Thursday, October 31, 2019

How radio has influenced our lives Essay Example | Topics and Well Written Essays - 250 words

How radio has influenced our lives - Essay Example This information plays an important role in the decisions that people make regarding different aspects of their lives. Such decisions include decisions on travel plans through the traffic updates that the radio is able to give, decisions on entertainment choices through the various options that can be given on radio and other important aspects such as healthcare and education. The public depends on the information on the radio to know the choices that they have in regards to important decisions such as healthcare plans and the best available education (Biagi 113). The radio is also an important source of information on controversial subjects. Through the educational programs that are aired on radio, the mass can get more information on the controversial subjects. The radio also has an important role to play on the buying decisions that are made by the different listeners. By giving the listeners information on different products available, the listener is able to make an informed choice or decision regarding the product that is most suitable for them. The radio has therefore has a positive impact on the lives of the public because of the ability that it has to pass across information for public

Tuesday, October 29, 2019

Patents and Trademark Law Case Study Example | Topics and Well Written Essays - 1500 words

Patents and Trademark Law - Case Study Example First they should make an application to the UK patent office. At the patent office they are required to fill a document called 'complete specification. This form contains a description of the article, process or machine, including working instructions and a statement of 'claims' which the inventor seeks his monopoly. It is against these claims that any infringement is judged. The patent office will carry out research to test for novelty. According to the result of the search the applicant may decide to abandon or modify his application or request an examination by a qualified patent office examiner. The main task of the examiner is to see that the claims of the specification describe things that are not only new, but also inventive. Once the examiner is satisfied the specification is published and for 3 months afterwards any interested party can object by notice to the patent office. In the event of no opposition or failure of objections the 'letters patent' will be seated and the p atentee can sue in the High Court for any infringement. Once granted, the patent covers the UK and is in force for 4 years, and it can be renewed annually for a further 16 years after which it can be extended by an application to the High court for a further 5 to 10 years. After duty registering their Pete Tom and Pete Soil manufacturer will have the patent rights and they can reinforce a legal action against anyone making, using, selling, offering for sale or importing their patented invention. In the event of the competitors proceeding to invent the polythene bags, Tom and Pete Soil can approach the court and fire a civil suit. In the court section 60 (1)4, patents Act 1977 states that "Subject to the provision of this section, a person infringes a patent for an invention if, but only if, while the patent is in force, he does any of the following things in the united Kingdom in relation to the invention without that consent of the proprietor of the patent, that is to say:- Where the invention is a process, he uses the process or he offers it for use in the United Kingdom when he knows, or it is obvious to a reasonable person in the circumstances, that its use there without the consent of the proprietor would be an infringement of the parent. Therefore the aggrieved party can seek the assistance of the courts which will issue an injunction barring the competitors i.e. FR & ED as well as Salisbury supermarkets from inventing and selling the polythene growing bags. Further Messrs Soil can prevent

Sunday, October 27, 2019

The Travel And Tourism Sector Tourism Essay

The Travel And Tourism Sector Tourism Essay As with everything else, the travel and tourism business is changing constantly with more people booking trips on the Internet, increasing numbers of adventure travellers and fewer people having disposable income since the financial crash of 2009. To get people to bring their tourist dollars to your destination, your plan must accurately identify whose vacation needs you can best serve and get the word out specifically to them. PREMIER INN RESORTS: TASK 1 Know Your Customers Know who is visiting your tourist destination. Texas, for example, did a marketing survey that showed the state brought in nearly $470 million in 2008 with European visitors, most from the United Kingdom. Washington State noted that it made about two-thirds the amount of income from people staying with friends and families as it did from those staying in hotels, so that was a significant market. Make sure local institutions keeping as close track as possible on where people travel from and their demographics so you know where your marketing is working and can more aggressively target areas where the response could be stronger. Set Specific Goals Decide what your specific goals are, such as wanting to double your tourism revenues in the next two years; draw more families to visit your tourism site; increase traffic from a neighboring state to a specified amount; or triple the number of visitors to a specific sightseeing attraction. Identify Travel Trends Stay abreast of travel trends, such as increasing interest in adventure travel, growing numbers of girlfriend getaways, changing demographics that mean more seniors traveling and increased use of Internet for bookings. Use this information to shape how your tourist destination will brand itself, what attractions it will invest in and emphasize and what marketing vehicles it will use. Get Your Message Out Figure out what vehicles will be most effective for promoting your message to the markets you have chosen, including travel review forums, social marketing avenues, Internet broadcasts, and magazine and news articles in general interest and special-interest publications or television ads. Enlist local businesses in advertising and offering specials and discounts for slow periods. Keep in mind, travellers sharing their positive experience at your destination is going to be your strongest marketing tool. TASK 2 . Do a Situational Analysis Target Markets Even if you are experienced at managing holiday rentals, it pays to do an on paper assessment of your target renters. If youre brand new to renting, you may have to do a little bit of research into your area to determine which groups you should target. Demographic Try to determine which demographic groups the majority of your guests belong to, such as: gender, familial status, household income, and education level? Its likely that other belonging who call into the same category as your past guests will also enjoy your home. Geographic What geographic area are your guests from? Do they travel from overseas? Do they fly or drive to your destination? If they drive, how far is a typical journey? Psychographic What do your guests do in their leisure time? What do they want out of their holiday? Market Needs Trends Look at your local holiday rental market as a whole. Are there any traveller groups that dont seem to be well catered for? Has your local area undergone any major changes in the past year? 5 years? 10 years? Look for trends in the number of visitors, demographics of visitors, new construction in the area, sharp increases or decreases in the value of property, significant increases in property taxes, or new or proposed regulations regarding short-term rentals. SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis Completing a SWOT analysis will help you determine where the strengths of your holiday rentals business, where you can improve, and what opportunities exist in the market, and what threats loom on the horizon. Strengths: What does your holiday home offer that other homes in your area do not? What makes your home special? Are your rates competitive? What do you do as an owner that is better than other owners in your market? Examine your online adverts.   What does your ad do well? Weaknesses: What do other holiday homes in your area offer that you do not? Are there any areas where your home could be improved (facilities, dà ©cor, furnishings, etc.)? Examine your portal website listings.   What could be improved about your ads (better photos, better written descriptions, etc.)? Opportunities: Are there any improvements being made or attractions being added in your market (have the beaches been given a special award, or is there a new activity centre opening)? Does your property cater to any of the following growing market segments: retirees, business travellers, families with grown children? Is the area opening up to travellers from a new geographic region? Threats: Are there any new property developments coming to your area (i.e. increased competition)? Has there been a significant increase in property taxes for second homes? Are there any new regulations being imposed on holiday rentals in your area? Competition In positioning your holiday home, you should consider who you are competing with for business, what they offer, and how their pricing compares to yours. After youve compiled a list of your biggest competition, take note of where they currently advertise, which marketing tactics theyve chosen to implement. Then launch your counter attack, by applying strategies that will more effectively or persuasively reach the target customers you have in common. Other Holiday Accommodations in Your Holiday Market This could include other holiday rentals in your area, as well as hotels, bed and breakfasts, all-inclusive resorts, hostels, caravan parks or camp sites. Other Holiday Destinations Often youre not just competing against other accommodations in your area. You may also be competing against holiday homes and hotels in surrounding areas, or even other markets altogether. Holiday Rental Benefits What does your home have to offer travellers? Amenities An amenity is anything included in your home that may be of interest to potential guests. The next time youre at your vacation home, go room-to-room and make a list of the items in each room. Download the Equipment and Facilities Checklist to see if youre missing anything. Suitability Who is your home perfectly situated for? Families with small children? People with disabilities? The elderly? Travellers with pets? 2. Determine Your Marketing Strategy Marketing Objectives What are your most important goals for marketing your holiday home? To receive enquiries? To book a certain number of weeks? To generate a specific amount of revenue? Positioning When setting your marketing strategy, its important to determine how you plan to market your retnal. That is, who your home is suitable for, and how you plan to ? Many holiday home owners make the mistake of trying to target uncomplimentary groups of travellers. For example, if you have a large property in the Algarve, Portugal, creating a home that is too family friendly (for example turning ample sized bedrooms into childrens bedrooms) could alienate groups of adult friends on golfing breaks or girls getaways. However, become too broad in your appeal, and you could seem bland or irrelevant to travellers. Marketing Mix Most marketing activities conducted by holiday rental homeowners fall into the categories of online advertising, offline advertising, and word-of-mouth marketing. Online Advertising Portal websites like HomeAway.co.uk or OwnersDirect.co.uk Specialised websites like your local tourist board Personal websites (your holiday rentals business website) Offline Advertising Print media like newspapers and magazines Radio or TV Collateral material like business cards, fliers or vouchers Word-of-Mouth Customer relationship marketing efforts to past guests, or friends and family discounts Referrals Charitable donations Marketing Research Get to Know Your Target Customer Take the time to do some research about your target renter. The best way to do this is by talking to past guests, friends, and family members about what they enjoy about your home, what could be improved, and whether or not it fulfils the requirements they are looking for in a holiday home. You can also download our Guest Feedback Survey to send to your previous guests Become an Expert on Your Local Area Travellers will often look to you for advice about your area. Put on your travel agent hat and learn about the area attractions and restaurants that may interest your target renters. Stay Current with Events in Your Market Its important to stay abreast of events in your area. Consider subscribing to the local newspaper in your vacation home market or set up Google News Alerts to come to your email. Follow Industry Trends Staying educated on the holiday rental industry will give you a leg up in marketing your home. Keep an eye on our Industry News section, for the latest reports. 3. Get Your Financials in Order (Budgets and Forecasts) Break-Even Analysiskeys to success Even if you do not rely heavily on rentals to cover the expenses for your home, its important to determine how much money you have coming in and how much you have going out each month. Revenue How much rental income do you hope to generate from your holiday home this year? Formula for projected revenue for primarily weekly rental markets: (Number of Peak Weeks x Peak Rate) + (Number of Off-Peak Weeks x Off-Peak Rate) + (Number of Weekends x Weekend Rate) Formula for projected revenue for primarily nightly rental markets: (Number of Peak Nights x Peak Nightly Rate) + (Number of Off-Peak Nights x Off-Peak Nightly Rate) Expenses What do you expect to spend this year to keep your holiday rental running? Note: This formula does not include capital improvements. Cash Flow Calculating your projected cash flow should help keep you aware of where you stand in relation to your rental goals. In addition, consider setting milestones or benchmarks for where you should be when. If you hit a milestone and determine that youre not on course, then its time to implement a contingency plan. Sales Forecast During which months do you get the majority of your income? Be sure to factor in payment schedules, but to simplify the cash flow process, do not include any refundable deposits (otherwise youll have to also include the refund in your expenses). Expense Forecast Determine when you will have money coming out of pocket. Which expenses occur monthly (e.g. mortgage, utilities, etc.)? Quarterly?   Annually? Dont forget about seasonal fixed expenses like such as home or grounds maintenance. Contingency Planning What potential difficulties do you foresee in renting your holiday home? Brainstorm all of the potential problems you could face in your rentals process, and create a plan and a backup plan to deal with each one if it occurs. By preparing contingency plans, you wont be caught off-guard when a less-than-ideal situation arises. 4. Determine Your Personal Keys to Success in Renting Your Home After creating a marketing plan for your holiday rental home, you should be able to answer the following questions: Who is your target market and how is your home best suited for them? What is your homes theme or position in the market? Which marketing vehicles should you use to reach your target renters? How many peak weeks, off-peak weeks, and weekends do you need to rent to break-even on your fixed expenses? What are the potential risks in renting your holiday home and what can you proactively do to prepare for them? What you define as success may be different to what other owners in your area would. The key to personal success in renting is to set goals for yourself and your holiday rental. By setting goals before you begin, you always have a number of booked weeks (or nights) to work toward and will more likely stay motivated and fulfilled (INSKIPP, Carol, 2008) COMMUNICATION SKILLS: As a tour guide, communication will be your main tool in informing and guiding guests around sights and keeping their interest. Below, we have some suggested reasons why communication is so important in a tour guiding context. After reading through them, why dont you tackle the activities which follow, which are based on some of the main reasons for communicating in tour guiding. To inform, remind and advise You will use communication to present your country to tourists. As a tour guide you will have to answer many questions, handle queries and present information to tourists. Among these types of information will be: à ¢Ã¢â€š ¬Ã‚ ¢ giving directions and commentaries; à ¢Ã¢â€š ¬Ã‚ ¢ explaining procedures and itineraries; à ¢Ã¢â€š ¬Ã‚ ¢ providing advice on safety and security; and à ¢Ã¢â€š ¬Ã‚ ¢ describing tourist attractions. This information to guests can be: helpful suggestions to prepare themselves for a tour, advice about personal belongings to take, medical advice on preventative medicines, and information about available services at tourist destinations. To clarify, and to avoid confusion and misunderstandings Communication helps to clarify facts so that there is no confusion or misunderstandings. Also, sometimes there are unexpected events during a tour which can force the tour guide to change plans, and these changed plans have to be communicated to the tour group as soon as possible, to get consensus on alternative itineraries. To promote and persuade Communication is also the tool youll use to promote the tourism products and services of your country, such as the destinations and events they will visit and enquire about. Remember, tourists visit your country in order to see what attractions the country has to offer and to perceive and experience the country from your perspective. As a tour guide, therefore, it will be your responsibility to motivate and reinforce the tourists interest in your country. Your commentaries are the  « eye  » through which tourists will see the country and you are the representative of the people of your country. To build relationships How well you communicate with your tour group will determine the success of the tour and how successful you are in your career as a tour guide. Conversations help to develop rapport which will build interpersonal relationships. This is important for sustaining the tourism activities. To evaluate your services Communication will enable you to collect relevant feedback from the tourists with a view to gauging the interests and expectations of the tourists. This feedback obtained can be communicated to all concerned. From this you will be able to explore ways of improving subsequent tour activities. TASK 1 Email To: XXXX From Anamika Sinha CC Subject Cox kings share Holdings Dear XXXXXX I have recently visited Cox kings share Holdings and attach my report. The prospects for devolving HR activities to the line are examined in this article. Evidence drawn from a wider study of HRM in practice suggests that, while line manager involvement is possible, their practices tend to be inconsistent in implementation and uneven in quality. A number of constraints on line management practice were identified. First, there is limited reinforcement of practice through institutional forces. Secondly, the short-term nature of managerial activity means that a greater priority is placed on the achievement of the numbers rather than the achievement of numbers through people. Finally, downsizing and delivering place tremendous pressures on the time which line managers could allow for people matters generally. These findings challenge much of the rhetoric associated with the idea of giving HRM back to the line by arguing that the quality of line management practice may distort the overall impact of HR policies. TASK 2 Phone Communication Phone communication remains an important means of business communication because it can link partners, employees and business professionals nationally and globally. Costs of phone communication can be significant, particularly if a business requires a lot of international calls. Verbal Communication Verbal communication in groups and between individuals is still a critical and popular method of business communication. Mastering the art of verbal communication can help you articulate ideas and solve problems in ways that everyone will understand. The Internet and social media Web-based portals, such as Face book and Twitter, have taken the business world by storm. Email and social media represent ways for businesses to communicate important information in a matter of seconds. Fax Faxing is a fast way to communicate information and data as well. Faxing can be especially beneficial when information needs to be communicated in hard copy. Written Communication Believe it or not, companies still write memos and other reports that communicate information internally throughout a company. Written communication is an important method of communication because it helps establish a paper trail. TASK 4  · Speed and Costs of Communication The most significant impact of technology on communication is the spread of the internet and the possibility of sending emails and chatting. In the pre-information technology days, a document often required re-typing on the typewriter before the final version. Sending the letter across to someone else required a visit to the post office and a postage stamp. Faster methods such as telegrams had severe limitations in text, and remained costly. Computers and the internet have made easy the process of creating and editing documents and applying features such as spell check and grammar check automatically. Email allows sending the document to any part of the globe within seconds, making telegrams, and even ordinary letters mostly obsolete. The internet has thus increased the speed of communications manifold, and reduced the costs drastically.  · Quality of Communication The huge amount of knowledge accessible by a click of the mouse has helped improve the quality of communication. Translating a text from an unfamiliar language to a familiar language, seeking out the meaning of an unknown word, and getting follow up information on an unfamiliar concept are all possible thanks to the internet. Technology allows easy storage and retrieval of communication when needed, especially verbal communication, the storage of which was very difficult before. It now becomes easier to rewind and clear misconceptions rather than make assumptions, or contacting the person again to clear doubt.  · Change in Communication Style The invention of new gadgets such as mobile phones makes communication easier by allowing people to communicate from anywhere. An underestimated impact of mobile gadgets is their impact on the nature of communications. The nature of such impact includes the following: The possibility of high quality communication from anywhere in the world to anywhere else at low costs has led to a marked decline in face-to-face communications and to an increased reliance on verbal and written communication over electronic mediums. The small keyboards in mobile phone and other hand held devices that make typing difficult has resulted in a radical shortening of words and increasing use of symbol and shortcuts, with little or no adherence to traditional grammatical rules. Such change now finds increasing acceptance in the business community. Communication has become concise and short, and the adage brevity is the soul of wit finds widespread implementation, though unintentionally.  · Accessibility to Communication The answer to the question how has technology changed communication is incomplete without a mention of the role of technology in the democratization of communication systems. Technology has brought down the costs of communication significantly and improved peoples access to communication. The proliferation of online forums, live coverage of news, and other such media related initiatives have resulted in world wide access and participation in news and information for almost everyone. In the realm of business, access to communication or privileged information was hitherto a major source of competitive advantage. Technology helps remove such barriers and ensure a level playing field in this aspect for the most part.  · Nature of Communication The ease of communication and the spread of interactive communication methods such as instant messengers and video conferencing has increased the volume of communications, but reduced the average length of communications. People now communicate whatever comes up instantly, and tend to break up different topics into different communications. Finally, technologies such as the internet help spread the net of communication by tracking down old friends, shedding light on new business opportunities, and the like (JOHN SWARBROOKE, Susan Horner, 2001) PEOPLE IN THE ORGANISATION: TASK 1 All these organisations are connected to either the National Government, which is departments or ministries, or to local Government. This chart shows the range of commercial and non commercial organisations involved in Travel and Tourism. The government organisation, the DCMS (The Department for Culture Media and Sport. This is one of the many civil service departments which serve the elected government of the day, whatever their political views. These departments do not have any political bias. Examples: Treasury doles out all the money the taxpayers money to other departments, e.g. education, defence, DEFRA (Department for the Farming and Rural Affairs), which is the department for the environment.  · The DCMS is responsible for and to oversee: Government policy on the arts, Sport The National Lottery, Tourism, Libraries, Museums and galleries, Broadcasting, Film, The music Industry, Press freedom and regulation licensing, Gambling Historic environment.  · The present secretary of the DCMS is Tessa Jowell. Funding of the DCMS ===================  · Funding comes from the taxpayer (income tax)  · In addition, the Treasury decides what share each government department will get. Stakeholders Stakeholders are anyone who has an interest in an organisation. The people who are hold an interest in the DCMS range from: Government of the day. This is because DCMS carries out the policies. This relates to Tomorrows Tourism Today, which outlines plans for action and responsibilities for delivery for the DCMS and its key partners in five areas. These are the four joint priorities agreed by the DCMS and the tourism industry; marketing and e-tourism, quality, skills and data, plus a fifth priority for the DCMS advocacy for tourism across Whitehall and the EU. Tomorrows Tourism Today, which had the working title of the Tourism Prospectus, is the result of consultation by the DCMS with its key partnership organisations; Visit Britain, the England Marketing Advisory Board (EMAB), the Tourism Alliance, the Local Government Association and the Regional Development Agencies. It also reflects comments from over 30 organisations and individuals who responded to a final round of general consultation. The idea for Tomorrows Tourism Today came from the series of Hartwell Conferences between the DCMS and the tourism industry. They were part of the process of tackling the downturn in tourism that followed the Foot and Mouth outbreak and the September 11th attacks in 2001. The public as the taxpayers, as the DCMS is spending our money. Customers of tourism in the UK. Businesses, which benefit from the work of the DCMS. Employees of the DCMS civil servants. NGO`s (Non Governmental Organisations), which are not elected and have no political bias. Organization Chart Non-Governmental Organisations  · These are non-elected organisations, which advise the main government departments or ministries and through them advise the elected Minister of the day.  · NGO`s: Advise the department on policy. Co-ordinate activities. Produce strategic plans such as Tomorrows Tourism Today. Allocate government funds to all organisational and activities connected with tourism.  · Examples of NGO`s are: Visit Britain English Heritage Countryside Agency Sport England TASK 2 REPORT SECTION A: Communicating effectively can be the difference between the success and failure of any business endeavour. Effective business communication involves time-honoured practices and customs you can easily learn. These business communications best practices remain as relevant now as they were in the past. These best practices also apply to any form of business communication you choose to employ; whether it is a print brochure or an online website. Be Clear and Concise The most important business communication practice is to be clear with your message. Too often, business communicators load their messages with jargon and technical terms the intended audience cannot understand. Dont be vague. Use concrete terms and be specific. You should use clear, easily understood words. Avoid industry-specific terms and acronyms unless they are common knowledge to your audience. Err on the side of caution, however; dont assume you know what your audience will understand. Focus on Audience Effective business communication practices target a specific audience. Communicators should always ask Who is my audience? What is their level of knowledge about what you are presenting? What are their needs and values? Knowing the answers to these questions can help focus your message. Business communication author Ken OQuinn, writing for the International Association of Business Communicators, says you should frame your appeal in a way that makes it relevant to your audience. Your ideas need to be in their realm of experience, he writes. Dont Sell Features. Sell Benefits. Whether you are writing an internal memo or a sales brochure, your business communications should focus on value. A best practice is to sell benefitshow your idea or product will improve the lives of your internal and external customers. Selling benefits will grab attention and sustain interest far more than simply selling the features or physical attributes of a product or service. In an International Association of Business Communicators article, writing coach Daphne Gray-Grant says selling features is dull. Selling benefits generates excitement, she says, and leads to business communication with high impact. Use Multiple Channels Peter Lowy of the Business Communications Strategies group, Brookline, Mass., writes that you cannot afford to deliver your message using only one medium. The proliferation of media offers people numerous choices for consuming information. People have their preferences, and they process information at different times, Lowy says. In addition, for your communications practices to be effective, you should optimize your message for each medium. For example, a message delivered through a website will typically be shorter and more to-the-point than the same message in a print newsletter article. REPORT SECTION B: There are numerous advantages of teamwork in business. Some of the genuine advantages of teamwork have been discussed below. The following advantages of teamwork are not only applicable for businesses but they can also be noticed in departments that function with the help of united efforts. United Effort Teamwork in any business ensures that the task at hand is executed with the help of a united effort. The significance of the united effort is that the business organization that is concerned, functions like a single person, thereby enhancing the quality of the operations. There are, also, some other related factors, such as ensuring equality in profit-sharing and division of work. It also helps the members/owners of the organization to maintain a very good system, that designates appropriate authority and responsibility. A united effort, also, reflects good team building and team spirit. Division of Work Teamwork ensures that there is an equal and fair distribution of work within the organization. A fair work distribution ensures that every person or every working unit, executes any task at hand, with the best possible efficiency. The division of work, also, ensure that the work is done on time and deadlines are not extended. Reduction of Risk When the task at hand is executed with the maximum possible efficiency, there is a reduction in risk. The best advantage of teamwork in business is that the burden of failure is borne by all the members of the team and it does not fall on the shoulders of just one person. Specialization in Work Another very good advantage of teamwork in business is that a person is able to specialize in one specific field. That is, he can optimize the quality of the work that he does, and can also work with the maximum possible efficiency. This ensures a high quality output from all individuals and the whole team. Subordination of Personal Interest to Organizational Interest One of the biggest advantages of teamwork is that personal interest is subordinate to organizational interest. This ensures that all the team members put in the maximum possible efforts into their work, thereby ensuring a high quality and timely output. You must have noticed that the list of advantages points out to two basic facts that work when distributed reduces one persons workload and a reduced amount of

Friday, October 25, 2019

The Negro Leagues:History and Baseball Essay -- Baseball History Racis

INTRODUCTION   Ã‚  Ã‚  Ã‚  Ã‚  "Over the decades, African American teams played 445-recorded games against white teams, winning sixty-one percent of them." (Conrads, pg.8) The Negro Leagues were an alternative baseball group for African American baseball player that were denied the right to play with the white baseball payers in the Major League Baseball Association. In 1920, the first African American League was formed, and that paved the way for numerous African American innovation and movements. Fences, and Jackie Robinson: The Biography, raises consciousness about the baseball players that have been overlooked, and the struggle they had to endure simply because of their color. HISTORY OF THE NEGRO LEAGUES   Ã‚  Ã‚  Ã‚  Ã‚  In a more focused sense, the Negro Leagues were an alternative league all in its own. It was primarily established for African Americans so they could play baseball, since they were prohibited from experiencing any type or activity with whites. The reason this league was separate was because of the Jim Crow laws that had been enacted during the early 1900's, but in an opinionated note, I feel that whites simply didn't want to be outdone by their counterparts - African Americans. They basically stated that African Americans could not participate in any activity with whites, whether it is of public or unsocial nature. These laws displayed the mentality of the time, which inevitably filtered into the realm of baseball; at this point, segregation had gone so far as to prohibit any blacks from merely playing baseball with whites. It was not until 1933, when "a former pitcher, Andrew 'Rube' Foster, formed the first black league, called the Negro National League, which c ontained such teams as the St. Louis Stars, Pittsburgh Crawfords, Philadelphia Stars, New York Lincoln Giants, and the Newark Eagles." Then, "in 1937, the Negro American League was formed to rival the opposing Negro National League that consisted of the Memphis Red Sox, Kansas City Monarchs, Cleveland Buckeyes, Detroit Stars, and the Hilldale Daisies." (What Are†¦Leagues: Internet) The two leagues "continued to go strong until the color line was broken in 1947, when the great Jackie Robinson signed with the Brooklyn Dodgers." Because of this, "†¦the Negro National League folded following the 1948 season and the Negro American League [folded]†¦in 1960." (What Are†¦Leagues: Internet) Moreover, just... ...be an economic strength amongst the African American community. It was said, "By the end of World War II, when they were at their peak, the Negro Leagues were a two million dollar empire." (Conrads, pg. 9) In fact, it was "One of the largest black-dominated business in the country." (Conrads, pg. 9) In fact, it opened up new job opportunities for African Americans as the Negro Leagues gained popularity. It not only acquired money from the African American community, but also from the white community as well; white peoples were infatuated with the "show" that the African Americans put on for them - they thought African Americans playing baseball, was much like a sea - lion juggling. CONCLUSION Although there was a strong sense of inequality amongst the entire American society during this time, African American have prove to be aides in the process of making the game of baseball better for ht future, along with the mentality of the average American. "The African American teams were constant reminder that segregation and inequality existed." (Segregation in Baseball: Internet) What would baseball be without the greats such as Jackie Robinson, Willie Mays, or Ken Griffey Jr.?

Thursday, October 24, 2019

Student Council Speech

Good afternoon, My name is ______ and I am running for student council. Dedicated. Responsible. And Enthusiastic. These are three words that describe me, and three reasons why you should vote for me. I cannot promise that if I am elected we will be allowed to have no tests or have no homework. But I can listen to what you, the students have to say, and pass it on to the faculty. I will do my best to meet any student requests. The only promise I can make is that I will do my hardest to help you, the students, have a memorable school yearHere are some examples, we can do to earn more funds as well as activities; Students would have a â€Å"WAC † where they walk and talk (carefully) together and raise money for the school, . Another idea would be to have a â€Å"Green Day† where students and teachers would plant flowers and recycle water bottle caps. â€Å"Our Grade Wall†, where each grade gets a wall to decorate and it shows the artistic and fun side and leave thei r mark for other students to see when they graduate.Also, a â€Å"read for cause month† where all students and teachers read selected books and vote for their favorite book; then, a day set aside for â€Å"Students-vs. -Teachers Sports† activities where students and teachers can vs. each other with any sport. I would like to have â€Å"Movie Night† where we could watch a movie; â€Å"Jersey Day† where we can wear our favorite jersey from any team; and â€Å"Picnic Day† where we can all eat outside and play with our friends.Another Idea would be more fundraisers like bake sales, charity stands and more. Maybe more dress down days; clubs for 6th graders interested in sports and of course fund raisers. But, I can’t promise that everything will come true. I feel I am qualified for this job because I am straightforward, yet punctual and responsible in my work. I can assure you, if you vote for me, you will have a successful school year and school will be the most amazing and magical place to be not that it already is. Thanks, Raga Rachuru

Wednesday, October 23, 2019

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

Tuesday, October 22, 2019

THE MORAL ARGUMENTS AND POLITICAL ACTIONS OF THOSE OPPOSED T essays

THE MORAL ARGUMENTS AND POLITICAL ACTIONS OF THOSE OPPOSED T essays * ASSESS THE MORAL ARGUMENTS AND POLITICAL ACTIONS OF THOSE OPPOSED TO THE SPREAD OF SLAVERY IN THE CONTEXT OF TWO OF THE FOLLOWING. In the 18th and 19th centuries, land was a major commodity as the U.S. was able to collect large amounts of it and expand its territories all the way to the Pacific Ocean.   With these lands came the issue of slavery.   There were many people that opposed the institution of slavery while others who supported it.   There were moral arguments that were made that stated it was a gross violation of a sacred pledge to allow slavery to exist.   While others believed that slavery in new territories would mean more power for the south, many northerners opposed.   These debates led to growing disputes amongst both sides and southerners spoke of secession in the south endlessly.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In 1819, the key issue of slavery was brought up when a debate arose of whether to admit Missouri as a slave or free state into the United States.   Many people who lived in Missouri were of southern descent and had moved there in order to seek land for farming.   Many of these people pushed for slavery and wanted Missouri to become a slave state.   However, doing so would create a shift in government, as the South would gain more power.   Finally, in 1820, the Missouri Compromise was made, which was engineered by Henry Clay.   It stated that Missouri would enter as a slave state however Maine, formerly a part of Massachusetts, will be admitted as a free state.   In addition, a prohibition on slavery was made on any land above the 36-30 parallel, the southern boundary of Missouri.   This ultimately saved the Union from its first great sectional crisis over slavery, however many more were inevitable.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the mid 1800's, the idea of a transcontinental railroad was proposed that would run from the western parts of the U.S. to the eastern cities.   This would help to spread American democr...

Monday, October 21, 2019

Toilet Paper Icebreaker Games

Toilet Paper Icebreaker Games Social and business gatherings can be awkward at first, especially if participants dont know each other. Icebreaker games can help a host solve that problem and motivate guests  to break through their initial social fears, leading to a productive meeting or event. Try this toilet paper game to grease the social wheels. Grab a Roll Youll need little preparation. Just grab a full roll of toilet paper from the bathroom, and then: Take the roll of toilet paper, pull off several squares before handing it to another person and asking him to do the same.Continue this until all guests have grabbed a few pieces.Once everyone in the room has taken some toilet paper, each person counts the number of squares that she has grabbed and then tells everyone that number things about herself.For example, if someone has three squares, he would share three things about himself. Give an Example If you have a particularly shy group, spark the discussion with an example, suggests  Beat by Beat, a website focusing on drama and theater. The website gives the following example: If Isabel took five sheets, then, she might say: I like to dance.My favorite color is purple.I have a dog named Sammy.This summer I went to Hawaii.I’m really afraid of snakes. Beat by Beat says that you will also learn about participants personalities based on who took a greater number of sheets compared to those who tore off only a few. Extending the Game Leadership Geeks, a website focusing on leadership skills and team building, suggests extending this seemingly simple game to foster team-building, work habits, and social skills. After all of the  participants have torn off a few pieces of toilet paper and you have explained the rules of the game, notes the website: You may hear laughter and groaning when some realize they took too many squares.End the session by sharing a humorous moral: â€Å"Sometimes excess can be bad for you!†Ask participants: How many of you took more than what you knew you would need just in case? What does that say about your approach to life in general?What are some interesting things you have learned about your fellow participants? You can dissolve uncomfortable distinctions between those hoarding a large number of pieces and those who only grabbed two or three. Afterward, have everyone throw their sheets into the center, says Beat by Beat. This represents all the new information we now know about each other. Its amazing how much social traction you can gain with a simple bathroom supply. And, regardless of how many sheets participants tore off, youre likely to have plenty of paper left on the roll for your next event.

Sunday, October 20, 2019

Animal Farm Power corrupts

Animal Farm, by George Orwell, is a complex book, which conveys a lot information. The book is basically a parallel of the Russian Revolution, but Orwell also wrote this book with, as an objective, to understand the major theme: power corrupts. This theme is obviously presented in the novel, but to simplify your understanding of this essay, Napoleon will be used as an example of a corrupted individual by power. To conclude this introduction, the corruption of Napoleon will be presented under three aspects: Desire, Achievements and absolute power. Dishonest by those in power’, despite the dictionary definition of the word, corruptions could be used in many ways and contexts, here is an example: Napoleon’s, Squealer’s and Snowball’s nature has been corrupted by old Major’s speech. Only his words and idea corrupted the pigs’ nature. Napoleon forgot what he was and only foreshadowed what he would be as a leader. I think that this is the first step of how power corrupts someone. The desire of power makes Napoleon forget about his own nature because he only sees how he could rule the farm. This desire came from the pigs’ inferiority to Mr. Jones and to add some more Napoleon was for sale, so his value to the farm owner was even more relevant. It is the same story in the real life, with Joseph Stalin and the Tsar Nikolay Alexandrovich Romanov or Nicholas II. Stalin was a peasant which from nothing got the absolute power because the desire that he had to get it was so big and did some smart moves, just like Napoleon. Stalin took advantage from the situation to get out of his labor class. This communicates that we, inferior people, ‘’hate’’ so much powerful individuals. Not because they are because we would so much like to take their place. This feeling could be summarized with the word jealousy, desire and pride. Let’s get back to our pig, only the idea got him ready to take Mr. Jones’ place, by learning the alphabet and creating animalism as it is said at the page 13 of the novel. Those are two hints proving Napoleon’s corruption and so only because of an old individual who said I had a dream! Now that the corruption cycle started, our pig, Napoleon is ahead of the ‘’temporary government’’ followed with Squealer and Snowball. They took control of the farm and now get advantages which will get them attached to their power. They now could do anything from the farm as they are the leading group and they have Squealer which is all the propaganda that cover up their dishonest activities. One of these activities is stated at the page 14 when Squealer explains to the animals that the pigs need the milk and the apple for their health, that if the pigs were to get sick Mr. Jones would be back on the farm. So all the animals concluded that the milk and the apples shall be reserved for the pigs. We clearly see that the pigs are now manipulating he others animals, another proof that their intentions are again corrupted by power as if the pigs wouldn’t had it, they would never had lie to the other animals on the farm. It’s the same story in real life, Stalin and Trotsky, when Nikolay died, with the control of the Medias they (Squealer) they set up exactly what they wanted. More corrupted than the others, Stalin even took control of one Newspaper and made it the national journal calling it ‘’La Pravda’’ which means the truth in English, by doing so he gets another key to control the population. This show the ‘’Facette’’ of power that everybody would like: the benefits that corrupts. At this point, our individual, Napoleon has already reached a certain level of corruption as he gains more and more power. The last step he can reach is, absolutism and to do so he need to eliminate any other leader and get another way to control despite Squealer to gain the ultimate power. This is exactly what Napoleon will do, by chasing Snowball off the charm with the puppies he took from their mother as it is written at the page 21 of the book. Here we can see the complete corruption of Napoleon as he now has all the power he wanted, he does anything he wants even what is forbidden by the amendment, like drinking alcohol or sleeping in beds. In a parallel world, it’s the same story with Joseph Stalin, who exiled Trotsky, the only other leader that limited his powers. In the both world this complete corruption could be seen because of one detail. Both leaders killed to get their entire power without any problem, act that no slave, normal person or powerless human could do without getting punished. On a deeper level we can even say that by doing so the leaders corrupted their fate and souls because killing is the only way to ‘’divide’’ in a breaking way your soul. Finally everyone would absolutely like to get power as it gets you ‘’higher’’ than others, everyone would enjoy it as it gets you benefits and finally everyone would like to be upon everyone else as it’s human nature. The power really corrupts and one of the main reasons is that man will always want more: let’s take a guy in a Porsche parking beside a Honda civic, he will feel good but he know his power is limited as the dude at the cross light laughs in his Ferrari but even him feels limited when he see that family passing by on their yacht at port. Even them when they are enjoying the sun will see a private jet taking off they will know that the person inside is even more powerful. This cycle will never end because even the owner of this private jet will feel inferior to the guy in the space station with his clown nose. This only shows us that power corrupts because men will always want more as feeling such as happiness aren’t supposed to be developed with properties material and power.

Saturday, October 19, 2019

Philosophy subject Essay Example | Topics and Well Written Essays - 1000 words

Philosophy subject - Essay Example The question this scenario presents us students with is whether or not this boy is responsible for his actions. There are many philosophers that have very different answers to this troubling question. For purposes of this exam, I focus on Susan Wolf. Susan Wolf, the author of "Sanity and the Metaphysics of Responsibility," takes Frankfurt's views one step further, combining them with those views of Taylor and Watson. She puts forth the "Deep-Self View"(53), which basically stated, says that there is a deep self, which governs our actions and is influenced by our environment. This deep-self view allows for victims of brainwashing and persons with disorders like kleptomania to not be held responsible for their actions, even though they could have second-order desires about them. The reason for this is that these people's "wills are not governed by their deep selves, but by forces external to and independent from them"(53). Wolf separates desires "determined foreign to oneself from desires which are determined by one's self,"(54) or deep-self. This view allows for some determinism, while also providing a vehicle for a freedom of the will. However, Wolf admits that the deep-self view needs further revision for it to be feasible. The deep-self view would hold someone responsible of their actions every time their deep-self determines a desire not controlled by some external or foreign source. However, Wolf's example of JoJo, the son of a cruel dictator, shows that although JoJo's deep-self may truly want to do what is obviously wrong, he cannot be held responsible for his actions because of his upbringing. This idea is not reconcilable with Wolf's deep-self view at first. However, Wolf adds an addendum to her original hypothesis; namely, that the deep-self view holds true only if the individual is sane. The definition of sanity that Wolf uses the M'Naughten Rule, which states: "a person is sane if (1) he knows what he is doing, and (2) he knows that what he is doing is, as the case may be, right or wrong."(55). If a person were insane, i.e. did not have a grasp of the difference between right and wrong, then they would not be held responsible for their actions. By modifying the deep-self view in this manner, the case of JoJo is reconcilable with the deep-self view in that JoJo does not have an understanding of what is right or wrong, and therefore need not be held responsible for his actions. Wolf then summarizes her view by saying that "in order to be responsible for our actions, the sane deep-self view analyzes what is necessary in order to be responsible for our selves as (1) the ability to evaluate ourselves sensibly and accurately, and (2) the ability to transform ourselves insofar as our evaluation tells us to do so."(57) Thus, Wolf's idea of responsibility is dependent upon our ability to understand the difference between right and wrong and our ability to evaluate and change our deep-selves over time. When applying Wolf's sane deep-self theory to the case about the twelve year-old killer stated above, Wolf would most likely argue that the boy was responsible for h

Friday, October 18, 2019

Paul Cezanne,post impressiont artist.His bibliography and works Essay

Paul Cezanne,post impressiont artist.His bibliography and works - Essay Example This paper discusses in depth about the bibliography of Paul Cezanne and his works in the field of art. Paul Cezanne was born in 1839 by a single mother who later got married to his father when Paul was at five years of age. This separation of his parents at his tender age branded him with stigma of illegitimacy causing him discomfort. At the age of 13, Paul attended Bourbon College where he met Emile Zola. His opportunity to go to school was the beginning point of his long life dream and success. He always attended drawing classes at a nearby academy when he came from school. This made him yearn for more drawing skills and gave him the desire to become a well-known artist2. His old time pal, Emile Zola, still encouraged him while he was at Paris. He kept motivating him through letters to move to Paris and further his skill in painting. His father who was a successful businessperson never approved of his son’s desire to become an artist. He advocated Paul to purse law, which he did and performed extremely marvelous in his first examinations. Cezanne’s uncomfortable relationship with his father made him unable to approach him regarding his dream and passion of art. However, his desire to move to Paris overwhelmed is fear upon his father and he went ahead to tell him about his plans3. To his disappointment, his intention to leave for Paris and further his art was met with disdain. He dropped out of school and his father lost hope in persuading him to continue with his law classes. He then offered him some money to cater for his expenses at Paris. Life at Paris was not at all smooth for Paul Cezanne. He failed in his entrance exams and the most hurting point was the rejection of his paintings. He completely lost hope in his dream as an artist and went back home regretting why he had tarnished his father’s dream of wanting him to study law. However, to be successful, an individual has to struggle and persist despite the