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5Dec/120

Pay Per Click – 5 Ways To Effectively Attract Buyers

Pay per click, the market now lead by Google's Adwords, is the quickest way to send targeted visitors to your website. The days of testing whether a product has appeal or not is made easier with pay per click (PPC). But before you dive into pay per click advertising, know how the game is played first instead of losing hundreds of dollars for nothing. Below are 5 simple things you can do to create a successful PPC campaign and attract targeted buyers to your website.

1. Your keywords should appear on your URL

Pay per click is a game of keywords. You have spent time on choosing the keywords for your ads but a lot of people neglect displaying the keywords on their URL.

If you're targeting the keyword 'profit with adsense' then your display URL should have this keyword phrase in it.

Visitors looking at your advertisement will see the URL and will assume that the website contains information specifically to what they are searching for.

This will increase the click through rate (CTR) of your pay per click campaigns because Google Adwords for example, will decrease the cost of your clicks if your click through rate is high.

You are getting more clicks for a cheaper price.

2. Test the position of your advertisement

The majority of inexperienced internet marketers will try to bid their clicks for the first position. Various tests have shown that the first position is not the best position. The best positions are 3rd, 4th or 5th.

The reasons are that many visitors will click on the first position and second position. However, for serious buyers (which are the visitors you want to attract) they tend to click on a few more ads because they want to find out more and compare.

So if your PPC ad is on a few positions below the first and second position, it will have more chance of being the last ad they click on. This means they are more likely to buy from you if the offer is better than the previous ones they've seen.

3. Test the keywords of your PPC

If you have an ad which is getting a lot of clicks, do not alter it. There are some elements there which are attracting people to click on it. You need to use it as a 'control'

Create an extra ad and play around with the words that are similar to your 'control'. You need to continuously try and see if you can beat the CTR of your PPC 'control'.

Many people make the mistake of altering their 'control' and cannot get back the CTR because they forgot what their 'control' ad looked like.

4. Your landing page

Once the visitors click on your ad they will see your landing page. This page needs to contain information specifically to what they are searching for. The keywords need to be displayed on the browser's title and also a headline displaying the keywords is essential.

As soon as your webpage confuses the visitor and they think it is unrelated to what they have clicked on, they'll leave immediately.

5. Have an email capturing process

No matter if you want to sell your own product or an affiliate product, you need to capture the email address of the visitor on your landing page.

You have paid for the click so now you need a way to communicate with the visitor regularly and have them become your loyal customer. If you're not capturing email addresses on your landing page then you're not doing PPC marketing properly.

Pay per click (ppc) costs money so you need to spend time learning how to maximize your dollars. Using these 5 simple techniques you now have a good chance of creating a successful PPC campaign. However you need to also spend time studying different ways of generating web traffic. I've spend a lot of time on different techniques to increase web traffic to my blog which is just as effective as pay per click advertising.

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Filed under: Internet No Comments
17Nov/120

11 Costly Mistakes to Avoid When Hiring a Criminal Law Attorney

Mistake #1: Hiring an attorney without extensive experience in the field of criminal law.

Mistake #2: Hiring an attorney who is not licensed to practice law before all state and federal courts in your state, as well as before the United States Court of Appeals and

the U.S. Supreme Court.

Mistake #3: Hiring an attorney who is not a member of professional associations such as the National Association of Criminal Defense Lawyers, American Bar Association and Association of Trial Lawyers of America, as well as the trial lawyers and bar associations from your state.

Mistake #4: Hiring an attorney who isn’t honest in explaining his fees and what’s included upfront.

Mistake #5: Hiring an attorney without knowing who will represent you in court.

Mistake #6: Hiring an attorney who you don’t feel comfortable with or someone who you don’t feel confident in his abilities to assist you.

Mistake #7: Hiring an attorney you don’t trust.

Mistake #8: Hiring the lowest priced attorney.

Mistake #9: Hiring an attorney who isn’t upfront about the merits of your case.

Mistake #10: Hiring an attorney who doesn’t have an excellent reputation with his clients and the entire legal community.

Mistake #11: Hiring an attorney who doesn’t take the time to listen carefully to your needs.

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10Nov/120

Trade Mark Law in India & Its Violation – an Analytical Study

Trade Mark- A Fundamental Concept

A trademark or trade mark is one of the elements of Intellectual Property Right  and is represented by the symbol ™ or ® or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.

Rights & Remedies of a Trade Mark Owner-

The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

Two types of remedies are available to the owner of a trademark for unauthorized use of his or her mark or its imitation by a third party. These remedies are:

an action for infringement' in case of a registered trademark; and

an action for passing off' in the case of an unregistered trademark

 

While former is a statutory remedy, the latter is a common law remedy. In an action involving infringement or passing off, a court may grant relief of injunction and/or monetary compensation for damages for loss of business and/or confiscation/destruction of infringing labels and tags etc. 

Although registration of trademark is prima facie an evidence of validity of a trademark, yet the registration can not upstage a prior consistent user of trademark, for the rule is ‘priority in adoption prevails over priority in registration`.

Infringement of Trade Mark-

Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration.

Trade mark Law in India-

The Indian law of trademarks is enshrined the new Trade Marks Act, 1999 came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed at the same time. The new Trademarks Act of 1999 is in line with the WTO recommendations and is in conformity with the TRIPS Agreement to which India is a signatory.

India has declared certain countries as convention countries, which afford to citizens of India similar privileges as granted to its own citizens. A person or company from a convention country, may within six months of making an application in the home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign national will be deemed to have registered his or her trademark in India, from the same date on which he or she made application in the home country.

Scope of Foreign Investors With Regard to the Registration of Trade Mark in India-

Registration of trademarks is one of the important protections that businesses should avail in India. Many foreign and domestic Applicants have been able to successfully register their marks in India. Indian courts have upheld many of those registrations and granted favorable decisions to rights holders.

In addition to the registering of their trademarks in India, businesses need to adopt other strategies for protecting their trademarks. Some of them are mentioned below:

Get trademark searches conducted in the Indian Trade Marks Registry in the classes that are of interest to you including the ancillary classes.

Get common law searches (this includes the internet, market surveys, yellow pages and directories) conducted to ascertain whether third parties are using your trademarks and if so, the extent of such use.

Based on this information and after seeking the local counsel’s opinion decide if the trademark is available for use or not.

Should the trademark be available for use, immediately apply for the registration.

The rights holder should also consider hiring a watching service to monitor the trademark journals in order to alert them to any published, deceptively similar trademarks or descriptive trademarks that might be of concern.

Should the rights holder own a trademark that has been used and has acquired goodwill and reputation, it is advisable that along with filing of the trademark application in India, they should also make press releases, publish cautionary notices and advertise the mark to ensure that the relevant section of the public is aware that they are entering the Indian market and are protecting their trademark from any kind of third party violation.

The rights holder should also take immediate steps to register their domain names including country coded top level domain names in India, as there have been many instances of third parties registering domains for certain well known marks with the intention of extracting money by selling these domain names to the rights holders.

Should the rights holder discover that their trademark is being infringed, they should take immediate steps to protect their trademark, either by the means of filing oppositions, cancellations, conducting investigations, sending cease and notices or initiating appropriate civil and criminal actions.

 

Cases of Trade Mark Violation in India-

Trade mark infringement especially among the corporate classes in India is rising on an alarming rate. Few of the notable cases have been described in brief.

 1.  Pantaloon dragged to court by Shoppers’ Stop and Lifestyle; Westside also contemplates similar action, (July 14th, 2008).

 Shoppers’ Stop and Lifestyle have dragged their rival Pantaloon to court as they were miffed with an advertisement issued by the flagship company of Kishore Biyani owned Future Group that offered 10% extra discount to their loyal customers vide an advertisement issued in The Times of India, New Delhi, dated 28th June, 2008. The complainant retailers have accused Pantaloon of trademark violations and unfair business practices, says a Live Mint report. All the three parties operate department store format store chains in lifestyle segment.

Even Westside has taken objection to the ad saying, “We have sent a notice to them to which they have not responded,” said Smeeta Neogi, Head (Marketing) Westside.

Pantaloon’s ‘Central’ mall at Gurgaon had offered 30% discounts to its customers over the weekend. Loyalty card holders of competing retailers like Shopper’s Stop, Lifestyle and Westside, were lured by Pantaloon by offering an additional 10% discount on select brands of apparel. The advertisement asked such customers to: ”Present your membership card to avail this offer.”

Loyalty cardholders are mainstay of business for most retailers. Shoppers’ Stop has a highly popular loyalty card programme branded “First Citizen.” According to analysts, more than two-thirds of Shoppers’ Stop’s apparel business is accounted for by its loyal customers.

“They (Pantaloon) are luring my customers by using my name in an unfair manner,” said Sandeep Mittal, the lawyer representing for both the petitioners.

The Honourable Delhi high court has issued an injunction restraining Pantaloon from using names of its rivals in the ads until the next hearing in the matter fixed for 31st July.

Taking potshots at these competitors is not new for Pantaloon. Last year, its Big Bazaar chain had put up hoardings, asking customers to “Keep West-aSide,” “Shoppers! Stop” and “Change Your Lifestyle. Make a Smart Choice.”

2.   Amul wins trade mark case in Gujarat High Court, (Sep 24, 2007)

Amul has won the trade mark case in Gujarat High Court and no one else can use it.

The Kaira District Co-operative Milk Producers? Union Ltd. and GCMMF had filed trade mark infringement cases, against two local shop owners ? Amul Chasmaghar and its partners and Amul Cut Piece Stores in the District Court, Anand.

The District Court, Anand passed an order dated 25 April 2007, ruling that it was a clear case of infringement and restrained the two from using the Amul trademark.

 Amul Chasmaghar had challenged this interim injunction in the Gujarat High Court. The Gujarat High Court ruled the decision in favor of Amul, terming the order passed by the trial court as true, correct, legal and in consonance with the facts of the case, as well as in accordance with the provisions of the Trade Marks Act 1999.

3. Trade Marks Disputes Involving Pharmaceuticals Industry in India-

A.  Beecham Group Plc. vs. S.R.K. Pharmaceuticals 2004 (28) PTC391 (IPAB)

The appellant was using the mark 'AMOXIL' in India since 1990. This mark was registered in India in 1972 in Class 5 in respect of Pharmaceutical goods. The respondent started using the mark 'LYMOXYL' in India from 1985. The respondent filed the application for registration of the mark in 1987 in India in the same class with respect to similar goods.

The appellant brought an action against the respondent stating that the mark is deceptively similar. The only difference between the two marks is in the prefix 'LY' and 'M'. The rival marks are phonetically and deceptively similar and the goods are pharmaceutical goods under Sec. 12(1) of the Act.

The Intellectual Property Appellate Board (IPAB) held that the respondent dishonestly adopted the mark by copying it from the appellant who had got the mark registered long ago. Hence the respondent cannot claim honest concurrent use, by virtue of earlier use. The Appellate Board delivered a judgment prohibiting registration of the Trade Mark 'LYMOXYL'.

B.  Ranbaxy Laboratories Limited vs. Anand Prasad & 4 Others 2004 (28) PTC 438 (IPAB)

The appellant was the registered proprietor of the mark 'FORTWIN' and had been using the mark since 1975. The respondent applied for registration of the mark 'OSTWIN'. Both the marks related to pharmaceutical compositions in respect of treatment of bones.

The appellant brought an action against the respondent stating that the mark is deceptively similar. The IPAB held that the prefixes are 'FORT' and 'OST' while both the marks end with the suffix 'WIN'. It was further held that since the rival goods are also pharmaceutical goods it might lead to serious consequences due to deception or confusion in the minds of the public. Hence on the possibility of harm being caused to common person the appeal was allowed.

C.  Wyeth Holdings Corp. & Anr. vs. Sun Pharmaceuticals Industries Ltd. 2004 (28) PTC 423 (Bom)

In this case the plaintiff whose former name was American Cynamid Company and who was the proprietor of the trademark 'PACITANE' registered the mark in Class 5 of Pharma goods. The respondent was using the mark 'PARKITANE' with respect to similar goods. The plaintiffs filed a suit for infringement and passing off and sought various reliefs including interim injunction against the defendant for using the mark 'PARKITANE'.

The Court held that in both the cases the goods are similar, being pharmaceutical preparations for treatment of Parkinson's disease, the customers buying these goods are the same and the trade channels are the same. Since the defendants did not show any search of the Register before adopting the impugned mark, prima facie adoption of the mark was not honest. Further, the Court held that despite protests, if the defendants have chosen to continue to sell the products, it cannot be said to be acquiescence by the plaintiff. Therefore the Court held that injunction is to be granted in favour of the plaintiff.

 

The Court further held that in case of pharmaceutical products, the test is of possibility of confusion and not probability of confusion. The plaintiffs have been in the field since 1950 and as such the balance of convenience is in their favour. The Court granted injunction in favour of the plaintiffs.

D.  Hoechst Aktiengesellschaft vs. Artee Minerals & Anr. 2004 (28) PTC 470 (IPAB)

The appellant was the registered proprietor of trademark 'ARELON'. This mark was registered in class 5 with respect to pharmaceutical goods relating to preparation for killing weeds and destroying vermin. The respondent filed an application for registration of the mark 'ARTEELON' in the same class with respect to pharmaceutical goods.

The appellant opposed the application for registration of trade mark filed by the respondents on the ground that the registration of the impugned mark would be contrary to provisions of Sections 9, 11, 12(1) and 18 of the Trade and Merchandise Marks Act, 1958.

The IPAB held that the rival goods were same and the only difference was the letters 'TE'. The Appellate Board further held that the possibility of confusion and deception is not ruled out and hence affirmed the order rejecting the application for registration filed by the respondent.

The IPAB further held that the benefit of use under Section 54 is given only in case of rectification proceedings when use of an associated trademark is deemed to be use of the registered trademark against which rectification proceedings are initiated for non-use of the mark.

Conclusion-

In conclusion it can be drawn that Indian Trade Mark Law must me updated on frequently keeping in pace with the dynamic and new methods of Trade Mark infringement. Both Courts and Enforcement authorities must be well equipped and be trained for efficient disposal of cases relating to Intellectual Property.

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7Nov/120

Unlawful Acts Under the California Unfair Competition Law

Unfair competition refers to illegal commercial activity ranging from trademark infringement to false advertising.

As any other state, California has formulated its own law, the California Unfair Competition Law to protect the business sector and its consumer.

The California Unfair Competition Law defined this illicit performance as:

• Any unlawful business act or practice

• Unfair business act or practice

• Fraudulent business act or practice

• Unfair deceptive, untrue or misleading advertising and

• Any act prohibited by section 17500-17577.5

The definition of section 17200 of the CUCL is disjunctive. The five words that define unfair competition operate distinctively from its other. It means that an act is considered prohibited or fraudulent even if it is not unfair or unlawful.

Unlike other unfair and deceptive practices statute that requires intent as an element, section 17200 of the CUCL does not require that the defendant have intent to defraud the plaintiff.

Who may be sued under the California Unfair Competition Law?

Unlike any other statutes, the California Unfair Competition Law does not exempt specific industries. It applies to all persons. Moreover, persons in the statute refer to all natural persons, corporation, firms, partnerships, Joint Stocks Corporation, association and other organization of persons.

What constitute a business act or practice?

The California Unfair Competition Law requires that the wrongful acts that defined unfair competition must constitute a business act or practice. In addition, the act or practice has been construed to encompass most conduct. Even a single act is sufficient to allege a claim under section 17200.

What constitute unlawful business act or practice?

A business act or practice is unlawful if it violates any law. Unlawful claims includes violation of numerous laws and regulations existing at the various levels of government including, state statutes, state regulations, local ordinances, prior case law and standard of professional conduct.

How to plead an unlawful claim

For a party to successfully file a claim under section 17200 based on unlawful business act or practice it is necessary that he allege or show sufficient facts of the violation of the law. Failure of a party to show supporting evidence would affect the legality of the claim.

How to plead an unfair business practice

To successfully plead an unfair business practice it is necessary that the plaintiff must show the unfair nature of the conduct. The plaintiff may also allege that the harm caused by the conduct must outweigh any benefits that the conduct may have.

What constitute fraudulent acts?

A business act or practice is fraudulent if members of the public are likely to be deceived. Under this act, it is not necessary that the wrongful conduct involve advertising or false representation.

A claim under sec. 17200 premised on fraudulent acts does not require proof or intent, actual reliance or damages. According to a case decided by the US Supreme Court the statement need not be material to the transaction - it need not have affected the consumers purchasing decision.

How to plead a claim based on fraudulent conduct?

To plead a claim under section 17200 based on fraudulent conduct the plaintiff must assert that the consumers are likely to be deceived by the defendant conduct.

In a case recently decided by the court, California law requires a plaintiff to prove that defendants advertising claims are false and misleading.

If you have been a victim of any unfair competition practices, consult our highly commendable team of expert Los Angeles Business Law attorneys. Just log on to our website and you may take advantage of our free case evaluation services.

2Nov/120

What You Condemn Or Admire In Others Talks About You

The human psyche seems to have a pendant for projecting our shortcomings onto others, but also our good traits.

Without the other we would not be able to know the self: they are our mirrors. If you want to know whether your hair looks great or if your new coat suits you, you take a look in the mirror. You need that mirror to be able to look at your outer appearance.

The same counts for your inner world. If you want to have a look at yourself inside, look into the mirror, which is other people : the traits you hate in them and the ones you love in them. This tells more about you than you think! In fact, you hate and love those traits which you pushed away into your shadow zone, which you decided you do not want to see (the negative traits you condamned as bad or no good), or those which you decided you don?t have (the positive traits, which you call good and which you would like to have but you think you do not have them).

In order to see inside yourself, look at what disturbs you in others and what you admire in others. All these traits are energies you pushed away and which you need to recover. That is why this bothers or attracts you now in your life.

What we condemn or detest in others are our own qualities that we do not want to face, but that we should be working at. This is called the negative projection. What you do not like in others, or even hate, is a part of yourself.

When the indifference of another person disturbs you, it means that you should be more indifferent yourself and stop to invest yourself for 100% everywhere and with everyone! This does not mean you have to become as indifferent, cold and distant as the other person, but that you should reintegrate a part of this energy in your own behavior, and become a little less involved in what you do. Too much involvment can hurt you. You need to learn in this case to take more care of yourself instead of being so focused on the other one.

If you are balanced on this polarity of indifference (one extreme) and too much involvment (the other extreme), than the indifference of the other won't bother you anymore. This counts for every trait that bothers you in others! You should integrate the energy of this trait in your energy field. This means to become a little bit more like the other (in this exemple : indifferent) and become the opposite to yourself (more involved in your own well being).

When you start to integrate the behavior that disturbs you in others, you will notice that this behavior doesn?t disturb you anymore. You simply do not notice it anymore. You have integrated this energy, so now you become neutral towards this topic.

When the aggressive behavior of a partner or colleagues is getting to you, then you may have to learn to say no, defend your ground and clearly mark the borders. The fact that the aggression in the behavior of somebody else disturbs you, means that you have hidden that energy away in your shadow side. You can reclaim that energy and develop it in other ways that support your balance in life.

This counts for every behavior in others that disturbs you. This is the fastest way to grow and to keep up with others at the same time!

On a scale of polarities, what you hate is the polarity you did not develop inside you and you should. Life showes you this in the behavior of the significant other. In stead of hating him or his behavior, observe, ask yourself what you have to learn, learn it, integrate (you become a better person, a whole, complete person) and the screen of life will show you a more balanced person!

In the same way, the good traits you admire in others are your own qualities that you do not know you have. You think you are lacking these talents and admire them thus in others. These qualities are present within yourself but they are under construction and also need developing. They are, however, a mirror image of your highest abilities. This is the positive projection.

Think of a male person and a female person you admire, and who you know in real life. Make a list of the qualities and traits you admire in them. Then read this list again and say out loud in front of each quality : I am...

Lets say you admire the elegance and the organizational skills of your best friend. This means you too have the capacity to organize your life and things and you too are beautiful, otherwise you would even not be able to see it in others! You do have the germ of these qualities inside, otherwise you wouldn?t be able to notice them.

This list clearly represents who you are. This is the truth about you. These qualities are INSIDE of you. They are merely waiting to be discovered, expanded and expressed.

You can do the same with people you do not know personally, like movie stars, singers, historical figures, politicians, mythical figures, fairies. List their qualities and read for yourself : I am...

In the beginning you are maybe sceptical, you do not want to believe you possess yourself these qualities. But have a closer look and admit the possibility of having these qualities inside you in the form of seeds that need to be cultivated in order to blossom.

What you do not have inside yourself, you can not see in others!

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Filed under: Motivational No Comments
28Oct/120

How To Avoid Copyright Infringement

Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else's work, it's not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others' works -- as long as we use it under Fair Use laws. So what does Fair Use have to do with copyright infringement, and how can you utilize it?

Fair Use laws allow us to use a copyrighted work without having to pay someone royalties. This includes using a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library.

Copyright Infringement in day-to-day life

Sometimes, if you're writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone's work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask -- the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement.

What is the public domain, and how does it relate to copyright infringement?

Material that is not copyrighted is considered in the public domain. You cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyrightable -- such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.

So, how do I ensure I'm not committing copyright infringement?

First of all, if you're going to use someone else's material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else's copyright. However, if you can't find something suitable (and you can't create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.

When you contact the copyright holder, make sure you tell them what you want to use their piece for -- whether it's for your blog, podcast, or report -- and ask if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you'll be free and clear to use their work as you want.

Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries. If you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit, which can be nasty, costly, and time consuming. If you're in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you're following the law -- and protect yourself!

QUESTION: If you hear a great new band, and then download a song from MySpace, is that legal or not?

ANSWER: The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. If you download a song -- no matter if you're on a website or a MySpace page -- and it isn't coming from the artist themselves, you may want to think about downloading it. Chances are, if it's not coming from them, you can't have it -- unless it is under a Creative Commons License. Creative Commons gives the exact ways in which you can use the license -- and many times those are completely free and legal to download, so make sure you check if it's under a CC License.

QUESTION: If I'm writing a paper, or article, and I want to quote another website, can I?

ANSWER: First of all, did you know the minute you write or create something, you hold the copyright to it? ESPECIALLY if you're writing it online -- it's very easy to track things on the Internet. So, if you're writing a blog, all the things you've written (no matter good or bad) are recorded, thanks to Archive.org, which lets you review last versions of your web pages.

Sometimes, we can use someone else's work in our own, and think we're small and anonymous. That no one will notice by the time you get it down -- you're just "borrowing" it. Before you begin quoting anyone's website -- from CNN to your local neighborhood hardware store -- you need to ask the person who holds the copyright if you can. Usually, they'll let you if you attribute to them. Depending who you talk to, you'll either have to pay royalties or license rights to republish. If you don't ask before you quote, you're beginning the events of copyright infringement and you are opening yourself up for a lawsuit.

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Filed under: Law No Comments
24Oct/120

Cyber Criminal Arrested Through Digital Footprint- An Excellent Job By Special Cell, Delhi Police

Neeraj Aarora: AICWA, LLB, PGD (Cyber & DLTA), CFE (USA)

There is lack of security culture amongst the user of computer, computer system, and computer networks. The same is evident from the recent report of Anoushka Shankar (daughter of the legendary music maestro Pandit Ravi Shankar) email hacked into by an offender who took control of some very private photographs stored in the inbox of the email.

Pandit Ravi Shankar has made a complaint to Union Home Ministry that his daughter is blackmailed and threatened via email by some unknown person. Later the complaint was referred to the Delhi Police and the investigation of the case was taken up by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav elite Special Cell of Delhi Police. The unknown accused person was allegedly blackmailed and threatened Anoushka via emails that he would make some of her photographs public found in her email inbox, if his demand of $ 100,000 is not paid by her. The unknown accused person apparently hacked the email account of Anoushka and took control of some of private photographs stored in the inbox.

The aforesaid officers of Elite Wing of the Delhi Police, the Special Cell, did a commendable job. Apparently, the accused person took control of the password of the email account of Anoushka by hacked into it. He found some very private photographs of her and thought to make some easy bucks out of it, by blackmailing Anoushka as it would cause great embarrassments to the father daughter duo who are internationally recognized musicians.

The special cell cops traced the internet protocol address (IP address) from which the Emails were sent. An IP address or "Internet Protocol" address is the unique number assigned to every device such as a computer on an internet network so that data can be routed to and from that device and no other. It is much similar to a postal mailing address that identifies the physical location of your post office and allows the mail carrier to know where to deliver the mail, a device's IP address is what allows the internet to know where to send the data destined for the particular computer. It’s not an easy task to trace the physical location of the computer to which an internet IP address has been assigned and thereby identify the computer's user as we are made to believe through some Hollywood movies. It’s not that just you located the IP address, you located a criminal. It’s nowhere that easy.

The IP address are assigned to a netuser not based on his location but from the Internet service provider (ISP) from where he gets the net connectivity, which may be different from user to user, if they avail the services of different ISPs.  Even, if the user avails the services of the same ISPs there are no hard & fast rules that the IP addresses necessarily appear "close" to one another in any sense, other than the convenience of the ISP.

The IP address can be tracked from the header of the Email IDs. There are various IP address locator available like http://www.whois-search.com from where one can get information about the ISP address to which the particular IP address belongs. Some additional information may be available that indicates the general area that an IP address might reside, i.e. the location of the country or city, if ever, but nothing more specific than that. Here the help of the ISP is required to pinpoint the location and identity of the user. The ISP that allots the IP address to particular computer knows where the user lives. But the ISP’s would not provide the information to the general public due to the strict privacy policy which they adhere to. Here the role of law enforcement machinery comes into picture. The Police and the courts can, with appropriate cause, direct the ISP that the requisite information with respect to the IP addresses be provided. The Section 91 of Code of Criminal Procedure, 1973 and Section 69 of the Information Technology Act, 2000 makes provision to this effect.

The extortive emails sent by the offender were found to be sent mostly from Gmail Account. However, the Gmail blocks the IP address of the sender and it is not visible to the recipient of the email.  However, one email was found to be from other email service provider and it was found that it had been sent from India; rest of the emails were found to be from Dubai, elsewhere in the UAE, and the USA. The police tracked down one of the IP address to a residential address located at MUMBAI and nabbed the accused person, whose name came to be known as Junaid Jameel Ahmed Khan who confessed to his crime.  The cops seized the hard disk of the computer from which the alleged emails were sent, prepared the mirror image of the same and the hard disk was sent to the Forensic Science Laboratory, Hyderabad for further analysis. The cops also seized the passport of the offender through which it was found that the offender was at Dubai on the same date when the extortive emails from Dubai were received by Anoushka, which clearly corroborates the offence committed by the offender.

The Special Cops did a commendable job in nabbing the accused person who was blackmailing Anoushka and giving her sleepless nights. The police have seized and preserved the crucial digital evidences and other documentary evidences which would prove the guilt of the accused person. Cyber technology is an extremely complicated field and the internet is being increasingly used as a place to commit crimes using personal computers, as well as network-based computers. It clearly shows that the Special Cell Cops know their job; they not only understand the criminal mindset but also Computers and networks, how they work, and how to track down information on them and know the basics of gathering evidence and bringing offenders to justice.

The Special Cell cops registered the case under Section 386 Indian Penal Code which deals with offence of extortion. The maximum punishment for such a crime, if proven guilty, is 10 years’ imprisonment. The offence is cognizable and non bailable. The accused hacked into the email of the Anoushka, however the police at the preliminary investigation stage did not invoked Section 66 IT Act, because the modus operandi of the offender was not known as how he took control of the private photographs of Anoushka, which during investigation and seizure of the computer become apparent that the same has been copied into his computer by hacking the email id of Anoushka. Now Section 66 IT Act has been added as the same is attracted to the offence. The material evidence seized by the cops proves the involvement of the offender as the IP address has been traced to his residence. Further, the examination and analysis of the seized hard disk of the computer of offender at the forensic laboratory would prove that the emails have been hacked into and photographed copied by the offender from the inbox of the email. If it is further revealed by the analysis of the hard disk that the photographs (read obscene or nude) found in the possession of the offender, have been transmitted by him electronically, say some of his friends, the same would amount to publication in electronic form which would be squarely covered and punishable under Section 67 of the IT Act, 2000 as well.

Thus, the excellent investigation done by Inspector Pawan Kumar under the supervision of ACP Sanjeev Yadav of the Special Cell, Delhi Police should be applauded which gives a warning to the prospective criminals that they are not anonymous in the virtual world. Their activity on the internet leaves a footprint through which they can be traced and brought to justice. However, at the same time the netizens need to be educated about the best security practices they should adopt and keep in mind while they use computers, computer systems, computer networks and should not fell into the trap of cyber criminals, like Anoushka. After all, prevention is better than cure.

Any Quarry Please Send the mail neeraj@hazenlegal.com

wahm

23Oct/120

Passover Saga – Myth Or History? (17) 1300 BC – 40 Years Wandering – Deaths of Aaron and Moses

The atmosphere about the camp was full of gloom for many weeks after the Golden Calf episode and the killings of the idolaters - many of the Israelites had known some of those slain; the families who had lost members felt shamed, and moved to isolate themselves at the outskirts of the camp.

Binay had watched Moses go up to the mountain-top again, but now, everyone knew he would return, the general feeling being that he would be away for another lengthy period. Binay noted an attitude of withdrawal by Aaron, essentially removing himself as second to Moses - spending much time in prayer, meeting only with his Levites. This benefited Binay - Joshua had assumed responsibility with the withdrawal of Aaron and the absence of Moses, and now devoted himself exclusively to tribal leader problems - Chonoch had become the operating military commander; in turn, promoting Binay as his lieutenant.

Meanwhile, Binay and Lansel, and Chadaric and Rachisa, had begun planning their marriages - lifting their spirits along with all who knew them - with joy and the excitement of their optimism about their futures.

After the mourning period had passed for those Hebrews who had been killed, Binay could feel an increasing confidence in the spirits of the people. Many able-bodied men had joined the Hebrew armed forces, and the days were busy with patrols and constant military exercises. It became clear to Binay that Joshua was preparing for what lay ahead, anticipating many hostile peoples to be encountered and overcome.

Moses finally returned - after exactly forty days and nights - and carrying two new tablets of stone on which symbols of the Ten Commandments were carved. Binay, part of the welcoming group of Joshua, Chonoch and tribal leaders, saw that his face shone even more than before. Aaron had remained quietly in the background, restricting himself to purely religious matters.

Finally came the day of joy and happiness - the marriages of Binay and Lansel, Chadaric and Rachisa, plus scores of other couples, Moses himself and Aaron officiating. There were seven days of celebration for the entire people of Israel after so many months of fear, uncertainty and struggle. Now the attitude became one of hope and a joyous future.

As the camp settled into a commonplace routine, in addition to the constant military practice, Binay found pleasure in a new activity instituted by Moses - which reminded him of his tutelage under Manthro in Egypt. Moses began giving detailed instructions he had received from the Lord: about building a Sanctuary, a Tabernacle and an Ark of the Covenant; and sermons about the laws of the Sabbath; of circumcision; of ritual cleanliness; of the monthly periods of impurity for women; of death and dead bodies and purification and mourning periods; of religious standards and purity for food, what could be eaten and what not. There were laws about proper respect for parents, requisite behavior with family and associates, even strangers; that during harvest, the corners of fields were to be left for the gleanings of the poor and strangers, also the droppings from fruit trees. These rules of behavior and morality were taught, first to Aaron and the tribal leaders, the elders, and military officers including Binay, then in turn, to all the people,

To build the tabernacle, the most expert artisans and skilled workmen among the people were recruited, along with all the materials needed: specially stained wood, precious stones, gold for plating the holy Ark and woven goods for curtains, To carry the holy articles with them wherever the Israelites would travel, designs of rings and staves were included. Gradually, the Tabernacle and the Ark of the Covenant were crafted and assembled, and the place for the Sanctuary was erected - the Levites, under Aaron, taking control of this symbolic prayer site of the Lord God of the Israelites.

With hours spent each day in combat training of the citizen-soldiers, Binay gradually became aware of an attitude of concern growing into fear among the populace, "We hear there are giants in the land that Moses is taking us to - they will kill us." and "Better we should be slaves in Egypt!" Binay passed on the information to Chonoch, from him to Joshua, then to Moses himself - that the people wanted scouts to be sent, to see what the land and its occupants were like, and to bring back specimens of the fruit and

products. Binay and the honor guard heard Moses explode, "The Lord has already scouted this land for us - how dare this stubborn people ask this?"

However as time passed, and the fear and grumblings grew, Moses finally consented to a scouting mission, one scout from each of the twelve tribes. The leaders of the mission were Joshua and Caleb from the tribes of Ephriam and Judah.

The scouts were gone for forty days exploring the land of Canaan, returning with a large cluster of grapes - and with stories of mighty forces against them, of the Canaanites, and Amelikites, and Hittites, and Jebusites, and Emorites - and well-fortified cities - that the Hebrews would not be able to defeat them. So reported ten of the scouts to Moses and the elders - that the Israelites could not succeed militarily in conquering Canaan - that they should return to Egypt, even to be slaves again!

The heart of Binay sank at hearing such words from the ten scouts, one after another. But then came Joshua and Caleb - angry with the ten and their negative report - instead they roared confidence in themselves and the Lord God to defeat all the peoples of the land. Binay, his heart pounding now, shouted his support of Joshua and Caleb. All eyes became focused on Moses, whose face was as dark with anger as Binay remembered when Moses had confronted Pharaoh.

Moses stood up, looking at no-one - he closed his eyes, his face growing calm - he became immobile, as if in a trance. Everyone grew silent, with bated breath, watching. Time passed. Moses stood rock-like.

Finally Moses opened his eyes - but he looked straight ahead, staring at the horizon. His voice was calm, "This report is evil, there is no faith in our Lord God." He paused.

"Thus says the Lord - for each day of the forty days, the Hebrew people will wander in the wilderness for one year - until this entire faithless generation is gone." His solemn gaze now focused on the twelve scouts. "Only Caleb and Joshua will live to enter the promised land."

Moses then walked away, not looking to the right or left.

A hush was on the multitude. Then Binay saw one of the ten scouts cry out in pain, turn ashen and slump to the ground, then another, and another. Soon all ten were writhing on the ground. In shock, no-one moved to help them. Gradually the ten quieted, lay immobile. Then family members, weeping, took away their dead - for burial outside the camp.

For the mourning period of thirty days, the mood of the Israelites was somber, knowing their destinies, their lifetimes to be wandering in the wilderness.

Time passed, and Binay and Lansel had a son whom they named Moses; and Chadaric and Rachisa had a daughter they named Daphira. Their happiness in each other and their children made their lives full and rich despite the nagging knowledge of their own futures - their personal feelings dominated by hope, even confidence, in the futures of their children.

In the first month of the second year of the Exodus from Egypt, the tabernacle was set up - immediately the column of cloud of the Lord rose above it - becoming a pillar of fire by night. Binay experienced a flush of exultation. He felt inspired by the thought that the Hebrew people were now ready to be led again by the columns of fire and cloud, the beacons of God, leading them onwards - even for forty years through the desert and wilderness.

Binay, closer to the people through the citizen-warrior training exercises, was the first to become aware of resentment festering among some Hebrews - instigated by jealousy of Aaron and Moses. He reported his observations to Chonoch, who passed them on to Joshua and finally to Aaron and Moses - the feelings of the people gradually rising to expressed challenges and open rebellion. Two of the tribe of Reuben, Dathan and Abiram, whose tents were located in the south of the camp, were openly objecting to Moses having appointed himself as leader of the Israelites. Binay had heard Korach even confront Moses directly, "I am from the stock of first-born Reuben, so I should be Chieftain. Moses, you take too much upon yourself - our entire congregation is holy. The Lord is in the midst of us all. So, why do you raise yourself above the assembly?"

With Moses attempting to ignore such challenges, they only worsened. Soon after, Korach and some of the tribe of Levi, also began challenging the position of Aaron as High Priest.

Moses had sent to Datham and Abiram to come up to the Meeting Tent and be with the rebellious Levis, but they ignored his request, "We will not go up."

Binay and his soldiers then watched with alarm as Korach assembled 250 men who supported him. While mostly from the tribe of Reuben, some were learned elders of the Sanhedrin. Binay reported the gatherings to his superiors - the situation was now serious, an openly rebellious force against Moses and Aaron,

Moses, told of the rebellion, fell on his face in sorrow. Joshua, with Chonoch and Binay alongside, asked quietly, "Shall we draw our swords against them?"

Moses shook his head, "No. This is a challenge, not to me, but to the Lord."

Moses then went to the assembly of Korach and announced: "In the morning, the Lord will make known his choice, who is holy."

He then turned to the Levites who were in defiance of Aaron - each should take his censer vessel and coals, to sprinkle them with incense, and thus to ready them for the Lord's fire - if they would be chosen.

Joshua and his army, including Binay and Chadaric, formed a guard around Moses and Aaron, closely watching the playing-out of events, Moses, they saw, was in clear distress and had sunk to his knees; he emitted a cry of pain to the Lord, "Accept not their offering. I have not harmed even one of them."

Moses then rose and sent word to Korach, "You and your congregation on the morrow, all will be before the Lord - each man, and Aaron also, with his censer plus coals and incense - to see who will be chosen by God."

At dawn, the next morning, everyone stood ready, each praying to the Lord to be selected. Binay and Joshua's army surrounding Aaron and the rebellious Levis of the tribe of priests with their censers. Korach. Datham and Abiram, all stood, defiant, at the entrance of the Tent of Meetings. The Hebrew people all crowded around, watching with bated breath.

Moses then cried out to the congregation, "The Lord says that all of you who are not with Korach, Datham and Abiram are to withdraw from them."

Many drew back in fear. Then Korach, Datham and Abiram, with their families, withdrew to the entrances of their own family tents.

In a strong voice, Moses called out, "By this you shall know that the Lord sent me to do this thing - It was not I who devised it."

Binay watched in horror, then all fell to the ground as the Earth shook violently - a split in the ground appeared suddenly - beneath Korach, Datham and Abiram. Instantly they were swallowed up, along with their families, their tents and all their possessions. And all of Israel who were near, fled so as not to be swallowed up also.

And as Binay still watched - awe-struck - there came a mighty roll of thunder - and a swath of fire streamed down from the heavens - and, in a flash, all the 250 men who had challenged Aaron with their censers were consumed. Then, a thin, single streak of forked lightning, with a single clap of thunder, lit the censer of Aaron.

And so, gradually it became accepted that this generation of Hebrews would be forced to wander in the wilderness for forty years - until a new generation of Israelites had matured; all the males would have their foreskins circumcised - the Israelite people would then be led to their promised land.

And forty years passed - the tribes of Israel had lived as nomads of the desert for all that time. They had contested with the occupants of the lands who would not let them pass through in peace, or who had with-held water and vegetation - protected by the might and skill of Joshua's army, and the people's belief in Moses and their Lord God - and with the columns of cloud and fire upon the Ark of the Covenant which led them. Almost the entire Exodus generation had now been buried along the way.

Moses and Aaron were now very old, walking with difficulty. The Israelites had reached Mount Hor, by the boundary of Edom, east of the river Jordan. Binay and Joshua watched as Moses and Aaron climbed up the mountain with their staffs, moving slowly. Aaron was wearing the over-garment of his position as High Priest. Aaron's son Eleazar walked behind them. Tiny figures high up in the mountain, Binay and the

Hebrew people could still see them: Moses and Aaron turned to face each other, then embracing. Then Moses lifted the over-garment of the office of the High Priest from the shoulders of Aaron and placed it over the head and onto the shoulders of Eleazer. Aaron and Eleazer then embraced. A moment later, Aaron and Moses turned and began climbing higher up the mountain.

After a time Moses returned to sight, followed by Eleazer, now wearing the High Priest over-garment - Aaron had worn that symbol of his position for forty years.

It was proclaimed to the elders and tribal leaders, then to the people, that Aaron had been gathered unto his ancestors, at the age of 123 years - and the Israelites mourned for thirty days.

Joshua still enjoyed the strength of middle age, seeming with endless energy. Chonoch had been killed in battle a decade ago - Binay was now Joshua's second-in-command. As such he had been told by Joshua that Moses would not enter the promised land of milk and honey, but was going to die on a mountain east of the river Jordan; it would be he, Joshua, who would complete Moses' Exodus mission and lead the new generation of Israelites into Canaan. Many battles would be needed to conquer the land - no knowing if Binay would survive. Binay, however, had a soldiers philosophy, and was content to fight to the death for the life he had been given with Lansel, a life of freedom and children, of miracles witnessed, of leaders to be proud of, and of a Lord to be both feared and worshipped.

The Israelites had now reached the land of Moab - there remained only the crossing of the Jordan River to finally enter into the land so long promised. Knowing that Moses would not be permitted to do so, Binay and Joshua watched in abject sadness as Moses slowly climbed Mount Nebo - from which he could see the entire land - to which he had brought the Israelite people - but which he was not permitted to enter.

It was reported to the people that he had led for forty years, that Moses died there in the land of Moab, on Mount Nebo, at the age of 120 years, with no man knowing where he was buried.

Many decades earlier, Binay had made peace with the knowledge that only a few of his generation, possibly not he or Lansel, would see the land promised by Moses' Exodus adventure - because of the scout reports which had fearfully but falsely described the occupants as mighty and undefeatable. Binay and Lansel were both content. They had had good lives - they could recall the frightening times of their early years, when Bnai Israel were slaves in Egypt. Since their togetherness, they had looked upon life as a shared adventure, thus the decades had passed swiftly. Filled with contentment, they still loved each other, and their families, and had enjoyed happiness to the fullest. Together with Chadaric and Rachisa, now gone, they had raised families of four and five respectively, enjoyed the delights of weddings, of births, even of flint-stone circumcisions of their male babies, They had experienced the deep satisfaction in acquiring wisdom from the teachings of Moses as he had laid out the instructions received so long ago on Mount Sinai. They had mourned the passing of their parents, their siblings and friends, all leaving cherished memories. Their lives had been full and good.

Now they clasped hands and smiled at their youngest gurgling grandchild - held firmly on the knees of Binay as the father, a sharp flint-stone in hand, was preparing for the circumcision - the mother, apprehensive, was looking away, Lansel was holding a clean cloth dipped in wine to the baby's lips - drawing its attention from the momentary pain. Then it was over, the baby concentrating on the taste of the wine - everyone happy with relaxed anxiety.

In pure joy, Binay laughed heartily. Looking at his Lansel, his eyes beheld a white-haired old woman, her face wrinkled from too much sun, though still comely. But, in his minds eye, who he saw was the slender, frightened girl of forty years before, at their first embrace - she shivering with apprehension as his arms enclosed and comforted her - as they stood together, with fear and uncertainty - at the threshold of their life's adventure with Moses and the Exodus of their people - freed by miracles from slavery in Egypt - for a better life, a life of freedom, in a land of promise.
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21Oct/120

3 Ways to Find a Marriage Certificate

If you are searching for a marriage certificate, there are some things you need to know.

First, not everyone can get a copy of a marriage certificate. Second, there are several ways to find one. Third, it can be very difficult to track down certificates if you don’t have complete and accurate information.

With that in mind, here are three ways you can track down a marriage certificate, be it your own or someone else’s.

Apply to the State for Your Marriage Certificate

Each state has a database that allows you to request vital records.  The catch is that some states keep marriage licenses and certificates at the state clerk’s office, and others keep them with the county clerk.

In either case, you will need to know the names of the bride and groom, as well as the bride’s maiden name.  You will need to know where the marriage took place and on what date.

If you have that information, you will need to send along a letter explaining your need for the document.  If you are searching for your own certificate or that of a close relative, there is usually no problem in obtaining a copy.  If you are not a close relative though, the decision really falls to the discretion of the clerk replying to your request.  In a genealogical search, there may be more leeway for your request, but no clerk will entertain idle curiosity.

Search through Old Records Yourself

If you know where the marriage took place and are willing to search old records, this may be a good way to dig up old marriage records that are not entered in computer databases.  It can be a real hit or miss proposition to dig up these old records, and sometimes you will do better checking old newspapers for the printing of Banns or public notices of a wedding.

To be effective in this kind of search you must be certain where the marriage took place.  In many small towns around the country, church records and local newspaper notices may be the only way to establish a marriage took place.  Using the information in old family bibles is the best place to start, but expect this kind of search to be time consuming and often unsuccessful.

Use an Online Search Service

If you don’t need to possess a certified copy of a marriage certificate, the best way to verify that a marriage took place is to use an online search service.  These companies have accessed the public databases around the country and compiled the information in one place.

You just need to enter the data you have and let the search engine pull up likely matches.  You won’t need all the data the state wants, which makes it easier, You can do this at any time of the day and night, making it much more convenient.  For speed and efficiency, nothing is as effective as letting a search service find marriage certificate information for you.

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18Oct/120

Joy Can be Found in Every Moment

Many people set aside perhaps at most, several days of the year to celebrate.  Perhaps close family and friend’s birthdays, Christmas or someone’s wedding. It’s such a shame to confine celebration to just a few days a year.

Every day there is reason to celebrate. In every single experience you have, joy can be extracted.  In fact every moment of your living lives you can choose happiness, wonder and joy.

It doesn’t matter what you celebrate – the main point is that you celebrate.  Don’t worry and pay attention to other people’s tragic lives and what they have chosen.

Focus instead on your life and the joyful choices you make every day.  Before you wake up in the morning make it a point to find just one thing to celebrate. Simply being alive and breathing is reason enough to celebrate.

And your celebration doesn’t have to be elaborate or even cost any money.  You could buy yourself a bunch of $5 flowers from the newsagents or you could go and pick some wild daisies from your yard.  

You could go and have a luxurious bubble bath while listening to your favourite music or while reading an engrossing novel.  You could go out for a coffee with your best friend and enjoy a giant piece of cake.

There are so many things to celebrate and so many ways you can celebrate. Be creative.  The more you look for joyous moments the more joy you will experience every day.

And you will find not only one thing to celebrate but hundreds!

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