An Old Fisherman in The Old Man and the Sea by Ernest...

On July 21, 1899, Ernest Hemingway was born to Grace Hall-Hemingway and Clarence Edmonds Hemingway in Oak Park, Illinois. He started off his writing career in high school, when he was writing sports articles for the high school newspaper. From there, he moved on to writing for the Kansas City Star, where he learned to write in his unique short sentences, declarative, writing style. From journalism, Hemingway moved on to the military life and met a nurse in Milan that was his inspiration for â€Å"A Very Short Story†, and â€Å"A Farewell to Arms†. After his recovery, Hemingway moved on to Europe. Further down the road, Hemingway wrote â€Å"The Old Man and the Sea (1951)†, which would earn him the Pulitzer prize in 1951. In 1954, Hemingway earned the Nobel Prize for Literature. Soon after, Hemingway wrote â€Å"A Moveable Feast†. On the morning of July 2, 1961, Hemingway committed suicide in his Idaho home. Certainly Hemingway had his fair share of problem s, but we will soon see what one of the greatest writers had to say about an old man in a vast sea. In â€Å"The Old Man and the Sea†, we are told a story of an old fisherman named Santiago that has an 84 day run of bad luck which includes Santiago not being able to catch fish and the loss of Santiago’s fishing mate, Manolin. As the story progresses, Santiago heads far out to fish and ends up hooking the biggest fish of his career, an eighteen foot marlin. After a day of eating raw fish, immense soul searching, and marlin wrestling,Show MoreRelatedAn Analysis Of Ernest Hemingway s The Old Man 1678 Words   |  7 PagesErnest Hemingway?s The Old Man in the Sea is one of his most memorable books. He was trying to send us all a message about the struggles of everyday life. He wrote the book with minimal amounts of characters but with many examples of symbolism. The way Hemingway wrote this novel he left it open for interpretation despite his claim that there no hidden messages. Hemingway?s use of symbolism was very evident in this book. Many of us can interpret each symbol differently. Some critics believe hisRead MoreMarlin off the Morrow: A Cuban Letter Written by Ernest Hemingway1107 Words   |  5 Pageswritten by Ernest Hemingway. The essay details the escapades of a Cuban fisherman dragged out to sea by marlin. By the time he was found, sharks had destroyed the man’s great catch.1 This essay is the basis for the story of the main character, Santiago, in Hemingway’s novella, The Old Man and the Sea.1 Published almost twenty years later, in 1952, The Old Man and the Sea is considered a classic American novel. The story is deceivingly simple, involving an unlucky elderly fisherman, Santiago,Read MoreThe Old Man And The Sea1009 Words   |  5 PagesThe Old Man and the Sea is a Pulitzer prize-winning novella written by Nobel award-winning author and journalist Ernest Hemingway. Hemingway endured many tragedies, from the wounds of his t ime in war and even during two successive plane crashes in which Hemingway was permanently injured. Throughout it all, however, Ernest Hemingway still stood with great honor and took pride in his humility. These are the characteristics that really led Hemingway to greatness and success. His book is the story ofRead MoreEssay about Hemingways Themes1593 Words   |  7 PagesHemingways Themes â€Å"Hemingway’s greatness is in his short stories, which rival any other master of the form†(Bloom 1). The Old Man and the Sea is the most popular of his later works (1). The themes represented in this book are religion (Gurko 13-14), heroism (Brenner 31-32), and character symbolism (28). These themes combine to create a book that won Hemingway a Pulitzer Prize in 1953 and contributed to his Nobel Prize for literature in 1954 (3). â€Å"Santiago’s ordeal, first in hisRead MoreOld Man and the Sea1537 Words   |  7 Pagescase of Hemingway there is something that looks so like a keyÂ… that it cannot escape any informed and thoughtful readers notice (OConner 153). Ernest Hemingway was one such author. Very rarely did he summarize statements, therefore the only way to solve his puzzle was to take it apart and examine each components. One of the hidden elements that the reader must analyzie closely is the parallel between Santiago and Jesus Christ. In the novel, The Old Man and the Sea, Ernest Hemingway creates connectionsRead MoreThe Old Man And The Sea1121 Words   |  5 Pagesthe author of The Old Man and The Sea, Ernest Hemingway. Gertrude, an American novelist, poet, playwright and art collector, served as a mentor for Ernest. The novelist also served as a godmother to Ernest along with her companion, Alice B. Toklas. Ernest Hemingway used his experience with Gertrude in his 1952 book, The Old Man and The Sea. Santiago and Manolin share a relationship similar to Ernest Hemingway and Gertrude Stein. Throughout The Old Man and The Sea, Ernest Hemingway provides countlessRead MoreThe Old Man And The Sea By Ernest Hemingway1599 Words   |  7 PagesNew York, NY USA 10027 Dear Pulitzer Prize Judging Board: The Old Man and the Sea by American author, Ernest Hemingway deserved the Pulitzer Prize it received because of the author s use of craft elements, the realness of all of the characters and events, and the lasting themes that are relevant to the year it was written that were created by this realness, which in turn created a legacy. The first reason The Old Man and the Sea deserved its Pulitzer Prize is because of the author’s use of craftRead MoreEssay on Santiago as Code Hero in The Old Man and the Sea1619 Words   |  7 Pages In Ernest Hemingway’s novel, The Old Man and the Sea, Santiago demonstrates the traits of the code hero. The Hemingway’s code hero covers the principal ideals of honor, courage, and endurance in a misfortune life. Throughout the novel, Santiago shows a contrast between opposite attitudes and values which associate his behavior with the guidelines of the code. In this case, the depiction of conflicting values, such as dignity despite humility, perseverance despite despair, and victory despite defeatRead MoreErnest Hemingways The Old Man and the Sea1685 Words   |  7 Pagesâ€Å"The Old Man and the Sea† by Ernest Hemingway follows an older Cuban fisherman named Santiago who struggles with a giant marlin, â€Å"the biggest fish he had ever seen and bigger than he had ever heard of† (Hemingway 63), far out in the Gulf Stream. Two days and two nights pass in this struggle. Santiago, completely worn out and almost in delirium, uses all the strength he had left in him to pull the fish onto its side and stab the marlin with a harpoon putting an end to the long battle between the oldRead MoreThe Old Man and the Sea: The Parallel Between Santiago and Jesus Christ1499 Words   |  6 Pagescase of Hemingway there is something that looks so like a key†¦ that it cannot escape any informed and thoughtful reader’s noticequot; (O’Conner 153). Ernest Hemingway was one such author. Very rarely did he summarize statements, therefore the only way to solve his puzzle was to take it apart and examine each components. One of the hidden elements that the reader must analyzie closely is the parallel between Santiago and Jesus Christ. In the novel, The Old Man and the Sea, Ernest Hemingway creates

The Techniques Used by Bartle, Bogle and Hegarty to...

The Techniques Used by Bartle, Bogle and Hegarty to advertise Levis From the mid 1950s onwards, jeans have been especially associated with particular types of male American youth heroes, including James Dean, the young Marlon Brando, and their sixties followers - heroes who have become symbols of the youth and rebellion in almost all Western cultures. Before World War Two jeans were worn as mens work wear, so that workers had something comfortable to wear but after World War Two, the jeans became very popular with the war heroes who were returning from fighting. Through the 1960s and 1970s, ever since the exportation of jeans from America during the heady days of rock and roll, the†¦show more content†¦They were always considered the tough guys. They thought they could get anything they wanted, and everyone liked and admired them even though they were rebels. Everyone between the age of 15-19 years wanted to be like them and the Levis commercials encouraged teenagers to go out and buy some jeans so they could be rebels too. This is exactly what Bartle, Bogle and Hegarty wanted. They produced a sequence of cinema and television advertisements. All of the advertisements have a shot of the protagonist and show how he will do anything to protect his jeans. For example, in the advertisement The Beach, the Levis Man gets his dog to keep guard over his jeans. Also in the Pawnbroker, the protagonist has to get some money for his car. When he leaves, the owner points to his jeans. You could tell he really didnt want to sell them but had to, in order get some money. All the Levis commercials display an image of sex, youth, freedom and rebellion. In the advertisement Parting, the Levis Man gave a woman a pair of Levi 501s. The women took the jeans home and put them on. To illustrate the image of sex in this advertisement, they show close-ups of the jeans being put on and the buttons being done up slowly. All the songs used in the advertisements were number one hits. The music was

Google Free Essays

string(206) " that one can say that print is co-existing with digital technology and a time will come when digitization will marginalize print just like the keyboard and computer has marginalized the use of typewriter\." computer law security report 24 (2008) 253–260 available at www. sciencedirect. com www. We will write a custom essay sample on Google or any similar topic only for you Order Now compseconline. com/publications/prodclaw. htm Copyright, Google and the digitization of libraries Armageddon on the digital superhighway: Will Google’s e-library project weather the storm? Akhil Prasad, Aditi Agarwala Gujarat National Law University, India abstract This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘fair use’ as a concept of U. S. copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author’s Guild Publishers has been examined and an attempt has been made to justify the act of Google under the fair use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the copyright laws to be rewritten for the digital age. Recourse has been made to numerous case law to appreciate the concept of fair use and this paper concludes by holding Google’s project of digitizing copyrighted books as ‘fair’ as it ful? ls the primary aim of copyright law which is ‘‘encouragement of learning’’ and ‘‘dissemination of knowledge’’. ? 2008 Akhil Prasad Aditi Agarwala. Published by Elsevier Ltd. All rights reserved. 1. Copyright – A stimulus to creativity Innovation and creativity are the tools to climb the progressive ladder of humanity. It is not only to b e encouraged by allowing the intellectual mind to reap the fruits of his labor through trade and commerce but also prevent his loss/detriment by prohibiting unauthorized and unscrupulous persons or entities to unjustly enrich their pockets. This can be done through sales on the sly or, enhancing their reputation or marketability of the work under their hand, by lifting the copyrighted material and incorporating/merging it in their own without the permission of the author, often minus any acknowledgement and with the intent to improve or increase the marketability. Copyright encourages the creative efforts of authors, artists, and others by securing the exclusive right to reproduce works and derive income from them. The copyright law embarked as a codi? ed body of law when the Statute of Anne received the assent of the British Parliament in 1710. The very nature and purpose of the statute was twofold: the ? rst to promote learning or dissemination of knowledge1 and the second, to prevent any other person, save the author, to print or reprint the literary work for a limited duration. The most important part in terms of relevancy to the subject matter of this article is perhaps the ? th clause of Anne’s statute which mandated that ‘nine’ copies of each book, shall be kept in nine libraries (one copy each), of the stated Universities therein for the purposes of accessibility and dissemination of knowledge to the public at large thus promoting literacy and thereby social good, and a stringent monetary penalty was attached, in case of noncompliance of the aforementioned clause. The statute also envisaged a formal system of price control and redress mechanism as well. Thus, it is observed that at the time when the foundation of the modern copyright law was being laid down, the legislative intent was to further or promote dissemination of knowledge but at the same time the private right of the author was being respected and protected. In essence, it 1 The Preamble to the Statute of Anne, 1710 is worded as ‘‘An Act for the Encouragement of Learning’’. 0267-3649/$ – see front matter ? 2008 Akhil Prasad Aditi Agarwala. Published by Elsevier Ltd. All rights reserved. doi:10. 1016/j. clsr. 2008. 01. 002 254 computer law security report 24 (2008) 253–260 as a ? ne balancing act in which the author’s right was secured and at the same time, his right was not impeding the ‘encouragement of learning. ’ The centuries old common law statute continues to impact and in? uence the copyright law countries such as the U. S. wherein the framers of the U. S. Constitution relied on this statute when draftin g the Copyright Clause of their Constitution which reads as The Congress shall have Power. to promote the Progress of Science. by securing for limited Times to Authors. the exclusive Right to their respective Writings. Moreover, the Congress directly transferred the principles from the Statute of Anne into the copyright law of the United States through a recommendation to the States to enact similar copyright laws, and then in 1790, with the passage of the ? rst American federal copyright statute. The U. S. Supreme Court has observed that the primary objective of copyright is not to reward the labor of authors, but ‘‘to promote the Progress of Science and useful Arts. ’’3 Books in the electronic format do away with universal problems faced by the print book such as their physical nature which exposes themselves to deterioration as they age. The digital book on the other hand can be produced and reproduced at minimal cost, blinding speed and unfailing accuracy and can be transported from one part of the world to another in a matter of a few seconds through cyber space that we call the Internet. It can be stored and retrieved easily and uses no physical space at all except the hard disk on which the data are stored. This will do away with the construction costs and time and physical space involved in the construction of huge libraries. The revolution brought about by the digital technology is already being harnessed by nations such as the United States of America inasmuch as conversion of books in e-format is concerned. 2. 1. E-libraries 2. From the past to the present – The era of digitization That was the age of print technology. Mankind has now entered into an advanced form of technology; we call it the ‘Digital Age’. Print exists, but is slowly giving way to electronic form of data which overcomes the limitations of the print technology under a number of ‘heads’ and ‘counts’ such as storage, transfer, reproduction, archiving, etc. uch that one can say that print is co-existing with digital technology and a time will come when digitization will marginalize print just like the keyboard and computer has marginalized the use of typewriter. You read "Google" in category "Papers" From the concept of a library where one envisaged books in large numbers, we are making a tra nsition into an era of e-books. These are books which will have zero cost on the trees and survive till eternity if kept safely. The threshold of ‘safety’ considerations in an online environment is very high as compared and contrasted with books made of paper. Such a technological format shall have to be protected from the electronic bug that is commonly referred as a ‘virus’ in the etymology of computer science through latest state of the art software programs referred as ‘anti-virus software’. We are slowly doing away with print books and introducing the contents of this physical book in a much ‘eco-friendly’ and technologically savvy format which the digital era has brought about. Art. 1, S. 8 (cl. 8) of U. S. Constitution. The United States of America happens to be one of the ? rst jurisdictions where copyright protection has found constitutional patronage. See, e. g. , Feist Publications v. Rural Telephone Service Co. 499 U. S. 340, 349 (1991), where the United States Supreme Court speaking through Justice O’ Connor observed that ‘‘the primary objective of copyright is not to reward the labor of authors, but to promote the progress of science and useful arts’’, th e latter constituting a constitutional mandate under A. 1, S. 8, cl. 8 of the Constitution of the United states of America. 2 The concept of electronic libraries is not a concept brought very much to the fore in this new millennium. Two such projects owe their origin to the 90s. The Internet Archive is an initiative, a nonpro? t founded to build a digital library offering permanent access for researchers, historians, and scholars to historical collections that exist in digital format. Founded in 1996, the Internet Archive receives data donations and has grown to include texts, audio, moving images, software and archived web pages in its collections. 4 Moreover, Project Gutenberg, the ? rst and the largest producer of free electronic books (e-books), has placed thousands of e-books on the web since 1989, and plans to reach the one million e-book record by 2015. Most of the e-books which are made available by this corporation are in the public domain. However, what about the books enjoying copyright protection? Can they be digitized without the permission of the owner of the copyright? Amongst the bundle of rights which the copyright owner enjoys under the aegis of the statute, one of the most important from the economic perspective is the author’s righ t to reproduce or authorize reproduction of copies of the work. However, the jurisprudential development of the law of copyright has given rise to a concept of ‘fair use’ which is understood to be an af? mative defense to copyright. 6 It recognizes certain uses of the copyrighted work by another without the permission of the copyright holder as legitimate, subject to meeting certain criterion including the most important, that the use must not unreasonably prejudice the economic rights of the copyright holder. The defense of fair use offsets the liability on the part of the user faced with the allegation of infringement in the absence of which the user can be held culpable for infringement. Thus, whether a use is ‘fair’ or not is a question of fact and there is no straight jacket formula to demarcate or distinguish ‘fair use’ from ‘unfair use’, the latter attracting the ‘infringement clause. ’ 4 Retrieved Sep. 12, 2007, from http://www. archive. org/about/ about. php. 5 Retrieved Sep. 12, 2007, from http://www. etudes-francaises. net/dossiers/gutenberg_eng. htm. 6 Campbell v. Acuff-Rose Music, Inc. , 510 U. S. 569, 590 (1994). computer law security report 24 (2008) 253–260 255 3. What is this fair use? The term ‘fair use’ or rather the doctrine as it has evolved in the jurisprudence of copyright law ? ds its roots in the understanding that copyright is not an absolute right. It is permitted, under the sanction of law pertaining to copyright, that certain persons, other than the one who is the holder of ‘copyright’ of the work in question, may enjoy the ‘liberty’ to copy to a limited extent without requiring permission from the owner of the copyright, be it the author or any other person in whom such a right is vested. Fair use is not a ‘license’ but in the nature of a privilege by virtue of which, the person pleading defense against a suit for infringement can escape the clutches of copyright law. As Crews (1993) points out, fair use doctrine helps to prevent the copyright owners’ exclusive rights from interfering with the Framers’ stated purpose of the promotion of learning (as cited in Cohen, 2001, p. 170). The larger goal of copyright as a discipline of law is the advancement of human knowledge. The doctrine of fair use has developed over the years as Courts tried to balance the rights of copyright owners with society’s interest in allowing copying in certain, limited circumstances. This doctrine has at its core, a fundamental belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research. 7 The term ‘fair use’ is peculiar to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions such as U. K. and India. 8 Until codi? cation of the fair use doctrine in the 1976 Act, fair use was a judge made right9 developed to preserve the constitutionality of copyright legislation by protecting ? rst amendment values. 0 Thus, the doctrine of fair use is an evolving principle of the U. S. Judiciary over the years. This doctrine has now been codi? ed in S. 107 of the copyright law and has been described as ‘‘the most troublesome in the whole law of copyright’’. 11 It is a judge made law codi? ed in S. 10712 of the U. S. Code. These four fair use standards seek to adjudge whether a use of a copyrighted work is fa ir or not and largely balance the tension that exists between the economics of copyright law in relation to social objectives. They have been adopted in S. 07 as follows: (1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonpro? t educational purposes. (2) The nature of the copyrighted work. (3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. (4) The effect of the use upon the potential market for or value of the copyrighted work. 4. The Google controversy A degree of uncertainty has always surrounded the concept of ‘‘fair use’’ or ‘‘fair dealing,’’ which allows for non-commercial uses of copyright works in the service of education or information (Sundara Rajan, 2007, p. ). The Google Print,13 now renamed as Google Book Search14 (Google Print, 2005) has sparked a raging controversy as to whether the digitization of libraries can be covered under the fair use clause of copyright and whether it meets the four factor test under S. 107 of the United States Copyright Act, 1976. Google is scanning books (under copyright as well as in public domain) of four University Libraries and one Public Library without the permission of the copyright holder, i. e. authors/publishers. As a result, they are battling a lawsuit15 ? ed by America’s largest Author’s Guild16 and few Publishers back in September and October 2005 which is pending before the New York Court. Opponents are alleging that this act of Google is a blatant violation of copyright law. 7 Retrieved Sep. 12, 2005, from http://www. bitlaw. com/copyright/ fair_use. html. 8 ‘‘Fair use’’ is generally the term used in U. S. law and in other countries with similar doctrines, while ‘‘Fair Dealing’’ applies more to the UK/Australia and other countries with a Common Law heritage. 9 The four factors of ana lysis for fair use set forth above derive from the classic opinion of Joseph Story in Folsom v. Marsh, 9 F. Cas. 342 (1841). 10 The ? rst amendment to the United States Constitution envisages the Freedom of Speech. 11 Dellar v. Samuel Goldwyn, Inc. , 104 F. 2d 661, 662. 12 U. S. Code, title 17, Chapter 1, S. 107. 13 The project involved digitization of the libraries of Harvard, Stanford, Oxford, Michigan University, and the New York libraries which decided to donate materials for scanning. Moreover, a large number of books which happen to be in the public domain have been e-catalogued so that the user can directly download the book and read it. As to the books which enjoy copyright protection, pursuant to an agreement between the company and the copyright holder, online copies of the book can be kept for purchase on the web from the publisher directly and the user may search for the book he requires (as a few sentences of the relevant ‘literary piece’ shall be provided through the search. ) In essence, Google is promoting the dissemination of various works of authorship by facilitating e-purchases and bringing the existence of such literature to the knowledge of the interested consumer. 4 Google rebranded Google Print, which includes the Library Project, as the Google Book Search, in order to better describe the project’s purpose. See Google Print Renamed Google Book Search, Marketing VOX, Nov. 18, 2005. Retrieved Sep. 12, 2007 from http://www. marketingvox. com/archives/2005/11/18/google_ print_renamed_google_book_search/. 15 On Sep. 20, 2005, the Authors Guild (comprising of some 8000 authors) and seve ral individual authors sued Google for copyright infringement. A month later, on October 19, 2005, ? ve publishers – McGraw-Hill, Pearson, Penguin, Simon Schuster, and John Wiley Sons – sued Google. The authors request damages and injunctive relief. The publishers, in contrast, only requested injunctive relief. 16 See Author’s Guild v. Google Inc. (No. 05 CV 8136) USDC SDNY 20 Sep. 2005. The complaint which was ? rst ? led against Google on Sep. 20, 2005 was amended on 26 July 2006 where, unlike the original complaint, it was stated that ‘‘Oxford and New York Public Libraries have indicated that Google will be limited to copying only works that are in public domain. ’’ 256 computer law security report 24 (2008) 253–260 There is no issue with scanning the books in the public domain17 and making it available online. Search engines such as Yahoo and corporations such as Microsoft are coming with such initiatives. 18 Project Gutenberg has been a pioneer in this ? eld. However, as Band (2006a,b) points out, ‘‘The salient difference between these projects and Google’s Library Project is that these projects will involve only works in the public domain or works where the owner has opted-in19 to the digitization, while Google intends to scan in-copyright books without the owner’s authorization, as well as works in the public domain. ’ What Google aims to do is to provide a search index of the books which will be digitized such that the user, searching through the database can ? nd the bibliographic information as well as a few text ‘snippets’ around the search term which he has entered. It equates such an act with that of a person browsing pages in a library or a book store20 (Google Check, 2004). Further it intends to provide the option of purchasing of the book which a prospective buyer may be viewing. 21 The search results will depend on the copyright status of the book. For works in the public domain, the user will have access to the entire text. For works under copyright 17 Works in public domain are considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. 18 Both Yahoo and Microsoft have recently announced digitization projects. Microsoft announced that it would be digitizing 100,000 volumes from the British Library. Yahoo agreed to host the Open Content Alliance, under which entities such as the University of California and the Internet Archive will post digitized works. Band J. The Google library project: the copyright debate. Retrieved Sep. 12, 2007 from http://www. llrx. com/features/google libraryproject. htm; 2006a. 19 The difference between an ‘opt in’ policy and ‘opt out’ policy is that whereas in the former, the burden is on the company to seek permission from the copyright owner as to whether to make available, the digitized copy of the work, the latter on the other hand, presupposes that the company will scan the work unless the author refuses permission. This means that the burden is on the owner of copyright to expressly ‘opt out’ failing which the work will be scanned for the purposes of searching. Whereas considerations of the larger social good would favor an ‘opt out’ policy, one may counter argue that since the owner of the copyright has the exclusive right to authorize reproduction, an ‘opt in’ policy is a right emanating from the intersection of copyright law and the law of contract. However, if permission is sought from each and every author of each of the works in a library which is about to be digitized, it would lead to a considerable ebb of time and money and cause signi? cant delay. Moreover an ‘opt in’ policy, apart from being not feasible, is not justi? able especially n view of the manifold advantages, both commercial and non-commercial, accruing to the owner of the copyright on getting the work digitized free of cost and labor. There is no unreasonable prejudice being caused to the legitimate interests of the right holder and moreover society bene? ts as one of the aims of the project is to enhance the ‘marketabilityà ¢â‚¬â„¢ of the work. The fact that Google commercially bene? ts itself from the deal does not undermine the social value of the end it serves. Google has resorted to the ‘opt out’ policy. 20 Press Center, Google Checks Out Library Books, Dec. 14, 2004. Retrieved Sep. 12, 2007 available at http://www. google. com/ press/pressrel/print_library. html. 21 ibid. protection, the user will see the bibliographic information as well as a few text ‘‘snippets’’ around the search term, unless the publisher has given Google permission to display more text22 (Hanratty, 2005, p. 2). Band (2006a,b) states that Google will not display snippets for certain reference books, such as dictionaries, for there is likelihood that the market for the work could be harmed and further highlights that in such exceptional cases, only the bibliographic information will be displayed. 3 Now what is the ‘business’ interest of Google in this context. It is true that Google is busy scanning all books of the ? ve libraries and digitizing the same, except those subject to the ‘opt out’ policy. 24 It is doing so without the permission of the copyright holders or their licensees, though such parties can choose to restrai n Google by electing for the ‘opt out’ policy. It is doing so in pursuance of an agreement with the ? ve eminent libraries willing to donate books for the same purpose in return of a copy in the digitized format. Google responds that this copying is permitted under the fair use doctrine (Band, 2006a,b). As predicted, Google has been sued for this venture and matter is already pending before the New York Court. The objection is not that Google is creating a full text search index; it is that Google is creating the index without permission of the right holders (Band, 2006a,b). The econometrics of this endeavor has not been disclosed by the company, but one can say without doubt that the costs will run into millions of U. S. ollars. 25 The issue is whether Google is creating a virtual library by this means and, if so, whether Google is permitted to do so under the library exemption or fair use doctrine contained in the copyright legislation of the United States? 4. 1. The library exemption The answer to the ? rst question would be both ‘yes’ and ‘no’ depending upon the copyright status of the work. The works are broadly classi? ed as ‘works in public domainâ€℠¢ and ‘works not in public domain’ and thus enjoying the copyright protection. For the works which are in the public domain and which no longer enjoy copyright protection, Google is both morally and legally justi? ed in doing so. For the works in the public domain no longer enjoy the legal monopoly as such time has elapsed within which the creator of the work had to be rewarded and such time has commenced where the larger goal which copyright seeks to serve, i. e. ‘‘to promote the progress of science and arts. ’’26 Indeed Google is creating a virtual library of works that happen to be in the public domain. However, the more important question is with respect to the works which are not in the public domain and enjoy copyright protection. It is submitted that Google is not creating a virtual library for such works, but An example of what the results will look like is available at: http://print. google. com/googleprint/screenshots. html). 23 See Band J. The Google library project: the copyright debate. Retrieved Sep. 12, 2007 from http://www. llrx. com/features/ googlelibraryproject. htm; 2006a. 24 Refer supra Note 19. 25 See, for e. g. , Band J. The Google library project: the copyright debate, Sabrina I. Paci? ci. Retrieved Sep. 12, 2007 from http:// www. llrx. com/features/googlelibraryproject. htm; 2006a. 26 See supra Note 2. 22 computer law security report 24 (2008) 253–260 257 only a virtual market, for the user, who wishes to browse Google’s database using Google’s search engine. Inasmuch as the answer to the second question is concerned, in relation to the second category of works, i. e. copyrighted works – for the act to qualify as fair use, it has to satisfy the four fair use prongs encapsulated in S. 07 of the copyright statute or meet the library exemption clause contained in S. 108 which introduces certain limitations on the exclusive right of the copyright holder for reproduction by libraries and archives. The library exemption permits reproduction solely for purposes of preservation and security or for deposit for research use in another library or archives, the latter being conditi onal in that it expressly clari? es that it should not be with any purpose of direct or indirect commercial advantage. 7 Moreover, this exemption is limited to only unpublished works for archival purposes, out-of-print works, or replacements for damaged and lost works and not more than three copies can be produced. 28 Libraries, however, are not allowed to systematically make digital copies of their entire collections – whether for research, indexing or educational purposes – without compensation to copyright holders. (Adler, 2006, p. 4) However, the library exemption only applies to libraries, what we commonly understand as a ‘brick and mortar’ library. Though Google’s purpose of converting the book into a digital format may be for storage purposes as well, apart from other purposes, since the digitized copy will be handed over to the libraries which donate such books, it is clear that this exemption does not extend to the digital library or the electronic library or the virtual library. Such concepts are of a much recent origin and the library exemption was never meant to be applicable or capable of extension so as to include digital libraries. nfringement, the defense of fair use is not called for and does not serve any ‘legal’ purpose. In the case of Google, an inference of such a nature may be presumptively drawn since Google is scanning entire books for the purposes of digitization without the express consent of the copyright holders. The right of reproduction is the right of the copyright holder and if no authorization is procured from the right holder, such an act may constitute a prima facie case of copyr ight infringement. Moreover, in no case does fair use permit full copying of the book. Assuming this to be the case, Google must take such a defense into Court for it has little option otherwise, the moot question is raised as to how will it be able to justify its stand? It has been observed that ‘‘from the infancy of copyright protection, [the fair use doctrine] has been thought to ful? ll copyright’s very purpose, ‘[t]o promote the progress of science and useful arts’’’29 and ‘‘the ultimate test of fair use. is whether the copyright law’s goal of ‘promo[ting] the Progress of Science and useful Arts,’. would be better served by allowing the use rather than preventing it. ’30 In the same milieu, one must appreciate that fair use calls for a case by case analysis of the four factor test which throws light on the boundaries of legitimacy of use and thus is indicative and not determinative of the legal position. In essence, it is a highly fact and circumstance speci? c doctrine. By close examination of the letter of the law under S. 107,31 in the analysis involving the ? nding of fair use, it must be ascertained whether there is ‘fair use’ and thereafter ? lter it further to see whether it is for an appropriate purpose or not. The various purposes have been described above, i. e. criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research. However, these are merely exemplary, not exhaustive. 32 4. 2. Fair use test The second is the fair use test which Google asserts but how is this ‘Googleism’ covered by the doctrine? Google maintains that it is protected by limitations set forth in the copyright statute, chief amongst them being the fair use clause and the ? rst amendment values. Google has to satisfy each criteria of the fair use ‘four factor’ test. How Google’s act is justi? ed under this doctrine is a question of fact and an attempt to answer this question will now be undertaken, considering that it is the primary mandate of the U. S. Copyright regime to ‘promote the progress of science and useful arts’ no less than to reward its authors. As noted earlier, the Supreme Court of the United States has recognised the broader context of the copyright system, which is not to reward the author but to ‘encourage’ and ‘promote’ learning. Against that backdrop, Google’s act is weighed against the four factor test. But before that is considered, it has to be acknowledged that the burden of proving that the use was presumptively unfair must shift to the defendant if the plaintiff succeeds in proving that the act complained of constitutes prima facie liability (see WikiReader: Free Software and Free Contents, 2004, p. 41). If there is no 27 28 5. Scrutinizing Google under the four factor test 5. 1. The ? rst test The ? rst test examines the purpose and character of use to ascertain whether such use is of a commercial nature or for nonpro? t educational purposes? It has been observed by the U. S. Supreme Court that the purpose of the use should be non-commercial for a ‘‘commercial or pro? t making purpose. would be presumptively unfair’’ while a noncommercial use would raise a presumption of fairness. 33 Subsequently, it has been noted that ‘‘the crux of the pro? t/ nonpro? t distinction is not whether the sole motive of the use is monetary gain but whether the user stands to pro? t Campbell v. Acuff-Rose Music, Inc. , 510 U. S. 569, 575 (1994). Arica Inst. , Inc. v. Palmer, 970 F. 2d 1067, 1077 (1992). 1 Notwithstanding the provisions of S. 106 and 106A, the fair use of a copyrighted work, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 32 For more see Harper Row Publishers, Inc. v. Nation Enterprises, 471 U. S. 539, 561 (1985). 33 Sony Corp. of America v. Universal City Studio s, Inc. 464 U. S. 417, 449 (1984). 30 29 17 U. S. C. S. 108(a) (1). 17 U. S. C. S. 108(b), H. R. Rep. No. 94-1476, at 75–76. 258 omputer law security report 24 (2008) 253–260 from the exploitation of the copyrighted material without paying the customary price. ’’34 ‘User’, in the present context does not refer to the user who shall view the snippets of the work upon a search on Google’s search engine but Google itself which is making the ‘unauthorized’ digital copies. Google is not pro? ting from the exploitation of the copyright material per se for exploitation is not taking place in the ‘commercial sense’. The plan is to provide only snippets and not to sell the book to reap commercial bene? t. Moreover, Google is providing the digital copy to the libraries themselves. Google also has this ‘opt out’ policy whereby the copyright holder can elect not to get his book digitized. Thus, the nature of the act, from an overall perspective, is not for ‘nonpro? t educational purposes’. Being of commercial nature, the gains are not coming from the book, but from the advertising space which Google will sell on its web page. Moreover, commercial use is no longer deemed by Courts to be presumptively unfair35 for many unauthorized uses such as newspaper reporting, parody, etc. nvolve an element of commerce. Assessment of what is commercial must include an examination of the degree of exploitation which in the case of Google is limited to the display of not more than a few snippets which by no means gives the heart of the work and thus is ‘de minimis’ use. The Ninth Circuit considered fair use issues relating to search engine operation in Kelly v. Arr iba Soft Corp. , where Kelly, a photographer, sued a visual search engine for displaying thumbnail images of photographs originally posted on his website. 6 The Ninth Circuit found in favor of the search engine, holding that the search engine’s creation of thumbnails of the photographer’s copyrighted images, although used for commercial purposes, was a transformative, nonexploitative use and therefore fair. 37 As thumbnail is to photography, likewise a snippet is to a book for the purposes of fair use. Google like Kelly is in that context ‘nonexploitative. ’ Moreover, the ? rst test must be read with the other three tests in order to appreciate the larger picture. The primary goal of Google being a ‘for-pro? ’ organization is to generate revenue from the advertising space it sells on the web page. However, how is the society or the owner of the copyright affected so long as such a service is being provided? The masses bene? t as they can make online searches of books relevant to their subject matter and can purchase the same as well. The sales revenue in such cases would go to the publisher and the royalty to the copyright holder. Therefore, it is a ‘win– win’ situation for both the parties at the transacting end. If a third party, which is facilitating this service bene? ts in the process, what is the harm? ikely to ? nd fair use more in factual works than creative works as the threshold of creativity is lower in the former. It has to be appreciated that Google will be scanning books indiscriminately whether it is creative ? ction or factual works. Where there is a likelihood of market harm in displaying the snippets, Google will only display the bibliographic information as it is doing in the case of dictionaries. Once again, it is to be appreciated that Google is not appropriating the digital text of the work for its own bene? t such that it violates the copyright of the right holder. It is providing a service to the society (though pro? ting in the process), but making the works more ‘discoverable’ than ever before and is not appropriating the contents of the work for its personal use. Therefore, whether the work is factual or ? ctional does not make a difference so long as the material is not being appropriated to the economic detriment of the copyright holder or sti? ing creativity in any way. On the contrary, Google is promoting the market of works thus encouraging creativity. Another problem is with respect to orphan works. 39 The Copyright Of? e is preparing recommendations to Congress on how to address the orphan works’ problem – how to enable uses of works whose owners cannot be identi? ed or located (Band, 2006a,b). Orphan works are copyrighted works whose owners are dif? cult or impossible to identify and/or locate. Orphan works are perceived to be inaccessible because of the risk of infringement liability that a user might inc ur if and when a copyright owner subsequently appears. Consequently, many works that are, in fact, abandoned by owners are withheld from public view and circulation because of uncertainty about the owner and the risk of liability. 0 New legislation is being proposed in this regard. The bill would add a new S. 514 to the Copyright Act entitled ‘‘Limitation on remedies in cases involving orphan works. ’’ It would essentially implement the Copyright Of? ce’s proposal to limit liability for an infringing use of an orphan work. As a prerequisite to qualifying for the limitation, the infringer must sustain the burden of proving that he or she performed and documented a reasonably diligent search in good faith but was unable to locate the owner. 1 If the legislation comes into being, Google will be free to digitize orphan works under the fair use doctrine if the owner cannot be located. 5. 3. The third test The third factor is both a qualitative and a quant itative test which is concerned with the amount and substantiality of the portion used in relation to the copyright work as a whole. Though Google is scanning entire books what will be visible to Out-of-print works that remain in copyright, but for which rights holders cannot be located, are colloquially labeled ‘‘orphaned. ’ Several legislative solutions have been proposed to allow access to these so-called orphan works even when the true rights holders cannot be determined with absolute certainty. See United States Copyright Of? ce, Report on Orphan Works (January 2006) and the proposed ‘‘Orphan Works Act of 2006’’ (H. R. 5439). Retrieved Sep. 12, 2007 from www. copyright. gov/orphan/. 40 United States Copyright Of? ce, Report on Orphan Works (January 2006) and the proposed ‘‘Orphan Works Act of 2006’’ (H. R. 5439). 41 ibid. 39 5. 2. The second test The second factor in a fair use analysis is the nature of the copyrighted work that is potentially infringed. 8 Courts are Harper Row Publishers, Inc. v. Nation Enterprises 471 U. S. 539, 562 (1985). 35 See Campbell v. Acuff-Rose Music, Inc. , 972 F. 2d 1429 (1994). 36 Kelly v. Arriba Soft Corporation, 336 F. 3d 811, 816 (2003). 37 ibid. 38 17 U. S. C. S. 107(2) (2000). 34 computer law security report 24 (2008) 253–260 259 the netizen while searching would not be more than a few snippets. Thus for the purposes of copyright it is ‘de minimis’, thus ‘fair. ’ However, notwithstanding whatever is visible to the netizen, Google will be scanning ntire books, thus committing an act of ‘intermediate copying’. In the context of Internet search engines, there are two cases in which reproduction and archiving of the entirety of copyrighted content found on web sites have been deemed a fair use: Kelly v. Arriba Soft42 and Field v. Google. 43 The owners respond that the intermediate copying cases are distingu ishable because they address a problem speci? c to software: translation of programs is the only means of accessing ideas unprotected by copyright that are contained within the program. This problem, of course, does not exist with books. Furthermore, in the intermediate copying cases, the software developer discarded the translation once it developed its new noninfringing program. Google, conversely, will retain the scanned copy in its search index. Band (2006a,b) opines that ‘‘While acknowledging these factual differences, Google’s supporters stress the underlying principle of intermediate copying cases: that copying may be excused if it is necessary for a socially useful noninfringing use. ’’ (p. 7). This is one hurdle that Google is likely to overcome considering the social good the project claims to serve. It is true that some issues need to be resolved since fair use does not permit full copying of books in the ? rst place, leave aside reproduction in the digital format. However, this does not mean that the legislature must turn a deaf ear while the Courts remain mute spectators being bound by the clutches of law. After all ‘fair use’ is a judge made doctrine and the contours of the same are being judicially expanded with the passage of time and introduction of new forms of technology. Keeping in mind that the doctrine has not been tailored to precision, it should be suitably expanded ‘to promote the progress of Science and useful arts’. This, more than anything else, should be its chief consideration. It is asserted that with as few alterations as may be necessary, Google should be allowed to serve the larger interests of the global society by realizing this project. 6. Advocating ‘Googlelization’ of libraries 5. 4. The fourth test The fourth test deals with the effect of the use upon the potential market for or value of the copyrighted work. The fourth fair use factor and perhaps the most important44 is the effect of this project upon the potential market for the copyright works. It encompasses within its fold not only the existing and potential market of the work but also its derivatives. 45 In the famous Sony Betamax case,46 the Court was of the opinion that it was not necessary to show actual present harm nor exhibit with certainty that future harm might result from the particular use but, on the preponderance of the evidence, that some meaningful likelihood of future harm exists. It further observed that ‘if the intended use is for commercial gain, that likelihood may be presumed. But if it is for a noncommercial purpose, the likelihood must be demonstrated. Though there is commercial gain which might accrue to this for-pro? t organization, it will not be from the use of copyrighted works but from selling of the advertising space. Therefore, Google’s endeavor cannot be said to fail the fourth test. Furthermore, any party (author or publisher) claiming that the project is or will cause harm to the market of the work or has the slightest risk o f causing harm, can resort to the ‘opt out’ policy and thus exclude his work from the digitization project. 336 F. 3d 816, 822 (2003). 412 F. Supp. d 1106 (D. Nev. 2006). 44 ‘‘This last factor is undoubtedly the single most important element of fair use. ’’ Harper Row Publishers, Inc. v. Nation Enterprises, 471 U. S. 539, 566 (1985). 45 ibid at 568. 46 Sony Corp. of America v. Universal City Studios, Inc. 464 U. S. 417 (1984). 43 42 It cannot be denied that there are a signi? cant number of authors who are appreciative of this project. Moreover, it must be remembered that the Author’s guild which has sued Google only represents a fraction of the authors. The user will greatly bene? from the search database as he would be able to see the buried knowledge in every book possible, as is relevant to the scope of his search which otherwise is humanly impossible. What is to be appreciated is that Google is promoting the legitimate interests of the right holders and not unreasonably prejudicing their interests. It is providing latitude to the right holders to withdraw their works, i. e. ‘opt out’ where they are of the view that scanning and subsequent digitization without their permission and minus paying them any consideration, causes unreasonable prejudice to their legitimate interests. It is asserted that the project will bene? t not only the citizens of the United States but also the global citizen since ultimately it is all about accessibility and through the Internet one can access or transact with another individual from any part of the world. Such programs will bene? t developing societies in promoting wider and easier accessibility either free of charge or low cost depending on the copyright status of the work, thus facilitating and ful? lling the ? nal mandate of copyright and at the same time enabling the ? ow of information from the developed countries to the developing world. It cannot be denied that if books cannot be searched online, many users may never locate them and thus may indirectly affect the market for the work. Moreover, it is an author’s basic desire that his work receives the largest possible coverage since that adds to his reputation. The evidence suggests that copyright owners by and large agree that the Library Project has signi? cant social utility. Indeed, authors participating in the Authors’ Guild lawsuit acknowledge that the Library Project will provide them with a helpful research tool. Their objection is not that Google is creating a full text search index; it is that Google is creating the index without their permission (See Band, 2006a,b). Perhaps they are gunning for a piece of cake which Google can easily afford to give in view of its immense ? nancial success. The greed may be premised on the fact that where a company can invest in millions to digitize, it can surely donate in thousands to avoid a litigation which may lead to 260 computer law security report 24 (2008) 253–260 an unfavorable verdict, since it is the unfaithful road of fair use that Google is treading. Whereas other large corporations wait and watch before investing in the sacred domain of copyrighted works, Google con? dently marches on the road to implore justice. Akhil Prasad (akhil_99@hotmail. com) Aditi Agarwala (aditi_ 2k2002@yahoo. com) Research student, Gujarat National Law University, Gandhinagar, India. references 7. On a concluding note Adler A. The Google library project. Retrieved Sep. 12, 2007 from, http://www. publishers. org/copyright/ARA_paper. doc; 2006. Band J. The Google library project: the copyright debate. Retrieved Sep. 12, 2007 from, http://www. lrx. com/features/ googlelibraryproject. htm; 2006a. Band J. The Google print library project: both sides of the story. vol. 1 (No. 2). Retrieved Sep. 12, 2007 from, http://www. plagiary. org/Google-Library-Project. pdf; 2006b. Cohen Jason. Endangered research: the proliferation of E-books and their potential threat to the fair use clause. J Intell Prop 2001;9:163–70. Retrieved Sep. 12, 2007 from Westlaw dat abase. Crews KD. Copyright, fair use, and the challenge for universities: Promoting the progress of higher education. University of Chicago Press; 1993. p. 24–25. Fair Dealing WikiReader: free software and free contents. Retrieved Sep. 12, 2007 from, http://upload. wikimedia. org/ wikipedia/en/a/a9/WikiReader_Free_Software_and_Free_ Contents. pdf. Google Print Renamed Google Book Search. Retrieved Sep. 12, 2007 from, http://www. marketingvox. com/archives/2005/11/ 18/google_print_renamed_google_book_search/; Nov. 18, 2005. Hanratty E. Google library: beyond fair use? Duke Law Technology Review 2005;10. Retrieved Sep. 12, 2007 from Westlaw database. Press Center, Google checks out library books. Retrieved Sep. 12, 2007 from, http://www. google. om/press/pressrel/print_ library. html; Dec. 14, 2004. Sundara Rajan MT. Digital learning in India: problems and prospects. Digital Learning Legal Background Paper. Retrieved Sep. 12, 2007 from, http://cyber. law. harvard. edu/home/dl_ india. The ? nal outcome of the Google project is linked perhaps to the application of one of the most fundamental roles of copyright law which is to secure a legal monop oly to the authors for a limited time and more so of a limited nature. This role derives its roots from the premise that ultimately it is the dissemination of such works to the ‘public’, i. e. he end user which is the key objective. This should serve as a catalyst in enhancing the motivation of authors to produce works for it is such a ‘user’ which creates the demand for the product and is the source of revenue for the right holder. In the absence of this, such works cease to reap the commercial fruits of the author’s intellectual efforts. It may be that companies such as Google are facilitating a larger socially oriented purpose based on the premise of the ‘largest good of the largest number’ through the provision of access to knowledge and to resources of an ‘intellectual’ nature. Provided such projects remain largely in conformity with the law, there is no reason why such substantial investment should not be rewarded considering that the parties at either end of the spectrum, i. e. the right holders and user community will be greatly advantaged by these activities of Google. In economic terms, it is only for this reason that copyright is justi? ed as it gives authors the incentive to create and enhance the public’s access to works. Indeed, in this Googlelization of Libraries, it is a war of ‘fair use’ versus ‘Fare Use’! How Fair or Fare is it?. only time can provide us with the real verdict. How to cite Google, Papers Google Free Essays Two Things They Carried Research Paper Without a doubt the United States was brutal during their 14 years in the Vietnam War. There were times when our soldiers were commanded to shoot Vietnam civilians. Our second source tells us that they killed mostly women and children. We will write a custom essay sample on Google or any similar topic only for you Order Now Perhaps there were times when American soldiers could not tell a Viet Cong sniper apart from a civilian, but either way, there were around 5,000 civilians killed by the United States. There are a lot of veterans who have served in American wars who suffer from PTSD after they get home from battle. Post-traumatic stress disorder could be brought on by high intensity while a soldier is in battle, seeing a fellow soldier die, shooting enemies, and it is evident that shooting civilians can cause it as well. Veterans can get aggressive if their settings at home give them a flashback of a bad memory of war. A lot of soldiers such as veteran Bob Kerrey regret killing civilians and they have had to live with it for the past forty years. There are questions to whether or not the Americans are war criminals for killing these Vietnam civilians. After the first paragraph of â€Å"The Things They Carried† is read, the reader has a very good idea of what the main character, Jimmy Cross, was doing. He was just a young kid in love. His problem was that he was thousands of miles away in Vietnam with nothing to do but march. He would yell at his men to spread out or march to the left, but Jimmy was just going through the motions. His heart was not in the war and he knew it. As much as the military wishes our soldiers were robots, they are humans with feelings. Jimmy Cross made an immature but innocent decision to put his daydreams of a girl back home before thinking about his men. Jimmy Cross carries the burden of one of his soldiers deaths. Jimmy was daydreaming instead of watching his soldier when he was killed on the way to the bathroom, and he knows it will haunt him forever. This short story shows how the soldiers were drones roaming Vietnam killing civilians and burning cities. Jimmy Cross would think about how he had no explanation for the killing of civilians and would just keep marching onward. The similarities between Jimmy Cross and Bob Kerrey are plentiful. They had probably done a lot of the same things while commanding troops in Vietnam. â€Å"Kerry admitted that a combat which he led during the Vietnam War was responsible for shooting dead more than 20 unarmed civilians, mostly women and children. After the killings, the squads commander reported that the unit had killed 21 Viet Cong, and Kerry was awarded a Bronze star. † Kerrey cannot be the only soldier that regrets killing civilians. Soldiers that have experienced a traumatic events previously in war can have flash backs to old battles and lose sense of reality. Shooting innocent civilians did not cause either of these men PTSD. Someone who is having a breakdown might get hostile because they feel like violence is needed for survival. There are lower levels of cohesion, flexibility, and communication in a veteran of war. Killing enemies and killing innocent civilians changes soldiers, and when they are in the heat of war, they do not care who they kill. PTSD is at a different level depending on the soldier. It is apparent in some and not so much in others. What it comes down to is realizing that our soldiers make decisions in war that they would make differently had they not been in the war so long. It distorts what is really happening to the soldier. Combat greatly effects soldiers when they go back into regular society. American soldiers are war criminals for killing innocent civilians. Although the United States should not go back and charge soldiers with war crimes, like with Bob Kerrey, but in future wars civilians need to be spare civilians. The United States has killed civilians in the Iraq war as well. It’s hard to say that anything can be done to the United States for these murders because they obviously have been taking place for a number of years. Civilian murders need to be stopped in order for us to truly win a war. ——————————————– [ 2 ]. Vietnam War and US. M. S. S. Economic and Political Weekly. Vol. 36 No. 21. 2001. [ 3 ]. Impact of Vietnam War Service on Veterans’ Perceptions of Family Life. Charles C. Hendrix. Family Relations. Vol. 42. No. 1. Jan. 1993. How to cite Google, Essay examples

Continuous Quality Improvement Healthcare †Myassignmenthelp.Com

Questions: What Are These Standards And Why Were They Developed? Patient Safety Is Considered To Be The Cornerstone Of High Quality Health Care? What Is Meant By The Two Terms Safety In Healthcare And Patient Safety? What Is Understood By The Term Safety Culture In Health Care And How Can It Be Measured? What Is The Significance Of A Poor Safety Culture For Health Care Professionals And Patients.? Answers: Introducation Quality of healthcare can be defined, as the services that are provided to the individuals as well as to patients have desired improvement in health outcome. Quality in healthcare can be achieved if the following significant factors are been maintained: Safe is the health care service that should be delivered with minimal chances of risk to the patients. Service provider should also look after reducing error in medication and avoiding injuries. Effective services should be provided on basis of evidence-based guidelines Decreasing the possible delays in providing services of health care Healthcare services should be delivered in such a way that it does not have any difference in respect to gender, ethnicity, socio-economic status and race (Campbell, Roland Buetow, 2013). Key elements of TQM and continuous quality improvement are as follows: Strategic planning and leadership is the changes in the form of expectations of customers, advanced technologies for diagnostics, evolution in system of patient care and innovative opportunities is been anticipated by strategic planning. Relations can achieve leadership in health care service for a long-term with significant customers, doctors, suppliers and employees. Total quality management can be achieved by reviewing the performance of health care with these stakeholders and a role model of leadership by senior leaders (Munechika et al., 2014). Customer focus is significant as clients judges the quality ultimately, therefore, every strategic decision in a health care system should be customer driven. The factors like professional ethics of health care service providers, sharing quality standards, health and safety of patients and environment are the key strategies for providing customer satisfaction. Assurance of quality is one of the significant elements for TQM. It helps in providing enough confidence on patient services for getting customer satisfaction regarding quality of service provided. It provides necessary training to employing for providing quality services. Quality assurance team also helps in quality planning, improvement in regulation of services and internal audit (Mohammad Mosadeghrad, 2013). Safety in healthcare is about providing safety to the employees who are providing the services of healthcare. There is a requirement of building the proactive safety system for assuring the safety system in healthcare. Safety in healthcare helps to protect workers, saving fund as well as making every programs regarding reduction of hazards to be effective. Safety in healthcare is considered a proactive process, which assists the employees in finding and fixing the hazards in healthcare sector. This is done with the help of health management system. Safety in healthcare is a transformation of workplace culture, which assists in reduction of injuries, fatalities and acute illnesses of the employees (Gjessing et al., 2014). It also reduces the compensation of employees; improve the morale of employees that yields in high quality of services provided to clients. Therefore, safety in healthcare is one of the significant factors in work place. Patient safety is defined as preventing any types of harm to patients. It is considered as reduction of risk of any events that are adverse to patients and are related to medical care exposure. Patient safety emphasizes on care delivery system that prevent errors, learning from errors that had already taken place and establishment of safety culture incorporating patients and healthcare professionals (Carayon et al., 2014). Patient safety is one of the significant challenges across health services globally. Practices like prescribing antibiotics without assessing patients conditions, administering more than one drug to the patients without paying attention to the adverse effects of drug can account for worse safety provided to patient. Reducing technology misusing and good communication within health care service provider helps in enhancing patient safety (Lavin, Harper Barr, 2015). The healthcare service providers have introduced new strategies to provide patient safety in form of c rew resource management, bar coding, simulators and computerised entry of diagnosis. These strategies help to avoid errors in patient safety, which is a very important factor for running healthcare organisation. The NSQHS standards developed by Australian Commission on Safety and Quality in Healthcare are as follows: Standard 1 states Governance of Safety and Quality in Health Service Organisation. It helps in describing the integrated systems, which maintains as well as improve quality and reliability for patient care. It also improves the outcome of patients. Standard 2 helps in describing strategies and systems which are required for creating a health system focused on consumers. It incorporates consumer priority while designing and developing health care of high quality. This standard gives the required framework to active partnership with customers (Boyd Sheen, 2014). Standard 3 prevent and regulate the infections associated with infection in workplace. It also communicates the issues to workforce so that the right result can be achieved. Standard 4 helps in reducing errors and incidents, which occurs due to medication. Thus, it improves medicine quality and provides safety to patients. Standard 5 ensures that the patient is been correctly identified and treatment procedure of patient is ma tching appropriately. Standard 6 helps in structured as well as effective handover of clinics so that it has the capability to provide safe care to patients. Standard 7 ensures that blood and blood products are transferred safely to the patients by maintaining all clinical procedures. Standard 8 helps in implementation of evidence-based systems for preventing and regulating the pressure injuries. Standard 9 helps in recognising the clinical deterioration and responding to it. It gives assurance that the deterioration of patient is quickly recognised and appropriate actions are taken against it. Standard 10 helps in preventing the patient from falls and assured that minimal harm is been caused to patient. It is done by evidence-based framework. These standards are been developed for protecting patients from any harm as well as also improves the quality of patient care. The standards helps in describing certain framework for ensuring that quality and standards of safety are been met. The three organisational factors that accounts for the enhancement of quality management system in hospital facilities are as follows: Composed delivery systems, which have been actualized because of overseen mind, speak to different types of possession and vital organizations together among doctor's facilities, doctors, and back up plans. They give more care at a reasonable cost by useful, doctor framework, and clinical combination. Some proof recommends that more incorporated, sorted out conveyance frameworks may give more open and composed care. They likewise have all the earmarks of being related with expanded authoritative execution and larger amounts of inpatient profitability and more noteworthy aggregate framework income, income, and working edges (Chaudoir, Dugan Barr, 2013). A frameworks approach, which concentrates on the situations under which people work as team for solving errors, has been proposed to address mistakes in health care. The objective is to fabricate frameworks that deflect blunders or relieve their belongings. Notwithstanding, technologic arrangements have impediments. Different parts of the framework likewise affect specialist and patient wellbeing, for example, proficient and authoritative social elements (eg, dissent of weakness to stretch) and relational parts of execution (eg, absence of cooperation inside and between disciplines). Research has appeared, for instance, that as stress expands, manners of thinking and consideration limit. Specific practices in healthcare services help in enhancing the quality management system. It incorporates employee security, training to the employees and significant training for providing better quality of healthcare service. What is understood by the term safety culture in health care and how can it be measured? What is the significance of a poor safety culture for health care professionals and patients.? Safety culture is defined as a phenomenon, which encompasses all norms, fundamental assumptions and values of the whole organisation. It relates to which extent the organisation supports as well as prioritizes safety (Nielsen, 2014). It refers to as the method of thinking about safety of patient and then design and at last implementation of the design of patient safety. Safety culture is multi-faceted and so it is improbable for finding tools to measure it. Changes are typically moderate and frequently subtle. In any case, notable experience shows that over limited timeframes social changes may be perceived, and is same for safety culture. To evaluate advance in the improvement of wellbeing society we may need to forsake the look for a solitary composite measure and focus on recognizing the scope of markers that mirror the individual sub-parts of culture. The fundamental range would involve measures for noticeable cognizant states of mind and recognitions or convictions. It is stated about the utilization of behavioural measures, attitudinal measures and recognition or conviction measures. Behavioural perception and attitudinal studies fit well for self-evaluation in working associations. Recognizing beginning shortcomings for safety culture is one of the significant tools that is appropriate for controllers and for their assessment programs. There is frequently a postponement between the improvement of shortcomings in an association's security culture and the event of an occasion including a huge wellbeing result (Zohar, 2014). Readiness to the early cautioning signs enables healing moves to be made in adequate time to maintain a strategic distance from unfriendly security results. Poor safety cultures have impact on patients. The rates of readmission of patients increase due to poor safety cultures. Number of days of staying that is length of stay in hospital also increases for patients. Poor safety culture incorporates complexity within patient and increases the mortality rate. It also accounts for error in medication, which is dangerous for patients Poor safety cultures also have negative impact on work professionals. It influences the behaviour of staff in the most negative way. Due to poor safety culture yhe injury rate for staff increases. Reference List Boyd, L., Sheen, J. (2014). The national safety and quality health service standards requirements for orientation and induction within Australian Healthcare: A review of the literature.Asia Pacific journal of health management,9(3), 31-37. Campbell, S. M., Roland, M. O., Buetow, S. A. (2013). Defining quality of care.Social science medicine,51(11), 1611-1625. Carayon, P., Wetterneck, T. B., Rivera-Rodriguez, A. J., Hundt, A. S., Hoonakker, P., Holden, R., Gurses, A. P. (2014). Human factors systems approach to healthcare quality and patient safety.Applied ergonomics,45(1), 14-25. Chaudoir, S. R., Dugan, A. G., Barr, C. H. (2013). Measuring factors affecting implementation of health innovations: a systematic review of structural, organizational, provider, patient, and innovation level measures.Implementation Science,8(1), 22. Gjessing, K., Torg, C. J., Hammar, M., Dahlberg, J., Faresj, T. (2014). improvement of quality and safety in health care as a new interprofessional learning moduleevaluation from students.Journal of multidisciplinary healthcare,7, 341. Lavin, M., Harper, E., Barr, N. (2015). Health information technology, patient safety, and professional nursing care documentation in acute care settings.OJIN: The Online Journal of Issues in Nursing,20(2). Mohammad Mosadeghrad, A. (2013). Obstacles to TQM success in health care systems.International Journal of Health Care Quality Assurance,26(2), 147-173. Munechika, M., Sano, M., Jin, H., Kajihara, C. (2014). Quality management system for health care and its effectiveness.Total Quality Management Business Excellence,25(7-8), 889-896. Nielsen, K. J. (2014). Improving safety culture through the health and safety organization: A case study.Journal of safety research,48, 7-17. Zohar, D. (2014). Safety climate: Conceptualization, measurement, and improvement.The Oxford handbook of organizational climate and culture, 317-334.

Leadership at MSO

Critical Thinking and Language

Critical Thinking and Language As Tom Cochrane sang in one of his songs that was released in 1991, I believe that "Life is a Highway." Life has its many ups and downs, lefts and rights, and different routes that you can choose to take. There are obstacles that you need to overcome while you are on your journey through life as well as wherever you may be driving. Sometime's you can run into some construction or an accident that will slow you down just like you can run into problems in your life that will slow you down. I once had to wait to get some school papers straightened out all because I had forgotten to date a page that I had faxed. I had to date the page and then refax the papers. Talk about something minor, in my opinion, holding me up.I also believe that life can be compared to a roller coaster.English: There are no symbols that represent skept...(Diversity, n.d.).Definition of CommunicationThe exchange of thoughts, messages, or information, as by speech, signals, writing, or behavior (Communication, n.d. ).The Role of Language and Language DiversityIn the role of language and language diversity, the purpose is a method in which an individual communicates to get his or her opinion and ideas across to the other individual. From region to region languages are developed, the diversity of languages are therefore formed. The United States has approximately 250 different languages spoken. That being the case, in today's workforce there may be more of a chance to work with someone who may not be as fluent in the English language as another (Thiederman, 2006). In order to communicate effectively one needs to use critical thinking to break the barriers of language diversity.When hearing an individual with an accent, the assumptions are made that...

Buddhism and Its Cultural Impact Essay Example | Topics and Well Written Essays - 1250 words

Buddhism and Its Cultural Impact - Essay Example The dissemination of such ideas and beliefs from one culture to another was facilitated through trade, migration, and warfare in the historic times. Throughout the post-classical periods, many groups of nomadic missionaries contributed to this cultural diffusion process. From such, groups, Buddhist missionaries more commonly referred to as priests or monks succeeded in inculcating the Buddhist way of life across much of the Asian region. Although Buddhism has its many forms across the Asian continent, the core belief system is reflected in all forms being practiced in countries as India, Sri Lanka, Thailand, Vietnam, Nepal, China and Japan. These core beliefs have contributed to the unique cultural aspects and practices that can be observed within these cultures. In order to discuss cultural manifestations resulting from religeious teachings, it is important to define what culture denotes. Culture according to Boas, â€Å"embrace all the manifestations of social habits of a community, the reactions of the individual as affected by the habits of the group in which he lives, and the products of human activities as determined by these habits† (Boas, 1930) Thus, it is important to understand the underpinning, belief systems and religious teachings which manifest in the form of distinct cultural characteristics, ideas and technologies. Considering the Asian countries, which influenced by, Buddhism, the cultures are rich with history, heritage, religious practices and philosophies. Buddhist way of life seeks to achieve morality and well being of life through harmony and self-moderation. Buddhists are motivated by the need of wanting to break the cycle of life referred to as â€Å"Samsara†, which is perceived as a sorrowful journey eve n at its most luxurious state of living.  

Nutrition Essay Example | Topics and Well Written Essays - 1250 words - 7

Nutrition - Essay Example cosylation of tissue proteins due to persistent exposure to high glucose concentrations and the accumulation of larger quantities of sorbitol (a reduced product of glucose) in tissues are believed to be causative in the pathological changes of diabetes. The concentration of glycosylated haemoglobin (HbA1c) is taken as an index of protein glycosylation: it reflects the state of glycaemia over the preceding 2-3 months ("What is Diabetes?"). Two major types of diabetes are- Type I or insulin dependent diabetes mellitus (IDDM), juvenile onset diabetes mellitus, which is caused due to the destruction of ÃŽ ²- cells of pancreatic islets, majority of the cases are autoimmune (type 1A) antibodies that destroy ÃŽ ²-cells and are detectable in blood. In all type I cases circulating insulin levels are low or very low and patients are more prone to ketosis. However this is less prevalent and has low degree of genetic predisposition ("What is Diabetes?"). Nutrition plays the most imperative part in our well being, as it directly relates to the physical and mental growth and development. Lack of proper and appropriate diet as well as deficiency of important and essential components results in malnutrition and hence result in overweight or underweight or some deficiency disorder. Diabetes is a condition where nutrition plays a vital role in the management. A well balanced and appropriate amount of nutrition helps in management of the condition by keeping the blood glucose level close to the normal value, thereby preventing the progress of diabetes to the higher level. Diet aids in management of the condition by avoiding medication dependence. A high-quality nutrition required by the diabetics involves eating a large variety of foods categorized under various heads as meal plan, a guide that enables one to understand the kind as well as quantity of food to be consumed in diabetes. For diabetics healthy diet is considered to have 40% to 60% calories that come from the carbohydrates,

Corporate Scandal Assignment Example | Topics and Well Written Essays - 2750 words

Corporate Scandal - Assignment Example The firm initially started its operations by trading penny stocks, i.e. stocks of small companies which have less market capitalization and trade below $5 in the USA market. Penny stocks are very volatile and thus very risky for the investors who investors who invest in order to reap windfall gains. Madoff’s firm did not trade on the floor of the NYSE and rather traded in the OTC market. That is Madoff’s firms helped retail brokers trade directly with each other without intervention of an exchange. Thus it helped the stock traders maintain anonymity. Initially Madoff used the quotes available through National quotation Bureau’s stock quotes. But in order to compete in a better way with the firms that traded on the floor of New York Stock Exchange the firm developed a computer application that they used to distribute information of its quotes. This technology was later used to form NASDAQ. The firm commanded a good position in the market and at one time it was the largest market maker of NASDAQ and was the 6th largest in Wall Street among the market makers. The firm also had an investment management division that was not well published. The investment management arm also did advisory functions. His firm had several of his family members on board including his brother, brother’s daughter and his two sons. Mardoff and his firm was regarded as one of the masters in the third market with their average volume of trades equaling about 9% of the volumes traded by NYSE. Besides running his legitimate business Madoff investment securities LLC in 1960 which dealt with OTC trading of securities without the involvement of stock exchanges, Madoff also run an investment management firm named Ascot Partners. Through its investment management firm Madoff sought investments from various class of investors including celebrities, common man, banks, and other fund houses and promised them of steady returns. Madoff said that he was able to generate steady

Largest global foodservice retailer

Largest global foodservice retailer 1.0 Executive Summary The report is to review on how the largest global foodservice retailer, McDonalds grew in Malaysia within the past 30 years. Since the year 1980, McDonalds USA (United State of America) has given the licensing to the Malaysia organisation. The franchising business started from Klang Valley and had expanded to the whole of Malaysia. Using the SWOT analysis, Michael Porters Value Chain and the PEST analysis, this report examine the reasons why McDonalds appears to be losing market share in Malaysia. Besides discussing the expansion of McDonalds franchise in Malaysia, the report also highlight the relationship between McDonalds and the local community and also how it benefits the local people who are behind expanding the business. 2.0 Organization Overview 2.1 The Backgrounds of McDonalds McDonalds had started by the name of Mc Bar-B-Que restaurant by two brothers, Dick and Mac McDonald in 1940. Mac Bar-B-Que had the drive-in concept, which features a large menu and car hop service. In 1948, the restaurant had shut down for three months to do a modification and subsequently, reopened in December with a new concept as a self-service drive-in restaurant. The new concept that McDonalds had applied was to guarantee that fresh food will be served in 60 seconds. Thus, this marks the beginning point of defined McDonalds as fast food restaurant in the future. The menu has been reduced to nine items as the hamburger is the core product. The success of the new business had attracted a multimixer salesman, Ray Kroc to visit the restaurant in 1954. At that time, it was a perfect opportunity for McDonalds because the brothers were looking for a nationwide franchising agent. Ray Kroc had learned the tricks of the trade and operations from Dick and Mac McDonald. Hence, this had led to the opening of the first Mc Donalds restaurant by Ray Kroc in Des Plaines, Illinois on 15 April 1955. The distinctive feature of the restaurant was the red and white tiled building with gold arches. Ray Kroc began the McDonalds global empire by expanding the restaurant to 100 branches within 4 years and had the number reached 500 restaurants in 1963. Besides that, McDonalds had captured the market in different ways. This include, by featuring the indoor seating in restaurants and also by including its own mascot, Ronald McDonald on television commercials and developing new products from time to time. 2.2 The McDonalds in Malaysia The McDonalds had decided to expand its business outside the USA in 1967, by opening the first international restaurant in Canada and Puerto Rico. The franchising business of McDonalds grew very fast globally and McDonalds had become the largest restaurant organisation in the world. When McDonalds was first introduced to Malaysia in 1980, McDonalds Corporation, and USA had granted the license to a local organisation, Golden Arches Restaurant Sdn Bhd to operate the McDonalds restaurant in Malaysia. Malaysians had gotten the first taste of McDonalds when McDonalds Malaysia opened its first restaurant in Bukit Bintang, Kuala Lumpur on 29 April 1982. McDonalds Malaysia is expanding the business equally and currently, there are 185 McDonalds chains located nationwide. McDonalds Malaysia continues the expansion of the chain by about ten to fifteen restaurants yearly. Therefore, McDonalds Malaysia has created many job opportunities for the local people. There are over 7000 staffs in McDonalds and 120 support staff at the headquarters managing the day-to-day operations of McDonalds business. 3.0 SWOT Analysis SWOT is an acronym for the internal Strength and Weakness of a firm and the environmental Opportunities and Threats facing that firm. SWOT analysis is a widely used technique through which managers create a quick overview of a companys strategic situation. It is based on the assumption that an effective strategy derives from a sound fit between a firms internal sources (strengths and weakness) and its external situation (opportunities and threats). A good fit maximizes a firms strengths and opportunities but minimizes its weakness and threats. This simple assumption has powerful implications for the design of a successful strategy with accurately applied. 3.1 Impact of Internal Influences 3.1.1 Strength Strength is a resource advantage relative to competitors and the needs of the marketers a firm serves or expects to serve. It is a distinctive competence when it gives the firm a comparative advantage in the market place. Strength arises from the resources and competencies available to firm. 3.1.1.1 Convenience McDonalds is regarded as a convenience food because of the fast speed of serving food. With todays hectic lifestyle, it is the perfect food for anybody whos on the go, be it office workers or students. As it takes less than 5 minutes to get served, McDonalds is the preferred food for everybody. In addition, if the consumer does not want to drop by to the restaurant, McDonalds has its own delivery service, which is known as the McDelivery. Just a quick telephone call and the nearest McDonalds restaurant will deliver the food with a charge of RM (Ringgit Malaysia) 3. This saves the customers time and also the hassle of traffic jams. It also benefits working parents, as they do not worry about the hassle of preparing food for their children. 3.1.1.2 Quality Services The McDonalds in Malaysia provide the drive-thru service to ease the customers convenience as the location of McDonalds restaurant is busy and the parking lots are very limited. One of the reason people come for the fast food is because of speed. Thus, the drive-thru service is very popular, as they do not need to queue up for service. In addition, it is a norm for Malaysians to have supper at night. Before McDonald had introduced the twenty four hours operating restaurant, the only restaurant that operates a 24-hour service is the mamak stall (Indian-Muslim operating hawker stall which opens for twenty four hours). Hence, McDonalds had provide the twenty four hours service restaurant in order to satisfy Malaysian demand for supper. This is a value service that McDonalds had provide to provide to complement the Malaysians lifestyle. 3.1.2 Weakness A weakness is a limitation or deficiency in one or more resources or competencies relative to competitors that impedes a firms effective performance. 3.1.2.1 Quality of Product McDonalds had implemented a standard guideline of requirement for franchises in other parts of the world to follow, and McDonalds Malaysia is not excluded. McDonalds has strict rules, including how franchisee should operate a restaurant from controlling over the menu, cooking methods, staffing policies, design and location of the restaurant. This is one of the weaknesses of McDonalds since not every restaurant will provide the same quality of product. There are some feedbacks from consumers in the inconsistency of the taste of the food, such as the fries in certain McDonalds restaurants are too salty or tasteless. The most significant is the different taste of beef burgers served in the East and West Malaysia. This is due to the beef used in the burgers sold in sell at west Malaysian were imported. Furthermore, the East Malaysia government had discouraged the use of imported beef in restaurants. The texture between the local and imported beef is different as the imported beef is chew ier than the local beef. 3.1.2.2 Lack of Initiative on Product Development The menu in McDonalds Malaysia had remained the same in all these years. The development of product is poor and the new products were not introduced to the menu. Consumers have limited choices because there are only twelve types of main food in the menu. Eventually, customers would feel bored of the McDonalds menu. The McDonalds Malaysia used to have the Prosperity burger, but it only sold for a limited time, which is during the month of Chinese New Year. In addition, this is the only product that is promoted every year. 3.2 Michael Porters Value Chain Porter defines value as the amount buyers are willing to pay for what a firm provides. The value chain was therefore designed to display total value and consisted of the firms Value activities (defined below) and it margins. Therefore, the generic value chain for a single firm comprises three main elements which are primary activities, support activities and the margin. Primary activities are those involved in the creation of the product, its sale and transfer to the buyer as well as after-sales service. Support activities are those which support primary activities and each other. Three of these procurement, technology development and human resource management can be associated with specific primary activities while the fourth, firm infrastructure, supports the entire chain. 3.2.1 Primary Activities of value chain The goal of these activities is to create value that exceeds the cost of providing the product or service, thus generating a profit margin. This is the description of the activities that involve in primary value chain. Inbound Logistics includes warehousing, materials handling, inventory control, etc. Operations are the activities that transform inputs into finished products (eg machining, testing, packaging, equipment maintenance, etc). Outbound Logistics includes the activities that store and distribute products to buyers (eg warehousing, delivery vehicle operations, order processing, etc). Marketing and Sales are the activities that provide the means for the buyer to purchase (eg advertising, sales force operations, selection and management of distribution channels, etc). Service includes activities which enhance or maintain the value such as installation, repair, parts supply, etc). 3.2.1.1 Inbound Logistics As it is a fast food restaurant, McDonalds Malaysia tries to eliminate its cost of raw materials, namely meat, vegetables, raw foods and oil. As McDonalds Malaysia widely known, they will only choose the reputable supplier to provide raw foods to them. As McDonalds Malaysia is a huge conglomerate in Malaysia, it has no problem in attaining the raw materials as suppliers would be willingly to supply the materials to them. Compared to other restaurant operators, they are able to obtain a discount as their orders come in bulk. Furthermore, once they have acquired the raw materials, they will store the end products (meat, french fries) in the cold storage rooms at their respective warehouses in Malaysia. 3.2.1.2 Operations McDonalds Malaysia would have to convert the raw materials into end products, such as burgers and fries. As they are an internationally recognized company, McDonalds can afford to hire production and factory workers at a lower wage as the supply of factory workers are abundant. Quality control is also ensured as their machinery is checked to see whether there are any defects. Furthermore, the hygiene of factory workers are also strictly controlled as McDonalds cannot afford to allow any food poisoning or toxicity in their products. If there is any foreign element in the food products, this would cause customers to be ill and thereafter, affect the image of McDonalds Malaysia as a fast food restaurant. 3.2.1.3 Outbound logistics As it supplies their end product to the nationwide restaurants, McDonalds Malaysia would have to incur costs in transportation, namely the Lorries. The vehicles would be bought in at a discounted price, as McDonalds would need more vehicles to transport their end products to the whole of Malaysia. Gas and also servicing of the vehicles would also incur additional costs to McDonalds Malaysia. McDonalds Malaysia would find reputable car workshops to service their vehicles to ensure that they are of working condition. It is detrimental to the company if their vehicles are not in good condition as they need to deliver the end products (burgers) to the respective chain of restaurants. 3.2.1.4 Marketing and Sales McDonalds Malaysia would need to incur costs for their marketing and sales. Promotion would come in the form of leaflets that are inserted in newspaper as well as door to door. McDonalds would liaise with respective newspaper agent to promote their products. As newspaper is a wide form of media, the promotion would work as it will attract the attention of consumers. During the economic meltdown, consumers were very frugal.Realizing this, McDonalds Malaysia had publicized their Value Meal through newspaper advertisements and television commercials. It proved to be a huge success as customers had realized that it would not cost much to buy a meal in McDonalds Malaysia. Promotion in the forms of coupons are given out online and also in the forms ofleaflets. In order to increase revenue, McDonalds Malaysia had encouraged consumers to buy more by giving out discount coupons. As a result McDonalds would also have to budget for their promotional efforts for the local media sources. 3.2.1.5 Service As McDonalds strive to serve customers better, they provide value added service in the form of McDelivery. Customer service and deliver staff also play an important role in this value added service. Customer service representatives handle the customers orders, enquiries and also promote the products in McDonalds Malaysia. The delivery person has a role in delivering the food to customers and ensuring that they arrive on time. McDonalds Malaysia must also take into account the cost of the motorcycles, used by the delivery person. Regular servicing of motorcycles is needed to ensure that the vehicle is in working condition. 3.3 Impact of External Influences 3.3.1 Opportunities An opportunity is a major favourable situation in a firms environment. Key trends are one source of opportunities. Identification of a previously overlooked market segment, changes in competitive or regulatory circumstances, technological changes, and improved buyer or supplier relationships could represent opportunities for the firm. 3.3.1.1 Value Meal The economy crisis had impacted the purchasing power of consumers in Malaysia. However, McDonalds Malaysia had overcome this problem by reducing the price of the product. McDonalds Malaysia had introduced a special promotion, which is the Mc Value set. For RM (ringgit Malaysia) 5.95, the set consisted of a burger, medium sized of fries and soft drink. This had attracted a lot of customers as the price of RM5.95 is nearly equal to the price of a bowl of noodle and a beverage in most hawker stalls. Hence, many people would prefer to dine at McDonalds restaurants because of the good dining environment. During the launch of the promotion, there is only one choice in the menu on weekdays, from twelve to three oclock in the afternoon. When the response for the promotion is overwhelming, McDonalds had expanded their promotional items. Instead of one choice, the menu consisted of five choices, and the promotion is not only entitled on weekday but is available every day. This strategy was use d by McDonalds to maintain its sales during recession. 3.3.1.2 Growth and Expanding The McDonalds Malaysia chains were located mostly in the major cities. There are 185 restaurants around Malaysia and most of the restaurants are located in shopping malls and in the Klang Valley because the purchasing power in the city is regarded to be better. However, as the purchasing power in town had increased, more organisations would like to build more factories out of the city since the modal is much cheaper if compared to the city. Thus, the purchasing power will increase from time to time. 3.3.2 Threats A threat is a major unfavourable situation in a firms environment. Threats are key impediments to the firms current or desired position. The entrance of new competitors, slow market growth, increased bargaining power of key buyers or suppliers, technological changes, and new or revised regulations could represent threats to a firms success. 3.3.2.1 Competitor The major competitors for McDonalds Malaysia is KFC Malaysia (Kentucky Fried Chicken) and Burger King. Both of the brands have increased in terms of volume of the restaurant in Malaysia. Moreover, KFC have a good market share in Malaysia. Even though KFC is famous with the fried chicken, but they have different strategies in developing their product, such as developing different types of flavour of fried chicken. KFC Malaysia had localised their product to suit local taste buds, by introducing the chicken rice. This had gotten a good response as not many people had favoured fried chicken. They can either go for other KFC products such as grilled chicken, snack wrap, burger or salad. However, the slogan of KFC Malaysia, good things for all with KFC, as they are targeting different market segments, as compared to McDonalds Malaysia who only focuses on the youth market. Furthermore, Malaysia is famous with its home brand burger, which is the RAMLI burger (the burger hawker stall which is operated by Malays individually). This posed as a threat for McDonalds because RAMLI is cheaper and famous from those days before McDonalds had entered into Malaysia. 3.3.2.2 Customer Perception Nowadays, people are concerned of their health and wish to maintain a healthy life. However, McDonalds Malaysia is not alert on the above matters and still maintains the same menu without bothering about the health conscious consumers. On the other hand, Pizza Hutz and KFC are getting popular in Malaysia because Pizza Hutz had developed a new flavour, vegetable pizza while KFC have added the garden salads to the menu. Unlike McDonalds Malaysia, McDonalds USA does care about the customer needs. Salads and yoghurt have been added to the main menu. This showed that the McDonalds USA does care about the customer needs. It is dangerous for a company when it does not meet the expectations. Therefore, Mc Donalds Malaysia has to be aware about this matter or risk losing their market share. 3.4 PEST Analaysis PEST is an acronym for Political, Economic, Social, and Technological, which are used to assess the market for a business or organizational unit. The PEST analysis headings are a framework for reviewing a situation and can also be used to review a strategy or position, direction of a company, a marketing proposition, or idea. By understanding the environment in which the companies operate (external to the company and department), the advantage of opportunities can be taken and the threats can be minimized. Political The political arena has a huge influence upon the regulation of businesses, and the spending power of consumers and other businesses. Economy Marketers need to consider the state of a trading economy in the short and long-terms. This is especially true when planning for international marketing. Socio-Cultural The social and cultural influences on business vary from country to country. It is very important that such factors are considered. Technology Technology is vital for competitive advantage, and is a major driver of globalization. 3.4.1 Political Factors Malaysias population comprises of many ethnic group, which includes the main three races, Malays, Chinese, Indian and other indigenous groups in East Malaysia. Therefore, Malaysians live in harmony under the slogan of One Malaysia. Thus, the stability of politics in Malaysia would attract more investors to open or expand the business in Malaysia and create more job opportunities, which in turn increase the purchasing power. 3.4.2 Economy Factors The global recession had hit the whole world at the end of 2007. This had resulted in a sharp drop in international trade and unemployment. Malaysia was not deeply affected compared to Singapore because Malaysia had learnt its lesson from the economic crisis in 1997. McDonalds Malaysia had counteract this problem by reducing the price of the product, which are the value meals mention on 3.3.1.1 and the sales is maintained well if compared to other fast restaurant who still maintain the product in the normal price. 3.4.3 Socio-Cultural Factors Malaysia is a multi-religion society and Islam is the official religion as more than half of the Malaysian population practice Islam. The people who practice Islam are known as Muslim and Muslim does not take pork. Thus, McDonalds Malaysia does not serve the pork as a respect to the religion as the majority of Malaysians are Muslim. The Muslims are the major consumers of beef, and therefore, the best selling product in McDonalds Malaysia is the Big Mac. 3.4.4 Technology Factors McDonalds Malaysia recognized the advantage of the Internet and therefore, it had notified the public about the corporate information, promotions and events. However, the McDonalds Malaysia still maintain the McDelivery order by telephone calls. This is the disadvantage for the organisation since the advancement of technology had caused the difference in consumer behaviour. Consumer would prefer to place the order online instead of calling because it would be more accurate. 3.5 Ecological Factors The ecological factors are important in a business due to the factors affect consumer behaviour. The ecological factors in McDonalds business can view by two ways which is the eco-environmental issue and corporate social responsibility (CSR). 3.5.1 Eco- environmental McDonalds Malaysia has followed the global McDonalds which examine ways of reducing material used in the production and packaging, as well as diverting as much as waste as possible from the solid waste stream. 3.5.1.1 Reduce, Reuse and Recycle In doing so, McDonalds had set the three courses of action which involved with the follow three courses of action: reduce, reuse and recycle. Reduce McDonalds will take the steps to reduce the weight and volume of packaging when serving the food. This may mean eliminating packaging, adopting thinner and lighter packaging, changing manufacturing and distribution systems, adopting new technologies or using alternative materials. On the other hand, McDonalds do continually search for materials that are environmentally preferable. Reuse McDonalds do implement reusable materials whenever feasible within the operation and distribution systems as long as that is not compromising the safety and sanitation standards, moreover the customer services and expectations which also not offset by other environmental or safety concerns. Recycle McDonalds are committed to maximum use of recycled materials in the construction, equipping and operations of restaurants. McDonalds are proud to say that they are the largest user of recycled paper in the fast food industry, applying it to such the items as Happy Meal boxes, carry out bags, carryout trays and napkins. 3.5.2 Corporate Social Responsibility (CSR) McDonalds Malaysia has invested a lot in the Corporate Social Responsibility (CSR) and it does make a good business sense as the companies do not operate in a vacuum. A business does maintain a constant, interdependent relationship with the world in which or where the organization operate. 3.5.2.1 Good Works : Gift of smiles In Malaysia alone, 1 out of 600 babies is born with a cleft lip and palate. Out of the 570,000 babies born in this country, about 950 new cases are found each year. To date, there are almost 12,000 babies born with this defect and have yet to undergo corrective surgery. This is mainly due to financial constraints, parental ignorance of the available cure and in some instances, societal beliefs. McDonalds Malaysia has set a goal to instil public awareness and enable parents of these children to come forward and seek medical aid. Thus, McDonalds together with the partners, ING Insurance Berhad and Pantai Hospitals Sdn. Bhd. understand that financial constraints are a huge obstacle for many parents.. McDonalds understands the plight of these parents and would like to help by reducing their burdens. The partnership will see Pantai Hospitals Sdn Bhd undertaking corrective surgery for these children, through fundraising projects initiated by RMCC and cash contribution from ING Insurance Berhad under the Gift of Smile Programme. Together, lets give them the Gift of Smile 3.5.2.2 Sponsorship McDonalds Malaysia believes the organization would have the responsibility to give back as much as they can to the local communities. The idea of giving back is an integral part of everything the organisation doing. The McDonalds Malaysia works in the wider community to provide support and encouragement to the people who need it. All the McDonalds restaurants contribute to their local community and every year the organisation help to set up and support thousands of educational, sporting and charity programs designed to help a wide range of people and community. Consequently, McDonalds has a proactive move towards to sponsorships. McDonalds Malaysia believes the sponsorships help inspire and support Malaysians, especially for those the underprivileged to live a better life. The organisation has keen to delivering great experiences through sponsorships. 4.0 Recommendation McDonalds Malaysia is the second largest fast food franchisor in Malaysia but the business had sustained slowly in these few years. The main reason that McDonalds Malaysia gets stuck in between is because of the failure in achieving customer perception. As compared to Ramli Burger, the local burger had implements research to develop its burgers from time to time. For that reason, McDonalds Malaysia should expand the products line and focus on the youth markets as well as other age segments. By following the competitors footsteps, McDonalds should rebrand their position in the Malaysian fast food market, by not only catering for the youth but also cater to families who are health conscious and seeking value for their money. As a result, product development should be highlighted since the adults and the elderly people have much concern on their health. Moreover, fried food is hard to digest especially for older customers and infants. McDonalds can refer to what the competitors did and develop more healthy menus. It is recommended to have salad in the menu and more juices as the beverage. In addition, McDonalds can replace the vanilla ice cream with yogurt ice cream, which is very popular in the market nowadays. McDonalds Malaysia had to be more initiative in product development for achieving the consumer perception and prevent to lose the market share, as there are many competitors entering into the fast food market from time to time. 5.0 Conclusion The competitors are taking advantages with what McDonalds Malaysia missed in its business strategy. Even though McDonalds is a well known brand but improvisation is needed especially in the competitive market now. The downfall of Lehman Brothers had shown that the super brand have the possibility to fail if the business is not well managed. Hence, as consumers translates into figures in sales, all companies, regardless of any industries, should comply with their consumers expectations. A successful company is a company which can adapt to different type of environments to satisfy different type of consumers. As the saying goes, in Roman, do what the Romans do, companies should adapt to different types of culture to capture the market share in that specific country. REFERENCE LIST Daniels, D.D., Radebaugh, L.H. Sullivan, D.P. 2007, International Business Environment and Operation, 11th Edition, Pearson Education Australia Fisher, G., Hughes, R., Griffin, R.W. Pustay, M.W. 2006, International Business : managing in the Asia-Pacific, 3rd Edition, Pearson Education Australia Pearce II, J.R. 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