Uniloc USA, Inc. v. Microsoft Corp. Patent Infringement
Uniloc USA, Inc. v. Microsoft Corp. patent infringement case was filed originally in 2006 in U.S. District Court for the District of Rhode Island. Uniloc is a copy protection and computer security software company. It was established in 1992. This company operates on patent-based technology given to Ric Richardson. Uniloc develops try and buy applications which is distribute through magazines. They apps are also preinstalled in new computers.
In this case, the controversial patent was 216 patent. In the US, it is patent number 5,490,216. This is a software registration system deterring users of the software from copying it to other computers. According to Uniloc, Product Activation Feature of Microsoft infringed this patent.
The Product Activation Feature of Microsoft acts as a gatekeeper for different Windows operating systems as well as the Microsoft Office products. Users are required to enter a key with 25 characters in this product. The key is an alphanumeric key. Based on this software, it forms a Product ID and then a Hardware ID is generated from the computer information.
After initiating Product Activation, digital license is requested from Microsoft via the internet. In a remote location, the information is entered into an SHA-1 Windows products’ algorithm or MD5 message digest algorithms for the Office products.
Both software pieces hinder copying of the software casually and users install the copies of program in multiple computers. This violates the conditions of software license. According to Uniloc, Microsoft uses algorithms in the product activation application that infringe its patent.
Microsoft and Uniloc used product key with an aim of reducing unauthorized copying of their software. The district court granted a summary judgment that declared that Microsoft did not infringe patent of Uniloc. However, Uniloc appealed the ruling of the district court in the United States Court of Appeals for the Federal Circuit. This court reversed the ruling and the decision was remanded.
In remanded case, the district court returned the infringement verdict. The court found that infringement by Microsoft was willful and therefore it rewarded Uniloc damages worth $388 million. However, district court allowed for a new trial on willfulness and infringement and other motions after the post-trial motions. Uniloc appealed again.
The new infringement trial was reversed by the United States Court of Appeals for the Federal Circuit but it affirmed the lack of evidence on the side of Uniloc to prove that the willfulness. A new trial for damage costs was granted.
Later, Microsoft and Uniloc reached a mutually agreeable settlement and the terms of this resolution were kept secret.
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TiVo Inc. v. EchoStar Corp. Patent Infringement
TiVo Inc. v. EchoStar Corp. patent infringement case was presented in the United States District Court for the Eastern District of Texas as well as the United States Court of Appeals of the Federal Circuit. The case took place between 2004 and 2011.
In this lawsuit, TiVo Inc. was suing EchoStar Corp. claiming that it had infringed its DVR technology patent. Several issues were addressed during the litigation. They included product redesign infringement, injunctions wording, patent infringement, contempt sanctions and court orders’ contempt.
A permanent injunction was issued by the court against EchoStar Corp. However, EchoStar appealed against this judgment in the United States Court of Appeals for the Federal Circuit. The infringement judgment was reversed by the Federal Circuit court after review due to hardware claims. However, infringement due to software claims was affirmed by the court. The injunction issued by the District Court was maintained during the court of appeals’ proceedings.
According to the court, EchoStar Corp was not only in contempt of the court due to its non-compliance with the injunction, but it had also infringed the patent of TiVo Inc. EchoStar appealed against the contempt of court judgment in the Federal Circuit. However, EchoStar Corp arguments did not move the court.
The court affirmed the ruling and EchoStar was mentioned for rehearing at the en banc. After review, en banc Federal Circuit noted that KSM test could not work and it established a new post-infringement contempt proceeding test. The existing contempt test was replaced by the court with a one-step test. This simplified test made it difficult for holders of patent to prove contempt due to repeat infringement.
Upon vacation, en banc Federal Circuit remanded infringement provision of a permanent injunction. However, it affirmed the contempt judgment in respect to violation of Disablement provision. This implied that court held EchoStar in contempt of court. However, the two parties in the case reached an agreement, EchoStar Corp. paid licensing fee to TiVo Inc.
On 29th April 2011, the companies reached a settlement worth $500 million. EchoStar Corp. accepted to license TiVo Inc.’s DVR technology. Additionally, the pending litigations were set for dismissal with prejudice and injunctions dissolved. However, en banc federal did not dismiss the Federal Circuit appeal since a decision had been reached before a settlement. Thus, all parties were free on remand to ask the District court to dismiss complaint and to vacate sanctions that had been imposed before die to settlement.
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Diamond v. Chakrabarty Patent Infringement
Diamond v. Chakrabarty patent infringement case was heard in the United Sates Supreme Court in 1980. The case entailed the patentability of genetically modified organisms. Genetic engineer known as Ananda Mohan Chakrabarty developed a bacterium called Pseudomona putida while working with General Electric. The bacterium can break down crude oil which made it suitable for treating future oil spills.
Chakrabarty was listed as the investor of the bacterium by the General Electric when the company applied for patent. However, patent examiner rejected the application on the basis that patent law of that time considered living things as not being patentable subject matters. The examiner quoted Section 101 of the Title 35 U.S.C.
Although the Board of Patent Appeals and Interferences upheld the initial decision, the United States Court of Customs and patent did not. It overturned this case in favor of Chakrabarty noting that for the purposes of patent law, the fact that all micro-organisms are living things does not have legal significance. Sidney A. Diamond who was the Patents and Trademarks’ commissioner made an appeal to Supreme Court. This case was deliberated on 17th March 1980. A decision was made on 16th June 1980 and on 31st March 1981, USPTO granted patent.
In the decision that was made in Chakrabarty’s favor, the court noted that a live micro-organism made by human under Title 35 U.S.C, 101. The micro-organism of the respondent constituted of a composition of matter or manufacture within the statute. The decision was written by Warren E. Burger, the Chief Justice. Others who joined him were Potter Stewart, William Rehnquist, John Paul Stevens and Harry Blackmun.
According to Burger, the case presented to the court was narrow according to the interpretation of Title 35 U.S.C, 101. The title allows individuals or entities who discovers or invents useful and new processes, machines, matter’s composition or manufacture whether new or improvement to obtain patent for them under the conditions stipulated by the title.
The judges cautioned the court against reading conditions and limitations in the patent laws which had not been expressed by the legislature. The court observed that when congress chose expansive terms such as composition of matter and manufacture and later modified to any, was a plain contemplation of the wide scope of the patent laws. The court concluded that congress intended to include anything under the sun that is man made in the list of patentable subject matter.
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Aro Mfg. Co. v. Convertible Top Replacement Co. Patent Infringement
Aro Mfg. Co. v. Convertible Top Replacement Co. patent infringement case was presented in the United States Supreme Court in 1961. While deliberating on this case, the Court redefined repair and reconstruction doctrine of the U.S patent law. The decision made by the Court is known as Aro I in some cases because some years later similar issues were readdressed by the Supreme Court in another case in 1964 in which similar parties were involved.
In controversy in the case was about fabric top replacement in a convertible automobile’s roof assembly. After sometime, fabric tops of a convertible would become discolored and torn due to droppings from birds. Owners would like to replace the part of the tops that is made of cloth without having to purchase the entire top assembly of the convertible.
The patent would cover some metal parts and the cloth that would be serviceable. Aro supplied replacement cloth that would fit different car models. Patent infringement arose when Aro refused to pay patentee a royalty fee.
Before the Supreme Court made a decision in Aro I case, buyers of patented products replaced the components of the products. The lower courts in the U.S decided whether this conduct was permitted as a repair or an impermissible reconstruction of patented article using complex and multi-factor balancing test. When making the decision, the courts had to weigh several factors including cost of replaced components against the relative components of the whole article, replaced components against the overall number of the components, life span of the components and essence of the replaced components, as well as whether the replaced component was the gist of the entire invention.
In its opinion, the court of appeals said that the main issue is not relatively expensive or minor component of patented combination or element that is expected to wear out after some years of use despite having an expectable life span that is shorter than life span of other components. For this reason, the court concluded that the owner would or would not rationally believe that a minor repair was being made while replacing worn out fabric. Instead, this replacement would account for a major reconstruction.
However, few precedents of the Supreme Court had a broader analysis than foregoing the factor analysis. The Court noted that distilled essence of the case originated from a ruling by Judge Learned Hand who stated that patent monopolists should not hinder their buyers from reconditioning articles that are worn out by use unless if they make new articles. On this basis, the court rejected factor analysis approach used by the lower courts on reconstruction and repair.
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Measures to Enhance Euro Zone Recovery
The European Union together with the euro area have responded to the euro crisis by coming up with measures that will help improve financial stability, improve economic governance and support employment and growth. The financial and global economic crisis that started in 2008 has left a profound impact on the EU as well as its member states’ economies.
The public debt crisis that came in the wake of the crisis exposed the fact that there was structural weakness in the European economies like unsustainable levels of private or public debate and declining competiveness. In addition to this, it revealed systematic shortcomings in the monetary and economic union itself.
In response to the crisis, European institutions and governments took a range of measures that were aimed at safeguarding the financial stability of the Euro and strengthening institutional architecture f the EU and the euro area as a whole. They came to an agreement about comprehensive economic governance reform for purposes of avoiding the occurrence of similar shocks in the future.
Positive fragmentation and sentiment
During the first half of 2014, there are three economic developments that have taken place in the euro zone.
- Acute phase of Euro crisis has come to an end officially. Countries that are worst affected like Portugal and Greece have found their way to the capital markets and spread on bonds of the crisis in these countries declined even further. Portugal also followed the Ireland example by leaving the program for bailout. The euro zone has continued to grow as a whole while the sentiment indicator is used as the yardstick for economic expectations.
Several factors are driving the recovery of the euro zone such as the introduction of accommodative monetary policies by the ECB June aimed at addressing the crisis. The goals of ECB are those of countering deflationary tendencies and supporting lending to the real economy. The ECB package includes the following:
- Low key interest rates
- Offers for cheap bank loans on the terms that lending to corporate is increased.
- Imposing of a negative interest rate which should be on bank deposits that are made overnight by the ECB
All these factors add up to a range of monetary stimulus programs aimed to aid in recovery of the euro zone. The ECB has also made a commitment to introduce some additional measures which might be unconventional if it sees any risk that might lead to a season of low inflation.
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Effects of Euro Zone Crisis on US
The euro crisis isn’t just a predicament facing the Euro Zone but rather, one that affects the global economy. The crisis hit in 2008 leaving behind an unprecedented history and affecting the global economy disrupting world order. No one knows for certain the duration the crisis will last or what kind of end result impact it will have on the global economy.
Spain, Portugal, Italy, Greece and Ireland are among the countries that have the largest GDP debt ratios and huge unsustainable fiscal deficits. The recent Standard & Poor’s cut rating by the United States cut the credit ratings of 9 Euro zone countries.
Austria and France got stripped of their Triple A status that was coveted by many countries and it also downgraded the rescue fund (EESF) one notch to AA+ from an A. This downgrade was an echo of the views held by Germany, the only euro zone major country to have retained its top position. In accordance to Standard & Poor’s, such downgrade was inevitable taking into account the cuts in creditworthiness of Austria and France two guarantors of EFSF.
The EFSF was set up in May 2010 by seventeen governments sharing the same currency in order to make provision of emergency loans to some of the countries that were needy. It boasts of having an effective lending capacity of five hundred billion Euros which is based on eighty billion Euros and a callable capital that amounts to six hundred and twenty billion Euros.
Europe is also a key trade partner with North America and China as such the crisis also has a major impact on the economies of these two countries. Apart from the slowdown, governments can also decide to reduce spending and cut their budgets which can lead to unemployment. Such factors will also serve to bring the euro into an even much more deep recession.
The default by Greece had been in the offing since the crisis struck after talks between creditors and the Greeks down. Greece was supposed to come into agreement with private sectors so it could accept its voluntary losses on Greek bond holdings.
The European countries have already embarked on policies that will help with deficit cutting and which might damage the prospects by drawing out the demand of the economy. According to OPEC (Organization of Petroleum Exporting Countries) the worsening state of the euro zone crisis will affect the demand for oil. The crisis is also expected to impact consumption of oil from emerging economies driving increased global usage of fuel.
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Effects of Euro Zone Crisis on South Africa
The euro zone crisis posed a serious and real threat to South Africa’s economy. By January 2013, South Africa businesses had estimated a loss of US$ 15 billion in revenue because of the crisis. With 4 out of every 10 businesses affected on a global scope, there was an increase in the number of businesses that chose to make investment elsewhere.
An International Business report that was published by Grant Thornton’s estimated that the crisis wiped out $ 2trillion off revenues on a global scope and the effect would have a long term effects for EU business prospects which in turn would choose to carry out less trade in the country.
Towards the end of November 2011, 505 of finance professionals in South Africa felt the euro crisis had impacted their businesses negatively while another 28% claimed they expected their businesses to get affected by the crisis.
The crisis still poses a serious threat to the economy and the most optimistic Europe scenario translates to bad news for the country’s trade with Europe. The possibility of South Africa benefiting from Euro trade is therefore dampened unless there is employment of new growth strategies and alternate trade partners found.
At least a third of manufactured exports from South Africa are purchased by European countries. This means that the economy is heavily dependent on the European countries and though there are slight improvements noted in the euro zone economy, it is likely that recession will continue. This is especially true in the face of tightened bank lending conditions and widespread fiscal austerity. It is because of reasons such as these that the demand for exports from South Africa by European countries will continue to go down.
The expanding economies of Asia are however providing a source of demand for local exports from South Africa. Though this is the case, the demand is of raw materials and commodities rather than manufactured goods and this has also put a strain on South Africa’s manufacturing industry.
While the South Africa government has faced all these challenges, it has proven that it is willing to take the necessary actions needed to cushion its economy from the economic slowdown experienced globally. It has put in place national budget and policies that are geared towards creation of an environment that is conducive to allow growth of the economy.
However, for the plans to be effective there is need to put in place greater controls on government spending in order to ensure funds are used effectively.
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Effects of Euro Zone Crisis on Singapore
The total trade amount in Singapore is 3 times its GDP making it one of the most open economies in the world. The euro zone crisis has been described as the major risk the country is facing especially in respect to its financial and economy systems. The Central Bank in warned that the nation needed to brace for ‘adverse turn of events’ in August 2011.
At that time, Monetary Authority of Singapore managing director, Revi Menon said that any deterioration of the euro zone, which was the biggest export market, would hurt the economy and also lead to dry up of bank credit.
When the euro crisis broke out, the euro zone governments made the necessary steps that were needed to reverse the state of things. However, the government of Singapore warned its citizens to prepare for adverse turn of events. Some of the immediate effects that were as a result of the crisis included the following:
- A shadow in financial markets after Spanish borrowing prices hit a high in the midst of fears Madrid would be in need of a fully blown out bailout.
- Singapore experienced a dry up of credit account as was the case in the aftermath of the United States bank Lehman Brothers which happened in 2008 leaving global markets completely hammered.
- Retraction of euro zone banks trade activities not only in Asia but in global and local banks as well that stepped in to fill the void.
- As an international financial center, Singapore braced itself for excessive outflows and inflows of capital and this impacted the Singapore dollar.
The EU is known as the largest trade partner for Singapore and as such, slowdown in trade with the region means that the recession spectre will only rise higher. The markets are therefore expected to pay special attention to the markets. The manufacturing industry in the country makes a quarter of the GDP which is the measure of value of the state of economy in the city.
Revi Menon, in 2012 August however said that the state of economy in Singapore was on the right track and that the financial system was sound. However, he also warned that people should prepare themselves to brace any storm they might be exposed to. Between 2013 and 2012, the economy was 1.0 and 3.0 % from a 4.9% that was recorded a year earlier.
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Apple Inc. and Samsung Electronics Co., Ltd. Patent Infringement
Law suits between electronic manufacturing companies have become rampant in the Federal Courts. One of the widespread lawsuits was between Apple Inc. and Samsung Electronics Company limited. The case was based on the dispute between the design of smartphones and tablet computers between the two companies. More than half of smartphones were sold globally as of July 2012. Apple had begun to litigate against Samsung in a patent infringement suit whereas; Apple and Motorola Mobility were engaged in a patent war on several instances.
Design patents took core stage in the epic battle between two great electronic companies in the world; Apple Inc., and Samsung Electronics Company. What took place was a dispute centered on design rights between two titans in the electronic world. The case grip was felt not only in the legal fields, but also in the conventional media and press. The case came at the right time and more so during the advanced design era of smartphones and tablets.
In April 2011, Apple filled its complaint against Samsung in the U.S District Court of California. Apple accused Samsung of infringing eight utility patents, six trade dress rights and seven design patents. Apple trimmed its allegations down to three utility patents, four design patents and four trade dress rights and this was after the urging of Judge Koh. Apple claimed that its intellectual property rights have been infringed by two Samsung tablets and 26 Samsung smartphones. Apple clarified that Samsung’s new acquired status was as a result of, copying its lavish product designs.
Apple repeatedly used different demonstratives at the trial to make its claims clear. It required the jury to look at the difference in appearance of the widely acclaimed and commercialized Samsung smartphones before and after the 2007 apple’s iPhone. To clarify their patent infringement allegations, Apple presented to the jury four asserted design patents.
This includes U.S patent Nos. D593, D618, 677; D504, 889 and D604, 305 whereas the D’087 and D’ 677 patents were both send to the ornamental appearance of the front part of the smartphone. The D’889 appeared on the overall appearance of the Samsung tablet. There are more features that Apple that claimed Samsung copied from them to come up with more unique designs.
When the functional element argument was brought forward, Samsung argued that all the asserted Apple design patents are “invalid” due to the fact that each claimed trait in the designs is functional and not ornamental. The basic coverage on the law of design patent infringement was also employed in the case. The first patent infringement test was laid down by United States Supreme Court in 1871 in Gorham Co.v. White. On the Apple Inc. and Samsung Electronics co. ltd patent infringement case serves a meaningful data points that can aid in reference in case of a similar case.
The jury was made in regard to distinctive findings on the difference between the patents and accused products. Apple is seeking $2 billion on damages. The trial began on April 2014 and by May 2nd 2014; Samsung was instructed to pay $119.6 million to apple for patent infringement on its smartphone designs. This is a good lesson to manufacturers of many electronics in the world as no one wants to be the design team for its rival corporation.
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Asgrow Seed Co. V. Winterboer Patent Infringement
Many companies offering solutions to farmers in the globe have been established, but many have not been able to protect their inventions. Cases of patent infringement have been reported now and then, however, the case of Asgrow Seed Company against Winterboer was widespread and opened eyes of many corporations. The Plant Variety Protection Act [PVPA] of 1970 is a great act that many companies have relied on for many years. Asgrow is one of the widely acknowledged companies that have embraced the act by filling a patent infringement case against Winterboer.
Asgrow Seed Company held two plant variety protection act [PVPA] certificates protecting different variety of soybean seed. These two certificates act as patent presenting a great way to promote research on new varieties of plants and to protect the owners of the seed varieties from any unauthorized sales. There is an exemption for farmers who sell seeds to other farmers who core occupation is growing crops for sale. In 1990, Winterboer planted
Asgrow soybean variety and harvested 256 acres of land. Winterboer then sold the enough seeds to plant 1000 acres of land to many other farmers.
Asgrow did not take these actions by Winterboer as appropriate and claimed that the PVPA prohibits anyone from selling seeds more than would be needed to replant in his own land. This means that Winterboer sold what could not be planted in his respective land. Winterboer argued that the protections in the PVPA statute protect sales of unlimited amounts of seeds as long as both seller and buyer are able to grow crops primarily for “other than reproductive purposes”.
The case of Asgrow Seed Co. V. Winterboer was widespread and many people whether entrepreneurs or farmers want to see which side the federal court will rule in favor of in the case. The district court ruled in favor of Asgrow Seed Company; however the United State Court of Appeals for Federal Circuit reversed and disavowed Asgrow’s petition for rehearing of the case. If you are still wondering, whether the quantity of protected seed that a farmer can sell under the protections in the PVPA is limited to the amount of see the seller would require to replant on his own fields, then this case of Asgrow Seed Co. V. Winterboer offers exceptional solutions.
The best answer to your question regarding the amount of seeds to sell as compared to want to replant in your fields is; YES! In a decision authored by Justice Antonin Scalia, the court showed that a farmer may sell for reproductive purposes only such seed as he or she has saved for the purpose of replanting in his or her own land.
On the other hand, Plant Variety Protection Act [PVPA] statute allows farmers to save seeds to replant and then sell that saved seed to other farmers, it also bars growing protected seed as a “step in marketing” it as a seed for planting. The Federal court held the case because Winterboer’s planting and harvesting was conducted specially to market Asgrow’s protected seeds varieties. Winterboer surrendered eligibility for the PVPA exemption and infringed on Asgrow’s protective certificate patents.
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Martha Stewart Insider Trading At Imclone Systems
Martha Steward is a business connoisseur popularly known for the insider trading scandal at Imclone Systems. She is the founder and CEO of the widely acknowledged Martha Stewart Living Omnimedia Inc. a company known for its interests in television, merchandising, publishing, electronic commerce and related international partnership among other interests. In the early 2000s, Martha Stewart was accused of insider trading whereby she had sold four thousand ImClone shares one day before the company’s stock nose-dived.
The charges of securities against Martha were thrown away, she was still found guilty of four counts of obstruction of justice and lying to the key investigators. She was sentence to five months of prison, two years of probation and five months of house arrest. The insider trading case at ImClone systems was also filled with great vagueness as it relates to retributive determination and aspect of being innocent or guilty.
A lot of issues came up from this insider trading case and a lot has been debated on central moral and ethical issues that surround insider trading practice. In many countries, insider trading is illegal regardless of the inside information provided secretly. With regard to the Martha Stewart case, insider trading was clearly evident. For instance, Martha had been a stakeholder of the biopharmaceutical company ImClone system incorporated.
This is a company that focused on advance oncology care and had come up with a new drug design- Erbitux which would have a treatment for patients with colon cancer. The licensing application has been provoked and would result to ImClone lose on share price. Merrill , Lynch’s senior broker, Peter Bacanovic had informed Martha about the drastic market change likely to happen in ImClone’s share price via his assistant Douglas Faneuil .
Mr. Faneuil has specified that the Waksals had sold of their securities from ImClone. Mr. Sam Waksal the CEO of ImClone had made a call directly to Bacanovic one of his brokers and dumped his company share to avoid any financial losses. From the secret information, Martha Stewart sold all her securities that totaled to 3928. From the insider trading perspective, Martha Stewart had no real responsibilities to other shareholders of ImClone as she was not in an official position to interfere with the operations of the company.
It is a clear indication that there was not any infringement of fiduciary duty in this situation. Unfortunately, Martha Stewart did commit insider trading as she possessed material information about the ImClone financial crisis in addition to being deceptive to authorities of what information she was provided with. On top of this, she might have been convicted of insider trading by the Securities and Exchange Commission [SEC].
In the Martha Stewart case, she had information on the ethics surrounding trading of the stock, but it can be argued that she was not cognizant of the changing aspects surrounding the offence when she sold off her shares. Martha would have defrauded and misled her shareholders as they had been provided with false information on the amount of shares she would have sold. These actions indicate unethical behavior and define lack of integrity. The damages caused in such cases are evaluated as compensatory and punishing. Therefore, entrepreneurs should uphold to business law and ethics for exceptional growth of economy.
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Raj Rajaratnam Insider Trading At Galleon Group
Insider trading is an issue that has been quite rampant in the current business market. Crackdowns to pick out those involved in breaking business ethics have been helpful. The case of Raj Rajaratnam is one of the widely acknowledged incidences to date. Raj was found guilty of all 14 counts against him in the widely known case of illegal stock-tipping.
Raj Rajaratnam is a Sri Lankan American billionaire founder of the Galleon Group a hedge fund management firm. On October 16th 2009, Raj was arrested by the FBI on allegations of insider trading- a process of trading a public company’s stock or securities by an individual who has access to private information about a certain company. His actions led to the closure of the Galleon Group. On May 11, 2011 he was found guilty on all 14 counts of securities fraud and conspiracy.
The trial cases as a result of rampant crackdown on insider traders who were ruling the Wall Street, a promise made by Manhattan U.S attorney Preet Bharara. Prior to his arrest Raj Rajaratnam had claimed that Galleon analyst had an advantage over its competitors because most were trained as engineers and only focused on research. Adam smith, a former Galleon trader gave evidence at the Raj’s trial stating that the new York-based hedge fund grew its advantage through other means.
Raja emphasized that he was learning of revenue figures before they became public. Intel Corp. [INTC], Intersil Corp. and other publicly traded companies were some of the insiders and attested to the information provided by Adam Smith. In his testimony Smith stated that, research was sort of conducting homework ahead of time. He pleaded guilty of insider trading and agreed to cooperate with prosecutors. He further added that, getting the number was just more than cheating on the test presented.
The Raj Rajaratnam case was exclusive in the sense that, the prosecutors wiretapped their targets conversations through the phone a tactic used in crime investigations. 40 recordings of Raj were heard by the jurors and in some of the recordings he was heard gathering secrets from his confidential sources.
One of his sources revealed that, Akamai Technologies Inc. was going to lower its forecast. Raj Rajaratnam used inside information obtained from his sources to trade ahead of any public announcements that were to be made on forecasts, earnings, mergers or any spinoffs involving dozens of companies.
Rajat Gupta, the director at Goldman Sachs, and Kamal Ahmed, a Morgan Stanley banker passed tips to Raj through Adam Smith. The CEO of Goldman Sachs Lloyd Blankfein said that Gupta violated the company’s confidentiality by telling Rajarantnam about the company’s earnings and its strategic plans.
This was the most widespread and paramount case in US in the fight against insider trading. The case led to arrest of more business personnel who have violated the insider trading rules and ethics. For the prosecutors, it did or does not matter whether you are a paramount figure in the society or not. All arrests made have been handled appropriately to set a good example in the country and in the business sector.
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Advantages and Disadvantages of Shifting Cultivation
Coniferous forests are mainly comprised of coniferous or cone bearing trees like pines, spruces, firs and hemlocks. Leaves found on these trees can either be needle like and small or alternatively scale –like and most of them stay green throughout the year. All trees found in this type of forest are also softwoods as such they have the capability to survive acidic soil as well as cold temperatures.
These trees are mainly found in northern hemisphere though there are others in southern hemisphere. Those forests found in the northern hemisphere are known as boreal or taiga forests and covers large regions of North America from the Pacific all the way to the Atlantic. In addition to this, they also range across Scandinavia, northern Europe and Asia through to Mongolia and Siberia to northern Japan and China.
The temperatures in coniferous forests are -400C to 200C while the average summer temperatures are 100C. The precipitation in the region is 300 to 900 millimeters per year. Coniferous forests are generally known as regions that have long, cold and snowy winters while the summers are humid and warm. In addition to this, they also have seasons that are well defined with at least 4 to 6 months that are frost free.
This type of forest thrives in regions that have cool and short summers with winters that are harsh and long. The forests also do well in regions that have heavy snowfall that lasts for as 6 months. The needlelike leaves of coniferous trees have an outer coat that is flexible and soft usually pointing downwards making it possible for snow to glide downwards. An example of coniferous tree that is found in one of the coldest regions is larches. The tree is however unusually for this type of tree simply because it is deciduous and sheds its leaves during winter. Coniferous trees like redwoods, cypresses and cedars on the other hand are found in regions that are much warmer.
Coniferous trees, though they are ever green also shed their leaves eventually to grow new ones. The needles therefore fall to the floor of the forest where they form a springy thick mat and they decompose or break down with the help of threadlike fungi. The fungi aids in ensuring that nutrients from decomposed needles are absorbed back to the roots of the trees but since pine needles never decompose easily, the soil tends to be acidic and poor.
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Shifting cultivation is described as agricultural system through which an individual uses a given piece of land and abandons it later or alters its initial use after a short duration. It involves clearing the piece of land which is followed by a couple of wood harvesting or farming years till the fertility of the soil is lost.
The land is used till it becomes inadequate for crop production after which is it reclaimed by natural vegetation or alternatively gets converted to another kind of cyclical farming practice. Cultivation can also be stopped when the piece of land gets overrun by weeds. The duration the piece of land is cultivated is often shorter compared to the time the land is given to renew by lying uncultivated.
The most common type of cultivation used in this case is known as slash and burn which involves the slashing and burning of vegetation, woodlands and forests. Others clear the lands without any burning while some cultivators are migratory and they don’t employ any cyclical techniques on the given piece of land.
There are instances when no slashing is needed and especially where the regrowth is purely of grass. This is not uncommon especially when the soil is close to exhaustion and the land needs to lie fallow for some time. Eventually, a piece of land that was previously cultivated will once more be cleared of natural vegetation and used for purposes of planting crops once more.
Fields in stable shifting systems and established fields are fallowed and cultivated cyclically. Ideally this kind of farming is known as jhumming in India. Most of the fallow fields aren’t productive and during fallow period, cultivators will use consecutive vegetation species for construction and timber for fencing, clothing, firewood, ropes, medicines, tools and carrying devices.
It is quite common for nuts and fruit trees to get planted in fallow fields making some of the fallows orchards. There are also instances when tree species and soil enhancing shrubs get protected from burning and slashing in fallows. Some of the species have been found to fix nitrogen and fallows contain plants known to attract animals and birds hence they are important for purposes of hunting.
Note that the longer any piece of land gets cropped, the greater the loss of nitrogen and phosphorus, soil organic matter and citation exchange capacity. In addition to this, it also leads to increase in soil acidity, soil porosity and reduction of infiltration capacity as well as seeds that naturally occur from soil seed banks.
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Sustainable Management of Natural Resources
Human wellbeing and development is heavily dependent on the state of the natural environment. Natural resources are used to power our social and economic development and we rely heavily on different types of ‘ecosystem services in order to ensure the planet carried on to be healthy such as clear water, air, raw materials and food. This is also important for disease regulation as well as creating space for recreation.
While this is the case, the natural ecosystems of the world are under immense and increasing pressure to expand and provide sustainable supply of fuel, fiber and food among other commodities while making provisions for services that are related to clean water, air and biodiversity. Some of the areas that can be focused on to ensure natural resources are sustainably managed include:
- Economic and ecological interrelationships in management of ecosystems
- Assessment of ecosystem services
- Behavior and management of resource managers
- Bio-energy, climate change and carbon sequestration
- Optimal multi-use management of natural resources like forests and parks
Sustainable management of natural resources deals with management of how natural landscapes and people interact. It helps bring together water management, biodiversity conservation, water management and future sustainability of industries such as mining, agriculture, forestry, tourism and fisheries. It also recognized people and their livelihoods are dependent on productivity and health of our landscapes and the actions they take as stewards of the land are critical in maintaining the productivity and health of natural resources.
Sustainability emphasis is traced back to the earliest attempts at understanding the ecological environment of North American rangelands during the late 19th century. The analysis coalesced during the 20th century with the recognition preservationist conservation strategies hadn’t been effective in alteration of the declining natural resources.
A much integrated approach was later implemented that recognized intertwined cultural, political, social and economic aspects of natural resource management. The New South Wells government in 2005 published a Standard for Quality Natural Resource Management with the goal of improving the consistency of practice based on adaptive management approach.
In the US, effective areas of natural resource management include wildlife management which is associated with rangeland and ecotourism management. In Australia, water sharing like catchment management and Murray Darling Basin Plan are some of the most significant management projects. The management of natural resources can be grouped in accordance to the right and type of stakeholder such as state property, private property, common property, hybrid and non-property (open access).
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