Internet Trespass

Internet Trespass A letter to my sister regarding her website ideaHi Sis,I think that you may have quite a good idea about an amalgamation site for online dating. It would probably be a good money making site for you if you do it properly. Though I think you should look at what happened to a company called Bidder's Edge. Here is a little information that I researched for you to consider.Bidder's Edge was a site that had been created to search many online auction sites and compare the prices of similar items sought by its members. E-Bay however did not like what the company was doing and E-Bay sought to prevent Bidder's Edge from crawling its site, claiming that Bidder's Edge was going onto its site 100,000 times a day, thereby placing a burden on its systems. This was not the activity that a typical user could ever generate.Personal Property (film)Rather than claim intellectual property infringement, E-Bay alleged that by searching items listed for sale Bidder's Edge was trespassing on its site. Bidde r's Edge was not trespassing in the sense of causing damage just by their undesired presence; they were actually doing damage by accessing E-Bay so much that they accounted for a significant percentage of E-Bay's bandwidth. It had nothing to do with linking and everything to do with what amounted to a small-scale Denial of Service bandwidth plus computing resources attack.The court found that Bidder's Edge had interfered with and "damaged" E-Bay's site - and therefore its place of business. (Wolverton, 2000) Bidder's Edge was forced to cease gaining information about E-Bay's site in that manner, but it was free to pursue another other approaches not directly prohibited in the trial. In other words, the government has supported the view that databases are...

Analysis of Unilever operating in Brazil

Analysis of Unilever operating in Brazil As given in the case study, Unilever in Brazil has a strong 81% market share by means of its three brands: Omo, Minerva and Campeiro. Question at hand is whether or not to market detergents to lower income consumers in North-Eastern Brazil and how to go about it. It was believed by many in the company itself that Unilever should not fight in the lower end of the market where even small local entrepreneurs with a lower cost structure struggled to break even. So is the opinion of Fernando Machado, category manager for detergents who believes that Unilever shouldn’t divert money from their premium brands and invest in a low price brand. But since the lower income segment isn’t tapped by any of the giants of the detergent industry in Brazil it provides ample opportunity to the company for growth in this segment. Also there is a need for good products matching the flagship brand Omo but something which is affordable at the same time to the Northeastern women as clearly seen by the example stated about Maria ConceiÇà £o. TREND IN BRAZIL: As per case study it is known that Northeasterners believe bleach is a must for removal of stains, they prefer scrubbing clothes; addition of bleach for stain removal is an important factor followed by a little use of detergent powder only in order to make the clothes smell good. Thereby we can see that use of detergent is restricted only to giving a favorable smell. For the Northeasterners frequency of clothes washing is more due to more time at hand and lesser number of clothes owned. Also cleanliness is perceived as important despite of their low income survival. Cleaning of clothes for them is also seen as a measure of dedication of the woman of the family. Hence Unilever faces the challenge of changing few of the age old perceptions and yet successfully making a mark in the lower income segment. For this Unilever will have to convert the laundry soap users into an Omo class user. This is a long term strategy but yet a feasible one   [ 1 ]    WHY CHOOSE LOWER INCOME GROUP: Enter lower income group segment before P&G penetrates there Detergent market in this segment will always be a cash cow Need gap analysis shows that there is an existing need for good detergents in this market IMPLICATIONS OF MOVE: SHORT TERM IMPLICATIONS: First mover advantage, shift of investment of money in low price brand from premium brands LONG TERM IMPLICATIONS: Market leader in low income detergent market, without a shift in Omo customers the new brand will be able to attract lower income customers WHAT SHOULD BE DONE? There are various options with Unilever. Namely, Launch a new product in the market targeting the lower income consumer without cannibalizing its own premium brands extensively – Reposition one of its existing brands Have a cheaper version of Omo/Minerva Carry out an extension of one of the existing brands I believe that Unilever in Brazil should carry out PRODUCT LINE EXTENSION. Hereb y they should introduce an additional item in the same product category. Unilever should have an extension of its brand Minerva named Minerva Progress (similar to Omo Progress which removes difficult stains without bleach and laundry soap). Minerva Progress should be positioned between Omo and Minerva

International business law Assignment Example | Topics and Well Written Essays - 2500 words

International business law - Assignment Example In civil proceedings the wronged party has the sole discretion to pursue his rights, make a compromise or, if he so wishes, fail to bring proceedings or even discontinue proceedings in the course of the trial of a case. The case of Donoghue v Stevenson which falls under the law of torts and is part of civil law is a good illustration that civil law is meant to uphold the rights of individuals. A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for the consumption of Mrs Donoghue) in a cafe in Paisley. Having consumed half of it, Mrs Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The House of Lords decided that the manufacturer was liable for Mrs Donoghue's illness. Criminal proceedings, on the other hand, are meant to enforce law and order in the interests of the co mmunity (Brody et al 2000), generally by punishing the offender. Proceedings are usually undertaken by the Crown, although private prosecutions are possible but very rare, and once started can be discontinued only by the Attorney-General. On the face of it, a civil offence is a wrong against an individual, whereas a criminal offence is a wrong against the community, but such a line is difficult to draw. The intention of the criminal law is to ensure that every citizen knows the boundaries of acceptable conduct in the UK, for example it is clearly unacceptable conduct to steal from another individual – thereby it is necessary to have the criminal law of theft under the Theft Act 1968. This clearly applies to other criminal offences such as murder and rape. The wrong is against the society. A breach of the criminal laws imposed by society will be seen as a wrong against society as a whole. Therefore if the boundaries of acceptable conduct in the UK have been exceeded by an indi vidual and that individual has been caught they will face prosecution by the state and will receive appropriate punishment such as a fine, imprisonment or a community sentence. References Brody, David C.; Acker, James R.; Logan, Wayne A. (2000). "Introduction to the Study of Criminal Law". Criminal Law. Jones & Bartlett Publishers. ISBNÂ  0-8342-1083-5 Donoghue v Stevenson ([1932] A.C. 532, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1 Evaluate the role of common law and legislation within the English Legal System Common law Common law is based largely on judge-made law (law developed through decisions by judges necessary to decide cases brought before them or case-law) The development of case-law still remains an important source of law. A statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow. Whether or not a particular pronouncement (technically called a precedent) by a judge sitting in court when decid ing a case does become binding (according to the doctrine of "stare decisis" - stand by what has previously been decided) on later judges depends on two main factors: The pronouncement must be made by a court of sufficient seniority. Basically, judges at the lowest tiers of decision making (often called courts of first instance), are not allowed to issue binding precedents. The pronouncement

Most human behaviour and most of our decisions are rational. Discuss Essay

Most human behaviour and most of our decisions are rational. Discuss - Essay Example The latter is viewed as being a model that is extremely descriptive (Newell & Lagnado & Shanks, 2007. 33). Rational intently, is the word that describes people who engage in decision making. It must be known that at the same time, human beings are adaptive and goal oriented in all their actions. The factors, which often make them not make decisions that are rational, are emotional architecture and human cognitive. The latter is often experienced when human beings are in a situation whereby, they have to make decisions, which are extremely important. Many people make irrational decisions when under duress. It is important to avoid making irrational decisions during such times but to maintain calm until such a point that rational decisions is practical. Anger management is an important tool in decision making for it ensures rational rather than irrational decisions are made. Politics is an area where people have to constantly make decisions, which are rational. This is in accordance to a model that is utility classic expected. Evidence that supports this model is of a scientific nature. It has been proven through research, that decisions which are rational are not always possible. A person’s environment plays an essential role in determining whether people make decisions that are rational (Hastie & Dawes, 2001. 42). There is a misconception, which exists between the decision maker responsible for making choices and the environment where decision making occurs. A factor, which may take the form of incentives, can either be negative or positive and it affects decision making. The existence of techniques that are statistical as well as standardized, enable people to distinguish between factors, which are random, and those that are systematic. In turn, it is possible for rationality to be present in making decisions. According to Jonathan Baron (2008. 65), when people are

African Reaction :: essays research papers

How the European Settlers Further Oppressed the Native Africans   Ã‚  Ã‚  Ã‚  Ã‚  In the last few readings and cases studies, women and the peasant farmers were the subject and target of much of the white European aggression. The whites saw the women and peasants as minor threats to their occupation of the land and used this idea to further the oppression in African states. Chapter 11   Ã‚  Ã‚  Ã‚  Ã‚  In the Orange Free State the main target of the white oppression of blacks were women. Women were subjected to mental and physical abuse routinely in their everyday lives. To see that there were documented accounts of rape by police men and physical brutality towards women for simply not complying to the regulations set by the whites is sickening and disheartening for all of the human race. However, it is encouraging that even after twenty years of battling and trying to get some sort of relaxation of rules, that the resistance stayed strong and true.   Ã‚  Ã‚  Ã‚  Ã‚  After the ‘native policy’ was passed which tried to keep women at home and working primarily for themselves and their children, there was a shortage of labor in the towns took the women out of the rural homes and into the urban setting of domestic employment. This meant more civilized work for black women, which as a result led to a stronger economy base.   Ã‚  Ã‚  Ã‚  Ã‚  This was not the end result of the oppression that the black women would receive. They were forced to carry passes and the black women united on May 28, 1913 to vow that no matter what actions that the whites did to them they refused to carry the passes. This is known as a passive resistance. A nonviolent display by the women that frustrated the whites more than anything. The whites tried to crush the resistance many times and succeeded, but only for a short time. This resistance was finally resolved and the women were allowed to live without carrying passes. The resistance by this group of black women set the standard for all women, all classes included, that when united, victory is a realistic and possible goal. Chapter 15   Ã‚  Ã‚  Ã‚  Ã‚  In the Giriama resistance, there was a leader, someone that called all the women together to unite and to make a stand to the British oppression and that was Mekatalili. Mekatalili acted as a politician for the women bargaining and working for the rights of African women. The women realized that it was much easier to follow someone that had an understanding of their oppression.

Sociological Analysis of the Presidential Election of 2012

Sociological Analysis of the Presidential Election of 2012 from a Structural Functionalist Perspective and a Conflict Perspective. As the presidential election draws closer, we could vividly view our society from social conflict and structural functionalist perspectives. The democratic process helps us to ask why do we accept and embrace democracy, how does it influence our social patterns and functions; and how does democracy really work for the stability of our society.In this essay, I will analyze the presidential election of 2012 using sociological perspective with emphasis on manifest and latent functions, class, race and gender conflicts. It is a known fact that democracy and demography are like Siamese twins that cannot be separated. These demographics include gender, race, age, disability, wealth, employment status, and locations. Politicians have used, and still using, these elements to know which group is the best to appease. On gender issue, the two prominent political par ties, Democratic and the Republican Parties, know that â€Å"females voters make up 52% of the US electorate† (Bloomberg News).These women tend to vote for any political party that caters to their needs. Also, race is part of political consideration. The African-Americans, Asian-Americans, the Hispanics and White are different voting blocs which the politicians must woo. According to the online Hispanic News, â€Å"the recent release of National Census data confirms that â€Å"50 million Latinos are part of the American electorate†. Not only the Hispanics are increasing in population, the African American grew by 1. 6% in 2010 while the Asian-American are recently declared, by CNN, as the â€Å"fastest growing minority in the US†.Another demographic to be considered is age. Steven Thomma and William Douglas of McClatchy Newspaper said, â€Å"Statistics show that older white and rich voters are more reliable electorates than the young voters; they tend to vote Republican Party†. The question now is how all these fit into our sociological perspective. I will start by looking at the manifest function of our democracy. In truth, democracy has helped to stabilize and also create unity among citizens. It has become a recognized and accepted process which everyone look forward to periodically.It is intended to involve all qualified adults in picking their next leaders. The sense is that once everyone is involved, then the majority will be pleased with the government. However, as much as there has been good governance through democracy, there have also been some unintended consequences too. These consequences can be seen by examining the latent function of our democracy. Today, one can hardly watch TV or listen to the radio without seeing or hearing the fracture that exists in the political system of our country.Citizens have been divided into two or more groups based on their party affiliations. The divide is so obvious that parties are n ot willing to compromise on any issue. The result is a stagnant government, and no reasonable policies have been passed into law. It is hard to know if this fraction is recognized but we surely know that it is unintended. Aside from stability and loyalty which democracy brought into our society, we have seen inequality that generates conflicts. These conflicts can be seen in class, race and gender.On Class, according to Real Cleat Politics, the Pew Research Center found in 2008 that six out of ten Americans say that the Republican Party â€Å"favors the rich†. Real Clear Politics went further to state how the Republican policies give tax break to the rich and the Democrats want tax breaks for the middle class and the poor. This situation has created a permanent wide gap between the rich and the poor. Another conflict is race; it is not surprising that the political parties are trying to woo the ethnic group with the highest population.The Democrats are trying to lure the Hisp anic with immigration reform while the Republicans are trying to solidify their White base with a promise of deportation of illegal immigrants. Both sides are aggressively marketing their ideas to each race for votes. According to US Catholics News, â€Å"these problems have led to family division, causing a heavy toll on children and families of Hispanic community’. The Hispanics are not the only group suffering from this political division, The African- American, the Asian-American, the Indian-Americans and all other minorities are all struggling to fit into the social structure.For all of these, one can easily see both the minorities and the majority voting along their party line. The minority ethnic groups tend to vote for Democrats while the majority ethnic group votes Republican. Another well observed social conflict can be seen in gender. The gender issue has brought out many social issues. From woman’s health, contraceptives and abortion, parenthood and womanh ood, the list goes on and women are taking their stands on issues that concern them. The women are the largest electorate in US.LA Progress, an online News Journal, after series of research, simply concludes that â€Å"Women will decide 2012 Presidential Election†. For this reason, politicians are coming up with policies that will benefit women. However, not all these policies are favorable to all women. For example, the pro-life advocates want abortion abolished, the pro-choice advocates wants abortion to be part of preventive healthcare programs. The debate has generated so much heat that some abortion clinics were burned down and some abortion doctors were murdered.With all these issues in mind, pro-choice women mostly vote for Democrats while pro-life women mostly vote for Republicans. Men have been the agitators for gun rights. Policies are fashioned to give them freedom to own guns without any restrictions; these policies have led to the availability of street guns. The lovers of guns mostly vote republican while the pro-gun control group mostly votes for republicans. It is important to mention here that National Rifle Association, the best known body that represents gun rights advocates, has both male and female members.Above all, this election is very unique because from the look of things, the minorities especially the Hispanic and women are increasing in population and they will determine the election outcome. The Hispanic and women mostly vote for Democrats while Asian-American, the fastest growing minority, mostly votes for Republicans because of their conservative values. In all, the political landscape is definitely shifting from what it used to be. We will all see the political party it favors in November. References: Bloomberg News:

Writing an Inquiry Business Letter for ESL Students

When you want to ask a business for more information concerning a product or service or for other information, you write an inquiry letter. When written by consumers, these types of letters are often in response to an advertisement seen in a newspaper, magazine, or commercial on television. They can be written and mailed or emailed. In a business-to-business setting, a companys employees can write inquiries to ask the same types of questions about products and services. For example, a company representative may want information on buying products wholesale from a distributor, or a growing small business may need to outsource its bookkeeping and payroll and want to contract with a firm. For further types of business letters, you can find examples of  different types of business letters to refine your skills for specific business purposes, such as making inquiries, adjusting claims, writing cover letters, and more. Hard-Copy Letters For professional-looking hard-copy letters, place your or your companys address at the top of the letter (or use your companys letterhead stationery) followed by the address of the company you are writing to. The date can either be placed double-spaced down (hit return/enter twice) or to the right. If you use a style that has the date on the right, indent your paragraphs and do not put a line of space between them. If you keep everything flush to the left, dont indent paragraphs, and put a space between them. Leave a line of space before your closing, and four to six lines of space for you to have room to hand-sign the letter. Emailed Inquiries If you use email, its easier on the readers eyes to have paragraphs with a line of space between them, so flush everything left. The email will automatically have the date of when it was sent, so you do not need to add the date, and youll need only one line of blank space between your closing and your typed name. Place your company contact information (such as your  telephone extension so someone can get back to you easily) at the bottom after your name.   Its easy to be too casual with email. If you want to appear professional to the business youre writing to, stick with the rules and tone of formal letter writing for the best results, and proofread your letter before sending it out. Its so easy to dash out an email, hit Send right away, and then discover a mistake upon rereading. Correct errors before sending to make a better first impression. Important Language for a Business Inquiry Letter The start: Dear Sir or Madam or To Whom It May Concern (very formal, used when you do not know the person to whom you are writing). If you know your contact already, thats better than being anonymous.Giving reference: With reference to your advertisement (ad) in... or Regarding your advertisement (ad) in...  Give the company context to why youre writing, right away.Requesting a catalog, brochure, etc.: After the reference, add a comma and continue could you please send me information on...Requesting further information: If you have more that youre seeking, add, I would also like to know... or Could you tell me whether...Summary call to action: I look forward to hearing from you... or Could you please give me a call between the hours of...Closing:  Use Sincerely or Yours faithfully to close.Signature: Add your title on the line following your name. An Example Hard-Copy Letter Your NameYour Street AddressCity, ST Zip Business NameBusiness AddressCity, ST Zip September 12, 2017 To Whom It May Concern: With reference to your advertisement in yesterdays New York Times, could you please send me a copy of your latest catalog? Is it also available online? I look forward to hearing from you. Yours faithfully, (Signature) Your Name Your Job TitleYour Company Name