991 resultados para Reputation (Law)


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The growing need for organizations to make themselves present on the Internet, the study aimed to demonstrate the importance of public relations activity in crisis management and analysis of the crisis in Americanas.com site. It also aims to analyze the electronic scene, highlighting their implications for consumer relations in e-commerce. In addition, as a consequence of conflicts, settles a loss situation, financial and reputation. A crisis begins with planning and communication failures, it is clear that public relations is essential in business today, as interest in integrating their knowledge and opinions, and maintaining a global view of the environment in which it operates. The case study analysis provided confirmation that the public relations face a growing market, which requires qualified and updated to do crisis management, especially in the online environment

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Reputation is a signalling device that serves as a proxy for the quality of a firm’s products, strategies and employees relative to its competitors, when communicating with clients and other stakeholders. It is especially important for professional service firms because of the complex and intangible nature of their service and because of the advantages it confers in the market for high-quality professional staff. This paper extends and refines existing research on reputation which shows positive returns to reputation for professional service firms. We use different rankings of the top 50 law firms in the UK to measure reputation and examine their relationship with financial performance as expressed in firm revenue and profits. We find positive but diminishing returns to reputation even within this group and we find a stronger relationship between reputation and profits than fee income. We conclude that reputation may be an important source of competitive advantage for leading firms but it seems to offer little leverage for others. If these results are generalizable across other professional sectors this raises the question of how the majority of firms can differentiate themselves.

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This article examines the role of the recently introduced fair dealing exception for the purposes of parody and satire in Australian copyright law. Parody and satire, while central to Australian expression, pose a substantial challenge for copyright policy. The law is asked to strike a delicate balance between an author’s right to exploit their work, the interests of the public in stimulating free speech and critical discussion, the rights of artists who rely on existing material in creating their own expression, and the rights of all artists in their reputation and the integrity of their works. This article highlights the difficulty parodists and satirists have historically faced in Australia and examines the potential of the new fair dealing exceptions to relieve this difficulty. This article concludes that the new exceptions have the potential, if read broadly, not only to bridge the gap between humorous and non-humorous criticism, but also to allow for the use of copyright material to critique figures other than the copyright owner or author, extending to society generally. This article will argue that the new exceptions should be read broadly to further this important policy goal while also being limited in their application so as to prevent mere substitutable uses of copyright material. To achieve these twin goals, I suggest that the primary indication of fairness of an unlicensed parody should be whether or not it adds significant new expression so as not to be substitutable for the original work.

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Different reputation models are used in the web in order to generate reputation values for products using uses' review data. Most of the current reputation models use review ratings and neglect users' textual reviews, because it is more difficult to process. However, we argue that the overall reputation score for an item does not reflect the actual reputation for all of its features. And that's why the use of users' textual reviews is necessary. In our work we introduce a new reputation model that defines a new aggregation method for users' extracted opinions about products' features from users' text. Our model uses features ontology in order to define general features and sub-features of a product. It also reflects the frequencies of positive and negative opinions. We provide a case study to show how our results compare with other reputation models.

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An award of damages for defamation is to provide reparation for harm to a plaintiff’s reputation for the publication of defamatory material, compensate for any personal distress caused and vindicate the plaintiff’s reputation.1 Assessing such damages is recognised as a difficult task and perhaps the Queensland courts face further difficulties as there are few awards of damages for defamation in the state. This was pointed out in the recent decision of the Queensland Court of Appeal, Cerutti & Anor v Crestside Pty Ltd & Anor.2 This decision examined in detail the principles of assessing damages for defamation.

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Drawing on two case studies, this article considers the allegation of a disgruntled author: ’Defamation was framed to protect the reputations of 19th century gentlemen hypocrites'. The first case study considers the litigation over Bob Ellis' unreliable political memoir, ’Goodbye Jerusalem', published by Random House. The second case study focuses upon the litigation over the allegation by Media Watch that Richard Carleton had plagarised a documentary entitled ’Cry from the Grave'. The article considers the meaning of defamatory imputations, the range of defences, and the available remedies. It highlights the competing arguments over the protection of reputation and privacy, artistic expression, and the freedom of speech. This article concludes that defamation law should foster ’gossip we can trust'.

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In his 1987 book, The Media Lab: Inventing the Future at MIT, Stewart Brand provides an insight into the visions of the future of the media in the 1970s and 1980s. 1 He notes that Nicolas Negroponte made a compelling case for the foundation of a media laboratory at MIT with diagrams detailing the convergence of three sectors of the media—the broadcast and motion picture industry; the print and publishing industry; and the computer industry. Stewart Brand commented: ‘If Negroponte was right and communications technologies really are converging, you would look for signs that technological homogenisation was dissolving old boundaries out of existence, and you would expect an explosion of new media where those boundaries used to be’. Two decades later, technology developers, media analysts and lawyers have become excited about the latest phase of media convergence. In 2006, the faddish Time Magazine heralded the arrival of various Web 2.0 social networking services: You can learn more about how Americans live just by looking at the backgrounds of YouTube videos—those rumpled bedrooms and toy‐strewn basement rec rooms—than you could from 1,000 hours of network television. And we didn’t just watch, we also worked. Like crazy. We made Facebook profiles and Second Life avatars and reviewed books at Amazon and recorded podcasts. We blogged about our candidates losing and wrote songs about getting dumped. We camcordered bombing runs and built open‐source software. America loves its solitary geniuses—its Einsteins, its Edisons, its Jobses—but those lonely dreamers may have to learn to play with others. Car companies are running open design contests. Reuters is carrying blog postings alongside its regular news feed. Microsoft is working overtime to fend off user‐created Linux. We’re looking at an explosion of productivity and innovation, and it’s just getting started, as millions of minds that would otherwise have drowned in obscurity get backhauled into the global intellectual economy. The magazine announced that Time’s Person of the Year was ‘You’, the everyman and everywoman consumer ‘for seizing the reins of the global media, for founding and framing the new digital democracy, for working for nothing and beating the pros at their own game’. This review essay considers three recent books, which have explored the legal dimensions of new media. In contrast to the unbridled exuberance of Time Magazine, this series of legal works displays an anxious trepidation about the legal ramifications associated with the rise of social networking services. In his tour de force, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet, Daniel Solove considers the implications of social networking services, such as Facebook and YouTube, for the legal protection of reputation under privacy law and defamation law. Andrew Kenyon’s edited collection, TV Futures: Digital Television Policy in Australia, explores the intersection between media law and copyright law in the regulation of digital television and Internet videos. In The Future of the Internet and How to Stop It, Jonathan Zittrain explores the impact of ‘generative’ technologies and ‘tethered applications’—considering everything from the Apple Mac and the iPhone to the One Laptop per Child programme.

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En cette ère que plusieurs surnomment le « Web 2.0 », les usagers se sont emparés avec enthousiasme des fonctions liées aux communications et au partage sur Internet, ce médium devenant ainsi une nouvelle plate-forme pour les enjeux liés à la vie privée et à la réputation. La diffamation constitue justement un des problèmes prédominants constatés en lien avec ce contenu électronique, plus particulièrement lorsqu’il est question de contenu généré par les utilisateurs. Face à cet outil permettant une diffusion et une intéractivité sans précédent, comment devons-nous aborder Internet au regard des règles de droit applicables au Canada en matière de diffamation? L’analyse juridique traditionnelle sied-elle aux nouvelles réalités introduites par ce médium? Le bijuridisme canadien nous impose d’étudier parallèlement les régimes de droit civil et de common law et ce, dans une optique comparative afin de comprendre les concepts et le fonctionnement propres à chacune des approches juridiques cohabitant au pays. Cette analyse nous permettra de mettre en lumière les particularités du médium électronique qui se révèlent pertinentes lorsqu’il est question de diffamation et qui font la spécificité des situations et des acteurs en ligne, distinguant ainsi Internet des modes de communications traditionnels que le droit connaît. Cette approche comparative permet de poser un regard critique sur chacun des régimes de droit en vigueur au Canada, considérant la réalité propre à Internet et au contenu généré par les utilisateurs, mais surtout, vise à promouvoir le développement de méthodes d’analyse véritablement ancrées dans le fonctionnement du médium en cause et susceptibles d’évoluer avec celui-ci.

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The article focuses on the Trade Marks Regulations 2004, which came into force on May 5, 2004. Regulation 7 repeals s 5(3)(b) and amends s 10(3) of the Trade Marks Act 1994, implementing the decision of the European Court of Justice in Davidoff & Cie SA and Zino Davidoff SA v Gofkid Ltd., which was then confirmed in Adidas-Salomon AG and Adidas Benelux BV v Fitnessworld Trading Ltd. The orthodox definition of the primary and proper function of a trademark is that it is to identify the origin or ownership of the goods to which the mark is affixed. As society has changed so too have the functions of the trademark. Due to increased affluence and the growth of the consumer society, some trademarks may now have achieved the status of being a symbol of desire in their own right.

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Questions whether the focus on freedom of expression under the Defamation Act 2013 could undermine the value of corporate reputation as a commercial asset.