’s integration protection system is purely a strategic business decision, bent on preventing competition. The EFF also maintains that jailbreaking represents fair use of the firmware linked to the operating system.
This new revelation comes at the expense of Apple, which has profited on a closed business model, introduced in 2007 when the iPhone debuted. While Apple has stated in the past that is not legal to jailbreak, to this date no action, legal or otherwise, has been taken against the untold numbers of iPhone users who have hacked into their phones to use Cyndia, an underground application store.
Apple has currently sold in excess of three billion applications, and emphatically states that its closed model has been the key to the iPhone’s success. Apple executives feel that other cellular phone networks could likewise be victim to devastating cyber attacks by iPhone users worldwide if they are permitted to legally break into their devices.
Proposed exemptions to the DMCA are brought up for review every three years. From Apple’s perspective, the DMCA should protect the encryption (which is copyrighted) and included in the start up of the iPhone OS. However, the Copyright Office came to a different conclusion – that instead, the restrictions that a copyright owner might impose upon an OS are not covered under a law meant to criminalize the violation of those restrictions.
Cydia, the forbidden application marketplace, can currently boast about nine million iPhones having the app installed. This news, naturally, comes as a great relief to the folks at Cydia and other alternative (but not sanctioned) applications written for installation and function on the iPhone (such as Rock Your Phone, which sells an app that enables the iPhone to become Wi-Fi hotspot.) The jailbreak community at large feels that this decision has given it legitimacy.
In response, Apple states that modification of the iPhone OS can lead to the inception of work which is a violation, yet protected by copyright law – and that the applicable license on the OS prohibits any software alterations. In addition (and not surprisingly) Apple has found that the unauthorized modifications are to be blamed for OS instabilities and other technical issues. Henceforth, they have explicitly stated that such alterations will void the iPhone warranty.
Category Archives: Law
Legal Process Outsourcing Pros And Cons
If you own a law firm or you are an in-house counsel looking forward to outsource legal process locally or globally, basic knowledge regarding the merits and demerits of legal process outsourcing service will be of great help for you. There are various that need to be considered and negotiated before flagging off any contract with a Legal proves outsourcing company. It will help you to maintain a good rapport and working relationship with the legal process outsourcing offering company. Initiate your outsourcing process by doing an evaluation of all your works. It will enable you to decide the type of work that you wish to outsource. After deciding the type of work, its time to questions that you must ask from your vendor. Some of the basic questions are as follows:
What will be the cost for legal process outsourcing services?
How well the LPO providing company will be able to meet our needs?
Why should that particular LPO Company be hired?
In case of legal process outsourcing Company you should be able to deal directly with that company. Besides direct communication medium, it must comply with all the obligations and privacy or confidentiality issues of the client. A standard set of benchmarks and metrics must be followed to measure the overall success or failure of the services provided by the company.
The advent of legal process outsourcing in India started as legal support services but in very less time duration, this sector has witnessed a phenomenal success and popularity. Always focus on how much profit can you make by legal process outsourcing. Calculate how much you can save along with all the mandatory tax advantages. Pay attention to the quality of the service offered by LPO Company. Properly analyze the associated risk factors and risk allocation framework to develop a strategy to control the risks. One of such risk can be linguistic or cultural differences that can cause obstacles in day to day operations of your business.
In case things run bad in your LPO relationship. One of the important prerequisite for LPO services is to have knowledge of the laws of the country of the LPO Company. It will help you to easily resolve the disputes that might creep in during later stages. So be ready and prepared to protect customer and company information.
The Law Of Attraction & An Inspirational Story Of Gratitude
I was sent this story as a PowerPoint presentation today by a friend. I thought that it was wonderful and I needed to share it with all of you. .
Two men both seriously ill, occupied the same hospital room. One man was allowed to sit up in his bed for an hour each afternoon to help drain the fluid from his lungs. His bed was next to the rooms only window.
The other man had to spend all his time flat on his back.
The men talked for hours on end. They spoke of their wives and families, their homes, their involvement in the military service, where they had been on vacation.
Every afternoon, when the man in the bed could sit up, he would pass the time by describing to his roomate all the things he could see outside of the window. The man in the other bed began to live for those one hour periods where his world would be broadened and enlivened by all the activity and colour of the world outside.
The window overlooked a park with a lovely lake. Ducks and swans played on the water while children sailed their model boats. Young lovers walked arm in arm amidst folwers of every colour and a fine view of the city skyline could be seen in the distance.
As the man by the window described all this in exquisite details, the man on the other side of the room would close his eyes and imagine the picturesque scene. One warm afternoon, the man by the window described a parade passing by. Although the other man could not hear the band, he could see it in his minds eye as the gentleman by the window portrayed it with descriptive words.
Days, weeks and months passed.
One morning, the day nurse arrived to bring water for their baths only to find the lifeless body of the man by the window, who had died peacefully in his sleep. She was saddened and called the hospital attendants to take the body away.
As son as it seemed appropriate, the other man asked if he could be moved next to the window. The nurse was happy to make the switch and after making sure he was comfortable, she left him alone.
Slowly, painfully, he propped himself up on one elbow to take his first look at the real world outside. He strained to slowly turn and look out the window beside the bed.
It faced a brick wall.
The man asked the nurse what would have compelled his deceased roommate who had described such wonderful things outside this window. The nurse responded that the man was blind and could not even see the wall. She said, Perhaps he just wanted to encourage you.
Epilogue:
There is tremendous happiness in making others happy despite our own situations. Shared grief is half the sorrow, but happiness when shared, is doubled. If you want to feel rich, just count all things you have that money cant buy. Today is a gift that is why it is called The Present
There are so many points for you to take from this story:
We are all so busy trying to make it in life that we often miss how grateful we should be for the smaller things in life, like, having someone to talk to or someone to share our day with.
What a wonderful thing it is to make someone elses day a little brighter, no matter what is going on in yours. If you take on this attitude then you will attract more of the same into your life. It really is a win-win situation.
The power of visualisation to change our lives completely. You can take yourself to a different place, where life may be as you want it. You can take yourself to a place where you are feeling different emotions. It shows that through visualisation you have the power to create a different life for yourself. If you want something different in your life and you want it immediately then visualise yourself having it.
Today is a gift that is why it is called The Present. You want to be visualising your future goals, but dont forget to live in the present, in the moment. Be grateful for all you have and enjoy the time you have right now. It is said that a year in the future is closer to you than 10 minutes ago because you can never go back to that time, only forward.
Grasp life with both hands. Be grateful for everything you have right now, big or small. Use visualisations to picture what your future will be.
I hope you enjoyed the story as much as I did.
Its the business, stupid bringing strategy tools into the practice of law
A lawyer who has not studied economics is very apt to become a public enemy” Brandeis J. Law schools do not generally teach anything about business, as opposed to business law. As a result, lawyers learn about business legal forms and contracts, but nothing about the non-legal imperatives of running a business like corporate finance, marketing, or corporate strategy. Furthermore, as members of an inherently conservative profession many lawyers resist engaging in any topic that goes beyond the four corners of their legal brief (“I only give legal advice”).
This is highly problematic for business, because every legal problem comes within a business context, and lawyers who are not willing or able to understand that context cannot give good advice; Brandeis J.s dictum is as applicable with respect to business knowledge as it is with respect to economics, and there remains a significant knowledge gap between the practice of law and the practice of business.
In some cases lawyers address this knowledge gap by specializing not only in a particular field of law but also in a particular industry, and in this way they develop industry expertise in substitution of more general business knowledge. At the same time the scale of the knowledge gap can be masked by the natural hubris of the legal professionlawyers who are at the pinnacle of every information and decision making-tree they are associated with can suffer from the illusion of knowing more, not less, than their clients.
A great deal has been written about alternatives to lawyers billing by the hour, or lawyers working from home instead of at a desk in a big law firm, but in my view these topics are relatively trivial. A much more significant topic is bringing business financial and strategy tools into the practice of law in order to develop a multi-disciplinary approach to the delivery of legal services.
In a litigation context for example the focus of lawyers should not be on winning their clients case but on solving the underlying business problemsthe disputes which were the reason clients came to them in the first place. One very simple example of this would be to compare the cost of litigation with the cost of buying the other sides companyif the two numbers bear some similarity then a rare opportunity for a litigator to participate in value creation instead of value destruction may exist.
Business clients want to know how much their case will cost, how long it will take, what the risks are, and the probable result. These four basis elementscost, risk, time, and reward, are the foundation of the financial analysis of any business proposal, and there is no reason why lawyers cannot make reasoned and reasonably reliable assessments of these elements in any given legal contextthe law is no more uncertain than many projects undertaken by business, and in many cases is substantially more certain.
Once we have attached numbers, or a range of numbers, to the four elements then we can financially model them the same way we can model any other business proposal. We can start with a simple spreadsheet comparing cost to risk-discounted reward, or add time to give a net present value calculation (which will show how high the reward would have to be to justify the risk over time, all other things being equal). Nor does it stop therewe can go on to decision tree modeling to assess the value of certain choices and options, and use sensitivity analysis or tornado diagrams to identify the assumptions in the model around which most of the risk in the model revolves; this in turn allows us to go back and further assess the assumptions.
I am aware of no lawyers anywhere in the world who consistently adopt this multi-disciplinary approach in their practices. Discovering such lawyers, and developing a framework with readers to put some flesh on the bones of this theoretical multi-disciplinary approach, is a key objective of this Journal.
Five Key Factors Fueling The Secret Of The Law Of Attraction
Little do people know, but the secret of the law attraction is something that is far more complex than the media is making it out to be. Case in point: there are five very specific key factors that serve as the fuel and guiding light of this secret. If you want to harness the secrets power effectively, you have to get to know these key factors on a more intimate level. These factors are:
1.To make money, the secret of the law of attraction requires us to do something we really love. Focus your energy and attention on what you want to do, not what others think you must do. Just because a so-called expert says that the money is in a specific field or industry, it doesnt mean you must join the bandwagon. In order to create and deliver value to others on a consistent basis, you must do something you love. If you enjoy your work, it doesnt become work anymore. The drudgery is removed and you actually look forward to Mondays to begin another productive week. Now if you were doing something thats not right up your alley, consistency gets thrown out the window pretty quickly. So once again, do what you love. So what if others think you should be selling tacos instead of Belgian waffles? Go sell Belgian waffles and youll do great at it!
2.To make money, the secret of the law of attraction requires us to pay our debts. Its going to be hard to earn money and set aside a significant portion of it for savings if most or all of it goes to your I.O.U.s each month! The problem with many people is that they stop paying debts thinking its best to just take care of them once they start earning good income. On the contrary, any decent income you will have started earning will only go to paying the bloated interest and other penalty fees that got tacked on while the debt remained unpaid for months on end.
3.To make money, the secret of the law of attraction requires us to choose the right people. Being with the right people can open doors for us. This doesnt mean we have to morph into social climbers or gold-digging opportunists. The right people are individuals who can serve as good role models and even mentors to us. For example: you want to become a good stockbroker. You want to learn the ins and outs of the stock market but dont know where to start. You can take the first few steps by taking courses and joining professional organizations where you can meet stockbrokers who can give you tips and tricks.
4.To make money, the secret of the law of attraction requires us to wholeheartedly accept opportunities that come knocking on our doors. It is somewhat amusing that plenty of us wish for opportunities to come our way, and when they do, we get into a tizzy over whether to accept them or not. If you recognize an opportunity, grab it! Why waste time debating on whether things will work out or not? The only way you will find out is if you give it a shot! Remember: nothing ventured, nothing gained.
5.To make money, the secret of the law of attraction requires us to pay it forward. Money has a way of coming back to us plus some when we share our blessings to people who dont have much. The people you help have the potential to repay you in kind and so much more in the future. Sure, not all of the people you help will return the favor, but the ones who have a sense of gratitude and decency will reward you in good time, and so will the universe.
Knowing these five factors behind the secret of the law of attraction is the thing that can set you apart from all the other people all over the world who are trying to harness the secrets power for themselves. So, get to know these factors by heart, and always bear them in mind every chance you get. Soon enough, the power of the secret will just come to you quite naturally.