SENATE Official Hansard

Total Page:16

File Type:pdf, Size:1020Kb

SENATE Official Hansard COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES SENATE Official Hansard WEDNESDAY, 27 AUGUST 1997 THIRTY-EIGHTH PARLIAMENT FIRST SESSION—FIFTH PERIOD BY AUTHORITY OF THE SENATE CANBERRA CONTENTS WEDNESDAY, 27 AUGUST Higher Education Funding Amendment Bill (No. 1) 1997— Second Reading ...................................... 5745 Excise Tariff Amendment Bill (No. 1) 1997— Second Reading ...................................... 5760 In Committee ........................................ 5773 Third Reading ....................................... 5782 Matters of Public Interest— United Nations: Contracts ............................... 5782 South Australia: Leader of the Opposition .................... 5786 Global Electronic Commerce ............................. 5789 Industry Policy ....................................... 5792 X-rated Videos ....................................... 5795 Questions Without Notice— Superannuation: Fringe Benefits ........................... 5796 Taxation Reform ..................................... 5797 Distinguished Visitors ................................... 5798 Questions Without Notice— Sale of Commonwealth Buildings ......................... 5798 Taxation Reform ..................................... 5799 Firearms Buyback .................................... 5800 Australian Public Service ............................... 5800 Privacy Scheme ...................................... 5800 Senate: Press Photographs ............................... 5801 Australia on CD Program ............................... 5801 Women ............................................ 5803 Long Range Cruise Missiles ............................. 5804 Social Security Income and Assets Test ..................... 5805 Copyright .......................................... 5805 ABC Weekend Regional Weather Reports .................... 5806 South Pacific Cruise Lines Ltd ............................ 5808 Education: Indigenous Students ........................... 5809 Answers to Questions Without Notice— Australia on CD Program ............................... 5810 Fitzroy River: Proposed Dam ............................. 5810 Long Range Cruise Missiles ............................. 5810 Access to House of Representatives by Senators ................. 5811 Answers to Questions Without Notice— ABC Weekend Regional Weather Reports .................... 5811 Petitions— Logging and Woodchipping .............................. 5818 Notices of Motion— Textile, Clothing and Footwear Industries .................... 5818 Mr Michael Doohan ................................... 5819 Legal and Constitutional References Committee ................ 5819 Mr Geoff Nicholas .................................... 5820 Aboriginal Delegation to the United Nations .................. 5820 Community Affairs References Committee ................... 5820 Jabiluka Uranium Mine ................................. 5821 Textile, Clothing and Footwear Industries .................... 5821 Order of Business— Migration Regulations .................................. 5821 Committees— Finance and Public Administration Legislation Committee—Extension of Time .......................................... 5821 Information Technologies Committee—Appointment ............ 5821 Superannuation Committee—Extension of Time ................ 5822 Higher Education: Undergraduate Fees and Abstudy .............. 5822 Matters of Urgency— CONTENTS—continued Privacy Legislation .................................... 5822 Committees— Scrutiny of Bills Committee—Report ....................... 5836 Ministerial Statements— Visit by the Prime Minister to the United Kingdom and the United States of America ................................... 5836 Constitutional Convention (Election) Bill 1997— Consideration of House of Representatives Message ............. 5843 Documents ........................................... 5862 Adjournment— South Australia: Leader of the Opposition .................... 5862 South Australia: Leader of the Opposition .................... 5864 Schools and Literacy .................................. 5867 South Australia: Leader of the Opposition .................... 5869 Fitzroy River: Proposed Dam ............................. 5870 Documents— Tabling ............................................ 5871 Questions On Notice— British Commonwealth Occupational Forces—(Question No. 625) . 5872 Logging and Woodchipping—(Question No. 634) .............. 5873 Defence Force: Entitlements—(Question No. 645) .............. 5873 East Timor—(Question No. 649) .......................... 5875 Department of Employment, Education, Training and Youth Affairs: Mr Dean McCarthy—(Question No. 655) ..................... 5875 Tasmania: Regional Telecommunications Infrastructure Fund—(Question No. 659) ............................. 5876 Human Rights and Equal Opportunity Commission—(Question No. 661) 5876 Turkish Incursion into Northern Iraq—(Question No. 666) ........ 5880 Indian Port Facility—(Question No. 670) .................... 5881 Papua New Guinea: Export Finance and Insurance Corporation—(Question No. 672) ........................ 5882 Separation of Aboriginal and Torres Strait Islander Children from their Families—(Question No. 683) .......................... 5882 Department of Veterans’ Affairs: Appeal Mechanisms—(Question No. 692) ............................................ 5883 Telstra: 1996 Atlanta Olympic Games—(Question No. 698) ....... 5885 Minister for Resources and Energy: Media Monitoring Services—(Question No. 727) .......................... 5886 Answers to Questions Without Notice— Austudy ........................................... 5886 Austudy ........................................... 5886 SENATE 5745 Wednesday, 27 August 1997 triennium funding structure for higher educa- tion in this country. The Democrats will be supporting the The PRESIDENT (Senator the Hon. simplification of the remission of debt for the Margaret Reid) took the chair at 9.30 a.m., open learning scheme. I note that this govern- and read prayers. ment is the first government to preside over HIGHER EDUCATION FUNDING a universal up-front fee payment for under- graduate education with the introduction of a AMENDMENT BILL (No. 1) 1997 gap fee. A gap fee is one that open learning Second Reading students have no opportunity to defer. So Debate resumed from 26 August, on motion although it can be argued that open learning by Senator Minchin: is one way of making higher education more accessible to, say, traditionally disadvantaged That this bill be now read a second time. groups, particularly those in remote or region- Senator CARR (Victoria) (9.31 a.m.)—To al areas, the lack of opportunity to defer those conclude, the Labor Party believes that the payments is sad. Senate should carry a second reading amend- ment. Accordingly, I move: This government is also continuing the tradition of user pays begun under the former At the end of the motion, add: Labor government. I note the amount that the "but the Senate: Commonwealth is granting towards the open (1) is of the opinion that a properly resourced learning system is only $218,000 in this bill, university sector is vital to Australia’s compared with around $9.5 million as recent- economic and social well-being; ly as 1995. I am dismayed to see a diminution (2) expresses deep concern at the damage in the resources being allocated to open caused by the Government’s funding reduc- learning in this bill. In fact, it puts Australia tions to higher education, which are forcing universities to seek alternative sources of at odds with the rest of the world which is funds, such as undergraduate fees, which in increasingly recognising the joys and the turn are reducing access to universities at possibilities of open learning and distance the very time when Australia needs to be education. This bill also allows for the 25 per broadening such access; cent discount on some course contributions. (3) expressed particular concern at the ending Probably one of the biggest features of this of the successful Commonwealth Industry Places Scheme; and bill is the rationalisation and restructuring program—$26 million over the next four (4) condemns the Government for failing to recognise the importance of education to years. While the Democrats support that addi- Australia’s future and for continuing to tional money, particularly for regional and withdraw public investment in it". remote institutions, we treat this as an ac- Senator STOTT DESPOJA (South Aus- knowledgment, as basically a concession by tralia) (9.32 a.m.)—The Australian Democrats this government that, in fact, its regressive will be supporting the measures contained in budget cuts have hit hardest at regional and the Higher Education Funding Amendment remote institutions. Bill (No. 1) 1997. There are a number of The Democrats will be supporting the Labor measures in this bill to which I will refer. Party’s second reading amendment and we First of all, I note that this particular higher will seek to amend that with a second reading education funding bill departs from tradition; amendment of our own. We endorse the that is, it represents a break from the tradi- sentiments expressed by Senator Carr in his tional structure of higher education bill amendment, but we recognise, as our second funding in that it allows for the provision of reading amendment does, that this path of funds for 1998 and earlier. I note there is no user pays was begun under the Hawke and allocation for 1999 and 2000. I think you will Keating governments and
Recommended publications
  • Unlikely Identities
    Unlikely Identities: In May of 1911 an Ottoman deputy from Thessaloniki, Dimitar Vlahov, interjected Abu Ibrahim and the himself in a parliamentary debate about Zionism in Palestine with a question: “Are Politics of Possibility in 2 Arab peasants opposed to the Jews?” 1 Late Ottoman Palestine Answering himself, he declared that there was no enmity between Arab and Samuel Dolbee & Shay Hazkani Jewish peasants since, in his estimation, “They are brothers [onlar kardeştir], and like brothers they are trying to live.” Noting that in the past few weeks “anti- Semitism” had appeared on the pages of newspapers, he reiterated his message of familial bonds: “Whatever happens, the truth is in the open. Among Jewish, Arab, and Turkish peasants, there is nothing that will cause conflict. They are brothers.” Vlahov Efendi’s somewhat simplistic message of coexistence was not popular, appearing as it did in the midst of a charged debate about Zionist land acquisitions in Palestine.3 Other deputies in parliament pressed him about the source of his information on these apparent familial ties between peasants. He had mentioned “Arab newspapers,” but ʿAbd al-Mehdi Bey of Karbala wanted to know which ones he had consulted to support his claims. “In Jaffa there is a newspaper that appears named ‘Palestine,’” Vlahov replied. Commotion in the hall interrupted his speech at this point, but Vlahov continued, explaining how the paper suggested Hadera [Khdeira], south of Haifa, had been “nothing but wild animals” thirty years before but had recently become economically prosperous through Zionist settlement. Rishon LeZion, one of the first Zionist colonies, was another engine of development, as its tax revenue had increased a hundred- fold in the previous three decades, he claimed.
    [Show full text]
  • The Armenian Genocide
    The Armenian Genocide During World War I, the Ottoman Empire carried out what most international experts and historians have concluded was one of the largest genocides in the world's history, slaughtering huge portions of its minority Armenian population. In all, over 1 million Armenians were put to death. To this day, Turkey denies the genocidal intent of these mass murders. My sense is that Armenians are suffering from what I would call incomplete mourning, and they can't complete that mourning process until their tragedy, their wounds are recognized by the descendants of the people who perpetrated it. People want to know what really happened. We are fed up with all these stories-- denial stories, and propaganda, and so on. Really the new generation want to know what happened 1915. How is it possible for a massacre of such epic proportions to take place? Why did it happen? And why has it remained one of the greatest untold stories of the 20th century? This film is made possible by contributions from John and Judy Bedrosian, the Avenessians Family Foundation, the Lincy Foundation, the Manoogian Simone Foundation, and the following. And others. A complete list is available from PBS. The Armenians. There are between six and seven million alive today, and less than half live in the Republic of Armenia, a small country south of Georgia and north of Iran. The rest live around the world in countries such as the US, Russia, France, Lebanon, and Syria. They're an ancient people who originally came from Anatolia some 2,500 years ago.
    [Show full text]
  • Streampunkeři. Youtube a Mediální Rebelové
    Streampunks © 2017 by RKapital, LLC Translation © Julie Tesla, 2018 Czech edition © Host — vydavatelství, s. r. o., 2018 (elektronické vydání) ISBN 978-80-7577-704-1 (PDF) ISBN 978-80-7577-705-8 (ePUB) ISBN 978-80-7577-706-5 (MobiPocket) Věnováno tomu rošťákovi, co teď někde natáčí video na svůj smartphone a ze kterého se jednou stane nejlepší bavič na světě. Obsah Úvod . 13 1 Vzestup streampunkerů . 17 Seznamte se s novou kategorií tvůrců 2 Přijde ||Superwoman|| do supermarketu . 27 Proč je rozmístění zboží v obchodech klíčem k pochopení dnešního mediálního průmyslu 3 Nerdové útočí . 43 Bratři Greenové a budování online komunity 4 Svůj až po konečky vlasů . 61 Tyler Oakley, autenticita a měnící se status celebrity 5 Pas klidně zahoďte . 79 Lilly Singhová, Mr. Bean, k­‑pop a tavicí kotel globálních médií 6 Ukaž mi něco, co jsem ještě neviděl . 91 Satira, zastoupení a předsudky v internetových videích 7 Hleď si svého šití . 105 Přitažlivost úzkých mezer na trhu 8 Je to boj . 125 Proč musejí hvězdy v současném světě jet na sto deset procent 9 Zdroje příjmů . 145 Financování kreativity v digitální éře 10 „Toto právě nahrál . .“ . 165 Vice, Storyful a noví hráči ve zpravodajském byznysu 11 Omlouváme se Díky za přerušení . 189 Casey Neistat vrací slávu reklamám 12 Streampunk rock! . 211 Pád a zmrtvýchvstání hudebního průmyslu 13 Na co se dívat dál . 233 Zrovna když jste přišli na kloub mileniálům, přichází generace Z Závěr — Okno do světa . 245 Poděkování . 251 O autorech . 255 Úvod V televizi nic není. Ne, vážně — tam, kde jsem vyrůstal, v televizi opravdu nic nebylo.
    [Show full text]
  • Laughter Effect
    caty borum chattoo center for media & social impact school of communication american university may 2017 the laughter effect: the [serious] role of comedy in social change about the The Laughter Effect: The [Serious] Role of Comedy in Social Change is the second in a three-part inves- project tigation about comedy and social influence. All were directed and written by Caty Borum Chattoo, produced under the auspices of the Center for Media & Social Impact at American University’s School of Communication. All three projects were funded by the Bill & Melinda Gates Foundation. The first project, Entertainment, Storytelling & Social Change in Global Poverty, an experimental design study that examined the persuasive impact of the comedic documentary film, Stand Up Planet, was published in February 2015; it was funded under the auspices of Learning for Action, LLC. Borum Chattoo was also the executive producer and producer of the documentary, which premiered in 2014 in the United States and India. Lauren Feldman, PhD, Associate Professor in the School of Communication and Information at Rut- gers University, served as peer reviewer for The Laughter Effect. For the Center for Media & Social Impact, graduate student fellows Jessica Henry Mariona, Diya Basu and Hannah Sedgwick provided research support; all were students at the American University School of Communication graduate Strategic Communication program. The reports are available at www.cmsimpact.org. about the Caty Borum Chattoo is Director of the Center for Media & Social Impact and Executive in Residence project at the American University School of Communication in Washington, D.C. She works at the intersec- director tion of social-change communication/media, media effects research, and documentary production.
    [Show full text]
  • They Made the NABC Run Smoothly
    Sunday, December 4, 2011 Volume 84, Number 10 Daily Bulletin 84th North American Bridge Championships Editors: Brent Manley and Sue Munday They made the NABC Cayne team rides run smoothly monster session to Reisinger lead The team captained by James Cayne posted a huge score of 22 in the first semifinal session of the Reisinger Board-a-Match Teams to take the lead into today’s two final sets. Their carryover advantage is 4.34. Cayne is playing with Michael Seamon, Alfredo Versace, Lorenzo Lauria, Giorgio Duboin and Antonio Sementa. Not far off the pace in second place with a carryover of 3.09 are Roy Welland, Bart Bramley, Josef Piekarek and Alexander Smirnov. Wolpert ahead in N.A. Swiss Teams With two final sessions to play, the Gavin Wolpert team will take a carryover of 40 victory points, nearly double that of second place, into today’s play in the Keohane North American Swiss Teams. Wolpert’s squad is Paul Fireman, John Hurd, A successful NABC doesn’t happen by accident. It takes a lot of hard work by a lot Joel Wooldridge, Krzysztof Buras and Grzegorz of people. In this photo are most of the hard-working committee heads who planned Narkiewicz. the tournament and made sure players had fun. Near the end, they raised their arms Trailing by 19.58 VPs are Geeske Joel and in triumph for a job well done. If you see any of them today, say thanks. teammates Tobi Sokolow, Jill Levin, Debbie Back: Mark Jindra, Ann Romeo, Terry Randles, Janice Randles, Dave Grubbs, Carl Rosenberg, Jill Meyers and Janice Seamon-Molson.
    [Show full text]
  • Stoney Road out of Eden: the Struggle to Recover Insurance For
    Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2012 Stoney Road Out of Eden: The Struggle to Recover Insurance for Armenian Genocide Deaths and Its Implications for the Future of State Authority, Contract Rights, and Human Rights Jeffrey W. Stempel University of Nevada, Las Vegas -- William S. Boyd School of Law Sarig Armenian David McClure University of Nevada, Las Vegas -- William S. Boyd School of Law, [email protected] Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Contracts Commons, Human Rights Law Commons, Insurance Law Commons, Law and Politics Commons, National Security Law Commons, and the President/Executive Department Commons Recommended Citation Stempel, Jeffrey W.; Armenian, Sarig; and McClure, David, "Stoney Road Out of Eden: The Struggle to Recover Insurance for Armenian Genocide Deaths and Its Implications for the Future of State Authority, Contract Rights, and Human Rights" (2012). Scholarly Works. 851. https://scholars.law.unlv.edu/facpub/851 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. STONEY ROAD OUT OF EDEN: THE STRUGGLE TO RECOVER INSURANCE FOR ARMENIAN GENOCIDE DEATHS AND ITS IMPLICATIONS FOR THE FUTURE OF STATE AUTHORITY, CONTRACT RIGHTS, AND HUMAN RIGHTS Je:jrev' W. Stempel Saris' ArInenian Davi' McClure* Intro d uctio n .................................................... 3 I. The Long Road to the Genocide Insurance Litigation ...... 7 A. The Millet System of Non-Geographic Ethno-Religious Administrative Autonomy ...........................
    [Show full text]
  • Turkey & Middle East
    Name: _____________________________________ Date: _____________ Global History Regents Review Mrs. Carey Turkey A. Kemal Atäturk rises to power in Turkey. B. Pericles rules during the Golden Age of Athens. C. Ayatollah Khomeini seizes power in Iran. D. Robespierre comes to power during the French Revolution. What is the correct sequence of these events? (1) C → B → A → D (2) B → C → D → A (3) A → C → B → D (4) B → D → A → C One way in which Emperor Meiji and Atatürk are similar is that they both promoted (1) isolation and nationalism (2) capitalism and democracy (3) revolution and absolutism (4) reform and modernization One way in which Atatürk of Turkey and Ho Chi Minh of Vietnam are similar is that they both (1) led nationalist movements in their countries (2) formed communist governments (3) kept their countries out of the United Nations (4) led their countries during the Cold War Which statement about Turkish leader Atatürk is an opinion rather than a fact? (1) He promoted modernization. (2) His efforts led to the development of industries. (3) He encouraged people to wear western-style clothing. (4) His major accomplishment was the separation of church and state. Between 1923 and 1938, which leader instituted a modernization program in Turkey? (1) Shah Reza Pahlavi (2) Jawaharlal Nehru (3) Kemal Atatürk (4) Ho Chi Minh Which reform was included in Atatürk’s efforts to modernize Turkey? (1) reintroducing strict Islamic law (2) granting women the right to vote (3) adopting Arabic script (4) requiring men to wear a fez One way in which
    [Show full text]
  • Glazed and Groovy on and Off the Court by VICTORIA GIAMBOI Would Be a Better Opportunity to Play at a High Level
    ESCAPE ROUTE Find a way out of House of Clues NEWS | 3 OPINION KEEP IT LOCAL ARTS COMMITTED TO THE SOUND 5 Policy change starts in 7 Student band provides your own community indie music for the ‘Burg Vol. 95, No. 21 Thursday, February 16, 2017 breezejmu.org Welcome to Hotel Appalachia Studio provides musicians with space for practice and production By DREW COWEN Hotel Appalachia differs from other studios, offering The Breeze hands-on help for those wishing to record, but also encouraging artists who are comfortable with recording When you walk into Hotel Appalachia, the audio technology to simply rent the space. The owners recording and rehearsal space that opened Feb. 10 recognize that different bands have different needs when in downtown Harrisonburg, it feels like being on a entering a studio. stage right before the curtain opens. And yet there’s “It’s cool to be able to put [the artist’s] vision first,” also a sense of intimacy. Various tapestries are spread Stover said. “And it all starts with what the customer is throughout the room and a mirror stretches across comfortable with.” the entire length of the wall. There’s plenty of room to Some might crave the perfect live sound, others prefer breathe, but it’s undeniably cozy. the precision of overdubbing. Some prefer the help of Overhead, fluorescent stage lights cast a performance- an engineer, others need complete solitude. Whether worthy amount of light over the room. Guitars and an artist needs to record a whole album or a drummer instruments are everywhere, organized into their specific just wants to use the space to practice, Hotel Appalachia corners and stations.
    [Show full text]
  • The President's Conservatives: Richard Nixon and the American Conservative Movement
    ALL THE PRESIDENT'S CONSERVATIVES: RICHARD NIXON AND THE AMERICAN CONSERVATIVE MOVEMENT. David Sarias Rodriguez Department of History University of Sheffield Submitted for the degree of PhD October 2010 ABSTRACT This doctoral dissertation exammes the relationship between the American conservative movement and Richard Nixon between the late 1940s and the Watergate scandal, with a particular emphasis on the latter's presidency. It complements the sizeable bodies ofliterature about both Nixon himself and American conservatism, shedding new light on the former's role in the collapse of the post-1945 liberal consensus. This thesis emphasises the part played by Nixon in the slow march of American conservatism from the political margins in the immediate post-war years to the centre of national politics by the late 1960s. The American conservative movement is treated as a diverse epistemic community made up of six distinct sub-groupings - National Review conservatives, Southern conservatives, classical liberals, neoconservatives, American Enterprise Institute conservatives and the 'Young Turks' of the New Right - which, although philosophically and behaviourally autonomous, remained intimately associated under the overall leadership of the intellectuals who operated from the National Review. Although for nearly three decades Richard Nixon and American conservatives endured each other in a mutually frustrating and yet seemingly unbreakable relationship, Nixon never became a fully-fledged member of the movement. Yet, from the days of Alger Hiss to those of the' Silent Majority', he remained the political actor best able to articulate and manipulate the conservative canon into a populist, electorally successful message. During his presidency, the administration's behaviour played a crucial role - even if not always deliberately - in the momentous transformation of the conservative movement into a more diverse, better-organised, modernised and more efficient political force.
    [Show full text]
  • The Role of the Ottoman Empire in the First World War
    Salve Regina University Digital Commons @ Salve Regina Pell Scholars and Senior Theses Salve's Dissertations and Theses 6-1-2009 The Sick Man’s Last Fight: The Role of the Ottoman Empire in the First World War Henry A. Crouse Salve Regina University, [email protected] Follow this and additional works at: https://digitalcommons.salve.edu/pell_theses Part of the European History Commons, and the Islamic World and Near East History Commons Crouse, Henry A., "The Sick Man’s Last Fight: The Role of the Ottoman Empire in the First World War" (2009). Pell Scholars and Senior Theses. 40. https://digitalcommons.salve.edu/pell_theses/40 This Article is brought to you for free and open access by the Salve's Dissertations and Theses at Digital Commons @ Salve Regina. It has been accepted for inclusion in Pell Scholars and Senior Theses by an authorized administrator of Digital Commons @ Salve Regina. For more information, please contact [email protected]. Crouse 1 The Sick Man’s Last Fight: The Role of the Ottoman Empire in the First World War “O Muslims, know that our Empire is at war with the mortal enemies of Islam: the governments of Muscovy, Britain, and France. The commander of the Faithful summons you to Jihad.” Henry A. Crouse HIS 490-01: Senior Seminar Brother John Buckley, FSC, Ph.D. June 5, 2009 Crouse 2 The Great War in 1914 to 1918 destroyed mighty empires, and created nations from their ashes. Both the Allied and Central Powers had been dominated by powerful empires. The Ottoman Empire, established by the Turks was at one point the largest empire in the world.
    [Show full text]
  • To Download Your Internet Business Plan PDF Book for Free
    How to Start a Internet Business By the BizMove.com Team Copyright © by BizMove.com. All rights reserved. Other Free Books and Tools from BizMove.com That May Interest You: * The Entrepreneur Quiz (Find Out whether You Have What it Takes to be an Entrepreneur) * The Complete Guide to Running a Business (Everything You Need to Know to Start and Manage Your Own Business) * How to Improve Your Leadership and Management Skills (Effective Strategies for Business Managers) * Small Business Management (Essential Ingredients for Success) * Business Plan Template (Complete Fill in the Blanks Sample Business Plan) * How to Sharpen Your Managerial Skills (Good Management and Leadership Skills for Aspiring Managers) * How to Create a Marketing Plan For a Small Business (A Step by Step Guide to Marketing Planning) Table of Contents 1. Determining the Feasibility of Your New Business 2. Starting Your Business Step by Step 3. Complete Internet Business Plan Template 1. Determining the Feasibility of Your New Business A. Preliminary Analysis This guide is a checklist for the owner/manager of a business enterprise or for one contemplating going into business for the first time. The questions concentrate on areas you must consider seriously to determine if your idea represents a real business opportunity and if you can really know what you are getting into. You can use it to evaluate a completely new venture proposal or an apparent opportunity in your existing business. Perhaps the most crucial problem you will face after expressing an interest in starting a new business or capitalizing on an apparent opportunity in your existing business will be determining the feasibility of your idea.
    [Show full text]
  • Equals Three V. Jukin Media
    1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 EQUALS THREE, LLC a California ) CASE NO. 2:14-cv-09041-SVW- limited liability company, ) MAN 12 ) Plaintiff, ) ORDER GRANTING IN PART AND 13 ) DENYING IN PART JUKIN MEDIA, v. ) INC.’S MOTION FOR PARTIAL 14 ) SUMMARY JUDGMENT AND JUKIN MEDIA, INC., a California ) JUDGMENT 15 corporation, and DOES 1 through 50, ) [34] inclusive, ) 16 ) 17 Defendants. ) 18 I. INTRODUCTION 19 This copyright action centering around funny videos presents issues that are anything but 20 simple. The instant motion requires the Court to evaluate whether a humorist’s use of “viral 21 videos”1 is a fair use. This complicated inquiry requires this Court to make distinctions along the 22 fuzzy boundaries between commenting on humorous videos in a transformative manner and 23 simply exploiting them for their inherent humor without paying the customary price. 24 On November 21, 2014, plaintiff and counterclaim defendant Equals Three, LLC 25 (“Equals Three”) sued defendant and counterclaimant Jukin Media, Inc. (“Jukin”) for a 26 27 1 A viral video is “a video that becomes popular through the process of (most often) Internet sharing, typically through video sharing websites, social media, and email.” (Compl. ¶ 19 n.2) 28 (quoting Viral Video, WIKIPEDIA, http://en.wikipedia.org/wiki/Viral_video). 1 declaratory judgment and for relief under § 512(f) of the Digital Millennium Copyright Act 2 (“DMCA”) (which prohibits fraudulent use of DMCA takedown notices). Jukin counterclaimed, 3 asserting that Equals Three infringes nineteen of its copyrights.
    [Show full text]