Theory to practice Essay Example for Free

Theory to practice Essay Big Time Toymaker (BTT) develops, manufactures and distributes toys and board games. An inventor named Chou created a board game called Strat. Chous invention caught the attention of BTT and they sought out to negotiate with Chou. During the time of communication between both Chou and BTT an agreement was made. Both parties agreed to BTT having exclusive negotiating wrights for a 90-day period in exchange for $25,000.00. The agreement stated that no contract exist unless in writing. After a meeting when an oral agreement was made Chou was emailed a document subject Strat deal by a manager of BTT. This email can be considered the contract in writing and Chou assumed so, later to find that BTT was now run by new management who claimed they were uninterested in his invention. The point where parties entered a contract was when the BTT manager sent Chou an email subject â€Å"Strat Deal†. This was the point where a contract was mad because BTT had received an exclusive 90day negotiating period, and distribution agreement wasn’t going to be in effect until received in writing. This email also included terms discussed during the oral agreement and pricing. The agreement of a contract was that it had to be in writing in order to exist. Never did BTT stress the form of writing. An email consist of written words, therefore it was a written agreement. A contract is an agreement with specific terms between two or more people or entities in which there is a promise to do something in return for something else. When the email was sent that was the completion of the exchange and fulfilled contract requirements. The oral agreement that both parties had before the email was sent was establishing objective intent to contract. BTT also sent a fax to Chou a month after the 90day period passed requesting the draft to be sent. This action also showed intent to contract. What weighs in Chous favor in terms of parties objective to contract is the fact that BTT paid him. They exchanged money for exclusive negotiating rights. Chou could  always state an unilateral mistake was made and he misunderstood the terms of an agreement. The fact that both parties communicated by email has no impact on the decision of Chou rightfully still having a contract. Email is just as sufficient as a letter or hand written draft. With a subject email sent saying â€Å"Strat deal†. â€Å"The law governing which contracts must be in writing in order to be enforceable† is also known as the statue of frauds according to University of Phoenix The Legal Environment of Business (2011) . The contract was emailed to Chou before the 90day deadline right after an oral agreement. The statue of frauds supports Chou still having a valid contract. BTT could avoid this contract under mistake. Chou had mistaken the email as the contract agreement. BTT specified that the distribution deal would only be valid if contract was in writing. BTT could argue their meaning of a contract in writing is a contract on paper. This would be a mutual mistake. Both parties had a different understanding of what a contract consist of. Mutual mistake shows both parties at fault instead of only one. If the email does constitute an agreement, the thing that support this a greement is the fact that Chou was within the 90 day period when the email was sent. Although the email said nothing about a contract it was titled Strat Deal. During the verbal agreement Chou was lead to believe that both parties had finally agreed on the terms of the contract. Assuming that Chou did have a contract and BTT decided to breach the contract Chou could obtain remedies for his lost. The proper remedy would be compensatory damages. â€Å"Compensatory damages are an attempt to put the nonbreaching party in the same position she would have been in if the other party had performed as agreed (melvin, 2011, Chapter Chapter 7, Contract Performance:Conditions, Breach, and Remedies).† By the new management breaching the contract Chou misses out on potential profits that could have occurred if the contract had been followed through with. The remedy that would be less favorable would be consequential damages. Assuming from the theory that Chou had nothing in place directly depending on the completion of his contract, there is nothing that would be affected indirectly from the unfulfillment of the contract. Consequential damages compensate foreseeable indirect losses. Work cited Melvin, S. P. (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice. Retrieved from The University of Phoenix eBook Collection. Melvin, Sean P. (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice. Retrieved from The University of Phoenix eBook Collection.

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YHWH gave the Israelites the Ten Commandments. These Ten Commandments â€Å"set the Israelites apart and enabled them to mold a distinctive culture† as said in the text book The Human Records sources of global history volume 1: to 1500. The Human Records mentioned that â€Å"Israelites evolved the idea that they enjoyed the special protection of god (YHWH)†. The Ten Commandments are the exact words of God which were engraved on a stone that was given to Moses by god. As mentioned in the text book The Human Records , in return for protection of the YHWH, the Israelites deity demanded their sole devotion. They were going to success in Canaan, a land the YHWH had promised them and had to maintain religious and cultural distance from all other people. First commandment lets the Israelites know that they should not have any other god before him, he should be everyone priority. Second commandment says that there should not be any other image of God and God should be worshiped. Third commandment says that Gods name should only be used with respect and nothing else. Fourth commandment is the Sabbath day Sunday, the seventh days where you shall not do any work and remember that you were a servant and god brought you out with a mighty hand. Fifth commandment says that you should respect you parents both mother and father. Sixth commandment says that â€Å"you should not kill â€Å"straight forward as the commandment says. Seventh commandment says that couples should be faithful in their marriage and not cheat. Eighth commandment says that you should never steal. Ninth commandment says that you should not lie. At last the tenth commandment says that you should not be envious of other people don’t say I’m going to buy thi s because they have that . The Hammur... ...ne that was given to Moses by god. Their differences show there unique distinction from the Ten Commandments and the Hammurabi code. Both are very important because both are still used today. The Ten Commandments up to this day I still use and believe in them and know that they will always show up and not disappear. The Code of Hammurabi probably had some modifications done to the code but some laws can still apply today. The Code of Hammurabi is far more detailed then the Ten Commandments .The Ten Commandment is written straight forward and addressing god. At the end there differences brings them apart the Hammurabi as the stricter than Ten Commandments. At the end there differences brings them apart the Hammurabi as the stricter than Ten Commandments. Ten Commandments a religious belief that many fallow counting myself and Code of Hammurabi set of punishable laws.

Is Fanfiction a Legitimate Activity for Fans? Essay

Robin Hobb (2005) defined fanfiction as the written work of fans and readers who use the author’s original characters in their own fiction without any form of consent. As an author who is against fanfiction, she wrote a full length essay to describe this genre of writing as a foul approach to the craft. On the other hand, a blogger named Justin responded to the different items Hobb listed. In this light, many have said that writing fanfiction is not a legitimate activity for fans, much less legal. As Hobb illustrated in her essay, fanfiction is definitely a genre of literature that should be heavily discouraged. Her arguments aimed to justify that legal actions should be taken upon this seemingly intellectual theft. In contrast, Justin’s arguments aimed to legitimize this form of writing, and point that fanfiction is not illegal. To illustrate the premises, the terms legal and legitimate should be defined. The online dictionary wrote that legal refers to an act recognized and permitted by law. In relation to fanfiction, there are no laws that allow writers to create fanfiction. Subsequently, there are no laws either that bans this activity. When writing fanfiction, writers are explicitly asked to write disclaimers to declare and clarify that they do not have any sort of rights over the characters by the original authors. Legitimate activities are those that are in accordance to law. The online dictionary listed that it questions the authenticity of the object or act. Fanfiction is not entirely an authentic artwork since the characters used in the stories are borrowed from someone else. However, since these rights have been wavered in the form of disclaimers, the other elements of fiction are in the hands of ‘fans and readers’, legitimizing their intellectual property over their fanfiction. The following paragraphs will present the arguments of Hobb and the responses by Justin. These are aimed to exemplify if fanfiction is truly a legal and legitimate activity for fans. How each side argues around the motion, however, does not result to a fact. This means that this is merely a deliberation between two writers regarding this issue. First, fanfiction writers compose using the author’s elements in the story: characters, settings and general plot without consent, as Hobb said in the same essay. Here, the author was trying to imply that the writers are stealing intellectual property. Justin responded to this by saying that once published materials are shared to its audience, these people become engaged and take part in its success or downfall. He also questioned why those movie tie ins are more acceptable and not categorized as fanfiction when only sponsorship sets it apart. Just because money is involved doesn’t mean that fanfiction writers are practicing intellectual theft and productions battling for movie tie ins are very welcomed. The blogger further expressed that when they sue fanfiction writers, it is as if they are suing children for drawing the many Disney characters. In this set of arguments, the legality of fanfiction is given priority. Financial affairs are usually tied with legal actions. Here, it has been said that fanfiction writers do not earn through writing this genre. These writers create stories to satisfy curiosities and fantasies that were intrigued by reading or watching an original artwork. Any writer would say that they write for entertainment first, and money maybe later. Second, Hobb implied that there is no good coming out of writing fanfiction. It does not violate any copyright law, and writers do not earn from it. Justin responded to this by stating that fanfiction creates more than possibilities along the original story lines. It allows fan communities to have a stronger bond. More importantly, it gives way to a broader creative opportunity to express themselves as writers. Many writers create stories not to earn, but simply to experience the joy of writing, something many known authors went through even before the start of their careers. By writing fanfiction, people discover other writers who have the same interests. It promotes relationships among fans, and not just their creativity. Third, Hobb said that it lowers the ratings of their works. Fanfiction is a form of identity theft. Justin immediately responded to this by saying that fanfiction can be a form of literary criticism, and that when she despises these forms of fiction, she is taking these criticisms as personal judgments. Furthermore, the author of the blog added that fanfiction widens the readers of the works of these authors, especially when the fanfiction has been well written. Hobb continued that those who read fanfiction about Harry Potter might get the wrong idea about the context of the series; Justin said that majority of those who read Harry Potter fanfiction are most likely those who have read or seen the works J. K. Rowling has authored. Fourth, the author said that fanfiction writers who create stories based from her work is in a way claiming her work, and cannot be right from any angle. Justin reacted that these writers are her readers, and that they are those who will be saying if her works have been successful or not, if she is a great writer or not. That is how the industry of writing is. One is not a successful writer if his reader was not happy about his story. Moreover, Justin added that reading is half the joy because all texts have different interpretations. Hobb can never ascertain that her readers will all have the same idea after reading her works. Everybody have different mind sets and different backgrounds, which can strongly affect how they read and understand a story. Furthermore, authors should feel privileged and honored that their works gained fanfictions because it goes to show that their stories deeply touched the hearts and minds of these people that they respond in such a creative avenue. Fanfiction writers do not tell authors that they made a mistake, and that their works are ugly. In fact, they have become inspired; they just have different interpretations. Fifth, Hobb said â€Å"the intent of the author is ignored. † The original context was changed: relationships, death, ending, and plot. Justin further emphasized that it was how the fan writers perceived their works. Nothing was written to spite the author. More importantly, nothing was written to â€Å"close† loose ends in the story. It is more of widening the possibilities in the story; the ‘what ifs’ and ‘maybes’ the audience have encountered during the course of the story. The works of the many authors are deeply loved and fully appreciated, knowing the time and effort they must have exerted to finish the novel or series of. Fanfiction writers are not holding any claim on it. Sixth, Hobb was told that fanfiction is an appropriate avenue to become a better writer. She responded by saying that if this was the truth, then karaoke creates singers and coloring books create artists. Justin just called her â€Å"ludicrous†. Among her arguments, this is by far the weakest. Of course, these are the avenues to discover talent. How else would you know if a child would be a painter if you won’t give coloring books, a musician without instruments, or a writer without books? Talent cannot be discovered without initiating its search. Seventh, to counter this, Hobb said that fanfiction is not a means to become a writer. By completely changing many aspects of the original context, this pretense of creating stories is not a good practice of writing. Justin responded to this by presenting examples like Max Ernest, Duchamps and Basquiat, Public Enemy, DJ Shadow and Negativeland, whose masterpieces must be considered as theft of intellectual property and be imprisoned. The original ideas of the authors are not stolen. They are, in way, taken into the next level. Eight, Hobb always emphasized that the original idea belongs to its creator, as Justin pointed out. However, not all plots are invented. Ideas are usually similar. They are only altered slightly, and it would seem different. In such a craft, ideas are not always new, but what matters is how it was approached and written. It usually boils down to the same theme. Critiques question craftsmanship and not the main idea alone. These points highlight that Hobb’s arguments against fanfiction are very weak and does not fully justify fanfiction as an illegal activity for fans. Plagiarism was not committed since fanfiction writers give full credit to the original authors. Moreover, these writers do not create fanfiction to earn, but simply to write and relate with other writers of the same interests. They write for growth and not selfish reasons. Hobb failed to give light to her legal and legitimate stand against fanfiction since her arguments mainly concerned personal rants and close minded opinions. This paper initially stated that the points brought out in this paper cannot fully stand on either affirmative or opposition. However, based on the given text, this paper concludes that fanfiction is a legitimate activity for fans. Works Cited Justin. November 9, 2005. Creative Commons Attribution-NonCommercial-ShareAlike 2. 5 Malaysia License. 27 December 2007 .

The Most Notorious Serial Killers in History