Supreme Court of the United States - Wikipedia
At a session of the Public Service. Commission held in originally had an effective date of August 1, The tariff customers, a violation of Public Service Law (PSL) §e. Information Case W, Great Expectations, LLC – Rates, Order October 10, to all customers of record informing them of the initial. In the recent case of Noor v CRC  UKFTT (TC), the First-tier of services made more than six months before the date of registration. HMRC submitted that given the lack of a written record of the call The tribunal relied upon the decision of the High Court in Oxfam v CRC  STC The terms medical record, health record, and medical chart are used somewhat Active records are usually housed at the clinical site, but older records are often archived It may have dates of operations, operative reports, and/or the detailed . This rule was established in the United States Supreme Court case Jaffe v.
United States that bootleg phonorecords did not constitute stolen property. Instead, "interference with copyright does not easily equate with theft, conversionor fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: The word itself had already been in use since the 16th century, referring to pirates, and meant "looting" or "plundering". This form of the word — a portmanteau of " freeloading " and " bootlegging " — was suggested by YouTuber and podcaster Brady Haran in the podcast Hello Internet.
An alternative proposed by co-host CGP Grey is viewjacking. Some of the motives for engaging in copyright infringement are the following: For example, inthe US Army settled a lawsuit with Texas -based company Apptricity, which makes software that allows the army to track their soldiers in real time.
The statement occurred during the third year that the festival used the Internet to present its content, while it was the first year that it featured a showcase of content producers who work exclusively online. Cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free: I think that if companies were willing to put that material out there, moving forward, consumers will follow.
It's just that they [consumers] want to consume films online and they're ready to consume films that way and we're not necessarily offering them in that way. So it's the distribution models that need to catch up. People will pay for the content. The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios.
Although about three million computers get sold every year in China, people don't pay for the software. Someday they will, though.
Medical record - Wikipedia
And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcements toward digital piracy.
A visitor from the west gave her bootlegged copies of American movieswhich she dubbed for secret viewings through Romania. In countries with copyright legislation, enforcement of copyright is generally the responsibility of the copyright holder. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement. Grokster case did not overturn the earlier Sony v.
Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned. If the work was produced under corporate authorship it may last years after creation or 95 years after publication, whichever is sooner.
Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages. In some jurisdictions, copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work.
When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ".
Such practices have had mixed results in the U. Criminal Copyright Law in the United States Punishment of copyright infringement varies case-by-case across countries. To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: The government must then establish that defendant willfully infringed or, in other words, possessed the necessary mens rea. Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works.
The ACTA trade agreementsigned in May by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement.
The ruling gave rise to what became known as the "LaMacchia Loophole", wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there was no profit motive involved. The court's ruling explicitly drew attention to the shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the Copyright Act.
Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming.
These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship. Noncommercial file sharing[ edit ] Legality of downloading[ edit ] To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use. The Copyright Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from a legally purchased CD for example to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented.
Rights-holder compensation takes various forms, depending on the country, but is generally either a levy on "recording" devices and media, or a tax on the content itself.
The subject dating service contracts assured that there would be no referrals and, even as the oral assurances given to claimant Roe of 12 introductions to be provided over the course of 36 months, failed to commit to any number of introductions in any given month.
Turning to the issue of damages, the Dating Service Law states that "[a]ny person who has been injured by reason of a violation of this section may bring. This court had its opportunity to "view the witnesses, hear the testimony and observe demeanor" People v Bleakley, 69 NY2d; see also, Northern Westchester Professional Park Assoc.
In this case, each claimant, both appearing to be intelligent, well-spoken and attractive professional women, carefully negotiated the services to be provided. Given the foregoing, it is determined that the claimants are entitled to a full refund as restitutionary damages. Logic indicates that the amendment "evened the playing field" by offering a single remedy of restitution to a consumer, which could be achieved by the alternate routes of commencing an individual suit or filing a complaint with the Attorney General.
It then follows that the Legislature, by adding the "actual damage" language to the statute in did not erode New York State's commitment to protect consumers from price gouging by dating services.
However, such contracts may no longer simply be set aside as contrary to public policy, as was done in the decision based upon an earlier version of the Dating Service Law Chassman v People Resources, supra, Misc 2d at [given the then existing "statute's silence as to the penalty for noncompliance.
If such contracts were to be enforced. Based upon the foregoing, the court awards actual damages of the face amount of the contract to each claimant, with interest to commence on the date of the contract payment.
A failure to return personal materials could well lead to adverse consequences outside the scope of this litigation. As to the exercise of such discretion, in a opinion, the Advisory Committee wrote 1 that the "desirability or appropriateness. The court considers the following factors: As to the manner of the report, it shall be accomplished by forwarding a copy of this decision to the appropriate public officials.
Prior to the issuance of a judgment, the name of the defendant in each case is amended to reflect that the defendant Great Expectations is also known as GE Management Group of NY, Inc. The boiler plate printed form contracts have standard terms, reciting that plaintiff would receive a "photo shoot, video, workbook on dating, counseling, background checks, [and] dating etiquette" para 2 [a]and that the defendant "will provide zero number of social referrals" and "is not promising to furnish the Member with any social referrals and the Member does not desire or expect the Company to furnish social referrals" para 6 [capitalization in original contract removed].
The text of the personal shopper membership paragraph does not identify what additional services would be provided nor set forth any assurances regarding introductions para 2 [a]. Although the printed text of both contracts was identical, Ms. The patient, Margaret MacDonald, won a court order granting her full access to her own medical record.
McInerney maintained that she didn't have the right to release records she herself did not author. The courts ruled otherwise. Legislation followed, codifying into law the principles of the ruling. It is that legislation which deems providers the owner of medical records, but requires that access to the records be granted to the patient themselves. It states, amongst other things, the statutory duty of medical personnel to document the treatment of the patient in either hard copy or within the electronic patient record EPR.
Not So Great Expectations: Dating Site Returns Thousands For Lack Of Dates
The information must include virtually everything that is of functional importance for the actual, but also for future treatment. This documentation must also include the medical report and must be archived by the attending physician for at least 10 years. The law clearly states that these records are not only memory aids for the physicians, but also should be kept for the patient and must be presented on request. In addition, an electronic health insurance card was issued in January which is applicable in Germany Elektronische Gesundheitskarte or eGKbut also in the other member states of the European Union European Health Insurance Card.
It contains data such as: Furthermore, it can contain medical data if agreed to by the patient. However, due to the limited storage space 32kBsome information is deposited on servers.
- Medical record
- Copyright infringement
- Doe v Great Expectations
United States[ edit ] In the United Statesthe most basic rules governing access to a medical record dictate that only the patient and the health-care providers directly involved in delivering care have the right to view the record. The patient, however, may grant consent for any person or entity to evaluate the record. The rules become more complicated in special situations.
A study found discrepancies in how major hospitals handle record requests, with forms displaying limited information relative to phone conversations. Those without capacity include the comatoseminors unless emancipatedand patients with incapacitating psychiatric illness or intoxication. Medical emergency In the event of a medical emergency involving a non-communicative patient, consent to access medical records is assumed unless written documentation has been previously drafted such as an advance directive Research, auditing, and evaluation Individuals involved in medical research, financial or management auditsor program evaluation have access to the medical record.
They are not allowed access to any identifying information, however. Risk of death or harm Information within the record can be shared with authorities without permission when failure to do so would result in death or harm, either to the patient or to others.
Information cannot be used, however, to initiate or substantiate a charge unless the previous criteria are met i. MacDonald gave patients the right to copy and examine all information in their medical records, while the records themselves remained the property of the healthcare provider.
There is also some confusion among providers as to the scope of the patient information they have to give access to, but the language in the supreme court ruling gives patient access rights to their entire record.