Destructive Science Essays - Research, Science, Technology

Destructive Science Essays - Research, Science, Technology Destructive Science Although science can advance and improve society, science can also destroy the people it was intended to serve. Scientists have long held the belief that sacrifice of a few is justified by the beneficial potential for the masses and therefore have traditionally used animals and even at times humans as the subject of experiments. Society itself has also predominantly accepted the scientist's view, and welcome new experiments, hoping for new scientific advances that will help society. With new technology, power comes easily to those who learn to harness it, and scientific research has expanded the power of the common person to levels where one man can literally destroy the world. Although science is researched by people to answer questions of "what if," and also to benefit society, the experiments which enhance scientific knowledge is destructive to the one being experimented upon. In amassing the massive amount of scientific knowledge, an even greater number of animals have been destroyed. Such destruction is now at times thought of as essential to an experiment. Science has learned that subjects must be sacrificed for advancement of knowledge. Thus the 20th century version of religious animal sacrifice is performed everyday in laboratories, with the scientists hoping that the use of animals themselves will bring scientific enlightenment. To add to the problem, science not only destroys in the process of new knowledge, but also creates the potential for global destruction. With scientific "achievements" such as the nuclear bomb, society has been wary about thermo-global nuclear destruction that could easily be triggered by one lunatic who has access to nuclear weapons. Although science can and is mostly beneficial to society, the advancement of knowledge can empower evil as well as good. Rappuccini, empowered with scientific knowledge, carried on evil and destructive experiments. Modern scientists also carry on destructive experiments to merely "see if it can be done," and believe that nothing is sacred in the path of new scientific knowledge. In essence, science has become the determinant of their morals, and thus a new type of religion is created for those who view science for more than it is: the search for truth, not an excuse to perform the scientist's fancy.

A Guide to Dantes 9 Circles of Hell

A Guide to Dantes 9 Circles of Hell Dante’s Inferno (14th C) is the first part of a three-part epic poem, followed by and Paradiso. Those approaching the La Divina Commedia (The Divine Comedy) for the first time might benefit from a brief structural description. This first part is Dante’s journey through the nine circles of Hell, guided by the poet Virgil.  At the beginning of the story, a woman, Beatrice, calls for an angel to bring Virgil to guide and aid Dante in his journey so that no harm will befall him. The nine circles of Hell, in order of entrance and of severity   Limbo: Where those who never knew Christ exist. Dante encounters ​Ovid, Homer, Socrates, Aristotle, Julius Caesar and more here.  Lust: Self-explanatory.  Dante encounters Achilles, Paris, Tristan, Cleopatra, Dido, and others here.Gluttony:  Where those who over-indulge exist.  Dante encounters ordinary people (i.e. not characters from the epic poems or gods from mythology) here.  Boccaccio takes one of these characters, Ciacco, and later incorporates him into The Decameron (14th C).Greed: Self-explanatory. Dante encounters more ordinary people, but also the guardian of the circle, Pluto.  Virgil discusses the nation of â€Å"Fortune† but they do not directly interact with any inhabitants of this circle (the first time they pass through a circle without speaking to anyone – a comment on Dante’s opinion of Greed as a higher sin).Anger: Dante and Virgil are threatened by the Furies when they try to enter through the walls  of Dis (Satan). This is a  further progression in Dante’s evaluation of the nature of sin; he also begins to question himself and his own life, realizing his actions/nature could lead him to this permanent torture.   Heresy: Rejection of religious and/or political â€Å"norms.†Ã‚  Dante encounters Farinata  degli  Uberti, a military leader and an aristocrat tried to win the Italian throne, convicted of heresy in 1283. Dante also meets Epicurus, Pope Anastasius II, and Emperor Frederick II.  Violence:  This is the first circle to be further segmented into sub-circles or rings. There are three of them, the Outer, Middle, and Inner rings, and each ring houses different types of violent criminals.  The first are those who were violent against people and property, such as Attila the Hun.  Centaurs guard this Outer Ring and shoot its inhabitants with arrows.  The Middle Ring consists of those who commit violence against themselves (suicide).  These sinners are perpetually eaten by Harpies.  The Inner Ring is made up of the blasphemers, or those who are violent against God and nature. One of these sinners is  Brunetto  Latini, a sodomite, who was Dante’s own mentor (n ote that Dante speaks kindly to him). The usurers are also here, as are those who blasphemed not just against â€Å"God† but also the gods, such as Capaneus, who blasphemed against Zeus. Fraud: This circle is distinguished from its predecessors by its being made up of those who consciously and willingly commit fraud.  Within the 8th  circle, there is another called the Malebolge  (â€Å"Evil Pockets†) which houses 10 separate Bolgias  (â€Å"ditches†). In these exist different types of frauds, including: Panderers/Seducers (1), Flatterers (2), Simoniacs  (those who sell ecclesiastical preferment) (3), Sorcerers/Astrologers/False Prophets (4), Barrators  (corrupt politicians) (5), Hypocrites (6), Thieves (7), False Counsellors/Advisers (8), Schismatics (those who separate religions to form new ones) (9), and Alchemists/Counterfeiters, Perjurers, Impersonators, etc. (10).  Each of these Bolgias  is guarded by different demons, and the inhabitants suffer different punishments, such as the Simoniacs who are stood head-first in stone bowls and forced to endure flames upon their feet.Treachery:  The deepest circle of Hell, where Satan reside s.  As with the last two circles, this one is further divided, this time into four rounds. The first is Caina, named after the Biblical Cain who murdered his own brother.  This round is for traitors to kindred (family).  The second is named Antenora  and comes from Antenor of Troy who betrayed the Greeks.  This round is reserved for political/national traitors. The third is Ptolomaea (for Ptolemy son of Abubus) who is known for inviting Simon Maccabaeus and his sons to dinner and then murdering them.  This round is for hosts who betray their guests; they are punished more harshly because of the traditional belief that having guests means entering into a voluntary relationship (unlike the relationships with family and country, which we are born into); thus, betraying a relationship you willingly enter is considered more despicable.  The fourth round is Judecca, after Judas Iscariot who betrayed Christ. This is the round reserved for traitors to their lords/benefactors/m asters. As in the previous circle, the subdivisions each have their own demons and punishments. The Center of Hell After making their way through all nine circles of Hell, Dante and Virgil reach the center of Hell. Here they meet Satan, who is described as a three-headed beast.  Each mouth is busy eating a specific person – the left mouth is eating Brutus, the right is eating Cassius, and the center mouth is eating Judas Iscariot.  Brutus and Cassius are those who betrayed and caused the murder of Julius Caesar.  Judas did the same to Jesus Christ.  These are the ultimate sinners, in Dante’s opinion, as they consciously committed acts of treachery against their lords, who were appointed by God.

Developing Successful Business Teams Essay Example | Topics and Well Written Essays - 5000 words

Developing Successful Business Teams - Essay Example Therefore, the organisations in the present business world often emphasise and promote adequate cooperation among the team members to efficiently attain their desired goals and objectives as per the planning. Moreover, the firms also seek to promote credibility of the workforce and emphasise on adequate and effective communication processes among the members in order to obtain greater control and productivity of the organisation (Mickan & Rodger, 2000). Emphasising upon the emerging competition and striving performance of the marketers, the major objective of this report is to demonstrate and understand the primary features of a successful business team. Thus, the discussion of this report will be focused on highlighting and analysing the major traits along with explaining the major phases to improve the performance of a success business team. Additionally, the paper will also focus on assessing the monitoring processes which can enable the organisation to attain greater efficiency of a successful team. 2. The Features of Successful Business Team Defining the major characteristics of a successful business team always constitutes a broad consensus which represents a large number of attributes to enhance the level of efficiency within the workforce or staff members. A successful business team comprises a large number of attributes which accumulatively facilitates the organisation to proactively perform its each operation with clarity and efficiency. Understanding the ultimate goals of the team and the organisation on the whole is one of the fundamental characteristics of an effective and successful team. In this regard, the team members should be highly aware to prioritise the ultimate aim of the team which can generate adequate capability to achieve the stipulated goals as planned for the benefits of the organisation.... Additionally, the paper will also focus on assessing the monitoring processes which can enable the organisation to attain greater efficiency of a successful team. 2. The Features of Successful Business Team Defining the major characteristics of a successful business team always constitutes a broad consensus which represents a large number of attributes to enhance the level of efficiency within the workforce or staff members. A successful business team comprises a large number of attributes which accumulatively facilitates the organisation to proactively perform its each operation with clarity and efficiency. 2.1 Characteristics of a Successful Business Team a. Understanding the Team Goals Understanding the ultimate goals of the team and the organisation on the whole is one of the fundamental characteristics of an effective and successful team. In this regard, the team members should be highly aware to prioritise the ultimate aim of the team which can generate adequate capability to a chieve the stipulated goals as planned for the benefits of the organisation. b. Commitment Commitment towards complying with a common philosophy through sharing value to each member of the team can also efficiently attain the ultimate desires of the organisation. Moreover, it can also empower the members to increase their productivity substantially. c. Recognising Roles and Responsibilities It is also important for the members of a successful team to clearly identify their respective roles and responsibilities within the organisation. This particular factor tends to enhance the overall capability of the organisation in terms of accomplishing each task within the specified time in an adequate

Marketing Essay Example | Topics and Well Written Essays - 1500 words - 35

Marketing - Essay Example A Marketing Mix is first devised when a company is makes a marketing strategy; this consists a study of the product itself, the price that must be set, the places it should be sold from and the promotional methods that are to be implemented. There are various methods of marketing, and their selection depends entirely upon the product’s target audience. Following our some of the most popular methods used for marketing (Business Consulting Buzz): The major methods of marketing include Direct Mail, which is a mail sent by the companies to their prospective clients. Either this is done systematically or randomly, when done systematically, first a list is made, of the demographics of the target audience, and then the marketing mail is sent to all these people. However, this form of marketing is costly, can not reach a wider audience and is only feasible for companies interested in a particular locality or audience, e.g. a new restaurant opening in a particular locality. Another way is to send out emails to various possible customers, this form can reach a wider audience but there is a danger that the mail might be deleted before being read. Print media is another popular promotional method; this includes newsletters, newspapers and magazines. When a wider audience is intended newspapers can be a very beneficial way of marketing, however, when a particular group for instance young women or kids are the target audience, magazines that are popular in these groups can be used. Newsletters, brochures and other print promotional methods are also used, but are less sustainable. However, they have the power to be referred to or be kept for a long time by possible customers. However, this form of marketing can be very expensive, the more popular and widely read the magazine or newspaper, the higher is the cost for placing ads. Also printing several brochures or newsletters is an extremely costly option

The Great Depression Essay Example for Free

The Great Depression Essay The Great Depression (1929-39) was the deepest and longest-lasting economic downturn in the history of the Western industrialized world. In the United States, the Great Depression began soon after the stock market crash of October 1929, which sent Wall Street into a panic and wiped out millions of investors. Over the next several years, consumer spending and investment dropped, causing steep declines in industrial output and rising levels of unemployment as failing companies laid off workers. By 1933, when the Great Depression reached its nadir, some 13 to 15 million Americans were unemployed and nearly half of the countrys banks had failed. Though the relief and reform measures put into place by President Franklin D. Roosevelt helped lessen the worst effects of the Great Depression in the 1930s, the economy would not fully turn around until after 1939, when World War II kicked American industry into high gear. Historical Importance of the Great Depression: The Great Depression, an immense tragedy that placed millions of Americans out of work, was the beginning of government involvement in the economy and in society as a whole. Dates: 1929 early 1940s Overview of the Great Depression: The Stock Market Crash After nearly a decade of optimism and prosperity, the United States was thrown into despair on Black Tuesday, October 29, 1929, the day the stock market crashed and the official beginning of the Great Depression. As stock prices plummeted with no hope of recovery, panic struck. Masses and masses of people tried to sell their stock, but no one was buying. The stock market, which had appeared to be the surest way to become rich, quickly became the path to bankruptcy. And yet, the Stock Market Crash was just the beginning. Since many banks had also invested large portions of their clients savings in the stock market, these banks were forced to close when the stock market crashed. Seeing a few banks close caused another panic across the country. Afraid they would lose their own savings, people rushed to banks that were still open to withdraw their money. This massive withdrawal of cash caused additional banks to close. Since there was no way for a banks clients to recover any of their savings once the bank had closed, those who didnt reach the bank in time also became bankrupt. Businesses and industry were also affected. Having lost much of their own capital in either the Stock Market Crash or the bank closures, many businesses started cutting back their workers hours or wages. In turn, consumers began to curb their spending, refraining from purchasing such things as luxury goods. This lack of consumer spending caused additional businesses to cut back wages or, more drastically, to lay off some of their workers. Some businesses couldnt stay open even with these cuts and soon closed their doors, leaving all their workers unemployed. The Dust Bowl: In previous depressions, farmers were usually safe from the severe effects of a depression because they could at least feed themselves. Unfortunately, during the Great Depression, the Great Plains were hit hard with both a drought and horrendous dust storms. Years and years of overgrazing combined with the effects of a drought caused the grass to disappear. With just topsoil exposed, high winds picked up the loose dirt and whirled it for miles. The dust storms destroyed everything in their paths, leaving farmers without their crops. Small farmers were hit especially hard. Even before the dust storms hit, the invention of the tractor drastically cut the need for manpower on farms. These small farmers were usually already in debt, borrowing money for seed and paying it back when their crops came in. When the dust storms damaged the crops, not only could the small farmer not feed himself and his family, he could not pay back his debt. Banks would then foreclose on the small farms and the farmers family would be both homeless and unemployed. Riding the Rails :During the Great Depression, millions of people were out of work across the United States. Unable to find another job locally, many unemployed people hit the road, traveling from place to place, hoping to find some work. A few of these people had cars, but most hitchhiked or rode the rails. A large portion of the people who rode the rails were teenagers, but there were also older men, women, and entire families who traveled in this manner. They would board freight trains and crisscross the country, hoping to find a job in one of the towns along the way. When there was a job opening, there were often literally a thousand people applying for the same job. Those who werent lucky enough to get the job would perhaps stay in a shantytown (known as Hoovervilles) outside of town. Housing in the shantytown was built out of any material that could be found freely, like driftwood, cardboard, or even newspapers. The farmers who had lost their homes and land usually headed west to California, where they heard rumors of agricultural jobs. Unfortunately, although there was some seasonal work, the conditions for these families were transient and hostile. Since many of these farmers came from Oklahoma and Arkansas, they were called the derogatory names of Okies and Arkies. (The stories of these migrants to California were immortalized in the fictional book, The Grapes of Wrath by John Steinbeck. ) Roosevelt and the New Deal: The U. S. economy broke down and entered the Great Depression during the presidency of Herbert Hoover. Although President Hoover repeatedly spoke of optimism, the people blamed him for the Great Depression. Just as the shantytowns were named Hoovervilles after him, newspapers became known as Hoover blankets, pockets of pants turned inside out (to show they were empty) were called Hoover flags, and broken-down cars pulled by horses were known as Hoover wagons. During the 1932 presidential election, Hoover did not stand a chance at reelection and Franklin D. Roosevelt won in a landslide. People of the United States had high hopes that President Roosevelt would be able to solve all their woes. As soon as Roosevelt took office, he closed all the banks and only let them reopen once they were stabilized. Next, Roosevelt began to establish programs that became known as the New Deal. These New Deal programs were most commonly known by their initials, which reminded some people of alphabet soup. Some of these programs were aimed at helping farmers, like the AAA (Agricultural Adjustment Administration). The End of the Great Depression: To many at the time, President Roosevelt was a hero. They believed that he cared deeply for the common man and that he was doing his best to end the Great Depression. Looking back, however, it is uncertain as to how much Roosevelts New Deal programs helped to end the Great Depression. By all accounts, the New Deal programs eased the hardships of the Great Depression; however, the U. S. economy was still extremely bad by the end of the 1930s. The major turn-around for the U. S. economy occurred after the bombing of Pearl Harbor and the entrance of the United States into World War II. Once the U. S. was involved in the war, both people and industry became essential to the war effort. Weapons, artillery, ships, and airplanes were needed quickly. Men were trained to become soldiers and the women were kept on the homefront to keep the factories going. Food needed to be grown for both the homefront and to send overseas. It was ultimately the entrance of the U. S. into World War II that ended the Great Depression in the United States.

Star Wars :: essays papers

Star Wars Star Wars is a great example of excellent sound quality in a movie. There are dozens of different sound effects that make this movie a classic. The most commonly overlooked piece of audio in a movie is the character’s voices. The voices in Star Wars play a large part of the movie. Each character has a distinct voice and a distinct way that they speak. Darth Vader has an extremely deep voice and speakes in long draw out words, to help show how evil he is. Han Solo has a rugged sounding voice and is very direct when he talks. Han is considered to be a tough guy who likes to be a loner, yet he has a sidekick. Luke Skywalker has a soft, young sounding voice to show how inexperienced he is. CP-30 is a robot who has human qualities and has a crackly voice that shows how nervous he is and how much of a wimp he is. Other aliens in the movie in the movie make weird noices that have to be translated at the bottom of the screen. Another common sound effect used in the movie is lasers. Lasers are used in the fight scenes that take place with the space ships. The sound effects of the ships themselves are incredible and the sound when they get hit get hit by a laser really grabs the attention of the viewer. Other sound effects include the sound of the light sabers that Luke Skywalker and Darth Vader use. They make a vibrating sound, which is supposed to help its glowing visual effect. They also make a sound that is similar to the sound a bug zapper makes when a bug hits it. The light saber also makes a nosies when specific noise when it is swung and misses its target The score to the movie is also very important. The entire score is instrumental. It is all orchestral music. The music helps to intensify certain sences with loud interludes and then can be very soft in other parts to create a calm environment. Overall this is movie has excellent sound quality. Casino There are many specific sound effects used in the movie Casino. There is the sound of a crowded room and people gambling in the casino. There are sounds of machines hitting the winning combination and people celebrating the money they just won.

Measurements of physical characteristics Essay

Measurements of physical characteristics are used widely in everyday human life, whether in household or industrial processes, in service or in scientific researches. Some of the main categories of regularly measured parameters are weight, length, area, volume, temperature, density, concentration, voltage, amperage and power. Measurement units historically differed from nation to nation, but over time there is a straight tendency for unification of units. Metric system is recognized as universal in ever-growing number of countries and this allows to minimize differences and errors in international scientific, trade and other types of communications. In metric system, meter, its multiples and fractionals are used for the measurements of length, square meter and its derivates are for measurements of area, cubic meter – for measurements of volume. For measuring temperature there are Celsius or Fahrenheit degrees used, for measuring density – kilogram per cubic meter. Voltage in international metric system is measured in volts, amperage – in amperes, and watts are used for measuring power. To perform measurements one needs to have appropriate instruments. These instruments should have accuracy grade acceptable for the type and purpose of measurements that will be performed. When measurement of length is performed, the only kind of instruments needed is tape-measure or straight scale, if size of measured object is relatively small. If distance that has to be measured is large, and surface between starting and finishing points is not smooth, more sophisticated instruments will be needed to perform required measurements. Measurements of area and volume will sometimes require certain calculations in addition to direct measurements. If measurement of an area of regular shape is performed, it is enough to measure length of the sides of that area and then apply relatively simple formulas for calculation of that area. But if the area measured has irregular shape with edges of bizarre form, calculations will be far more complex and may require solution of integral equations to determine approximate size of an area in question. When it is necessary to measure volume of a liquid, volumetric glassware is enough. But when the volume of a body with complex form shall be calculated, procedure of measurement may become much more complicated. If the body with unknown volume is available for direct measurement, it may be submerged into the water or any other liquid and volume of displaced liquid that is equal to the volume of that body, could be measured. But if that body is not available for direct measurement and is given in form of a scheme with known parameters measured or set beforehand, then rather complicated calculations may be required to estimate the volume of a said body. Density of a liquid may be measured using special instrument called densitometer, which is based on displacement of a certain amount of liquid by the weight of the instrument. The higher density of examined liquid, the smaller will be volume of liquid displaced. For estimation of the density of gases or solid bodies another methods shall be applied, because displacement-based densitometry cannot be applied to non-liquid substances. Measurements of mass and volume are usually performed, and density then is calculated using the simple formula of mass divided by volume. Temperature can be measured using thermometers of different types – liquid-filled, electric, etc. Electric parameters like amperage, voltage and power, could be measured either directly using specific measuring devices, or indirectly by measuring related parameters and later calculating values of parameters required. For a list of physical parameters there are specific units in the system of measurements. Some of the examples were given above. For another example, unit for measuring force is newton, and unit for pressure is pascal. Certain parameters can be formulated indirectly through other units. Speed, for example, is defined as unit of distance passed per unit of time, and acceleration – as rate of change of speed per unit of time. Consequently, force that influences a body, may be calculated through known mass of the body, its beginning speed and rate of change of its speed under the influence of the force studied. Unfortunately, measurements can never provide us with absolute values of parameter we are interested in. Due to imperfection of both human perception, instruments for measurements and because of influence of unstable environmental conditions upon the instrument, body that is subjected to measurements and the person performing measurements, some imprecision will always be present. Additionally, when performing measurements, observer sometimes has to use estimated data because more or less precious values can not be obtained under current conditions. Or maybe high precision values of a given parameter are not important for the current task. Either way, estimation of measured data sometimes takes place, as well as certain ever-present

Gammasonics Institute for Medical Research Pty Ltd

Gammasonic v Comrad[1] demonstrates the reluctance of the courts to interpret the Sale of Goods Act to include software downloads as a â€Å"good†, preferring to leave the matter up to statutory review. It primarily discusses whether a software package delivered by online download is effectively classed as â€Å"goods† for application of Sale of Goods Act[2] and outlines the progressive court decisions that have considered the question and have begun to recognize software attached to a medium, like a cd package as a â€Å"goods†. It also briefly addresses the applicability of statutory warranties of fitness for purpose and merchantable quality and supports that fitness for purpose and merchantable quality are implied by common law giving reference the test for implication in fact outlined in BP Refinery (Westernport) v Shire of Hastings (1977)[3] Background and overview The disputing parties are Gammasonics, a provider of services to radiologists in NSW, and Comrad, a business that provide software and information management systems to radiologists in Australia and New Zealand. The dispute concerns a contract between the parties for the delivery and installation of a software package via remote internet download called â€Å"Comrad RIS†; which was to manage workflow, patient registration and appointments, online referrals and processing of Medicare claims for Gammasonics. The software was downloaded onto Gammasonics’ server and Gammasonic were purportedly responsible for hardware configuration and the network infrastructure specified to run the software. Comrad delivered the software via internet download and certain areas of the software did not function as required. Gammasonics claimed to terminate the contract for breach of terms including â€Å"failure to deliver a functioning software package, failure to provide goods of a merchantable quality and/or for the delivery of a software package which was not fit for its intended purpose.† [4] Comrad in turn sought an award for damages due to the repudiation of the contract by Gammasonic. Trial Proceedings This case is an appeal from Local Court against orders made by Magistrate Quinn in favour of Comrad for the amount of $58,011.21. There Magistrate Quinn was not convinced the software supplied by Comrad was a â€Å"good† as defined in s5 of the Sale of Goods Act 1923[5] and â€Å"held the act did not apply†[6]. She also found Comrad failed in the delivery of certain components required for the software functioning; however it was stated that it was â€Å"Gammasonics' own acts or omissions and not any conduct for which it had contractual responsibility that rendered the system unworkable, such that Gammasonics’ purported termination was a repudiation of the contract thereby entitling Comrad to sue for damages.†[7] Material Issues The following are the key issues that arise from the judgement and contain the essential elements of the case which will be discussed in this case note. 1. Whether a software package delivered by online download is effectively classed as â€Å"goods† for application of Sale of Goods Act.[8] 2. Whether equivalent terms of fitness for purpose and merchantable quality are implied by common law. 3. Breach of essential terms The matter of whether a breach of contract is a question of mixed fact and law is also addressed in this case but it will not be extensively discussed within this case note. Whether a question of mixed fact and law arises was dealt with early in the case and Fullerton J was satisfied that the question of whether her Honour erred in holding that Comrad was not in breach of the contract, involved a question of mixed fact and law and as such leave to appeal ought be granted. Comrad also filed a notice for contention on two points one concerning the implication of terms into the contract equivalent to the statutory warranties of merchantable quality and fitness for purpose, the other on the question of breach. The Sale of Goods Act 1923 The definition of goods provided in the Sale of goods Act 1923 (NSW) s5(1) is Goods include all chattels personal other than things in action and money. The term includes emblements and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. It was submitted by Gammasonics that the software provided by Comrad was within the statutory definition of â€Å"goods† and they relied among other things on the implied condition as to quality or fitness in the act outlined in s19.[9] On appeal a request was made to consider whether there was a â€Å"Fresh Analysis of Authorities†[10] with a more modern approach to interpretation of the Act. Whether a software package delivered by online download is effectively classed as â€Å"goods† for application of Sale of Goods Act.[11] The case gives a thorough analysis and contains a comprehensive list of authorities that include case law and secondary sources which have reviewed this question. The key area of difference noted was that the software was delivered by download onto a server. This distinguished the case from that of others including Toby Constructions Products Pty Ltd v Computa Bar (Sales) Pty Ltd[12] where the software was held to be a ‘good’ because it comprised both software and hardware. Gammasonics relied on a passage from Advent Systems Ltd v Unisys Corp [13] as authority where an analogy was drawn to musical compositions and music on cds suggesting that once the software had been downloaded to the server it became a tangible thing. However the common thread is that software provided on a disc falls within the statutory definition of a ‘good’ while remote download via a license it appears currently does not. The case Fullerton J considered most analogous to the facts was St Albans City. [14] In this case the question of whether the transfer of the software, without the sale of the disk would give rise to a sale of â€Å"goods† under the Sale of Goods Act 1979 (UK) was considered by Sir Glidewell. There the disk was likened to an instruction manual however again the distinction is made between the delivery of the software via disk format and remote download a distinction that was also noted by Sir Glidewell. An Australian case that revisted the question was Re Amlink Technologies Pty Ltd and Australian Trade Commission[15] this case did not follow the reasoning offered in St Albans City[16] by Sir Glidewell and considered the proposition taken to the extreme would see goods being defined in areas that where never meant to be covered by the act. Secondary sources were further considered as Gammasonics highlighted what they supported to be a ‘growing trend’ in Australia to recognize software as a ‘good’[17] The recent Trade Practices Law Journal article by Svantesson discussed the stages of development citing Toby Constructions[18]as the first step taken in recognition of software sold together with hardware as a good. The article also highlighted the decision in Amlink Technologies[19] to recognize software attached to some physical medium and suggested the next logical step for the courts was to further recognize software not attached to a physical medium. A passage from a conference paper was also considered[20]where the distinction is made that where a customer purchases a digitized version of an encyclopedia it is a good however where it purchases access to the encyclopedia database it is a supply of a service. The facts of this case are most like that of the first scenario and the plaintiff submitted that the authorities support the conclusion that the software provided by Comrad is a ‘good’ under the act[21] It fell however to the principals of statutory interpretation in particular the everyday meaning of goods and possession. Comrad submitted that the ordinary meaning and any interpretative words referred to things that are tangible; therefore, â€Å"because lines of computer code are intangible the position contended for by Gammasonics was inconsistent†.[22] Fullerton noted that it was preferable to give protection to consumers purchasing software by digital download and noted that research suggests that this is an increasing form of delivery means but stressed the need for legislative reform[23] in the area not judicial intervention and found that the Sale of Goods Act did not apply. Whether equivalent terms of fitness for purpose and merchantable quality are implied by common law. The case also outlines that common law terms as to fitness for purpose and merchantable quality can be implied. This is in accordance with test for implication in fact [24] from BP Refinery (Westernport) v Shire of Hastings which is: 1) it must be reasonable and equitable; (2) it must be necessary to give business efficacy to the contract, so that no term will be implied if the contract is effective without it; (3) it must be so obvious that â€Å"it goes without saying†; (4) it must be capable of clear expression; (5) it must not contradict any express term of the contract†. Although the test was ultimately not considered. Breach of Essential Terms With regard to the breach of essential terms two main areas were readdressed. The interfacing with Medicare and network incompatibility. In both cases the documentary evidence was reviewed. While the plaintiff submitted that the findings of the Local Court were in error and that Comrad was responsible for both resolving the problems of interfacing with Medicare and for creating the interfacing problems. Comrad failed to provide sufficient evidence to support these claims and Fullerton J was not satisfied that Quinn J was in error therefore the appeal was dismissed. Effect on Current Law This case has been referred to in a recent journal article discussing when ‘software is a good’.[25] It has also been referenced in the recent edition of Australian Commercial Law[26] as the authority for the principal that software delivered online does not constitute a good, within the meaning of the Sale of Goods Act[27]. The case highlighted the need for legislative review in regard to the status of computer software and with the introduction of new legistlation The Australian Consumer Law (ACL) it has finally been decided that for the purposes of the ACL software is now specifically included within the definition of goods [28] affording consumers protection under s54 Guarantee as to acceptable quality[29] and s55 Guarantee as to fitness for any disclosed purpose.[30] It also shows the courts reluctance for judicial intervention on matters that may have wider applications in the interpretation of legislation and illustrates the progressive nature of the courts to effect change.

Understanding Market

Understanding Market Introduction Over the past several decades, the world has seen fast growth in technology. Companies in the hardware and software development fields have extensively invested in innovative ideas. They have also enhanced their understanding of devices and how to make life simpler for technology users.Advertising We will write a custom assessment sample on Understanding Market MediaFire specifically for you for only $16.05 $11/page Learn More MediaFire is one of the companies that have identified the opportunity presented by the internet through social media, data sharing, and file sharing. The company differentiates itself in the field by developing a platform that allows users of different technological devices to back-up different files. The company focuses on enabling its consumers to save their files for security purposes, and it has also developed a channel that allows the customers to share the files with their friends. File sharing in the current state of technological growth is the biggest challenge because of the space required in gadgets, and the ability to share important files fast and easy. MediaFire has taken up the challenge to provide its users with the most secure, easy-to-use, and fast way to back-up and share files. The system allows its users to save and share software, music, documents, and many other digital files. The company has developed user applications to simplify the use of the system. The applications are compatible with different operating systems to ensure that customers with computers, tablets, mobile phones, and other internet-enabled gadgets. This paper looks to highlight the opportunities and threats that exist in MediaFire’s cloud. Market size The market size of the company has been on an increasing trend owing to the fast consumption of internet-enabled mobile phones across the world. More people in the emerging markets for smartphone developers are acquiring mobile phones that can accommodat e the free MediaFire application. According to the company’s website, there are more than 150 million people using the MediaFire on a monthly basis. The cloud system is yet to be introduced to a large number of people across the globe; hence, there are many emerging markets that the company can harness. The company has particularly targeted marketing through its interactive website and social media platforms.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This approach indicates that as more people continue using social media platforms, the number of potential users of MediaFire will continue increasing across the globe. The marketing department of the company has indicated that the company’s website is one of the most effective marketing channels. Over 345 million people visit the website on a monthly basis. A big number of the visitors to the website are from the United States, and other developed nations where more people have access to internet-enabled gadgets (MediaFire, 2015). Growth MediaFire has seen tremendous growth over the past several years as the target population across the world continues to appreciate media and technology. Growth in the company is expected to be influenced by the youth across the world because 85% of the visitors to its website are aged between 18 and 54 years. 53% of these visitors are male; hence, the men across the world are expected to make a bigger contribution to MediaFire’s growth. Researchers in the company have revealed that on average, every visitor to the site spends 8 minutes. This time translates to about 2 million hours spent on the system on a daily basis. The company has particularly witnessed fast growth in users through social media platforms like Facebook, where millions of users have declared their approval of the quality of the services offered by MediaFire. The growth rate of the company for the past three years has been 85% every year (MediaFire, 2015). Geographical distribution and profits The majority of MediaFire customers are located in the United States and other developed nations across the world. The customers have diverse requirements, and their use of the cloud system varies. While there are professionals who save important files, there are also other users who rely on the system for entertainment by sharing files like images and music. The ability of the system to accommodate diverse users has distinguished it from its competitors, and this adds value to the services offered by the company (Satpute Deora, 2014). MediaFire has used a very effective strategy to increase its profit margins. The strategy entails offering its users free accounts.Advertising We will write a custom assessment sample on Understanding Market MediaFire specifically for you for only $16.05 $11/page Learn More The company has developed applicat ions for Android, iOS, and Windows, which are free to download for users. Users create free accounts that have paid upgrades. The upgrades are part of the profit generating operations of the company. As the number of free account increases, the company is increasing its profits because most of the customers upgrade their accounts after a short time using the free accounts. The free accounts are also ad-enabled, and they have increased profits for the company (Li et al., 2013). Market segments MediaFire has segmented its market across the lines of consumer behaviour, in terms of their preferred operating systems in their gadgets.The company’s marketing strategy focuses on different users. The cloud system accommodates professionals looking to save and share important files while accommodating casual users looking to use the cloud for entertainment. The market segments are bounded by the types of gadgets that the potential users possess. MediaFire has developed applications tha t are compatible with Android, iOS, and desktops using OSX and Windows. The company’s website is the primary marketing channel, and it has targeted the four segments. The company has already identified that the majority of the customers are youths who possess internet-enabled gadgets; hence the marketing strategy is based on attracting more youths. This strategy is especially targeted to the regions with developed nations because there is more data to be shared by youths in the regions. Using social media as a marketing tool has also influenced global targeting of the potential customers. Within each market segment, MediaFire has concentrated on the unique features that are enabled by the respective operating systems to add value to the services offered by the cloud system (Press, 2015). MediaFire has distinguished its services from its competitors by developing a system that allows users to secure their files and share them easily with their friends. It targets all types of files; thus, it is a system for all technology users. Expected rates of growth MediaFire’s growth rate is dependent on the growth rate of internet users across the world, and this is a function of the rate of consumption of smartphones and computers. According to the reports available from the company’s website, MediaFire has witnessed a growth rate of 82% every year for the past three years.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More This trend is expected to prevail, especially as the company continues to target the emerging markets for mobile technology. The projected growth in smartphone consumption across the world in 2015 reveals that the emerging markets will have the biggest contribution to new users of MediaFire. Countries like India, China, Brazil, and many other emerging markets for mobile technology will translate into growth in cloud systems for global companies, including MediaFire. The United States’ society has one of the highest consumer populations of smartphones, and the iOS-based gadgets already have MediaFire applications (Tech Devices in 2015, 2014). The graph below reveals the projected rates of smartphone consumption in the United States, which will potentially translate to a larger market share for cloud companies (Why we need Mobile/ smartphone Websites, 2015). This factor means that as more consumers buy iOS products, MediaFire will continue harnessing a larger market share. See ing that smartphone users are set to increase in 2015, MediaFire is likely to be one of the beneficiaries of this growth in mobile technology consumption. The company is in a position to record more than 82% growth, which it has recorded for the past three years. Growth in social media users is also a variable that will influence growth for the company because of its marketing strategy. The main reason for projecting a growth rate higher than 82% in 2015 is because the company is looking to introduce unique services and applications for MediaFire users. For instance, Pool is a new application that the company is looking to introduce to its cloud system. The application is bound to increase the number of MediaFire users because of the quality of the experience it is expected to facilitate to picture lovers (Press, 2015). High opportunity segment and low opportunity segment MediaFire uses a behavioural marketing segmentation strategy, and it has based its segmentation on the types of gadgets possessed by its potential consumers. This segmentation process focuses on the type of operating system that runs the gadgets. In the current state of business, the iOS is one of the most lucrative segments. Users of iPhones and iPad have the advantage of having MediaFire as one of the native applications in the gadgets. This development means that every sale of an iOS product with the application translates to a potential new user of MediaFire without incurring the cost of marketing.  MediaFire has concentrated its marketing strategy in the United States because the nation has more users of the iPhone and the iPad than any other part of the world. The free applications and accounts can also be upgraded to the required package for respective customers. The desktop application segment is the low opportunity segment because more people are shifting from using desktops to smaller gadgets like mobile phones and tablets. The desktop application has been facing numerous challeng es, including lack of sufficient data storage for potential customers (Ulloa, 2013). How customers make buying decisions Purchasing decision-making on the part of the customers has to be in line with one or more factors that influence them to buy products (Pride et al., 2012). Customers have to be in a state of dissatisfaction with their current products. This dissatisfaction forces the customers to replace their current product with a new product that would possibly solve the prevailing problems (Ferguson Johnston, 2011). Customers also make buying decisions when they recognise the need to own a product. When people find a commodity that raises a need in their lives, they are likely to purchase it. Customers may also make buying decisions based on their research findings. Purchasing a commodity may also be triggered by an evaluation of the available options. For instance, customers may opt to buy a product because it has better quality and prices. (Hutchinson, Reid, Donnell Irela nd, 2013). Most customers in the modern world are making decisions to purchase products based on their usage experience. This trend is especially widespread in purchasing technology products and services. Tastes and preferences are also big factors in buying decisions (Dabhilkar, 2011). Most people have loyalty to specific brands of products. For instance, in the mobile technology field, there are people who prefer iOS products to Android products and vice versa.  After the introduction of online business platforms, customer purchasing decisions have been influenced by the reviews given by other customers (Urban, Sultan Qualls, 2000). It is apparent that most online buyers focus on what other people are saying about a given product or service prior to making their purchasing decisions. Company websites are also a good source of information that would influence customers to make a purchase (Samson, Mehta Chandani, 2014). Most consumers rely on the information provided about the p roduct to make their buying decision. For instance, with a new technological product, customers have to be educated on the benefits of acquiring the technology. Social norms have also been known to influence buying preferences in a society. Cognitive fluency is also a factor in purchasing habits of consumers. Some people purchase products because they understand them better than the alternative commodities (Uddin, Lopa Oheduzzaman, 2014). Major competitors The major competitors of MediaFire include Google Drive and DropBox. The companies have been in the business for a long time, and they have developed a very large market share across the world. The companies have particularly harnessed a big market share in the American market, where MediaFire is looking to establish a larger share. The main strength of the two major competitors is their asset base. The companies have the capability to accommodate mass storage of customer files, unlike MediaFire, which is still looking to enhance its storage capacity. Their weaknesses lie in their diversity in services. MediaFire has provided a platform that allows social sharing of files for individuals, as well as for professionals. It accommodates a more diverse set of products and services for its clients. Google Drive and DropBox have a significantly larger market share than MediaFire because they are better equipped and more experienced in the cloud systems field (Google Drive vs The Competitors, 2015). Conclusion MediaFire has taken up the challenge to provide its users with the most secure, easy-to-use, and fast way to back-up and share files. According to the company’s website, there are more than 150 million people using the MediaFire on a monthly basis. The marketing department of the company has indicated that the company’s website is one of the most effective marketing channels. Growth in the company is expected to be influenced by the youth across the world because 85% of the visitors to its webs ite are aged between 18 and 54 years. 53% of these visitors are male; hence, the men across the world are expected to make a bigger contribution to MediaFire’s growth. MediaFire has segmented its market across the lines of consumer behaviour in terms of their preferred operating systems in their gadgets. According to the reports provided by the company’s website, MediaFire has witnessed a growth rate of 82% every year for the past three years. References Dabhilkar, M. (2011). Trade-offs in make-buy decisions. Journal of Purchasing and Supply Management, 17(3), 158-166. Ferguson, J. L., Johnston, W. J. (2011). Customer response to dissatisfaction: A synthesis of literature and conceptual framework. Industrial Marketing Management, 40(1), 118-127. Google Drive vs The Competitors. (2015). Retrieved from cloudstoragereviews.co/cloud-storage-basics/google-drive-vs-the-competitors.html Hutchinson, K., Reid, A., Donnell, L., Ireland, N. (2013). Closing the Needs-to-Offer Ga p: customer relationship management in retail SMEs. Management Articles of the Year, 3(1), 31-37. Li, N., Zhang, L. J., Xu, P., Wang, L., Zheng, J., Guo, Y. (2013). Research on Pricing Model of Cloud Storage. In Services (SERVICES), 203 IEEE Ninth World Congress on (pp. 412-419). IEEE. MediaFire. (2015). Retrieved from mediafire.com/ Press. (2015). Retrieved from mediafire.com/press/ Pride, W. M., Ferrell, O. C., Lukas, B. A., Schembri, S., Niininen, O. (2012). Marketing Principles. Sydney: Cengage Learning Australia. Samson, R., Mehta, M., Chandani, A. (2014). Impact of Online Digital Communication on Customer Buying Decision. Procedia Economics and Finance, 11(1), 872-880. Satpute, S., Deora, B. S. (2014). Efficient replication of cloud data for mobile devices. In Issues and Challenges in Intelligent Computing Techniques (ICICT), 2014 International Conference on (pp. 299-302). IEEE. Tech Devices in 2015: Emerging Markets Dominate Growth, Increasing by Billion USD. (2014). Retr ieved from gfk.com/news-and-events/press-room/press-releases/pages/tech-devices-in-2015-sales-forecast.aspx Uddin, M. R., Lopa, N. Z., Oheduzzaman, M. (2014). Factors Affecting Customers’ Buying Decisions Of Mobile Phone: A Study On Khulna City, Bangladesh. International Journal Of Managing Value And Supply Chains (IJMVSC), 5(2), 21-28. Ulloa, N. (2013). MediaFire Desktop Challenges Mega, Dropbox, Google Drive, and Box. Retrieved from digitalmusicnews.com/permalink/2013/12/05/mediafireapp Urban, G. L., Sultan, F., Qualls, W. J. (2000). Placing trust at the center of your internet strategy. Sloan Management Review, 42(1). Why we need Mobile/ smartphone Websites. (2015). Retrieved from http://arcres.com/smartphonetraveller-why-mobile-marketing.cfm

Treaty of Guadalupe Hidalgo in the Mexican-American War

Treaty of Guadalupe Hidalgo in the Mexican-American War Treaty of Guadalupe Hidalgo Background: With the Mexican-American War raging in early 1847, President James K. Polk was convinced by Secretary of State James Buchanan to dispatch a representative to Mexico to aid in bringing the conflict to an end. Selecting Chief Clerk of the State Department Nicholas Trist, Polk sent him south to join General Winfield Scotts army near Veracruz. Though Scott initially resented Trists presence, the two men quickly reconciled and became close friends. As the war had been going favorably, Trist was instructed to negotiate for the acquisition of California and New Mexico to the 32nd Parallel as well as Baja California. Trist Goes It Alone: As Scotts army moved inland towards Mexico City, Trists early efforts failed to secure an acceptable peace treaty. In August, Trist succeeded in negotiating a cease fire, but subsequent discussions were unproductive and the armistice expired on September 7. Convinced that progress could only be made if Mexico were a conquered enemy, he watched as Scott concluded a brilliant campaign with the capture of the Mexican capital. Forced to surrender following the fall of Mexico City, the Mexicans appointed Luis G. Cuevas, Bernardo Couto, and Miguel Atristain to meet with Trist to negotiate the peace treaty. Unhappy with Trists performance and inability to conclude the treaty earlier, Polk recalled him in October. In the six weeks it took for Polks recall message to arrive, Trist learned of the appointment of the Mexican commissioners and opened talks. Believing that Polk did not understand the situation in Mexico, Trist ignored his recall and penned a sixty-five page letter to the president explaining his reasons for remaining. Pressing on with negotiations, Trist successfully concluded the Treaty of Guadalupe Hidalgo and it was signed February 2, 1848, in the Basilica of Guadalupe at Villa Hidalgo. Terms of the Treaty: Receiving the treaty from Trist, Polk was pleased with its terms and grudgingly passed it to the Senate for ratification. For his insubordination, Trist was terminated and his expenses in Mexico were not reimbursed. Trist did not receive restitution until 1871. The treaty called for Mexico to cede the land comprising the present-day states of California, Arizona, Nevada, Utah, and parts of New Mexico, Colorado, and Wyoming in exchange for a payment of $15 million. In addition, Mexico was to relinquish all claims to Texas and recognize the Rio Grande as the border. Other articles of the treaty called for the protection of Mexican citizens property and civil rights within the newly acquired territories, agreement on the part of the United States to pay American citizens debts owed to them by the Mexican government, and the compulsory arbitration of future disputes between the two nations. Those Mexican citizens living within the ceded lands were to become American citizens after one year. Arriving in the Senate, the treaty was heavily debated as some senators wished to take additional territory and others sought to insert the Wilmot Proviso to prevent the spread of slavery. Ratification: While the insertion of the Wilmot Proviso was defeated 38-15 along sectional lines, some modifications were made including a change to the citizenship transition. Mexican nationals in the ceded lands were to become American citizens at time judged by Congress rather than in one year. The altered treaty was ratified by the US Senate on March 10 and by the Mexican government on May 19. With the ratification of the treaty, American troops departed Mexico. Besides ending the war, the treaty dramatically increased the size of the United States and effectively established the principle borders of the nation. Additional land would be acquired from Mexico in 1854 through the Gadsden Purchase which completed the states of Arizona and New Mexico. The acquisition of these western lands gave new fuel to the slavery debate as Southerners advocated for allowing the spread of the peculiar institution while those in the North wished to block its growth. As a result, the territory gained during the conflict helped contribute to the outbreak of the Civil War. Selected Sources National Archives: Treaty of Guadalupe HidalgoLibrary of Congress: Treaty of Guadalupe HidalgoAvalon Project: Treaty of Guadalupe Hidalgo

Ted Bundy serial offender Research Paper Example | Topics and Well Written Essays - 2250 words

Ted Bundy serial offender - Research Paper Example Serial killer is defined as an entity or a person who is responsible of murdering more than three people in a time period of over a month. A serial killer is prompted for undertaking such activities due to the possession of psychological gratification by a greater level. This aspect or state of mind is generally developed by way of increased amount of hatred for a particular gender or a class of people. The aspect of serial killing strongly relates to the conduct of high extent of illicit and unethical activities that seem to provide greater threats to an entire society (Hickey, n.d; AETN UK, 2013). With this concern, this paper will highlight the factors associated with the criminal behavior of Ted. In addition, a particular theory of criminal behavior linked with the criminal activities that performed by Ted will be taken into concern. Background of Ted Bundy Ted Bundy was born in Burlington, Vermont wherein he and his mother resided. There are no whereabouts of his father till now . During his childhood days, Ted was considered to be a good student and also performed various activities through participating in Boy Scouts and local churches. He was a bit of shy in nature but he seemed to perform criminal activities before finishing his high school. ... During that period, Ted was in a relationship with a girl named Stephanie Brooks. But due to Ted’s casual attitude towards his life and ambitions along with immaturity, things did not turned up to work much well between the two. Eventually, she ended the relationship with Ted. After few years, Ted turned out to be a completely new man with a different professional attitude. As he was viewed to be a part of the law school, he had something to show about his integrity and dedication towards a professional. Considering this aspect, he approached his lost love once again and finally got accepted by Stephanie. After a short duration of time, Ted himself dumped Stephanie due to certain indifferences in their behavior and they finally broke up. After this particular incident, he started to indulge in conducting all sorts of inhuman activities that mostly represented human torture. He started to perform different sorts of homicidal rampage that continued to last for almost three years . His prime targets comprised the women who were tortured dreadfully in an inhuman manner. It was ascertained that most of Ted’s victims had strong facial resemblance matched with his former girlfriend. Moreover, his victims had long hairs divided in the middle like that of Stephanie (AETN UK, 2013; Murderpedia, n.d.). Factors Associated with Ted’s Criminal Behavior In relation to the instances of the crimes and the cases of homicides that reflected from the part of Ted, there were numerous factors that can be associated with his criminal behavior. From a tender age itself, Ted was fascinated towards performing illicit activities. By the time he finished his high school, he already developed the habit of conducting theft alongside other illicit activities