Friday, October 18, 2019
Two sides on branding Essay Example | Topics and Well Written Essays - 1000 words
Two sides on branding - Essay Example Naomi Klein's book,as it title implies is a criticism to the proliferation of branding strategies launched by business organisations in order to capture customers.The selection lifted from her book outlined the evolution of branding-from its earliest beginning, downfall, recovery, and recent expansion.The concept of branding, according to Klein, began with the company's recognition that production is not the main core of their operations but marketing. The earliest proponents of marketing like Nike and Microsoft stated that manufacturing is only an "incidental" part of their operations and that they are not selling "products" but "images of their brands." This early beginnings started a new age of branding previously homogenous, mass-produced commodities replacing the old shopkeeper who traditionally scoops out generic products like sugar, flour, and cereal in barrels. The popularity of Dr. Brown, Aunt Jemima, Uncle Ben, and Old Grand Dad became synonymous with the ascent of branded generic commodities.However, the death of branding came one Marlboro Friday as Phillip Morris is threatened by the intense competition from lower priced unbranded competitors. With this happening, a dramatic shift in customers' buying behavior was illustrated-from prestige to price consciousness.The article concluded with the "rebirth" and expansion of branding. This phenomenon was lead by established companies like Body Shop and Starbucks which were able to safeguard and even expand their market share by investing in their brand images. These, together with other successful companies like Nike, began the more rapid proliferation of branded products which does not only market the attributes of the product by created a "concept" to establish an "emotional connection" with its clients. Naomi Klein concluded that with this age of branding, customers are easily manipulated by branding tactics as marketers can establish a good brand even with the lowliest products. She argued that instead of focusing on production and improving products, companies are embarking and spending time, effort, and money in creating a good brand for which they ask customers for a premium. The Economist-Who's Wearing the Trousers The article lifted from the Economist, hold an antagonistic position on Naomi Klein's book. Though it also recognizes the good arguments raced by Klein, the Economist offer a very different view on what the first author referred to as "brand bullies." Basically, the article presented in the Economist can be summed up into two points-the first one being the exaggeration of Naomi Klein's argument on the power of brands, and the second one on the manipulation of the customers by the branding strategies of the large corporations. The Economist recognizes the importance of brands in selling a company's products. However, it claims that Klien's article exaggerated the role of branding in the strategies of the large business organizations. The article proved this by citing the case of the companies who spent bulk of financial resources in creating a good brand only to fail. As the company treats a "brand" as one of its primary assets, a brand can also be regarded as liability as it makes a company highly responsible in the damages which it can give to customers. Customer loyalty is not only rooted on their perception on brand. This is evidenced by the recent research which shows that customers of all ages shift from brand to brand. This also strengthens the claim of the Economist claim that customers are not highly manipulated by company's branding tactics. It is also irrefutable that companies' are spending a lot of money to retain their customers and develop their products to safeguard their brand. Between the Two Articles Naomi Klein and the Economist hold two seemingly different arguments about branding, company's performance, and customers. The two articles summarized above show some same
Thursday, October 17, 2019
Law Essay Example | Topics and Well Written Essays - 1000 words - 1
Law - Essay Example However it was soon realized that the current definition was not adequate and hence required to be redefined to include a broader perspective. Accordingly various additional set of activities were included to broaden the scope of the term. According to section 11 of the Banking Act, certain activities included in the definition applied only to individuals and / or corporations, and any non-corporation which is not defined under this section, is forbidden to carry out ââ¬Å"any banking businessâ⬠. Similarly under section 8, non-ADI corporations are forbidden from carrying out ââ¬Å"any banking businessâ⬠(Comlaw, 2011). There is an ambiguity over the term ââ¬Å"any banking businessâ⬠. The sections 7 and 8 of the banking act prohibit the execution of 'any banking business' although there is no clear consensus regarding the term. There are serious doubts regarding what can possibly be considered as "any banking business". According to the section 5, banking business in cludes acceptance of funds from the public AND making loans to them, but whether a business which is involved in only accepting deposits but not make any loans, is considered as 'banking business' and vice versa, is questionable (Weaver et al, 2003). In Commissioners of the State Savings Bank of Victoria v Permewan, Wright & Co. Ltd, Issacs J, stated that the "essential characteristics of the business of banking may be described as the collection of money by receiving deposits upon loan, repayable when and as expressly or impliedly agreed upon, and the utilization of the money so collected by lending it again, in such sums as are required (Guest, Chalmers, 2005, 11). In United Dominions Trust Ltd v Kirkwood [1966] 2 QB 431 at 445ff, Lord Denning stated that, the times have changed drastically, ever since the definition of banking put forward by Issac, and newer instruments of payment are now added and used as acceptable modes of payment. This includes the use of cheques - crossed as well as uncrossed, and hence the same must also be included within the definition of banking (Gillies, 2004, 780). The Privy Council, in Bank of Chettinad Ltd v Colombo v Income Tax Commissioners, Colombo [1948] A.C. 378, accepted the following definition of banking: "a company which carries on as its principal business, the accepting of deposits of money on current account or otherwise, subject to withdrawal by cheque, draft or order (Brindle, Cox and Coleman, 2004, 426). The definition of 'business of banking' discussed so far, are inadequate on two grounds: firstly, there is significant ambiguity over the term "any business" used in the definitions and secondly, not all modes of payments are appropriately covered under the definitions. Thus on account of these two reasons, defining what comprises of 'the business of banking' becomes a daunting task. 2. The two key duties imposed on customers in accordance with MacMillan and Greenwood rule under the Australian law include (Hockin g, Smith, 1999, 156): (i) The duty to exercise adequate care while drawing cheques so as to prevent misleading the bank or to encourage forgery ââ¬â (the MacMillan duty) and (ii) The duty to inform the bank if any cheques allegedly signed by the customers are forged (the Greenwood duty) The first duty was laid down in the London Joint Stock Bank Ltd. v Macmillan case while the second was laid down in the Greenwood v Martins Bank Ltd., case (Kelly & Holmes, 1997,
What is main causes of obesity for teenagers in USA Annotated Bibliography
What is main causes of obesity for teenagers in USA - Annotated Bibliography Example Additionally, the resource is reliable and written by qualified authors who undertook intense research process to compile the facts and figures. Therefore, observing from these established facts, this reference is key to the course of the research paper. This publication identifies with the purpose of the research paper. Boy Scouts of America (BSA) is a publication established from the Boy Scouts of America movement established under the inspiration of the Boy Scout Association. The BSA incorporates boys between ages fourteen to eighteen and institutes several programs for helping and supporting the society in their surroundings. This publication is key to the study into obesity among the teens as it is from teenagersââ¬â¢ organization. Notably, it facilitates a description of the various elements that are causative agents to obesity among the teenagers. The publication therefore features accordingly as a reliable information source for the paper. Additionally, the article reflects accordingly in the intent of the research paper, including discussing the essential points that directly affect the development of the dissertation. Thus, I use this reference from the establishments of the factual information in this research study. Paul Insel is a clinical professor of psychiatry and behavioral sciences at Stanford university school of medicine. Turner and Ross are also established professionals in psychology and behavioral sciences. The American Diabetic Association is key in addressing the challenges influencing the health crisis resulting in obesity. In this publication ââ¬Å"Discovering Nutritionâ⬠, they all bring their established professional finings regarding the subject of obesity. They facilitate studies involving health education and nutrition as they relate. The objectives of the publication relate accordingly to the purpose of the research proposal of understanding the causes of
Wednesday, October 16, 2019
Law Essay Example | Topics and Well Written Essays - 1000 words - 1
Law - Essay Example However it was soon realized that the current definition was not adequate and hence required to be redefined to include a broader perspective. Accordingly various additional set of activities were included to broaden the scope of the term. According to section 11 of the Banking Act, certain activities included in the definition applied only to individuals and / or corporations, and any non-corporation which is not defined under this section, is forbidden to carry out ââ¬Å"any banking businessâ⬠. Similarly under section 8, non-ADI corporations are forbidden from carrying out ââ¬Å"any banking businessâ⬠(Comlaw, 2011). There is an ambiguity over the term ââ¬Å"any banking businessâ⬠. The sections 7 and 8 of the banking act prohibit the execution of 'any banking business' although there is no clear consensus regarding the term. There are serious doubts regarding what can possibly be considered as "any banking business". According to the section 5, banking business in cludes acceptance of funds from the public AND making loans to them, but whether a business which is involved in only accepting deposits but not make any loans, is considered as 'banking business' and vice versa, is questionable (Weaver et al, 2003). In Commissioners of the State Savings Bank of Victoria v Permewan, Wright & Co. Ltd, Issacs J, stated that the "essential characteristics of the business of banking may be described as the collection of money by receiving deposits upon loan, repayable when and as expressly or impliedly agreed upon, and the utilization of the money so collected by lending it again, in such sums as are required (Guest, Chalmers, 2005, 11). In United Dominions Trust Ltd v Kirkwood [1966] 2 QB 431 at 445ff, Lord Denning stated that, the times have changed drastically, ever since the definition of banking put forward by Issac, and newer instruments of payment are now added and used as acceptable modes of payment. This includes the use of cheques - crossed as well as uncrossed, and hence the same must also be included within the definition of banking (Gillies, 2004, 780). The Privy Council, in Bank of Chettinad Ltd v Colombo v Income Tax Commissioners, Colombo [1948] A.C. 378, accepted the following definition of banking: "a company which carries on as its principal business, the accepting of deposits of money on current account or otherwise, subject to withdrawal by cheque, draft or order (Brindle, Cox and Coleman, 2004, 426). The definition of 'business of banking' discussed so far, are inadequate on two grounds: firstly, there is significant ambiguity over the term "any business" used in the definitions and secondly, not all modes of payments are appropriately covered under the definitions. Thus on account of these two reasons, defining what comprises of 'the business of banking' becomes a daunting task. 2. The two key duties imposed on customers in accordance with MacMillan and Greenwood rule under the Australian law include (Hockin g, Smith, 1999, 156): (i) The duty to exercise adequate care while drawing cheques so as to prevent misleading the bank or to encourage forgery ââ¬â (the MacMillan duty) and (ii) The duty to inform the bank if any cheques allegedly signed by the customers are forged (the Greenwood duty) The first duty was laid down in the London Joint Stock Bank Ltd. v Macmillan case while the second was laid down in the Greenwood v Martins Bank Ltd., case (Kelly & Holmes, 1997,
Tuesday, October 15, 2019
Solid and Hazardous Waste Assignment Essay Example | Topics and Well Written Essays - 1500 words
Solid and Hazardous Waste Assignment - Essay Example Agricultural waste comprises mainly slurry and farmyard manure with significant quantities of straw, silage effluent, and vegetable and cereal residues. Most of this is spread on land. Certain types of waste are defined as hazardous because of the inherent characteristics (e.g. toxic, explosive). The three largest waste streams in this category are oils and oily wastes, construction and demolition waste and asbestos, and wastes from organic chemical processes. Non-controlled waste includes waste generated from agriculture, mines and quarries and from dredging operations. In 1998ââ¬â99 over 470 million tons of wastes were generated in the UK. The mean production of daily household and commercial waste in EU Member States in 1993ââ¬â96 was approximately 370 kg/capita/annum, ranging from 350 to 430 kg (Waste Statistics). Most people lack of understanding on ââ¬Å"hazardous wasteâ⬠; it doesnââ¬â¢t always mean that when waste is hazardous it is harmful, though most can be . Hazardous waste defines that a waste has a property which might make it harmful to human health and the environment. Most, but not all, wastes produced by humans can be classified as hazardous. That is why, authorities and government agencies concerning environmental issues are stepping forward to the control and proper disposal of hazardous waste. Domestic wastes that are, may be, hazardous are the following: asbestos, pesticides and garden chemicals and medicine, fluorescent tubes and lamps, oils and oil filters, plastics, paints and coatings, household batteries and car batteries, discarded electrical equipment like TVs and radios, and computers, computer monitors and CRTs, fridges and freezers, discarded energy saving light bulbs (CFLs), Chlorofluorocarbons (CFCs), HCFCs, Cathode ray tubes, and tires and rubber. Environmental impact on the disposal of municipal solid wastes (MSWs) Many options may be taken by management of environmental agencies to dispose hazardous wastes, pa rticularly incineration and landfills. However, several potential health risk
Monday, October 14, 2019
The Patriot Act Essay Example for Free
The Patriot Act Essay After the atrocious terrorist attacks on the United States in September 2001, the Government has focused an overwhelming amount of attention on combating terrorism. On October 26, 2001 the Bush Administration passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, infamously known as Patriot Act. Practically, Patriot Act significantly expands the power of the federal government to investigate, detain, and deport those people who the government suspects are linked to terrorist activity and other crimes. Although the US Congress while enacting this bill thought of the ways to protect America from future terrorist attacks, it failed to balance acceptably the Act with Americansââ¬â¢ civil and constitutional liberties (Strickland, 26). Ironically, the bill created to protect against terrorism extends beyond its limited goal, jeopardizing the civil liberties of Americans more than necessary and creating many opportunities for privacy and freedom violations. History illustrates that, in times of peril, hastily taken measures often weaken governmental restrictions against coercive and intrusive powers and often infringe on civil liberties without substantially enhancing security. Throughout United States history, the country allowed civil liberties to be sacrificed in face of what seemed to be legitimate exigencies of war: the Alien and Sedition Acts, the internment of Japanese-Americans during World War II, the blacklisting of supposed communist sympathizers during the McCarthy era, and the governmentââ¬â¢s surveillance of civil rights leaders in the 1960s (Pike, 20). These abuses should not be forgotten in this war against terrorism, but rather used as a lesson that the risk of governmental abuse is substantial. As Louis D. Brandeis explained, ââ¬Å"experience should teach us to be most on our guard to protect liberty when the governments purposes are beneficent . . . The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understandingâ⬠(Gastil and Sussman, 116). This history of abuse indicates that civil liberty violations will likely be a reality if the governmental actions are not carefully constructed with safeguards. From the critical standpoint, the US Patriot Act evidently lacks these safeguards. According to professor Chimerinsky, ââ¬Å"some loss of freedom may be necessary to ensure security; but not every sacrifice of liberty is warranted . . . The central question must be what rights need to be sacrificed, under what circumstances, and for what gainâ⬠(Congress Hearings, Lexis-Nexis, 2001). From the very beginning, the Act does not define what a ââ¬Å"suspected terroristâ⬠is, or how the government may go about suspecting someone of terrorism. Potentially, this lack of transparency gives the government an opportunity to use the norms of the Act virtually on every American. The US Code of Federal Regulations defines terrorism as ââ¬Å"the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectivesâ⬠(28 C. F. R. Section 0. 85). However, this definition is rarely adhered to in practice. Title 2, section 201 of Patriot Act, entitled ââ¬Å"Authority to Intercept Wire, Oral, and Electronic Communications Relating to Terrorismâ⬠amends Section 2516(1) of title 18, US Code. It allows any criminal violation relating to chemical weapons or terrorism to authorize eavesdropping on the perpetrator. Section 215 also gives the United States government the right to gain ââ¬Å"access to records and other items under the foreign intelligence surveillance act. â⬠This includes everything from dental records to fingerprints and criminal history. Perhaps the most menacing part of the Patriot Act, however, is Title V, entitled ââ¬Å"Removing Obstacles to Investigating Terrorism,â⬠which features sections which allows DNA identification of terrorists and other violent offenders, forces local law enforcement to relinquish control and all data over to federal law enforcement, allows disclosure of educational records, and allows disclosure of information from NCES surveys. Not only these provisions make the Act to be unjust and inappropriate, but they also violate all the norms established by the US Constitution regarding civil rights and liberties. Guaranteeing the security of the United States is the most fundamental governmental objectives and intelligence surveillance plays a critical role in the protection of national security. However, protecting civil liberties is of great importance, and that is why the issue of surveillance went through years of debate. The values of the Constitution of the United States have united the country for more than 200 years. The framers designed the Constitution to protect civil liberties in times of war as well as in times of peace. It necessary to remember that the Constitution was designed at the time when America won the Revolutionary War; the time that was not comfortable or easy, and enemies posed a real threat. However, protecting civil liberties remained a central goal. Similarly, the current threat of terrorism cannot now be used as justification to disregard civil liberties provided by the Constitution. American ideals and values must be respected to maintain the strength of the United States. Commitment to the principles of the Constitution in the face of terrorist atrocities will serve justice and demonstrate the strength of the United States to the world. Even before September 11th, the government acknowledged that terrorists hope to provoke responses that undermine the Constitution of the United States. For instance, a report published before the Patriot Act argued that counterterrorism policies must be effective, but must also respect the democratic traditions (Bernstein, 29). Meanwhile, the Patriot Act could have profound implications on the democracy of the United States. Privacy involves the relationship of the individual to the state, the most fundamental aspect of a government. Since the beginning of the United States, ââ¬Å"Americans have been committed to the idea that people have the right to control how much information about their thoughts, feelings, choices and political beliefs is disclosedâ⬠(France M. et al, 83). Privacy acts as the boundary that provides protection from the outside world and maintains human dignity. Privacy works to shield minorities and outsiders from persecution, something America prides itself in providing. ââ¬Å"By reducing our commitment to privacy, we risk changing what it means to be Americansâ⬠(France M. t al, 84). The analysis of the Actââ¬â¢s sections depicts whole unconstitutional character of this controversial bill. For instance, Section 218 blurs the essential distinction between criminal and intelligence surveillance. It requires only that ââ¬Å"a significant purposeâ⬠of a search or wiretap be ââ¬Å"to obtain foreign intelligence informationâ⬠(Hearings, Lexis-Nexis, 3162/218). The addit ion of the word ââ¬Å"significantâ⬠eliminates the previous FISA civil liberty safeguard that separated criminal surveillance from intelligence surveillance. Now the Patriot Act allows a search to be performed under the previous surveillance guidelines even if the motivation is to get criminal evidence, not foreign intelligence information. In contemporary context, this change allows the FBI to conduct secret searches or to secretly record telephone conversations without probable cause when their primary purpose is to obtain criminal information, not to gather foreign intelligence (ACLU, 2005). As a result, Section 218 threatens the civil liberties of Americans who pose no terrorist threat. Moreover, the Fourth Amendment of the United States Constitution requires the government to prove to a judicial officer that it has probable cause of a crime before it conducts an invasive search to find evidence of that crime (US Constitution, AM IV). Before the enactment of the Patriot Act, if the primary purpose was a criminal investigation, the law enforcement officials had to first prove the higher standard of probable cause. Investigating criminal activity cannot be the primary purpose of surveillance. However, the change made by Section 218 authorizes unconstitutional activity by impinging on the Fourth Amendment protection that requires probable cause. Section 218 now provides law enforcement officials with a tool to avoid probable cause when conducting criminal investigation surveillance. As long as law enforcement officials can find some aspect of the surveillance relating to intelligence gathering, the surveillance is now very likely to be allowed even if the surveillance is primarily conducted for criminal investigation purposes. Form the critical standpoint, the word ââ¬Å"significantâ⬠is not enough of a safeguard to protect the probable cause requirement for criminal investigations. Prior to the Patriot Act, the statutes that governed the use of pen registration and trap and trace devices were structured according to the understanding that the telephone was the predominate method of communication across a distance. To obtain a court order, the law enforcement officer needs to attest that the information to be obtained is ââ¬Å"relevant to an ongoing criminal investigationâ⬠(18 U. S. C. , 3123 (a), 2001). In order to have access to the contents of the telephone communication, the officer had to prove probable cause, that is, that a crime has occurred, is occurring, or will occur (18 U. S. C. S. , 3122, 1993). Therefore, previous policy somehow limited the access law enforcement officials have to obtain call content. Not only has the Patriot Act simplified the procedure of obtaining court orders, it also extends the rights of law enforcement officers to access everything from hard-wire telephones to Internet communications. Now, Section 216 gives law enforcement agents access to ââ¬Å"dialing, addressing, routing or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted,â⬠once they have obtained pen register and trap and trace orders. In addition to the outgoing dialed telephone numbers and the origin of the incoming telephone calls, pen registers and trap and trace orders now give access to much more information contained in an electronic communication: the routing, addressing and signaling information of an electronic communication. Taking into consideration that in the US modern history, the FBI has repeatedly abused its powers, the Patriot Act jeopardizes significantly Americansââ¬â¢ right to privacy as well as other civil liberties. For example, during 1960s the FBI has investigated people because of ethnic background or political viewpoint, both of which unjustly invade the sacred American right of individual privacy. Reasons why the government, blindfolded congressmen and other officials allow the possibility for infamous historical incidents and violations to happen again remain unclear. For now, the only thing which is clear is that my personal privacy as well as privacy of my family and friends is under constant threat. Quite possibly, my email correspondence with my foreign friends or relatives is under careful watch of FBI or other Homeland Security agents. My educational records along with other private information are easily accessible for unclear and non-transparent purposes. And although my correspondence, my online diaries, weblogs, email, etc do not represent any threat for the United States, there is no justification and reasons for why they should be available for surveillance. Finally, the US Patriot Act is apparently neither effective vehicle to protect citizens from terrorism nor it conforms to the Constitution. Practically, it impedes your, my, their civil liberties. The Government should have first determined and analyzed the barriers inhibiting effective use of existing policies that protect against terrorism, and only then utilize such aggressive control over our liberty.
Sunday, October 13, 2019
Globalization And The Impacts Of E Commerce
Globalization And The Impacts Of E Commerce One of the most vital processes of the last several decades has been the emergence and development of the process of globalisation. According to the definition given by Andrew Heywood globalization is the emergence of a complex web of interconnectedness that means our lives are increasingly shaped by the events that occur, and the decisions that are made, at a greater distance from us. The central feature of globalization is therefor the geographical distance is of a declining relevance and the territorial boundaries, such as those between nation states are becoming less significantà [1]à . One of the significant characteristic of globalisation is the Time- space compression. Through the advances in technology, it is easier to communicate and travel internationally and also that the speed at which these things are accomplished has greatly increasedà [2]à . This aspect of globalisation has a wider impact on the global commerce were the advances in technology have led to an integration and interconnectedness of the global economy. The pace at which transactions can take place has led to an increased global focus on the integration of economies and has led to the increased involvement of private business actors in the realm of international finance and international markets. Modern technologies have moreover facilitated a scale and speed of communication that is unprecedentedà [3]à . The UNDP human development reportà [4]à explains that the fusion of computing and communications especially through the internet has broken the bounds of cost, time and distance la unching an era of global information networking. The Internet, digital technologies and the evolution of E-commerce (Electronic Commerce) raised new challenges for the Intellectual property right holders in the digital world. Materials protected by copyright and related rights constitute much of the valuable subject matter of ecommerce. This situation has a wide-ranging impact on the right of copyright holders because they permit new ways of creating, using, and duplicating works of authorship. In the digital world copies can be made cheaply and distributed widely by individuals. The copyright laws that were set to compact with the problems in the physical world had to deal with the issues in the digital world. To achieve the same the copyright laws has to undergo drastic changes. In this context this paper attempts to analyse the evolution of Ecommerce in the background of globalisation and its implications on the Copyright laws. The paper will also focus on the various measures adopted by the national governments to prevent the i nfringement of copyright in the digital world. The paper excludes the disputes related to domain names, Patents and Trademarks. EVOLUTION OF E COMMERCE In the 1990s the information technology led to a new revolution through the commercialization of internet. The limitations of networked systems like the cost structure and that related to geographical limits became irrelevant. Old traditions about the cost structure and geographic limits of networked systems turn out to be irrelevant and it became easy to form a worldwide system quickly and inexpensively. Business people seized this opportunity and responded by creating entirely new types of businesses and fundamentally altering existing businesses. The once limited strategic use of information technology became widespread. Thus new terms were created to label this revolution: electronic commerce (more commonly called ecommerce) and electronic business (eBusiness)à [5]à . In the present scenario we can see the business world is transitioning from a physical reality based on atoms to a digital one of bitsà [6]à .The term commerce is viewed by some as transactions conducted between business partners. Therefore, the term eCommerce seems to be fairly narrow to some people. Thus the term eBusiness refers to a broader definition of eCommerce, not just buying and selling but also servicing customers and collaborating with business partners, and conducting electronic transactions within an organization. Business-to-business eCommerce is the largest gold rush international commerce has seen for decades. It may be the largest ever Bridging the profound gap between the way traditional businesses are run and the way virtual communities will be built.à [7]à The rapid growth of the Internet and associated technologies have created a new business environment and opened up numerous new possibilities for conducting and managing businesses. Terms such as digital economy, eBusiness, and eCommerce are being used to characterize these developments.à [8]à Businesses have become internet worked eBusiness enterprises. The Internet and Internet-like networks inside the enterprise (intranets), between an enterprise and its trading partners (extranets), and other types of networks are now the primary information technology infrastructure of many organizations. The Internet is a network of networks. The internet worked eBusiness enterprise enables managers, business professionals, teams, and workgroups to electronically exchange data and information anywhere in the world with other end users, customers, suppliers, and business partners. Companies and workgroups can thus collaborate more creatively, manage their business operations and resources mo re effectively, and compete successfully in todays fast-changing global economyà [9]à . PRINCIPLES of E COMMERCE Organization of Economic Corporation and Development (OECD) deals with five broad themes for a better understanding of eCommerce.à [10]à 1. Ecommerce transforms the marketplace: ecommerce is changing the way business is conducted. Traditional intermediary functions will be replaced, new products and markets will be developed, and new and far closer relationships will be created between business and consumers. It will change the organization of work: new channels of knowledge diffusion and human interactivity in the workplace will be opened with more flexibility and adaptability will be needed, and workers functions and skills will be redefined. 2. Ecommerce has a catalytic effect: Ecommerce will serve to accelerate and diffuse more widely changes that are already under way in the economy, such as the reform of regulations, the establishment of electronic links between businesses (EDI), the globalization of economic activity, and the demand for higher-skilled workers. Likewise, many sectorial trends already underway, such as e-banking, direct booking of travel, and one-to-one marketing, are accelerated by ecommerce. 3. ECommerce over the Internet vastly increases interactivity in the economy: These linkages now extend down to small businesses and households and reach out to the world at large. Access will shift away from personal computers to cheap and easy-to-use TVs and telephones to devices yet to be invented. People will increasingly have the ability to communicate and transact business anywhere, anytime. This will have a profound impact, not the least of which will be the erosion of economic and geographic boundaries. 4. Openness is an underlying technical and philosophical tenet of the expansion of ecommerce: The widespread adoption of the Internet as a platform for business is due to its non-proprietary standards and open nature as well as to the huge industry that has evolved to support it. The economic power that stems from joining a large network will help to ensure that new standards remain open. More importantly, openness has emerged as a strategy, with many of the most successful eCommerce ventures granting business partner and consumers unparallel access to their inner workings, abases, and personnel. This has led to a shift in the role of consumers, who are increasingly implicated as partners in product design and creation. An expectation of openness is building on the part of consumers/citizens, which will cause transformations, for better (e.g. increased transparency, competition) or for worse (e.g. potential invasion of privacy) in the economy and society. 5. Ecommerce alters the relative importance of time: Many of the routines that help define the look and feel of the economy and society are a function of time: mass production is the fastest way of producing at the lowest cost; ones community tends to be geographically determined because time is a determinant of proximity. Ecommerce is reducing the importance of time by speeding up production cycles, allowing firms to operate in close coordination and enabling consumers to conduct transactions around the clock. As the role of time changes, so will the structure of business and social activities, causing potentially large impacts. In a nutshell the benefits of Ecommerce are, they offer personalization, high quality customer service and improved supply-chain management. This features of ecommerce has led to a wide scope of Intellectual Property transactions, especially the copyright works in the digital world and thus raise the challenges of protection of the same in the digital world. IMPACT of ECOMMERCE on COPYRIGHT Copyright is a legal term describing rights given to creators for their literary and artistic works. The kinds of works covered by copyright include literary works such as novels, poems, plays, reference works, newspapers, and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps, and technical drawingsà [11]à . Copyright motivates the creative activity of authors and thereby provides the public with the products of those creators. By granting authors exclusive rights, the public receives the benefit of literature and music and other creative works that might not otherwise be created or disseminated. Effective copyright protection promotes a new Cyber-marketplace of ideas, expression, and productsà [12]à . The internet has paved the way for new ways of creating, using and duplicating copyrighted works. Internet and other digital technologies raise new issues for copyright law because they permit new ways of creating, using, and duplicating works of authorship. Copies are made cheap and the distributions of the same are done at a greater pace in the digital world. This creates the major challenge in the present scenario for copyright holders. In this context it is worth to discuss the implications of globalisation of information and its impact on intellectual property laws. The growth of digital information in the background of globalisation has a wider impact on the domestic and international intellectual property regimes. This has led to the standardization of Intellectual Property laws and demand for greater protection. The literature of recent years advocates that these effects on Intellectual Property have positive impact on the intellectual property producing nations and transnational corporations. Another argument put forth in this context is that the sovereignty of the state is compromised to strong and powerful private entities .It is possible that the prevalence of such writings in the literature is a response to the movement toward harmonization and stronger intellectual property protections and an attempt to ensure that some of the less heard voices are expressed.à [13]à Globalization of intellectual prope rty laws is leading to an erosion of state sovereignty or, at least, profound transformations in our notions of sovereigntyà [14]à The Internet poses a threat to copyright laws, especially in the areas of illegal music copying and distribution. The Internet is made up of millions of sites with millions of users potentially viewing those sites daily. It is very easy for users to download information from other peoples sites and in many cases this activity is not easily monitored. A user with a personal web page may also upload files to the server where the page is located and then allow other users to copy that file, regardless of the fact that it may be copyrighted.à [15]à The international character of E commerce raises questions about the nature of traditional legal systems in general, and intellectual property law in particular. They are based on notions of sovereignty and territoriality. The Internet, in contrast, like the movement of weather within the global climate, largely ignores distinctions based on territorial borders. Instead, infrastructure, code and language have thus far had a greater bearing on the reach of its currentsà [16]à . For example, the most fundamental issue raised for the fields of copyright is the determination of the scope of protection in the digital environment involving how rights are defined, and what exceptions and limitations are permitted. Other important issues include how rights are enforced and administered in this environment; who in the chain of dissemination of infringing material can be held legally responsible for the infringement; and questions of jurisdiction and applicable law. The Internet is multi-jurisdictional. Users can access the Internet from almost any place on earth. The unique feature of digitized information is that they travel through various countries and jurisdictions before reaching its final destination. The major legal issue arise in this context is the problem of jurisdiction to adjudicate a dispute at a particular location. Secondly there arises the question of law that can be made available to the disputes and finally the recognition and enforcement of judgements in courts in foreign jurisdictions. The economic pressures and the growing international significance of copyright have led to new laws. These new laws are overwhelmingly in furtherance of expanding protection, easier protection, and longer protection.à [17]à There is no standard international copyright law, but an international system exists were a set of norms based on national laws. There exist two different traditions with regard to copyrighted works such as common law and the civil law. Public benefit is the principal focus of copyright systems for which the countries the countries that followed common law tradition. In the civil law tradition copyright works are treated as an authors natural human rights, or part of ones right of personality. Thus, under this system, the protection of an authors moral rights is as essential as the corresponding protection of his/her economic rights. The concept of copyright itself witnessed a drastic change along with the development of technology. In the age of printing press copyright was a restriction on the publishers and authors rather than on the readers. Now in the present context the age of the printing press is coming to an end and the age of the computer networks has taken the way. The computer networks and the transactions in the digital world are now taking us back to a scenario that existed at the age of printing press were anybody who can read can also make a copy of his own. This has directed to a different situation were the there is a drastic change in the working of the copyright laws; Copyright law is now no longer an industrial regulation rather it is a draconian restriction on the general public. Earlier the copyright laws were used to restrict the publishers and to protect the authors now in the present scenario copyright laws are used to restrict the public for the sake of publishers. In the present scenario the publishers are vigilant in protecting their copyright and they wish to increase copyright powers to the maximum extent point where they have complete control over the information. The publishers in fact started compelling the national governments for more copyright powers. These situations led to creation of stringent laws were more powers were given to the publishers and freedoms of the public are being taken away to a large extent. The Passing of Digital Millennium Copyright Act by the US can be cited in this context. Similar laws were passed in Australia and European countries as well. In order to prevent the infringement of copyright in the digital world various methods have been adopted. Firstly harsh punishments are inflicted on copyright violators. The word pirate was earlier used to refer the publishers who failed to pay the authors, but in the present scenario it is used to refer the public who escapes from the control of the publisher. In the globalised era of information it is observed that the publishers are compelling the governments to amend the copyright laws to give themselves more power. The publishers are purchasing the laws to empower themselves. Secondly the publishers are also trying to extend the duration of copyright. So the publishers are purchasing laws to give themselves more power. In addition, theyre also extending the duration of the copyright. This can be assumed from the speech delivered by Richard Stallman were he points out The U.S. Constitution says that copyright must last for a limited time, but the publishers want copyright to last forever. However, getting a constitutional amendment would be rather difficult, so they found an easier way that achieves the same result. Every 20 years they retroactively extend copyright by 20 years. So the result is, at any given time, copyright nominally lasts for a certain period and any given copyright will nominally expire someday. But that expiration will never be reached because every copyright will be extended by 20 years every 20 years; thus no work will ever go into the public domain again. This has been called perpetual copyright on the instalment plan.à [18]à The law which was passed in US in the year 1998 that extended the copyright protection for twenty more years was called the Mickey Mouse Copyright Extension Act. One of the main champions of this law was Disney. The copyright of Disney was about to fall in the public domain by the year 2003 and to extend the duration of their copyright they compelled the US government to amend the copyright law. Similar instances can be pointed out from various national copyright legislations across the world. CONCLUSION In the current environment it is seen that globalisation is carried out by a number of policies that are done in the name of economic efficiency or free trade treaties. These treaties are drafted in such a way to empower the Business corporates over laws and policies. Theyre not really about free trade. These treaties transfer power to business corporates and the national governments find themselves in a situation were they cant protect the interest of their own citizens. In the present scenario it is the foreign companies having more power than citizens of the country. The copyright treaties that were designed in the in the 90s begin to impose copyright throughout the world in more powerful and restrictive way. The distinctive features of these treaties were they are controlled by corporate giants. It is an accepted reality that strong Copyright protection hinders the development of a country. When the US was a developing country, The US failed to recognize foreign copyrights because they were well aware of the fact that it can be an obstacle in their development, but in the present scenario the developing countries are compelled to amend their copyright laws for empowering the publishers of developed nations and to protect their copyright in the digital world. The US threatens the developing nations to go against their own interest. In the present scenario it is seen that the existing legal regime for protecting the copyright in the era of digitisation doesnt serve the interest of the public. Developing countries like India are also vigilant in protecting the copyright especially in the felid of softwares. In the recent years, the Indian court shows growing concern and willingness to enforce intellectual property rights. In the 21st century, intellectual property plays an ever more important role on the international stage. The evolution of ecommerce in the context of globalisation had a widespread impact on the Intellectual Property copyrights. There are further digital copyright issues yet to be successfully addressed in the world of ecommerce.
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