Netflix Business Plan Essay

Founded in 1997, Netflix is the world’s leading Internet subscription service for enjoying movies and TV shows. Globally, the company has over 23 million streaming members. Netflix is in the Video Entertainment Industry. Some of the many streaming devices include: the Xbox 360, Wii, PS3, iPad, and iPod, to name a few. In all, there are more than 700 devices that are available for streaming from Netflix. Corporate Headquarters is located on 100 Winchester Circle, Los Gatos, CA 95032. The company has over 900 employees at the corporate headquarters. Netflix, Inc. trades under the NFLX symbol on the Nasdaq stock exchange. Netflix’s vision for the future is to become the best global entertainment distribution service, license entertainment content around the world, create markets that are accessible to film makers, and help content creators around the world to find a global audience. Management Team Netflix senior management team includes eight key players. Reed Hastings the Co-Founder and CEO, Neil Hunt the Chief Product Officer, David Hyman the General Counsel, Jessie Becker the Interim Chief Marketing Officer, Patty McCord the Chief Talent Officer, Ted Sarandos the Chief Content Officer, David Wells the Chief Financial Officer, and Jonathan Friedland the Chief Communications Officer. Most of Netflix’s management team share many roles. Reed Hastings, along with being the CEO of the company, he is also a member of the board of directors of Microsoft and of Facebook. Reed is also an active educational philanthropist and served as President of the California State Board of Education from 2000 to 2004. He received a BA from Bowdoin College in 1983 and an MSCS in Artificial Intelligence from Stanford University in 1988. Neil Hunt leads the product team, which designs, builds, and optimizes the Netflix experience. Neil holds a Doctorate in Computer Science from the University of Aberdeen, U. K. and a Bachelor’s degree from the University of Durham, U. K.  Patty McCord and her team maintains the unique culture at Netflix, hire new talent, and keep the organization lean and flexible despite its growth. David Wells currently took over the position of Chief Financial Officer after he spent seven years at Netflix in a variety of strategic planning and analysis roles. He earned his Master’s degree from the University of Chicago’s Booth School of Business and Harris School of Public Policy and a Bachelor’s degree in Accounting and Finance from the University of Virginia. Each member has a specific role that helps the company to continue to grow and the help the overall organization to succeed. The Business Netflix has revolutionized the way people watch TV shows and movies. Online streaming in the Video entertainment industry is rapidly growing and in order for Netflix to sustain competitive advantage Netflix continuously tries to improve what they have to offer. The core strategy at Netflix is to grow their streaming business domestically and globally as Mail-in DVD dies down. How the company achieves the strategic plan is setting a goal that is correlated with their strategy. The goal of Netflix is to maintain customer’s satisfaction while staying in the scope of the business parameters. Netflix tries to achieve its goal by continuously improving the customer experience, focusing on expanding their content, enhancing their user interface and extending out streaming service to even more Internet-connected devices. Being in the scope of business parameters to Netflix is to consolidate net income and operating segment contribution profit target. There are two main critical success factors that Netflix has achieved. The first is pioneering online streaming since 2007. Netflix was really the first company to successfully introduce online streaming to the video industry, which has transitioned the whole entire video entertainment industry. The second critical success factor is Netflix team of experts being able to enhance customer experience by offering customized recommendations based on what the consumer has watched. With critical success factors comes past achievements. Some of the major past achievements that Netflix has noted is the successful launch of the company going IPO in 2002. The initial public offering of 5,500,000 shares at $15. 00 per share on the Nasdaq. Secondly, not only was it a critical success but a major achievement to the company. In 2007 Netflix introduces streaming, which allowed members to instantly watch TV shows movies on their personal computers and since that time Netflix has been the leading company in doing so. However, with achievement comes a challenge the company has faced. The major challenge that Netflix has faced is the company rebranding attempt. Back in July 2011 Netflix announced that Netflix was dividing their services to two separate brands. The online streaming was going to remain Netflix and the Mail-in DVD was called Quixter. This would in turn increase member’s subscription. After the initial launch many customer where dissatisfied of Netflix choice and ultimately subscribers cancelled their subscription. As a result. Netflix is having a hard time gaining those customers back as well as gaining new subscribers. Another challenge that Netflix has is establishing an international presents. Back in 2010 Netflix initiated its international segment by starting to the north of United States, in Canada. Then in 2011 Netflix launched in Latin American and the Caribbean. At this point Netflix had a huge contribution margin loss of 103. million dollars. Then in the beginning of 2012 Netflix launched in the UK and Ireland, with even more of a contribution loss. Netflix is focusing on two major aspects of the business the first is to try to gain the subscriber’s hey have lost and to bring in new one by heavily marketing what the business has to offer. The second focus is that Netflix has also realized that they have not established a strong international presence and as a result the company has frozen future international launches until the given goal that was set out is achieved. Upon analyzing Netflix in the Online streaming industry there are many strengths that Netflix has. One is that Netflix revolutionized the industry by Differentiation. It is key to this industry being able to distinguish the company from its competitors. Secondly, Netflix is known for their recommendation system. This is more of their Niche strategy. They saw that now companies were doing this and from their research and development team they found that there was a market for this. However there are prevalent weaknesses that Netflix has such as: Customer loyalty, Market Vulnerability and relying heavily on one person set of skills. There are many competitions and many of Netflix customers are also customers at other online streaming websites. Secondly Netflix has not been around as long as Blockbuster and does not have the brand recognition that Blockbuster has. The online streaming industry has market vulnerability. The online streaming industry is rapidly changing, and Netflix solely depends on the partnerships and licensing they form. If contracts are not renewed that could adversely affect the business. Secondly, there are tons of competitors in the industry and Netflix may not be able to hold their subscribers. Netflix to maintain a competitive advantage Netflix must continue to build and maintain brand identity, increase customer loyalty by sustaining customer satisfaction. Product and Services The product that Netflix offers is a one month trial membership. The perks of having a Netflix subscription is there is no annual fee a year and you do not have to subscribe to it for one a whole year. It is a month-to-month subscription there is no cancellation fees. Initially Netflix had list of different subscription offers, currently when you sign up Netflix offers one main subscription offer that is 7. 9 a month for unlimited streaming of movies and TV shows then for an additional $7. 99 per month you can add the DVD by mail feature. Netflix is distributed two different ways online streaming and Mail-in DVD. The online streaming is via internet, smart devices, tablets or gaming consoles such as: internet TV’s, iPad, Android, PS3, Wii, and the Xbox 360. Currently, Netflix can be streamed from more than 700 devices. Industry Analysis The market value of the Video entertainment industry is at about 53 billion dollars and the competition is intense. The industry is rapidly changing due to the exponential growth of online streaming. The technical advances is a corporate to the exponential growth The technological advancements provides internet access virtually anywhere, the video process gets faster it seems like every couple month. With all the technical advances the online streaming business is more accessible and convenient to consumers. The size of the industry is rather large. it is about $56 billion dollars. This has a promising forecast for more profit. As you can see there is a lot of potential growth in the Video Entertainment industry. The Video Entertainment industry as a whole is in the early stages of the Mature Stage; however the online streaming sub-component is in the growth stage of the lifecycle and according to the Netflix financial statement the Barriers to entry is rather low. Competitors can launch a new business in the industry at a relatively low cost. The government regulations on the video entertainment industry are rather relaxed so that there are major risk involved such as Piracy and cyber security. Piracy is a major issue in this industry and although it is still a big problem. The United States has shut down one of the biggest piracy website: Megavideo. Which arguably has cost copyright owners 500 million dollars in lost revenue Cyber security is an issue because the internet can be a vulnerable place and as the technology gets more advanced the hackers get smarter. Cyber security remains an issue that U. S government is trying to minimize. Lastly, If the government were to heavily regulate the industry then copyright laws can change adversely affecting the industry. For example, Netflix like many business in the industry rely on the copyright, licensing and partnerships that they obtain if the U. S copyright laws changed then this can adversely affect the industry. The first sale doctrine provides individuals who knowingly purchase a copyrighted work from the copyright holder receives the right to sell, displays, or otherwise disposed of that particular copy, notwithstanding the interest of the copyright owner. The first sale doctrine plays a vital role in the United States copyright law. So the morale of the story is the government needs to find a happy medium where the industry is being a little more regulated than it is now to reduce piracy and cyber insecurity however, still allows business to obtain copyrights. Other factors that affect the industry or globalization and the political and social factors. Globalization has affected this industry. Many of the pirated movies that are available come from China and India. Secondly, for international segment the Political and Economic factors differs from United States. Failure to manage any of the risk associated with those factors could harm the overall business. Market Analysis We have determined that the industry is divided into two types of customers; the picky customers and the convenience customers. The picky customers are the ones who are looking for a specific movie or genre and are willing to wait a few days to get what they want. They also enjoy a rich movie watching experience and are unwilling to substitute for a different movie. The picky customer tends to be the older generation due to the time spent on choosing a movie. On the other hand, the convenience customers are those who want immediate access to a wide range of movies. They also want to be able to watch movies on multiple platforms such as on their phone, PS3, or their iPad. Since they use a lot online streaming to most of their movie watching, they are willing to substitute if the video they want is not available. The convenience customer is more tech-savvy which tends to be the younger generation. The trends that have been happening in the industry focus mainly on three aspects, convenience, cost and selection. Consumers want to be able to have a wide range of videos to choose from which are easy to obtain, at a low cost.

Case Analysis About E Commerce Law

I. Introduction: In this age of mobile phone shopping, online bookings, web based promotions and social networking, legitimate business transactions and permit applications can now be served via the internet. As early as June, 2000, the Philippine government through the Senate and the House of Representatives approved the E-Commerce Law in recognition of the vital role of information and communications technology (ICT) in nation-building. Known as the â€Å"Electronic Commerce Act of 2000† or House Bill No. 971, the act was passed because of the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services that provides for the recognition and use of electronic transaction and documents in the country. The bill likewise recognizes the responsibility of the private sector in contributing investments and services in telecommunications and information technology as well as the need to devel op appropriate training programs and institutional policy changes.The House Bill also took cognizance of the human resources involved in the use of ICT, the population capable of operating and utilizing electronic appliances and computers and its obligation to facilitate the transfer and promotion of adaptation of these technologies. But, in order to ensure network security, connectivity and neutrality of technology for the national benefit, information infrastructures comprised of telecommunication networks and information services shall be organized and deployed.E-commerce is a system that includes not only those transactions that center on buying and selling of goods and services to directly generate revenue, but also those transactions that support revenue generation, such as generating demand for those goods and services, offering sales support and customer service, or facilitating communications between business partners. II. Reaction and Analysis of every provision: Declarati on of Policy Section 1 : Short title It names the title of the act which is known as the â€Å"Electronic Commerce Act of 2000†Section 2:   Ã‚  Declaration of Policy. Reaction and Analysis: This provisions explains the content of the policy, which creates an environment friendly to promote the ICT products and services in an affordable way so that it can develop the training programs, policy of institutions, human resources, the labor force, the operations of electronic appliances especially the computer system. It promotes also the technology so that the network security and the connections of technology in the country will be safeguard or protected.It gives benefits to the nation in terms of organizing the arrangement of the country’s information infrastructures and the understanding between communication networks and information services which connects to the global network in a legal act on its systems and facilities. In my opinion the declaration of the policy h as an advantage in our country because it makes the business industry with the use of ICT be a good transactions in global markets that helps our assets and profits increase, that’s a help for our country’s budget.Declaration of Principles for Electronic Commerce Promotion Section 3. Objective Reaction and Analysis: In this provision, It discusses the principles of the E commerce promotion which indicates the role of the government, every government official must be fair in giving shares and allowance in the lack of human resources and secure the common good, their settlements and goals should be done in the future and provide the necessities. The action of the private sector and in making the policy should be compromised.As the role of the private sector, the E commerce development must be widened in market forces and they must pursue a fair competitive market. The International coordination and harmonization will make the government policies that affect the e commerc e to be facilitated in a unified environment for good standards. In Neutral Tax Treatment, it will conduct the transactions in the use of e commerce that must take an unbiased or fair tax treatment in comparing transactions in non-electronic and taxation of e commerce and that must be guided in a least difficult manner.In the protection of the users, they must have privacy or not be exposed with regards to industry led solutions, it shall be agreed with the law that business must be available to the consumers and the business users must not have a disclosure to the public and environment. E commerce awareness points to the government and the private sector, they will inform the society about the ability of the e commerce and the impact of it in economic foundations. The government will provide opportunities to SMES, well it will provide investments in information technologies and encourage capitals for them.The government will also provide skills development for the employees genera ted with e commerce but they should still promote non or formal skills development programs. They will also provide online database for health services, public libraries, in this case I think it will be easier for us to find our needed information. Internet users will have an essential voice in the governance of the domain name system as well as the access to public domain information.All of the principles is informative and useful in a way that our country will have an easier work and life because of technology and a good contribution to our economy. Chapter III – Objective and Sphere of Application Section 3: Objective Reaction and Analysis: In this provision, it discusses the main goal of the law, which pursues a domestic and international dealings and agreements with the storage of information through the use of electronic technology so that the electronic documents of activities will be authenticated.The act also promotes the usage of electronic transactions in governmen t and public to worldwide. Despite these aims and objectives, many are still skeptical on the methods provided under the law to ensure the integrity and security of these electronic transactions. Most of them question the admissibility and weight given to electronic evidence, its authenticity and integrity as well as the manner used to verify the same, and the impact of its legal recognition on the Philippine legal system. Section 4. Sphere of ApplicationIn this section, this act must apply to any kind of electronic data message and document that is utilized in the occurrence of commercial and non commercial activities like what the section 4 stated, which are to include domestic and international transactions. In this section, it tells that the objective of the law must have a good practice and it should be used not only stating these aims but should become true. PART II ELECTRONIC COMMERCE IN GENERAL Chapter I – General Provisions Section 5: Definition of TermsIn these prov ision, it discusses the definitions of terms. The Addressee is a person who is intended by the originator to receive the electronic data message or electronic document, but does not include a person acting as an intermediary with respect to that electronic data message or electronic document. Commercial Activities must be given a wide interpretation so that it will cover the matters from the relationships of a commercial either contractual or not. It refers to the dealings with the rights of intellectual property.It also discussed the definition of computer where in it’s the main source of e commerce activities that provide connecting transactions and databases. I also learned about the convergence where in it is the ability of different network platforms to carry any kind of service; and the coming together of consumer devices. The Electronic data message explained that it is also an interchange with electronic document where in there are information stored by means of elect ronic. The ICT, it a system that is used for processing electronic documents as well as recording the data.Electronic signature refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document. Electronic key refers to a secret code, which secures and defends sensitive information that crosses over public channels into a form decipherable only by itself or with a matching electronic key.This term shall include, but not be limited to, keys produced by single key cryptosystems, public key cryptosystems or any other similar method or process, which may hereafter, be developed. Intermediary refers to a person who in behalf of another person and with respect to a particular electronic data message or electronic document sends, receives and/or stores or provides other services in respect of that electronic data message or electronic document. Non-Commercial Activities are those not falling under commercial activities.Originator refers to a person by whom, or on whose behalf, the electronic data message or electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document. Person means any natural or juridical person including, but not limited to, an individual, corporation, partnership, joint venture, unincorporated association, trust or other juridical entity, or any governmental authority.Service provider refers to a provider of online services or network access. With help of definitions and terms, it is easier to understand what is e commerce all about and what are the relations of t hese terms to this law, because the law always pertains to electronic people, activities so by this explanation, we will be clarified with the content of the law. Chapter II – Legal Recognition of Electronic Data Messages Legal Recognition of Electronic Data Messages and Electronic Documents Section 6: Legal Recognition of Data Messages Reaction and Analysis:In this provision, it says that every information in the form of electronic data message or document must be approved always in a legal purpose. It says that the person should provide a written information to another person in conversion to electronic data message or document. The non electronic form of data must meet the requirements of the provision of the information and must be the same as the form of electronic data message or document. The operation of the requirement of the law has no limit for the information to be displayed with time or location until a functional equivalent will be implemented.The functional equ ivalent, says that electronic documents can never be the same as paper type, they still have difference. But electronic documents can do the purpose of paper type of documents like for example as a record or database of information from the paper. So I think the electronic data message can hold the paper based document by the person who write, and its still different from each other because the original form of the information is in written form while the electronic data message are in computerized type.Sec 7 Legal Recognition of Electronic Documents Reaction and Analysis: In this provision, it discusses the electronic signatures that are now recognized to be equivalent to the signature of a person on a paper based document, it explains the procedures provided on it like a method used to indicate the party to enter to the electronic document that is needed for his approval through the electronic signature. It is appropriate for its purpose for the electronic document where in it was generated with any agreement.With this situation, It is needed to the said party so that it will go to the transaction with electronic signature while the other party will have an access to verify it and for them to decide to go again with the flow of transaction valid by the same process. Well this serves a good transactions of contracts with use of electronic signatures from person to another person. Sec. 8. Legal Recognition of Electronic SignaturesThis provision examined some important legal issues associated with electronic signatures. I think the government should come out with some legislation. There should be some kind of legislation that should be out in our country that says that electronic signatures are an acceptable form and can legally replace paper-based forms of signature. Then only we businesses may be thinking of using it. Sec 9 Presumption Relating to Electronic SignaturesIn this provision, it explains the electronic signature correlations, it means that this was connected by the person with the intention of signing in the approval of the electronic document but the person depending on the electronic documents finds or notices a defects wich the signature has no dependency will not be affixed. This means that when Person A’s signature is attached to a document, one may presume that it is A’s signature and that he was the one who signed it with the intention of signing or approving the same.I think this is right so as they can easily detect a person’s signature electronically. Section 10 Original Documents It explains that the law requires information to be maintained in its original form, the integrity of the electronic document from the time it was created in its final form is shown by aliunde which means it is an evidence clarifying a document but not deriving from the document itself, otherwise the information is has the ability to be displayed to the person whom it is to be presented. This means that it applies whet her the requirement is in he form of an obligation or the law simply provides consequences for the information not being presented or maintained in its original form. This provision of law will be a great help to those who go to court presenting electronic evidence. While the old prototype could only conceive of original document as being generally single, this covers the way for the existence of many originals as long as the provision’s criteria of integrity and reliability are met. Section 11: Authentication of Electronic Data Messages and Electronic DocumentsThis section explains that the electronic signatures must be validated by proof than a letter associated with an electronic data message or document in a security procedure. And it can detect errors or alteration of communication, The supreme court may adopt such authentication procedures, including the use of electronic notarization systems as needs, as well as the certificate of authentication on printed or hard copi es of the electronic documents or electronic data messages by electronic notaries, service providers and other certification authorities. It provides the rules on evidence.Prone to the different characters of electronic data messages vis-a-vis paper or other objects, authentication procedures will have to be different too. This law requires for electronic data messages to be authenticated by validating a claimed identity of a user, device, or information system. Electronic signatures are to be authenticated by proof that a symbol or character representing the person named t attached to or that an appropriate technology or security was used with the intention of authenticating or approving the electronic document. Section 12.Admissibility and Evidential Weight of Electronic Data Message or electronic document. In this section, it serves as a guide to a data message is allowed in evidence and to how much weight is to be given them . It says that there’s no rule shall render the data message that is not allowed on the sole ground that it is in electronic form or on the ground that it is not in the standard written form. Evidential weight is to be given such electronic document after assessing the reliability of the manner in which the originator was identified, and other relevant factors have been given due regard.Section 13,  Retention of Electronic Data Message or Electronic Document. In this provision, it explains that electronic data message or original form must remain usable for reference and it will maintain the format when it was sent or received, It makes us identify the originator, the addressee which was explained in section 6, it also indicates the time and date of the electronic data message. The person required to maintain the forms can do it in a different way by using the services of a third party. Like for example, the BIR, demands the retention of receipts for at least three years, so that they can audit it.The effect is that this can r elieve business corporations from having to keep the required documents in paper form. It would be a good way to access the receipts and easier to find. Section 14. Proof by Affidavit, This provision also matters in section 12 and 9, it will take for granted to establish by an affidavit given to the deponent. So that it would inform the deponent about the rights of parties. This is useful as the requirements may prove to be more demanding and set in one’s way. Section 15. Cross – Examination.In this section it discusses that in any statement contained in affidavits and shown in courts, are subject to the right of the person against whom the affidavit is executed so that it can test the accuracy and truth of the affidavit by cross-examination, which means the interrogation of a witness called by one's opponent. As I understand,the process of cross-examination is presumed to be necessary because most witnesses come forward to support one side or the other. In the case of the defense, a witness might omit certain information which the prosecution might find interesting or relevant.A prosecution witness might, likewise, omit information. Cross-examination ensures that the trial is fair, and that all information is truly out on the table. CHAPTER III. COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS Section 16. Formation of Validity of Electronic Contracts. In this provision it says that a contract is a meeting of the minds and generally could take whatever shape or form, many of them are still afraid of that contracts entered into electronically may encounter some problems.Many transactions and other forms of trade are now conducted electronically. For example, most people will at least be familiar with, if not frequent users of, ATMs situated outside or inside banks. When a bank’s customer withdraws money or uses an ATM for other purposes, an electronic transaction takes place. More and more business is now done electronicall y, often with the parties never physically meeting each other. Online shops, for example, allow potential customers to browse, select and purchase goods without ever asking a salesperson for advice or assistance.Negotiations, giving quotes or submitting tenders for work may all be done electronically and indeed are. A great deal of information is now passed electronically within organizations and from one organization to another. This all raises a number of legal questions, specifically with regard to electronic contracts. Some of the most important issues include whether an electronic contract is valid, that is, whether it must comply with certain formalities, whether electronic signatures are admissible as evidence of intent and agreement, and what law applies to an electronic contract.Section 17. Recognition by Parties of Electronic Data Message or Electronic document. In this provision, it says that the originator and the addressee of an electronic data message or electronic doc ument, a declaration of will or other statement must not be denied legally, validity or enforceability solely on the ground that it is in the form of an electronic data message or electronic document. Section 18. Attribution of Electronic Data Message.This section says that of the originator if the originator him/herself sent it and it was sent by an information system programmed by or on behalf of the originator to operate automatically. The addressee is used to pertain an electronic data message or electronic document as well as the originator. The addressee must apply a procedure which the originator approved and as the addressee receives the electronic message which results from the action of a person, it will enable to access a method to identify electronic message or document on his own way.An electronic message is deemed to be sent by the originator of the message if it is sent by a person who has the authority to act on behalf of the originator in respect of that message or if the message is sent by an information processing system programmed by, or on behalf of the originator to operate automatically. The notion that one has to physically put pen to paper to sign a contract is now a thing of the past.A person who receives an electronic message is entitled to regard the message as being that of the originator except in instances where he has received notice from the originator that the message was not sent by him or the addressee knew or should have known that the message was not sent by the originator had he exercised reasonable care. Originator doesn’t include Intermediary. For example, Person A uses his yahoo account to send an email message to person B which is the addressee. Here, Person A is the originator & Yahoo is the intermediary. Person A is on vacation.During vacation he has turned his vacation responder on with the following message:â€Å"Thank you for your email. I am on vacation, will reply your mail as soon I get back†. He re, though person A has programmed an information system to operate automatically on his behalf. Still Person A is the â€Å"originator† in this case. Section 19. Error on Electronic Data Message or Electronic Document. In this provision, it explains that the transmission of electronic data message between the addressee and the originator that resulted in error, it will enter to the designated information system or which is not designated by the addressee for the purposes.Section 20. Agreement on Acknowledgement of Receipt of Electronic Data Message or Electronic Document. In this provision the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, in any communication by the addressee will be automated or otherwise any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. The originator has not agreed with the addre ssee that the acknowledgement be iven in particular method, an acknowledgement may be given by or through any communication by the addressee, automated or otherwise, or any conduct of the addressee, sufficient to indicate to the originator that the electronic data message or electronic document has been received. The originator has stated that the effect or significance of the electronic data message e or electronic document is conditional on receipt of the acknowledgement thereof, the electronic data message or electronic document is treated as though it has never been sent, until the acknowledgement is received.What exactly did the originator of the message intend to send? Under the Act, there is a presumption that the electronic message is what the originator intended to send, and the addressee can act on that presumption unless the originator can show that the addressee knew or should have known that the electronic message received was an error. Therefore parties to a commercial transaction have to take precautions to ensure that any messages to be sent contains accurate information and are indeed intended for the recipient.For example, Person A sends an email to Person B asking her that he would like to purchase a car and would like to know the prices of the cars available for sale. Person B in return sends person A catalogue of prices of the cars available for sale. Now this action of Person B is sufficient to indicate to person A (the originator) that his email (i. e. the electronic record) has been received by the addressee. Section 21.Time of Dispatch of Electronic Data Messages or Electronic Documents. In this provision, with regards to the issue of time of dispatch, an electronic message is deemed by the Act to be sent when it enters an information processing system outside the control of the originator. Therefore it would appear that the time of dispatch will be when a person clicks the ‘Send’ button when e-mailing or the ‘Buy/Pu rchase’ button on an online store.An electronic message is deemed to be received when the message enters the designated information system (where there is a designated system), for instance, when a message enters the inbox folder of an e-mail account, or where there is no designated system, when the addressee comes to know about the message. Where the parties agree or the originator requests that receipt of the electronic message is acknowledged, that message will be treated as though it has never been sent until the acknowledgment is received.If the method of acknowledgment has not been agreed by the parties, any acknowledgment (automated or otherwise) or any conduct of the addressee which is enough to communicate receipt, will suffice as acknowledgment. Example of this: Person A composes a message for person B. At exactly 12. 00 noon she presses the â€Å"Send† button. When she does that the message leaves her computer and begins its journey across the Internet. It i s now no longer in Person A’s control. The time of dispatch of this message will be 12. 00 noon. Section 22. Time of Receipt of Electronic Data Messages or Electronic Documents.This provision explains that the time of receipt of an electronic communication is the time when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee. The time of receipt of an electronic communication at another electronic address of the addressee is the time when it becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address. An electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the addressee’s electronic address.Section 23. Place of Dispatch and Receipt of Electronic Data Messages or Electronic Documents. – How does one determine the location of dispatch and receipt of electroni c messages? The Act deems an electronic message to be sent from the originator’s place of business and received at the addressee’s place of business. If there is more than one place of business, it will be considered sent from the place of business that has the closest relationship with the transaction or in the absence of that, from the principal place of business.In circumstances where the originator or addressee has no place of business, it will be deemed sent or received, as the case may be, at the originator’s or addressee’s ordinary place of residence. Example of this is: person A has entered into contract with a US based company. Company has its server in Brazil. Even if the company has its mail server located physically in Brazil, the place of receipt of the order would be the company’s office in USA. Section 24. Choice of Security Methods. This provisions explains the choice of type or level of security for their own purposes is recognized in this section .But still, this is prior to rules and guidelines which government can declare in terms of e- commerce transaction security. In my opinion, security is perhaps one of the greatest concerns of the millions of users that routinely exchange data over the Web or store information in computers which may be accessed by unauthorized parties. The government should protect the confidentiality and integrity of data being transferred or stored, they need to develop a new standard which defines authenticated encryption mechanisms that provide an optimum level of security.PART III ELECTRONIC COMMERCE IN CARRIAGE OF GOODS Section 25. Actions Related to Contracts of Carriage of Goods. This provision explains that the law is designed to apply to actions on contracts related to carriage of goods. What is figured is that airway bills, bills of lading, receipts, sales, transfers of ownership, and other documents or papers related to carriage of goods by land, sea, or air may now be do ne electronically. For example, buying online gadgets through the net, it is by shipping procedures.Section 26. Transport Documents. In this provision, It follows therefore that electronic documents facilitated and transacted though online basis are as important and valid as that of actual use of paper documents. This is according to SEC. 26 under Transport Documents where the law requires that any action referred to contract of carriage of goods be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages or electronic documents.In almost all electronic transactions, online orders are subject to a verification procedure conducted by the store for their protection as well as customers from credit card fraud or identity theft. This is a normal procedure to verify that the card owner or that order and that ship-to information are legitimate. This process rarely delays an order, and generally requires ei ther a simple call-back which can be done through phone calls or by fax messages. The B store for example stresses the importance of knowing what â€Å"bill-to nformation† on the checkout process means. The bill-to address is the address to which your bank mails your monthly credit card statement. The bill-to address you give the store must agree with the address that the card issuing bank has on file. Then, be sure to provide the correct information, even if the items are to be shipped to a different location. PART IV ELECTRONIC TRANSACTIONS IN GOVERNMENT Section 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signature.In this provision, it says that the government must accept retentions and creations of electronic data messages or document like issues in permits, licenses and its approval form and issure receipts in the form of electronic. As well as the government business transactions and it is authorized to adopt rules and regulations in the form of electronic documents. In a short explanation all documents that they will create should be in the form of electronic documents or data messages and authorized by electronic signatures as well. Section 28.RPWEB Promote the Use of Electronic Documents or Electronic Data Messages in Government and to the General Public. In this provision, it explains that RPWEB’s role in the use of electronic documents or data messages. They must be the initial platform of the GII which stands for government information infrastracture to control the electronic online transmission and conveyance of government services to improve better technologies or kinds and electronic online wide area networks utilizing, but not limited to, fiber optic, satellite, wireless and other broadband telecommunications.To sum up, RB web’s major task is to . Interconnect all government offices and units, including schools, colleges and universities, government corporations, as well as those at t he local level, by authorizing the use of savings for Internet access, through any Internet Service Provider (ISP) in their area, to facilitate faster communication and data interchange in government. Interconnect all ISPs through Internet exchanges for greater connectivity among users in the country. Speed up implementation of the telephone roll-out programs, articularly in unserved areas in the country. So that our country will hava a better technology. Section 29. Authority of the Department of Trade and Industry and Participating Entities. In this provision, it enables the DTI to promote and develop electronic commerce as well as to promulgate rules and regulations, provide quality standards or issue certifications in the pursuance of this Act’s intentions. I was very pleased to see this attempt by the DTI to develop electronic commerce in our country.I believe that this act will be implemented for the economic future of the country; electronic commerce and the developmen t of new network-based public services is clearly set to become a major contributor to country’s economic growth over the next decade. The DTI has a very important role to play to ensure that the potential benefits for the public, for SMEs and for government can be realised promptly and in a safe manner. PART V FINAL PROVISIONS Section 30. Extent of Liability of a Service Provider.This provision explains the liablilities of the service provider, It exempts ISPs from liability if they can prove that they had no knowledge of the occurrence of the alleged act, and that they had taken sufficient steps to prevent a violation. However, the existing provision does not clearly prescribe liability limits of service providers. For example, if a person makes a representation to a service provider claiming copyright on the material available on the network, will the service provider be liable if he fails to take steps within a reasonable time to remove the infringing material from the ne twork?If the service provider fails to prevent infringement of copyright in the above circumstances, is the plea of not having knowledge of infringement still available to him? If the service provider removes the material from the network in pursuance to the representation made by a person which later on proves false, will the service provider be liable to the person whose material has been removed? The liability of service providers for copyright infringement must be made more explicit.The act must include sections that address the financial aspect of the transaction, and the relationship between an ISP and a third party, because this is vital to determining the identity of the violator. So that if any person with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another, the person can be made liable. In order to be exempt from liability, the act requires the service provider to exercise due diligence to prevent the commi ssion of copyright infringement.The Act does not provide the meaning of the term due diligence. If due diligence means policing each and every aspect of the Internet, it can lead to loss of privacy and can ultimately have a disastrous effect. There is a need for a consensus on the meaning of the term due diligence because the primary function of ISPs is to build the Internet, not to play the role of a policeman. If the behavior of an ISP is reasonable, then that ISP should not be held liable for each and every activity on the Internet as has been held by the court.Section 31. Lawful Access. In this provision, it explains that that access to an electronic file, signature or document shall be limited only to those that are authorized to possess and use it. Electronic keys used for identity and integrity may only be made available to another upon consent of the individual in lawful possession of the key. Section 32. Obligation of Confidentiality. This provision explains that those who obtain access to an electronic key, signature or document not to convey or share the same with another.These two sections are important in that it recognizes that these files are property of an individual and can be possessed only by another upon the consent of its owner. It further recognizes the privacy and personal nature of the key by obliging those who gets to possess it not to share it with others. In my own opinion, the person must receive the information in confidence. That means that he or she must be asked to treat the information as confidential or it must be obvious to him or her that the information is given in confidence.The best way to do that is to ask the person to sign a confidentiality agreement. That is not in itself enough. Precautions must be taken (and seen to be taken) to keep the information secret such as logging documents and disclosures, keeping materials under lock and key and extracting confidentiality agreements. Section 33. Penalties. – The fol lowing Acts, shall be penalized by fine and/or imprisonment, as follows: In this provision, issues in security and penalties are addressed in it.The violations are the ff: hacking, is any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system. For example, an adolescent who would never consider picking someone's pocket or physically damaging someone else's property or home, might be quite willing to steal people's credit card numbers or destroy poorly protected business or government files, since files and credit card numbers are not tangible entities, and the damage is done anonymously.If the individual commits this violation he will have a fine of One Hundred Thousand pesos and imprisonment of 6 months to 3 years. Another violation is piracy, s the unauthorized duplication of an original recording for commerc ial gain without the consent of the rights owner. They will be punished by a minimum fine of One Hundred Thousand pesos (P 100,000. 00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six months to three years. In my opinion. Penalties like imprisonment are good example of punishing an individual who possess violations and crimes.Section 34. Implementing Rules and Regulations. In this provision, it explains that the DTI, Department of Budget and Management and the Bangko Sentral ng Pilipinas are empowered to enforced the provisions of this Act. Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and perform such other functions as may be necessary for the implementation of this Act in the area of electronic commerce.Failure to Issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. In my opinion , it is necessary to develop rules and regulations especially in e commerce. We need rules for the settlement of disputes. They also need rules for the organization of their governments. Law is the set of rules that the government enforces through its police, its courts, and its other agencies. It is important to implement rules and regulations so that people can understand what e commerce is and what are the obligations toward this act.Section 35. Oversight Committee. In this provision, it explains that there shall be Congressional Oversight Committee composed of the Committees and Trade and Industry/Commerce, Science and Technology, Finance and Appropriations of both the Senate and House of Representatives which shall meet at least every quarter of the first two years and every semester for the third year after the approval of this Act to oversee its implementation.The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be determined by the Congressional Co mmittee shall provide a quarterly performance report of their actions taking in the implementation of this Act for the first three (3) years. Utilizing an oversight committee has several advantages. In my opininion, It is generally much more effective with forming and implementing a new rules and regulations. Also, since the oversight committee is a separate entity, access to classified information such as electronic data messages and documents can be controlled.Since experts are involved, uninformed bias is kept to a minimum. The oversight committee can also operate as a mediating body between the active organization and the public. In this role, the committee can help the public understand what e commerce rules and regulations by publishing reports that communicate the facts in ways the public can understand. The existence of an oversight committee can have an impact on the quality and fairness of fact-finding even before the committee gains access to the relevant information.Gove rnment entities must ensure the standard of their work is acceptable, especially because in the long run it will be more costly and time-consuming if they are forced to go back and correct mistakes when an oversight committee detects errors on the implementation of the act. Section 36. Appropriations. In this provision, It explains that the funds needed to provide the sections 27 and 28 will be charged on the savings of the General Appropriations Act of 2000 in the first year of the effectively of the act. And all the funds for the continuous implementation will be included in the General Appropriations Act.This is important to develop the electronic transactions between the government and to the public and like the section 27 said in order to transact the government business and/or perform governmental functions using electronic data messages or electronic documents, and for the purpose, are authorized to adopt and promulgate, after appropriate public hearings and with due publicat ion in newspapers of general circulation, the appropriate rules, regulations and I think there will be needed funds to implement this. Section 37.Statutory Interpretation. In this provision, it explains that Philippine law on e-Commerce was patterned after the â€Å"UNCITRAL Model Law on Electronic Commerce† adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1996 the model law is intended to promote the harmonization and unification of international trade law and remove unnecessary obstacles to international trade caused by inadequacies and divergences in the law affecting trade as a result of the information technology revolution.The interpretation of this Act shall give due regard to its international origin and the need to promote uniformity in its application and the observance of good faith in international trade relations. The generally accepted principles of international law and convention and electronic commerce shall likewise be consid ered. Section 38. Variation of Agreement. In this provision, it explains that the variation of agreement is intended to apply not only in the context of relationships between originators and addressees of data messages but also in the context of relationships involving intermediaries.Thus, the provisions of it could be varied either by bilateral or multilateral agreements between the parties, or by system rules agreed to by the parties. However, the text expressly limits party autonomy to rights and obligations arising as between parties so as not to suggest any implication as to the rights and obligations of third parties. Section 39. Reciprocity. This section states that if the other party to a transaction comes from a country that does not grant the Filipino similar rights contained herein, he will not be allowed also to enjoy the benefits of this law's provisions.Section 40. Separability Clause. In this provision it states that any separable provision of this Act be declared unc onstitutional, the remaining provisions shall continue to be in force. To understand generally a separability clause is a clause often included in a legal document (as a contract) stating that invalidation of some sections or clauses in the document will not affect the validity of the remainder. Section 41. Repealing Clause. In this provision, all rules and regulations which are inconsistent with the provisions of this Act will be cancelled legally.Section 42. Effectivity. In this provison, it declares the effectivity of the act wher e in it shall be effective after its publication in the Official Gazette. Conclusions and recommendations: There is high need for such laws to be enforced in order to make sure the balance is maintained between selling and buying along with the right laws. So far the laws such as the limitation of the liability, indemnification, attorney fees, choice of law are the most used and vital ones to make sure that the deals and trading happen legally and gover ned by laws.The electronic buying and selling are the key features of this modern world and internet applications. The way of living is simplified to the core by the extensive and effective applications of the internet and the Ecommerce laws that govern these electronic trading. The modern world is reaping the multipurpose benefits of the internet and its worldwide applications to the maximum. The laws are the heart of any modern day trading or dealing that takes place because they set the way of business and the regulations of the business.When you make any electronic transaction, then you will have to go through the mandatory laws so that they occur under the legal patterns. The limitation of the liability and the choice of the law are vital laws that the ecommerce industry has to go through. As the days pass by, further more laws are going to be implemented in order to make sure the industry and the transactions are under control. Case Analysis about the E Commerce Law Kyle M. Es tanislao SOCULITA 301

Is class still a relevant factor in 21st Century Britain Essay

Is class still a relevant factor in 21st Century Britain - Essay Example t is quite clear that the social class has since disappeared, and the conventional language of social status still exists in public affairs (Green, 1995). This has since shaped the political thinking of people and their personal careers. It used to be believed that the class of a person is defined by their occupation. For example, doctors and teachers have a different level of income and social experiences compared to those of gardeners. From the previous research based on the economic, cultural, and social capital, the issue of class is yet to disappear from Britain; therefore, it is still relevant (International Labour in the 21st Century, 1995). There is strong evidence suggesting that the class division is still relevant in the British life. There is also proof that the class is relevant in standard Britain compared to a couple of centuries before. The global financial mishaps and their recession may have taken part in making the class division more defined. The policy makers have continued to focus on the economic dimension of quality such as progressive taxation. Increasingly, the class dimension has received endless attention with mechanism that improves the networking chances for people who are excluded socially (Kubat, 1961). The cultural class has been ignored for long as it is a concept that is not easy to measure. The problem arising out of this is that one cannot know how crucial this is and the intensity of their influence on the life of people (Thorpe, 2003). The politics of Britain view class as a significant divisive factor. These started way back from the franchise that existed in 20th century. This extension has been connected and used in explaining the voting patterns and the political parties’ fortunes. The class political and the conflicts associated with a class started to decline in 1980s. This political conflict was after Margaret Thatcher and the Labor Party modernization. Such views focused on the working class and thus presented the

Case study Essay Example | Topics and Well Written Essays - 1750 words - 17

Case study - Essay Example Globalization in the film industry can be approached from four main categories as discussed by Lorenzen (2008). He enumerates these approaches as being globalization of involvement in film-making, film consumption, film production and organization of film making. Globalization involvement in film-making is characterized by a rapid growth in the number of feature films that hit the market, either for TV, cinema or exhibition. For instance, Lorenzen observes that India and China have considerably experienced steady growth in the film industry, a situation backed by their respective growth in purchasing power and investment in the industry. The rise of global consumer taste the world over characterizes globalization in consumption. Lorenzen notes that apart from continuous expansion of the global market, the ease with which producers can reach the prospective market has also improved. The advantage that comes with this phenomenon is that products can be released simultaneously to global audiences on a good number of national markets. This consumption globalization is immensely boosted by such quick distribution and exhibition platforms as internet, Satellite TV and DVDs. India and Japan have been noted to be more aggressive in adopting new technological distribution means compared to Hollywood. Cross-border co-production of films is what marks production globalization. Even though this practice has been around for some time, it has recently witnessed a great surge, with most films from US, Canada, Asia, and Europe involving cross-border production. India, due to is conservative nature, is yet adopt cross-border co-production, hence the relatively low external market share for its films. The final aspect of globalization is global organization, characterized by the advent of global corporations. With the onset of internalization, Lorenzen observes that most Hollywood

Middle Ages Magic Activities from Religious Point of View Assignment

Middle Ages Magic Activities from Religious Point of View - Assignment Example The Church did not approve of theories that contradicted the official doctrine of the Church. This is because their view of human knowledge is based on a concept of an all-knowing God and a revelation of absolute truth through the scriptures and through the Pope and the senior leaders of the Church. There was no room for theories that were based on principles outside this rather strict set of rules. The whole issue of whether the earth is the center of the universe, for example, was seen as a theological dogma, not a theory or scientific view, and these issues have the potential to cause the whole foundation of Christian belief to crumble if they are challenged and found to be false. That is why the Church resisted any other views. There seems to have been in Medieval times quite a bit of experimentation with these forbidden arts, just as today people read horoscopes, go to see fortune tellers, and have lucky objects at the same time as holding broadly orthodox beliefs in one of the main religions. Old pagan beliefs linger on in symbolic ways, as for example in the Christmas trees, Harvest Thanksgiving services and Easter eggs that we have in Western culture, even though these are symbolic of pagan festivals (Jolly, 2000, p. 1). In this, there is not so much difference between medieval and modern society. The issue of predetermined events and the prediction of human behavior was a very thorny one because it goes to the heart of the Christian doctrine of salvation. It matters a lot, for example, whether a person has free will or not, and whether they freely choose to do good or evil deeds, or whether they are just puppets being manipulated by fate or some demon or other. Christians have a strong sense of being morally responsible for their actions, and relying on God alone, and so many other forces that get in between a man or woman and their god were seen as a bit threat.  

Human resources management Essay Example | Topics and Well Written Essays - 750 words - 4

Human resources management - Essay Example For instance, one of the results of this disintegration is that Personnel Function is disabled to exercise comprehensive appraisal, meaning clear goal setting and evaluation of the personnel. In other words, it has no influence on the socialization of their newcomers and current employees; thus, it is incapable to see their progress, understand their primary expectations, and clarify their functions on the workplace. In short, the lack of systematization in personnel recruitment is among the main challenges for Personnel Function. Thus, the future of this body is blurring, since its ineffectiveness becomes more and more evident. In short, Personnel Function is slightly responsible for HR management even now, and tends to lose even more freedom in the future In the short-term period, the absence-management is the subject of concern in Valleyway. In this context, there is a need to provide this kind of management in terms of both comprehending the social structure of employees (age, gender, family conditions) and creating satisfactory job situation (team building, responsibility, and work rotation). In fact, current problems in absence management is hard to identify, because Personnel Function has not enough information on the company’s employees. Each gender and age has different reasons of absence; thus, Personnel Function must know in detail about everyone’s living conditions in Valleyway. Another short-term measure is to provide 360-degree appraisal held by Personnel Function, meaning the open discussion for all the employees with peer reviewing, introducing open culture and mutual responsibility in the company, and critical evaluation of own achievements on the workplace. In this meeting, it is crucial not only to know better the company’s staff but also to articulate corporate goals and ambitions with clear understanding of everyone’s investment in them. Moreover, the effectiveness of

Using a practical study working with a variety of narratives, Essay

Using a practical study working with a variety of narratives, demonstrate how storytelling research can inform your understanding of managerial sense making and responsible management - Essay Example esorted to organisational storytelling as a tool to build and maintain corporate image and reputation, as a tool for change management and for communication with stakeholders. Storytelling organisations are defined by Boje as â€Å"collective storytelling systems in which storytelling expressive performance is key part of members’ past-present-future sensemaking† (2012, 254). In a sense, everyone is engaged in storytelling in one way or another. Stories may be real or fictitious and often have a plot, beginning, middle, ending and a moral lesson. Stories may be narrated by the person experiencing or witnessing an event or another person on his/her behalf hence it has narrators and audiences. In the case of the organisation, the story is about the organisation and its activities. Storytelling in organisations can be traced back to Aristotle poetics but in this case, the focus will be on David Boje’s quantum physics of storytelling and John Kotter’s change m odel. This essay will demonstrate how storytelling research can inform understanding of managerial sensemaking and responsible management using a practical study. The essay will be divided into three sections. The first section will discuss the theoretical concepts. This will entail discussing organisation storytelling and Boje’s main concepts (narrative, living stories, antenarratives).This will be followed by an explanation of what quantum physics of storytelling means for change management and finally, an explanation of Kotter’s 8-stage model of change to show how storytelling can help in managing change successfully. The second section will cover indepth analysis of theoretical concepts using a practical study with variety of narratives. Lastly, a brief summary will be given. Storytelling research shows that storytelling is increasingly becoming important in organisations. Postmodern organisations are experiencing interpenetration of post-industrialism with postmodern culture leading to a

Progressive Era Through the Great Depression Research Paper

Progressive Era Through the Great Depression - Research Paper Example However, we can say that the timing was a bit different across various nations. This was the most wide spread, deepest and longest depression within the twentieth century. This period of immense depression started in the United States starting with a fall in stock prices and the subsequent crash of the stock market and then spread to the other nations of the world (Bernanke, 2000). This period of depression had devastating effects in many nations that it hit characterizing a plunge in international trade, a rise in the unemployment levels with magnificent falls in prices and profits. The various developmental industries got hit hard causing collapse of some. Historical turning points of the enormous depression mainly concentrated on the measures that brought about a halt that reversed the trend and effects of the depression. In most nations, the acclaimed depression recovery started at around the year 1933 and took over a decade to return the economy back to normal and stability. Roosevelt’s introduction of the new deals policies was the first principal cause and accelerator of the recovery process. However, they lacked aggressiveness to return the economy back to normal. Such policies were inclusive of the banking act of 1935. The advent of the World War II also favored the reverse of depression and raise in the economy as government spending on the war stopped and the funds reverted to rising of the economy.

Hacker Essay Example for Free

Hacker Essay The advancement of information technology spans a lot of areas of our lives. Information technology has made a huge difference in industry, agriculture and services. This in turn boosts up the productivity of the society. However, the development of computer technology also leads to many security problems in our modern society. There has emerged a group of computer savvy people who seeks and exploits weaknesses in a computer system or computer network. Their motivation has put many questions on debating table. On the one hand, many people contend that a hacker is a dangerous person who will probably destroy the whole world’s computer system. On the other hand, others argue that hackers are not dangerous and not causing harm. This essay will discuss the two sides of the coin with regard to hackers with relevant examples. First of all, the definition of hacking and hackers need to be clearly understood so as to have an insight into hacking. Hacking can be defined as any kind of computer crimes. Pirating is the most popular form of hacking, which relates to the stealing information from written software programmes. In the computer security context, hackers are people who try to find the weaknesses of the computer network and exploit the information from software. Hackers may be encouraged by a variety of reasons, for instance profits, protests, or challenges. Hackers can be categorised into the three types, which are black hats, grey hats, and white hats. Black hat group or cracker is expertise in carrying out the harmful to the computer system. A grey hat is a hacking group that will not violate the law and help the government to defend the system. However, grey hat will apply the same methods to revert to black hat approaches. The white hat hacker has their own abilities and professional computing skills to protect the malicious threads and they can work for the government as security consultant or security analyst(Tim,2004). It is a common view that hackers are a threat to individual users, business and society as a whole. Hackers usually look for the bankcard details through breaking into the baking computer systems. With the information about customers of the banks, they can steal a huge amount of money, which cause a financial crisis to individuals. At the organizational level, regarding information of the organization such as research business plan or even financial reports is always involves with hacking. Digital database of the customer is also one of the target of hackers, with hackers stealing names , addresses, emails and financial data from organizations. Such a loss of data to a samall business may cost a competitive edge or the complete loss of a customer base, effectively ruining the organization. On the other hand, a business that involve in computer hacking may gain the benefits of data providing the competitive edge and access to the new customer bases through hacking. Personal or political data gained through computer hacking could serve as leverage in business or political dealings(Markoff, 2005). At the society level, apart from financial damage which is similar to individuals, hackers may hack into the national infrastructure system or business system then can control the electrical power plants, transportation, gas, and oil which called the threats of cyber terrorism(Moore, 2005). Moreover, for the military purpose if hacker could access to the system they can track the military movement or even know the exact position where the military camps are set. Compared with other terrorist methods, cyber terrorism needs only few personal and few inputs to achieve their intentions and does have to be physically attacked(Eric, 2012). Cyber terrorists can actually operate their mission from a distance to create damage from a distance and the security agents cannot find them because they change IP address to hide their address and finally it becomes the most challenge issue for the government agents to indentify and capture them(Eric,2012). However there are some positive consequences that hackers bring to the safer security environment of the organization. It is thought that hackers are not always a harmful to the society but have significant role to protect the society from attackers. Over the years computer-related crimes have become more sophisticated. New network security is become more important about defending and documenting defenses. People are finding out about firewalls and putting them up and also find out about VPN server security and actually instantiate VPN servers. It is normally not about modeling an attack the method an attacker would. Those are very different things. With a view to enhancing the network security, some popular practices have been applied. or example, ethical hacking is looking for the weakness in the network system under operations, portfolioing these loopholes and finding the solutions to compensate those weakness by reinforcing some features of the system to prevent likely attacks from computer crimminals( Tim ed al. , 2004). Hacking is also widely being used to rectify data security issues for busin esses. Certain types of hackers such as Grey hat works with businesses to strengthen the security system by assisting the company whereby seeking out the weaknesses of the system. For instance, Gregory Evans who ever caught because of criminal hacking, is now working for the US government as a security consultant(Markoff, 2005). Furthermore, Brand innovation has included one of the advantages of hacking. Hacking can be employed to increase the revenue of the company by using of acknowledgement of hackers to create some new ideas and destruct the old products. In order to implement this, hackers must have to go through the system and change the brand’s code(Tim, 2004). In conclusion, it is a bias- based opinion that people can conclude when looking just only at the downside of the hacking. However, there are some good perspectives of hacking. I personally believe that hackers are not always causing harm, but help the security system to protect the system from other hackers. All things considered, hackers, together with hacking, are not always dangerous. They could act as a driving force for all the computer programmers to unstoppingly correct all the weaknesses in the system and discover new and more effective software.

Cement Industry Essay Example for Free

Cement Industry Essay In today’s world of rapidly increasing competition, firms are selling goods and services through a variety of direct and indirect channels. In mass advertising, marketers are exploring new forms of communication, such as experimental, entertainment and viral marketing. Creative Advertising is the means to break clutter in such new forms it helps Differentiation, Recognition, Recall and Persuasion in an effective manner. Creativity in advertising involves disciplined thinking and requires the creative person to think differently within specific constraints. The advertisement project is a complex exercise that that consumes a lot of effort, cost and time from different experts in the team which requires every part of the project process to be well-studied, documented and well planned. A lot of research needs to get conducted about the audience, product and media of the advertisement. Increasing sales is not the only goal of the advertising decision and could also involve introducing a new product, delivering the product message, etc. The most important aspect of the creative advertising process is the idea and the creative concept. Advertisers use different ways of thinking via several types of creative strategies to promote publicity, public relations, personal selling and sales promotion. One such creative advertisement campaign is the Vodafone’s ZooZoo ads which caught the fancy of the consumers and helped the company develop its own entity in a splendid and innovative manner. The advertising landscape has experienced dramatic change over the past several years and as the advertising medium gradually shifts to the digital platform, agencies are finding new ways to connect with the customers and build their brands. This media confluence is one of the foremost challenges of creative advertising as the advertisers have to reinvent the mass message model, help consumers tell stories, play in an evolving arena and develop talent with creative vision. INTRODUCTION Advertising has long been viewed as a method of mass promotion in that a single message can reach a large number of people. But, this mass promotion approach presents problems since many exposed to an advertising message may not be within the marketer’s target market, and thus, may be an inefficient use of promotional funds. However, this is changing as new advertising technologies and the emergence of new media outlets offer more options for targeted advertising. Advertising also has a history of being considered a one-way form of marketing communication where the message receiver is not in position to immediately respond to the message. In fact, it is expected that over the next 10-20 years advertising will move away from a one-way communication model and become one that is highly interactive. Another characteristic that may change as advertising evolves is the view that advertising does not stimulate immediate demand for the product advertised. That is, customers cannot quickly purchase a product they see advertised. But as more media outlets allow customers to interact with the messages being delivered the ability of advertising to quickly stimulate demand will improve. It is estimated that worldwide spending on advertising exceeds (US) $400 billion. This level of spending supports thousands of companies and millions of jobs. In fact, in many countries most media outlets, such as television, radio and newspapers, would not be in business without revenue generated through the sale of advertising. Most organizations, large and small, that rely on marketing to create customer interest are engaged in consistent use of advertising to help meet marketing objectives. However not every advertisement achieves its objective as the consumer is subjected to innumerable ads daily in newspapers, television, billboards, websites, etc. Therefore those Ads which catch customer’s attention have something unique which makes then interesting and unforgettable. The majority of copywriters agree that creativity is extremely important in ads and it usually works more effectively in catching the interest of people/customer than all other techniques put together. The originality of the idea or ad makes it more recognizable and is able to beat the competition. Creativity is the marriage of imagination and execution, thinking and doing. Creativity in the context of todays world is underpinned by the fact that almost anything is possible given technology and platform advances. Technology is changing behavior, but ideas and how we tell the stories are everything – this is how we influence behavior. Its about the idea and the story, not simply the devices or technologies, which create great and enduring ideas and are the hallmark of Creative Advertisements. ABOUT ADVERTISING Definition of Advertising: Advertising is defined differently by different authorities and the institutions dealing with the subject of advertising. The American Marketing Association defines advertising as â€Å"the placement of announcements and persuasive messages in time or space purchased in any of the mass media by business firms, nonprofit organizations, government agencies, and individuals who seek to inform and/ or persuade members of a particular target market or audience about their products, services, organizations, or ideas.† Purpose of Advertising: Through advertising, one can disseminate the message very effectively. Within few seconds the message can be disseminated to masses. The basic purpose of advertising for commercial advertisers is to identify and differentiate one product from another in order to persuade the consumer to buy that product in preference to another. Non-commercial advertisers (political parties, interest groups, religious organizations and governmental agencies) use advertising to educate people for their cause. Major Decisions before committing for any advertising campaign: Like other area of marketing management, decision-making is necessary in advertising. This relates to 5Ms mission, money, message, media and measurement. Mission: What are the advertisement objectives? Decision in regard to mission is a basic one as other decisions are to be adjusted as per the mission or objective or purpose of advertising decided. It can be: Introduction of new product or service, or information about new features, repositioning of the brand or just reminder campaigns etc. Money: How much money to be spent. Advertising is costly and companies have to spend billions of dollars for this purpose. Advertising objectives determine the required budget. Message: What is the message to be sent? Positive results depend on message. It should be attractive and meaningful. It’s the job of the creative copywriters and artists. Message can be communicated by written words, pictures, slogans and so on. Media: What kind of media to be used. Selection of media depends upon cost, coverage, effectiveness and budget in hand. Wrong decision on media may make advertising ineffective and money spent will be wasted. The steps here are deciding on desired Reach, Frequency and Impact. Measure: How are the results to be determined? Evaluation of advertisement in order to judge its effectiveness. The post advertising sale is one major consideration. The other consideration is visibility of the advertisement. Steps involved in influencing customer decision: There is a very famous principle in ad world called as AIDA principle, which describes the steps that a prospective customer goes through before deciding to buy. AIDA stands for A- Awareness, I- Interest, D- desire and A- Action. Awareness Ad should surprise the customer. Interest This is usually where benefit phrases come heavily into play. Desire Third step, customer realizes that product is good and beneficial. Action- The fourth stage occurs when the prospect decides to take Action and become a customer. HISTORY OF ADVERTISING History of ads can be traced back to 3000-4000 BC. There are signs that Romans used to announce gladiator fights by painting on the walls. Egyptians used papyrus to make sales messages and wall posters. Commercial messages and political campaign displays have been found in the ruins of Pompeii and ancient Arabia. Lost and found advertising on papyrus was common in Ancient Greece and Ancient Rome. Active advertising in print media started in late 19th century. 20th century has witnessed evolution of advertising through various media. The concept of creativity in advertising was not discussed much until the 1960s, when a sea change in the way of producing advertising transformed the field forever. The central feature of this Creative Revolution was that creativity came to be valued over the formulas and research that previously drove the production of ads. Creative teams, a mainstay of nearly all agencies since the 1960s, did not exist prior to that time. The reigning paradigm was reason the why advertising that spoke to consumers in terms of unique selling propositions (USPs). The Creative Revolution changed not only the ground rules for making advertising, but also the kinds of people who were recruited into the business. The preeminence of creativity over formulaic advertising was strongly articulated and the effect was to place creativity before the other services of an advertising agency market research, media analysis, and other support functions. CREATIVE ADVERTISING To really stand out in the crowd, an ad concept has to be really out of the box, something that intrigues an audience or at least make them look twice. There is no second chance at making a good first impression. With both online and offline advertising you only have seconds to catch the attention of your consumers. If that doesn’t happen, your ad campaign is considered a failure. Today’s advertising message must be better planned, more imaginative, more entertaining and more rewarding to customers. Inclusion of creative ideas (original, novel, out of box and useful ideas) in the ad campaign is called creative advertising. Creative advertisements are made not only to sell the product but to entertain the target audience. Creativity in advertising does not arise in a vacuum; it requires a certain degree of both general knowledge and field-specific knowledge. This is clearly true if we think of creativity as a form of innovation – we cannot know what is novel without a sense of what is already known in any area. The ad’s impact depends not only on what it says, but often more important, how it says it execution is decisive and this is the crux of Creative Advertising. TYPES OF CREATIVE STRATEGIES Creative Strategies are used in order to obtain consumer attention and provoke shoppers to purchase or use a specific product. Creative Strategies promote publicity, public relations, personal and sales promotion. Creative strategies are divided into three basic forms: Weak Strategies: Generic and Pre-emptive strategies describe the two weakest forms of advertising that were most popular through the 1940s. A generic strategy gives a product attribution. Consumers arent learning anything new about the product. It enhances the product in no other way. A pre-emptive strategy is a form of advertising that makes a generic claim stronger. Middle Strength Strategies: Unique positioning and Brand Image are the two types. This proves that something about your product is truly unique. This is commonly found when producers take an average product and add a new, unique element to it. In brand image, an advertiser is not trying to create rational thinking. This type of advertising strives to create emotion and give a brand a personality. A common way of doing this is by using a celebrity as a spokesperson. Strong Strategies: Affective and resonance advertising are the two types. Making people feel really good about a product is called affective advertising. This is difficult to do, but often humor and an honest character can make affective advertising possible. Resonance advertising is a way of identifying with consumers. If an advertiser can create a campaign that certain target markets identify with, then resonance advertising has been achieved. FUNDAMENTALS OF CREATIVE ADVERTISING The Fundamentals of Creative Advertising provides an understanding of how to create and produce ad campaigns. The focus is on the various media available, the thinking and planning behind the campaign, the creative brief, and the creative solution and execution of the ad campaign. Market research underpins virtually all of the decisions made at the campaign planning stage. Through market research both the client and the agency are better able to understand the marketplace, identify and profile the target audience, test their creative ideas, choose the most appropriate media form and, finally, evaluate the success of the campaign. The client will normally provide basic and initial research about the target market and audience in the client brief, which is then supplemented by research undertaken by the agency. Having received the brief from the client, the creative ad team must now take all the knowledge that they have and use it to develop a campaign that will meet the requirements of the brief. They need to look closely at all the information they have been given and understand what it really means. The creative ad team must also identify any gaps in their knowledge that can be filled through market research. The Creative Brief: Role of the brief: A creative ad team will transform a client brief into a creative brief. Together they will develop an advertising strategy based on the information supplied in the client brief and the supplementary research undertaken. The campaign strategy is then articulated in the creative brief, which is approved by the client. Developing the brief: Before the creative brief can be formulated, the objectives of the advertising campaign have to be identified, together with a strategy for achieving those objectives. It is important to remember that the advertising medium itself is only one part of the communication strategy, which in turn is part of the overall marketing strategy. As such, the broader marketing strategy has to be considered before the creative brief can be formulated. The Creative Concept: The creative team: At the heart of every successful advertising campaign is the creative concept. The task of having an original concept, and a range of ideas allied to this concept, is in the hands of the creative team. The best creative teams have the capacity to be both original and fluent when it comes to generating such ideas. In other words, it is not just about having a novel idea†¦it’s about having lots of them! Research and Familiarization: The way the creative brief is written and its content can be an important trigger for your ideas and will also provide an important point of focus in terms of advertising objectives; who you are talking to, what you want to say to them, and how you want them to respond. For this reason it is best to keep referring back to the brief every so often during the creative process to make sure that you are staying on track. Idea Generation (Ideation): The secret to having good ideas is to have lots of ideas to choose from. The more ideas, the greater the chance, that there will be few ‘winners’ among them. Quantity equals quality, so don’t hold back and pre-judge your ideas, just have lots of them – the wilder the better! Wild ideas may be unusable in their raw state, but they can provide a springboard to a better idea as they can help you to see things from a different perspective. Once the basic campaign concept for the advertisement has been formulated and agreed by the client, it’s down to the creative team to coordinate its execution. In traditional creative partnerships, the copywriter will write any body copy so that the message is conveyed in a punchy and memorable way, using the correct tone of voice to evoke the right mood or provoke the desired reaction. The art director will be responsible for ‘crafting’ the advertisements – making sure that they look visually strong and have a consistency of layout and composition across the campaign. Crucially, they must also exude and reflect the brand values. EXAMPLE OF A CREATIVE ADVERTISING CAMPAIGN Creative ad campaigns instill a sense of awe and marvel in the people they target. They cause us to stand back and wonder, â€Å"How did the brand even come up with that?† When a brand gets an ad campaign right, they stand out amongst the myriad of typical, hackneyed, and lackluster ads that bombard us daily. Just like the Vodafone ZooZoo ads. Vodafone is known for its unique advertisement campaign such as pug, happy to help service and the â€Å"ZooZoo† advertisement campaign. As Vodafone was a new brand in India, it had a challenging task to develop its own entity. The previous name of this Indian company was associated with a pug. Vodafone decided to come with a new persona for itself, so the people of the country can associate it with the company. The company came with a brilliant persona for itself, which was very apt for it, The â€Å"ZooZoo†. With 25 such commercials planned, releasing one a day, to sustain interest till the end of the IPL SEASON 2.HaritNagpal, chief marketing officer, Vodafone India explains, â€Å"†¦the brand was in need of an idea that would work doubly hard, as it was planning to spend some four months’ worth of marketing monies in one month†¦Ã¢â‚¬  ZooZoo are advertisement characters promoted by Vodafone during the Indian Premier League Season 2. OM experimented with several characters and finally â€Å"ZooZoo† was born as a completely Indian concept. The name had to be catchy, funny and memorable, though the name actually never pops up in any of the communication. Zoozoos are white creatures with ballooned bodies and egg heads who were used to promote various value added services of Vodafone. Each ad used a story which was enacted by the Zoozoos. These ads though look animated are actually real humans in the ZooZoo costumes. The ZooZoo advertisements were created in South Africa by Ogilvy Mather, an international advertising, marketing, and public relations agency and Nirvana Films. Ogilvy Mather were asked by Vodafone to create a series of 3D advertisements which could be aired each day during the IPL Season 2. They spent near Rs. 30 million to make these advertisements. The campaign created the buzz both in the traditional media as well as in social networking sites like Face book and Twitter and video sharing website, YouTube. Zoozoos are part of a unique and innovative advertisement strategy aimed at outdoing the strategies of Vodafone’s competitors. By the means of ZooZoo, Vodafone has tried to represent an image of the urban common man who is the main drive force behind the increased usage of telecom VAS services in the tele-communication industry. Through ZooZoo characters they have tried to showcase how the various offers by Vodafone can be useful for an urban common man. What Vodafone did was they projected the usage of their VAS services through various advertisements based on different themes as per the product (VAS) that they were offering. The various services offered by Vodafone such as chota recharge, group SMS service, busy alert service, fashion tips, recharge anywhere, bhakti songs, stock alert, voice SMS etc were shown to the viewers not by normal advertisement ways but through some funny catchy ZooZoo ads which were successful in immediately drawing the attention of urban population including all age groups. Each of the advertisement was specific to one particular VAS service revolved around the same to make the customer understand the service. Because of the uniqueness attractiveness of these Zoozoos, Vodafone was able to draw the attention of the audiences quickly towards these ads which became soon very popular thus the VAS offered by Vodafone. The success of ZooZoo is the success of minimalism and simplicity. As a part of a unique and innovative advertisement strategy which was being tried for the first time in India, the ZooZoo also generated tremendous mass appeal through the internet. The ZooZoo campaign has been able to generate a lot of curiosity among the viewers. The fan club of ZooZoo touched to several million and various interactive quizzes came up in these days as evident in the wallpapers and screensavers in the cell phones. All these transformed into a great viral marketing event. Another important advantage is that it involves very low cost in the implementation of the ZooZoo campaign and this amount as compared with the benefits it generated was infinitesimal. There is no celebrity required as a brand ambassador, unlike the campaigns being run by its competitors like Airtel and Idea, which resulted in a dual advantage. ZooZoo advertisements helped Vodafone increase its customer base by 3.8 % in the 1st quarter of 2010. The reason behind the Zoozoos becoming so famous is its familiarity with the cartoons which people used to watch as kids and invokes pleasant memories and fantastical world people used to live as children. It also does not produce bias of any kind (class, creed, religion etc) and hence this advertising strategy of Vodafone has been able to capture the imagination of millions across the country. The ad campaigns have given Vodafone a new look that will go a long way in further improving its brand image. The commercials have hit the Indian market like storm and will now probably go into history as one of the most brilliant advertising idea for the industry and the results it achieved are instructive for marketers and advertising agencies. Vodafone has benefited immensely from this campaign as the Zoozoos have become a brand in themselves. The creativity in the advertisement campaign caught the attention and fancy of the consumers, aroused curiosity, told stories and made people retell the story. In their remarks about the brand, the campaign achieved a remarkable success. We are all familiar with the standard measures of advertising effectiveness memorability, message comprehension, persuasion and likeability. However, getting people to talk and discuss the advertising gives it a multiplier effect that helps to reach and impact more people than before. As the media gets more cluttered and expensive and viewers get cynical about the message, there is a need for advertising to be spoken about to make the brand and it’s messaging more impactful. It is not just traditional 360 degrees integrated communication by using multiple media to bombard the consumers with the message. Rather effective advertisement is all about developing creative content that naturally lends itself into being talked about and thus gets present in multiple media. CREATIVE ADVERTISING IN DIGITAL WORLD As consumers spend more time online, they have more control over traditional advertising vehicles, and chose to create and share their own content. As a result, some advertisers are evolving to a confluence culture where traditional methods of work must adapt to embrace the new reality of interactive content, emerging media, and production/consumption methods. Confluence culture thus suggests that agencies as units and the advertising profession as a whole face numerous challenges to their traditional ways of operation as they grow and morph and react to cultural shifts, particularly when it comes to creativity and ideas. Interactive creativity is built around engagement, and it recognizes that people are inherently social and look to create and maintain relations not only with other people but also with brands. Brand stories, both in traditional media and online, provide ways for advertisers to engage consumers more deeply with their brands. An engagement perspective changes the view of a brand from a transactional perspective, in which a brand addresses a transient need, to an interactional perspective, by which the brand story becomes part of a persons own story about him or herself. The act of consuming media online has become synonymous with the act of producing media. Many online users are not content with accessing and viewing or listening to content from established sources; rather, they want to interact with message content by adding to it or repurposing it for new and different uses. Some traditionally closed models of information distribution (e.g., Web pages) therefore have given way to new, open models. These new systems, including the social media sites Facebook, MySpace, and YouTube, enable consumers to distribute content that they create. Interactive creativity therefore involves providing consumers with the tools they need to be creative themselves. To promote its new line of coffees, McDonalds developed a site where visitors could create their own coffee ring snowflakes. On the CNN site, consumers can select news headlines to make into t-shirts, branded with the CNN logo. In each of these settings, the brand becomes the base for the creative product, and the time spent on the sites during the creation process allows brand registration to occur. Participation suggests that brand stories actually are created and disseminated in a partnership between advertiser and consumer. Leaders in the confluence culture will be those creative strategists who have an understanding of all aspects of the advertising process and use creative skills to solve brand problems. These individuals-nimble, digital, and prepared for new challenges will be able to consider the stories people tell, craft resonant brand narratives, and help clients use these stories to connect people to brands in new and exciting ways. Agencies embracing the creative strategist approach will be poised to provide outstanding messages for clients, protect against economic downturns as clients embrace the value of such messages, and find even more innovative ways to communicate. CONCLUSION Creative Advertising comes with its own set of challenges, particularly when it comes to harnessing the power of creativity so that the message gets conveyed in an appropriate manner keeping the holistic vision of the brand into context. The real success of an ad campaign for its creativity can be measured by evaluating the sophistication level of below parameters: * Time and Space consumed * Superiority over competition * Distinguish Products * Influence customers * Was it Eye Catchy * Relate with the Values of Target Audiences Advertising is an exciting field and the industry is constantly changing to provide new challenges and creative problems to solve. The true test of creativity is the ability to adapt to change, and consistently find new and original solutions. Advertising is likely to play a crucial role in marketing products and services for the foreseeable future, but the opportunities offered by new technology and media provide a much broader canvas for advertisers and creative teams. REFERENCES 1. Marketing Management – Kotler, Keller, Koshy, Jha 2. Advertising in Rural India: Language, Marketing Communication, and Consumerism Bhatia 3. What is Advertising? Advertising Society Review 6, no. 3 (2005) 4. The fundamentals of Creative Advertising by Ken Burtenshaw, Nick Mahon Caronine Banfot 5. Inclusive Branding by Klaus Schmidt Chris Ludlon. 6. Zenith International Journal of Business Economics Research 7. Rediff.com Business – The Magic of the Zoozoos 8. Wikipedia – Creative Strategies