Industrial Property Rights Essay Example | Topics and Well Written Essays - 1500 words

Industrial Property Rights - Essay Example The first software patent ever granted is probably a patent for a "computer having slow and quick access storage, when programmed to solve a linear programming problem by an iterative algorithm, the iterative algorithm being such that (...)" applied for in 1962 by British Petroleum Company . The patent relates to solving simultaneous linear equations. The USPTO has traditionally not considered software to be patentable because by statute patents can only be granted to "processes, machines, articles of manufacture, and compositions of matter". In particular patents cannot be granted to "scientific truths" or "mathematical expressions" of them. This means that most of the fundamental techniques of software engineering have never been patented. The USPTO maintained this position, that software was in effect a mathematical algorithm, and therefore not patentable into the 1980's. The position of the USPTO was challenged with a landmark 1981 Supreme Court Case, Diamond v. Diehr. The case involved a device that used computer software to ensure the correct timing when heating, or curing, rubber. Although the software was the integral part of the device, it also had other functions that related to real world manipulation. The court then ruled that as a device to mold rubber, it was a patentable object. The court essentially ruled that while algorithms themselves could not be patented, devices that utilized them could. This ruling wasn't as straightforward as many would have liked, forcing many electronic device makers into the courts to establish that their inventions were in fact patentable. Due to different treatment of federal patent rights in different parts of the country, in 1982 the U.S. Congress created a new court (the Federal Circuit) to hear patent cases. The new circuit rejected rulings from some parts of the country, and nationalized others. For example, the court made patents generally easier to uphold by presuming patents were valid unless proven invalid and weakening the defense of non-obviousness. This court allowed issues, such as patentability of software, to be treated uniformly throughout the US. Due to a few landmark cases in this court, by the early 1990s the patentability of software was well established, and in 1996 the USPTO issued Final Computer Related Examination Guidelines. See Software Patents under United States patent law. Also in 1998, the U.S. court of Appeals for the Federal Circuit, in the case of State Street Bank & Trust Co. v. Signature Financial Group, Inc. (1998), upheld as valid a patent directed to a computer-implemented business method designed to perform financial calculations and data processing for mutual fund investments. This case was important because prior to this decision, it was widely believed that business methods and systems were not patentable. The State Street case made clear that business methods were to be evaluated in the same manner as any other type of process. In 2000, the JPO followed suit and revised its Guidelines to allow for the patenting of computer-implemented business methods when there is clear "involvement of inventive step." Europe The European Patent Convention (EPC) serves as the basis for a harmonized system of patent protection for all members of the European Union. European patents have the same effect as patents granted by each nation under its own national patent laws. Article 52(1) of

Captain Murderer Essay Example for Free

Captain Murderer Essay The gleaming sunlight shone through the dense canopy, piercing his dull chocolate eyes. Edwins dark complexion absorbed the shimmering suns rays, whilst his fellow comrades blossomed vibrantly under the yellow array, and remained a shadow under the bulky oaks. The elves tracked a party of goblins for three vigorous days, hoping to annihilate their clan and finally end the chaos in the vast forest of Hallow. Their steps, as quick as a cheetah and as stealthy as a cat, manoeuvred through the harsh terrain of dense shrubs, decayed logs, and muddy foliage in search of their pray. Edwin was the first of the four to feel the rush of fatigue immersing him, and was left with a drought of energy. Now is not the time to linger comrade, we are right on their tails, stated Myrth, as his sharp eagle eyes glimpsed Edwins sudden loss of momentum. Im sorry fellow kindred, I am somewhat drained from the excess hiking, replied Edwin as he placed himself on a bare rock, gasping to fill his empty lungs with air. As he struggled for oxygen, Edwin looked down upon himself as he glimpsed expressions of displeasure amongst the others as his recovery spent precious minutes. The elves continued their hunt for the corrupted goblins, their magnificent and elegant bows gliding along their slender backs as they pass through the dense terrain. Edwin continued to trail behind due to his lack of stamina, and was continuously eyed for his incompetence. The group stumbled across a recently lit camp fire and was determined it was the goblins. We are drawing near, we must hurry! exclaimed Arwen. As the shimmering rays of the gleaming sun faded away into the glistening spark of the full moon, the elves drew nearer to their enemy. The rigorous trek continued to falter Edwin, but seemed to have had no effect upon the others. With a vague gesture of the hand for halt, Evariah spoke out in a whisper, her piercing eyes glaring in all directions, I sense the enemy nearby. Bows at the ready, the elves treaded cautiously in the dark, damp forest. All of a sudden, a brute axe shot out of the distance and was aimed straight towards Edwin. Myrths superior strength and speed enabled him to shoot an arrow of equal power to counter the anonymous blade, and it simply dropped onto the rigid ground. Out of the shadows, stepped forward a swarm of ravaging goblins with the vicious content to kill. It was an ambush! realised Arwen. Without hesitation, the elves engaged in combat, firing away graceful shots from their Elvin bows, and slashing blissfully with their glorious swords. Every shot and every slash was of perfect precision and targeted the enemys vitals, resulting in an instant kill. The elves started to struggle in holding their ground as the goblins numbers were substantially larger. As the night grew older, more blood was spilt and the elves could not maintain the goblins anymore. FALL BACK! shouted Myrth, FALL BACK! The elves swiftly evaded many of their fierce attackers and dashed into the dark, densely packed oaks. Followed closely behind, was the uproar of swarming goblins with monstrous axes in their demeaning grasp. Edwin followed Myrth and the others in escaping the large mass. As the gruesome wails grew less with every step, they were convinced that they had escaped the horrible goblins. Suddenly, a twisted cry fell upon their narrow-tipped ears and a goblin swung its sharp steel axe, piercing Edwins leg. Evariah quickly responded with a gracious swing of her divine blade across its distorted neck, and it fell instantly. Edwin roared in pain, and consequently attracted the rampaging goblins. We must flee now! exclaimed Arwen. The sound of screaming monsters gradually increased and the group grew ever more hesitant of the situation. I cannot move my leg, comrades! shrieked Edwin. He cannot make it. We do not have the strength to carry him in our current state, we must make haste! Leave him be. Arwen declared. There is no other choice Arwen is right. You will only drag us behind, agreed Myrth reluctantly. But wait! protested Edwin. However, it was too late. They made their decision. They turned their back on him. The volume of the endless wailing of goblins increased as the figures of his so called comrades dissolved behind the tall, solid oaks. Edwins insides burned in a feeling of sorrow, misery and anger. His wound was deep, but did not harm him more than his feeling of rejection. Well, well, well. Look at what we have! Elf Scum, claimed the goblin, proudly. Edwin could do nothing more but stare into the goblins red repugnant eyes and justify his comrades despicable actions. What? An elf that cant talk! Haha! laughed the goblin. Edwin made no sound but felt betrayed. He could do nothing more, his mind became obscured and blinded him the fact that he was surrounded by the enemy. He slowly panned his view in disarray, and then felt a large blunt object strike his head. Edwin woke up, and found himself in a large, foul pit, with a throbbing headache. Both his hands and feet were cuffed securely, and tried frantically to escape, but was all in vein. The sad and deprived elf sat there in the dusty corner, hugging his bare knees, asking himself, why? Heavy footsteps approached and the familiar face of the wretched goblin presented itself in front of Edwin again. Its grin revealed the black and decayed teeth behind those battered lips. What will you do with me? asked the elf bluntly. Its foul grin grew wider. Nothing, he simply replied. As an elf, you are immortal. So I am going to do nothing with you, and let you rot in that pit for the rest of eternity. The elf was not surprised, nor did he care. He simply sat there, staring at the moist soil surrounding him. After a long pause, the goblin blatantly asked, You are an elf. Why are you not as beautiful as the rest? Oh I am much more beautiful than they are. I would never have succumbed in letting one of my comrades fall behind and get captured, the elf replied, still staring into the vast shades of brown in the soil. Haha. Maybe they disowned you because of how hideous you are! laughed the goblin. Infuriated, the elf exclaimed That is a very bold statement, especially coming from the likes of you! With clenched teeth, deep breathing, and a violent glare in his eyes, the elf rose up and twisted his arms around his neck. He pulled the metal chains as tight as he could, and as the light from his dull, chocolate eyes faded away, dropped to the ground.

Jean-Baptiste Lully :: essays research papers fc

Jean Baptiste Lully was a prolific composer who is best known for establishing French Opera. (Boynick) Born in Florence on the 28th of November 1632, (Boynick) Giovanni Battista Lulli was a miller’s son. (Sadie 2000 pg 166) Lully first arrived in France in March of 1646 (Jean Baptiste Lully) to work as an attendant for a female courtier. (Sadie 2000 pg. 166) â€Å"During his six years in her household, Lully, already an expert at the guitar and violin, polished his skills as a performer and composer.† (Straughan (a)) He made a name for himself as a dancer in the court ballets. (Straughan (a)) He caught the attention of King Louis XIV and initially served him as "composer of instrumental music† (Straughan (a)) He soon took over compositions of entire ballets. (Straughan (a)) â€Å"Some time before 1656, he also took over responsibility for the string ensemble called the Petits violons, which he transformed into a group widely renowned for their discipline and artistic excellence.† (Straughan (a)) A clever diplomatist and thorough courtier, he completely won the royal favour, and in March, 1672, he succeeded in ousting Abbe Perrin from the directorship of the Academy of Music, also known as â€Å"the Academie Royale†. (Knight) â€Å"Ten years later he had consolidated his position by obtaining sole rights over all dramatic performances with singing.†(Sadie 2000 pg. 166) â€Å"Any production not affiliated with The Academie Royale was limited to two singers and six players.† (Jean Baptiste Lully) From that point on, he successfully founded modern French opera. â€Å"His involvement was not limited to musical composition. He collaborated with his poets in the production of libretti, and even took an interest in the acting and declamation of the performers. His insistence on discipline and high artistic standards in the opera orchestra was legendary† (Straughan (a)) â€Å"Louis XIV became ill in late 1686.† (Jean Baptiste Lully) While conducting a Te Deum on January 8, 1687, (Straughan (a)) to celebrate the king's recovery Lully accidentally hit his foot with the point of the cane he used to keep time. (Sadie 2000 pg. 166) This wound caused an abscess which proved fatal as Lully died on March 22, 1687. (Straughan (a)) Jean Baptiste Lully made significant contributions to French music. His initial compositions â€Å"ballets de cour† didn’t deviate from the Italian forms. (Straughan (a)) They were merely collections of dances and burlesque scenes. (Gregory) â€Å"A step in Lully’s progression from ballet to opera was the increased role of music in his ballets.

Children Growing Up to Fast

Scott 1 What if you were in the body of a transgender? How would you feel about your health? Is the cost and risk of health toward being trans worth it? Access to health care is a fundamental human right. Transgender people face the greatest barriers to qualify health care and finding acceptance. Transgenders are considered a minority and abnormal still in the generation today. Tran’s gender is a term used to describe people whose gender identity differs from their assigned sex at birth. Transgender persons are often reluctant to seek medical care through a traditional provider-patient relationship.Some are even turned away by providers. A doctor who refuses to treat a trans person may be acting out of fear and transphobia, or may have a religious bias against LGBT patients. It's also possible that the doctor simply doesn't have the knowledge or experience he needs. Furthermore, health care related to transgender issues is usually not covered by insurance, so it is more expens ive. Whatever the reasons, transgender people have sometimes become very ill because they were afraid to visit their providers.Tran’s persons may hide important details of their health history from their doctors. Perhaps they fear being denied care if their history is known. Even many years after surgery, they may omit the history of their transition when seeing a new provider. Patients should see their provider as an equal partner in their health care, not as a gatekeeper or an obstacle to be overcome. Health risk factors of trans people needs to be exposed to others. National gay and lesbian task force and National Centers for Transgenders surveyed: .Nearly 1 in 5 (19 percent) reported being refused care outright because they were transgender or gender non-conforming. .Survey participants reported very high levels of postponing medical care when sick or injured due to discrimination and disrespect (28 percent). .50 percent if trans do not have any form of health insurance. .Harassment: 28 percent of respondents were subjected to harassment in medical settings. Scott 2 .Significant lack of provider knowledge: 50 percent of the sample reported having to teach their medical providers about transgender care. Respondents reported more than four times the national average of HIV infection, 2. 64 percent transgender compared to 0. 6 percent in the general population (Tanis). Transgender man Jay Kallio is shining a light on LGBT discrimination in the medical community. After his own physician failed to inform him of a cancer diagnosis. When Kallio, 56, underwent a medical exam at a major New York hospital, he claims that the surgeon appeared bewildered by his patient's body. Though the doctor ordered a mammogram, he failed to inform Kallio that the lump on his breast had tested positive for cancer.Kallio, which transitioned from female to male six years ago, learned of his condition â€Å"accidentally† when a lab technician called to inquire about the diagnosis. â€Å"Which diagnosis? † Kallio asked, bewildered as well. â€Å"I kept hitting this stone wall of non-acceptance,† Kallio told the New York Daily News (Reynolds). Laws that protect transgender: The Affordable Care Act (passed by President Obama) prohibits sex discrimination in hospitals and other health programs or facilities receiving federal financial assistance.In recent years, courts have increasingly held that sex nondiscrimination protections prohibit discrimination against people who are transgender or who fail to conform to gender stereotypes. The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of individually identifiable health information, including information related to a person’s transgender status and transition. It also gives patients the right to access, inspect, and copy their protected health information held by hospitals, clinics, and health plans.A state and local nondiscrimination law, nearly eve ry state prohibits sex discrimination in public accommodations, which usually includes health care facilities. The following states, as well as more than 150 cities and counties, also currently explicitly prohibit both gender identity and sexual orientation discrimination in health care facilities: California, Colorado, Connecticut, District of Columbia, Hawaii, Illinois, Iowa, Maine, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. Others laws that stops discriminationScott 3 are Medicare and Medicaid regulations, Hospital Accreditation Standards and The Nursing Home Reform Act. (â€Å"Health care rights and transgender people†). Cross-gender hormone therapy give desirable feminizing (or masculinizing) effects, but carries its own unique risks. Average monthly cost of prescriptions range from $50-200 and hormone therapy can last up to 2 or 5 years depending on how long it takes to fully achieve the body figure you want. Hormones are d elivered through the body by oral ingestion pills, injections, pellets under the skin.Vaginal cream or patch (â€Å"Transgender Health†). Estrogen has the potential to increase the risk of blood clotting, high blood pressure, elevated blood sugar, water retention; reduction of sperm count, decrease of male sex drive, changes in hunger patterns. Anti-androgens such as spironolactone can produce dehydration, low blood pressure, and electrolyte disturbances. Testosterone, especially when given orally or in high doses, carries the risk of liver damage and increased risk of Alzheimer’s disease. Hormone use should be appropriately monitored by the patient and provider.Some trans people tend to obtain hormones and other treatment through indirect means, by passing the health care system. Taking hormones without supervision can result in doses too high or too low, with undesired results. Trans can minimize some dangers of hormone therapy by regular checkups, exercise, and work ing closely with a doctor to follow a healthy diet (â€Å"Hormones and their effects†). Hormone-related cancer (breast in trans women, liver in women or men) is very rare but should be included in health screening. A greater worry is cancer of the reproductive organs (â€Å"Access to Care and Cancer Disparity Fact Sheet†).Trans men who have not had removal of the uterus, ovaries, or breasts are still at risk to develop cancer of these organs and are unlikely to have a mammogram. Tran’s women remain at risk, although low, for cancer of the prostate. They avoid prostate screening because they do not identify with that part anymore. Furthermore, some providers are uncomfortable with treating such cancers in trans people. Some cases have been reported in which persons delay seeking treatment, or are refused treatment, until the cancer has spread (â€Å"Facts for life Lesbian, Gay, Bisexual†).Scott 4 Cardiovascular health refers to the heart and blood of a hum an being. Many trans people use smoking to cope with stress. Trans persons may be at increased risk for heart attack or stroke, not only from hormone use but from cigarette smoking, obesity, hypertension, and failure to monitor cardiovascular risks. Tran’s women may fear that a provider who finds them at risk for cardiovascular disease will instruct them to stop their hormones, and so they do not seek medical attention even when they have early warning signs of heart disease or stroke.Tran’s people can reduce their risk by cutting down/ stop smoking, limit alcohol use, eating healthy, being physically active, and not taking more hormones than what’s been prescribed. Alcohol abuse is common in transgender people who experience family and social rejection, and the depression with accompanies such rejection. Alcohol combined with sex hormone administration increases the risk of liver damage. Tobacco use is high among all trans persons, especially those who use toba cco to maintain weight loss. Risks of heart attack and stroke are increased in persons who smoke tobacco and take estrogen or testosterone.Also an increased risk of lung and liver cancer due to taking hormones and doing drugs. A study showed 59% of teenagers who identified themselves as transgender reported using tobacco products, compared to 35% of straight teenagers (â€Å"ALCOHOL, TOBACCO & OTHER DRUG PROBLEMS†). Many trans people are overweight. Exercise or fitness is not a priority, and they may be working long hours to support their transitions. A healthy diet and a frequent exercise routine are just as important for trans persons as for the public.Exercise prior to sex reassignment surgery will reduce a person's operative risk and promote faster recovery. Also it will help your cardiovascular health by reducing blood pressure, mental stress, and improving blood circulation. Trans people, especially youth, may be rejected by their families and find themselves homeless. They may be forced into sex work to make a living, and therefore at high risk for STDs including HIV. Other trans people may practice unsafe sex when they are beginning to experience sexuality in their desired gender. Safe sex is still possible even in transgender relationships (CiChocki).Some reuse or share needles to inject their hormones because of the Scott 5 insurance industry’s unwillingness to cover hormonal therapy. As in any population, these sexual behaviors and sharing needles increase HIV transmission risk (â€Å"HIV among transgender people†). Some trans women want physical feminization without having to wait for the effects of estrogen. They expect injectable silicone to give them â€Å"instant curves. † The silicone is toxic to the body it could migrate into the tissues of the body and cause disfigurement, pain, swelling, and blistering of the skin.It is usually not medical grade, may contain many contaminants, and is often injected using a shared needle. Hepatitis or HIV/ AIDS may be spread through use of contaminated needles. Also toxic poisoning due to low-grade, non-medical silicone. Hormones or plastic surgery is the safest options for feminizing the body. The National Coalition for LGBT Health has deemed injection silicone use among transgender populations in the U. S. (â€Å"HEALTH IMPACT OF ADULTERATED SILICONE ON TRANSGENDER HEALTH†). For many reasons, trans people are particularly prone to depression and anxiety.In addition to loss of family and friends, bullying and harassment in school, social isolation, they face job stress and the risk of unemployment. Tran’s people (especially children/ teens) who have not transitioned and remain in their birth gender are very prone to depression and anxiety. Suicide is a risk, both prior to transition and afterward or overdosing on hormones . One of the most important aspects of the transgender therapy relationship is management of depression and/or anxiety. Chr onic stress is known for heart disease.For trans people who are not out, the stress of keeping the secret and fear of being discovered as trans can be trandensly stressful. Living in a transphobic society, they believe there is something wrong with being trans. Being uncomfortable around other trans people, not accepting yourself as a trans or having low self-esteem. For some people peer support and activism are useful ways of overcoming and building pride. Professional counseling can also be helpful. LGBT task force surveyed a staggering: . 1 percent of respondents reported attempting suicide compared to 1. 6 percent of the general population. .At least one transgender is murdered every month Scott 6 .55 percent of trans youth report being physically attacked .More than half tran was bullied, harassed or assaulted in school because of their identity and has tried to commit suicide. (In my opinion words kill people) An example could be 31 year old in Philadelphia, Stacy Blahnik (tra nsgender) was found murdered in her home on October 11, 2010 by being strangled to death (â€Å"Glaads transgender resources†). See picture of Stacy on after work cited page) This issue is closely similar to the article A Boys Life by, JoAnn Wypijewski. On October 7, 1997 a young, gay, collage boy named Matthew Shepard was brutally beaten, tied to the fence and left to die. He was found 18 hours later unconscious. Matthew was taken to a hospital, where he later died. The author suggests that the murder of Matthew by Aaron McKinney and Russell Henderson was not because he was gay but because Aaron and Russell were straight. It was considered a hate crime because of Matthews’s sexual orientation (Wypijewski 589-591).Our goal today is to improve health, safety and wellbeing lesbian, gay, bisexual, and transgender (LGBT) individuals so they feel accepted into the world. We are all made the same. We all have a heart, a brain, etc. But why do we judge people by their appeara nce and their thoughts or mind? Or what type of person they are? For all you know they could be sweet and kind but you never knew that because you didn’t give them a chance or get to know them. I know two transgender from school. Named Sean from Salem Hyde elementary and Aliyiah from Henninger high school.I gave them a chance and we still talk on and off today. Tran’s people will always face discrimination, bullying, violence feel hatred, and be confused. But it’s up to us to stop it by trying to help them, put Tran’s people in media so people could get used to seeing Trans people, being their friend, participating in antidiscrimination organizations, having neutral bathrooms, and standing up to them. If a majority of people in our world did this maybe Tran’s people would feel they are normal and accepted in society. What do you think?

Leadership Skills

Leadership Assignment – 1,500 words â€Å"Leadership is a skill that anyone can learn and successfully apply† Discuss. Nothing happens without leadership. Nothing changes without leadership. Nothing develops without leadership. Nothing improves without leadership. Nothing is corrected without leadership. Everyone, everywhere, every time is always being led. Leadership is perpetually exercised daily whether by a politician, priest, parent, boss or teacher. Leaders are not born. They are made through a never ending process of self study, education, training and experience backed up with a strong desire and willpower. They grow out of opportunities and projects. What is leadership? Leadership is therefore a process by which a person influences others to accomplish an objective and directs a group in a way that makes it more cohesive and coherent. Leadership is also the capacity to influence others through inspiration generated by a passion, motivated by a vision, birthed by conviction and produced by a purpose. Leaders carry out this process by applying their leadership attributes such as beliefs, values, ethics, character, knowledge and skills. There are three basic ways to explain how people become leaders; they are: a)Some personality traits may lead people naturally into leadership roles. This is called trait theory b)A crisis or important event may cause a person to rise to the occasion, which brings out extraordinary leadership qualities in an ordinary person. This is the great events theory. c)People can choose to become leaders through the learning of leadership skills. This is the transformational leadership theory. In this theory, the leader his team to be effective and efficient. Usually, communication is the base for goal achievement focusing the group on the final desired outcome. The leader is highly visible and uses a chain of command to get things done. Transformational leaders focus on the big picture, needing to be surrounded by people who take care of details; the leader is always looking for ideas that move the group to reach their vision. Factors of leadership: There are four major factors in leadership, they are: a)Follower: Without followership, there is no leadership. It is through the followers that the leader gets his vision/s accomplished. The leader must know his/her people. The fundamental starting point is having a good understanding of human nature, such as needs, emotions and motivation b)Leader: The leader must have an honest understanding of who he is, what he knows and what he can do. Since it is the followers, not the leader who determines if a leader is successful. ; if they don't trust or lack confidence in their leader, then they will be uninspired. To be successful as a leader, you have to convince your followers, not yourself or superiors, that you are worthy of being followed. )Communication: leadership is through a two way communication system, much of which is non verbal. For instance, when the leader â€Å"sets the example† that communicates to his team that he would not ask them to perform anything that he would not ask them to do. What and how he communicates either builds or harms the relationship between him and his team. d)Situation: All are different. What is done in one situation will no t always work in another. The leader must use his judgement to decide the best course of action and the leadership style needed for each situation. For example, you may need to confront a team member for inappropriate behaviour, but if the confrontation is too late or too early, too harsh or too weak, then the results may prove ineffective. Various forces will affect these factors. Examples of forces are relationship with seniors, the skill of your team, the informal leaders within the team and how the team is organised. Skill is the ability coming from one's knowledge, practice or aptitude to do something well; since leadership is a skill, there is therefore the need to learn and grow in the application of leadership abilities. Good leadership is a result of the active practice and application of the rights skills which can become a part of the leader's style over time. Below are some essential leadership skills that should be learnt and practised for optimum performance, they are: a)Setting an example: This is the most persuasive leadership skill. A good leader sets a positive example in these ways: Following instructions: following instructions, obeying the law and carrying out tasks in the recommended manner points out that rules and procedures are important. Showing initiative: A good leader must do what has to be done without waiting to be told or forced to act. An effective leader respects the good suggestions of the group member and encourages each person to show initiative. Acting with maturity: An effective leader shows good judgement. The group members see that the leader's personal behaviour is directed towards accomplishing the task. Knowing the job: Generally, a leader should have a mastery of the skills to be used. If not, the leader must apply the resources of the group towards achieving the task. Keeping a positive attitude: a positive attitude is vital as an example to group members. The leader's personal frustration or discouragement should never be apparent. Failure should be considered a potential learning process . Enthusiasm is contagious. b)Counselling: counselling in one form or another goes on constantly as the leader works with the members of the group. It can be used to encourage or reassure an individual, to develop a more effective member of the group or help solve a specific problem. Counselling is helpful when a person needs encouragement, should have more information bearing on his or her tasks, needs helping in interpreting facts or is uncertain about what to do or the leader feels the need to correct a situation. There are six keys to good counselling: Listen carefully. Give undivided attention to what the person is saying. Ask yourself â€Å"Do I understand what the person is trying to say Summarize frequently to assure understanding , keep on track and check what is being told Additional information might be all that is needed. The person might not have all the facts or might not know all the resources available. The counsellor must be sure to give information, not advice The person must be encouraged to think of different ways of handling the problem. Above all, the counsellor must not give advice. The objective of counselling is to lead the individual to his or her own solution. c)Communication: This involves several factors such as receiving, storing, retrieving, giving and interpreting information. It is important that members of a group communicate freely with each other. To improve one's skills in communicating as a leader, the following needs to be done; Pay attention and listen carefully. Make notes and sketches Ask questions and repeat your understanding of what was said Be sure others are listening before you speak Speak slowly and clearly Draw diagrams, if needed. Ask those receiving information to take notes Have the listeners repeat their understanding of what was said. Encourage questions. d)Controlling group performance: A leader influences the performance of the group and individual members through his/her actions. A group needs control as an engine needs a throttle to keep it from running itself into the ground. A group works together best when everybody is headed in same direction. If a plan is to be properly carried out, someone must lead the effort. Control is a function that the group assigns to the leader to get the job done. Control happens as a result of recognising the difference between where the group is and where the group is going. The leader is responsible for developing a plan to help the group get to its goal. Setting the example is the most effective way of controlling the group. e)Evaluation: The skill of evaluation helps leaders to measure the performance of a group/team in getting a job done and working together. It suggests ways in which the group/leader can improve its performance. There are two basics categories of evaluation questions. After any event or activity, these questions should be asked: Was the job done? Was the job done right? Was the job done on time? Were relationships between group participant helped or hurt? Was participation equally distributed among group participants? Did the group enjoy the activity? Did the group handle conflicts well? f)Planning: This is a very essential skill that must be learnt by any leader striving to succeed on his/her assignment. The following is a simple process for developing planning skills: Consider the task and objectives. What do you want to accomplish? Consider the resources- equipment, knowledge, skills and attitude Consider the alternatives. Brainstorm Reach a decision, evaluating each option. Write the plan down and review accordingly Execute the plan Evaluate the plan g)Effective teaching: Effective teaching is a process to increase the knowledge, skills and attitude of the group. The focus is on learning, not teaching. Therefore, for teaching to be effective, learning must take place. The following steps are necessary for effective teaching to take place; they include; Choosing the learning objective Providing a discovery experience that helps the learner understand the need for the skill Demonstrating or explaining the skill Allowing the learner to practice the skill Evaluating the process

Netflix Strategic Analysis Essays

Netflix Strategic Analysis Essays Netflix Strategic Analysis Paper Netflix Strategic Analysis Paper Netflix | Strategic Analysis (Nov 2007)| | Netflix, the online subscription-based DVD rental service aimed to better satisfy customer in a way competitors didn’t, customized and personalized service with unlimited monthly rentals from a great variety of film offerings. Now they want to leverage their strengths to enter into the Video on Demand market| | | 9/18/2009| | 1 1 3 3 6 7 Table of Contents 1. Netflix Strategic Analysis 2. Netflix vs. Blockbuster: Comparative assessment of strategic differences 3. Netflix Competitive Advantage 3. 1 Home video industry Positioning Perspective 3. VRIO Perspective 4. Video On Demand (VOD) – Strategic Advantage i 1. Netflix Strategic Analysis Netflix, an online subscription-based DVD rental service aimed to better satisfy customer in a way competitors didn’t, with unlimited monthly rentals from a great variety of DVD offerings and personalized service. Netflix created a distinctive value proposition by understanding customer needs and competition offerings; Netflix found the sweet spot to align the firm’s capabilities with the customer needs in a way that competitors could not match them, creating unique activities to deliver to that gap(1). To take the movie rental to the next level, Netflix used the internet instead of rental stores and offered service only to DVD users while rental stores were still renting VHS. The combination of internet and DVD technology made competition irrelevant, by reaching in an untapped market, Netflix expanded existing industry boundaries and reached for the blue ocean(1). Netflix started building their offering from customer’s frustration such as narrow diversity of films and stressful return due dates which implied late fees. Netflix was able to hold large amounts of inventory in their warehouses without having the physical space constringency of a rental store, added convenience of delivery and the unlimited monthly rentals of a subscription model, and using technology for customization and personalization of their service. Leveraging best practices from internet retailers (ebay, Amazon) helped Netflix to identify characteristics that were most appealing to internet customers (2). Understanding what customer valued allow Netflix to strengthen their critical success factors. . Netflix vs. Blockbuster: Comparative assessment of strategic differences. 1 Blockbuster focused their strategy on impulse rental customers, while Netflix focused on customers that desired selection and for which watching movies was a way of entertainment. While Blockbuster business relied on newest release (70% of revenue came from hit movies) (2) they kept a narrow variety of movies and their financial success depended highly in ma ximizing the rental of those hit movies in inventory. To be able to increase utilization, the movies had a return due date and late fees would be applied if returned after. Netflix business model promoted lower profile films, while working in new relationships with studios to lower cost and quicker access of new releases (only 30% of revenue came from new releases)(2). Netflix continued making deals with movie producers and acquiring movies to enlarge the diversity and size of their DVD library; simultaneously applied the subscription model which allowed customers to reach an unlimited amount of movies per month (keeping three at a time). Blockbuster scope was to expand geographical coverage nationwide, owning most of their stores (80%) and franchising the rest (2). Netflix had a similar geographical goal, creating more distribution centers (inexpensive warehouses) improving upon its national wide coverage and reducing delivery time. Using technology to develop a recommendation system and personalized their service, Netflix had established a strong market position with a large and solid base of subscribers by the time Blockbuster entered the online movie rental business. Blockbuster had the power of high retaliation and leverage from their already established brand and existing products, so they integrated its online model with its traditional store business, eliminating late fees, copying Netflix business model and under-cutting price to gain market share, but still it did not offset their loss of revenue by 2005. 2 Blockbuster was too confident in their brand and their reach that failed to see the threat from the online rental business, meanwhile Netflix took advantage of their slow entrance to build a market and leverage on growing technology (DVD) that took off really quickly. The strategy canvas shown in Figure 1 captures how Netflix’s strategy differs from Blockbuster’s and their areas of differentiation. Netflix shifted their focus to alternative new offerings, building on critical success factors that could not be matched by Blockbuster, even when they entered the online video rental. Figure 1. Strategic canvas of home movie rental 3. Netflix Competitive Advantage 3. 1 Home video industry Positioning Perspective 3 To understand Netflix’s positioning in the home video industry offering of movies in the comfort of the home it is useful to employ Porter’s 5 forces framework to identify the gap they are filling and their strengths and weaknesses. Threat of Entry: To be able to start up a home video business would require a significant investment capital. Although the required capital for infrastructure could be medium to low (open a store and do minimum amount of marketing), it could be expensive for new entrants to invest in movies to create the necessary inventory, especially without relationships with movie studios and producers. Also retaliation could be expected from larger players if the new business poses a threat. For a possible entrant, high differentiation (for example convenience or diversity) would be necessary to be able to succeed. The threat of entry would be considered medium to low, but Netflix saw the opportunity to get into the industry by highly differentiating themselves to be able to compete. Threat of Substitution: Alternatives to the home video industry would be: first, movie theaters, expensive and lack the convenience of watching the movie in the comfort of the house. Second, to watch a movie through commercial television, it takes longer time to be available and is interrupted by commercials. Third, to watch movies through the internet, on the computer; it may be convenient, but not comfortable. Also, a customer always has as an option not to spend their free time watching movies. The substitutes are weak until technology allows for easy, quick and cheap movies to be downloaded through the internet and transfer to the TV. The threat of substitution is low. 4 The power of buyers: The source of dissatisfaction of customers comes from the narrow selection of movies and the rental due dates resulting in late fees. It becomes expensive for those who are volume customers and have to pay large amounts of money. But buyers have low switching cost as there are several options for renting movies, despite this fact, individual customers do not hold bargaining power over the price of products in this market since one customer’s decision to buy the service or not will not affect the overall market at all; similarly one customer’s dissatisfaction will not influence other customers significantly. The level of dissatisfaction with the service would promote a widespread response in the presence of a differentiated product that is more convenient and satisfactory for customers. Netflix â€Å"invested in things that were strategically relevant to customer satisfaction potential† (2) taking advantage of discontent of the underserved customers which increased buyers’ switching cost and decreased the buyer power. The power of supplier: High up-front investment is necessary to be able to acquire films. Without direct relationships with major studios, the industry depended on a small number of movie distributors to acquire the movies with little or no discount increasing the supplier power. Netflix built relationships with major film producers to decrease the up-front cost of new releases by splitting additional revenue; they were able to acquire more movies in a timely manner to satisfy demand. â€Å"As Netflix built its film library, it grew in importance as a distribution channel for many small and independent film studios† †¦ â€Å" Netflix acquired the distribution rights to certain independent films through its Red Envelope Subsidiary†(2). All the actions taken helped Netflix to both decrease the supplier power while increase their movie selection. The mail delivery system had also a major role as Netflix’s supplier. They highly depended on USPS for the success of their model (delivery and return of movies in a timely manner). Netflix took advantage of the declining first class mail industry and strengthen their relationship with USPS, receiving discounts while working on an efficient plan to expedite deliveries and returns and improve customer satisfaction. 5 Rivalry: The home video industry had been highly populated by small and large players with little differentiation offering, basically commodity service in a larger and smaller scale. Blockbuster had been the leader for a long time and smaller â€Å"mom and pops shops† did not present strong competition. The rivalry could be considered medium. As industry grew in a constant pace, more people demanded a wider selection with more convenience; this allowed Netflix to get into the industry with a differentiated product that allowed them to succeed. 3. 2 VRIO Perspective Netflix initial strategic advantage was based on differentiation from using the internet to select the movies, their unlimited monthly movies from the subscription based system with no late fees, the wider inventory of movies and the use of mail for delivery, very different from Blockbuster’s offering. It was a good strategy over the short term, but it only gave Netflix a temporal competitive advantage as anybody could copy what they were doing. To build a sustainable competitive advantage Netflix dedicated a lot of resources to make their offering unique; this helped them to further differentiate themselves. This strategy leveraged the value proposition of convenience and selection by personalizing their offering and building strong relationships between their system and their customers, their intent was to increase customer retention, offering features that customers could not find at any competitor, and that would be too difficult for a competitor to copy. Netflix invested in technology that allowed them to get to know customers using surveys, movie reviews and monitoring rental trends. All this permitted Netflix to give customers accurate recommendation of movies based on customer likes while having a queue of movies that would be shipped to them on priority basis. Using their core strengths and building rarity and difficulty of imitability, as observed in the VRIO analysis in Table 1, Netflix customer data base and personalized offering allowed them to have a sustainable competitive advantage in delivering home video entertainment. 6 Table 1: Netflix critical success factors – VRIO break down | Resources| V| R| I| O| | Physical| | | | | | | Technology| * | * | | * | TCA| Logistics| * | * | | * | TCA| | Geographical reach| * | | | * | | | Wide selection| * | * | * | * | SCA| | Brand| * | * | | * | TCA| | Convenience Easy access| * | * | | * | TCA| | Customer database| * | * | * | * | SCA| Organization| | | | | | | Knowing customer| * | * | * | * | SCA| | Recommendation| * | * | * | * | SCA| | Subscription| * | * | | * | TCA| | No late fees| * | * | | * | TC A| | Relationship with studios| * | * | | * | TCA| Human| | | | | | Team commitment| * | * | * | * | SCA| TCA – Temporary Competitive Advantage (Strength and distinctive competence) SCA – Sustainable competitive Advantage (Strength and sustainable distinctive competence) 4. Video On Demand (VOD) – Strategic Advantage While Netflix â€Å"believed that the DVD rental market would remain healthy for years in the future†(2), they also recognized, just as they did when entering the DVD market, the need to take advantage of the fast pace growing technology and enter the VOD market in its early stages in order to maintain ts superior â€Å"position as a giant in the media industry†(2). Unlike Blockbusters’ response when Netflix first appeared with a product so different from theirs, rather than seeing the new offering as an option that would appeal only to a niche market(2), Netflix acknowledged the VOD offering as a service that would benefit the mass market needs(2). 7 VOD presents two main challenges, the first is the hardware requirements to allow connectivity between the computer and television, adopting streaming offering would allow Netflix to establish in the VOD market while waiting for the technology to develop. The second is â€Å"the current limitations in available content† (2). Adopting the VOD business as a separate service could hurt Netflix’s â€Å"wide selection† image making it difficult to satisfy its wide range of customers. While Netflix must continue pressuring the studios to let them have more available films in VOD, choosing the option of integrating a streaming online video feature in their core offering, would allow them to build on their current differentiation strengths: unlimited monthly rentals from a great variety of movies and personalized service. New customers interested in the VOD offering would also enter in the data base helping further growth of Netflix’s customized and personalized system while taking advantage of their variety of DVD movies still not available through VOD. In the initial stages, both DVD online rental and VOD would complement each other. It would be expected for the streaming online video feature to increase popularity while overcoming the technical challenges of VOD. At the same time, the DVD rental business would be expected to decline. This strategy would help them transition effectively in the market. It will be easier to convert its customer from DVD’s delivered movies to VOD rather than acquiring new customers from scratch. Finally, integrating the current offering with the streaming online video while leveraging from their distinctive competencies, ultimately will give Netflix a sustainable competitive advantage â€Å"to allow for the best home video viewing for its customers† (2). References (1) W. Chan Kim and Renee Mauborgne, â€Å"Blue Ocean Strategy: From Theory to Practice† California Review Management, 2005. (2) 8 8 7 7 Willy Shih, Stephen Kaufman and David Spinola, â€Å"Netflix†, Harvard Business School, November 19, 2007.

The Anzick Clovis Burial Site in Montana

The Anzick Clovis Burial Site in Montana The Anzick site is a human burial which occurred approximately 13,000 years ago, part of the late Clovis culture, Paleoindian hunter-gatherers who were among the earliest colonizers of the western hemisphere. The burial in Montana was of a two-year-old boy, buried beneath an entire Clovis period stone tool kit, from rough cores to finished projectile points. DNA analysis of a fragment of the boys bones revealed that he was closely related to Native American people of Central and South America, rather than those of the Canadian and Arctic, supporting the multiple waves theory of colonization. Evidence and Background The Anzick site, sometimes called the Wilsall-Arthur site and designated as Smithsonian 24PA506, is a human burial site dated to the Clovis period, ~10,680 RCYBP. Anzick is located in a sandstone outcrop on Flathead Creek, approximately one mile (1.6 kilometers) south of the town of Wilsall in southwestern Montana in the northwestern United States. Buried deep beneath a talus deposit, the site was likely part of an ancient collapsed rock shelter. Overlying deposits contained a profusion of bison bones, possibly representing a buffalo jump, where animals were stampeded off a cliff and then butchered. The Anzick burial was discovered in 1969 by two construction workers, who collected human remains from two individuals and approximately 90 stone tools, including eight complete fluted Clovis projectile points, 70 large bifaces and at least six complete and partial atlatl foreshafts made from mammal bones. The finders reported that all of the objects were coated in a thick layer of red ocher, a common burial practice for Clovis and other Pleistocene hunter-gatherers. DNA Studies In 2014, a DNA study of the human remains from Anzick was reported in Nature (see Rasmussen et al.). Bone fragments from the Clovis period burial were subjected to DNA analysis, and the results found that the Anzick child was a boy, and he (and thus Clovis people in general) is closely related to Native American groups from Central and South America, but not to later migrations of Canadian and Arctic groups. Archaeologists have long argued that the Americas were colonized in several waves of populations crossing the Bering Strait from Asia, the most recent being that of the Arctic and Canadian groups; this study supports that. The research (to an extent) contradicts the Solutrean hypothesis, a suggestion that Clovis derives from Upper Paleolithic European migrations into the Americas. No connection to European Upper Paleolithic genetics was identified within the Anzick childs remains, and so the research lends strong support for the Asian origin of the American colonization. One remarkable aspect of the 2014 Anzick study is the direct participation and support of several local Native American tribes in the research, a purposeful choice made by lead researcher Eske Willerslev, and a marked difference in approach and results from the Kennewick Man studies of nearly 20 years ago. Features at Anzick Excavations and interviews with the original finders in 1999 revealed that the bifaces and projectile points had been stacked tightly within a small pit measuring 3x3 feet (.9x.9 meters)  and buried between about 8 ft (2.4 m) of the talus slope. Beneath the stone tools was the burial of an infant aged 1-2 years of age and represented by 28 cranial fragments, the left clavicle and three ribs, all stained with red ochre. The human remains were dated by AMS radiocarbon dating to 10,800 RCYBP, calibrated to 12,894 calendar years ago (cal BP). A second set of human remains, consisting of the bleached, partial cranium of a  6-8-year-old child, were also found by the original discoverers: this cranium among all the other objects was not stained by red ochre. Radiocarbon dates on this cranium revealed that the older child was from the American Archaic, 8600 RCYBP, and scholars believe it was from an intrusive burial unrelated to the Clovis burial. Two complete and several partial bone implements made from the long bones of an unidentified mammal were recovered from Anzick, representing between four and six complete tools. The tools have similar maximum widths (15.5-20 millimeters, .6-.8 inches) and thicknesses (11.1-14.6 mm, .4-.6 in), and each has a beveled end within the range of 9-18 degrees. The two measurable lengths are 227 and 280 mm (9.9 and 11 in). The beveled ends are cross-hatched and smeared with a black resin, perhaps a hafting agent or glue, a typical decorative/construction method for bone tools used as atlatl or spear foreshafts. Lithic Technology The assemblage of stone tools recovered from the Anzick (Wilke et al) by the original finders and the subsequent excavations included ~112 (sources vary) stone tools, including large bifacial flake cores, smaller bifaces, Clovis point blanks and preforms, and polished and beveled cylindrical bone tools. The collection at Anzick includes all reduction stages of Clovis technology, from large cores of prepared stone tools to finished Clovis points, making Anzick unique. The assemblage represents a diverse collection of high quality, (probably un-heat-treated) microcrystalline chert used to make the tools, predominantly chalcedony (66%), but lesser amounts of moss agate (32%), phosporia chert and porcellanite. The largest point in the collection is 15.3 centimeters (6 inches) long and some of the preforms measure between 20-22 cm (7.8-8.6 in), quite long for Clovis points, although most are more typically sized. The majority of stone tools fragments exhibit use wear, abrasions or edge damage which must have occurred during use, suggesting this was definitely a working toolkit, and not simply artifacts made for the burial. See Jones for detailed lithic analysis. Archaeology Anzick was accidentally discovered by construction workers in 1968  and professionally excavated by Dee C. Taylor (then at the University of Montana) in 1968, and in 1971 by Larry Lahren (Montana State) and Robson Bonnichsen (University of Alberta), and by Lahren again in 1999. Sources Beck C, and Jones GT. 2010. Clovis and Western Stemmed: Population Migration and the Meeting of Two Technologies in the Intermountain West. American Antiquity 75(1):81-116.Jones JS. 1996. The Anzick Site: Analysis of a Clovis Burial Assemblage. Corvallis: Oregon State University.Owsley DW, and Hunt DR. 2001. Clovis and Early Archaic Period Crania from the Anzick Site (24PA506), Park County, Montana. Plains Anthropologist 46(176):115-124.Rasmussen M, Anzick SL, Waters MR, Skoglund P, DeGiorgio M, Stafford Jr TW, Rasmussen S, Moltke I, Albrechtsen A, Doyle SM et al. 2014. The genome of a Late Pleistocene human from a Clovis burial site in western Montana. Nature 506:225-229.Stafford TWJ. 1994. Accelerator C-14 dating of human fossil skeletons: Assessing accuracy and results on New World specimens. In: Bonnichsen R, and Steele DG, editors. Method and Theory for Investigating the Peopling of the Americas. Corvallis, Oregon: Oregon State University. p 45-55.Wilke PJ, Flenniken JJ, and Ozb un TL. 1991. Clovis Technology at the Anzick Site, Montana. Journal of California and Great Basin Anthropology 13(2):242-272.