Anglo thought and Anti-Mexican sentiment Essays

Anglo thought and Anti-Mexican sentiment Essays Anglo thought and Anti-Mexican sentiment Paper Anglo thought and Anti-Mexican sentiment Paper As he explains that to the Native Americans, the Spaniards came like most c[r]uel Tygres, Wolves and Lions, enragd with a sharp and tedious hunger, (75). This paints a picture of an ignorant and bestial Spain that colonized the Americas without second thought to those who had come before. Certainly, we are taught this image of the colonizing Spain, even today; we are told that the Native Americans were quiet lambs, endued with such blessed qualities, before the Spanish arrived and destroyed this peace. So, we know how the stereotypes began, and how they spread across continents. Beginning with printed propaganda, and spread, perhaps to a great extent, through the self-criticisms of the Spanish. This seems to be the best theory towards the genesis of the pervasive negativity of Anglo-Americans toward Mexican and Hispanic thought and culture. More importantly, however, Powells hypothesis to the cause of this hatred acts as a warning for Western countries now facing the same situation. It seems apparent that the privilege of the Americas currently is relative to that of Spain in the sixteenth century. With such power, comes great responsibility. Hopefully in understanding the errors of the past, future generations can avoid repeating them. While this theory seems to cover the origins of Anti-Mexican sentiment, it doesnt go far to explain why these stereotypes have prevailed over centuries and across borders. This may be an even more difficult question to answer. Certainly society has learned by now, the consequences of the denigration and subjugation of one culture to another, and yet it practices freely the forming and perpetuation of the stereotypes that lead to little else but such denigration and subjugation. Completely without consequence, it seems Anglo-American society has placed labels of negative connotation upon members of its Mexican counterpart. Unflattering terms such as lazy, ignorant, superstitious, cheating, thieving and cowardly have consistently been used to describe individual Hispanics as well as the culture as a whole. The most logical explanation would be provided, in part by Powell, who relates the conflict between Anglo and Mexican Americans to the differences in their work ethic and socio-religious background. The Hispanic ethic is mostly a socialist one; that the ethic inherent in Catholic faith is best represented by that of communism and socialism. In Western society, communism is not only looked down upon, but essentially feared for its implications and threats to a comfortable Catholic lifestyle. These thoughts, wrapped sometimes in the panicky feeling that Communists are ten feet tall in Latin America, lead to the brutal stereotypes and bigotry that have seemingly become all-too common in the Western world (Powell, 4). In contrast, we understand that the Protestant ethic is one backed much more easily by the tenets of capitalism. This is not to say that Protestants are all Capitalists, and thus, by their very nature, coldhearted or cruel. Rather it is to explain that Protestantism was borne of a desire to escape the collective social order of the past, as much as it was a quest for religious freedom. The two, it was soon realized, are essentially inseparable because a communist society cannot permit religious freedom while at the same time, disallowing other such freedoms. Weber directly attributes this social stratification to religious doctrine. He points out that On superficial analysis one might be tempted to express the [socio-religious] difference by saying that the other-worldliness of Catholicism must have brought up its adherents to a greater indifference to the good things of this world, (40). By this superficial account, we can certainly see why the cultures might act the way they do. Such an explanation would fit the judicial whims of the party on either side of the argument. For Protestants, it can be used as a criticism of the ascetic ideals of Catholicism; for Catholics, it adds fuel to the argument that materialism results through the secularization of all ideals through Protestantism, (40). In this conflict, real or imagined, we can easily see how the stereotypes are perpetuated on each side of the divide. Weber goes on to explain how the occupations of adherents to each of these religious affiliations seem to differ, and how the economic development of the culture is reflected therein. In the past [the Catholics] have, unlike the Protestants, undergone no particularly prominent economic development in the times when they were persecuted On the other hand, it is a fact that the Protestants have shown a special tendency to develop economic rationalism which cannot be observed to the same extent among Catholics, (39-40). This is certainly not to say that the stereotypes placed upon the Catholic Mexican-Americans by their Anglo counterparts are in any way founded. This argument explains a difference between the two routes of socio-religious thought, rather than attempting to create a hierarchy between the two. That is, one ideology is not considered any better or worse than the other. Rather, in this manner we can account for egalitarian differences between the two. Gibson, Charles, ed. The Black Legend. New York: Alfred A Knopf, 1971. Gutierrez, Ramon A. When Jesus Came, The Corn Mothers Went Away. Stanford: Stanford University Press, 1991. Jackson, Donald, ed. The Journals of Zebulon Montgomery Pike, vols. 1-2. Norman: University of Oklahoma Press, 1966. Meyer, Doris L. Early Mexican-American Responses to Negative Stereotyping. New Mexico Historical Review, 53, (1978): 75-91. Paredes, Raymund A. The Mexican Image in the American Travel Literature, 1831-1869. New Mexico Historical Review, 52 (1977): 5-29. . The Origin of Anti-Mexican Sentiment in the United States. The New Scholar, 6 (1977): 139-65. Powell, Phillip Wayne. Tree of Hate. 1971. Vallecito, CA: Ross House Books, 1985. Simpson, Lesley Byrd, ed. The Letters of Jose Senan, O. F. M. Trans. by Paul D Nathan. Ventura County Historical Society, 1962. Weber, Max. The Protestant Ethic and the Spirit of Capitalism. New York, NY: Charles Scribners Sons, 1958.

Running Free, But Still Fenced essays

Running Free, But Still Fenced essays A look at the evolution of Chinese womens Tradition When a person sees a horse running in a field their first thought is, it would be nice to be that free. A horse in a field gives the impression of having no problems no boundaries. This is a sad misjudgment. If people would just look at the fence surrounding the field, they would see that the horse is only given the appearance of being free. This statement seems to summarize the plight of Ning Lao Tai-tai, in Ida Pruitts book A Daughter of Han. Pruitt shows the evolution of Ning from a common, traditional, Chinese woman into what some would see as a very independent one in Chinese standards. Through chronicling the many stories told by Ning, Pruitt is able to show the life of a woman that has lived to see early and late imperialism come and go. The purpose of this essay is to show that Nings progression of independence was no more Ning was born in the city of Penglai to a family of three children. At the beginning of her life Ning clearly did not have a good out look on her future. The destiny determined for me by Heaven was not a good one (Ida Pruitt, 12).1 Her father was an educated man, but did not posses the skill necessary to be a successful businessperson. Ning clearly gained her first knowledge of womens place in society from her father. She explained this is a peculiar way; They did not begin to bind my feet until I was seven because I loved so much to run and play (Ida Pruitt, 22).2 This is the first example given by Pruitt that shows the pain and suffering a Chinese women had 1 Ida Pruitt. A Daughter of Han, (Stanford University Press, Stanford, California, 1967), Foot binding is a horrible process in which the feet were wrapped with bandages. These bandages were wrapped so tight that it actually broke bones in the feet. In China beaut...

BORDER SECURITY ISSUES RESEARCH PROJECT # 2 Essay

BORDER SECURITY ISSUES RESEARCH PROJECT # 2 - Essay Example The CPJ report shows that Iraq has held this position since 2008, when there was another survey (Witchel, 2014). In 2012, when there was a U.S invasion, journalists were not killed because of their relation to their work. However, because of increasing terrorists groups in the country, there were 10 journalists killings of which nine were unresolved murders. In total, the report shows that there 166 journalist murder cases since year 1992, with 103 of these cases murdered with impunity. The second country ranked as the worst is Somalia, where there were four new murders last year. According to the report, there are elusive armed insurgent gangs who terrorize the media to the point that the law agencies do not follow-up the cases (Witchel, 2014). There were 53 journalists’ deaths since 1992. Out of these deaths, 35 journalists were murdered with impunity. In Philippines, there are 51 murders of journalists that are still unresolved. The country has remained number 3 after Iraq and Somalia since year 2010 (Witchel, 2014). According to the CPJ report, there are 53 journalists killed since 1992 and 35 of these journalists were murdered with impunity. In Sri Lanka, there was no progress made in the unresolved cases of journalist murders. However, CPJ notes that it did not record any of the murders from year 2009 to 2013. CPJ notes that out of 19 journalists killed since 1992m 10 of these journalists are murdered with impunity and go unreported in Sri Lanka. Colombia falls in the fifth category with 45 cases of journalists killed since 1992. 36 of the 45 cases were murdered with impunity. Nonetheless, it records so many cases of death threats of journalists in different states of Columbia. In Afghanistan, journalists who are also from other states are usually jailed for many years such as the Pakistani reporter who was sentenced to 4 years in prison in July, this year. In total, Afghanistan records 26 cases of journalists murdered since 1992, with

Critical approach in project risk management Essay

Critical approach in project risk management - Essay Example As Wrona (2010, p. 1) states, â€Å"companies that do perform a risk management process on a fairly typical multi-month project (no longer than 12 months) will identify and manage possibly five to ten easily recognized project risks†. This statement shows that doing comprehensive risk analysis regularly at each stage of the project can reduce the occurrence of risks and make companies able to respond properly to any type of project risk. Risk analysis is necessary to conduct to ensure completion of construction projects within time and available budget. As Flanagan and Norman (1993, p. 45) state, â€Å"attention to risk is essential to ensure good performance†. It is the responsibility of the risk management departments to perform risk management activities regularly in order to save time and budget. The risk management staff needs to be able to identify all types of project risks that a company may face in order to take effective measures to eliminate the occurrence of risks. 'In this paper, we will examine the way risk management approach changes with changes in each stage of construction projects. Along with this, the paper will also cover the way risk analysis can be used to drive project management decisions. There will also be a discussion on different types of construction project risks, as well as the ways to reduce the occurrence of such risks. Moreover, the phases of risk management process will also be discussed in the paper. 2. Risk Management in Construction Companies As Akintoye and MacLeod (1997, p. 31) state, â€Å"risk management is essential to construction activities in minimizing losses and enhancing profitability†. This statement shows that risk analysis and management not only helps companies minimize the probability of potential risks but also ensures consistent performance and improved level of profits due to customer satisfaction. If we talk about risks related to construction industry, we can say that this industry is prone to a number of critical risks, which need to be handled carefully in order to keep the companies away from the damaging effects of risks. In this regard, proper risk analysis at each stage of the project is essential. Risk management is essential for construction projects (Schieg 2006, p. 77; Zu, Liu, & Lu 2012). As Sharp (2009) states, proper identification and assessment of potential risks is critical for a company to succeed in today’s competitive market. It is due to this reason that the managers of construction firms put their efforts on identifying and evaluating the possibility of risks that their companies may face at some point during project management related to operational, financial and, contractual activities. As Lyons and Skitmore (2004, p. 51) state, â€Å"risk identification and risk assessment are the most often used risk management elements ahead of risk response and risk documentation†. A properly planned strategy is required for construct ion firms to analyze the risks associated with project management, as well as to achieving the balance between their operational necessities and identified risks. As Edwards (1995, p. 4) states, â€Å"risk analysis is the identification and assessment of the likelihood of hazards†. Some companies try to eradicate the threat of potential risk

Intellectual Property Essay Example for Free

Intellectual Property Essay Overview of Paper Whether we believe it is right or not, many of us have become accustomed to the fact that a large number people download copyrighted material regularly using Peer-to-Peer file-sharing software. As a result, the entertainment industry is losing billions of dollars in revenue, and is suffering from the infringements of many copyrights. Who should be held responsible for this? Is it the fault of the people who misuse the software or the fault of the software distributors for allowing this to occur? With the recent case of MGM Studios, Inc. v. Grokster, Ltd., these issues came to an even bigger showdown than the predecessor case of AM Records Inc. V. Napster in which the violations that its users were directly infringing the plaintiffs copyrights, that Napster was liable for contributory infringement of the plaintiffs copyrights and that Napster was liable for vicarious infringement of the plaintiffs copyrights, particularly after it was discovered that multi-platinum artists were finding their songs leaked to the internet long before an album had ever been released. (Vaver) Thusly, the basis of this paper will be to examine the relationship of Peer-to-Peer (P2P) file sharing services and how they violate copyrights, patents and generally, intellectual property. Further, I will discuss the impact on software developers, artists and the individual user who participates in utilizing P2P software on their individual and public access computer systems. The primary case that will be featured in this discussion is Metro Gold wyn Mayer (MGM) versus Grokster which took place in 2005. †¢History of participants (MGM) Theater magnate Marcus Lowe, who orchestrated the merger of Metro Pictures Corp., Goldwyn Pictures and Louis B. Mayer Productions, formed MGM in April 1924. With visionary Louis B. Mayer and Irving Thalberg at the helm, Metro-Goldwyn-Mayer was a powerhouse of prolific artistry and filmmaking expertise that the studio famously said attracted more stars than are in the heavens. During a golden three decades from 1924 to 1954, the Culver City-based studio dominated the movie business, creating a Best Picture nominee every year for two straight decades. One of the more memorable years at the Academy Awards ® was in 1939 when MGMs Gone With the Wind and MGMs The Wizard of Oz were both nominated for Best Picture. Gone With the Wind took home Best Picture that year, along with 8 other Oscars. The Wizard of Oz secured two Oscars. United Artists was established on July 15, 1919 by Charlie Chaplin, Mary Pickford, Douglas Fairbanks and D.W. Griffith and was best known as the company built by the stars. The budding company quickly left an indelible mark on Hollywood, revolutionizing the motion-picture business by promising creative freedom to actors and filmmakers, while offering the filmmakers a share of the films profits. UAs Midnight Cowboy, released in 1969 starring Dustin Hoffman and Jon Voight, was the first X-Rated film to be nominated and win an Academy Award ®. It won 3 Oscars ®, including Best Picture. It was changed to an R-rating in 1971. United Artists later joined the MGM family in 1981, and thrived as member of the lions pride.†¨Ã¢â‚¬ ¨MGM boasts a total of 205 Academy Awards ® in its vast library. Among those are 15 Best Pictures. These films include; Rebecca (1940), Best Years of Our Lives (1946), Hamlet (1948), Marty (1955), The Apartment (1960), West Side Story (1961), Tom Jones (1963), In the Heat of the Night (1967), Midnight Cowboy (1969), Rocky (1976), Annie Hall (1977), Platoon (1986), Rain Man (1988), Dances With Wolves (1990), The Silence of the Lambs (1991). Today MGM boasts an impressive library comprised of titles from the United Artists, Orion Pictures, and Goldwyn Entertainment and PolyGram Filmed Entertainment libraries. With approximately 4,100 films and over 10,400 hours of television programming, the library also includes the Rocky and Pink Panther franchises and the celebrated James Bond franchise, the longest running and most profitable series in film history. (MGM) MGM and other entertainment companies (24 in total): A collection of song-writers, music publishers and motion picture studios who â€Å"own or control the vast majority of copyrighted motion pictures and sound recordings in the United States.† Damages were sought as well as an injunction against Grokster for copyright infringement. MGM accused Grokster of distributing software which enabled users to breach copyright restrictions. They insisted that around 90% of data transferred using P2P software was copyrighted, costing them millions of dollars in lost revenues. They also argued that this type of copyright infringement would not occur if Grokster and similar software distributors did not make it possible. †¢History of participants (Grokster) Grokster Ltd. was a privately owned software company based in Nevis, West Indies that created the Grokster Peer-to-Peer file-sharing client in 2001. Grokster Ltd. was rendered extinct in late 2005 by the United States Supreme Courts decision in MGM Studios, Inc. v. Grokster, Ltd. (Duke) Grokster became popular after the collapse of Napster due partly because of its decentralized architecture. Grokster’s client application licensed the FastTrack network technology. Grokster was in a new client software application that was used to connect to the FastTrack and Gnutella’s decentralized P2P networks to enable its users to share files. This network was quite different from Napster in two primary ways: 1) users could search for any file type (they were not restricted to MP3s like in Napster) 2) the network was decentralized. The decentralized architecture prevented any single broken link, such as Napster’s index servers, from bringing down the network. Grokster removed the need for centralized index servers through its use of super nodes. Whenever a powerful computer with a high-speed connection running Grokster connected to the FastTrack network, it automatically became a super node and acted as a temporary indexing server for other clients on the network. It was believed that the decentralized nature of the network would insulate it from legal threats, however, this can also intimate a certain level of culpability in the act of sharing the files. (Giblin) So what is Intellectual Property? According to WIPO (World Intellectual Property Organization), intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories: Industrial property, which includes inventions (or as we commonly know them: patents), trademarks, industrial designs, geographic indications of source (definition of geographic indications: a name or sign used on certain products which corresponds to a specific geographical location or origin {e.g. a town, region, or country}. The use of a geographic indication may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin†¦ example: Vidalia Onions or Florida Oranges†¦) and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works like drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. The innovations and creative expressions of indigenous and local communities are also Intellectual property, but because they are â€Å"traditional† they may not be fully protected by existing Intellectual property systems. Thusly, when industrial works and/or literary and artistic works are shared without proper compensation, any business, contract holder, artist or individual related to the copyright or patent has the right to seek damages in what is owed to them in relationship to the work in question. MGM V. Grokster – Facts and Decision MGM and several music and motion picture studios brought this suit against Grokster alleging vicarious and contributory copyright infringement for distributing peer-to-peer file-sharing software. According to MGM, over 90% of the material exchanged using Grokster’s file-sharing software is copyrighted material and therefore, copyright infringement occurs every time users exchange the information. MGM contends that Grokster contributes to this infringement by making the file-sharing software available to the public. The district court disagreed with MGM, granting partial summary judgment in favor of Grokster as to the liability that occurred from its present distribution activities. MGM appealed the decision to the Ninth Circuit Court of Appeals. The Ninth Circuit held that Grokster was not liable for contributory infringement because it lacked sufficient knowledge of the infringement and it did not materially contribute to the copyright infringement. According to the court, th e peer-to-peer file-sharing software distributed by Grokster was capable of substantial non-infringing uses. Based on this finding, the court held that Grokster could not be found liable for mere constructive knowledge, but must have had reasonable knowledge of specific infringement at the time it contributed to the infringement. Such knowledge was impossible in this case due to the structure of the network created by the Grokster software. Unlike previous file-sharing networks, Grokster did not maintain a searchable index on a centralized server. Instead, indexes were maintained on the computers of individual users, which prevented Grokster from learning of any infringement until after it had occurred. The network design also prevented Grokster from materially contributing to any copyright infringement because Grokster did not provide the site or facilities for infringement. (Duke) The Ninth Circuit also held that Grokster was not liable for vicarious copyright infringement. According to the court, Grokster lacked the right and ability to supervise the direct infringers. The peer-to-peer file-sharing software did not allow Grokster to block access to infringing users and did not provide Grokster with any opportunity to filter content. While MGM argued that Grokster could alter the file-sharing software to control user access, the court noted this was not a viable option because the software resided on the computers of the users and not on a centralized server. The court ruled against Groksters peer-to-peer file sharing program for computers running the Microsoft Windows operating system, effectively forcing the company to cease operations. The product was too similar in look and feel to Kazaa, which is marketed by Sharman Networks and Morpheus, which was distributed by StreamCast. Grokster along with Morpheus and Kazaa are considered second-generation peer-to-peer file sharing programs because unlike their predecessor Napster these file sharing programs allowed users to trade files directly between one another without these transactions passing through a centralized server. Because Napster maintained this fraction of control over the transaction of files through its server it was ruled illegal because it should have exercised its power over the server to stop the sharing of copyright infringing files. Grokster and this second generation of peer-to-peer file sharing programs sought to avoid this legal obstacle. (Duke) Issues at Stake In a peer-to-peer network each computer is both a server and client. Members need to download only the relevant software file sharing software, free of charge, and they may participate in the network to exchange files, which are more often than not, copyrighted. The owners of copyrights, in this case MGM believed that the software distributors are liable for copyright infringement of the software users: By providing P2P file-sharing software, MGM believe Grokster should be liable for the actions of the individuals who misuse it. A major debate rages over the issue that copyrights, no matter how numerous, do not give the holders a veto over certain advancements in technology. The copyright owners (MGM) relied on the two recognized theories of secondary copyright liability: contributory copyright infringement and explicit copyright infringement. In order for Grokster to be held liable for contributory copyright infringement, it had to be proven that direct infringement of copyrights took place by a primary person, party or group and that Grokster had full knowledge of the infringements. It also had to be determined that they also provided a material contribution to this infringement. For Grokster to be held liable for explicit copyright infringement there had to have been direct copyright infringement by a primary party, a direct financial benefit to the Grokster and an ability on the part of Grokster to supervise those responsible for the infringements. Precedent: The Betamax Case (Universal City Studios, Inc. et al. v. Sony Corporation of America Inc. et al. 1979) In this case it was held that video-recorders should not be banned, even though there is a chance they might be misused by the owner. This technology has substantial non-infringing uses, and so an outright ban could not be justified. Betamax technology was developed with the aim of allowing users to record television that they would have otherwise missed: thus, it’s intended and advertised use was not as an infringer of copyrights. (Vaver) Billions of files are shared across P2P networks each month a large proportion of which are illegal. If Grokster was made responsible for their actions, the amount of files transferred would be expected to reduce significantly as tighter regulations are enforced. If MGM won their case in its entirety, the owners of file-sharing software would be held responsible for copyright infringements of the software users. Even though MGM was attacking a certain type of software, many other technologies could be affected if MGM had been successful. MP3 players, CD burners, external hard-disks, and so on would have been drastically changed to the leisure (and working) time of many individuals due to the basic operating software included with each of those devices and the nature of their portability from machine to machine and platform to platform. (Vaver) A precedent would be set against which similar cases in the future could be examined. This is not a new problem, it has been going on for years between the Entertainment Industry and technology, which allows copyrighted material to be duplicated. The ultimate and unresolvable issue here is a trade-off between intellectual property rights and technological innovations, which will become more and more cloudy as social media and technological innovations churn ever forward and change at such a consuming and rapid pace. Repercussions In the wake of the case filing, Grokster began warning many users on the main page of their website that their IP (internet protocol: A unique string of numbers separated by periods that identifies each computer attached to the Internet) addresses were being stored. Prosecution of the file-sharing individual relies upon what has commonly been referred to as a process of a doe subpoena. If a doe subpoena is utilized, prosecutors are required to gain a series of subpoenas in order to find out the identity of the user behind the IP address in question. Following the shut down of Grokster blogs became inundated with concerned users fearful of the warning however there were and are no reports of the use of doe subpoenas in this case. Research into the effects of warnings such as the one left on Grokster’s website has shown that while these warnings can result in a substantial reduction in online file sharing of individuals, the overall availability of downloadable content did not diminish. Furthermore, researchers cannot account for how much of this reduction in individual file sharing is simply shifted to other file sharing programs. In cases where the RIAA has issued threats the users who conduct the most file sharing usually reduced their daily transactions to levels below the level of prosecution. In effect these warnings have only caused only a brief reduction in overall online file sharing. (Duke) Future Fallout The fear raised by some is that the Grokster findings would impose far too heavy of a burden on technological development, or discourage the dispersment of community information. The Grokster Court attempted to remain mindful of the need to keep from trenching on regular commerce or discouraging the development of technology with lawful and unlawful potential. The Court did not focus on the legality of the P2P networks but rather on the intent and conduct of the defendants. Finding the defendants intent unmistakable, the Court reasoned that such wrongful intent combined with defendants unlawful conduct could make defend- ants liable. Thus, the Court appropriately placed the blame on the malicious con- duct of technology developers rather than on the technology itself. (Grigorian) Under Grokster, businesses [can] continue to develop new technologies provided they do not encourage their users to violate the copyright law. Therefore, it is reasonable to infer from Grokster that P2P file-sharing software and similar technologies remain perfectly legal. This is a legitimate finding because, as the Court pointed out, file-sharing technologies can and have been used for legitimate, non- infringing purposes. For example, universities, business, and government entities use P2P file-sharing software for added efficiency and a more stable platform on which information can be shared [without being susceptible] to the types of attacks that a centralized server faces. (PC Review) Since the Supreme Courts pronouncement of Grokster, many legal scholars are eager to know the role the decision will play in future indirect copyright infringement cases, especially those involving file-sharing technology. Given the questions that remain unresolved after the Grokster decision, like those regarding the proper interpretation and application of Sony, future plaintiffs are likely to first proceed under the active inducement theory and, alternatively, plead contributory copyright infringement. To establish liability under the active inducement theory, plaintiffs must prove that: 1. The defendant took active steps with intent to cause infringement 2. The users of defendants technology did in fact engage in infringing activity. In cases involving P2P technology, proving intent is the trickiest of the two elements. However, copyright holders with legitimate claims will most likely be able to meet this requirement by showing that the conduct and activities of the alleged infringers in developing and marketing their technology would rise to the level of actively promoting the illegal sharing of said works. Courts will then need to examine the alleged infringers business models, marketing and promotional strategy and capability of installing filtering and monitoring systems in order to determine whether sufficient evidence of intent exists. Although it’s unclear as to how many of these factors must be present for a court to find wrongful intent, it is reasonable to determine that the more closely a persons behavior resembles that of a Grokster type entity, the more likely a court is to find liability under the active inducement standard. (Grigorian) This does not indicate that Grokster prefers copyright holders or offers them an automatic win. Some would argue that Grokster makes it more laborious for copyright holders to obtain damages because it forces them to conduct more extensive discovery and incur greater legal expenses in order to successfully prove intent. So while Grokster may appear unreasonably burdensome at first, it actually benefits all parties involved. By setting the burden of proof higher and requiring copyright holders to prove intent, Grokster will likely deter wasteful claims. The newly adopted standard also favors copyright holders because it offers clearer guidelines for those with legitimate claims to seek a legal remedy when their rights are violated. Therefore, in contrast to what some scholars may argue, Grokster successfully maintains a delicate balance between innovation and copyright protection. Conclusion The District Court of California and the Ninth Circuit Court of Appeals ruled in favor of Grokster, much to MGM’s disappointment. It was held in both courts that Grokster escaped liability for a number of reasons: 1.Grokster did not have constructive, adequate knowledge of the infringements. 2.The software distributed by Grokster was capable of substantial non-infringing uses. 3.There was no central server, thus Grokster could only obtain information of the infringement after it had already happened (i.e. they could not block or prevent copyright infringement because they were not able to directly supervise file transfers). 4.Grokster could not be found responsible for materially contributing to any copyright infringement. 5.Grokster did not directly earn money from this software, as it is free for people to download. Instead, they earned money through advertisements on their website. 6.Grokster was unable to change the software to control user access due to the fact that the software resided on the users’ computers and not on a centralized server. In the United States Supreme Court, the ruling of the appeal favored MGM. The unanimous ruling was that â€Å"one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.† Under these conditions, P2P file-sharing companies could now be sued for copyright infringements. Many as the most important intellectual property case have dubbed this case in decades (PC Review) Due to the extent of disagreement, which arose as to whether Grokster is protected under the Sony Betamax case, a new test has been developed to determine whether the ruling in the Betamax case protects the software in question. The test assesses whether or not the distributors of the software have promoted it as a means of copyright infringement. If such intentions were found, then the ruling of the Betamax case could not be used as precedent. As long as new innovations do not affect existing copyrights, then this ruling should not affect them. It is seen by the Supreme Court as a fair balance between the benefits gained by allowing and promoting technological innovation and the need to respect the intellectual property rights of artists. However, critics do not quite view it in the same light: they are skeptical that the test will work in their favor due to its inherent ambiguity. (PC Review) There are major concerns, however, that despite the good intentions of the court to strike a fair balance between innovation and copyrights, many investors may be put off. If there is a slight chance that a potential project is at risk from this ruling, then ideas are likely to go no further than the drawing board. This could have huge significance, especially regarding the creation of new digital technologies: Any threat of liability, and the idea dies Many argue that file sharing is not the problem, which needs to be addressed here; it is the issue of the individuals that abuse it. On the other hand, trying to hold millions of downloaders responsible for their (numerous) actions would be logistically impossible, and so a more preventative approach has instead been used. (PC Review) Therefore, Groksters message could not be any louder or clearer: innovators should continue to develop new technologies but they must do so with a lawful intent. In devising a new standard for liability, the Court in Grokster provided an alternative mechanism under which copyright holders could seek redress against technology developers and distributors that infringed on their intellectual property rights by proving un-lawful intent. The new standard appropriately focuses on the infringers conduct and intent rather than the technology itself. Works Cited 1. Giblin, Rebecca. Code wars†¯: 10 years of P2P software litigation. Cheltenham, UK; Northampton, MA: Edward Elgar Publishing, 2011. Print. 2. Duke University School of Law, â€Å"MGM V. Grokster.† Web. 2004 2005. http://publiclaw.law.duke.edu/publiclaw/supremecourtonline/certgrants/2004/mgmvgro.html 3. â€Å"The Legality of File Sharing MGM Vs Grokster.† Web. 14 July 2012. http://www.pcreview.co.uk/articles/Consumer-Advice/The_Legality_of_File_Sharing_-_MGM_vs_Grokster/ 4. â€Å"The Official Website for Metro-Goldwyn-Mayer (MGM) Studios: Learn More About the History of MGM.† Web. 14 July 2012. http://www.mgm.com/corporate/index.html 5. Vaver, David. Intellectual property rights†¯: critical concepts in law. London: Routledge, 2006. Print. 6. â€Å"WIPO World Intellectual Property Organization.† Web. 14 July 2012. http://www.wipo.int/portal/index.html.en 7. Grigorian, Kristine. MGM vs Grokster: Adopting Patent Law’s Active Inducement Do ctrine and shifting focus to actual infringers. Maryland, Northampton, Journal of Business and Technology, Maryland School of Law, 2005. Print.

Celebrities in the American Media Essays -- Celebrity

American Media: The Bliss of the Public or the Bane of Celebrities? Throughout history, the media has caught some of the most horrific scenes on camera. While it is great that these events were documented, one cannot help but wonder how much is too much when prying into the lives of public figures. Even celebrities need a time to grieve; yet that time seems limited when they are constantly being harassed by men with cameras trying to give the best account of the situation. Since the introduction of the television, and possibly before, news broadcasters have been concerned with one objective— relaying the most interesting and informative report of the breaking story, regardless of the effects of their curiosity. In most cases of tragedy, the media coverage makes the situation worse. There is a photograph by Elliott Erwitt of Jackie Kennedy at President Kennedy’s funeral, which really embodies the effects of broadcasting tragedies. In the picture, Mrs. Kennedy’s face seems frozen in a state of disbelief and grief as a man behind her stands unaffected with a microphone around his ear. Millions of Americans sat in front of their TV sets watching the funeral, and through all of this Mrs. Kennedy was barely able to relax and reflect since it was her duty to plan the whole procession. After the funeral, she still could not find the time to grieve. Because she was the first lady, Jackie Kennedy had an obligation to the public so â€Å"even under the greatest stress imaginable [the] widow was receiving the guests who had come to her husband’s funeral† (Mayo, 84). By being the wife of a public figure, she too feels the stress of being a celebrity. The media, as well as the members of the public have forced her to remain active... ... without creating a rivalry between them or false pretences against them. In an age when media is such a big part of Americans’ lives, it is necessary to take into account the effects that the stories will have on the people in them. Works Cited Baughman, Cynthia. Women on Ice: Feminist Responses to Tonya Harding/Nancy Kerrigan Spectacle. New York, New York: Routledge, 1995. Gladwell, Malcolm. Blink. New York, New York: Little, Brown and Company, 2005. Mayo, John B. Bulletin From Dallas: The President Is Dead. New York, New York: Exposition Press, 1967. Semple, Robert B., ed. Four Days in November. New York, New York: St. Martin’s Press, 2003. Triplett, William. â€Å"Alive†. American Journalism Review. October 1994. Questia. Questia Online Library. University of Miami. 28 September 2006. .

The Vampire Diaries: Dark Reunion Chapter Fifteen

Klaus screamed, a scream that reminded Bonnie of ancient predators, of the sabertooth cat and the bull mammoth. Blood frothed out of his mouth along with the scream, turning that handsome face into a twisted mask of fury. His hands scrabbled at his back, trying to get a grip on the white ash stake and pull it out. But it was buried too deep. The throw had been a good one. â€Å"Damon,† Bonnie whispered. He was standing at the edge of the clearing, framed by oak trees. As she watched, he took a step toward Klaus, and then another; lithe stalking steps filled with deadly purpose. And he was angry. Bonnie would have run from the look on his face if her muscles hadn't been frozen. She had never seen such menace so barely held in check. â€Å"Get†¦ away†¦ from my brother,† he said, almost breathing it, with his eyes never leaving Klaus's as he took another step. Klaus screamed again, but his hands stopped their frantic scrabbling. â€Å"You idiot! We don't have to fight! I told you that at the house! We can ignore each other!† Damon's voice was no louder than before. â€Å"Get away from my brother.† Bonnie could feel it inside him, a swell of Power like a tsunami. He continued, so softly that Bonnie had to strain to hear him, â€Å"Before I tear your heart out.† Bonnie could move after all. She stepped backward. â€Å"I told you!† screamed Klaus, frothing. Damon didn't acknowledge the words in any way. His whole being seemed focused on Klaus's throat, on his chest, on the beating heart inside that he was going to tear out. Klaus picked up the unbroken lance and rushed him. In spite of all the blood, the blond man seemed to have plenty of strength left. The rush was sudden, violent, and almost inescapable. Bonnie saw him thrust the lance at Damon and shut her eyes involuntarily, and then opened them an instant later as she heard the flurry of wings. Klaus had plunged right through the spot where Damon had been, and a black crow was soaring upward while a single feather floated down. As Bonnie stared, Klaus's rush took him into the darkness beyond the clearing and he disappeared. Dead silence fell in the wood. Bonnie's paralysis broke slowly, and she first stepped, and then ran to where Stefan lay. He didn't open his eyes at her approach; he seemed unconscious. She knelt beside him. And then she felt a sort of horrible calm creep over her, like someone who has been swimming in ice water and at last feels the first undeniable signs of hypothermia. If she hadn't had so many successive shocks already, she might have fled screaming or dissolved into hysterics. But as it was, this was simply the last step, the last little slide into unreality. Into a world that couldn't be, but was. She'd never seen anybody hurt like this. Not even Mr. Tanner, and he had died of his wounds. Nothing Mary had ever said could help fix this. Even if they'd had Stefan on a stretcher outside an operating room, it wouldn't have been enough. In that state of dreadful calm she looked up to see a flutter of wings blur and shimmer in the moonlight. Damon stood beside her, and she spoke quite collectedly and rationally. â€Å"Will giving him blood help?† He didn't seem to hear her. His eyes were all black, all pupil. That barely leashed violence, that sense of ferocious energy held back, was gone. He knelt and touched the dark head on the ground. â€Å"Stefan?† Bonnie shut her eyes. Damon's scared, she thought. Damon's scared-Damon!-and oh, God, I don't know what to do. There's nothing to do-and it's all over and we're all lost and Damon is scared for Stefan. He isn't going to take care of things and he hasn't got a solution and somebody's got to fix this. And oh, God, please help me because I'm so frightened and Stefan's dying and Meredith and Matt are hurt and Klaus is going to come back. She opened her eyes to look at Damon. He was white, his face looking terrifyingly young at that moment, with those dilated black eyes. â€Å"Klaus is coming back,† Bonnie said quietly. She wasn't afraid of him anymore. They weren't a centuries-old hunter and a seventeen-year-old human girl, sitting here at the edge of the world. They were just two people, Damon and Bonnie, who had to do the best they could. â€Å"I know,† Damon said. He was holding Stefan's hand, looking completely unembarrassed about it, and it seemed quite logical and sensible. Bonnie could feel him sending Power into Stefan, could also feel that it wasn't enough. â€Å"Would blood help him?† â€Å"Not much. A little, maybe.† â€Å"Anything that helps at all we've got to try.† Stefan whispered, â€Å"No.† Bonnie was surprised. She'd thought he was unconscious. But his eyes were open now, open and alert and smoldering green. They were the only alive thing about him. â€Å"Don't be stupid,† Damon said, his voice hardening. He was gripping Stefan's hand until his knuckles whitened. â€Å"You're badly hurt.† â€Å"I won't break my promise.† That immovable stubbornness was in Stefan's voice, in his pale face. And when Damon opened his mouth again, undoubtedly to say that Stefan would break it and like it or Damon would break his neck, Stefan added, â€Å"Especially when it won't do any good.† Only the truth would do. And Stefan was telling the truth. He was still looking at his brother, who was looking back, all that fierce, furious attention focused on Stefan as it had been focused on Klaus earlier. As if somehow that would help. â€Å"I'm not badly hurt, I'm dead,† Stefan said brutally, his eyes locked on Damon's. Their last and greatest struggle of wills, Bonnie thought. â€Å"And you need to get Bonnie and the others out of here.† â€Å"We won't leave you,† Bonnie intervened. That was the truth; she could say that. â€Å"You have to!† Stefan didn't glance aside, didn't look away from his brother. â€Å"Damon, you know I'm right. Klaus will be here any minute. Don't throw your life away. Don't throw their lives away.† â€Å"I don't give a damn about their lives,† Damon hissed. The truth also, Bonnie thought, curiously unoffended. There was only one life Damon cared about here, and it wasn't his own. â€Å"Yes, you do!† Stefan flared back. He was hanging on to Damon's hand with just as fierce a grip, as if this was a contest and he could force Damon to concede that way. â€Å"Elena had a last request; well, this is mine. You have Power, Damon. I want you to use it to help them.† â€Å"Stefan†¦Ã¢â‚¬  Bonnie whispered helplessly. â€Å"Promise me,† Stefan said to Damon, and then a spasm of pain twisted his face. For uncountable seconds Damon simply looked down at him. Then he said, â€Å"I promise,† quick and sharp as the stroke of a dagger. He let go of Stefan's hand and stood, turning to Bonnie. â€Å"Come on.† â€Å"We can't leave him†¦Ã¢â‚¬  â€Å"Yes, we can.† There was nothing young about Damon's face now. Nothing vulnerable. â€Å"You and your human friends are leaving here, permanently. I am coming back.† Bonnie shook her head. She knew, dimly, that Damon wasn't betraying Stefan, that it was some case of Damon putting Stefan's ideals above Stefan's life, but it was all too abstruse and incomprehensible to her. She didn't understand it and she didn't want to. All she knew was that Stefan couldn't be left lying there. â€Å"You're coming now,† Damon said, reaching for her, the steely ring back in his voice. Bonnie prepared herself for a fight, and then something happened that made all their debating meaningless. There was a crack like a giant whip and a flash like daylight, and Bonnie was blinded. When she could see through the afterimage, her eyes flew to the flames that were licking up from a newly blackened hole at the base of a tree. Bonnie's eye darted to him next, as the only other thing moving in the clearing. He was waving the bloody white ash stake he'd pulled out of his own back like a gory trophy. Lightning rod, thought Bonnie illogically, and then there was another crash. It stabbed down from an empty sky, in huge blue-white forks that lit everything like the sun at noon. Bonnie watched as one tree and then another was hit, each one closer than the last. Flames licked up like hungry red goblins among the leaves. Two trees on either side of Bonnie exploded, with cracks so loud that she felt rather than heard it, a piercing pain in her eardrums. Damon, whose eyes were more sensitive, threw up a hand to protect them. Then he shouted â€Å"Klaus!† and sprang toward the blond man. He wasn't stalking now; this was the deadly race of attack. The burst of killing speed of the hunting cat or the wolf. Lightning caught him in midspring. Bonnie screamed as she saw it, jumping to her feet. There was a blue flash of superheated gases and a smell of burning, and then Damon was down, lying motionless on his face. Bonnie could see tiny wisps of smoke rise from him, just as they did from the trees. Speechless with horror, she looked at Klaus. He was swaggering through the clearing, holding his bloody stick like a golf club. He bent down over Damon as he passed, and smiled. Bonnie wanted to scream again, but she didn't have the breath. There didn't seem to be any air left to breathe. â€Å"I'll deal with you later,† Klaus told the unconscious Damon. Then his face tipped up toward Bonnie. â€Å"You,† he said, â€Å"I'm going to deal with right now.† It was an instant before she realized he was looking at Stefan, and not her. Those electric blue eyes were fixed on Stefan's face. They moved to Stefan's bloody middle. â€Å"I'm going to eat you now, Salvatore.† Bonnie was all alone. The only one left standing. And she was afraid. But she knew what she had to do. She let her knees collapse again, dropping to the ground beside Stefan. And this is how it ends, she thought. You kneel beside your knight and then you face the enemy. She looked at Klaus and moved so that she was shielding Stefan. He seemed to notice her for the first time, and frowned as if he'd found a spider in his salad. Firelight flickered orange-red on his face. â€Å"No.† And this is how the ending starts. Like this, so simply, with one word, and you're going to die on a summer night. A summer night when the moon and stars are shining and bonfires burn like the flames the Druids used to summon the dead. â€Å"Bonnie, go,† Stefan said painfully. â€Å"Get out while you can.† â€Å"No,† Bonnie said. I'm sorry, Elena, she thought. I can't save him. This is all I can do. â€Å"Get out of the way,† Klaus said through his teeth. â€Å"No.† She could wait and let Stefan die this way, instead of with Klaus's teeth in his throat. It might not seem like much of a difference, but it was the most she could offer. â€Å"Bonnie†¦Ã¢â‚¬  Stefan whispered. â€Å"Don't you know who I am, girl? I've walked with the devil. If you move, I'll let you die quickly.† Bonnie's voice had given out. She shook her head. Klaus threw back his own head and laughed. A little more blood trickled out, too. â€Å"All right,† he said. â€Å"Have it your own way. Both of you go together.† Summer night, Bonnie thought. The solstice eve. When the line between worlds is so thin. â€Å"Say good night, sweetheart.† No time to trance, no time for anything. Nothing except one desperate appeal. â€Å"Elena!† Bonnie screamed. â€Å"Elena! Elena!† Klaus recoiled. For an instant, it seemed as if the name alone had the power to alarm him. Or as if he expected something to respond to Bonnie's cry. He stood, listening. Bonnie drew on her powers, putting everything she had into it, throwing her need and her call out into the void. And felt†¦ nothing. Nothing disturbed the summer night except the crackling sound of flames. Klaus turned back to Bonnie and Stefan, and grinned. Then Bonnie saw the mist creeping along the ground. No-it couldn't be mist. It must be smoke from the fire. But it didn't behave like either. It was swirling, rising in the air like a tiny whirlwind or dust devil. It was gathering into a shape roughly the size of a man. Mist was flowing out of the ground, between the trees. Pools of it, each separate and distinct. Bonnie, staring mutely, could see through each patch, could see the flames, the oak trees, the bricks of the chimney. Klaus had stopped smiling, stopped moving, and was watching too. Bonnie turned to Stefan, unable to even frame the question. â€Å"Unquiet spirits,† he whispered huskily, his green eyes intent. â€Å"The solstice.† And then Bonnie understood. They were coming. From across the river, where the old cemetery lay. From the woods, where countless makeshift graves had been dug to dump bodies in before they rotted. The unquiet spirits, the soldiers who had fought here and died during the Civil War. A supernatural host answering the call for help. They were forming all around. There were hundreds of them. Bonnie could actually see faces now. The misty outlines were filling in with pale hues like so many runny watercolors. She saw a flash of blue, a glimmer of gray. Both Union and Confederate troops. Bonnie glimpsed a pistol thrust into a belt, the glint of an ornamented sword. Chevrons on a sleeve. A bushy dark beard; a long, well-tended white one. A small figure, child size, with dark holes for eyes and a drum hanging at thigh level. â€Å"Oh, my God,† she whispered. â€Å"Oh, God.† It wasn't swearing. It was something like a prayer. Not that she wasn't frightened of them, because she was. It was every nightmare she'd ever had about the cemetery come true. Like her first dream about Elena, when things came crawling out of the black pits in the earth; only these things weren't crawling, they were flying, skimming and floating until they swirled into human form. Everything that Bonnie had ever felt about the old graveyard-that it was alive and full of watching eyes, that there was some Power lurking behind its waiting stillness -was proving true. The earth of Fell's Church was giving up its bloody memories. The spirits of those who'd died here were walking again. And Bonnie could feel their anger. It frightened her, but another emotion was waking up inside her, making her catch her breath and clench tighter on Stefan's hand. Because the misty army had a leader. One figure was floating in front of the others, closest to the place where Klaus stood. It had no shape or definition as yet, but it glowed and scintillated with the pale golden light of a candle flame. Then, before Bonnie's eyes, it seemed to take on substance from the air, shining brighter and brighter every minute with an unearthly light. It was brighter than the circle of fire. It was so bright that Klaus leaned back from it and Bonnie blinked, but when she turned at a low sound, she saw Stefan staring straight into it, fearlessly, with wide-open eyes. And smiling, so faintly, as if glad to have this be the last thing he saw. Klaus dropped the stake. He had turned away from Bonnie and Stefan to face the being of light that hung in the clearing like an avenging angel. Golden hair streaming back in an invisible wind, Elena looked down on him. â€Å"She came,† Bonnie whispered. â€Å"You asked her to,† Stefan murmured. His voice trailed off into a labored breath, but he was still smiling. His eyes were serene. â€Å"Stand away from them,† Elena said, her voice coming simultaneously to Bonnie's ears and her mind. It was like the chiming of dozens of bells, distant and close up at once. â€Å"It's over now, Klaus.† But Klaus rallied quickly. Bonnie saw his shoulders swell with a breath, noticed for the first time the hole in the back of the tan raincoat where the white ash stake had pierced him. It was stained dull red, and new blood was flowing now as Klaus flung out his arms. â€Å"You think I'm afraid of you?† he shouted. He spun around, laughing at all the pallid forms. â€Å"You think I'm afraid of any of you? You're dead! Dust on the wind! You can't touch me!† â€Å"You're wrong,† Elena said in her wind-chime voice. â€Å"I'm one of the Old Ones! An Original! Do you know what that means?† Klaus turned again, addressing all of them, his unnaturally blue eyes seeming to catch some of the red glow of the fire. â€Å"I've never died. Every one of you has died, you gallery of spooks! But not me. Death can't touch me. I am invincible!† The last word came in a shout so loud it echoed among the trees. Invincible†¦ invincible†¦ invincible. Bonnie heard it fading into the hungry sound of the fire. Elena waited until the last echo had died. Then she said, very simply, â€Å"Not quite.† She turned to look at the misty shapes around her. â€Å"He wants to spill more blood here.† A new voice spoke up, a hollow voice that ran like a trickle of cold water down Bonnie's spine. â€Å"There's been enough killing, I say.† It was a Union soldier with a double row of buttons on his jacket. â€Å"More than enough,† said another voice, like the boom of a faraway drum. A Confederate holding a bayonet. â€Å"It's time somebody stopped it†-an old man in home-dyed butternut cloth. â€Å"We can't let it go on†-the drummer boy with the black holes for eyes. â€Å"No more blood spilled!† Several voices took it up at once. â€Å"No more killing!† The cry passed from one to another, until the swell of sound was louder than the roar of the fire. â€Å"No more blood!† â€Å"You can't touch me! You can't kill me!† â€Å"Let's take ‘im, boys!† â€Å"You can't kill me! I'm immortal!† The tornado swept away into the darkness beyond Bonnie's sight. Following it was a trail of ghosts like a comet's tail, shooting off into the night sky. â€Å"Where are they taking him?† Bonnie didn't mean to say it aloud; she just blurted it out before she thought. But Elena heard. â€Å"Where he won't do any harm,† she said, and the look on her face stopped Bonnie from asking any other questions. There was a squealing, bleating sound from the other side of the clearing. Bonnie turned and saw Tyler, in his terrible part-human, part-animal shape, on his feet. There was no need for Caroline's club. He was staring at Elena and the few remaining ghostly figures and gibbering. â€Å"Don't let them take me! Don't let them take me too!† Before Elena could speak, he had spun around. He regarded the fire, which was higher than his own head, for an instant, then plunged right through it, crashing into the forest beyond. Through a parting of the flames, Bonnie saw him drop to the ground, beating out flames on himself, then rise and run again. Then the fire flared up and she couldn't see anything more. But she'd remembered something: Meredith-and Matt. Meredith was lying propped up, her head in Caroline's lap, watching. Matt was still on his back. Hurt, but not so badly hurt as Stefan. â€Å"Elena,† Bonnie said, catching the bright figure's attention, and then she simply looked at him. The brightness came closer. Stefan didn't blink. He looked into the heart of the light and smiled. â€Å"He's been stopped now. Thanks to you.† â€Å"It was Bonnie who called us. And she couldn't have done it at the right place and the right time without you and the others.† â€Å"I tried to keep my promise.† â€Å"I know, Stefan.† Bonnie didn't like the sound of this at all. It sounded too much like a farewell-a permanent one. Her own words floated back to her: He might go to another place or-or just go out. And she didn't want Stefan to go anywhere. Surely anyone who looked that much like an angel†¦ â€Å"Elena,† she said, â€Å"can't you-do something? Can't you help him?† Her voice was shaking. â€Å"I can do something,† she said. â€Å"But I don't know if it's the kind of help he wants.† She turned back to Stefan. â€Å"Stefan, I can cure what Klaus did. Tonight I have that much Power. But I can't cure what Katherine did.† Bonnie's numbed brain struggled with this for a while. What Katherine did-but Stefan had recovered months ago from Katherine's torture in the crypt. Then she understood. What Katherine had done was make Stefan a vampire. â€Å"It's been too long,† Stefan was saying to Elena. â€Å"If you did cure it, I'd be a pile of dust.† â€Å"Yes.† Elena didn't smile, just went on looking at him steadily. â€Å"Do you want my help, Stefan?† â€Å"To go on living in this world in the shadows†¦Ã¢â‚¬  Stefan's voice was a whisper now, his green eyes distant. Bonnie wanted to shake him. Live, she thought to him, but she didn't dare say it for fear she'd make him decide just the opposite. Then she thought of something else. â€Å"To go on trying,† she said, and both of them looked at her. She looked back, chin thrust out, and saw the beginning of a smile on Elena's bright lips. Elena turned to Stefan, and that tiny hint of a smile passed to him. â€Å"Yes,† he said quietly, and then, to Elena, â€Å"I want your help.† She bent and kissed him. Bonnie saw the brightness flow from her to Stefan, like a river of sparkling light engulfing him. It flooded over him the way the dark mist had surrounded Klaus, like a cascade of diamonds, until his entire body glowed like Elena's. For an instant Bonnie imagined she could see the blood inside him turned molten, flowing out to each vein, each capillary, healing everything it touched. Then the glow faded to a golden aura, soaking back into Stefan's skin. His shirt was still demolished, but underneath the flesh was smooth and firm. Bonnie, feeling her own eyes wide with wonder, couldn't help reaching out to touch. It felt just like any skin. The horrible wounds were gone. She laughed aloud with sheer excitement, and then looked up, sobering. â€Å"Elena- there's Meredith, too-â€Å" The bright being that was Elena was already moving across the clearing. Meredith looked up at her from Caroline's lap. â€Å"Hello, Elena,† she said, almost normally, except that her voice was so weak. Elena bent and kissed her. The brightness flowed again, encompassing Meredith. And when it faded, Meredith stood up on her own two feet. Then she went to Damon. He was still lying where he had fallen. The ghosts had passed over him, taking no notice of him. Elena's brightness hovered over him, one shining hand reaching to touch his hair. Then she bent and kissed the dark head on the ground. As the sparkling light faded, Damon sat up and shook his head. He saw Elena and went still, then, every movement careful and self-contained, stood up. He didn't say anything, only looked as Elena turned back to Stefan. He was silhouetted against the fire. Bonnie had scarcely noticed how the red glow had grown so that it almost eclipsed Elena's gold. But now she saw it and felt a thrill of alarm. â€Å"My last gift to you,† Elena said, and it began to rain. Not a thunder-and-lightning storm, but a thorough pattering rain that soaked everything-Bonnie included-and doused the fire. It was fresh and cool, and it seemed to wash all the horror of the last hours away, cleansing the glade of everything that had happened there. Bonnie tilted her face up to it, shutting her eyes, wanting to stretch out her arms and embrace it. At last it slackened and she looked again at Elena. Elena was looking at Stefan, and there was no smile on her lips now. The wordless sorrow was back in her face. â€Å"It's midnight,† she said. â€Å"And I have to go.† Bonnie knew instantly, at the sound of it, that â€Å"go† didn't just mean for the moment. â€Å"Go† meant forever. Elena was going somewhere that no trance or dream could reach. And Stefan knew it too. â€Å"Just a few more minutes,† he said, reaching for her. â€Å"I'm sorry-â€Å" â€Å"Elena, wait-I need to tell you-â€Å" â€Å"I can't!† For the first time the serenity of that bright face was destroyed, showing not only gentle sadness but tearing grief. â€Å"Stefan, I can't wait. I'm so sorry.† It was as if she were being pulled backward, retreating from them into some dimension that Bonnie could not see. Maybe the same place Honoria went when her task was finished, Bonnie thought. To be at peace. But Elena's eyes didn't look as if she were at peace. They clung to Stefan, and she reached out her hand toward his, hopelessly. They didn't touch. Wherever Elena was being pulled was too far away. â€Å"Elena-please!† It was the voice Stefan had called her with in his room. As if his heart was breaking. â€Å"Stefan,† Elena called again, but her voice came as if from a long distance. The brightness was almost gone. Then, as Bonnie stared through helpless tears, it winked out. Leaving the clearing silent once again. They were all gone, the ghosts of Fell's Church who had walked for one night to keep more blood from being spilled. The bright spirit that had led them had vanished without a trace, and even the moon and stars were covered by clouds. Bonnie knew that the wetness on Stefan's face wasn't due to the rain that was still splashing down. He was standing, chest heaving, looking at the last place where Elena's brightness had been seen. And all the longing and the pain Bonnie had glimpsed on his face at times before was nothing to what she saw now. â€Å"It isn't fair,† she whispered. Then she shouted it to the sky, not caring who she was addressing. â€Å"It isn't fair!† Stefan had been breathing more and more quickly. Now he lifted his face too, not in anger but in unbearable pain. His eyes were searching the clouds as if he might find some last trace of golden light, some flicker of brightness there. He couldn't. Bonnie saw the spasm go through him, like the agony of Klaus's stake. And the cry that burst out of him was the most terrible thing she'd ever heard. â€Å"Elena!†

The Golden Age of Hollywood

By the early mid-thirtiess, American Cinema became a dominant leader on the universe screens. Economical, societal, and cultural factors led Hollywood accomplish this place. During the period between 1927 and 1963, besides referred as the â€Å"Golden age of Hollywood† , a distinguishable cinematic signifier, called Classical Hollywood manner, emerged. Harmonizing to Maltby, â€Å"the thought of â€Å"the classical† implies the observation of regulations of composing and aesthetic organisation that produce integrity, balance, and order in the ensuing artwork† ( 2003: 15 ) . Those regulations of cinematic use and sentence structure of movie, marked Classical Hollywood manner as smooth, fluid and easy apprehensible. Hollywood movies were organized to offer pleasance to their audience and involved sexual experiences, nakedness or offense to accomplish that. For American Catholics, this attitude appeared to be deceptive and corrupting the society. After the attending was given to this fact, in early 1930’s, The Code was written by a group of Hollywood executives, The Motion Picture Producers and Distributors of America ( 2003: 62 ) . A wide scope of regulations and ordinances had bit by bit developed over the old ages in order â€Å"to extinguish any moral ambiguity in a movie’s narrative progression† ( 2003: 473 ) . But how these judicial admissions of the Production Code changed the nature of Hollywood’s merchandises? In order to reply this inquiry I am traveling to present how Hollywood merchandises appeared to be before and after The Production Code by taking an analysis of two utterly incompatible movies:Baby Face( 1933 ) andWuthering Highs( 1939 ) . In the Pre-code period, movies invariably presented people in sexually implicative, and provocative state of affairss and amplified delinquency as a manner to accomplish a better life. Films referenced sexual allusions, libertinism, harlotry, lewdness, crossbreeding, illegal drug usage, force, etc. During the hard economic times of Great Depression ( 1930 – 1940 ) , there formed the belief that the lone manner to acquire fiscal success was through offense. This was the factor that made mobster movies so insurgent to an audience. As an illustration, politically-oriented societal job movies ridiculed politicians by portraying them as incompetent villains and prevaricators where movies likeCaponeorSmall Caesarwere seen as heroic instead than evil. Women, often associated with sexual hints, were a dominant figures in movies. Along with having stronger female characters, movies examined female capable affairs that would non be revisited until decennaries subsequently in American mo vies. Hollywood did non scruple to expose adult females in bare garments, nor did they waver to demo images that allured audience to interracial relationship and sex thoughts. This sort of mentions arouse an thought that Hollywood attempted to make movies for grownups merely, but in fact, it wounded up conveying big audiences of all ages to cinema. This states that above mentioned figures were influential among people in those yearss and allowed Hollywood increase its production extremely. Get downing with the analysis ofBaby Face, let’s see how the pre-code paradigm was working within this movie. The chief character, Lily, has led a hard life working in her unsmooth father’s illegal tap house, who forced her into harlotry since she was 14. After her father’s dies in inadvertent distillery detonation, she is given a opportunity to get down a new life. Her friend, a follower of the instructions of Friedrich Nietzsche, advises her to take an chance to go forth her old life behind and get down a new one by utilizing her power over work forces in order to obtain the things she wants: â€Å"A adult female, immature beautiful like you has power in the universe! & A ; lt ; †¦ & A ; gt ; You must utilize work forces, non allow them utilize you. Be the maestro and do them your slave. & A ; lt ; †¦ & A ; gt ; Exploit yourself! Use work forces! Be strong! Use work forces to acquire the things that you want! † (Baby Face: 1933 ). After sing his counsel, Lily, accompanied with her friend Chico, moves to New York and utilizing her appeal she begins her manner to the top at Gotham Trust Bank. As she was humiliated by work forces in the yesteryear, her purpose is non merely to utilize them for fiscal affair, but besides to destroy them through this procedure. As can be seen, the movie indicates an thought that honestness and kindness are non traveling to acquire people anyplace and in order to accomplish something there is a demand to acquire clasp of more drastic actions. Furthermore,Baby Facearouses an attack that political system works to mistreat weak and hapless people. This is the ground why the relationship between Lily and black miss Chico is so greatly amplified as they represent a category and gender issue in those yearss. Because they are adult females, they both know they are on equal terms and that society treats them as cipher. In the way to alter this settled point of position, Lily abuses the cringle holes of a system. This is one of the many times inBaby Facewhere the deduction of sex is every bit tragic as if audience is a informant to the existent act. Lily’s ability to be unashamedly unfastened to sexual Acts of the Apostless for her ain benefit gave her a liberated esthesia, and made her short ascent up the societal ladder both exceeding and thrilling to watch. The movie disgracefully implies Lily kiping her manner to the top by agencies of cutting to the exterior of the edifice and traveling up a few floors every clip she s eizes a new male lover. The transmutation that Lily goes through via her vesture in the movie demonstrates her addition in societal place and how cold she has become on the interior in order to accomplish that.Baby Faceis non merely about Lily’s mode to utilize sex as a power tool, but besides about work forces who gladly gives off money and other assets to hold an experience of Lily’s animal pleasances. ThusBaby Faceis non about utilizing sex to mount the societal ladder, but mounting it the lone manner it is possible with fortunes that has been given by political system.As there are few movies in the history of film that have of all time been so direct about satisfying the power of sex,Baby Faceis one of the most pre-Code movies that could ne'er hold been released in any signifier following the coming of the Production Code in 1934. Following the July 1, 1934 the determination by studios put power over movie censoring that promoted the new order of concern. Production codification assured Americans that the motion-picture industry is traveling to be purified of coarseness and unscrupulousness, and changed to righteousness and virtuous amusement. The Production Code stipulated the guidelines of â€Å"what was and was non allowable content in Classical Hollywood’s field of representation† for a public audience in the United States ( Maltby, 2003: 62 ) . Studios, after censoring authorization, strived to re-issue movies from the 1920s and early 1930s, and were forced to do comprehensive cuts. Part of pre-code movies survived integral because they were excessively combative to be re-released, whilemost of them experienced incorrigible harm. Harmonizing to Butter, â€Å"The production codification sought non merely to find what could be portrayed on screen but besides to advance traditional values† ( 2007: 188 ) . Sexual dealingss outside of matrimony were forbidden from being portrayed as attractive or pleasing and after codification constitution they were presented in a manner that would non elicit passion or do them look tolerable ( LaSalle, 2000 ) . Among the undisputedly positive facets of the Code being enforced was the money it saved studios in holding to redact, cut, and alter movies to acquire blessing from the assorted province boards and censors. The money saved was in the 1000000s yearly. Many felt the film industry had ever been morally questionable. The first was a set of â€Å" general rules † which prohibited a image from â€Å" take downing the moral criterions of those who see it † , called for word pictures of the â€Å" right criterions of life † , and in conclusion forbade a image from demoing any kind of ridicule towards a jurisprudence or â€Å" making understanding for its misdemeanor † . All condemnable action had to be punished, and neither the offense nor the felon could arouse understanding from the audience, [ 5 ] or the audience must at least be cognizant that such behaviour is incorrect, normally through â€Å" counterbalancing moral value † . [ 27 ] [ 31 ] Authority figures had to be treated with regard, and the clergy could non be portrayed as amusing characters or scoundrels. Under some fortunes, politicians, constabulary officers, and Judgess could be scoundrels, every bit long as it was clear that those persons portrayed as scoundrels were the exclusions to the regulation. The codification was a set of general rules, which has forbidden anything that is take downing the moral standarts

Sardar Vallabhbhai Patel essays

Sardar Vallabhbhai Patel essays Sardar Vallabhbhai Patel, the Iron Man of India, was born on October 31st, 1875 in Nadiad, Gujarat. His father, Jhaverbhai Patel, was a farmer. Vallabhbhai's early education was in Karamsad. A famous story about Sardar Patels strength takes place in his boyhood years. When he was young, Vallahbhai suffered from a boil. There was a man in his village who used to cure boils by touching them with hot iron. Vallabhbhai went to him to remove the boil that he had. The man heated the iron rod until it grew red but seeing how young Vallabhbhai was, he hesitated. Vallabhbhai fearlessly responded, "What are you waiting for? The iron will grow cold. Hurry up, brand the boil,". Vallabhbhai picked up the glowing rod and burnt the boil. Those who watched him were shocked. But there was not a trace of pain in the boy's face. Sardar Patel went to England to study law and returned to India in 1915. After returning he met Gandhi and soon joined him in many issues of the day including one in which he represented workers in a dispute with mill owners in Ahmedabad in 1918. Patel had a successful law practice, but as he became more influenced by the ideas of Gandhi he gave it up and threw himself into the campaign for Indian independence. In 1931, Patel was elected President of the Indian National Congress. Gandhi vested great confidence in him through all the years of their friendship. Gandhis assassination left Sardar Patel without the guidance of his political mentor and the "Father of the Nation. His memory as the "Iron Man of India", came from his steely determination and pragmatism. Nowhere was this more apparent than when, as Home Minister and Minister of States, he took action to consolidate the Indian Union and authorized the police to merge Hyderabad into India. Though a staunch Hindu, Patel had a deep appreciation for the diverse culture of India. Patel contributed very substantially to the deliberations of the Cons...

What to do if your career plans fall through

What to do if your career plans fall through Maybe you applied for your dream job and never heard back. Maybe you made it months into the process, and after 3 rounds of interviews finally received a rejection. Or maybe you got what you thought was the perfect job and then realized it’s not the career for you. It’s tough to put everything you have into building a career and then have it not pan out. When your work life is out of balance, you’re in a vulnerable place, and that uncertainty can color all aspects of your life.Here are a few actions you can take to dig yourself out of a career slump and get yourself going in the right direction.Take a time out.When you get the rejection- or the realization hits you that you’re in the wrong job- give yourself a minute to wallow. Really, it’s okay to be frustrated and sad. Sulk, cry, and vent to your partner and friends. Take a moment to process before getting back on your A-game again.Accept the reality of the situation.The fact is, you’re not where you want to be. No matter how many good vibes you send into the world, you have to face reality. Figure out exactly where you are now, and accept that place as your new square one. This will give you a solid base from which to start and get done what you need to get done.Turn your anger into action.Instead of grumbling about how unfair life is, put all of that mental energy to better use figuring out how you’re going to move on. Sure, you can be annoyed and mad, but if you obsess over negative emotions, your bitterness will seep into your job hunt and your life.Work on yourself.We all have areas that need improvement. What are yours? Take some time to identify your trouble spots- or even just places where you could broaden your awesomeness. Nothing boosts your self worth- or your resume- like targeting weaknesses and eventually turning them into strengths.This is the professional version of turning lemons into lemonade. Sit down with a piece of paper or a blank screen and list the reason why you might have fallen short. Take a moment to figure out what you can learn from where you’ve ended up. What can you do in the future to improve and not make the same mistakes? How can you be better?Solicit feedback.Hiring managers are often happy to help you along your journey. Ask what you could have improved in order to be a better candidate for the position you didn’t get. You can also ask mentors, bosses, and colleagues how they would rate your past job performance. See how people view you from the outside, and then work on the skills that you lack.Get to work.Okay, you had your pity party and have assessed your strengths and weaknesses. Now’s the time to muster all your positivity and motivation and really get out there to get things done. Do your homework: figure out what you need to do to end up in your dream job and start all over again. You’ll get there.

Ethical Steps in Decision Making Essay Example | Topics and Well Written Essays - 500 words

Ethical Steps in Decision Making - Essay Example As a psychiatric nurse, I work in the therapy section and yesterday while on duty, I was faced with a dilemma. I received young male patient, who had on several occasions attempted suicide. On checking his report, there was a record of symptoms pointing to severe depression. I thus consulted with the mental health nurse, who affirmed that indeed the patient had shown signs of depression during examination, moreover that the psychotherapist in charge was aware of the mild symptoms, but had advised against any further follow-up on the patient, who, he considered was experiencing a post-traumatic stress disorder. Confronted with a dilemma, I utilized the five steps involved in the ethical decision making process, so as to come up with a solution. The first step I took, as set forth by Aiken (104) was to analyze the data I had, in order to come up with relevant information concerning the situation. Thus, after an interpretation of the data I had, I noticed that the patient had displayed several suicidal attempts in the past single month. I therefore concluded that, the physician had let the symptom pass. I thus went on to take the second step, which involves spelling out the dilemma at hand, as suggested by Aiken (104). I was torn between administering therapeutic treatment meant for depressed patients in order to prevent possible harm after discharge, or discharge the patient after slight recovery, as ordered by the doctor, since the mild symptoms had been treated. I was thus left with the option of moving on to the third step. This involved the identification of all the causes of action that can be taken, without emphasizing on the possible results (Aiken 104). I thus followed my judgment, in line with the best interest of the patient. Considering that the psychotherapist had chosen not to order a therapy meant for depressive patients, I went to the chief physician and made known my findings. Thereafter, I examined the merits and demerits that

Anheuser-Busch and Harbin Brewery Group Case Study

Anheuser-Busch and Harbin Brewery Group - Case Study Example Harbin Brewery acquisition cost was the highest in China years 2002-2004 and accounted for $28.4 mm. Harbin Brewery was the leader in selling beer in all three segments in Heilongjiang where the per capita consumption was 36 liters, double the national average. However, the high consumption rate has left no opportunity for further growth and the company was forced either to live with the existing sales level or to expand nationally. The acquisition by Anheuser-Busch allowed Harbin Brewery to meet its growth objectives and gain national identity. B/C. Governance and Top Management: Anheuser-Busch, being very interested in expanding to China, has experienced the number of small and big acquisitions of the national and regional breweries. Chinese beer market is very fragmented and the top five firms account only for 38 percent of the market. Anheuser-Busch has bought the minority ownership position in the Tsingtao premier brewer on 2002 in order to gain the access to brewing capacities and distribution channels. Harbin Brewery Group has also experienced numerous ownership changes since 2001. In 2002 the firm has went public with 41 percent of shares distributed to public. On June 1 2004 Anheuser-Busch held 37.4 percent in Harbin. The current CEO of Harbin is Peter Lo who has supported the acquisition of his firm by Anheuser-Busch and is expecting to experience significant expansion of Harbin brands on the national and international markets. II. External Environment (Opportunities and Threats) A. General Environment: Chinese beer market is the greatest in the world since late 1990s with the solid sales growth of more than 40 percent in the recent five years. With the largest sales volume globally, the average sales price is still relatively low, confirming the growth potential for domestic and foreign brewers. In addition, there is significant growth in the target population for beer and rise in the average income. Chinese consumers do not have loyalty to the particular brands, while they favor the domestic brews (99.5 percent of all consumed beer). The acquisition of Harbin by Anheuser-Busch and low level of competition, gives the company the opportunity to gain the loyalty of major segment of beer consumers. B/C. Industry Environment and Summary of External Forces: In overall the Chinese beer market is very attractive - the growth of sales and increasing number of consumers reduces the number of competitors. Even though the threat of substitute is high, the supplier power threat is not significant. Nevertheless, the manufacturing infrastructure and personnel problems make it almost impossible for Harbin to uniform the high quality of the product. III. Internal Environment (Strengths and Weaknesses) A/B Corporate Structure and Culture: The Harbin Brewery, as the part of Anheuser-Busch, did not change the structure and culture. Taking into account the current problems with personnel training and lack of skilled professionals, the workforce is culturally diverse. C. Organizational Activities Analysis: Harbin is not outperforming its competitors (Tsingtao, China Resources Enterprises, Beijing Yanjing Group, and Guangzhou) from both financial and market