Business Reply - FOR 1 HOUR WRITER

Discussion Board Instructions

Replies

Read two of the threads posted by your classmates; select at least one thread which presents the opposite conclusion of your thread. Compose a reply for each using a word processor. Each response should be APA-formatted and should incorporate research to support your opinions and ideas. Please note that “I like what you said,” “That’s a good comment,” and “I disagree with your comment” in and of themselves do not count as a complete reply. Rather, stating reasons that support the opinion, adding additional ideas/thoughts, or providing alternative ideas/thoughts count as a reply. Courtesy in any disagreement is expected; thus, personal attacks or calling an idea “stupid,” etc. are not acceptable and will count against your grade. Each repy should be at leaset 200 words in length.

One of the goals of Discussion Board assignments is to encourage student community learning; thus, not every posting will have a response from the professor. Rather, the instructor may respond to a few postings in a way that adds to the conversation, asks a pertinent question, or summarizes some of the key points made by students.

Pleaase reply to following classmates:

File Suit

#1 Robert,

Frederick requires a binary answer, “sue” or “do not sue”.  The scenario is complicated by the fact that Frederick apparently has an idea vs.a working prototype.  The disclosure of that idea to his professors through his project creates the opportunity for damages, which seem to ensue.

There is precedent for research funded by a University and the product thereof to become property of the University (Yeh, 2012, pp. 453-502)  but there does not seem to be the same rendering for projects or classwork that is original to the student (rf. ( Universtiy of Florida v. KPB, INC, 1996) and (United States v. Dubilier Condenser Corp., 1933)).  In either situation, the precedent would almost certainly exclude personal ownership of the invention or intellectual property by the Professors and therefore any rights they might assume to profit from the same.

Frederick is a new believer and this is a significant trial.  God makes clear in scripture that it is the attitude of the heart that most concerns Him  (cf. Ps 51:17, Ps 139:23) and Frederick has to take a step back and gain a larger view.

The context of Pr 17:14 and 20:3 certainly point the believer to consider argumentativeness and contentiousness as folly and not honoring to God.  In the context of the wisdom literature, it may speak more toward how to live life daily than what to do when confronted with the exception.

Pr 25:8-10 is more direct and should create even more pause for the believer in considering any action that requires judiciary engagement, particularly in a secular forum.  The question for Frederick appears to become, “Is the cause (the claim), not just the damages, worthy of pursuit in light of the claim of God upon the believer?”

To that point, in Mt 5:25-26, 38-42 Christ points out that fighting over what is “mine” cannot occupy the high ground in our conduct in life.  The context of the message of Christ in this passage appears to be, “… get out of self-orbit and get focused on what matters…”, which is supported by His statement in 6:33, “…“But seek first the kingdom of God and His righteousness, and all these things shall be added to you.”

The converting issue then for Frederick is whether or not the totality of the stakeholders and secondary stakeholders (cf. (Melvin & Katz, 2015, p. 124)) in his actions is comprised of himself alone.  If he “turns his cheek”, is he the only one hurt?  The answer would appear to be a strong “no”.  The direct stakeholders would include himself and his family and secondary stakeholders would include those other students who may have been, or are yet to be, similarly harmed by these same professors (or others who see only benefit to these evil machinations) if their actions go unchallenged or un-curtailed.

In addition, although presumptive, secondary stakeholders may include future others that might have benefitted from how and why Frederick would run his company.  Those same will not have that opportunity.

If Frederick can act on the basis of preventing evil from triumphing in the public square and can act as an agent discouraging the propagation of evil upon other innocents, he is impelled to take action if it is in his power to do so  (cf. Dt 27:19, Ps 10:18, Ps  37:28, Ps 82:3). 

There is almost the sense of a deputization by circumstance, and God is usually in the odds.  That such a rare test is falling upon Frederick is good indicator God has chosen him to do something with it that is not self-motivated (cf. Ja 4:17)

I completely agree with the significance and truth of the thesis of Ms. Szto’s article:

…that the SM requires a radical spiritual model of lawyering, which includes active engagement with clients' motives, a refusal to be a tool of vengeance, and a resolute desire to be a peacemaker and healer. I call this model "lawyers as hired doves,"9 in sharp contrast with the predominant "hired gun" motif in American lawyering.” (Szto, 2000-2001, p. 28)

Yet, it appears incomplete.  Not only do we need the rest of the context of the Sermon on th Mount, particularly to whom Christ is speaking and why, justice and peacemaking are not synonymous any more than peace is simply the absence of war.  There are times that God calls persons and peoples into battle.  If Frederick has this opportunity to battle evil, the openness to mature to the point of the issue being other vs. himself, it may appear he is being called to the front.

Do Not File Suit

#2 Natasha,

In reading this case study I felt that it was wrong for someone to steal Frederick’s idea. Yet that was only based on feelings not the law in any way.  Also I began to look at this case through law and Christianity based ethics as well and decided to do not file suit would be the best decision for Frederick. Frederick is a “new” Christian and he wants to do everything right and he expects that everyone else is going to make the right decisions as well. As a Christian I find that sometimes and even a lot of times I am the only one standing for what is right or seeking the truth in a given situation. As a Christian I have learned that there people who are not Christians and they are out to lie, cheat, and steal. Those characteristics are from Satan not Jesus. Jesus is about love, respect, being trustworthy, and humble. “Blessed are the meek, for they shall inherit the earth.”  (Matthew 5:5, New International Version). This scripture is about being humble even when experiencing hardship. When someone mistreats you then we should still be kind and spiritual during this time of distress. “Blessed are the merciful, or they shall obtain mercy.” (Matthew 5:7 New International Version). In this scripture by being forgiving and loving towards our neighbors this will bring peace in your relationships. In the (Lord ’s Prayer) “Forgive us our trespasses, as we forgive those who trespass against us.” The lord has mercy on us so we need to have mercy on others.  So for Fredrick I believe he will have a greater and more prosperous ideas in the future if he trusts Jesus and knows that everything will work out for the greater good.

 

In the article by Stzo (2001) “Lawyers as Hired Doves: Lessons from the Sermon on the Mount.” The author Stzo (2001) has a piece called “Implications for Legal Practice: the Hired Dove” the most interesting part for me is when author makes a reference to Jesus Christ putting law, spirituality, and love all together. Before I started this class I never saw law that way. In the past I saw law as what is right and what are the facts. When I viewed law that way there was no love and no compassion in that way of thinking. A dove was a good analogy used in this article because when I think of a dove it is gentle not malicious, a dove exuberates goodness and not pain, a dove is peaceful and not bitter or cold. As a lawyer then one needs the patience, the heart, and kindness of a dove. At end of article I have learned that law has a lot to do with love and treating others the way you want to be treated.

In conclusion, do not file suit was my decision based on my Christian beliefs as well the law itself. Also in the textbook "Regulatory Environment Of Business." The Legal Environment of Business: A Managerial Approach : Theory to Practice the author Melivin (2012) defined a patent as “a government sanctioned monopoly right that allows an inventor the exclusive rights over an invention or method for a limited period of time” (p.704). Being that Fredrick did not have a patent for this new idea then legally this idea was not stolen. Also in the future I would advise him to look up and understand copyrights and patent laws.