Wednesday, May 20, 2020

War Story- Personal Narrative Essay - 575 Words

War Story- Personal Narrative Finally we got a well deserved break from what seemed like our endless marching. As we stopped pain shot up my left leg like a bullet. I looked automatically to my right. Nobody was there. My best friend Simon would usually stand there, as he had in the war before, I could imagine the grin on his face. The images of all those years ago started to play in my mind†¦ It began when we were assembled in the safety of the trench. Then we heard those dreaded words that can make a man throw up with fear for his life. â€Å"Go! Over the top men, go!† I froze, not breathing, not even blinking I was paralysed, standing there motionless, my legs as solid as†¦show more content†¦Then, turning my head again I saw Simon dive to my aid. He did not utter a single word but just gave a faint grin then promptly looked down at my leg and set to work. He freed me and with a little help I made it to the safety of the next shell hole. I owed him my life. Simon refused to stop. He climbed up again to help the others. I tried to tug him back but my efforts were worthless; seen as I was wounded. Gun shots and shell fire pounded my ears like a right hand from a heavy weight boxer. I will never forget the next sound I heard. I knew it was the end so I looked up at the morning sun and prayed towards the heavens. I could hear the screams penetrating throughout my mind. Now I’m standing here about to march on to fight in another war, fighting for my dear friend. When will man kind learn? Now, however, I fear this time I might not be so lucky, especially now, without Simon, who I did not even get a chance to thank for saving my life. Now I try to put the thoughts out of my mind with a tear in my eye turning away from the other soldiers so they cannot see. I can see a large church in front of me and can hear the sounds of children playing. I begin to think about the contrast. The young, blameless children playing happily with each other only a short distance away from where us, the adults are contemplating what lies ahead hideously slaughtering theShow MoreRelatedEssay about Baldwins Notes to a Native Son1712 Words   |  7 Pageswould blaze with the glory of fathers and sons.† This quotation by James Arthur Baldwin helps to bring about one of the main points of his essay, â€Å"Notes of a Native Son.† Baldwin’s composition was published in 1955, and based mostly around the World War II era. This essay was written about a decade after his father’s death, and it reflected back on his relationship with his father. At points in the essay, Baldwin expressed hatred, love, contempt, and pride for his father, and Baldwin broke down thisRead MoreRigoberta Menchu Literary Analysis871 Words   |  4 PagesThe Guatemalan Civil War was a period filled with constant battles between the national government and the indigenous Maya population. In I, Rigoberta Menchu: An Indian Woman in Guatemala, we witness Menchus compelling narrative highlighting indigenous life during the Guatemalan Civil War. Since publication, her narrative has achieved world acclaim as it was awarded the Nobel Peace in 1992. Such acclaim, however, has incited critics to question her narrative, as does anthropologist David Stoll inRead MoreAnalysis Of The Wind Rises And Showa 1660 Words   |  7 PagesTamio Guild Professor Seraphim Asia Pacific War Humanness in Wind Rises and Showa --- fix title Manga and Anime, that found brilliance at the dawn of the digital age, have now moved on from the realm of popular culture to playing a powerful role in shaping the transnational memory of Japan in the twentieth century. Two wonderful examples of the role these two mediums now play in shaping our collective and transnational memories of WWII are the semi-autobiographical manga work, Showa by MizukiRead MoreEssay on WRACK TECHNIQUES994 Words   |  4 Pagesbook Heart of Darkness to explore the darkness in man’s heart. His character Kurt parallels Conrad’s Kurtz. He also quotes from Ondaatje p.37 to develop his idea about maps â€Å"whose portraits have nothing to do with surface.† This coupled with his narrative about the explorers in the Age of Colonialism Develops the idea that reality can be deceptive. It can hold hidden dangers and often are a false premise to start a quest. This links to USE OF MAPS AND DISCUSSION ABOUT USE OF MAPS. Look at the mapsRead MoreThe American War Of 1844-481217 Words   |  5 PagesA once young Ulysses S. Grant once said, â€Å"I do not think there was ever a more wicked war than that waged by the United States on Mexico† (274). The Mexican-American War of 1844-48 was both a controversial and significant part of United States history, yet it’s forgotten by most Americans today. Events such as, the American-Civil War and Spanish-American war overshadows the memory of the Mexican-American War. However without the consequences of the American conflict with Mexico, American historyRead MoreThe Sniper Essay, Liam OFlaherty1066 Words   |  5 PagesThe Sniper Commentary â€Å"The Sniper† by Liam O’ Flaherty is a short story about a sniper, set in the Irish Civil War. The author uses characterization, symbolism and third person limited point of view to develop the central theme of the horrors of war. The main character in the story is the mysterious Sniper, who is serving active duty in the Irish Civil War for the Republicans. The story opens with the Sniper attempting to eat on a rooftop, when an enemy sniper opens fire on him. He retaliatesRead MoreConfusion in War1394 Words   |  6 PagesThe war in Vietnam is without a doubt an outlier in comparison to every other U.S. war, specifically as the only war that the U.S. has ever lost. Losing the war may have been a direct result of a draft that placed young men in Vietnam, many of whom had absolutely no personal goals other than survival. This sets the scene for Going After Cacciato and its main character Paul Berlin. The book is told in the form of three stories. Sixteen chapters are a narrative of the real war, focusing on the deathsRead MoreEssay on Shelby Footes Shiloh1669 W ords   |  7 PagesShelby Footes Shiloh In the novel Shiloh, historian and Civil War expert Shelby Foote delivers a spare, unflinching account of the battle of Shiloh, which was fought over the course of two days in April 1862. By mirroring the troops movements through the woods of Tennessee with the activity of each soldiers mind, Foote offers the reader a broad perspective of the battle and a detailed view of the issues behind it. The battle becomes tangible as Foote interweaves the observations of UnionRead More Personal, Social, and Cultural Contexts Established by the Frame Story in MAUS1635 Words   |  7 PagesPersonal, Social, and Cultural Contexts Established by the Frame Story in MAUS  Ã‚      The use of the frame story, an overarching narrative used to connect a series of loosely related stories, pervades literature. An example of a frame story on a large scale - tying together a whole book-length work, not a simple short story - can be found in Art Spiegelmans graphic novel MAUS. Each of the narratives six sections is framed with snatches of the interaction between Vladek and Art during the interviewRead More Is American Patriotism Also Blind Patriotism? Essay1094 Words   |  5 Pagestimes of war. Governments often use propaganda about nationalism to advocate their political views of the hostilities. Sometimes they even force patriotism on their constituents with fear-mongering techniques, which can have dangerous implications. That’s not to say that patriotism is inherently bad—many wars have been won for just causes because of it. However, it is a mistake to only think of war at a national level. There are devastating effects on the soldiers, families, and victims of war hostilities

Monday, May 18, 2020

Disparity, Discrimination, Judicial System, And State Law...

This paper will explore some of the disparities of how different types of groups are treated, by both federal and state law enforcement agencies, in the American judicial system. Additionally, how discrimination also factors in these processes, from arrest to conviction, while evolving through time in our society. How do these subjects and differing policies influence outcomes in the judicial process? Are there rational theories for some of these practices or instances? We will explore each specific term, consequences, compare and contrast their effects on the judicial process, while gaining some insights and providing specific examples. The purpose of this paper is to some examine online articles and published information, in an attempt to shed some light on this phenomena in our system. Keywords: disparity, discrimination, judicial system, victimization, constitution Disparity and Discrimination Within American Criminal Justice System There has been a lot of research into the reasons that disparities and discrimination exist in the American judicial system, their inadequacies and what should be done if anything, to correct these deficiencies in the process. One particular area that seems to encompass both the disparities and discrimination in the American judicial system is the treatment of young black males in society. Statistics seem to reveal that more blacks commit more crime, and thus are singled out by profiling, and then subsequently incarcerated moreShow MoreRelatedStructured Inequality and Incarceration Essay2843 Words   |  12 Pagesracism still continues today due in part to a form of cultural imagery. This structured inequality is evident in the politics of government and all levels of the criminal justice system. The very system that is to be fair has been found to be racially disparate in the treatment of blacks. The causes and existence of this state has been researched for over the last twenty y ears as to it why does it exist, what are the consequences and how to correct it. Structured Inequality and Incarceration Read MoreInvestigation Of The Criminal Justice Essay1571 Words   |  7 Pageswill be thoroughly analyzed and compared with other sources to bring out the bright image of the criminal justice in America. The arguments of whether there is the efficient administration of the criminal justice system, their methodologies, and how the future of the criminal judicial system will look. Besides, comparison of the information from the attorney and the relevant materials useful in this course will be analyzed and evaluated to produce an accurate report. Background information on the attorneyRead MoreRacial Disparities Of The United States Justice System3104 Words   |  13 PagesPersistent racial disparities are a defining characteristic of the United States justice system. Racial disparities in the justice system are characterized by differences in the proportions of a racial group in the system and in the general population. There is extensive literature detailing the higher likelihood of minorities, specifically African Americans, being arrested, receiving harsher sentences, and being incarcerated more frequently than Whites. As of 2008, African Americans comprisedRead MoreCriminal Justice Policy And Planning4719 Words   |  19 Pages Criminal Justice Policy Planning Table of Contents Executive Summary 3 Thesis 4 Analyzing the Problem 5 Plea Bargaining 5 Budget Issues 6 Racial Disparity 6 Chart on Racial Disparity 7 Goals and Objectives 8 Stakeholders for Mandatory Minimum Sentences 8 Stakeholders against Mandatory Minimum Sentences 8 Impact Model 9 Designing the Program 10 Program Implementation and Monitoring 11 Developmental Implementation Programs Offered 11 Implementation PlanRead MoreThe Relationship Between African American And The American Penal System3653 Words   |  15 PagesInstitution RACIAL DISPARITY IN AMERICAS PENAL SYSTEM 2 Abstract This paper researched the disproportion between African American males and the American penal system. The research addressed the three components that comprise the American Justice System. Those components identified were; the police, who enforce specific laws, investigate crimes and arrest or detain people injunction, seek inductions, drop cases, and reduce charges; also noted is the judicial component which sets bail orRead MoreEssay about Racial Discrimination in the U.S. Justice System4775 Words   |  20 PagesRacial Discrimination in the U.S. Justice System Introduction In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehensionRead MoreThe Complex Relationship Between Community And The Community, Offenders, And Staff3377 Words   |  14 Pages Correctional agencies all have the need to produce clear and concise written directives for the community, offenders, and staff. Since the early 1960, debates on how to improve the correctional policy have increased. Two major concerns are the community and offenders entering the system. Yet, the community is very complex with conflicting components. While developing a significant policy, â€Å"the complex relationship between com munity structure and norms concerning correctional programs (Duffeer andRead MoreDiscrimination in the United States Today Essay2048 Words   |  9 PagesIn the United States today discrimination is still an issue in society. As a society progress has definitely been made, but it has never fully gone away. Some of the most discriminatory action takes place in the American justice system. Young minority males between the ages of 25-29 are subject to being treated the most unfairly while whites of the same age are still being treated better than any race in this country. African American and Hispanic males are being incarcerated at higher rates thanRead MoreNational Policy for the Empowerment of Women4742 Words   |  19 Pagesenshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles.  The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women.Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at women’s advancement in different spheres. From the Fifth Five Year Plan (1974-78) onwards has been a marked shift in the approach toRead MoreTerrorism And Its Effects On Terrorism2307 Words   |  10 Pagesof planning and mitigation can remove 100-percent of the risk from terrorism, hazard mitigation and preparedness can help reduce the risk. Terrorism is the use of force or violence against persons or property in violation of the criminal laws of the United States for purposes of intimidation, coercion, or ransom. The Federal Bureau of Investigation (FBI) categorizes terrorism in the U.S. as one of two types (Watson, 2002): 1. Domestic Terrorism; terrorist activities that focus on facilities or populations

Wednesday, May 6, 2020

The Fault Of Our Stars By John Green - 1502 Words

The Fault in Our Stars, published by John Green in January 2012 is a professional, fictional narration of a sixteen year old girl named Hazel Grace Lancaster and her experience with terminal cancer. Hazel was prepared to die until a surgery followed by radiation and chemo at age fourteen shrunk her tumours and bought her a few more years of life. Hazel has a poor outlook on her remaining years with terminal cancer, she does not wish to form any close bonds due to the fact she is afraid of the impact her death may create on her loved ones. While attending cancer support group which is forced upon her by her mother Hazel meets a seventeen year old boy named Augustus Waters. Augustus is currently in remission from osteosarcoma. Hazel and Augustus form a friendship and agree to read each other’s favorite novels which consist of An Imperial Affliction. The friendship progresses to an intimate relationship and Augustus forever changes her outlook on life and death. Throughout this review I will discuss the main characters, themes, explain why the text is useful to an understanding of death and dying in my culture and I will include my critical thoughts surrounding this novel. Hazel Grace Lancaster is a sophisticated sixteen year old girl from Indianapolis. She was diagnosed with stage IV thyroid cancer at age twelve; the cancer has now spread to her lungs which forces her to carry oxygen with her regularly. Hazel is aware her cancer is terminal and thus does not wish to formShow MoreRelatedThe Fault in Our Stars by John Green624 Words   |  3 PagesOptimism is an emotion that inspires hopefulness and confidence about the future. Optimism propels people and novels forward. Optimism is a driving force in the novel â€Å"Lord of The Flies† by William Golding and the novel â€Å"The Fault in Our Stars† by John Green. In the novel â€Å"Lord of the Flies†,one of the most important emotions is optimism. Without optimism the boys would have no hope that they would make it off the island. At the start of the novel things are not going the boys way, their planeRead MoreThe Fault Of Our Stars By John Green2013 Words   |  9 Pagesnovel, The Fault in Our Stars, John Green describes the hardships, endless love, and a tragedy, that two teenagers must push through to find their forever. Hazel Lancaster, an intelligent, aware, and selfless young girl, has struggled with cancer since the early age of thirteen. Augustus Waters, a smart, metaphor loving, cancer stricken kid, falls completely in love with Hazel Grace, but a great misfortune cuts their time together short. â€Å"Some infinities are bigger than other infinities (Green, 260).†Read MoreThe Fault Of Our Stars By John Green Essay848 Words   |  4 PagesThe fault in our stars is written by John Green, a popular American writer and vlogger. The novel is narrated by Hazel Grace Lancaster, a sixteen year old cancer patient. Her parents force her to attend a Support group so she can make â€Å"friends†. Hazel gets more than a friend from the support group. She befriends a 17 year old called Augustus Waters, the guy she ends up falling in love with. Augustus Waters really inspired me throughout the novel. He was a very strong character who had a positiveRead MoreThe Fault Of Our Stars By John Green1768 Words   |  8 PagesJournal Entry 1: The Fault In Our Stars by John Green. Entry written by Matt Kruse. How realistic are the characters? Would you want to meet any of the characters in real life? How has the author used exposition to introduce you to the characters? Do you like them? Why or why not? Is there a character that you can relate to better than others? Primarily, all of the characters in The Fault In Our Stars are pretty realistic. Most of the characters act like normal people you could just find everyRead MoreThe Fault Of Our Stars By John Green1023 Words   |  5 PagesThe Fault in Our Stars is a book written by John Green. This book has many themes like love for the ways that Hazel and Augustus treat one another. There is courage for the way that these teenagers battle cancer and are brave while doing it. Also, another theme is family for the way that Hazel and Augustus’s parents love them, support them, and comfort them with every decision that they make. The main characters in this book are Hazel Grace Lancaster, the narrator of the book who has cancer and knowsRead MoreThe Fault Of Our Stars By John Green1079 Words   |  5 Pages Augustus Waters once said â€Å"I’m on a roller coaster that only goes up, my friend.† (Green, John). Isaac once stated â€Å"There’s nothing you can do about it.† (Green, John). Augustus Waters and Isaac are fictional character from the popular book, â€Å"The Fault in Our Stars†, written by John Green. These quotes show a little bit of these characters personalities. The exciting and emotional book came out January 2012 and since then a movie was released based on it. (Wikipedia). It includes teens sufferingRead MoreThe Fault Of Our Stars By John Green1490 Words   |  6 PagesIn the novel, The Fault in Our Stars, the author, John Green, provides the reader with a theme that people tend to differ other people who do not appear to be the same as every other average human being. People would contradict this universal truth, but it cannot be denied. From the onset, Hazel is receiving extra care and attention from her parents and guardians. â€Å"‘Mom† I shouted. Nothing. Again, louder, â€Å"MOM!† She ran in wearing a threadbare pink towel under her armpits, dripping, vaguely panickedRead MoreThe Fault in Our Stars: John Green1819 Words   |  7 Pagesâ€Å"That’s the thing about pain†¦ it demands to be felt† John Green eloquently states in the tear-jerking novel The Fault in Our Stars. Ask anyone who read the book about the supporting character, charming Augustus Grey, and quickly witness an almost physical wave of acrimony and nostalgia pass over them. Green’s unique ability to demand compassion from the reader through his cleverly compiled diction forces the reader to feel the extreme pain his characters are faced against. Pain brings people togetherRead MoreThe Fault in Our Stars by John Green2159 Words   |  9 Pagesis invited over to his house to watch a movie. Although , he pulls out a cigarette and Hazel freaks out to which he explains that it is a metaphor, â€Å"You put the killing thing right between your teeth, but don’t give it the power to do its killing† (Green 20). Once at his house Hazel begins to feel not to different from other girls, yet by the time they say goodbye, she cannot get the thought of him out of her head. Hazel shares a book with Augustus and he shares one with her. She quickly reads throughRead More The Fault in Our Stars by John Green784 Words   |  4 Pages Hazel –Main character, has cancer, has to have an oxygen tank, likes Augustus from the start, semi-shy, and has a bit of a dark side, has a GED and goes to community college, but very smart and well put together, feels like shes a grenade. Augustus- Bold, straight forward, a bit of a dark side to, Isaac’s friend, gorgeous, used to be athletic, hasn’t been to school in a year, lost half of his leg to cancer , Hazel’s Parents-wants hazel to make friends, very pushy, caring, loving , worried

Good And Bad Effects Of Computer Essay Example For Students

Good And Bad Effects Of Computer Essay Software Licensing And PiracyAuthor: Kelly SommerfeldEmail: emailprotected In 1993 worldwide illegal copying of domestic and international software cost $12.5 billion to the software industry, with a loss of $2.2 billion in the United States alone. Estimates show that over 40 percent of U.S. software company revenues are generated overseas, yet nearly 85 percent of the software industrys piracy losses occurred outside of the United States borders. The Software Publishers Association indicated that approximately 35 percent of the business software in the United States was obtained illegally, which 30 percent of the piracy occurs in corporate settings. In a corporate setting or business, every computer must have its own set of original software and the appropriate number of manuals. It is illegal for a corporation or business to purchase a single set of original software and then load that software onto more than one computer, or lend, copy or distribute software for any reason without the prior written consent of the software manufacturer. Many software managers are concerned with the legal compliance, along with asset management and costs at their organizations. Many firms involve their legal departments and human resources in regards to software distribution and licensing. Information can qualify to be property in two ways; patent law and copyright laws which are creations of federal statutes, pursuant to Constitutional grant of legislative authority. In order for the government to prosecute the unauthorized copying of computerized information as theft, it must first rely on other theories of information-as-property. Trade secret laws are created by state law, and most jurisdictions have laws that criminalize the violations of a trade-secret holders rights in the secret. The definition of a trade secret varies somewhat from state to state, but commonly have the same elements. For example, AThe information must be secret, Anot of public knowledge or of general knowledge in the trade or business, a court will allow a trade secret to be used by someone who discovered or developed the trade secret independently or if the holder does not take adequate precautions to protect the secret. In 1964 the United States Copyright Office began to register software as a form of literary expression. The office based its decision on White-Smith Music Co. v. Apollo , where the Supreme Court determined that a piano roll used in a player piano did not infringe upon copyrighted music because the roll was part of a mechanical device. Since a computer program is textual, like a book, yet also mechanical, like the piano roll in White-Smith, the Copyright Office granted copyright protection under the rule of doubt. In 1974, Congress created the Natural Commission on New Technological Uses (CONTU) to investigate whether the evolving computer technology field outpaced the existing copyright laws and also to determine the extent of copyright protection for computer programs. CONTU concluded that while copyright protection should extend beyond the literal source code of a computer program, evolving case law should determine the extent of protection. The commission also felt copyright was the best alternative among existing intellectual property protective mechanisms, and CONTU rejected trade secret and patents as viable protective mechanisms. The CONTU report resulted in the 1980 Computer Software Act, and the report acts as informal legislative history to aid the courts in interpreting the Act. In 1980 The Copyright Act was amended to explicitly include computer programs. Title 17 to the United States Code states that it is illegal to make or to distribute copies of copyrighted material without authorization, except for the users right to make a single backup copy for archival purposes. Any written material (including computer programs) fixed in a tangible form (written somewhere i.e. printout) is considered copyrighted without any additional action on the part of the author. Therefore, it is not necessary that a copy of the software program be deposited with the Copyright Office in Washington, D.C. for the program to be protected as copyrighted. With that in mind then a copyright is a property right only. In order to prevent anyone from selling your software programs, you must ask a court (federal) to stop that person by an injunction and to give you damages for the injury they have done to you by selling the program. The Software Rental Amendments Act Public Law 101-650) was approved by Congress in 1990, this Act prohibits the commercial rental, leasing or lending of software without the express written permission of the copyright holder. An amendment to Title 18 to the United States Code was passed by Congress in 1992. This amendment. Known as Public Law 102-561 made software piracy a federal offense, and instituted criminal penalties for copyright infringement of software. The penalties can include imprisonment of up to five years, fines up to $250,000 or both for unauthorized reproduction or distribution of 10 or more copies of software with a total retail value exceeding $2,500 or more. Under United States law duplicating software for profit, making multiple copies for use by different users within an organization, and giving an unauthorized copy to someone else is prohibited. Under this law if anyone is caught with the pirated software, an individual or the individuals company can be tried under both civil and criminal law. A Civil action may be established for injunction, actual damages (which includes the infringer=s profits) or statutory damages up to $100,000 per infringement. The criminal penalties for copyright infringement can result in fines up to $250,000 and a jail term up to five years for the first offense and ten years for a second offense or both. When software is counterfeit or copied, the software developer loses their revenue and the whole software industry feels the effect of piracy. All software developers spend a lot of time and money in developing software for public use. A portion of every dollar spent in purchasing original software is funneled back into research and development of new software. Software piracy can be found in three forms: software counterfeiting, which is the illegal duplication and sale of copyrighted software in a form that is designed to make it appear to be a legitimate program; Hard disk loading, whereby computer dealers l oad unauthorized copies of software onto the hard disks of personal computers, which acts as an incentive for the end user to buy the hardware from that particular dealer; and downloading of copyrighted software to users connected by modem to electronic bulletin boards and/or the Internet. When software is pirated the consumer pays for that cost by new software and/or upgrade version being very expensive. Federal appellate courts in the U.S. have determined that operating systems, object code and software cotained in ROMs are protected by copyright, and some lower federal courts have also determined that microcode (the instructions set on microprocessor chips), and the look and feel of computer screens is subject to copyright protection. Which leads to the problems of the widespread development of multimedia applications that has brought out major problems in clearing copyright for small elements of text, images, video and sound. The United States Government has been an active participant in protecting the rights of the software industry. When the Business Software Alliance (BSA) conducts a raid, Federal Marshals or local law enforcement officials participate also. An organization known as the Software Publishers Association (SPA) is the principal trade association of the PC software industry. SPA works closely with the FBI and has also an written enforcement manual for the FBI to help them investigate pirate bulletin board systems and organizations (audits). With the help of the FBI, the result of enforcement actions resulted in recoveries from anti-piracy actions totaling $16 million since the program started in 1990. Nicholas Ferrar Essay2. Implement a software codes of ethics for everyone to adhere to. The ethics should state that copyrighted software, except for backup and archival purposes, is a violation of the law. 3. Establish a procedure for acquiring and registering software. Determine your companies software needs, evaluate software packages, and also have supervisors approve the plans. Keep the lines of communication open. 4. Establish and maintain a software log. The log should state the date of when the software was acquired, the registration of it, serial number, network version, location of where the software is in use, where the original is, licensing agreement and the location of the original disks. 5. Conduct periodic audits or on a as needed basis comparing the software log and/or other purchase records. 6. Establish a program to educate and train your employees about every aspect of software and its uses. 7. Maintain a library of software licenses and provide users with copies of the agreement. 8. Having done the above seven points, the company can benefit by having obtained software legally, receive full documentation, technical support when needed and also upgrade notices. Patents do not cover specific systems, instead they cover particular techniques that can be used to build systems or particular features that systems can offer. Patent grants the inventor a 17 year monopoly on its use. Once a technique or feature is patented, it may not be used in a system without the permission of the patent-holder even if it is implemented in a different way. Since a computer program usually uses several techniques and provides many features, it can infringe many patents at once. A computer program is built out of ideal mathematical objects whose behavior is defined, not modeled approximately, by abstract rules. An example of this is Borland International, Inc. complained in the 1st Federal District Court gave Lotus Development Corp. the benefit of patent protection to Lotus 1-2-3 menu commands and their order, but failed to require Lotus to meet the requirements of patent law, including novelty, examination and contribution to the prior art. The Supreme Court sid ed with the 1st Circuit decision that one entity cannot own the user interface to programs. Meaning such as file formats, menu structures and programming languages. Software license agreements emerged as the most popular means of protection of proprietary rights in computer software. They coexist with other forms of intellectual property rights as patent and copyright. Software license agreements serve several functions in transactions involving the transfer of computer technology. One of the most important legal functions is the protection of the proprietary rights of the licenser in the transferred software. Other functions include controlling the revenue generated by licensed software and determining the rights and responsibilities of the parties regarding the performance of the licensed technology. Issue related to these functions include the applicability of Article 2 of the Uniform Commercial Code, including offer and disclaimer of warranties, determining the appropriate types of licenses to utilize, such as single users/CPU licenses, Site/enterprise licenses and network/concurrent licenses. Trade secret, copyright and patent law are email protected forms of protection in the sense that they may exist independently of any underlying business transactions and do not necessarily require any transfer of intellectual property from one party to another. Whereas, the need for a license agreement usually arises as one of the contractual forms of protection when the underlying business transaction involves the transfer of intellectual property, such as computer software. Transactions involving the transfer of computer software are subject to both federal and state laws. Generally, state law governs contractual and trade secrets aspects of the transaction, while federal law governs aspects related to patent, copyright and antitrust issues. Each state has its own version of a doctrine of a trade secret, the common thread through these state-specific laws is that if you show that you are seriously treated information as confidential and that the confidential information helped your competitive position, you can stop others from using it if the information was improperly acquired by them, and even collect damages from the wrongdoers. A computer is useless without software. The two types of software typically found on a computer are operating systems software and application software. Operating system software provides interface that makes it easier to develop programs for the system by reducing the amount of code that must be written. The operating system acts as an interface between the computer hardware, application programs and the end user. Application software consists of one or more computer program that fulfill a specific function for the user like word processing, bookkeeping or financial analysis. Two legal cases recently within the last few years has brought to light the controversy regarding the copyright protection of software elements. Until 1992, most of the federal courts followed the decision in Whenlan v Jaslow Dental Laboratory as a precedent of similar cases. Whenlan, a small software company wrote a accounting program for Jaslow Dental Laboratory company. Jaslow rewrote the software to run on personal computers and proceeded to sell the product. The software was identical to Whenlans in the data structures, logic, and the program structure, except for the source code. Jaslow argued that the duplicated elements were part by the of the idea not the expression. The court in response felt that the data structures, logic, and the program structure comprised to make a single function of a computer program, therefore copyright protection should be given to those elements also. In 1992, this protection was weakened by Computer Associates v. Altai, Inc. , when Altai a software developer was accused of copying various modules of a software package developed by Computer Associates which controlled the running of applications on IBM mainframes. The court rejected Whelan=s premise that a computer program embodies one function because programs are made up of sub-routines that contain their own idea. The court recognized this would narrow the scope of software copyright protection and found this in accordance with Congressional intent of computer programs with copyright. This resulted in why currently software copyright is not as broad as it once was. Bibliography:Brandel, William, Licensing stymies users,URL: , Viman Software, Inc., 2002. Business Software Alliance, Software Piracy and the Law,URL:http://www.bsa.org/bsa/docs/soft_pl.html, Business Software Alliance, 2002. Software Publishers Association, SPA Anti-Piracy Backgrounder,URL:http://www.spa.org/, Software Publishers Association, 2002.

The Traditional Economic Theory of The Firm

Question: Discuss about The Traditional Economic Theory of The Firm. Answer: Introduction: According to the Traditional economic theory, the objective the raison dentre of the firm is to maximize profits. The statement implies that a firm enters into the market, whether there is free entry or not, to maximize its own profit. Profit maximization is the process, long run or short run determining the optimum level of output and price returning the highest possible profit to the firm. Along with many approaches in traditional economic theory, the total revenue and total cost approach that relies on the truth that profit is equal to revenue minus cost (Varian 2014). In addition, it focuses on the difference along with the marginal revenue-marginal cost aspect because total profit is reached at the maximum point when the marginal revenue equals the marginal cost. Different market structures: Mainly there are four kinds of market structure prevails in an economy, namely- (i) Perfect Competition, (ii) Pure monopoly, (iii) Monopolistic competition and (iv) Oligopoly. Firstly, in the perfectly competitive market, where the firms exhibit specific criterion such as, selling identical products, price taking specification, having small market share, having complete information about the goods and services that are sold with free entry and exit (Kirzner 2015). In perfect competition, profit is maximized when the price equals marginal revenue of the firm (Fussand McFadden2014). In the monopoly, the profit maximization condition is when the price and marginal revenue equals the marginal cost i.e. MR=MC. The diagram below shows the price Pe is the price of the firm receives for every unit sold which is Average Revenue of the market and Ce being the Average cost of each unit. The diagram shows supernormal profit in monopoly, which is the sustainable long run profit for the market structure. Figure 1: monopoly long run profit For monopolistic competition, the companys demand curve should end up being tangent to the average total cost curve to yield zero profit. This is the long run condition for monopolistically competitive market. Figure 2: Monopolistic competition long run profit In the oligopoly, the market structure is different. The kinked demand curve yielding long run profit is given the in diagram below. Figure 3: oligopoly long run profit Uncertainty: The aspect of uncertainty is discussed with respect to the long-run profit maximization of a firm when it commits production before the price is set. The increase in demand uncertainty does not affect the equilibrium number or size of the firms if the firm is risk neutral. If the firm is risk averse, there will be a reduction in the equilibrium number of firms with an ambiguous effect on the sizes. In the equilibrium, if the firm is risk neutral, it operates at the capacity. Nevertheless, if the firm is risk averse, there will be excess capacity prevailing in the economy (Fudenbergand Tirole2013). The problem of uncertainty affects the long run profits of the firm if it is risk averse. In long term, the firm is affected by the price as the price level is always unpredictable. So whatever be the market structure, the risk averse firm will avoid investing in any kind of productions which will lead to a proper loss for the firm. The situation is quite different in case of the risk lovin g firms as they invest whatever be the future predicted price level. "Principal-Agent" Problem: The principal agent problem is the situation when one party or agent agrees for working in favor of another party, who is the principal, by responding to some incentives. As people directly respond to incentives, the situation yields huge costs for the agents, causing a moral hazard (Okuguchiand Szidarovszky2012). The principal agent problem includes everything from incentives regarding financial forms for avoidance of asymmetric information. The Principal-agent problem, also known as agency dilemma, happens in a situation while a person who is the agent is able making decisions on behalf of any other person or entity who is the principal. The dilemma persists, as the agent at times, gets motivated acting in his best level rather than that of the principal. This relationship of principal-agent is a proper useful tool to analyze the conditions regarding economics and political science. A very common example can be drawn as the relationship between corporate management (agent) and the shareholders (principal). The problem may arise in a greater manner when the two parties face information asymmetry. This is a situation when the principal is not able to ensure directly that the agents activity is at the principals highest level of interest. Here the problems of conflict of interest and Moral Haza rd arise. The problem of moral hazard is the situation when one agent gets involved in any uncertain activity knowing about its protection against risk and the other party incurs the cost. In addition, the principal can be very much concerned about the exploitation possibility by the agent as he decides not to enter into the transaction of the both involved parties. This deviation from the interest of principal by the agent is named as agency costs (Sng2014). Alternative theories: Sales Maximization Theory (William Baumol): The theory by Professor William Baumol on the Theory of Oligopoly incorporated a managerial theory of the company based on the maximization of the sales. The theory exhibits the following assumptions: The firm has a single period horizon, aiming at maximizing the sales revenue in long run subjected to the profit. The firm's minimum level of profit is set competitively on the current value of market shares The oligopolistic firm has a U-shaped cost curve and downward sloping demand curve with conventional total cost and total revenue curve. The Baumols findings regarding the oligopoly firms reveal that they consider the sales maximization objectives. According to the economist, with the ownership separation and modem corporation control, managers seeking prestige and higher salaries to try expanding sales of the company even at the profit expenses (Baumoland Blinder2015). The firm needs to exhibit minimum profits for financing the future expenditures. Minimum profits serve as the constraint on maximizing revenue. According to Baumol, revenue will be maximized only at an output when the demand is unit elastic. Therefore it differs from the traditional economic theory which talks about the invisible hand in market force and automation on equilibrating the optimums. Management Utility Maximization Theory (O.E. Williamson): According to Williamson's utility maximization theory againost the profit maximization, also known as "managerial discretion theory," the managers and shareholders are two separate groups. The shareholders want to maximize the return on the investment as well as maximizing the profits. On the other hand, the managers are interested not only in their own fees but also in their staffs size and the expenses on them. Thus, the theory of Williamson relates to the maximization of the utility of the manager that is the function of staff expenditures and fees and discretionary funds (Sng2014). The assumptions of the model focus on: (i) imperfect competition in the markets, (ii) Divorce of management and ownership, (iii) minimum level of profit constraint existing for the company being able to pay dividends to the shareholders. The model differs from the traditional theory by the means of imperfectly competitive structure with the profit constraints. Satisfying Behavior (Simons): According to Simon's theory, he compared the organizational behavior with the individual behavior. He proposed that as an individual, a firm aspires leveling to keep up with the needs and driving to achieve its goals. The firm has an aspiration for achieving a certain level of profits. The level of aspiration is based on the different goals and aims regarding production, prices, sales, profits, etc. (Varian2014). In the given situation, the firm faces three alternative situations as follows: Firstly, the real achievement is lesser than the level of aspiration, when there is a big lag due to possible fluctuations in economic activities of the firm. Secondly, the achievement is greater than the level of achievement when the firm is quite satisfied with the performance. Thirdly, the achievement equates the level of aspiration when the outcome is also satisfactory. The theory differs from the traditional one in terms of targeting the profit level that the firm has an aspiration to reaching. The major objective is different and not reconcilable. Conclusion: The article critically analyzes the statement that is mentioned- The traditional theory of the firm has long outlived its usefulness in explaining the raison d'entre of business organizations." The theories discussed the important factors affecting the firm's profit maximization conditions. The Simon's model is superior to the model by Williamson as it talks about individualism. On the other hand, in Williamsons model, the managers are concerned with the utility maximization aspect. The Baumols model gives ambiguous ideas into this critical evaluation. References: Baumol, W. and Blinder, A., 2015.Microeconomics: Principles and Policy. Cengage Learning. Fudenberg, D. and Tirole, J., 2013.Dynamic models of oligopoly.Taylor Francis. Fuss, M. and McFadden, D. eds., 2014.Production Economics: A Dual Approach to Theory and Applications: Applications of the Theory of Production(Vol. 2). Elsevier. Kirzner, I.M., 2015.Competition and entrepreneurship.University of Chicago press. McChesney, F.S., Reksulak, M. and Shughart, W.F., 2015.Competition Policy in Public Choice Perspective(Vol. 1, pp. 147-171).The Oxford Handbook of International Antitrust Economics. Okuguchi, K. and Szidarovszky, F., 2012.The theory of oligopoly with multi-product firms.Springer Science Business Media. Sng, T.H., 2014. Size and dynastic decline: The principal-agent problem in late imperial China, 17001850.Explorations in Economic History,54, pp.107-127. Varian, H.R., 2014.Intermediate Microeconomics: A Modern Approach: Ninth International Student Edition. WW Norton Company.