Question

Q1. Please explain what role administrative agencies play in our government and the steps for how rules and regulations are made in those agencies. Do you think they should be a fourth branch of government and why or why not?

Q2. On February 1, 2004, CBS presented a live broadcast of the National Football League’s Super Bowl XXXVIII, which included a halftime show produced by MTV Networks. Nearly 90 million viewers watched the Halftime Show, which began at 8:30 p.m. Eastern Standard Time and lasted about 15 minutes. The Halftime Show featured a performance with Janet Jackson and Justin Timberlake as a “surprise guest” for the final minutes of the show.

Timberlake and Jackson performed his popular song “Rock Your Body” as the show’s finale. Their performance, which involved sexually suggestive choreography, portrayed Timberlake seeking to dance with Jackson, and Jackson alternating between accepting and rejecting his advances. The performance ended with Timberlake singing, “gonna have you naked by the end of this song,” and simultaneously tearing away part of Jackson’s bustier. CBS had implemented a five-second audio delay to guard against the possibility of indecent language being transmitted on air, but it did not employ similar precautionary technology for video image. As a result, Jackson’s bare right breast was exposed on camera for nine-sixteenths of one second.

On September 22, 2004, the Commission issued a Notice of Apparent Liability, finding that CBS had apparently violated federal law and FCC rules restricting the broadcast of indecent material. After its review, the Commission determined that CBS was liable for a forfeiture penalty of $550,000 because its actions were willful.

CBS filed with the FCC for a reconsideration, which was denied. CBS then appealed the case to the federal Court of Appeals on the grounds that the finding of willful as well as the penalty were arbitrary and capricious and violated First Amendment rights. Based on the Fox Television Station’s case, what do you think the decision should be and why?

Q3.The U.S. Supreme Court has been deciding some cases involving Intellectual property rights (patents, trademarks, or copyrights), which has been a hot topic. Your assignment is to locate any article, case, etc. dealing with an infringement of one's intellectual property rights - you cannot use any of the cases discussed in the textbook's chapter. Then you will post your answer citing your source, summarizing the infringement issue and how the court or parties resolved the matter. You also need to address the following question. How has this infringement/result impacted society today?

Q4. A small brewery in New York called Empire Brewing Company manufactured a brand of beer called "Strikes Bock." For seven years, the brewery served the beer only on tap. With the intention of bottling and selling the beer in stores, Empire Brewing sought a trademark for "Strikes Bock." Lucasfilm opposed the trademark registration maintaining that it could cause confusion with its famous film, "The Empire Strikes Back." What is the probable outcome and why?

Answer 1

answer- 1a- role of administrative agencies in our government-

administrative agencies play a crucial role in our governement beacuse these agencies help the government in making the rules & regulations & support them to get each & every details of the situation from inside out. these agencies work as a backbone of the governement they do not only create rules out of thin air but they conduct investigations about the problems & issues then make rules on them. they help the government in preventing from any kind of trouble. they do all the paper works, administration work for the government.

1b- steps for making rules and regulations in those agencies.-

rule making in the administration agencies is the process in which new rules & regulations are made or existing ones amended. following steps are taken in rule making process-

1- creation of legislation	5- receive the comments of public on proposed rules/regulations
2- put forward a early notice	6- make amendments after comment from public then finalise the process
3- proposed rules/regulations put to draft	7- provide the date of effectiveness of the rules/regulations
4- proposed rules/regulations are published to public

1c- Do you think they should be a fourth branch of government and why or why not?

in america there are three official fedral government branches which are legislative, executive & judicial but it could become the fourth branch of governement because its working & activities affects these three branches of governement.this administrative agency complements the working of these three government branches so, it should become the fourth branch of governement.it is from my perspective.

answer 2- my decision Based on the Fox Television Station’s case-

from studying above case, it was clear that the it was accident not a willful act otherwise CBS would not have done five-second audio delay to guard against the possibility of indecent language being transmitted on air, but they could not have done it for video cause of some technological issues.

so, yeah findings on this case were not based on concrete grounds & not providing any clear proofs to the case.in other words, findings by the lower courts were arbitrary and capricious. in this regard, my decision would be in favor of the CBS netwrok. because it was an accident not a willful act.

answer- 3a

article on  infringement of one's intellectual property rights-

intellectual properties are those which are created by person's intelligence,art,work etc. these are the original works. & is other persons uses thier work for thier own profit it is the violation of the intellectual properties act. this is activity is called infringement of the intellectual property's right.

3b- infringmenet issues includes the-

• duplication of the original work without the consent of that person.
• use of logo, names etc of copyright companies.
• plagarism is the issue.
• piracy etc.

parties or court can solve above issues in the form of penalty of a sum of amount or party can sell its copyrights to other parties in place of specific price for a period of time.

3c- How has this infringement/result impacted society today?

infringement impacted the society in negative ways beacuse it is very wrong thing to do means it is not ethically or socially right to steal or use the original work of others just to earn profit. it steals the freedom of the person to do the work. peoples are making pirated cds,dvds of the works of persons which make them suffer loss. so, yeah infringement affect the society very badly.

* AS A EA, i can only answe 4 sub parts of the questions but i have given more answers just to help.hope these answers would help you in your study.good luck.