Discussion Questions Week One
Discussion Questions Week One
As we begin our study of law in the business environment, let us think about how the business managers and the lawyers work together to assure that the organization benefits from the law. For this DQ, (1) select a business activity or issue that has not already been selected by other students and (2) select a business or industry with which you are familiar. For that business activity in that industry or company, discuss how business managers apply the law that is relevant, and under what circumstances lawyers should become involved.
For example, if you are manager of a fast food restaurant, one of the things you will be concerned about is that the business not doing anything that would harm customers. What types of injuries can occur to customers in a fast food restaurant that could create a legal liability for the organization? What role does the manager play in preventing or minimizing the injuries, and when would it be appropriate to call in an attorney?
You can also select other activities such as employment and discrimination, entering into business contracts, government regulations, paying taxes, and buying and selling goods and services for the business. The businesses you could select might include fast food restaurants, colleges, car repair businesses, apartment complexes, insurance companies, cell phone providers, or any number of other good businesses. In your comments, be sure to identify the type of business, and the issue that you are discussing. It would be like “Cell phone providers - customer contracts”. Be sure to support your discussion with relevant references from the text or other sources.
Publishing - Piracy
My mom operates a publishing organization in the Philippines. She has her own written textbooks printed at a printing press utilizing an outside provider. Approximately 3 months back, they supplied a lot of boxes of books to her organization. On examining the ISBN numbers, she found out that the printing press had been printing her textbooks utilizing bogus ISBN number to sell them at less expensive rates to ‘underground’ customers. They had erroneously supplied her copies of her own unlawfully copied books.
Because of the horrible justice system in the Philippines, even after discussion with her attorney, my mom didn't prosecute. In case I were a manager, I could have avoided this by utilizing better supervision as well as scrutiny in the printing of the books with repeated visits to the facility, as well as creating a closer connection with the printing press managers as well as staff. I would have made certain that there were conditions in the commercial agreement between the printing press as well as the publishing organization of my mother outlining the legal methods in case there were difficulties such as this. I would have had our lawyers meet with us to talk about the conditions of the business contract as well as check out anticipations and implications, point by point. I would have also dealt with the problem in a different way compared to my mom did. I would have phoned a lawyer who specialized in intellectual property regulation as well as talked about my lawful alternatives. In case this took place in the United States, this would be treated like a civil case in which her copyright rights as the writer were broken under intellectual property law in attempting to sell her books without her approval. Because my mom is the writer as well as exclusive publisher of the textbooks, the printing press would be breaking copyright protection regulations, “A property right that affords the owner an exclusive right to reproduce and distribute copies of the copyrighted work, prepare derivative works, and to perform and display the copyrighted work publicly (17 U.S.C. § 106).” (Tepper & White,, 2008).