2008年2月20日星期三

Taiwan White Glove collection of money

Successful entrepreneurs, in the long term it is the practice of war to become the strongman Weida the know-how, knowledge target to act decisively and with courage, it could be successful cause. Wang Yung-ching, the Taiwan entrepreneurs in the business sector has been fighting nearly 60 entrepreneurs access to today's achievements, but also because of his knowledge in front of people marched in front of people, to win a victory in front of people. In the early 1950s, Taiwan's plastics industry is backward, the world's plastics industry is also in the early stages of development. Then Wang Yung-ching, has seen the development of the plastics industry to the long-term prospects, he took to the United States in the development of heat-office loan 680,000 US dollars, and building a plastics factory. From then on, he go all out, the plastic products industry by the expansion of the oil and chemical. Region from Taiwan expanded to the rest of the world and now he has the Formosa Plastics Corporation is a multinational enterprises, their branches all around the world a dozen countries and regions, and in the growing. 1987, Formosa Plastics sales of 53 billion dollars, pre-tax profit 695 million US dollars, than in 1986 (3.09 billion US dollars) increased nearly doubled. Now, Wang Yung-ching has become a global one of the famous Big Spender, was known as the "god of the operation of the business community." ★ ★ ★ ★ ★ ★ started diligence Successful businessman from scratch, what fun is not the policy differences, but on the minds of Superman and redouble their efforts. Their motivation, as an upward mobility rugby players, despite the scheduled practice time every day, have enabled him exhausted, but in the night, he was secretly practicing alone. Perhaps only by so doing can we artistry Maria! Some of their services to help the restaurant purchase cheaper goods, at the expense of sleep time, the distance of thousands of miles away to go to the countryside to buy hog, not even the boss told colleagues was that the spontaneous "to shop" Rouzhao tired eyes, his nights Qugan Road. Fujian origin of Chen because of his people seek and loyalty, and to pay with friends, work hard, he runs a small grocery store when a French tycoon by the appreciation, thus into banking. Since then his smooth, ambitious exhibition. Many people dream, elusive enterprises, such as banks, railways, shipping, etc., as he Congguangchicheng. This is hard for his return. ★ ★ ★ ★ ★ ★ time value 留不住time. People are making money doing business in a rushed schedule. In fact, the time value of money can also, such as deposits, loans, purchase bonds interest in the real estate investment, low-priced purchase, with the passage of time, rapidly rising prices, and bring new interests. There are other Kubi, stamps, antiques, collections of celebrities such as a scroll, with the passage of time will make the value doubled. People from buying new wineries producing whisky, private storage place. The longer liquor store, the fewer the number, wait until prices, repeatedly used by the marketing. Small cars investment is also very effective, genuine car, as long as updating changed, it will become another new luxury cars. If mastered the conversion technology, a few years after the price increases, it will be a number of the sale and purchase of precious and sought after. Time to give you an inestimable wealth, if you can take full advantage of this, not this going to make money? ! ★ ★ ★ ★ ★ ★ priceless reputation Do not rely on others, self-reliance, self cause is the basic spirit of doing business. Successful in the middle, of course, there are examples of co-operation, but more than that based on mutual self-help self-reliance, and only rarely looking to help others, and to help others phenomenon. Take the commercial negotiations, between the rights and obligations of draw, everyone will do my best and complete common tasks. However, the awareness and working people, it does not mean that has been, we can be all things unreservedly相告. Be no boundaries, totally dependent on others or who are dependent on Bujuqu. Such as the common management company, when each of the appropriate allocation of jobs, which are flexible to do thoughtful subsidiary undertakings, if the shareholders will agree that the shareholders will receive a more practical experience and ability to serve as the subsidiary responsible person. The responsible person will not use the terms of reference are favorable to their own business. In the industry, started off Although the strength to rely on others, but one should be on track after its own strength to act.

The young people how to make a lot of money?

The young people how to make a lot of money? Hong Kong real estate tycoons Lee Shau-kee concise strong views that the economy Reading, early marriage, savings. According to Hong Kong media reports, the first Chinese in Hong Kong businessman Li Ka-shing and the same amount of real estate Henderson Chairman Lee Shau-kee, the recent students and the Hong Kong University of Science and Technology held a discussion with students interested in how the rich, Lee Shau-kee also frankly expressed their own The Zhifuzhidao. Lee Shau-kee respect, if the business would like to get rich, they have to set goals. In his view, men are most afraid of the wrong line, the wrong Lang married women fear most, would like to see the money, when the election will be read by economic, commercial, joined after graduating from the financial sector, the wage will be much higher than other industries, some people only done 32, the monthly wages of hundreds of thousands of Hong Kong dollar has been, there are several million dollars a year, because Hong Kong as a financial centre, on strong demand for financial professionals. After graduation, Lee Shau-kee advised students not to marry and form a family too. Early marriage with family burdens, it is easy for their children to work for the house to work. Lee Shau-kee of about 18 years old in 1948 when Hong Kong is struggling more than 10 years of success in the 30-year-old to be married before he, the eldest son of Li Jie in the 20th Gangchu also rise when the first home - the idea has also been persuaded to give up the idea of Lee Shau-kee. He believes that in order to get rich first will save money, money will be easier to make money. If only to labor to make money, to make money in, night exhausted, we can not make a profit profits, the reason is very important. Lee Shau-kee, and the United States and Europe, the China and India are still developing countries, cheap human resources, the economy can maintain an annual 9% growth in 10 other countries are not half, will be able to return on investment outperform them. He Jimian Zhizaisifang students, their eyes on China. Henderson earlier position to disclose, in the next five years, China plans to invest 30 billion Hong Kong dollar to buy land and expand their businesses.

Lawsuit Hinges On Whether 'That's So Gay' Is an Anti-Gay Putdown

Lawsuit Hinges On Whether 'That's So Gay' Is an Anti-Gay PutdownWhen a few classmates razzed Rebekah Rice about her Mormon upbringing with questions such as, "Do you have 10 moms?" she shot back: "That's so gay." Those three words landed the high school freshman in the principal's office and resulted in a lawsuit that raises this question: When do playground insults used every day all over America cross the line into hate speech that must be stamped out? After Rice got a warning and a notation in her file, her parents sued, claiming officials at Maria Carillo High in Santa Rosa, Calif., violated their daughter's First Amendment rights when they disciplined her for uttering a phrase "which enjoys widespread currency in youth culture," according to court documents. Testifying last week about the 2002 incident, Rice, now 18, said that when she uttered those words, she was not referring to anyone's sexual orientation. She said the phrase meant: "That's so stupid, that's so silly, that's so dumb." But school officials say they took a strict stand against the putdown after two boys were paid to beat up a gay student the year before. "The district has a statutory duty to protect gay students from harassment," the district's lawyers argued in a legal brief. "In furtherance of this goal, prohibition of the phrase 'That's so gay' ... was a reasonable regulation." Superior Court Judge Elaine Rushing plans to issue a ruling in the non-jury trial after final written arguments are submitted in April. Her gag order prevents the two sides from discussing the case. Derogatory terms for homosexuality have long been used as insults. But the landscape has become confusing in recent years as minority groups have tried to reclaim terms like "queer," "ghetto" and the n-word. In recent years, gay rights advocates and educators have tried teaching students that it is hurtful to use the word "gay" as an all-purpose term for something disagreeable. At Berkeley High School in Berkeley, Calif., a gay student club passed out buttons with the words "That's so gay" crossed out to get their classmates to stop using them. Rick Ayers, a retired teacher who helped compile and publish the "Berkeley High School Slang Dictionary," a compendium of trendy teen talk circa 2001, said educating students about offensive language is preferable to policing their speech. "I wouldn't be surprised if this girl didn't even know the origin of that term," he said. "The kids who get caught saying it will claim it's been decontextualized, but others will say, 'No, you know what that means.' It's quite talked about." Rice's parents, Elden and Katherine Rice, also claim the public high school employed a double-standard because, they say, administrators never sought to shield Rebekah from teasing based on Mormon stereotypes. Christopher Phelps & Associates, LLC v. Galloway4th Cir.02-12-2007Niemeyer, Circuit Judge05-2266PUBLISHED Argued: October 24, 2006 Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges. Affirmed in part, vacated in part, and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Motz and Judge Traxler joined. OPINION After R. Wayne Galloway began construction of his retirement home on Lake Wylie, near Charlotte, North Carolina, using architectural plans designed and copyrighted by Christopher Phelps & Associates, LLC ("Phelps & Associates"), without permission, Phelps & Associates commenced this action against Galloway for copyright infringement. Phelps & Associates sought damages, disgorgement of profits, and injunctive relief. A jury found that Galloway infringed Phelps & Associates' copyright and awarded it $20,000 in damages, the fee that Phelps & Associates traditionally charged for such plans. The jury also found that Galloway had realized no profits to disgorge. The district court thereafter declined to enter an injunction, finding that the jury verdict had made Phelps & Associates "whole," and entered judgment in favor of Phelps & Associates for $20,000. From that judgment, Phelps & Associates appeals, requesting a new trial on damages and the entry of an injunction prohibiting the future lease or sale of the infringing house and mandating the destruction or return of the infringing plans. We agree with Phelps & Associates that the district court erred during the damages phase of trial in instructing the jury that Phelps & Associates' copyright was a derivative work. As we explain herein, Phelps & Associates held a copyright in the entire work manifested in Galloway's house. We conclude, however, that the error was harmless. We also reject Phelps & Associates' challenges to evidentiary rulings. Accordingly, we affirm the judgment incorporating the jury's verdict. We agree with Galloway's contention that the court in the circumstances presented here may not issue a permanent injunction, as requested by Phelps & Associates, prohibiting Galloway from ever leasing or selling the house. Not only would such an injunction unduly restrain the alienation of real property, it would violate the "first sale doctrine" in 17 U.S.C. § 109(a), which we hold authorizes Galloway to sell or otherwise dispose of the house as a copy for which the remedies in a copyright action have been paid. Other injunctive relief, however, might be available in applying the general principles of equity, as required by eBay Inc. v. MercExchange, L.L.C., 126 S.Ct. 1837 (2006), which was decided after the district court's order denying relief in this case. Accordingly, we vacate portions of the district court's order denying injunctive relief and remand for the limited purpose of reconsidering other equitable relief, such as an order requiring Galloway to destroy the infringing plans or return them to Phelps & Associates. I. R. Wayne Galloway, in anticipation of retirement, planned to build his "dream home" on a lot that he owned on the North Carolina side of Lake Wylie, southwest of Charlotte, North Carolina. Displeased with the design work done by an architect whom he had hired, Galloway went with his son-in-law to view the designs of homes on Lake Norman, an expensive residential area about 30 miles north of Lake Wylie, where his son-in-law was working as an iron-work subcontractor. There, Galloway saw a French-country style house that he liked. His son-in-law approached the builder of the house, Simonini Builders, Inc., and asked the superintendent for a copy of the plans. The superintendent said that Galloway would have to speak with the owner, Mrs. Gina Bridgeford, because "she purchased the plans, they were actually drawn for her." Galloway contacted Mrs. Bridgeford, who gave Galloway her consent for use of the plans "as long as you don't build in our area." As to her authority to give consent, Mrs. Bridgeford testified at trial, "I felt with all we had paid, we owned the plans at that time." Galloway assured Mrs. Bridgeford that he would not build in the area, telling her that he planned to build on Lake Wylie about 30 miles away. With Mrs. Bridgeford's permission, the superintendent at Simonini Builders gave Galloway a copy of the plans for "The Bridgeford Residence." Each page of the plans included the copyright notice, in small print, of the designing architect as follows: (c) 2000 Copyright - Christopher Phelps & Assoc., L.L.C. These plans are protected under the federal copyright laws. The original purchaser of this plan is authorized to construct one and only one home using this plan. Modifications or reuse of this plan is prohibited. Galloway altered the plans only to cover the name and address of "The Bridgeford Residence" with the name and address of "The Galloway Residence," and then he copied them for constructing his house. Phelps & Associates, which designed the Bridgeford Residence, is an architectural firm in Charlotte, North Carolina, that designs upscale custom houses. It created the design for the Bridgeford Residence as a variation of its earlier design - "The Bell and Brown Residence." Bell and Brown had commissioned and paid Phelps & Associates for the earlier design, but ultimately decided not to build the house. Phelps & Associates modified the Bell and Brown design somewhat for the Bridgefords by moving a dormer window, changing the front entry and reconfiguring part of the floor plan, and removing the basement. The Bridgefords paid Phelps & Associates $20,000 for The Bridgeford Residence design, and the Bridgefords built their house on Lake Norman in accordance with that design. Acting as his own general contractor, Galloway began construction of his house in September 2001, using the Phelps & Associates plans for the Bridgeford Residence. During the course of construction, some of the subcontractors checked back with Phelps & Associates for clarification, particularly with respect to the windows. Phelps & Associates did not then know that the construction was being pursued without permission. Galloway's framing contractor, who had been asked to do some work for Galloway's brother-in-law using pirated Phelps & Associates plans, surmised that Galloway did not have permission to use the plans and approached Galloway to warn him that he could "get in trouble constructing a copyright plan." Galloway "shrugged his shoulders and said something to the effect: 'They've got to find me, catch me first.'" Through rumors from subcontractors, Phelps & Associates learned in early 2003 that Galloway was constructing a house using its designs. After confirming that fact, Phelps & Associates sent Galloway a cease and desist letter in July 2003. Upon receipt of the letter, Galloway stopped construction on his house, which was then over half completed. Thereafter, in August 2003, Phelps & Associates registered its plans for The Bridgeford Residence with the Copyright Office and then commenced this action against Galloway for copyright infringement. In its suit, Phelps & Associates sought compensatory damages, disgorgement of Galloway's profits (claimed as the difference between the value of Galloway's house and his provable expenses in constructing it), and injunctive relief. With respect to compensatory damages, Christopher Phelps, the principal of Phelps & Associates, testified at trial that if Galloway had come to him and asked Phelps & Associates to design "a house like the Bridgeford house," Phelps & Associates would have charged Galloway $20,000 - the same fee that it had charged Mrs. Bridgeford. Christopher Phelps made clear, however, that he would not have sold Galloway the actual Bridgeford Residence design, but something different, as Phelps & Associates prided itself on designing "custom homes." With respect to Galloway's profits, Phelps & Associates presented expert testimony that Galloway's house would be worth $1.1 million when completed. With this estimated value, Galloway would have realized over $200,000 in profits if he were to sell the completed house. Galloway testified at trial that he would have made no profit in the house had he sold it - he had spent more on the house than it was worth. He estimated that if he completed the house, he would show a loss of about $160,000. He introduced into evidence his receipts and ledger of expenditures for construction to date totaling approximately $660,000, and he estimated that it would cost an additional $250,000 to $300,000 to complete the house. He estimated that upon completion, the house itself would be worth $758,000. He also introduced into evidence the Mecklenburg County tax assessment of his house when half-completed, which evaluated the house in that state at $408,100. At the end of the trial, the jury returned a verdict in favor of Phelps & Associates, finding that Galloway had infringed Phelps & Associate's architectural design copyright; awarding Phelps & Associates $20,000 in actual damages; and finding that Galloway had no profits to disgorge. Thereafter, Phelps & Associates requested injunctive relief from the court (1) ordering that the infringing copy of the plans be returned or destroyed; (2) enjoining completion of the house; and (3) permanently enjoining the lease or sale of the house. The court "in its discretion" denied all injunctive relief, finding that the $20,000 jury award made Phelps & Associates "whole." Accordingly, the court entered judgment in favor of Phelps & Associates for $20,000 in damages. On appeal, Phelps & Associates contends that it is entitled to a new trial on damages because the district court erroneously instructed the jury that "The Bridgeford Residence" design was a derivative work and made certain erroneous evidentiary rulings. It also argues that the district court's refusal to enter an injunction was error as a matter of law because it had proved a past infringement and a likelihood of future infringement. Phelps & Associates did not obtain an injunction pending appeal, and, according to representations made at oral argument, Galloway has completed the construction of his house, where he now resides. Galloway has also satisfied the $20,000 money judgment. II. To obtain a new jury trial on damages, Phelps & Associates argues that the district court (1) erred in instructing the jury on the scope of its copyright, telling them erroneously that Phelps & Associates' design was a derivative work, not an original work in its entirety; and (2) abused its discretion by making several evidentiary rulings. We address these contentions in turn. A. Phelps & Associates contends first and principally that the jury was improperly instructed that its copyright in the Bridgeford Residence design was a derivative work of the earlier design of the Bell and Brown Residence and that the scope of Phelps & Associates' copyright consisted only of the minimal difference between the two designs. The jury was instructed: [Phelps & Associates'] copyright in the architectural work known as the Bridgeford Residence is a derivative work of the architectural work known as the Bell/Brown Residence. A derivative work is a work that is based upon one or more pre-existing works, including a revision, transformation, or adaptation of a pre-existing work. [Phelps & Associates'] recovery is limited by the scope of copyright protection afforded a derivative work. You are instructed that the copyright protection in a derivative work covers only the additions, changes, or other new material appearing for the first time in the work. It does not extend to any pre-existing material and does not imply a copyright in that material. The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the pre-existing material employed in the work, and does not imply any exclusive right in the pre-existing material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or substance of any copyright protection in the pre-existing material. Phelps & Associates contends that this instruction essentially told the jury that the copyright consisted of the relocation of a dormer window, a few floor plan changes, and the lack of a basement, and that the jury accordingly attributed no profits to the infringement. Galloway argues that the derivative work instruction was accurate - that Phelps & Associates' copyright only extended to the new material embodied in the Bridgeford Residence - and that its registration of the Bridgeford Residence design did not effect a registration of the many elements common to the Bridgeford Residence design and the Bell and Brown Residence design. We agree with Phelps & Associates that the instruction was erroneous. The Bridgeford Residence was not a derivative work as defined in the Copyright Act; Phelps & Associates held a copyright in the entire design. Galloway's position misunderstands a fundamental precept of copyright law, that a copyright is independent of its registration. Both parties properly recognize that the copyright in a derivative work extends only to the new elements contributed by the author and does not extend to the underlying work. See 17 U.S.C. § 103(b). That provision assures that the author of a derivative work does not acquire ownership over constituent material that is already in the public domain or is owned by someone else. But when the author of the derivative work also has a copyright on the underlying work, there is no need to protect the public domain or the author of the underlying work, as the entire work is that of the single author. Galloway's emphasis on the scope of Phelps & Associates' registration of the Bridgeford Residence design places more emphasis on the registration than the Copyright Act provides. The copyright itself does not depend on registration. See 17 U.S.C. § 408(a) ("[R]egistration is not a condition of copyright protection"). It is obtained without formalities simply when a work has been fixed in a tangible medium of expression. See id. §§ 102(a), 408(a). Once fixation of an original work has taken place, the author has a copyright in the work, and registration with the Copyright Office serves only supporting roles. For instance, it provides evidence of a copyright, see id. § 410, and it is required as a condition to bringing suit, see id. § 411. In this case, the undisputed facts are that Phelps & Associates was the author of the Bell and Brown Residence design and therefore owned the copyright in that work, even though it never registered that copyright. Phelps & Associates was also the author of the Bridgeford Residence design, which was a modification of the Bell and Brown Residence design. Phelps & Associates did register the Bridgeford Residence design, but not as a derivative work. It simply registered the entire design, as it was the author of the entire design. While Phelps & Associates only registered the Bridgeford Residence design, that registration satisfied the prerequisite for suit under 17 U.S.C. § 411 for the entire design, even though some of it was created earlier in the form of the Bell and Brown Residence design. See Xoom v. Imageline, Inc., 323 F.3d 279, 283-84 (4th Cir. 2003) (holding that a party has standing to sue on all components of a registered work if he owns a copyright on those components, even if the underlying components have not been registered); 2 Melville B. Nimmer & David Nimmer, Nimmer on Copyright § 7.16[B][2][c], at 7-173 (perm. ed., rev. vol. 2006) (same). Therefore, even if Phelps & Associates had only registered the Bridgeford Residence design as a derivative work, it could have sought damages and profits for infringement of all of the components, including those embodied in the Bell and Brown Residence design, because it held the copyright in all of the components. The scope of registration need not precisely trace the scope of the copyright for the holder to sue. See Educ. Testing Serv. v. Katzman, 793 F.2d 533, 538-39 (3d Cir. 1986) ("[T]he statutory premise that the copyright in a compilation extends to the constituent material contributed by the author is express"); Morris v. Business Concepts, Inc., 259 F.3d 65, 68 (2d Cir. 2001) (same). Accordingly, Phelps & Associates was entitled to sue for remedies based on infringement of the entire Bridgeford Residence design, even though that design included components of an earlier work created by Phelps & Associates; it was the author and therefore owner of the copyright in all of the copyrightable design elements. The instruction given by the district court to the jury was therefore erroneous. Nonetheless, we conclude that the error was harmless. Three different aspects of the trial - the district court's other instructions, the evidence presented at trial, and the jury's verdict - indicate that the jury followed the other instructions given by the district court and understood that they were to award damages based on the entire Galloway house as an infringement of the Bridgeford Residence design. First, when instructing the jury about the relief it was to consider if it found infringement, the court correctly stated that Phelps & Associates would be entitled to both actual damages for infringement and to all profits of the infringer resulting from the copyright infringement. See 17 U.S.C. § 504. In instructing the jury about the actual damages, the court said: Actual damages for infringement are measured according to market value, which means what a willing buyer would have been reasonably required to pay a willing seller for the copyright holder's work. Stated differently, this amount is what [Phelps & Associates] would have received from a willing buyer as a reasonable licensing fee for the use of the Bridgeford Residence architectural works. (Emphasis added). On actual damages, Phelps & Associates introduced evidence that it charged Mrs. Bridgeford $20,000 as its fee for the Bridgeford Residence design. Christopher Phelps testified further that if Galloway had come to him to create a similar design, Phelps & Associates would likewise have charged Galloway a $20,000 fee. There was no other evidence on Phelps & Associates' actual damages as they were defined by the court's instructions. In returning a verdict, the jury awarded Phelps & Associates $20,000, consistent with the evidence about the licensing fee for the entire Bridgeford Residence design. Had the jury paid attention to the court's instruction on derivative works, it would have awarded a licensing fee only for the elements added by the Bridgeford Residence design to the Bell and Brown Residence design, i.e. a relocated dormer and a slightly reconfigured floor plan. There was no evidence, however, of the market value of these design elements, if they had any substantial value at all. And if the jury speculated on this matter, having no evidence of the design value of the two elements, it would have given Phelps & Associates only a portion of the $20,000 fee that represented the full licensing fee charged by Phelps & Associates for the entire house. With respect to the profits for which Phelps & Associates sought disgorgement, the district court instructed the jury: In addition to its actual damages, the law allows a copyright holder to recover all profits of the infringer resulting from copyright infringement. An infringer's profits consist of the amount of the infringer's gross revenues from the infringing activity less the expenses of producing the infringing work. Relating this general instruction about profits to the circumstances of this case, the district court referred the jury to the costs of the entire house less the expenses incurred in constructing the entire house. The court stated: Galloway bears the burden of proving the expenses he incurred in constructing the house at issue. If he fails to prove his direct expenses, you must find the amount of his gross revenues as the amount of his profits. For an item to be a deductible expense, Galloway must prove that he actually incurred such amounts in the construction of the house in question, and that such expense actually assisted in the construction of the house in question. (Emphasis added). Again, no evidence was introduced to the jury from which to conclude what the profits were for the minor design changes between the two works - the addition of the dormer and the changed configuration of the layout. All of the evidence focused on the market value of the entire house and the expenses that Galloway incurred in constructing it. In response to the court's instructions and the evidence, the jury found that Galloway realized $0 in profits. If the jury had believed that Galloway actually had profits from the two changed elements, it would have allocated some amount to those elements. Whether that was $2,000 or a nickel, some amount of infringer profits would be associated with the relevant design changes. Because $0 was given in profits, the jury apparently credited Galloway's position that there were no profits in the house. This conclusion was amply supported by the evidence presented, which included Galloway's own valuation, the county tax assessment, and the loss taken by the Bridgefords when they sold their identical house. If the jury had given effect to the court's instruction relating to derivative works, it would have applied that instruction to both its award of actual damages and its finding with respect to infringer profits. Yet such an application is belied by the verdict itself. Not only does the jury's verdict of $0 in profits reveal that it considered profits from the entire house design despite the derivative work instruction, finding that none were proved, the district court's other instructions overrode any prejudicial effect that might have resulted from the erroneous instruction. The court gave instructions telling the jury how to apportion damages between conduct that was infringing and conduct that was not. The instructions imposed the burden on Galloway to prove any profits attributable to non-infringing conduct. On a failure of that proof, the jury was instructed to award all profits realized from the house. As the court stated: Moreover, if non-infringing factors are so intertwined with infringing factors that it is impossible to apportion profits, then no apportionment is allowed. All profits should be deemed attributable to the infringement unless Galloway proves by a preponderance of the evidence that they are not. If you have any doubts as to the amount of the profits or whether they resulted solely due to other factors, you must resolve those doubts in favor of [Phelps & Associates]. Galloway did not present any evidence of apportionment at trial to give effect to this apportionment instruction or the derivative work instruction. Consequently, the jury was instructed to award damages as if the entire house was an infringement of Phelps & Associates' copyright. It could have awarded $0 in profits only if it concluded there were no profits at all. While the jury did award Phelps & Associates the full amount of actual damages that it claimed and proved, the jury concluded that Galloway had realized no profits. If the jury had found any profits and if Galloway had carried his burden on apportionment, the jury still would have given some amount of the profits to Phelps & Associates in accordance with both the apportionment instruction and the derivative work instruction. Its failure to do so satisfies us that the jury did not believe there were any profits.

2008年2月14日星期四

What is the MBA

MBA (Master of Business Administration) is a businessman designed specifically for postgraduate degrees, it is designed to make you ready to meet the increasingly fierce business in the early 20th century MBA from the American University was founded in the last several decades, It has become a world-wide one and enjoys high prestige qualifications. Now there are over 1,250 MBA schools, but also in content and form are considerable differences. Initially, MBA is a direct two-year full-time post-graduate courses, this is still a full-time MBA class courses in Europe and other places in the universities and business schools is largely imitate the American model, especially in Europe, it quickly so that adapt to the needs of its MBA, MBA as a short, part-time (part-time), and even long-distance learning. New MBA courses were developed to meet local business needs. This makes MBA students on the diversity of the great confusion that many business schools in providing more international courses. In your right to choose. If you inconvenient, full-time MBA students is not necessary. This is a very significant change. Full-time MBA courses is the main part, but in fact more than half of the MBA students study part-time MBA. MBA part-time and distance learning MBA market has now become a part of the fastest-growing, and several decades of change is a significant increase in female MBA students, one-third of the students are female, and in the annual growth rate. Many full-time MBA courses to strengthen into 2001 rather than the original 2002, in the process they will be able to each individual's ability to stay away from work. Most of the part-time MBA lasting 2-5 years. How it - a variety of form and content, it should be a form for each to find the one best suited to you. Majority of part-time MBA at night school or weekend study, or even a short-term stay at classes. Another notable change is the cost considerations, from a few thousand dollars to tens of thousands of dollars, the only part-time MBA spent very little money, and the need to renew a longer time, the full-time MBA is exactly the opposite, it means faster access a high-income job. most renowned business schools than the schools are more unknown good teachers and better facilities, of course, spend more money. As in most things in life: the more you pay, the more get paid the least, get the less you should carefully consider what you want. MBA is a major investment, a lot of facts to prove: It can lead to higher salaries, more likely to be appropriated. MBA graduate than other professional work more accessible to graduate students also often higher status and salaries begin their career career, most business schools are very good services to help find jobs and alumni contacts in the graduation, these can help you get a good career. Many will tell you the MBA learning MBA in your business career will be very valuable.

MBA's called the Master of Business Administration

MBA MBA's called the Master of Business Administration, Master of Business Administration, from Europe and the United States is a specialized vocational training senior manager of the professional master's degree. MBA is a master's degree as a professional, and the general postgraduates to be different. The first is the objective of fostering different: MBA is to train competent business and economic management departments senior management of the pragmatic needs of that compound and applied high-level management personnel, and other training postgraduates is a solid theoretical foundation and strong scientific research and teaching capabilities of high-level scientific research and teaching personnel, followed by the training and different, MBA enrolment targets for the general college graduates, with more than three years of practical experience cadres of the state organs and institutions and business management staff and technical personnel, and other postgraduates can recruit college graduates can be recruited serving staff; third is to develop different ways, MBA education is essentially a kind of vocational training, with special emphasis on the availability of modern management theory and methods on the basis of Through business case analysis, combat observation, analysis and decision-making skills training, practical training the students skills that will enable students to receive knowledge and skills, personality and psychology, goals and aspirations, such as the challenges of a more competitive strength vocational, and other graduate students will focus on the study of theory and research. Although the MBA and other graduate students exist distinction in the fields mentioned above, but in their admission and teaching in the school management is essentially the same: all must participate in a national unified entrance examination, according to the intake line designated national unity taking in a school at a formal postgraduate teaching management standards; done through graduate thesis papers and obtained a degree after reply. MBA education is the most important feature is practical, not重在impart knowledge, but in practical decision-making and management skills training. Therefore, the curriculum for all countries and all different universities. And the contents of the regular constantly updated so that they could more precisely, as well as students with the needs of today's enterprises, in addition to education to help students develop a comprehensive knowledge structure, but also through business case analysis, combat observation, analysis and decision-making skills training and train the students operation skills. Many students believe that MBA bring them the biggest achievement is to give them an enlightening new things, the ability to think and to broaden our horizons, to make them work before the problems in a new view and understanding of the MBA classroom so that they accepted the knowledge and skills, personality and psychological, reality and aspirations, such as the challenges at the same time so that they become more capable, and the cause of the future jobs with a higher goal. Since the birth of MBA education since the date has been more than 80 years of history. In this nearly a century of change, the MBA education gradually to mature from the experience of education, and a relatively good discipline and education system, in its rise, development, and mature history, the world has always been MBA education, business and public and the media are very concerned about a hot topic. It is the theoretical basis economics, it is different in the knowledge structure of the organic composition of the field disciplines, which cover the object of study in the operation of the enterprise financial management, financing, investment, marketing and effective distribution of resources, and other various aspects, fully reflected the market operation of the typical characteristics of the economy. L, the development of MBA General that the United States School of Management is the first in the United States in 1881 established the University of Pennsylvania, The Wharton School of finance and Economics, and Master of Business Administration Training Programme (MBAProgram) to later, was born in Harvard. Management education just bearing the main emphasis at the start of the mold and character, rather than actual expertise. 1:00 did not receive the enthusiastic response from the industrial and business circles. By the late 19th century and early 20th century, management education in the business sector with the introduction of the initial development. After the end of World War II, management education is booming, and this is mainly the result of two world wars and the American Enterprise ownership the right to operate the clear separation of enterprise management produced the rapid expansion of demand. Changes in the economy at the end of the war for peace in the economic, people's consumption ability to release large numbers, the market booming, a large number of enterprises to expand opportunity. Many retired veterans under the Education Act for university studies, many of them also chose the School of Business MBA study, Harvard brilliant 1947 session is the "outstanding generation" of the leader. Demand surge ultimately exposed the United States Institute of Management in the goals, means and the academic level of many weaknesses, and in 1958 the United States Foundation and the Ford Foundation respective comprehensive report spontaneously clear the nature of the practice of management education, advocate strengthen the ability of quantitative analysis, and basically formed a fairly wide impact on the later of the structure of the curriculum. This after the 1960s and 1970s, the United States will be the focus of education on the MBA, the United States granted the annual number of MBA degree to a master's degree awarded more than 20% of the total, re-entering an unprecedented period of vigorous development. In the 1980's to 1984, "Harvard Business Review" and "School of Management of management education is not satisfactory, the international competitiveness of the United States should bear some responsibility decline," comments as the representative of the United States criticized the state of MBA education, arising from management Dean of the Faculty of profound reflection. But that does not move toward a unified model, but rather to explore their own, resulting in the 1980's innovative management education, including: International; curriculum integration, and strengthening the leadership skills, team awareness and management skills training to enrich students of scientific and technological knowledge; of enterprises and entrepreneurs ethics seriously; Network University and the practice of distance learning (Virtual Bschool), and so on. A survey shows that MBA (Master of Business Administration) in 1999, China is the most frequent one of the 10 words. At present, Peking University Guanghua School of Management at the China MBA Development Forum, a famous economist, vice president of Guanghua School of Management Zhangweiying that: In the new economy, MBA education is facing new challenges, international, Internet-based, increasingly become the mainstream of MBA education. One pair of 98 MBA graduates survey, 95 percent of MBA graduates that their learning on the development of the cause of greater help, and 90 percent of MBA students through a comprehensive study and to enhance capacity. The MBA education, the present, the key is how to adapt to new economic challenges. The new economy were the main characteristics are: economic globalization: the development of information: the enterprise's economic pillars of the emerging role. In the new economic conditions, the network will be more attention to education and international education. The impact of economic globalization, knowledge management control of the international MBA graduates will be popular. As a qualified MBA in the situation of economic globalization, we must grasp of the latest international economic development trends, with the ability to engage in international business. Beijing University and Tsinghua University have begun to recruit international MBA, and colleges and universities that now attaches importance to the international MBA education projects. With the development of the Internet, that kind of face-to-face teaching methods will change, the online education through the Internet will be the development of common challenges, many of the world's business school has opened adapt to the economic globalization, the new information technology courses, such as technology management, business management, such as the management of electronic. China also opened a number of school-related courses. MBA education network is based on the information society, the place of residence for the development, possession, control, use, will become the core of enterprise management, information will also become a pillar industry. Is the development of the Internet in particular, the operation of the business management methods have a significant impact. Enterprise structure will be flexible, their staff's personal values will be more and more attention. Information will be on the mission of MBA education, contents, methods have an effect, resulting in the reorganization of MBA professional. If you inconvenient, full-time MBA students is not necessary. This is a very significant change. Full-time MBA courses is the main part, but in fact more than half of the MBA students study part-time MBA. MBA part-time and distance learning MBA market has now become a part of the fastest-growing, and several decades of change is a significant increase in female MBA students, one-third of the students are female, and in the annual growth rate. Many full-time MBA courses to strengthen into 2001 rather than the original 2002, in the process they will be able to each individual's ability to stay away from work. Most of the part-time MBA lasting 2-5 years. How it - a variety of form and content, it should be a form for each to find the one best suited to you. Majority of part-time MBA at night school or weekend study, or even a short-term stay at classes. Another notable change is the cost considerations, from a few thousand dollars to tens of thousands of dollars, the only part-time MBA spent very little money, and the need to renew a longer time, the full-time MBA is exactly the opposite, it means faster access a high-income job. most renowned business schools than the schools are more unknown good teachers and better facilities, of course, spend more money. As in most things in life: the more you pay, the more get paid the least, get the less you should carefully consider what you want. MBA is a major investment, a lot of facts to prove: It can lead to higher salaries, more likely to be appropriated. MBA graduate than other professional work more accessible to graduate students also often higher status and salaries begin their career career, most business schools are very good services to help find jobs and alumni contacts in the graduation, these can help you get a good career. Many will tell you the MBA learning MBA in your business career will be very valuable. The MBA (Master Of Business Administration) stands for Chinese MBA said. MBA is a product of the market economy, is to train high-quality, professional leadership position in business management talent, allowing them to the production, finance, marketing, economic laws and regulations, such as multidisciplinary international business knowledge and management skills, strategic planning the vision and keen insight. MBA degree is a focus on complex, integrated personnel training places emphasis on capacity-building is imparting knowledge degree. It is the face of the actual combat "management" rather than research-oriented "management." It requires its graduates have contingency capacity, predictability, comprehensive ability, organizational capacity, and in the changing world market and the international competition in the development, and constantly winning. Their courses covering management category, economics, finance, financial, legal, etc., the ability not only emphasize training organization, leadership, but also involves the gathering based on the ability to communicate, grasp the overall situation, keen, and the judge handling the problem capacity, and so on. MBA is the first widely accepted international degree. MBA is a graduate degree, the MBA is the most essential quality, knowledge and academic standards. MBA study into the general must have a first degree requirements, the individual only has rich professional experience who can be exceptions. MBA is a post-graduate work experience, as it was already three years professional experience after a business accelerator or conversion means. MBA program covers all the major modern management functions, such as accounting, finance, marketing and sales, operations (production) management, information systems management, legal, human resources management. It also provides the basic economic and quantitative analysis, the curriculum is highly integrated, and Trade and Industry policy and strategy. In addition, the courses also require students to obtain the theory with practical knowledge and skills, such as decision-making ability, teamwork, leadership skills, entrepreneurial potential, negotiation skills, communication and reporting techniques. In the learning process, students should be elective preferences, and choose a major direction. MBA study period is the minimum time of one year or work study, the corresponding amount of time. MBA requested at least 400 hours of classroom learning, the course requirements at least 1,200 hours of personal assignment. MBA project calls for the thirst for knowledge and individuals devoted to the input and efforts. MBA courses students must enter through a strong selection process to ensure that only those qualified candidates to obtain an MBA. All participants must undergo strict examination and marking score work to ensure that the learning objectives to meet the standard MBA degree. Not all business schools can meet these standards, if they can not meet the standards, we can not say that is truly an MBA. MBA and Master of Business Management distinction First of all, the conditions are not registered for the same. Master of Business Management with unity of the country as long as the provisions can sit, that is, Who can sit with the serving staff. MBA must be registered for college after graduation three years or more than three years of work experience; graduates after five years or more than five years work experience; have a master's degree or doctorate degree and 2 years or more than 2 years work experience (referring to the school graduation). Secondly, the examination subjects not the same. MBA entrance exam to participate in the national pilot 62 institutions entrance exams, the exams is political subjects, mathematics, English, management, language and logic. Third, the difficulty of different questions. Generally speaking, Master participate in the management of enterprises registered for the unified national entrance exams in English, mathematics is higher than that of the difficulty of MBA, but because in recent years the number of domestic MBA sit up straight, corresponding increasingly fierce competition. Fourth, the culture in different ways. Master's degree in general business management training for the state, more than 200 yuan per month subsidy, but also by cultivating culture and self-financing students, MBA to be self-financing or unit Weipei. Fifth, the objective of fostering different. MBA is the target of cultivating outstanding entrepreneurs and practical work, such as the School of Economics and Management of Qinghua University MBA graduates should be able to competent business and economic management departments, the senior positions, it is able to adapt to the fierce competition in the future society of talents. Beijing University's Guanghua School of Management MBA projects for multinational corporations, large state-owned enterprises, and large private enterprises and major financial institutions. Guanghua School of Management is committed to helping management teams localization of multinational corporations, international management of national enterprises, private enterprises management modernization. So MBA courses focus on practicality. Master of Business Management is to develop the actual management personnel, management trainees at the same time focusing on the scientific theory of education, the development of disciplines for the fostering of successors. Under normal circumstances, business management theory and who have the master's degree graduates, MBA students because of their former school there is a considerable practical experience, while also focusing on the process of learning and practice, the combination of enterprises to adapt quickly to the actual work. If you think this term remains to be perfect, to add new content or modify wrong, please edit term Open Category: Education, curriculum, industry and commerce, MA References: 1.http: / / www.zzyjs.com/active/zixun2.asp Contributors: Fat men, a distant 2007, fjd0105, robin1123, frozen Sirius, fukinghuo, xunly, cnasdf1234, health age, nanlin5512 The term in the following terms of reference were: The Technical University of Munich, TUM, Munich University of Technology, Shanghai University of Finance and Economics, Northeastern University, China People's University, Northeast University of Finance and Economics, Liaoning University, killing games, nine personality workshops, George Walker Bush, Nanchang University, Lausanne, Switzerland International Institute for Management Development, Hubei University, Chen Mei-kei, and Jinan University, Nanjing Polytechnic University, Xerox Corporation, marketing, MPA, Shi, EMBA, Stanford University, the suitor firms, Forbes, Nanjing University Graduate School , risk management, Zhang, Genggeng, Ailunmoshi more>> "MBA" in English-Chinese dictionary interpretation (Source: Baidu 1.1): MBA Abbr. 1. = Master of Business Administration Master of Business Management 2. = Marine Biological Association of marine biological Association