BUSN 311 APUS Law & Ethics in the Business Environment & IPs Discussion
Question Description
Question 1
For the following question, write an essay response. You must include APA7th ed. formatted sources in support of your essay in text and full references at the end to receive credit for your answer. Further — you must use Required Readings to receive full credit.
ESSAY QUESTION
YOUR ESSAY IS BASED ON THESE FACTS: George and Sophia are entrepreneurs who together own a limited liability company, SOPhiGEo, LLC. They are inventors and have invented a widget that can be plugged into a mobile phone or personal computer to detect unsolicited third party access of camera and/or audio recording features on the equipment and block it with a repeating loop of nonsense gibberish that can be stopped only by the widget’s primary user. This widget has a proprietary design and operating code. SOPhiGEo is calling it “LoktYU.”
ESSAY: Write an essay providing the following:
Identify and define the three types of intellectual property (IP) that SOPhiGEo needs to put in place to protect its interest in LoktYU. Be specific as to which aspect(s) of the invention will be protected by each type of IP. Further, explain how each type of IP is obtained and maintained, and how long the protection of each lasts.
Question 2
List the four (4) conditions for a negotiable instrument to be valid under under the Uniform Commercial Code (UCC).
Remember to provide the APA citation for the source for your answer.
Your essay questions require APA formatted citations of sources from your Lessons and Required Readings supporting your answers — NOT from random Internet sources! Failure to cite sources to support your essay answers will result in a -0- score for the question.
WEEK 1: THE FOLLOWING IS REQUIRED READING FOR THE COURSE. THESE MATERIALS WILL ASSIST YOUR RESEARCH FOR DISCUSSIONS, EXAMS/QUIZZES, AND PAPERS.
Byers, S. & Standberry, K. (2018). Business ethics. Chapter 1. Rice U. OPENSTAX at http://cnx.org/content/col25722/1.3
Government regulation and the legal environment of business. (2012). Saylor Academy. OER Creative Commons. https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/index.html
- Chapter 2- Sec. 2.2 – 2.3, beginning at https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s05-corporate-social-responsibilit.html
- Chapter 3 – Sec. 3.1 – 3.5, beginning at https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06-courts-and-the-legal-process.html
- Chapter 3 – Sec. 3.8, beginning at https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06-courts-and-the-legal-process.html
Forehand, M. (2008) Overview of a lawsuit. Findlaw. http://corporate.findlaw.com/litigation-disputes/overview-of-a-lawsuit.html
Wagner, A. (2017, September 26). What really motivates people to be honest in business. TED. YouTube. [Video File.]. https://www.youtube.com/watch?v=Qhomjw2P-V0 (13:28 min)
WEEK 2: THE FOLLOWING IS REQUIRED READING FOR THE COURSE. THESE MATERIALS WILL ASSIST YOUR RESEARCH FOR DISCUSSIONS, EXAMS/QUIZZES, AND PAPERS.
Moore, A. (2017). Intellectual property and information control: Philosophic foundations and contemporary issues. Routledge. Chapter 1. Available at http://faculty.washington.edu/moore2/cha1.pdf
What is intellectual property? (n.d.) WIPO. https://www.wipo.int/about-ip/en/ NOTE: From this page, follow links to further information about each type of IP.
Eisenberg. (2008). Patent law you can use, part I. Findlaw. Retrieved from http://corporate.findlaw.com/intellectual-property/patent-law-you-can-use-part-1.html
Chernoff, Vilhauer, McClung & Stenzel, LLP. (2008). Patent law you can use, part II. Findlaw. http://corporate.findlaw.com/litigation-disputes/patent-law-you-can-use-part-2.html
Eisenberg. (2008). Patent law you can use, part III. Findlaw. http://corporate.findlaw.com/litigation-disputes/patent-law-you-can-use-part-3.html
Huber, P. (2013, Autumn). Who owns the code of life? City Journal. [Web version.] https://www.city-journal.org/html/who-owns-code-life-13601.html
Klusty, T. & Weinmeyer, R. (2015). Supreme Court to Myriad Genetics: Synthetic DNA is patentable but isolated genes are not. AMA J. Ethics, 17(9), 849-853. DOI 10.1001/journalofethics.2015.17.9.hlaw1-1509. https://journalofethics.ama-assn.org/article/supreme-court-myriad-genetics-synthetic-dna-patentable-isolated-genes-are-not/2015-09
The truth about monopolies and anti-trust laws. [Video File.] https://www.youtube.com/watch?v=MeSFawZ_qNA (3:52 min, transcript provided)
Stuerer, M. (2008). Executive summary of the antitrust laws. Findlaw. http://corporate.findlaw.com/business-operations/executive-summary-of-the-antitrust-laws.html
Federal Trade Commission. (n.d.). Guide to antitrust laws. https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws
- This FTC Guide is a multi-sectioned document. Please be sure that you read the entire Guide. This URL is only the first page.
The legal and ethical environment of of business. (2012). Saylor Academy. OER Creative Commons. https://saylordotorg.github.io/text_the-legal-and-ethical-environment-of-business/index.html
- Read: All Chapter 9, starting at: https://saylordotorg.github.io/text_the-legal-and-ethical-environment-of-business/s12-00-intellectual-property.html
WEEK 3: THE FOLLOWING IS REQUIRED READING FOR THE COURSE. THESE MATERIALS WILL ASSIST YOUR RESEARCH FOR DISCUSSIONS, EXAMS/QUIZZES, AND PAPERS.
The legal and ethical environment of business. (2012). Saylor Academy. OER Creative Commons. https://saylordotorg.github.io/text_the-legal-and-ethical-environment-of-business/index.html
- Read Chapter 5 Sections 5.2, 5.3, 5.4, beginning at: https://saylordotorg.github.io/text_the-legal-and-ethical-environment-of-business/s08-02-the-commerce-taxing-and-spendi.html
- Read Chapter 6, beginning at: https://saylordotorg.github.io/text_the-legal-and-ethical-environment-of-business/s09-contracts.html
- Read Chapter 11, beginning at: https://saylordotorg.github.io/text_the-legal-and-ethical-environment-of-business/s14-business-organizations.html
Judicial Education Center. (n.d.) Contract law. University of New Mexico. http://jec.unm.edu/education/online-training/contract-law-tutorial.
This source provides an easy-to-follow outline of key contract principles covered in the above Saylor chapter readings, with illustrative examples. Here are direct links to each point:.
- Contract law: http://jec.unm.edu/education/online-training/contract-law-tutorial
- Elements of a contract; http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
- Breach of contract; http://jec.unm.edu/education/online-training/contract-law-tutorial/breach-of-contract
- Defenses to breach of contract; http://jec.unm.edu/education/online-training/contract-law-tutorial/defenses-to-breach
- Remedies for breach of contract; http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract
- UCC; http://jec.unm.edu/education/online-training/contract-law-tutorial/the-uniform-commercial-code-ucc
- The Parol Evidence Rule; http://jec.unm.edu/education/online-training/contract-law-tutorial/the-parol-evidence-rule
- Statute of Frauds. http://jec.unm.edu/education/online-training/contract-law-tutorial/statute-of-frauds
Missouri Bar Center. (2008). Forms of business organizations. Findlaw. http://corporate.findlaw.com/corporate-governance/business-organizations.html
This sources provides a list summary of the forms of business organizations covered in the above Saylor chapter readings. Do not use it as a substitute for the chapter readings.
Marcantel, J. (2010, June 5). The corporation as a “real” constitutional person. U.C. Davis Bus. L.J. 11. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620993
Katzenbach v. McClung, 379 U.S. 294 (1964). https://caselaw.findlaw.com/us-supreme-court/379/294.html
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S.Ct. 1718 (2018). https://www.casemine.com/judgement/us/5c100743342cca0d0e4a924e
U.S. Constitution. First Amendment. Available at https://www.law.cornell.edu/constitution/first_amendment
Epps, G. (2018, June 4). Justice Kennedy’s Masterpiece ruling. The Atlantic. https://www.theatlantic.com/ideas/archive/2018/06/the-court-slices-a-narrow-ruling-out-of-masterpiece-cakeshop/561986/
Chemerinsky, E. (2018). Not a masterpiece: The Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission. American Bar Association. https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/the-ongoing-challenge-to-define-free-speech/not-a-masterpiece/
WEEK 4: THE FOLLOWING IS REQUIRED READING FOR THE COURSE. THESE MATERIALS WILL ASSIST YOUR RESEARCH FOR DISCUSSIONS, EXAMS/QUIZZES, AND PAPERS.
Byers, S. & Standberry, K., et al. (2019). Business ethics. Rice. U. OPENSTAX at http://cnx.org/content/col25722/1.3
- Read Chapter 2 – Section 2.6, Theory of Justice, beginning at https://opentextbc.ca/businessethicsopenstax/chapter/a-theory-of-justice/
- Read Chapter 3- Sections 3.3 and 3.4 beginning at https://openstax.org/books/business-ethics/pages/3-3-ethical-decision-making-and-prioritizing-stakeholders
Corcione, A. (2020, January 17). What is greenwashing? Business News Daily. https://www.businessnewsdaily.com/10946-greenwashing.html
The triple bottom line. (2020). U. of Wis. https://sustain.wisconsin.edu/sustainability/triple-bottom-line/
Jacobs, K. (2012, November). The ethics of corporate social responsibility. Ethical Inquiry. International Center For Ethics, Justice and Public Life. Brandeis U. https://www.brandeis.edu/ethics/ethicalinquiry/2013/November.html
Lubben, S. (2011, December 9). Corporate bankruptcy raises a question of ethics. Dealbook. The New York Times. https://dealbook.nytimes.com/2011/12/09/corporate-bankruptcy-raises-a-question-of-ethics/
Government regulation and the legal environment of business. (2012). Saylor Academy. OER Creative Commons. https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/index.html
- Read Chapter 12 – Sections 12.1, 12.4, 12.5 – beginning at https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s15-01-introduction-to-bankruptcy-and.html
Thornton-Illar, C. (2019). Recent amendments to the Bankruptcy Code: What you need to know. Lexology. https://www.lexology.com/library/detail.aspx?g=24c0cc40-a5fc-4f8b-9eb0-1bfdac0c7a6b
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