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LAWS 6035 Legal And Ethical Issues

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LAWS 6035 Legal And Ethical Issues

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Course Code: LAWS6035
University: Fanshawe College

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Country: Canada

Question:
1. Library staff members in two cities filed complaints with the federal Equal Employment Opportunity Commission (EE0C) arguing that they were subjected to a “hostile work envi-ronment.” The libraries where they worked did not provide filter; on IntemetterminaLs  Staffers were forced to view offensive material on the screens of library users and por-nographic printouts left on library printers. Discuss the conflict between a hostile work environment and freedom of speech in this situation. Without considering the current laws, how would you resolve the conflict here?
 
2. A state legislator proposed requiring that the company that makes the game Pokdmon GO (see the box on risks to children in Section 3.2.2) prevent Pokdrnon creatures from appearing near the homes of registered sex offenders. Would such a requirement be a violation of the First Amendment? Explain. Would it be a good idea for the company to do so voluntarily? Explain. 
3. Read the member agreement or policy statement of a website that hosts user videos. Give the name and Web address of the site you chose, and briefly describe it if it is not a well-known site. What does its statement say about posting files that contain or use works of others without authorization?
 
4. Read these articles from Wired: Lance Rose, “The Emperor’s Clothes Still Fit Just Fine,” Wired, Feb. 1995, www. wireAl.com/1995/02Jrose-if/ Esther Dyson, “Intellectual Value,” Wired, July 1995, www.wired.com/1995/07/dyson-2 Write a short essay telling which author’s views about the future of intellectual property in the digital age have proved more accurate based on events in the years since they wrote the articles. 
Answer:
1. In the United States, equal employment opportunity commission is an authority which administers and implement the civil right law against the discrimination at the workplace (McGregor, 2018). In this study, two librarian staff filed a complaint to this commission. As in the library, various offensive materials displayed on the screens and also printout related to the pornographic.

 As per the freedom of speech, every person has the right to express the opinion without any restraint. However due to the behaviour and activity of the one person at the workplace, it creates the difficulty to the other members within the workplace, then it assists in the hostile work environment at the workplace.
For addressing such type of conflict between the freedom of speech and hostile work environment, I recommend implementing the jammer at the workplace, by which internet sites with sensitive or conflicting content can be banned. Since the library is considered as the educational area, therefore offensive material and pornographic has no relevance in the workplace, although some sexual education is required for the student, therefore before opening such websites, there should be a rule to obtain the justification from the student for the use.  Along with this, I suggest to the owner or the manager of the library would be responsible for any hostile work environment in the library which would affect the dignity of the staff and members.
By implementing all the recommendation conflict between the hostile work environment and the freedom of speech can be maintained. People can exercise their view, opinion without any prohibition and without making the environment of workplace discriminate.
2. Pokemon Go is the most attractive game for the children, but the game has motivated the children for physical activation. Therefore safety and the security issue become the one major problem in the country.
The first amendment of the United States states that the government cannot make any rule with respect to the setup of the religion; restrict the person from expressing their view, filing the petition to the government for their protest and so on, which leads to the enhancement of the freedom to the people (Coates IV, 2015).
Since the Pokemon Go already involved the number of children, and this game assists children to reach the sex offender, which creates the major safety issues for them.  Therefore the state legislator proposed that there is a requirement for the amendment in the Pokemon Go game, which prevents Pokemon creatures from appearing near the home of the registered sex offender. In this proposed amendment, there is no violation of the first amendment as this amendment leads to the safety of the children (Lewis, 2017).  Along with this, the company also voluntary change in the game by which the sex offenders will not be eligible for registration under this game. However, there are many ways, by which the offender can find the ways to reach victi. Therefore the government should take the steps in this issue so that the children can be protected from the technology and also regularly evaluate this type of issue.
3. The name of the selected website that hosts the user videos is Archive.Org, which is the non-profit making digital library. The primary purpose of this website is to provide knowledge to the people on a universal basis (Vidyavathi, & Begum, 2016). The company earned the funds through donations, grants, several partnerships and in other similar ways.  The company offers the digitalized material which includes the game, images, software applications, movies and various videos to the public at the free of cost. Moreover, around three million people reserve their domain on this website.
On the cited website, every person can upload the video or media content for free of cost along with this company also carried out its operation with various partnership so that the website preserve the copies of work of the partnership in a special collection. The website provides the terms of the agreement before presenting the information by any person, only after agreement with the compliance of the terms; the person can post their information on this website (Archive.org, 2018). Further, the services of this website are authorized, the person after providing the true, reliable and the complete information can get the password from the website. Therefore, no unauthorized person can get interfere with the content. Moreover, the company is regulated by the local, national or international rules and regulations. Therefore it is mandatory for the person to follow all the laws including the intellectual property laws or the copyright law, which prevents the copy of the content by the person.
4 . According to Lance Rose, there are significant challenges in the copyright system, particularly in the digital world. Since copying the original work does not needed very heavy investment, and the infringement of such content is an easy job, and it cannot be prevented by copyright laws (Rose, 1995).
According to Esther Dyson, a copy of the intellectual property is very easy. Therefore it is the best for the information provider to provide the intellectual property free for the enhancing the sale and services. However, it is on the decision of the information provider what should be charged or what should be free, by ascertaining the other competitive market and the expectation from the customer (Dyson, 1995).
I think the opinion of the Esther Dyson is good as compared with the Lance Rose, as Esther Dyson said that the provider of the content should manage its business. If the provider provides the content without any charges with the objective to build the relationship with the customer, then by selling of the ancillary product and service can cover the cost of the content. Along with this, on the net by maintaining the relationship with the user such as by the subscription or the membership can assure continuous, honest and the timely content.
References: 
Archive.org, (2018) Retrieved from < https://archive.org/about/>.
Coates IV, J. C. (2015). Corporate speech & the First Amendment: history, data, and implications. Const. Comment., 30, 223.
Dyson, E., (1995). INTELLECTUAL VALUE. Retrieved from < https://www.wired.com/1995/07/dyson-2/ >.
Lewis, A. (2017). A public right to know about public institutions: The First Amendment as sword. In Media Freedom and Contempt of Court (pp. 35-60). Routledge.
McGregor, E. B. (2018). Social equity and the public service. In Diversity and Affirmative Action In Public Service (pp. 23-37). Routledge.
Rose, L., (1995). THE EMPEROR’S CLOTHES STILL FIT JUST FINE. Retrieved from < https://www.wired.com/1995/02/rose-if/ >.
Vidyavathi, B. M., & Begum, H. (2016). An Efficient Web Recommender System for Web Logs. International Journal of Computer Applications, 152(3).

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