Anything that must be copied in order to be useable Downloading a software Fair

Anything that must be copied in order to be useable

  • Test Prep
  • kellmargs2
  • 43
  • 100% (2) 2 out of 2 people found this document helpful

This preview shows page 13 - 15 out of 43 pages.

Anything that must be copied in order to be useable Downloading a software Fair Use What uses are ok? Academia- copy an article for reading Critique copy- needed for critiques/parody Reporters- saying something word-for-word what ‘s not ok- commercial use intended to make profit TRADEMARKS Trademark- Any distinctive word, phrase, symbol, or design adopted for the purpose of identifying the origin of goods being offered for sale Benefits consumers by acting as a symbol to identify goods they like Motivate businesses to improve quality of their goods or services over time to maintain good reputation Infringement Occurs when competitor uses a mark so similar to the owned ™ that purchasers of the competitor’s goods are likely to be misled CHAPTER 28- SECURITIES REGULATION What is a security? Tradable financial asset of any kind Stock- ownership in publicly traded company Bond- credit certificate Rights to ownership represented by an option Not limited to things identified as such in the contract SECURITIES LAW ACTS Securities Act of 1933 Regulated the initial issuance of securities by companies Fraudulent and deceptive practices outlawed Registration required before a new security could be offered or sold Unless that security was entitled to an exemption from registration Securities Exchange Act of 1934 Extended federal regulation to trading in securities already issued and outstanding Required registration of securities brokers and dealers Created the Securities and Exchange Commission (SEC) Federal agency that enforces the federal securities laws Allowed investors to sue companies for securities fraud under section 10(b)-5 INSIDER TRADING
Image of page 13
16(b) - any profits realized by an insider in connection with a purchase and sale of a security within a 6 month period is an illegal “short swing” profit. Any such profit may be recovered on issuer’s behalf Imposes near absolute liability Owner of company A buys shares on Jan 1st, sells shares (not necessarily same ones) within 6 months at a higher price, they are liable to forfeit their profit even if they did not use any inside info Rule 10b-5 - protects the investing public by preventing fraud and equalizing access to material information Applies to any purchase or sale by any person of any security- no exceptions Duty to disclose or abstain 1. Corporate insiders 2. Temporary insiders Attorneys Anyone working for the company Bankers 3. Misappropriators 4. Tipee of the first 3 categories Anyone involved with the exchange of information about the potential change in value of securities through insider info Anyone that has knowledge of the information Difficult to define concrete line of what is and what is not insider trading Sarbanes-Oxley (‘02) Stiffened penalties for securities fraud Created a new board to regulate audit firms- the Public Company Accounting
Image of page 14
Image of page 15

You've reached the end of your free preview.

Want to read all 43 pages?

  • Spring '08
  • Baker

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes