The Island of Palm - USA and Netherland Case Study

The Island of Palm - USA and Netherland - Case Study Example United States came to know about their consideration when a functionary of United States travelled to the Island of Palmas, in 1906. As the island had already been ceded to the United States by Spain based on which the United States laid claim over reign over the island. This was informed to the Netherlands by the United States so as to solve the case diplomatically through mutual agreement. However, the island had been possessed by Netherlands for more than 200 years which led the the Dutch Government to claim sovereignty over the island. Netherlands was informed about the Treaty of Paris in 1899 but that could not let the country to observe the boundary line of the Philippines. The United States and the Netherlands submitted the claims regarding the issue of possession of the island to the Permanent Court of Arbitration as both the parties could not reach to an agreement bilaterally (The Island of Palmas, The Hague Justice Portal). For the arbitration of the case submitted, the Swi ss Lawyer, Max Huber was appointed with the agreement of both the countries.2 This paper critically analyses the claims laid by the parties, the proceedings of the case and the decision of arbitrator regarding which state owns the Island of Palms territory. The United States laid claim over sovereignty of the island through legitimate treaties as being the country which was ceded the island from its discoverer that is Spain. Whereas, Netherlands claimed that there is still no evidence of discovery or any other kind of possession of island by Spain. Since Netherlands have exercised the sovereignty over the island since year 1677, so even if Spain had acquired a title of ownership by discovering the island, such title has essentially been lost. The claim laid by the United States was based on cession of the island by the one who first saw the island and

The Negative Side of Copyright Essay Example | Topics and Well Written Essays - 500 words

The Negative Side of Copyright - Essay Example Copyright protection only enables the developer of software to deter the software’s copying or copying of the source code. Software copyright does not provide protection against the copying of any process, method of operation, procedure, system, principle, discovery, or concept in the software. In addition to that, software copyright does not provide any surety against independent development of software of the like. A vast majority of the software products cannot address the variety of requirements set forth to get broad protection that the patent law can afford. Most applications of software patent face problems because of the requirement for the invention to be not obvious and be new. Nevertheless, this requirement helps in the process analyzing if or not an individual should pursue copyright protection or patent. â€Å"because copyrights protect the implementation (the actual code) but not the concept, copyrights do not prevent someone from implementing an algorithm in a different programming language or with a different set of routines, for example, offering almost no protection for something as complex and flexible as software† (Zeidman, 2011, p. 93). The look and feel of software amount to behavior and thus copyright should not be used to protect them in software; the Computer Law Review Committee (CLRC) did not recommend additional protection forms for the displays on screen (Lai, 2000, p. 66). While software copyright has imposed a range of hindrances and hurdles in the way of development and spread of knowledge, free software has generated a lot of benefits. On the technological side, free software sets the stage for open source projects. One of its key examples is the development of Linux as the operating system in which functions of the free software movement serve as pre-requisite for the open source software. Linux could not have been developed and adopted as effectively without free software as it has