The Harmful Myth Of Asian Superiority - 983 Words

All Asian Americans are good at math, or at least that’s what I heard. They are also good at anything involving technology, science, and medicine. They study all the time, work really hard and live a version of the American dream I never thought to dream of. Afterall they’re Asian, their parents wouldn’t allow for anything less. In his article â€Å"The Harmful Myth of Asian Superiority† the ethnic studies expert Ronald Takaki writes about the idea that Asian Americans are more successful than other American minority groups. Takaki refutes this idea using reason and statistics to show that Asian Americans still face some of the same hardships and barriers as every other racially defined group in America. Takaki’s word choice allows him manipulate statistics for his purpose of disproving the myth of model minority. The words Takaki choses to use in his article both strengthen his ethos as an educated Japanese American writer and weaken his argument against the model minority in terms of both logos and pathos. The cunning use of words in paragraph ten allows Takaki to raise his reader’s concern for the well-being of Asian refugees while remaining rather vague about whether or not the financial state of said refugees and their families is actually an issue. This paragraph is composed of only two sentences. In the first sentence Takaki writes that â€Å"Hmong and Mien refugees from Laos have unemployment rates that reach as high as 80 percent†. Reading Takaki’s article as someone whoShow MoreRelatedThe Harmful Myth Of Asian Superiority1468 Words   |  6 Pages Ronald Takaki point out how there is a big misconception with Asian Americans in today’s soc iety in his article â€Å"The Harmful Myth of Asian Superiority.† Stating, â€Å"Asian Americans have increasingly come to be viewed as a ‘model minority.’†(Takaki, 117) Although that is not the case at all, most Asian Americans have to work hard to get to where they are. Moving up is not easy and not something they do to be looked at as role models or as pricks that take everyone’s jobs. They work hard and get moreRead MoreThe Harmful Myths Of Asian Superiority, By Ronald Takaki944 Words   |  4 PagesAsian Superiority The stereotype addressing the topic of Asians being smarter than other races has been around since the 1950’s. This stereotype started as a result of immigrants assimilating into the US. During this time Asians had a considerable higher success rate in school compared to Hispanics and Blacks. This is not the case because in places such as Chinatown where poverty runs rampant Asian immigrants have a difficult time staying above the poverty line. In the essay, â€Å"The Harmful MythsRead MoreThe Literary Theory Known as Post-Colonialism1061 Words   |  4 Pagesstates in the 1800s, or the mid-1900s fall of the British and French empires (1)? What is agreed upon is that the focus is on writing about the effects or culture in post-colonial societies or examining colonial literature with an eye for the moral superiority, racial discrimination, or Eurocentric viewpoint. Writers such as Rushdie, Said, and Achebe all belong to this movement with their discussions of the life and culture of the Indian Subcontinent, Eastern culture, and Nigeria respectively. Said, oneRead MoreWho Is The Real Bully?1712 Words   |  7 Pagesin the United States and an enormous 5 million students in grades 1- 9 are bully-victims† (Dan Olweus). Based on an estimate from other sources that is also about 15%. As many people know, bullying occurs when the other party feels dominance or superiority over the other party. This directly correlates with personality, strength, ideals, and insecurity. After studies being taken place it is found that â€Å"the 15% that was bullied in the grades of 1 – 9 tend to be more depressed and have a lo wer self-esteemRead MoreThe Last Samurai: Hollywood and Orientalism2947 Words   |  12 Pagesnotions that place the west in a position of dominance. In addition, romanticized idealism and myths of exotic difference based on race, sex, and fantasy that clouds East-West relationship. (Prasso, XV) However in an ever-globalizing world that has experienced conflict and tragedy brought on by cross-cultural misconceptions and racism one would think that we can see through and moved passed and harmful cultural stereotypes and Eurocentric dogma. Unfortunately, even in the â€Å"enlightened† 21st centuryRead MoreThe Power Of A Myth Essay1763 Words   |  8 PagesThe Power of a Myth A couple of months ago, during a seminar in my philosophy class, my teacher asked the class if we believed race was biological. Prior to this encounter, I never truly pondered the validity of considering race as something based off distinct genetic differentiations. Some students tried to make an argument that race was biological based off the presence of certain traits that are seemingly specific to different races such as skin color, hair type, and the prevalence of certainRead MoreThe Origin Of The Dragon2970 Words   |  12 Pagesdegree of sense however, the bones would only give some idea of body structure and the physical characteristics would remain up the constructor (Kaplan). This explanation is improbable according to Kaplan because he points to the fact that dragon myths were alive in the ancient Mediterranean, despite the fact that the region is entirely â€Å"bereft† of dinosaur fossils (Kaplan). Isaacs adds to the discussion by claiming that although dragons se em to mimic dinosaurs according to evolutionary based assumptionsRead MoreGender and Power Relations2406 Words   |  10 Pagesviewed as an attack on the biblical model of the family that provides clear distinctions between man, woman and child. Accepting all tenants of one’s unquestionable faith is considered a person of faith (Sharmon, 2011). Societies in the Middle East, Asian and African countries are considered more inclined toward patriarchy and are usually lacking in substantial women’s rights. In these countries there are two related gender issues; one is attitudinal and based on beliefs and values and the other issueRead MoreEducation and Income as Primary Factors of Disparitites Essay2823 Words   |  12 Pagesmade of various races and ethnicities along with the minorities of this country. White, African-American, Asian, Native American and Hispanic, are the main racial ethnicities within the United States. Generally, there have always been conflicts between ethnic groups throughout history, but believe it or not most ethnic groups along within one another. The white race has always claimed superiority in the United States. It is so sad that decades after the Civil Rights Movement, racial disparities andRead MoreRenato Constantino - the Miseducation of the Filipino8179 Words   |  33 Pagesgeographical l ocation and by the innate potentiality of our people. We were one with our fellow Asians in believing that we were not cut out for an industrialized economy. That is why before the war, we looked down upon goods made in Japan despite the fact that Japan was already producing commodities at par with the West. We could never believe Japan, an Asian country, could attain the same superiority as America, Germany or Michael Charleston B. Chua, Greatworks readings, DLSU-Manila 7 England

Analysis Of The Poem The Raven - 918 Words

Edgar Allen Poe’s â€Å"The Raven† has been hailed by critics to be a defining work in the history of poetry. â€Å"Mariana†, a poem by Lord Alfred Tennyson draws from similar feelings and themes. As a result, the two poems are intertwined, similar to a startling degree. However, they set themselves apart from the other in several distinct ways. Even though both main characters long for a lost loved one, their psychological responses and states of mind differ. Additionally, the themes of the poems themselves diverge from their similar starting point. â€Å"Mariana† and â€Å"The Raven† are similar, but only on the surface. â€Å"The Raven† centers on the narrator’s thoughts as he hears a knocking at his door. T is some visitor entreating entrance at my chamber door. // Some late visitor entreating entrance at my chamber door:† (16-17) One of the most prominent of these thoughts, mentioned several times during the poem, is the idea of â€Å"Lenore†. â€Å"Respite—respite and nepenthe from thy memories of Lenore!† (82) We never find out who â€Å"Lenore† was in relation to the narrator or any of her background. Rather we are merely told that she is important to the narrator. Her character is not elaborated on nor is it given any background. She is merely an â€Å"idea†, not a person. This is in stark contrast to â€Å"Mariana† where the narrator is clearly calling out to a person and not an idea. Even though a name is not mentioned, lines such as â€Å"He will not come,’ she said; She wept, ‘I am aweary, aweary,Show MoreRelatedAnalysis Of The Poem The Raven 1813 Words   |  8 PagesThose that have read â€Å"The Raven† may not fully understand what the young man in the poem is feeling and may question why does he do these things. Have a better understanding of the character’s feelings and what he must have gone through. He closes himself off from others and gains a fascinating raven that flies into his home. Some believe the reason why his is sad and lonely is because he self-torments. Though in reality the young man only misses his beloved so greatly that he can’t help but feelRead MoreAnalysis Of The Poem The Raven 1795 Words   |  8 PagesAnalysis of the Raven (The Poem Itself, and Its Symbolism) â€Å"The Raven† has been one of the most recognizable works in American poetry because of its haunting, music-like quality. It is also known for its hypnotic sound and uniform tone of melancholy. Poe needed to create a masterpiece people could remember him by. He used all of his best writing talents in his poem; repetition, parallelism, internal rhyme, alliteration, and assonance, so that he would be committed to the memories of all peopleRead MoreAnalysis Of The Poem The Raven 2111 Words   |  9 PagesThe Raven versus Ode to a Nightingale â€Å"The Raven† by Edgar Allan Poe is a story of a young adult who has lost the woman he was in love with and is struggling cope. The story-teller compulsorily builds self-destructive understanding of his mourning in a raven’s constant Nevermore reminder to him, until he eventually gives up about being reconnected with Lenore in the new world. On the other hand, John Keats’ â€Å"Ode to a Nightingale† is another interesting poem set in London, which tells the storyRead MoreAnalysis Of The Poem The Raven By Edgar Allen Poe1376 Words   |  6 Pagespoetry and without proper use of it a poem may not be as strong as others. Poetry is a form of art, and a poet uses language as a painter would use color to portray their art. Edgar Allen Poe is one of the greatest poets in history because his mastery of literary elements such as allusion, allegory, symbolism, and figurative language. â€Å"The Raven† by Edgar Allen Poe is a fascinating poem in which he displays excellent use of language. There are many symbols in this poem which help the reader understandRead MoreAnalysis Of The Poem The Raven And Remembered How Good I Thought It Was871 Words   |  4 PagesI was surprised when I started to read a poem for this assignment as I am not what one would call a â€Å"poem reader†. I googled most famous poems of all time then a tons of result came out. However I saw the name Edgar Allan Poe in the list of the poets. I recalled reading his poem â€Å"The Raven† and remembered how good I thought it was. So I decided to dig a little deeper into his poems. In the process I stumbled upon this gem of a poem called â€Å"Annabel Lee†. It was something I read and could instantlyRead MoreAnalysis of Edgar Allen Poes The Raven Essay917 Words   |  4 Pageswriting from poems to short stories. One of his most famous narrative poems is â€Å"The Rav en.† There are many reasons to read the â€Å"The Raven.† One reason to read the poem is because it is a classic. Secondly, reading â€Å"The Raven† can give sight to Poe’s thoughts and feelings towards his life. Thirdly, the poem is a good example of the mind set of someone who has faced a loss. Another reason would be that the poem can represent trochaic octameter form. It can also represent narrative poem form. Of theseRead MoreEdgar Allan Poe (the Raven)1496 Words   |  6 PagesEdgar Allan Poes The Raven Poes The Raven is not only an American classic, its a favorite of high school students around the world, as well as their teachers. That being said, its still poetry and therefore can be difficult to understand. Read this summary to review the contents and get a better understanding. * Stanzas: 1-2 Make everyone in class think youre really smart when you bust out everything youve learned in this summary: Stanza 1:  Its late. The poems speaker is tiredRead MoreLiterary Analysis : The Raven905 Words   |  4 Pages When you are reading a poem or a short story there are so many other things that are connected to the story that people usual do not look at. But when you do break down a story or poem to look for what it really means that it is called literary analysis. A good piece of work to use is Edgar Allen Poe s The Raven. The Raven has a lot of different literature elements at work such as symbolism, theme, POV. In the Raven Edgar writes a poem about a man that is very sad. The man is sad because heRead MorePoes Poetry Essay1269 Words   |  6 Pagesfrightening poems. His poems are best known for being extremely grim and macabre, but with a hint of Romanticism in them. â€Å"The Raven† and â€Å"Annabel Lee† depict Romanticism being described by feelings and imagination. These poems reflect the reality that the author is dealing with different views in the way lovers grieving and the way of dealing with death. He is also able to make two poems that seem very similar completely different. These are all factors in both poems that make these two poems with aRead MoreAnalysis Of The Poem The Dead 1416 Words   |  6 Pages The Dead Muse: A Critical Analysis of The Raven Your Name Your University â€Æ' The Dead Muse: A Critical Analysis of The Raven The Raven by Edgar Allen Poe is a very famous poem which intricately weaves layer upon layer of meaning through singsong verses. Combining allusions to literature, mythology and religion, the poem tells many stories at once while evoking a feeling of nonsense and a descent into insanity. It is hard to understand what the poem is about—if anything at all, and Poe does not

Nintendo Case Study Free Essays

Case Analysis Part 1 Introduction Case 7 of the textbook titled Essentials of Strategic Management looked at the video game pioneer Nintendo. The title of the case is Nintendo’s Strategy in 2009: The Ongoing Battle with Microsoft and Sony and was written by Lou Marino and Sally Sarrett. The case begins by describing how Nintendo faced serious competition from Sony and Microsoft in the video game market. We will write a custom essay sample on Nintendo Case Study or any similar topic only for you Order Now As Sony had created the Playstation and Microsoft came out with the Xbox, Nintendo had taken a backseat in terms of new video game consoles. Through the years however, Nintendo had created many popular devices used for gaming such as the Nintendo 64 and numerous versions of the DS. As Nintendo prepared to release the Wii game system, many said that it lacked the graphics and user experience that their rivals had and it appeared as though it would be a market flop. To the surprise of many critics and competing companies, the Wii was a huge success setting records for total sales. Currently Nintendo is seeing reduced demand and reduced sales due to the recession but they continue to release new features and games and analysts say that â€Å"the only limitations of the system were the limitations of the designer and the user-leading most to believer they considered the possibilities endless† ( ). Nintendo’s Strategy In it’s early years, Nintendo’s strategy was to bring video game experience most commonly found in public venues such as the Donkey Kong arcade game into the users home. This differentiation strategy proved highly successful for Nintendo as they were the first to give the user an affordable gaming console with many different games available for the Nintendo Entertainment System or NES. This continued with the release of numerous versions of the Game Boy and Nintendo DS as users could take their games with them anywhere they went which was unheard of from rivals such as Sony and Microsoft at the time. As competition grew with Sony, Sega, and Microsoft, Nintendo’s strategy seemed to move towards a cost strategy. They began creating onsoles such as the GameCube to compete with disk operated consoles by their competitors but at a cheaper price. This move turned out to be unsuccessful for a number of reasons, the main one being their lack of graphic capabilities. From here Nintendo began differentiating themselves again. Nintendo set out to design a console that would revolutionize the way people played games and the Wii was born. People that had n ever played video games before such as women and the elderly could now find games suited for them that were easy to understand and fun to play. Users could play games that got them up and moving to promote a healthier lifestyle as well as interact with others. For Nintendo to be successful in the future, this differentiation strategy appears to be the best route to follow. Strategic Leadership The strategic leadership surrounding the Nintendo organization appears to be ahead of their time in some aspects. Although they are not coming out with consoles directly aimed at competing with that of Sony and Microsoft, they are however releasing cutting edge technologies into their products. From the dual screen on the DS which allows users to sync up with others to play head to head to the Wii with a Bluetooth activated controller, Nintendo is constantly changing the video game industry. The marketers at Nintendo understood that â€Å"too many powerful consoles can’t coexist† because they would eventually lead to their own collapse ( 375 ). By creating something completely new for users that rivals aren’t reaching, Nintendo was able to gain control of a relatively untouched market segment. Nintendo is known for its differentiation from the normal gaming systems and this attracts a completely different crowd than Sony and Microsoft. Stakeholders in the Nintendo company know this and this is what ultimately attracts them to their organization just as the stakeholders for Sony or Microsoft are attracted to the strategies of competing to be the best in terms of graphics and realistic gaming experience. If Nintendo was to change and try to compete on the same levels as Sony and Microsoft, they would more than likely lose many of their investors because this differentiation is what keeps Nintendo ranking among the top gaming companies. How to cite Nintendo Case Study, Free Case study samples

Psmp Assignment Wanna Case Study Review free essay sample

What were their main points? What are their claims/conclusions? ) (75) The focus of debate surrounded federalism and the two positions, pragmatism versus principle. The main themes discussed are, duplication of functions, lack of cooperation, division of financial resources across the layers, costly administrative practice, the effects of globalization, devolution of roles and function and cost shifting between tiers. The review appears to conclude that federalism is not a productive form of governance in Australia yet the recommendations focus heavily on reform of the current system. Evidence (How does the author support their argument /finding? Question the credibility, logic, or empirical basis of what the author has written. The weight of evidence is important. Evidence means the foundation for the argument. Do they have facts or just opinions? How many people’s views are represented? Is it just a few anecdotes from a few people or a major representative survey? Are they drawing on other experts or credible sources? ) Page (list the page numbers in the right hand column that relate to the evidence you find) (104) The evidence relied upon is limited. The article is not an academic review, it is a summary report of the roundtable discussion held to review federalism in Australia. The paper refers to â€Å"around 50 participants† attending the roundtable, the inability of the author to state the number of attendees in the discussion highlights the lack of detailed evidence provided throughout the report. Wanna states all three levels of Government view federalism as a malaise. This is poorly evidenced, as Local Government was not represented. When discussing options for repairing the system the author fails to quantify the support and relies on generalist statements only. Page 275 Page 276 Page 277 Observations (What is your assessment of the reading? Write evaluative or judgemental comments. This is where you give your view or ‘critical analysis’. For example, only one side of the case is put forward, or the author’s employment status precludes critical analysis of the issues. Consider whether the author is biased or is promoting a particular ideology. See Section 5 of this guide for further advice). 116) The purpose of the paper is not clearly defined, it does not draw any clear conclusions about the approach required, it appears to conclude that federalism is not a viable form of governance, this is however inadequately stated or supported. The paper does not provide insight into the author’s viewpoint on the issues discussed. The paper is not a piece of academic literature it is a summary of discussions held at the roundtable and therefor lacks structure and clarity of purpose, it fails to adequately support either position and at times contradicts itself. The author fails to critically analyse the roundtable issues, and does not provide sufficient supporting documentation or review to support a position. The complex language used in the piece makes it difficult to read and the intent of the paper is lost somewhat as a result. Wanna does not convey a position. Federalism is stuffed but all the suggestions for reform focus around the improvement of the current structure. Other relevant or related readings (Find and provide full citations for at least two other references on the same subject and comment on how they are relevant. Show how the different sources/references agree or disagree; identify areas of overlap or gaps. Use correct reference format, see Section 5. 10 of this guide. (The two citations are not included in your word count but your comments are)). (41 + 75) A Twomey and G Withers, Federalist Paper 1 – Australia’s Federal Future, Council for the Australian Federation, April 2007, p 15. Title of consider Where there are problems, they are often with the way the Australian federal system operates, rather than with federalism itself. Rather than criticising our federal system, we should be working to make better use of its advantages? n order to improve our prosperity. In particular, the reform of the allocation of powers and responsibilities between the Commonwealth and the States, and reform of fiscal federalism, are desperately needed. (Twomey and Withers, 2007) Twomey and Withers argue the approach of strategic pragmatism as outlined in Wanna’s paper. The basis of their p osition is that the federalism structure is unlikely to be subject to major redesign and the discussion should focus on improving current operation. Commonwealth Government, Budget Paper No 3: Australia’s Federal Relations, 2009-10, 12 May 2009, p 7. Federations work best when the roles and responsibilities of each jurisdiction are clear and good public accountability mechanisms allow the community to hold the appropriate level of government to account for the quality and efficiency of the services delivered and outcomes achieved. Wanna highlighted the contention around delineation of roles and functions and whether this was a reasonable way forward given the shifts and changes in operating environment and questioned whether it was a worth- while goal to have a strict demarcation of roles and responsibilities between the jurisdictions. Wanna 2007) This point is contrasted by the clear view stated in the Commonwealth Government, Budget paper in 2009 that advocates strongly for demarcation of role and function. Part 2: Minor assignment Diagnostic Essay (1000 words, 65 marks) Write a critical essay about Federalism on the following topic: Discussing the outcome of a Roundtable discussion of federalism in Australia, John Wanna report ed that ll three levels of government Commonwealth, state/territory and local tended to see federalism as a malaise, not as a source of effective government (Wanna 2007: 276). What might be the reasons for this negative view of our system of government? What steps might be taken to overcome it? This essay, authored by XXXXXXXXXX, critically discusses Wanna’s statement, â€Å"that federalism is seen as a malaise† (Wanna, 2007) This paper will question this statement and explore steps to overcome the barriers to effective government. The recommendations of the roundtable ocused on adapting and improving the current system, which demonstrates that the system despite its limitations is entrenched in our political context and provides a stable form of Government moving forward. This essay explores the criticisms of federalism by examining the vertical fiscal imbalance ad the power dynamics associated with the funding relationships, reviewing the ambiguity in role and fun ctions of the tiers of government and discussing the limited capacity of the current system to provide clear and consistent legislation to support global operation. After reviewing the negative views of federalism and why the system is struggling to deliver effective government the essay will explore some of the options for reform, these options like the suggestions made by the roundtable review of federalism will focus on improving the current system. Federalism creates significant over lap in function and effort between governments, leading to a lack of role clarity, inefficiency and duplication of function (Fenna 2007: 298; Wanna 2007: 277). The blurred lines of responsibility and lack of clarity concerning the roles and functions of each level of government makes the system inefficient. The recent trends of federalism in Australia have seen the Commonwealth intervening on state and territorial matters hence creating a conflict of responsibilities (Tiernan, 2008). The Commonwealth has significant economic and financial power over the states due to the centralization of functions and the revenue base of the Commonwealth. This results in conflict in areas of responsibility and is evidenced by exploring the power dynamics within the funding relationships of government. With the Commonwealth holding the purse strings of the nation, a power imbalance is created. The states have insufficient revenue to meet the costs of service delivery and rely upon significant financial allocations from the commonwealth to carry out their functions; this is known as the vertical fiscal imbalance. The financial allocation and distribution of resources to the states has enabled the Commonwealth to have significant and direct input into the way funding is spent by the states. This undermines one of the key benefits of the federal system, the ability of states and territories to solve local issues by implementing solutions that are relevant to concerns specific to its states (Tiernan, 2008). Further to the financial argument is the focus of governments on cost shifting. A great deal of time and energy is spent determining who should pick up the check, and with the division of responsibilities being so unclear it supports the ongoing discussions over who should pay for what. With limited resources available to each of the tiers of government this argument has significant traction and the incentive for governments to shift the costs to others is clear. The complex nature of delivering service across the states due to lack of harmonisation of critical legislative frameworks is clear when exploring the interstate train example. This project has had in principle agreement from all governments since 1996, due to legislative barriers and challenges has been unable to gain traction. Operating an interstate train in Australia involves answering to seven rail safety regulators, three transport accident regulators, six rail access regimes, 15 occupational health and safety laws and 75 environmental laws. Steketee, 2008:193) The absurdity of this example highlights the need to review current regulations and establish consistency amongst Commonwealth and State legislation in order for Australia to operate effectively in a global environment. The relations between the three levels of government, and multiple governments within one level, impose institutional constraints on what individual governments can do and on their capacity to reform the machinery of government. (O’Faircheallaigh et al. 999:97) The pragmatic position to federalism, under pinned by these constraints advocates for reform within the current structure and it is from this position that this essay begins to explore opportunities for reform. Reform opportunities of the current model of federalism focus around the key criticisms outlined, the need to align the responsibilities of the layers of government, devolution of functions and review of the legislative influence exercised by the Commonwealth when purchasing service delivery from the states. Wanna et al. 2009: 9). It is essential that all tiers of government are responsive to the needs of the local community. Subsidiarity is essential, in achieving this goal as it endorses the most local form of government to address the issue (Wanna et al. 2009: 9). This devolution of power supports a robust democratic system of government, one that facilitates input and allows for consideration of a multitude of community views in the decision making process and the shaping of policy agendas that inform service delivery. An important facet of this is the need to focus Commonwealth attention on purchasing outcomes for service delivery and allowing the states to determine the mechanisms for achieving the results (Podger 2008: 36; Wanna 2007: 278) Federalism itself is not the problem. It is the funding and broader relationship complexities, the lack of clarity surrounding roles and responsibilities and the interface of legislation that needs to be addressed to improve the functioning and outcomes of the system. Despite the significant and often valid criticisms of federalism, it is a strong economic performer by international standards. Federalism provides a flexible and responsive framework to support management of changes in the global environment while maintaining a politically stable democracy. Federalism is regarded as one of the best governmental systems for dealing with the twin pressures produced by globalisation – the upward pressure to deal with some matters at the supra-national level and the downwards pressure to bring government closer to the people. (Twomey and Withers 2007: ) ? Reference List Fenna, A 2007, ‘The malaise of federalism: comparative reflections on Commonwealth-state relation’, Australian Journal of Public Administration, vol. 66, no. 3, pp. 298-306. (PSM Manual pp. 224-232 – reproduced under license, in PSM Program 2009, Managing up: the framework of public sector management). O’Faircheallaigh et al. 1999:97 Challenges of Federalism. (PSM Manual pp. 188 – reproduced under license, in PSM Program 2009, Podger, A 2008, ‘Federalism reform’, Public Administration Today, vol. 14, pp. 35-37. Steketee M. , 2008 ‘Rudd’s State Quagmire’ in The Australian, 26. 6. 08. (PSM Manual pp. 193 – reproduced under license, in PSM Program 2009, Managing up: the framework of public sector management). Tiernan, A. (2008). The Council for the Australian Federation: A New Structure of Australian Federalism. Australian Journal of Public Administration, 67(2), 122-134 Twomey, A Withers, G 2007, Australia’s federal future: a report for the council for the Australian federation, Council for the Australian Federation, Adelaide, SA. Wanna, J 2007, ‘Improving federalism: drivers for change, repair options and reform scenarios’, Australian Journal of Public Administration, vol. 6, no. 3, pp. 275-279. Wanna, J, Phillimore, J, Fenna, A Harwood, J 2009, Common cause: strengthening Australias cooperative federalism: final report to the Council for the Australian Federation, Council for the Australian Federation, Adelaide, SA. Wanna, J. 2007, ‘The malaise of federalism: comparative reflections on Commonwealth-state relation’, Australian Journal of Public Administration, vol. 66, no. 3, pp. 298-306. (PSM Manual pp. – reproduced under license, in PSM Program 2009, Managing up: the framework of public sector management). ?

Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business An Examination of Adverse Practices in an Internet Dominated Era

The Internet and Intellectual Property Right Infringement Intellectual property rights are broadly defined as â€Å"exclusive rights pertaining to distinct intangible creations of the mind which range from music, designs and various artistic works to broad categories such as inventions, literature and even phrases† (Woker, 2006).Advertising We will write a custom essay sample on Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business: An Examination of Adverse Practices in an Internet Dominated Era specifically for you for only $16.05 $11/page Learn More The basis for intellectual property rights is to protect the creators of unique inventions, concepts, or ideas from having their work arbitrarily utilized without their permission for the profit of other individuals/ companies. Without IPRs (Intellectual Property Rights) various artists, writers and inventors would be reluctant to release any of their work to the general public due to the possibility of their ideas being subsequently stolen and claimed by others as their work. Companies apply IPR law as a method of protecting their patented and copyrighted products from being subsequently copied and sold by other companies. It is through this method of business law implementation that various corporations have been able to maintain their positions in the global market place due to their protection and control of their patented processes, products and designs. It is rather interesting to note though that within the past 12 years as a direct result of trends in the digitization of products and services as well as the prolific use of the internet many digital products such as software, music and images (taken or created) are increasingly being utilized, shared and distributed online without the aforementioned consent of the holds of their copyright (Jameson, 2011). Sites such as the Piratebay.org, Megaupload and Rapidshare contain millions of music, video and software files that were â€Å"ripped† illegally from legal sources and then subsequently shared online for free (Bhattacharjee, Gopal, Lertwachara, Marsden, 2006). This has resulted in significant losses in sales for hundreds of companies with estimates placing the amount lost in the hundreds of billions of dollars within a given year. On the other end of the spectrum billions of intellectual property right infringements are also done on a single day by the sheer amount of videos and images shared on social network sites such as YouTube and Facebook (Bhattacharjee, Gopal, Lertwachara, Marsden, 2006).Advertising Looking for essay on intellectual property? Let's see if we can help you! Get your first paper with 15% OFF Learn More Users arbitrarily share images taken from official websites and magazines as well as post videos online containing copyrighted songs, labels, symbols and images resulting in practically millions of people being gui lty of intellectual property right infringement. Yet for the past 12 years companies have been unable to successfully combat this problem due to its sheer scale and the inherent limits of business law in actually being able address the issue. What must be understood is that there are inherent differences between violations of intellectual property rights between a company and an online internet user (Bhattacharjee, Gopal, Lertwachara, Marsden, 2006). When a company commits a violation of intellectual property rights business law becomes more enforceable since the affected party is dealing with a single entity. In the case of online internet users, there are just far too many individuals, too many cases and not enough enforceable evidence of an intentional violation to actually implement a successful means of deterring IPR violation in the scale it is seen today. One of the means in which companies have attempted to combat this issue has been to lobby for stricter laws regarding dig ital good and services. The result was the DMCA (Digital Millennium Copyright Act) which in effect criminalized the production and distribution of various technologies, services or even devices which allowed individuals/groups to illegally access copyrighted works or circumvent the process that prevents digital distribution (Grosso, 2002). In effect, this law in the U.S. made it illegal to circumvent copyright protection on digital software for online distribution and made methods associated with intentional violation of such laws punishable by heavy fines or jail time. It must be noted though that the limitations of this particular type of business law is evident in the fact that despite its implementation in 1998 online piracy has continued unabated and has in fact increased within the past decade (Grosso, 2002). One of the reasons behind is the sheer size of the internet with quite literally billions of websites and trillions of pages devoted to all manner of digital content.Adve rtising We will write a custom essay sample on Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business: An Examination of Adverse Practices in an Internet Dominated Era specifically for you for only $16.05 $11/page Learn More Despite the best efforts of any company or government agency it would be quite literally impossible to police all known sites. Not only that, even if a company or government agency was to take down a website based on its supposed distribution of pirated content the fact remains that website addresses can be changed resulting in the site being transferred to some other corner of the internet where it would take months if not years for it to be found by piracy regulators. Another problem in sufficiently implementing IPR law is the fact that when it comes to laws regulating the online distribution of digital content each country has a different application of IPRs (Miller Bove, 2011). For exampl e, though the DMCA is enforceable within the U.S., it is still a U.S. based law and thus cannot be enforced in other countries that have a different version and interpretation of what constitutes enforceable action regarding intellectual property rights. (Miller Bove, 2011) One way of seeing the overall lack of international enforceability can be seen in the case of the Piratebay.org which is the internet’s largest and most well-known site for finding and downloading pirated content ranging from movies, music and games to movies and software applications (Morton Koufteros, 2008). Over the past six years, the Pirate Bay has been able to resist various moves by companies such as Microsoft, EA, Universal Studios and even Apple Incorporated to shut it down due to the presence of pirated copies of the movies, software and games of these companies on the website. The reason it has been able to stay in operation for so long is not only due to the inapplicability of the DMCA since the Piratebay.org’s servers were based in Sweden but the fact is the site took advantage of a loophole in online IPR protection wherein technically the files weren’t stored on the website itself but rather what was present on the site were torrents in which people could use to download the pirated content from the computers of other people (Morton Koufteros, 2008).Advertising Looking for essay on intellectual property? Let's see if we can help you! Get your first paper with 15% OFF Learn More Torrents are a method of online file sharing wherein individual files are broken up into smaller aggregates which can be downloaded and uploaded from multiple sources (Norton Freedmart, 2006). In effect, this technology allows thousands of users to download from other users that are uploading the file from a background process on their computer (Norton Freedmart, 2006). As such â€Å"technically† the files aren’t present on the Piratebay.org itself and it merely acts as a collection of torrent files that can be used to download the content from elsewhere. While it may be true that international pressure on the Swedish government did in fact hamper the Pirate bays servers in 2010 with several of its owners being arrested the fact remains that the site was able to go back online within a matter of hours as soon as it transferred from its servers based in Sweden to other servers based in other countries (possibly China). Based on this particular outcome, wherein despite the best efforts of the application of business law no satisfactory outcome was created, this calls into question whether business law involving IPR of digitized content can still be considered effective when taking into consideration the flexibility the internet grants illegal online content distributors. IPR Violations and E-commerce One of the current trends in E-commerce has been the digitization and sale of EBooks via Amazon, iTunes and various online stores. As seen in the article of Miller (2011), EBooks have gained considerable ground in terms of market penetration and popularity among different age groups due to the proliferation of EBook readers such as the iPad and the Amazon Kindle as well as their considerably lower prices since they easy replicable digital content that costs distributors next to nothing to reproduce and sell (Miller, 2001). The inherent problem though with this particular method of sale and distribution is that unlike hardcopy version of novels, short stories or textbooks EBooks can be easily copied, transferred and even distributed freely online by the thousands. The same digitization that allows companies to sell EBooks also allows other people to use the same methods for their gains. A brief Google.com search shows that there are quite literally dozens of sites where EBooks can be illegally downloaded for free. (Growth of Internet Piracy, 2011). The main question that must be asked in this particular case is what can business law do about? When examining the possible resources of the law in this particular case, it becomes quite obvious that in the age of digital content distribution and consumption business law has in effect been rendered impotent in terms of its ability to limit illegal IPR violations. Domain Names and Trademark Violations Going back to the example mentioned in the previous section involving the illegal distribution of digitized content by the Piratebay.org it can be seen that such a trend in online piracy is not limited to merely movies, music, software and games but extends to other aspects related to digital content (Szuskin, de Ruyter Doucleff, 2009). What must be understood is that the internet is now considered one of the best platforms for mass sales and content consumption and as such an online E-commerce site such as Amazon can now be compared to the previous generation of traditional superstores in New York such as Macy’s and Bloomingdales or the equivalent of Dubai’s â€Å"Mall of Dubai†. While there are quite literally thousands of other examples that can be mentioned what all of them have in common is a proprietary trademark. This trademark is an essential aspect of a store or company’s brand image and as such, is protected by various business laws against illegal or unsanctioned reproduction. In the case of online E-commerce stores such as Amazon, eBay and Alibaba their proprietary trademarks come in the form of their domain name. A domain na me is the name of the website with the prefix â€Å"www.† and the suffix â€Å".com†; this is the primary method in which sites are visited and searched for on search engines such as Google and as such can be considered the online equivalent of a trademark. When it comes to business law, what must be understood is that there are inherent differences and limitations to the application of business law in traditional market environments and the application of business law on the internet. Domain name â€Å"copying† is actually a proliferate and frowned upon practice today wherein variations of the suffix or in the name itself are done so as to imitate the trademark of a particular site. For example, the trademark Amazon.com can use the suffix Amazon.biz, Amazon.net, Amazon.xxx, Amazon.cc as well as a sheer plethora of possible suffixes. Variations to the name itself can result in the following examples as well: â€Å"TheAmazon†, â€Å"AmazonShop†, â⠂¬Å"AmazonStore†, etc. All of these techniques are utilized in order to draw consumers away from the original owners of the trademark to other E-commerce stores that utilize the same site design but are in no way connected to the original trademark owners. While the traditional response of business has been to sue other companies who have obvious trademark infringements the same cannot be applied to cases of internet domain names since while such names are considered part of the trademarks of companies business law is not applicable to their use or creation unless in particular cases. For example, misleading domain names which direct users to pornographic sites are in violation of the U.S. Truth in Domain Names Act which was created in 2003 to prevent such actions from continuing. Domain name seizures also occur when the use of a particular domain has been proven to be connected to a specific form of criminal activity (Joe, N.D.). As seen though, in the case of the Piratebay.o rg, there are limits to the application of this particular form of the law since U.S. law is not applicable to domain names registered, applied or transferred to companies outside the U.S. In fact there is an underground business currently booming online wherein domain names are held â€Å"hostage† so to speak. This practice is done by buying and registering a domain name which has the same name as that of a company, organization, or brand. Since such institutions would want to create their own online presence, they would need to subsequently purchase the domain name in order to ensure proper online brand recognition. This usually leads to the company paying several thousand dollars (more than 300 times the worth of the domain) in order to acquire it from the person that had â€Å"legally† acquired the company’s online trademark by being the first to purchase it. Based on this it must be questioned whether there need to be subsequent changes in business law in o rder in order to mitigate the apparent problems related to online practices that are in clear violation of not only a company’s IPR but their trademarks as well. While it may be true that domain name providers do give companies a certain degree of preferential treatment when it comes to purchasing specific domain names related to their company when new suffixes are created (such as the recent.xxx suffix) the fact remains that this does not bode well for companies that will be created in the future that find their online presence hijacked by an unscrupulous individual looking to make a profit. Copyright Infringement in Website Posting and Development Copyrights are defined as â€Å"laws which give the creator of a certain work exclusive rights towards sale, distribution or development over a predetermined period of time†. This can encompass various literary works, artistic works and even film or music. What a copyright does is that it in effect, allows the creator of a particular piece of work the right to profit over what he/she created. Without sufficient copyright protections in place artists, writers and moviemakers would be unwilling to create any new work since they wouldn’t be able to profit from it in the long term due to alternative channels of sales and distribution that other individuals or groups would utilize in order to tell the created work themselves. While this paper has so far delved into the topic of illegally downloading copyrighted content from websites what hasn’t been discussed is how the process behind the creation of websites can actually fall under various aspects of copyright violation as well. Ever since the implementation of Web 2.0 which transitioned websites from the static domain of the solitary programmer to the dynamic world of the normal user the creation of sites through the use of numerous types of online and offline website making software has made copyright infringement a norm rather than rarity (Kahandawaarachchi, 2007). Thousands of websites utilize â€Å"borrowed† content from other sites in the form of pictures, banners and even written information. Not only that, online services such as Photobucket allow users to store copied copyright content from other websites to utilize on their sites and blogs (Kahandawaarachchi, 2007). When attempting to examine the sheer proliferation of copyright infringement and the ability of business law to resolve this issue it becomes evident that there is actually no way to stop it. Just as there are hundreds of websites which allow users to illegally download ripped content, there are millions if not billions of sites where copyrighted content has been utilized in order to add some â€Å"pizzazz† to the site (Kahandawaarachchi, 2007). There are just far too many sites, too many internet users and internet technology have become too accessible resulting in no possible way to even make a small dent in the degree of infringem ent. It must also be noted that the general anonymity connected to the internet helps to proliferate the practice of copyright infringement online. Studies such as those by Hinduja Ingram (2009) indicate that while internet users are aware that their activities are a form of copyright violation some users still post copyrighted images online since they are under the apparent assumption that their anonymity grants them a certain degree of immunity from direct prosecution, they are unfortunately right in this case due to the fact that it is quite literally impossible to examine all aspects related to what individual users are doing online (Hinduja Ingram, 2009). Internet Anonymity and the Application of Business Law One of the current problems in the application of business law in online cases of IPR infringement is the level of anonymity granted by the internet which not only makes methods of prosecution against violators difficult but also encourages criminal behavior. As seen in the study of Hinduja Ingram (2009) which attempted to explain the reason behind the popularity of online IPR infringement it was seen through numerous interviews and accounts that anonymity played a massive role in encouraging the behavior. As Hinduja Ingram (2009) notes, social identity plays a huge factor in limiting criminal or anti-social behavior yet when the concept of social identity and thus accountability is taken away people are more likely to commit acts related to IPR infringement as they otherwise would have done if there was a distinct level of identity and accountability related to their online presence (Hinduja Ingram, 2009). In other words, the Hinduja Ingram (2009) study showed that people were more likely to commit acts of online copyright infringement and the promotion of online piracy since they knew that the level of anonymity afforded to them by the internet allowed them to act without negative consequences. This, in turn, explains the depth and proliferat ion of online piracy and copyright infringement and shows how the problem cannot be so quickly resolved merely by applying laws which state that a particular action is illegal. Another way of looking at this concept is to look at it from a prosecutor’s point of view. While there are many instances where users download illegal IPR content there is no way to prosecute them for the act since there is no way of knowing who they are. Not only that, services such as Rapidshare, Megaupload and Torrent technologies enable users to anonymously upload content and distribute it to millions of other users which further complicates the problem. The sheer number of users and the amount of available online services which allows illegal IPR violations to continue shows just how impotent business law is at the present in actually resolving this issue. It must be noted though that one way in which companies have attempted to fight back against online piracy has been to directly attack the site s themselves through their ISP (Internet Service Providers) however just as the Piratebay.com has been able to say operational by shifting ISPs and servers other websites have done the say which makes any attempt at even trying to resolve the issue a losing battle for companies due to the sheer number of servers available that are not under the jurisdiction of IPR law (Nelson, 2010). Selling Counterfeit Goods online One of the more interesting developments regarding online violations of IPR, copyright and trademarks has been the use of E-commerce platforms as a way in which counterfeit goods are sold and distributed to international customers in bulk shipments (Internet IP: Review of UDRP begins, 2011). While the IPR, copyright and trademark violations in this particular case are quite obvious the audacity in which the products themselves are sold is indicative of the limitations of the reach of business law in such cases. For example, numerous websites utilizing the name â€Å"Chi naPortal†, â€Å"importfromChina† or a variation thereof utilize online advertisements seen in prominent sites such as YouTube in order to convince online consumers to go to their website and purchase counterfeit goods online (Internet IP: Review of UDRP begins, 2011). The reason why businesses haven’t be able to shut these websites down is due to the fact that their servers, domain names and ISP providers are all based in China and as such becomes yet another example of the limits of business law in combating IPR violations (Internet IP: Review of UDRP begins, 2011). It is actually quite interesting to note that there is currently an ongoing trend wherein services that engage in online IPR violations are increasingly transferring their domains and servers to China as a direct result of U.S. and European based legislation that seeks to prevent such websites from going online in the first place. This is particularly interesting to note since the study of Johnson ( 2008) indicates that nearly 40 to 50 percent of all counterfeit goods sold in markets today actually come from factories based in China (Johnsonn, 2008). As such, not only is China becoming a harbor for the production of counterfeit goods, but it has also become a refuge for illegal online services that distribute copyrighted content (Johnsonn, 2008). It now becomes a question of why businesses haven’t been able to do anything regarding China’s actions which in effect cost them billions of dollars a year in lost revenue. One way of explaining this particular situation is to examine it from the Realist theory of international relations which specifically explains that â€Å"States are the primary actors in international relations and as such, there is no entity above a state† (Hall, 2011). Foreign policy, according to Professor Daniel W. Drezner of the Fletcher School of Law and Diplomacy at Tufts University, â€Å"is conventionally defined as the means by which a nation-state advances and protects its interests in the world. It includes fashioning alliances, establishing trade relationships, negotiating treaties, shoring up domestic support for international policies, bargaining with international organizations, crafting military doctrines, and waging war†. From this, it can be seen that foreign policy is the manner with which a state interacts and relates to other countries and actors with the aim of protecting and securing a state’s national interests. Moreover, foreign policy is â€Å"something that a state and its machinery produce on behalf of a nation using all the instruments they can muster in competition with other similar actors in a world that is dominated by the logic of Realpolitik†. Taking this into consideration it now becomes obvious that the reason why businesses cannot do anything to resolve this particular situation is due to the fact that they don’t have the right or the capability to activel y force the domestic policy of a foreign state towards their ends (Hall, 2011). While it may be true that in the case of the U.S., lobbyists within Congress are able to influence the decisions and laws implemented the fact remains that such a system does not exist in China and as such companies have next to no ability to actually prevent the current server and domain transfer towards Chinese based services in order to perpetuate the release of illegal copyrighted content. Furthermore, this also prevents companies from actively targeting websites that sell counterfeit goods since they are not located within countries that have strict IPR regulations. Discussion Based on the facts presented in this paper so far it becomes quite obvious that necessary changes in the application of business law need to be implemented in order for it to apply to the challenges described so far. In response to this particular situation two new proposed acts of Congress by the U.S. namely PIPA (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011) and SOPA (Stop Online Piracy Act) are currently being deliberated and should they go into effect would resolve many of the problems described in this paper. The first act, SOPA, allows copyright holders to utilize a court-ordered agreement which would in effect ban U.S. based advertising networks from advertising on such sites, would prevent online payment transaction services such as PayPal from processing payments on behalf of that site and it also prevents search engines from displaying the site during an online search as well as requires ISPs to in effect block the website from being accessed by anyone within the U.S. or if the site is based within the U.S. allow all users to visit the site (Nagesh, 2011). The Stop Online Piracy Act effectively neutralizes all possible avenues by which a sight with either pirated or IPR violating content from continuing to exist by strangling all means by which it could derive an income or attract users (Nagesh, 2011). This proposed act is the culmination of all the various facts presented in this paper regarding the inadequacies of business law thus far regarding violations of IPR and as such resolves many of the problems indicated in this paper. What must be understood is that a vast majority of online internet users are from the U.S. and as such by blocking their ability to access to create sites with infringing content this could possibly create a cascading effect where due to reductions in income due to a lack of visitors, sites with illegal copyrighted content would in effect have to shut down (The Internet, 2011). As such, this particular application of business law not only affects violators within the U.S. but violators on an international scale as well since it limits their ability to conduct business. On the other hand, SOPA has continued to receive widespread derision and contempt from a vast majority of internet users du e to the limits it imposes on the consumption of online content (The Internet, 2011). What must be understood is that many of today’s users have grown used to various websites having infringing content in the form of photos, graphics, music and files and as such have considered their presence as an ubiquitous right to online internet usage. What must be understood is that the broad definitions of the act itself could possibly result in thousands of sites being shut down as a direct result of copyright infringement. This involved not only illegal sites but legitimate sites such as Facebook where users share copyrighted images by the thousands on a daily basis. Not only that the implementation of the bill itself has numerous pundits concerned on how it would effect the ability of internet-based entrepreneurial businesses to operate due to the increased liability that may have to face due to the exposure to possibly copyrighted content. The best way of examining this particular issue is from the words of blogger James Alworth, who works at the Harvard Business Review. He states the following quote which reverberates throughout all the problems and concepts presented in this paper: â€Å"Is this really what we want to do to the internet, shut it down every time it doesn’t fit someone’s business model?† (The Internet, 2011). This very statement actually calls into question business law itself as it is applied on the internet today. What must be understood is that the internet is widely acknowledged as the single greatest innovations within the past century due to its ability to not only encourage communication but information sharing on a massive scale. Implementing solutions to the problem of applying business law solutions to the cases presented in this paper unfortunately has the effect of stifling the ability of the internet to continue to be an effective platform of communication and the sharing of ideas since as seen in the case of SOPA the implementation of the most effective solution prevents the proper functioning of the open and freestyle of communication and collaboration the internet is known for. It can even be argued that copyrights and IPRs actually constrain innovation and the subsequent application of new methods to use old technologies. With copyrights and IPRs securely in the hands of companies that want to keep them in order to perpetuate the success of their business models they in effect stifle potential new applications of the technologies they so religiously guard. Evidence of this can be seen in the way in which open-source software projects such as Linux, Mozilla and Google’s Android software application have practically done leaps and bounds in their ability to not only rival but exceed the capabilities of proprietary based systems. While it may be true that under business law companies have a right to profit from the copyrighted and trademarked content that they created it is at t imes questionable whether the perpetuation of practices which allow old business models to continue to operate is truly the most effective path to pursue. In fact, it was stated by the director of Valve (one of the largest computer game companies in the world) that the popularity of online IPR violation isn’t an issue that involved business law but is rather a service issue. Examining the Concept of IPR Violations as a â€Å"Service† Issue When the head of Valve mentioned that IPR violations are a service issue he meant that certain licensed content whether in the form of media, games, software or pictures were either unavailable in a particular region or unaffordable by people that wish to utilize the copyrighted content. What must be understood is that a vast majority of IPR violations done today through the illegal consumption and use of copyrighted content is actually done by individuals who can’t afford to get the software or media in another fashion (Khouj a Park, 2007). As such, they turn towards IPR violation as the only recourse they have in order to gain the content the need. In the case of Valve, they resolved the problem of IPR violations being a service issue by establishing a service that both addressed the issue of availability and affordability of video games. Through their proprietary â€Å"Steam† portal, players from all around the world were able to find the games they wanted and pay for them at a fraction of the cost that they otherwise would have if they had bought the game through traditional methods. Based on this it can be seen that there are alternative solutions that other companies are not event attempting since they seem more concerned in perpetuating their old business models instead of attempting various methods of innovation to address the issue of IPR violations (Khouja Park, 2007). Losing Touch with their Customers It can actually be stated that based on the words of the Valve CEO that the inherent problem in this particular case is the fact that companies have in effect lost touch with their customers based as a direct result of the internet and as such have begun to rely on business law as a way of reversing an unfavorable situation. One way of looking at this is by comparing the case of Netflix and Blockbuster and how one business model was affected by changes to consumers and the effects of innovation. When examining what company has lost touch with its consumer base, the best example that can be seen at the present is the fall of Blockbuster and the subsequent rise of Netflix within the past 10 years. What is notable in this particular case is that Blockbuster originally had a dominant position in the U.S. market. It has 3,000 stores and controlled 95% of the video rental market; however, it is interesting to note that its business model did little to change over time. Blockbuster stores were notable for their large selection of movies and games; however, they tended to b e overly spacious and placed in an equally large parking lot with few surrounding stores. Such a scheme did result in high sales over a period of 15 years however it must be questioned whether the sales were a result of its business model or just the sheer proliferation of its stores and the dominant position it enjoyed in the market. When examining how Blockbuster dealt with local competition, it was obvious that they did so by offering a wider selection, lower prices and more attractive looking stores in order to gain more consumers. Not only that Blockbuster also enjoyed a rather healthy relationship with several studios which enabled it to release movie rentals faster than its competitors could have, which resulted in more consumers coming to Blockbuster as a result. The fall of Blockbuster By the late 1990s though it is obvious that Blockbuster was so competitor centered in maintaining its dominant position that it neglected to examine changes within its consumer base (Gandel, 2010). By this time, faster internet speeds were becoming available to the general public which, along with the proliferation of home computer systems, resulted in more people turning towards the internet for their needs. In fact, it was at this point that online e-commerce systems which enabled consumers to make purchases online started to proliferate which enabled new companies to enter into previously hard to enter markets due to the flexibility and low-cost nature of online sales and consumer marketing. When Netflix began its online video rental service in the latter half of the 1990s this gave consumers a faster and more convenient method of video rental which subsequently eroded away at Blockbuster’s market position till by 2005 to 2009 when Netflix released its online video streaming service this could be considered the â€Å"final nail in the coffin† so to speak resulting in the dominance of Netflix and the complete erosion of Blockbuster’s previously do minant position. Based on this example, it can be seen that companies that don’t innovate in light of subsequent changes to markets very likely could go under as a direct result of their actions. Examining the Issue The case of Blockbuster and Netflix is actually an example of the wider state of all businesses today and as such is evidence as to why the fight against online IPR infringement should not be considered one based on business law but one where companies are reluctant to innovate in light of the changes needed and are utilizing business law as a means of â€Å"resisting the change† so to speak. The reason behind this is the fact that businesses don’t operate within a vacuum and have to deal with intense competitive environment forces on an almost daily basis. What must be understood is that there are three components to market orientation that dictate how a company acts within a competitive environment; these are: customer orientation, competitor orien tation, and inter-functional coordination. In the case of customer orientation, a company spends what resources it has in gathering data on the needs and behaviors of various consumers, the same can be said for competitor orientation however it focuses on competitors instead. What must be understood is that either method has a distinct weakness. Focusing too much on consumer orientation can actually blind a company to changes in the market or may actually stifle innovation since the company focuses too much on consumer satisfaction rather than changing based on trends. Focusing too much on competitor orientation on the other hand results in too much time and capital being placed on competitive activities which results in companies at times neglecting their consumer bases and focusing too much on getting ahead of the competition. On the other hand, both methods also have their own respective strengths, such as the customer orientation strategy being more effective in uncertain market s, whereas competitor oriented strategies become effective in fast-growing markets. The best way to maintain a balance between the orientations is to first create a market intelligence mechanism that gathers consumer information and disseminates it within the company and secondly is to encourage the free flow of information within the organization. What must be understood is that market orientations tend to become ineffective when organizations are mired in bureaucratic nuances which prevent information from being passed on quickly. This is exactly what is happening to companies at the present wherein they are mired in the bureaucratic entanglements of IPRs, copyrights and trademarks. They have become so concerned with maintaining their positions that they have neglected to take into account current market intelligence and customer orientation in order to innovate their products in such a way that it allows the company to both profit from online IPRs while at the same time allowing consumers to enjoy the current level of freedom they enjoy online. The creation of SOPA is merely evidence of this resistance and as such should not be encouraged to go into effect since it not only negatively impacts online users but also prevents companies from forcefully innovating themselves. Reference List Bhattacharjee, S, Gopal, R, Lertwachara, K, Marsden, J 2006, ‘Consumer Search and Retailer Strategies in the Presence of Online Music Sharing’, Journal Of  Management Information Systems, 23, 1, pp. 129-159, Business Source Premier, EBSCOhost. 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Szuskin, L, de Ruyter, S, Doucleff, J 2009, ‘Beyond Counterfeiting: The Expanding Battle Against Online Piracy’, Intellectual Property Technology Law Journal, 21, 11, pp. 1-13, Business Source Premier, EBSCOhost. The Internet, S 2011, ‘Internet Society Joins Opposition to Stop Online Piracy Act (SOPA)’, Business Wire (English), December, Regional Business News, EBSCOhost. Woker, T 2006, ‘Principles of copyright in intellectual property law: An overview’, Critical Arts: A South-North Journal Of Cultural Media Studies, 20, 1, pp. 35-46, Literary Reference Center, EBSCOhost. This essay on Exploitation of Copyrights, Trademarks and Intellectual Property Rights in Modern Day Business: An Examination of Adverse Practices in an Internet Dominated Era was written and submitted by user Dark Wasp to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

People are determined to find a way to categorize books as

People are determined to find a way to categorize books as great or not. It is impossible to come up with a set of guidelines and requirements that will enable us to dub a book as great. Everyones view point is different. We have brought up the considerations of the book serving its purpose, and how important that purpose is. For a book to be great it should accomplish what it set out to do. It would be a rare thing for an author to accidently come out with something great. The importance of the purpose is a subjective topic. What is pertinent to one may not be to another. The subject matter does not need to be dark and heavy for a book to be effective. A great piece of literature should have you walk away affected. There is no way you will be able to come to a general consensus on whether a book is great or not. Literature is based on a personal relationship between the reader and the novel. I found Lolita, by Vladimir Nabokov, to be a great book. Simply, it is a work of art. Nabokov uses such beautiful language. His poetry manages to make the reader strangely comfortable with a sinister situation. It is able to make you sympathize with someone you would not normally. This book also goes deeper, showing the complexities of The names of characters in the book show the duality in themselves. They have repetitious names such as Humbert Humbert and J.R.,Jr. These represent the competing natures within everyone. Throughout the book Humbert professes his unconditional love for Lolita. He assumes the role of a parent, even buying books on how to raise children. At the same time, though, he pays her for sexual favors. Every human being has desires which clash with what is accepted by society. What distinguishes Humbert from the majority is that he acts upon them. In Humbert we find a man with qualities we can all relate to. At ...

Reactive Power compensation Essay Example | Topics and Well Written Essays - 1750 words

Reactive Power compensation - Essay Example This is due to the fact that it has no reactive power at all. As a matter of fact, its reactive power is equivalent to zero. In this case, the power triangle mimics and horizontal line. This should logically be so noting that the opposite side which represents reactive power has a length of 0 cm. inappropriate power factor can be rectified, paradoxically, through addition of an extra load to the circuit. In essence, the added load is equivalent reactive power acting in an opposite direction. The addition cancels the effects resulting from a load's inductive reactance. Notably, only capacitive reactance can cancel the inductive reactance and hence a parallel capacitor is added to the provided circuit to act as the extra load. As a result of the impact resulting from the two reactance acting in opposite directions, and parallel to each other, the circuit's total impedance becomes equivalent to the entire resistance. This assists in making the impedance phase angle equivalent, or in the least tends towards zero. Having the knowledge that that the un-rectified reactive power is 561.724 VAR (inductive), there is a need to derive the right size of a capacitor to generate an equivalent amount of reactive power. Given that the identified capacitor will act in a direction parallel to the source, the following formula is applied in calculation and it begins with identification of voltage and reactance: But And hence, The simulation is done using a rounded of capacitor value of 29, yielding the following results, True power = 447.002 Apparent power = 447.008 For case 2, where capacity improves power factor to 0.95 lagging, Circuit sketch The circuit has both inductance and resistance and hence the two are combined to form, Given that, P = True power, Q= Reactive power, and S = Apparent power P is given as, S is given as, Q is given as, Redrawing the circuit, we have Resistive/reactive load: For power factor = 0.95 Consequently, This indicates the capacitive reactance XC m ust be Original XL - Improved PF XL = 80.2986 – 16.434 = 63.8646 ohms Simulating this, a 20 is used, as shown True power = 447.

1.3 Movie Review Example | Topics and Well Written Essays - 500 words

1.3 - Movie Review Example Precisely, he does what he thinks is right without thinking whether it’s right or wrong but he has standards. Dexter is a very strong, intense, and straight forward person as he does only what he feels is right. He is living a double life which is hidden from his colleagues at the police department, his sister, and even his girlfriend. He is complex and very different from other single-headed ‘good’ heroes out there. However, the serial killer side of Dexter is not bad or evil as he believes he has standards and he would only kill those who ‘deserve it’. He leads the life of a ‘good’ serial killer and believes that he should use his skill to do something good which is killing the bad people. Dexter has an adoptive sister who also works in the police department. She doesn’t know about Dexter’s serial killer side and thus she trusts him and loves him. Dexter believes that she is the only person in the world who actually loves him. His both adoptive parents have died but his father lives in his mind and guides him though everything that he does. Dexter feels haunted by these thoughts sometimes as they conflict with what he thinks. However, he values the teachings of his dad who taught him a code according to which he kills. His dad was the one who instructed him and taught him how to avoid getting caught and gave him the values to only kill those who deserved it. Dexter’s psychological analysis would seem to be pretty disturbed. Even though he turns out to be complex and strong, he can be perceived as depressed and confused. He doesn’t know what he is doing but he wants to do everything the right way. He keeps his father in his thought process and loves his sister; he also doesn’t kill children as he believes he has some standards. However, despite this he is very complicated and difficult to understand in the first attempt. The episode consists of certain moves such as killing of the child which Dexter refuses, the

Adults Returning to College Essay Example | Topics and Well Written Essays - 1000 words

Adults Returning to College - Essay Example 'Adults returning to college', is essentially a transition beyond the ordinary.Foremost, it is a social conversion for the adult; jumping into an era that was, at least theoretically, long gone. It is time travel in a very crude and possibly uncomfortable way. Regardless of the academic value and professional excellence that education may provide, the impact of identifying with the fact that the peers shall no longer be of the same age group, a feeling of being a misfit is created. This generates a social challenge that can only coped with successfully if time and understanding friends stick by. Other than that, one should remember the primary concern for re-entering the college. It may be for educational superiority, for professional excellence, for career searching, or merely to relive a once imagined dream. Whatever the preference, it should, by all means, supersede the social challenge.Another relevant issue is that of changed domestic commitments. Years back, when one would have been single, independent and free of domestic liability, college could have seemed much more feasible. However, with a job, a spouse and a couple of children (who themselves require adequate education), the picture seems in a totally different frame. This one factor alone probably deters many middle-aged individuals from returning to college - the myth of not being able to cope with family and studies together is just too strong to be broken with ease. With the work-at-hand and other personal commitment in modern times, the time spent with the family is already less than desired in many cases. Considering college in such circumstances becomes a real challenge. An associated problem to the one just mentioned, which only those can appreciate to the fullest who have gone through it, is child bearing and rearing. Largely for working single parents and even with professionally occupied couples, adequate care giving for their children is always a thwarted goal - something they feel to be missing out on every day of their life. Add college studies to this, and you can just forget about giving your child any time at all; at least till where they assume! However, for infants and even slightly older children, many community colleges offers daycare centers and customized child care services that actually help the student (whatever the age) to organize their course work and manage their domestic life in a better manner than they were doing before. A feeling of being intellectually rusty is another great demeanor for those who seek to go back to college at a later stage. Somehow, they rate intellect and creativity to youth; quite ironically, youngsters consider elders as more intelligible on the simple premise of maturity. This stark contrast, however, affects the adults more adversely than it does the young ones. For one, the youth feel that they might grow up one day to 'that' particular level of maturity. Whereas the elder person does not have that hope, as he has been through both phases and knows his/her correct standing. According to the Education and Employment Information Center, "Adult learners tend to be highly motivated and tend to approach learning in a mature manner". The psychological issue of being inferior, an under-achiever and out of sorts is also a hidden yet potent factor. Even if a person has the ability to learn and excel, the factor of being 'left behind' one's own friends, and to be amongst those of a different era gives rise to a series of timid ideas and mediocre feelings about

The similarities of leadership styles

The similarities of leadership styles Purpose of this study is to examine the similarities of Servant leadership, transformational and transactional theories and also examine the Contribution those theories make to the understanding of leadership. Introduction: Leadership has a major role in 21st century in all sectors. Here I am going to discuss about understanding of what leadership is, is there any similarities among three theorists on what fine or valuable leadership ought to be. Expectation, in the 21st Century leader should be moral, social and ethical responsible. What is leadership? Leadership is a process of influencing the people to obtain the desired goal. There are many authors giving different definition. Goleman (2000): A leaders singular job is to get results. House et al (2004): Leadership is the ability to motivate, influence and enable individuals To contribute to the objectives of organizations of which they are members. Stogdill (1974): Leadership is an influencing process aimed at goal achievement. Johns T (2008) says: A leader takes people where they want to go. A great leader takes people where they dont necessarily want to be, but ought to be.There are a number of types of leaders who adopt different leadership styles According to Richard Bolden (2004), Different leadership theories were revealed and classified.   And also only few leadership theories reached to people. They are: Great Man Trait Contingency Situational Behavioral Participative Management ( transactional leadership theory ) Relationship (transformation , servant and team leadership) Now I am going to discuss about transformational, transactional and servant leadership. Transformational leadership: James Macgregor Burns was the first person who forward concept of transforming Leadership. Burns (1978) states, Transforming leadership as a process where leaders and followers raise one another to higher levels of morality and motivation(p.20). Transforming leadership can answer in a relationship of mutual Stimulation and elevation that converts followers into leaders and may convert Leaders into moral agents(p. 4) and then bass b.m was developed the transformation leadership. Bass (1996), Transformational headship happens when a Leader encourage followers to share a vision, allowing them to achieve the vision, and providing the opportunity to develop their individual potential. covey (1992) says, The goal of transformational leadership is to transform people and organizations in a literal sense, to change them in mind and heart; enlarge vision, insight and understanding; clarify purposes; Make behavior congruent with beliefs, principles, or values; and bring about changes that are permanent, self-perpetuating, and momentum building(p.287).Transformational lea ders serve as role models, and also (Kelly, 2003) mentioning about how transformational leadership motivates its followers by following Maslows hierarchy. Transformational leader raise people from low levels of need (food, water, etc) to higher levels (self actualization). Components of transformational leadership: Four common Is are, 1. Idealized influence: Transformational leaders behave in ways that result in their being role models for their followers. The leaders are admired, respected, and trusted. 2.  Inspirational motivation. Transformational leaders act in ways that inspire and encourage those around them by providing sense able and challenge to their followers, work. Team spirit is aroused. The leader creates clearly communicated expectations that followers want to meet and also demonstrates commitment to goals and the shared vision. 3. Intellectual stimulation. Transformational leaders encourage their followers hard work to be inventive and new, modern by questing assumptions, reframing the troubles, and approaching mature situations in new or different ways. Creativity is encouraged. Followers are encouraged to try new approach and are not criticized because they differ from leaders idea. 4. Individualized consideration. Transformational leaders pay special focus to each individuals needs and to help them achieve their higher level needs. Trace over individual talents. Being a coacher and mentor to his followers and colleagues are developed to consecutively higher levels of potential. Source: (Kelly, 2003) Characteristics of transformational leader: According to (Tichy and Devanna, 1986), they have seven characteristics to inspire their followers to achieve beyond the expectation. 1. They visibly see themselves as change agents 2. They are brave 3. They believe in people 4. They are driven by a strong set of values 5 .They are life-long learners 6. They can cope with complexity, uncertainty and ambiguity 7. They are visionaries Example of successful transformation leadership: There are many leaders succeed in the way transformational leadership qualities. Mahatma Gandhi is Transformational leader representing charismatic qualities. Lou Gerstner is a transformational leader retired Chairman and CEO of IBM (1993 to 2002). He entered in IBM when it was in $8.1 billion loss in 1993 after recognizing the companys problem are wrong validation, only looking for results and values. IBM had become small-minded and nonflexible (Sheppard, 2002). Lou Gerstner entirely transformed organizational culture. For example, shut down infamous IBMs dress code to reproduce better the clothing of their customers (Sheppard, 2002). Another example for transformational leader is Lee Iacocca, who is accredited with saving the Chrysler Corporation (1980-1992). Chrysler Corporation when it was on the edge of bankruptcy. He taken responsibility and he set about transforming the principles to his contiguous subordinates. He began to restructure the corporations culture. Because a trans formational leader gives confidence to others to become transformational leaders, soon the whole organization was packed with successful leaders (Kelly, 2003). Transactional leadership: Transactional leadership emphasizes Social transaction or exchange between followers and a leader that involves involves a number of transactions based on reward. The transactional leader makes clear what he want, Performance expectations, goals, link between goals and rewards. The leader also watches followers performance And if any mistakes occurring towards the goal, the leader appear to correct (Burns 1978). In practice, these leaders use more closed and leading questions (Randell, 1997). Components of transactional leadership: (Bass Avolio, 1994) Contingent rewards: It refers to a prearranged agreement: If you do as we agreed then it specifies expectation and sets goals. Active management-by-exception : It refers to behavior where the leader is actively monitoring a follower: I am seeing to it that you (do not) the leader is strongly supervising and has specified corrective actions for mistakes. Passive management-by-exception: It occurs when the leader is passively monitoring a follower: If I happen to notice that you (did not) ; the leader takes corrective action in the case of mistakes if these are found out. All these behaviors work on the principles of expectancy of reward and fear of punishment, related to needs that are lower on Maslows hierarchy Characteristics of transactional leadership: according to Marcbowles (2003), They setting a clear goal. They create targets for each individual and the team They spot performance gaps. They wont trust their followers, they monitor their performance. They take corrective actions when necessary. They gaining promise to performance and tasks through pay, reward, appreciation and honor. Example of successful transactional leadership: Transactional leadership is mostly follow by managers and CEO in many organizations in 21st century. Ezine (2010) mentioning about Steve Jobs chairman and CEO Apple inc.he got award best CEO OF 2009 by TIMES. He is the famous transactional leader. Steve Jobs was famous for his down to world and job oriented nature of his leadership in apple computer. http://ezinearticles.com/?Leadership-StylesTransactional-Leadershipid=4262945 Servant leadership: Servant leadership sights a leader as a servant. Servant leadership was developed by green leaf in 1970, he said that The servant-leader is servant first. It begins with the natural emotion or feelings that one wants to serve, to serve first. Then mindful choice brings one to aspire to lead. Such a person is sharply different from one who is Leader first, perhaps because of the need to assuage an unusual power drive or to acquire material possessions. (Greenleaf et al, 1998). Katzenbach and Smith (1993) highlights The importance of leaders knowing when to follow The importance of the leader acting as supportive person to their followers to achieve task rather than just directing. They propose that the leader should ask questions rather than giving answers; provide opportunities for others to lead them; Components of servant leadership: According to (Laub, 1999) cited in (Smith et al, 2004), Servant leadership has six distinct components: Respecting people Rising people Building society Displaying legitimacy offering leadership shared leadership Characteristics of servant leadership: They Serve others needs before their needs They believe in people They are very simple and caring personalities They Provide opportunities to learn and grow They create Strong interpersonal relationships divide power and release control divide status and promote others Example of Successful servant leadership: Maxwell j (2007) add the new law in The 21 Irrefutable Laws of Leadership Leaders Add Value by Serving Others, he described about serving others ,can make huge values(profit) in the organization. Adding Profits by Adding Value Costcos CEO, Jim Sinegal, believes the success of Costco comes from treating his employees well. Transactional versus Transformational leadership: According to Bass (1985) transactional leader motivates subordinates by exchanging rewards for services provided. Transactional Leader mainly focused on goal. Leader has been gaining promise to performance and goals through pay, reward, recognition and praise. Transformational leaders, on the other hand, motivate subordinates to perform beyond expectations.. Bass argued that such performance cannot be achieved through transactional leadership alone. A Comparison of Transactional and Transformational Leadership: Leithwood and Jantzi (2000) end that transactional leader more generally apply teleological principles (teleology is the study of goals, ends and purposes.) Where as transformational leaders deploy deontological ethics. Servant Leadership versus Transactional Leadership: Servant leadership and transactional leadership are evident in a number of ways. Servant leaders emphasize activities that fans of well-being, while transactional leaders focus on the activities of routine maintenance and resource allocation followers of monitoring and management to achieve organizational goals. Contrary to the chief servants who influence followers through personal development and empowerment, the transactional leader influences followers through the use of rewards, sanctions, and formal authority and position to induce behavior consistent. According to Blanchard and Johnson (1985), transactional leaders create strong expectations about the behavior of employees, as well as clear guidance on employees receive rewards for meeting the expectations of transactional leader.Li Thus, leaders use transactional contingent reward behavior to implement transactions with followers to achieve work goals (Bass, 1985). Servant Leadership versus Transactional Leadership: According to the stone and his colleague point of view servant leadership and transformational leadership, both models incorporate characteristics such as value, vision, power, molding, belief, honesty, and designation (Stone et al., 2003).Transformational leadership and servant leadership have similar qualities such as individualized appreciation and consideration of followers. A Comparative Model: Servant and Transformational Leadership The Servant Leader model, the leaders motivation to lead occurs from a fundamental attitude of social equality. The servant leaders system believes that He or she is no better than those headed. The All associates of the organization have equal privileges to vision, value, and information. The leaders role is to make easy the appearance of a community within the organization. According to (Laub, 1999), the key inventiveness for Servant leadership is importance of people, rising people, structuring community, displaying legitimacy and sharing management. Possible impacts of these drivers could be: higher capable people, more moral people, better negotiator, well-built interpersonal relationships, establishment of shared visions, and clear tasks. It is discussed here that these results in combination with the leader initiatives that produce them to form a spiritual generative culture. Transformational leader model, the key initiatives for the transformational leader is II or charisma behavior, IM, IS and IC. These Components lead to: role modeling, high moral standards, caring about others needs requirements, communication of hope, shared visions, innovations, risk taking, and quizzical of practices and systems. Servant leadership tends to develop a more fixed method to the exterior environment than transformational leadership. The transformational leaders motivation is aimed at for more toward achieving targets for the organization, which will reveal on his/her capabilities, and the success of these leaders is calculated by the level to which they acquire organizational rewards. The Servant leaders motivation is mainly focus on its follower the personal growth, thus the servant leaders achievement is calculated by the level to which the follower moves on the way to self actualization. Source: smith .B et al( 2004) CONCLUSION: leadership is attitude not a role. Leadership in Leadership, It seems, is increasingly becoming the universal remedy of the 21st Century and its emphasis is turning towards the moral, social and ethical responsibilities of leaders. Transformational leadership is suitable for dynamic organization and servant leadership suitable for static organization such as church, non-profit organization, non-government organization. Most of leader using transactional leadership theory while they using transformational leadership. There is nothing as practical as a good theory (Lewin, 1935). So Todays leaders need to be skilled in change management to adopt in any situation CHRISTINA OSBORNE (2008).