Looking At Great Gatsby English Literature Essay

Looking At Great Gatsby English Literature Essay In Tom Burnam essay The Eyes of Dr. Eckleburg: A Re-examination The Great Gatsby, he puts forward his interpretation of the text. He believes that though the Great Gatsby was a great work of literature it is a flawed one. As it lacks something, he believes that the author, F. Scott Fitzgerald made the mistake of placing to much of himself, as the author and of his life into the characters. Tom Burnam, in his essay, also put forward a point about the novel being more about carelessness than illusion and integrity. Tom Burnam posits that there is little differentiation between the author and the character as he believes that not even the most skillful novelist could make us, the readers accept Nick Carrarway as fully responsible for composing the wonderful description in chapter iii. In his essay The Eyes of Dr. Eckleburg: A Re-examination The Great Gatsby, he believes that lack lies within stems from Fitzgerald placing himself in the novel, however unwittingly, stating that: The book, great as it is, still falls short of its possibilities because its energies are spent in two directions. If The Great Gatsby revealed to us only its protagonist, it would be incomparable. Revealing, as it does, perhaps a little too much of the person who created it, it becomes somewhat less sharp, less pointed, more diffused in its effect. Tom Burnam stated in his essay that The Great Gatsby was also a commentary on the nature and values, or lack of them, of the reckless ones, the reckless ones being the rich. My own interpretation of the text is in short, a commentary on the generation and society left after the First World War. This interpretation follows from F. Scott Fitzgeralds other novels and short stories as they all follow a similar theme. As I will show, there are multiple interpretations of the book however some are more logical than others. During the First World War thousands of Americans died, despite joining the conflicting April 1917 and this, quite understandably, created disharmony in society and also lead those returning from war to try to come to terms with their experiences. Although Fitzgerald himself never actually went to war he was called up to fight but the war ended before he was called upon to make the trip to Europe. This is in contrast to Gatsby who we are told tried very hard to die durin g the war and for that earned great honors from every Allied governmentà ¢Ã¢â€š ¬Ã‚ ¦- even Montenegro, little Montenegro down on the Adriatic Sea. This romanticized expression of Montenegro is one of the things described as enchanted throughout including Gatsbys life and Daisy. It is here in chapter IV that we get the first impression that Nick does not wholly trust Gatsby and although it doesnt last long, it is evidence enough to suggest that there is something not quite right about Gatsby and the way in which Nick reveres him. Fitzgerald intentionally threads doubt into every account of Gatsbys past and Nick begins to wonder if there wasnt something a little sinister about him, after all. This lack of integrity is a running theme of the novel and although care is given as the reason for Jordan liking Nick earlier in the chapter she is described by Nick as incurably dishonest and although this is written in hindsight we, as readers, cant help but question everything she has said up to this point, until Fitzgerald reassures us by telling us [Nick is] one of the few honest people [he] has ever known. This self-justification that the reader is not entirely sure of is similar to that of Stevens in remains of the Day, when we suspect him of eavesdropping; he attempts to reassure us by saying I could not help but get the gist of what was being said. As we can see, there is a distinct difference between the authors voice and intentions and the narrators voice. Undoubtedly Fitzgerald intended us to be suspicious of Gatsby throughout the novel until we begin to feel genuinely sorry for him. After the atrocities that happened during the war it is easy to sympathize with those who lost their faith. It has been suggested the eye of Dr T.J Eckleburg were put in after the cover illustration had been finished and Fitzgerald added them in homage to it, however I feel that the symbolism is far too poignant for this to have been a mere after-thought. For me, these eyes are directly representing the eyes of God, a God that has been abandoned and left to decay such as his eyes, dimmed a little by many painless days, under sun and rain,[brooded] on over the solemn dumping ground. Burnam uses the examples of careless driving in support for his claim to the central theme of the text being the tragedy that this has brought to all affected by it and only[Gatsby] and he alone, barring Caraway survives sound and whole in character. I cannot accept that Fitzgerald wrote Gatsby in the sole purpose to put across the hazards of bad driving; I can, therefore, only speculate that this is a smaller issue than Burnam makes it out to be and instead would suggest that the references to driving are there simply as pointers or symbols of foreshadowing the accidents that occur later in the novel. The passage with the amputated wheel gives those who return to the book a pointer as to the ending, with the line: You dont understandà ¢Ã¢â€š ¬Ã‚ ¦I wasnt driving. Afterwards, as a solution to the problem, the criminal suggests [putting] her in reverse to which the response is but the wheels off In a very abstract way this episode is a taste of things to come as Gatsby tries to beat onà ¢Ã¢â€š ¬Ã‚ ¦against the current and reclaim the past which poverty and war robbed him of. While Burnams essay simply puts forward his alternative view of The Great Gatsby I cant help but feel he has taken the symbols at too deep-a-level. Burnam says the reason he does this is due to the confusion of themes and duality of the symbol-structure, of which Fitzgerald seems to have been unaware. The bookà ¢Ã¢â€š ¬Ã‚ ¦falls short of its possibilities because its energies are spent in two directions revealing both the protagonist and author in great detail making it somewhat less sharp, less pointed, more diffused in its effect. By this, Burnam is simply saying he thinks Fitzgerald should have been more careful in allowing himself to come through in his work and stuck to telling the story of Jay Gatsby. Sometimes we must take a text at face value and not look too deep as not all novels have such unfathomable depths

Family Guy vs the Simpsons

Khadijah Smith Enc 1101 Dr. Ford Family Guy VS. The Simpsons In comparison, both shows are great. Both shows have a dad that most of the time doesn’t have a clue and wives that make excuses for their behaviors but still love them more than anything. Both shows also have 3 children involved and a pet. They both seem to be either middle or lower middle class families. The contrast for the two shows would definitely have to be the type of humor used on the shows. The Simpsons has more a an entire family appeal to it while Family Guy has a lot more adult humor that parents today don't want their kids to watch or be subjected to.I personally would not care if my kids were to watch either one of the shows because they would know that they are just TV shows and that behavior on TV is not to be repeated in real life. Meaning, I would teach my kids what’s acceptable for them to do and say and what's not. If I had to choose which show is funnier, I'd have to say Family Guy, but t hat is just my opinion. I just haven't seen The Simpsons in a while and Family Guy makes me laugh no matter how many times I watch each episode. The Simpsons is the archetype for cartoon serial satire. It started it all.Which is evident in the Southpark episode the ‘Simpsons did it' Plus Simpsons just had its 20th season which is nuts. I find lately the Simpsons has transitioned more towards a Family Guy model, having more random pop ins then full on episodes like their earlier seasons. ( Alec Niolan, Little Known Facts About â€Å"the Simpsons†) With 20 years of material they have covered almost everything already so staying fresh is hard. Family Guy has a liberal/progressive agenda and the creator can't keep his work separate from his politics. Family Guy is much more random, and hits a lot more obscure references to pop culture.The humor is more adult in Family Guy as well. The Simpson's daughter is intelligent, witty and misunderstood for her so-called liberal views , in my opinion. While Meg from family guy is awkward, unappreciated and abused. Bart and Chris are very similar, while Bart has more intelligence he just prefers antics. Chris is blessed with a much slower mind set. While the wives both nag, Lois is the more active while Marge is usually more passive. Whichever you prefer these two TV watching, middle class, beer drinking, couple canoodling; antic driven cartoon families will be on for many more years to come.The Simpsons is happy to take on all political persuasions. Although both shows are equally entertaining, the Simpsons have clear life lessons that are clearly portrayed. Such as, â€Å"I'll keep it short and sweet. Family. Religion. Friendship. These are the three demons you must slay if you wish to succeed in business. † The business world is becoming increasingly more cutthroat. In order to succeed, you have to be willing to give things up. Family only gives you more obligations. Religion makes you feel bad about you r difficult business decisions. And friends, well, in business there are no friends. Facts are meaningless. â€Å"I hope this has taught you kids a lesson: kids never learn. † While we want to believe that our children are smarter than the average nose picker, they all still make the same mistakes. At some point, even though it didn't work out so well for their friends, kids will ride their bike down the stairs, lick the frozen flagpole, and put their hand on the hot burner. Over and over again. †You don't like your job, you don't strike. You go in every day and do it really half-assed. That's the American way. † Company loyalty and job satisfaction are down.Yet everyone thinks they need the bigger house, the newer car, that fancy new toy. Rather than finding a job they really enjoy, they go to work miserable every day, put in the minimal effort, then go home to lounge in front of their big screen TV and complain because they don't have a bigger one. â€Å"What a day, eh, Millhouse? The sun is out, birds are singing, bees are trying to have sex with them, as is my understanding â€Å". American culture tries to protect our children from all things sexual. Racy television shows are put on late night when children are supposed to be asleep.Magazines are put on the top shelf where children can't reach them. While the intention is good, we are deliberately ignoring the fact that our children know all about sex, long before we give them â€Å"The Talk. † However, because we are not giving them good, accurate information at the appropriate age, they are becoming more and more confused, which is leading to an increase in STDs and teen pregnancy. Perhaps it’s time to reevaluate how parents approach the subject of sex. â€Å"I feel that if a gun is good enough to protect something as important as a bar, then it’s good enough to protect my family†.Gun control is a hot topic brought up at every election. Should we limit ac cess to them so the bad guys can't get one? Should we expand access to them so that the innocent people can protect themselves? Either way someone is bound to get hurt. We can only hope that it's the bad guys. The Simpsons are more original and portray clearer plots, as well as it is more clean when it comes to verbal usage and here are numerous amounts of lesson that are easily comprehended, even if it can be a bit sarcastic. In addition, therefore if there was a decision to be made between these two animated TV shows, the Simpsons would be a better choice.

Stefan’s Diaries: Bloodlust Chapter 14-15

Chapter 14 My hands still in the air, I pressed my lips together. Id already learned that any sign of stress caused my fangs to bulge and my pupils to grow larger; I didnt want to prepare to attack until I knew what I was dealing with. â€Å"Jake? Charley?† a female voice called as two burly men ran toward me from the main house. Although twice my bulk, they were definitely human. Each man grabbed one of my arms, though I noted with cold calculation that it would take only one quick twist to shake both off before I lunged for my attack. But I fought with every core of my being to stay still, my hands high in the air, hoping Id just look like a common vagrant. There was no guarantee that a fight would lead to Damons rescue. A girl walked toward me from the porch and stopped a foot away. â€Å"I apologize,† I said to her. I tried to make my voice sound like I was nervously gasping for breath. â€Å"I didnt realize this was private property. Im new to town, and I was in the tavern, and, well † I trailed off, unsure of whether my lies would get me into even deeper trouble. â€Å"You thought youd steal from me?† The girl stepped forward. Her hair tumbled in flaming curls down her back, and she wore what looked suspiciously like a vervain wreath on her head. She had on a white nightdress, but she was wearing mens boots, and I could see calluses on her hands. Though she was clearly from a wealthy family, this was no coddled city girl. â€Å"No. No! I wasnt stealing, I was just looking for the vampire,† I said. She knit her eyebrows together. â€Å"To steal him ?† she asked leadingly, hands on her hips. â€Å"No!† I said again, my arm jerking involuntarily. One of the men holding me dropped my arm in surprise. â€Å"No,† I said again, forcing myself to remain still. â€Å"I saw the poster for the show down by the lake, and, well, I guess my curiosity got the best of me.† I shrugged. A rooster crowed. Sunlight slowly spilled over the backyard. I glanced down at my gleaming ring, thankful that Lexi had left. â€Å"Okay, then,† the girl said. She snapped her fingers, and the two large men dropped my arms. â€Å"If you are new to town, then where do you come from?† â€Å"Mys Mississippi,† I fibbed. â€Å"Right across the river.† She opened her mouth as if to say something, then closed it. â€Å"Well, welcome to New Orleans,† she said. â€Å"I dont know what things are like back in Mississippi, but you cant go sneaking into peoples backyards looking at their livestock. And the next time you may not meet someone as friendly as me.† I fought my urge to snort at her idea of friendliness, given my brothers wretched state. â€Å"So, whats your name, stranger?† â€Å"Stefan,† I said. â€Å"Are you Miss Gallagher?† â€Å"Smart,† she observed sarcastically. â€Å"That I am. Callie Gallagher.† One of the large men stepped toward her protectively. â€Å"Leave us,† she commanded. â€Å"Ill escort Mr. Stefan out.† â€Å"Thank you,† I said contritely as I followed her around the long gravel path, past the sun-room of the house, and toward the gate. â€Å"Thanks for trusting me,† I said. â€Å"Who says I trust you?† she asked sharply, but an amused smile flitted across her lips. â€Å"Well, then, perhaps I should thank you for not letting your brutes kill me.† She smiled again, wider this time. Her teeth were pearly white, and one of her front teeth was slightly crooked. Freckles dusted her upturned nose. She smelled sweet, like oranges. I realized it had been a long time since I had found a woman beautiful for more than the sweet smell of her blood. But cruelty lay behind her beauty, because this woman was responsible for my brothers imprisonment. â€Å"Maybe youre too handsome to be killed. And everyone deserves a little kindness, dont you think?† I gazed at her callused hands, a thought entering my mind. â€Å"Would it be too forward of me to ask for more of your kindness?† Callie narrowed her eyes. â€Å"Depends on what you ask for.† â€Å"A job,† I said, straightening my shoulders. The girl shook her head incredulously. â€Å"You want me to hire you? After you trespassed on my property?† â€Å"Think of it as an expression of my drive and my enthusiasm for freaks,† I said, the lies now floating easily from my tongue. â€Å"Being new, Ive had trouble finding work, and to be honest, Ive always wanted to be part of a circus.† She set her jaw, and I was worried shed suddenly call her henchmen on me. But then she looked up and down at my faded trousers and sighed. â€Å"I have a feeling Ill regret this, but come down to Lake Road tomorrow night. We do need a new ticket taker–our last one ran off with one of the fat ladies. Youll need to arrive early–and stay late. Its going to be busy tomorrow night because of the fight.† â€Å"Right. The fight,† I said, once again clenching my fists and biting back words of anger. â€Å"Yes.† She smiled somewhat ruefully. â€Å"Then youll have the chance to see your vampire in action.† â€Å"I suppose I will,† I said, turning on my heel and exiting the wrought-iron gate. But if I had my way, no one would see the â€Å"vampire in action† because Damon and I would be long gone before the fight ever commenced. Chapter 15 October 7, 1864 Something has changed. Maybe it is merely age, a sort of hyper-maturation into the role of an adult vampire. Maybe it is Lexi's tutelage. Or the fact that I am faced with an actual challenge, a death-defying challenge, and I simply know I can't expend my energy killing for sport. Whatever the cause, the result is the same. Though the scent of blood is still everywhere, I no longer feel compelled to hunt for sport. Hunting is distracting. My hunger is something to be sated quickly rather than enjoyably. Of course, the question is, how will I free Damon? Attack everyone in sight, creating a melee of destruction? Convince Callie to shed her vervain wreath so I can compel her to do my bidding? But Callie seems to have a power all her own. That much is clear to her henchmen, and to me. Of course, my Power is stronger. I have no doubt that I'll persevere. I'll save Damon, and then I'll reward myself with a drink from Callie's neck. I spent the entire day pacing my room, cutting a path through the dust that lined the wooden floor. Plans to free Damon flitted through my head one by one, but just as quickly as they came, I shot them down for being too daring, too risky, too destructive. Id already learned from the siege on the vampires in Mystic Falls that one false move can cause a domino effect of violence and despair. â€Å"You look like a caged animal,† Lexi said, appearing at my doorway. Her voice was light, but worry lines creased her forehead. I let out a low growl and raked my hands through my hair. â€Å"Ifeellike a caged animal.† â€Å"Have you thought of a plan yet?† â€Å"No!† I exhaled loudly. â€Å"And I dont even know why Im trying. He hates me.† I looked down, suddenly ashamed. â€Å"He blames me for turning him into what we are now.† Lexi sighed and closed the distance between us. She took my hand. â€Å"Follow me.† She led me out of the room and walked slowly down the stairs, running her pale fingers along the portraits that lined the walls. All the paintings were covered with a layer of grime. I wondered how long theyd been hanging on the walls, and whether any of the subjects still roamed the Earth–alive or undead. At the very bottom stair, Lexi stopped and pulled a portrait off the wall. It was newer than the others, with a gold frame and the glass polished to a gleam. A young, serious-looking blond boy stared out at me. His blue eyes contained a hint of sadness, and his cleft chin jutted in defiance. He looked incredibly familiar. My eyes widened. â€Å"Is that your–â€Å" â€Å"–brother,† Lexi said. â€Å"Yes.† â€Å"Is he † I trailed off, not wanting to finish the sentence. â€Å"No, hes not with us anymore,† she said, tracing the cleft of the boys chin with her index finger. â€Å"How did he die?† I asked. â€Å"Does it matter?† she said, her voice sharp. â€Å"No, I suppose it doesnt.† I touched the edge of the photo. â€Å"Why do you keep it?† She sighed. â€Å"Its a connection to the past–to who I used to be before I was†Ã¢â‚¬â€œshe gestured down the length of her body–â€Å"before I becamethis. Its important not to lose that final thread of attachment to humanity.† Her gaze grew serious. I knew what she meant: Remaining connected to her humanity was how she maintained control and why she made the choice to feed only from animals. â€Å"So, are you ready to save him?† As usual, Lexi didnt wait for an answer, and I had to hustle out the door behind her. Together, we walked in silence toward Gallaghers place under the cover of the inky night. Fifteen minutes later we turned the corner onto Laurel Street and the house came into view. A tall man with salt-and-pepper hair was climbing the stairs of the white structure, tapping each step with a gold-tipped cane. Behind him were two black-suited men. The three were engaged in intense conversation. Lexi put her hand on mine. â€Å"Gallagher.† The men paused on the porch. â€Å"Im telling you, the vampire I have is the real thing. I could have him killed and sell you his blood. Youd make a fortune marketing it as the fountain of youth or an elixir of life,† Gallagher said roughly. My stomach plummeted. Damons body was being divided before he was even dead. â€Å"Blood,† a stocky man mused, rubbing his bald head as if it were a crystal ball. â€Å"Im just not sure people would try that. But how much would you sell the fangs for?† The men entered the home, shutting the wooden door with a definitive thud. I sniffed the air. The cloying scent of vervain burned my nose, but I didnt sense Damon anywhere. Lexi pushed the gates open and stepped onto the lawn. â€Å"What are you doing?† I hissed. â€Å"I dont think Damons here anymore.† â€Å"Yes, but you need to know exactly who and what youre up against. The more you know, the better you can gauge what the best course of action will be,† she said. I nodded, and together we stole in the shadows toward the main house. We ducked under a window ledge and knelt in order to escape notice; we could just make out the scene unfolding in the parlor at the back of the house. Gallaghers voice drifted through the open window as he took a seat in a maroon leather club chair, his feet up and a glass of port already in his hands. He wore a large gold ring on his finger. In the far corner, Callie Gallagher sat in a pair of weathered overalls and a white linen shirt. Her red hair fell down her back in a vervain-laced braid, and her head was bent as she pored over a ledger book. A garland of vervain was strung along the marble mantle, and I noticed a few vampire muzzles–the same sort that my father had used to subdue Katherine–tossed carelessly on an end table. â€Å"I have something else that might interest you,† Gallagher said, locking eyes with the elderly man while the other sat, silently. â€Å"I didnt want to bring it up out on the street.† â€Å"Yes?† The man leaned forward. His voice sounded disinterested, but he rubbed his stubby fingers together eagerly. â€Å"The monster wears a ring. Its an unusual one. Silver with a blue stone, but it seems to give him additional power. None of my men have been able to get it off his finger, but when hes dead â€Å" â€Å"Father!† Callie interjected. The two men stared at her. â€Å"Yes, girl?† Gallagher asked, his voice dangerously low. â€Å"Ive been looking over the books, and well make a fortune if hes kept alive. Its the best for the show.† Though her expression was all business, her tone didnt actually sound mercenary. â€Å"My boss.† Gallagher laughed ruefully, but from the way the vein in his temple throbbed, I could tell he didnt appreciate Callies interjection. â€Å"Girl, can you get us some brandy?† Callie stood up and stalked out of the room. I was surprised to feel a sliver of sympathy–and kinship–with her. I knew what it was like to have a headstrong father. Id wanted nothing more than to please him, but Giuseppe Salvatore always thought he knew best. I dared to disagree only once, and he killed me for it. â€Å"As I was saying, the ring † Gallagher said. I snapped back to attention. â€Å"You kill that monster and Ill buy it all. The fangs, the blood, the ring. Everything. And Ill give you a very good price,† the elderly man said in a trembling voice, barely concealing his excitement. Before I could pounce, shattering the glass that separated me from the man who was trying to sell my brother in bits and pieces, an iron-firm grip clasped my arms behind me and dragged me back out to the street. â€Å"Get a hold of yourself, Stefan!† Lexi hissed as she pulled me along the sidewalk. When she reached the corner of Laurel Street, she let me go. â€Å"That man is a sadist!† I fumed. â€Å"Hes a businessman. He wants to kill your brother, and if they find out about you, theyll certainly want to kill you too,† Lexi said, pushing her blond braid over her shoulder. My mind spun. â€Å"What about the girl?† I asked. Lexi snorted derisively. â€Å"What about her?† â€Å"She thinks Damon should be kept alive. Maybe she can convince her father of that,† I said desperately. â€Å"Dont even think about it. Shes a human, and she will follow her fathers orders until the end of her days,† Lexi said, dropping her voice to lower than a whisper as another couple walked toward us. As they passed, the man tipped his top hat, and Lexi curtseyed back. To anyone else, we were a young couple, out to romance each other in the moonlight. â€Å"Damons life is at stake,† I said in frustration. Lexi had offered to help, but everything shed done so far had seemed designed only to dissuade me. â€Å"We have to do something!† â€Å"I know you will find a way to save him,† she said firmly. We turned another corner and the spire of the church across from Lexis house came into view. â€Å"But Stefan, you must remember that controlling yourself around humans is much more than simply not attacking them.† When we reached the back porch, she stopped and put her hands on my shoulders, forcing me to look into her clear amber eyes. â€Å"Do you know the real reason why we dont drink human blood?† â€Å"Why?† I asked. â€Å"Because if we dont drink human blood, we dont need humans,† she said in a tight voice. She pushed open the door. Buxton, Hugo, and Percy were sitting around the coffee table, playing poker. They looked up when we entered, and Buxton narrowed his eyes at me. â€Å"Boys, were going dancing tonight. We need some lightness,† Lexi announced, pouring herself a glass of blood from the decanter on the side table. She glanced around the room. The three nodded. â€Å"Will you come, Stefan?† I shook my head. I was not in the mood for lightness. â€Å"No,† I said, then headed upstairs to plan Damons rescue alone.

Letter of Advice - Free Essay Example

Sample details Pages: 8 Words: 2306 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Advice Essay Did you like this example? Dear Sir, RE: ADVICE ON ALLEGATIONS MADE AGAINST YOU. We have received your email on17th December 2014 and are now pleased to advise you on the matter. 2.0MATERIAL FACTS 2.1That you had received a document from a man in uniform due to the complaint made against you by the public for causing a nuisance while you are busking at Central Market. 2.2You were instructed to leave KL Sentral by another man in uniform as you were alleged to violate the Legislation of the Railways. 2.3You have made known to us that you received a letter by a group of purity appraising that your music diluting the cultural norms of Malaysia as jazz was American in origin and it assassinating the minds of Malaysian classical music. 2.4You had recorded some of performance in KL Sentral digitally and your recording company had made an arrangement for that music to be released in EP format via iTunes. Subsequently, two musicians claimed that you stole their music as you had plagiarized their tunes for the EP and they are now wanting a share of the profits. 2.5You had received a complaint letter that some viewers of your live performance video in KL Sentral on YouTube had sustained serious personal injury, i.e sprained ankles, bruising and small cuts due to your failure to put the disclaimer not to try the dance at home or in confined space without proper equipment. 2.6That AMRSVT is claiming for loss of profit as they claimed that your performance had attracted the crowd, which made it difficult for other passengers to move around and visit their stalls and shops. 3.0LEGAL ISSUES 3.1Whether there is any permit required to busk? 3.1.1You have mentioned that you had not obtained any permit to perform in Central Market and KL Sentral. In our opinion, a permit is essential to be obtained from the municipal council. In this case, since you perform in the district of Kuala Lumpur, a permit should be obtained from the DBKL. The Early in the ye ar 2013, DBKL has implemented that all street entertainers are required to apply for a permit in order to perform in public. The aim of the permit is to be obtained to regulate the street buskers. Hence, a permit from DBKL is required. 3.1.2Since you had not obtained any permit, no issue on remedy available to you under this issue. 3.2Whether you can be liable for nuisance? 3.2.1You have mentioned that that certain member of the public made a complaint against you for public nuisance. 3.2.2Public nuisance arises when an act materially affects the reasonable comfort and convenience the life of a class of the society. In the case of Majlis Perbandaran Pulau Pinang v Boey Siew Than Ors [1979] 2 MLJ 127, only a person who has suffered special damage can claim for damages for public nuisance. The Plaintiff has to prove that he has suffered damages or injury over and above the ordinary convenience suffered by the public at large. 3.2.3The followings are to determine the ex istence of special particular damage: (i) the type or extent of damage is more serious, The Plaintiff must suffer more than what is suffered by other persons who are exposed to the same interference. (ii) The damage must be a direct consequence and is substantial. In the case of Pacific Engineering v Haji Ahmad Rice Mill Ltd [1966] 1 LNS 128, the Plaintiff had proved that they suffered personal discomfort and injury to property thereby satisfying the requirement special damage. An injunction preventing the Defendant from burning rice husks in the compound of their premises was granted. The court held that in action for public nuisance, a Plaintiff may institute proceeding without obtaining prior consent from the Attorney General (AG) if he suffered special damage. 3.2.4If no special damage suffered by any particular individuals, section 8(1) of the Government Proceeding Act 1956 provides that the AG, or two or more persons who have obtained written permission from the AG, may ins titute a suit in public nuisance for a declaration a injunction or for such other relief as may be appropriate to the circumstances of the case. In Koperasi Pasaraya Malaysia Bd v Uda Holdings Sdn Bhd [2002] MLJU 521, it was held that in action for public nuisance, consent must be first obtained from the AG. 3.2.5 By applying the law to your situation, you have mentioned that the certain member of the public was the AMRSVT who lodged a report against you.They claimed that they suffered loss of profit as your busking had attracted the crowd which made it difficult for other passengers and passerby to move around and visit their stalls and shops. You also mentioned that you managed to get the people to dance for your live performance at KL Sentral. Hence, the allegation of the AMRSVT is in line since your performance fascinated the crowd which caused them to suffer a direct consequence and a substantial damage. Hence, we are of opinion that they might be successful in their action against you. 3.3Whether you can be liable for a violation of railways legislation? 3.3.1According to section 59 (a) of the Railways Act 1991 (RWA), any person who behaves in a disorderly or offensive manner or commits any nuisance on a railway coach or upon any railway premises; or assaults, hinders or obstructs a railway officer in the execution of his duties, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both. 3.3.2You had mentioned to us that you have managed to attract the crowd and not only that, the crowd even dance when they watched your performance at KL Sentral. As discussed above, your acts may constitute a nuisance to the public. You mentioned that you had refused to leave the place when you were told to by the officer of the KTMB. Hence, we are afraid that you have violated the regulation of the RWA when you committed the act of nuisance and impeded the instruction of the officer to leave the place when he was in the execution of his duties as a railways officer. Hence, you may be exposed to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both. 3.4Whether the group of that person has right to stop you from playing your music in public as they alleged your music diluting the cultural norms of Malaysia? 3.4.1You have mentioned that you had received a letter from Purity to stop you from playing in public. They alleged your playing diluting the cultural norms of Malaysia because the jazz was American in origin. They also alleged that you are poisoning the minds of the youths by playing unstructured music which is contrary to the rigid structure and discipline of Malaysian classical music. 3.4.2We are advising that until to date, there is no provision under the law or legislative body authorized by the government of Malaysia declaring the technical natured to cultural norms for Malaysia. As far as we concerned, your performance was simply to reach the public with the nature of the music. It may depend on the content of the lyrics. The accusation on influencing the minds and cultural norms of Malaysia and Malaysia classical music cannot stand on its own since jazz music has been accepted in Malaysia without restriction. Hence, we are of view that the Purity has no cause of action against you. 3.5Whether you can be liable for plagiarism as alleged by Mdm Anna Leese Laniza Achmed? 3.5.1 By virtue of section 13 of the Copyright Act 1987 (CA), in order to establish a claim of copyright infringement the plaintiff need to prove: (1) that the Plaintiff own the copyright in his work; (2) that the Plaintiff work is original; (3) that the defendant copied the work; (4) that there is substantial similarity between the Plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s work and the defendants work; and (5) that the part copied by the defendant was a substantial part of the Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s work. 3.5.2 Section 26A of the CA provides once notification of copyright has been recorded in the Register, the onus of disproving that copyright subsists in the work shifts to the alleged infringer. 3.5.3As to requirement (1), Mdm Anna Leese and Laniza Achmed basically acquire the copyright in the song if they have put it into a fixed form, e.g. In writing or in a recording. Registration and other formalities are generally not necessary to acquire the copyright. However, registration of the copyright will come in useful as evidence to show the ownership of the copyright. Hence, if there is notification of copyright has been recorded by them, the onus of disproving that copyright subsists in the work will shift to you. As to the requirement (2), originality simply means that the song must have come from them and that they must have put some effort into it. On to requirement (3) they need to prove to the court that you have access to t he music. Substantial similarity in requirement (4) means that there should be a high degree of similarity between the two songs which is more likely to be the result of copying rather than mere coincidence. In considering whether there is substantial similarity, features that are commonplace, and unoriginal are usually disregarded. In Requirement (5) as long as the part the music is distinctive enough that it is recognizable as their song, therefore, that amounts to a substantial part the length does not matter as long it is sufficiently similar and the reasonable people would notice the similarities between the music. We are of opinion that if they are claiming that you had stolen their music is difficult to be proved unless they can prove that they are protected under the law of intellectual property. 3.6Whether you can be liable for the injuries of the YouTube viewers? 3.6.1 You have mentioned that a class action lawsuit filed against you by YouTube viewers from New York w ho watched the video of your live performance on YouTube and followed suit by dancing in their room sustained serious personal injuries. They claimed that you should put a disclaimer of à ¢Ã¢â€š ¬Ã…“Do not try this at home or in a confined space without proper equipmentà ¢Ã¢â€š ¬Ã‚ . 3.6.2 In the case of Palmco Holding Bhd v Sakapp Commodities (M) Sdn Bhd Ors [1988] 2 MLJ 624, in order to succeed in a representative action, the plaintiff must satisfy three requirements. They are: (1) the plaintiff and those represented by it are members of a class and that these members have a common interest; (2) the plaintiff and those it represents have a common grievance; (3) the relief sought is in its nature beneficial to them all. 3.6.3In the present case, the plaintiffs and those represented by it have satisfied all three requirements hence the representative action of the Plaintiff might be successful. However, the viewer may not have privileges to take action against you becaus e the terms and conditions only apply between you and YouTube. YouTube makes no warranties or representations about the accuracy or completeness of this sites content or the content of any sites linked to this site and assumes no liability or responsibility for any personal injury or conduct of any third party. Therefore, we are in view you will not liable for not inserting the disclaimer in the video. 3.7Whether you are liable for the loss of profit suffered by AMRSVT? 3.7.1 Based on your letter, we have understood that AMRSVT are claiming for loss of profit as they claim that Miloà ¢Ã¢â€š ¬Ã¢â€ž ¢s busking had attracted them crowd, which made it difficult for other passengers and passerby to move around and visit their stalls and shops in Central Market and KL Sentral. We have understood that AMRSVT is claiming liability from you for loss of profit. Generally, pure economic loss is recoverable under the law. However, the extent of the negligent act should be assessed with c aution to determine the liability of the defendant. This means that the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim would depend on (1) whether there is sufficient proximity between the Plaintiff and the Defendant and (2) whether the pure economic loss was reasonably foreseeable as mentioned in the case of Steven Phoa Cheng Loon V Highland Properties Sdn Bhd [2003] 1 MLJ 567. 3.7.2We are of the view that for AMRSVT claims to be successful, the burden of proving such allegations lies on him. Therefore, he must first satisfy the court that there is an appropriate proximity between you and him. An appropriate proximity is determined to see whether it was indeed the act of the defendant that had caused the pure economic loss. As discussed above, you might be liable for nuisance for attracting the crowd to watch your performance. Should AMRSVT prove that there is a negligent act done by you which had caused the pure economic loss to the them. However, if they can prove there is negligence on you r part, his claim for damages as a result of his loss of business being affected by your act attracting the crowd however it is too remote and is not foreseeable. It is not foreseeable that such act would have caused loss to their business as the crowd logically would have been their prospect. Thus, this claim may be deemed as too remote. Therefore, it can be said that the claim by AMRSVT might not be successful in his claim unless they can prove otherwise. 4.0CONCLUSION 4.1We shall be pleased to represent you in any legal action filed by the above parties and also to file a defence on your behalf if you wish to take the matters to the court. We hope that our advices are sufficient for your present needs. If you have any further inquiries, please do not hesitate to contact us. Yours sincerely, à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦. (NABILA BINTI MOHD NOORDIN) For and on behalf of Tetuan Haziq Hafidz Rakan-Rakan. Don’t waste time! Our writers will create an original "Letter of Advice" essay for you Create order