ALDI & Australia

The retail industry in Australia is considered as one of pillars of its economy. The industry has improved immensely as the players in the market have increased and the variety of commodities has expanded immensely. At present, the industry is populated by companies that range from multinationals to small and medium scale. Among the players, ALDI Australia is considered as a major player in the industry. The firm has expanded from a single foreign branch to a major retail chain. It operates in the main markets of Australia and in other regions across the country.ALDI was taken from the original name of the company which was Albrecht Discount. Before expanding to Australia, ALDI established its presence in Germany Gradually, the company operations stretched to other locations across the world. ALDI is regarded as one of the biggest supermarket chain worldwide. In Australia, ALDI has approximately 160 retail chains. This number is expected to grow as ALDI continues to be aggressive in the industry. Despite strong competition, ALDI Australia has managed to establish its own identity and has already controlled a significant portion of the market.It is imperative to study the current situation within ALDI Australia. The outside environment of the company is another important aspect to investigate. The succeeding discussion will focus on the capacity of ALDI to dominate the market. This requires evaluation of the capacity of ALDI and the external aspects that can affect its performance. The strategies used by ALDI have been working so far. But there are still rooms for improvements that needed to be manifested. II. The External Environment Porter (1979) introduced the concept of five forces that seeks to analyse the competition in an industry.This serves as an effective tool used in creating a picture of the retail industry. Based on the model, there are four forces that have to be assessed to determine the condition of the fifth force (McGahan, 2004). These interact with other to determine the overall condition of the market. The five forces model is critical especially to retail firms. The level of competition in the industry is high. Hence it is imperative for ALDI Australia to appraise the situation of the industry. The threat of new entrants shows the possible repercussions of the openness of the industry which is high in the industry.The current condition of the industry coupled by the continuous increase in demand justifies the viability of the industry as an investment hub for new entrants. New entrants, however, have to consider the barriers that can affect their success. Australia is a major market and houses consumers with high buying power. This means that the opportunity for retailers to operate is high. In addition, demand for consumer products has remained high. The emergence and threat of substitutes shows the low tendency, but suddenly emerging alternative retail firms.The conventional form of retail includes the shops and stor es located in strategic areas. With the advent of technology, several forms of retailing have flourished. Online retailing has become a threat because most consumers have patronised the online retailing scheme instead of the traditional shopping. The bargaining power of the consumers determines the capacity of the consumers to purchase the goods and price sensitivity. It has to be noted that most products in ALDI are demand inelastic and the income per capita in Australia is one of the highest in the world.This means that price changes will have gradual effect to the buying decision of the consumers. Moreover, the buying capacity of Australian households can satisfy their needs and have spare for luxuries. Buyer preference is also another major consideration. Consumers in Australia are dynamic and susceptible to changes. It is important to weigh company goals with consumer requirements. The bargaining power of the suppliers which is high provides the capabilities of the supplier to meet the demand of the industry. Basically, the agricultural industry of Australia is of quality as evidenced by the fresh food sold in retail stores.In addition, raw material is cheaper making retail products highly affordable for consumers. Australia is also highly accessible some Asian countries. The possibility of importing products is given and savings gained from such strategy are high. ALDI has all the resources to satisfy the demands of the consumers and sustain changes. These factors sum up the rivalry among competitors, which intensify in the industry. The retail industry is highly competitive and can potentially allow investors to succeed. It is evident that ALDI will continually face threats both industry based and substitutes.ALDI Australia is in an environment where it can take advantage of the opportunities. Intense competition leads to quality retailed food and eventually benefits for the customers. III. Internal Aspects Deming (1986) mentioned the need to attain qua lity results in all the process of production. The technical process pertains to the emphasis of quality in the different stages of operations. The rationale behind this strategy is that the continuous inclusion of quality in the process will result to highly competitive and superior products.The social process is provided by Juran (1974) in the assumptions of TQM. The social process includes the provision of suitable tools to boost the tendency of workers to prioritise quality. ALDI Australia has to evaluate its capacity within to achieve sustainable success. One significant observation that can be made is that the company has wide range of quality food sources. This is in references to the responsible food sourcing that the company adopts. At present, ALDI boosts up to 700 different grocery products. The supplies of the company are considered as one of its valuable resources.Because of its outstanding food production materials, the quality of the finished products has improved. Bo osting the food with the finest inputs allow the company to effectively satisfy the needs of the consumers. The quality sources also make the company more cost-effective. Another important resource of the company is its identity. This is established through the brand name of ALDI. The brand has the gained the distinction of being the most trusted retailer in Australia. Over the years, the brand name has been embraced in different areas of the world.The credibility of the company is one of its intangible resources that deserved to be recognised. It is known as one of best stores in finding cheap commodities. ALDI Australia greatly depends on its employees for positive results. Indeed, the performance of the workers will influence the success of the firm. ALDI Australia boasts a workforce loaded with competency and talent. The hiring system of the company ensures that the best are selected at the end of the process. The company provides comprehensive training programs to continuously equip the employees with the skills needed in the industry.At present ALDI have over 2,000 employees across Australia. This manpower is one of the most valuable components of the retail store. It addresses the needs of the consumers and provides top-notch service. The stores are regarded as one of the finest. The stores of ALDI Australia are uniquely designed suit the shopping preference of its customers. All ALDI stores have similar sizes and designs. Unlike conventional retail shops, the stores of the company provide an aesthetic environment for buyers. The company emphasises of proper location which makes the stores effective.The success of the stores is credited on the ability of the firm to match substance and form. It is important to instil in the minds of the consumers that more than quality food, buying at ALDI Australia stores is a wonderful experience. The franchises that the company has established worldwide has helped the company is establishing global market presence. T he supermarkets represent ALDI overseas and such resource has provided huge dividends. Several investors in other countries have noticed the increased attention given to the food products of ALDI. This will translate to better opportunities for the supermarket in the future.IV. Company Strategies Strategies of firms are considered to lean towards the strategic scope focusing on the demand, and the strategic strength concentrating on the supply. Porter (1980) further simplified the method by reducing the strategy to three dimensions that include: cost leadership, differentiation, and segmentation. These aspects will be used to analyse the strategy of ALDI Australia in its objective to remain at the forefront of the competition. ALDI values the cheapness of its products. Low-cost goods available at ALDI stores entice most of its consumers and prospects.The cost leadership strategy values efficiency. ALDI has been providing several programs to improve its efficiency. Specific strategie s involve the establishment of distribution centres. Transportation expenses were reduced because of accessible distribution points. The logistic system has been improved to reduce non-performing components of the distribution process. The differentiation strategy of the company is assigned to the research and development team. ALDI have been working with suppliers. This is the initial process that will eventually lead to better products and innovative solutions.Workforce efficiency is a major issue that the company includes in its strategies. Incentives are also provided to workers based on the quantity and quality of work. The performance of the firm is highly dependent on the manner in which customer service and operational activities are manifested by the employees. The contribution provided by the personnel along with the top-notch products sum up the offering of ALDI Australia to its customers. Porter (1985) identified primary activities and support activities in the process o f value-adding. ALDI Australia has been dedicated in maximising value and minimising cost.The company has provided top-notch inbound logistics with its equipments and machines transferring the raw materials without damaging the freshness. The handling of the food from the farmlands to the processing site is meticulously managed. Moreover, the manner in which the food are packed and processed follows quality procedures. In the processing part, ALDI Australia has devoted all necessary resources to maintain the high value of food taken from the finest farms in Australia. ALDI retails stores are designed to ensure the high quality of its products.After the products have been placed in distributions centres, the sales and marketing team will work (Bonn, 2007). Aside from the television and print advertisements, the company has relied on the Internet to introduce ALDI Australia in the market. In addition, the stores of ALDI Australia are highly accessible ensuring that shoppers will exper ience no problems while purchasing food. The customer service initiative of the company is highly recognised since service is extended after the purchases are completed. The company has been using storage devices that emphasise on the freshness of the products.Products that have long shelf lives are safely stored in areas free from causing damage. The transportation arteries from the company to the distribution sites are improved and results to fast travel. Cost is reduced through efficient storage devises and the consumption for energy is decreased using better delivery systems. The company strictly follows a low price philosophy. In most convenient stores, products are usually priced with high mark-ups. The strategy of ALDI is to sell in high quantity at lower prices. ALDI has created an efficient checkout system (Bonn, 2007).This is implemented to prevent customers from spending time queuing when making payments. Aside from the checkouts, ALDI Australia has a systematised product display. Customer can easily identify the location of the goods needed without hassles. Although company savings are important for ALDI, the retail store understands that customers also need to be provided with ample savings in all forms. ALDI Australia sells a wide variety of products. Some stores are limited, but ALDI caters to the needs of its customers. As stated earlier, ALDI sells at least 700 kinds of products in its stores.These products range from highly perishable to preserved products (Bonn, 2007). Aside from food, ALDI also sells other merchandises used for general purposes. The firm has been using a stringent quality control process. ALDI personnel ensure that damaged products are segregated from the intact goods. The inventory system of ALDI also assures that the fresh stocks are provided to the consumers. Expansion is one of the goals of the company. ALDI targets its store count to be in the 200 level by 2008. This means that ALDI Australia will be established in oth er areas where demand is high.At present the store count of ALDI Australia is at 165 shops. Although the target still huge, it is highly realisable considering the capacity of the company. ALDI Australia remains committed to serve its customers and make the stores closer to households. V. Strategy Analysis In the retail industry, the success of strategies can be measured through operational decisions and marketing decisions (Bonn, 2007). Both are strengths of the ALDI Australia and remain as the fundamental driver of success. Because of its selling philosophy, the most logical method of market segmentation is by income.The social structure of households in Australia is part of the middle to upper levels. Aside from this group, ALDI Australia can control the lower bracket in the society. These groups are the consumers with the lowest income. The cheap products offered by ALDI Australia fits their budget. In theory, positioning refers to the perceptions developed in the minds of the t arget market. It entails the creation of image of the brand and the entire organisation (Trout and Rivkin, 1996). Positioning is purely procedural and relies on the completion of stages before making further improvements.Consumer preference is the most important aspect in this process. In addition, ALDI has to target the specific needs before making its position. It is evident that ALDI has established a niche in the industry. From this position, ALDI can become a strong player in the market. Combining the different aspects associated to marketing is vital to the company. The development of marketing mix entails strategies that are design to ensure consistency in the quality of performance (Culliton, 1948). Price and product quality are the two main components of the mix. Low price is insufficient to attract the consumers.Combining such aspect with high product quality creates better chances of succeeding. Strategic management is one of the staple initiatives being implemented by AL DI. Mintzberg (1989) observed that strategy is linked to plans and the behaviour patterns within organisations. The technical process of realising strategic management is divided into two areas. The first phase regard planning as course for intended strategy and the patterned actions are the realised strategies. The process of strategic planning has allowed ALDI to meticulously evaluate their positions in different markets.In addition, strategies of ALDI have remained generic. But ALDI has realised the need to make the strategies flexible to satisfy various needs of consumers. Lewin (1983) stated that corporate social responsibility highlights the duty of the organisations to their stakeholders. Instead on focusing on corporate activities, firms have decided to undertake endeavours with perceived social relevance. This has been one of the weak spots that ALDI needs to improve. Although financial gains from the process are low, ALDI can further improve its reputation. In the retail i ndustry, perception is an important influence to buyers.Firms that tend to provide aid to community activities are being supported by consumers through purchases. Benchmarking is another aspect that has to be developed by ALDI Australia. McNair and Leibfried (1992) contends that benchmarking is designed to leave the past behind and embrace the future. The benchmarking process has many defining aspects. It has to be purposeful, externally focused, measurement based, information intensive, objective, and action generating. All practices performed according to the needs of the firm. VI. Recommendations ALDI Australia is successful because of the pay less strategies and sound management fundamentals.The company needs to sustain its strengths and slowly eliminate the weaknesses. A foreign venture appears to be logical because the domestic market is starting to become overpopulated. The firm has to boost is project refresh and continue the dedication to provide the best infrastructures an d workforce. Combining these components with effective management and good strategies will ensure the robust growth being enjoyed by ALDI Australia. Expenses for advertisements cover most of the budget allocated for marketing. ALDI Australia has to provide inputs on matters that will improve the advertisements.The firm also needs to provide funds for the airing of the advertisements on televisions and even radios. Advertisements done using newspapers and other prints need to reflect the essence of Marks and Spencer food products. The advertisements in the websites need to be easily viewed and accessed (Drummond and Ensor, 2001). These initiatives have to be combined with traditional processes. It is also important for ALDI Australia to maintain balance between price and quality. There are criticisms made by competitors that ALDI’s initiative to sell goods in low prices is driven by the sub-par quality of goods.Ensuring that prices remain competitive is a must for ALDI. But th e company has to continuously address the need to keep product quality high. Through this strategy, ALDI will go on and improve its performance. References ALDI Australia. (2007). Company Philosophy. Date extracted: 9 November 2007, from: ALDI International. (2007). Date extracted: 9 November 2007, from: < http://www. aldi. com/> Bonn, I. (2007). â€Å"ALDI in Australia†, in Strategic Management: An Integrated Approach. Hill, by Hil, C. W. and Jones, G. Spring, IA: Houghton Mifflin College.Coriolis Research. (2000). ALDI in Australia: Whaty will be the Impact? Auckland: Coriolis Research Limited. Culliton, J. (1948). The Management of Marketing Cost. Boston: Harvard University – Graduate School of Business Administration. Deming, W. Edwards. (1986). Out of Crisis. Cambridge: MIT Centre for Advanced Engineering. Drummond, G and Ensor, J. (2001). Strategic Marketing Planning and Control. London: Butterworth-Heinemann Ltd. Juran, Joseph. (1974). The Quality Control Handb ook 3rd Edition. New York: McGraw Hill. Lewin, T. (1983). The New York Times.â€Å"Business Ethic’s New Appeal. † McGahan, A. (2004). How Industries Evolve – Principles of Achieving and Sustaining Superior Performance. Boston: Harvard Business School Press. McNair and Leibfried. (1992). Benchmarking: A Tool for Continuous Improvement. Oliver Wright Publications. Mintzberg, Henry. (1989). Mintzberg on Management. London: Free Press. Porter, M. (1980). Competitive Advantage: Techniques for Analyzing Industries and Competitors. New York: Free Press. Porter, M. (1985). Competitive Advantage: Creating and Sustaining Superior Performance. New York: Free Press.

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Basic Control Mechanisms of Thermoregulatory Process in Livestock Essay Introduction Thermoregulation is the ability of an organism to keep its body temperature within certain boundaries, even when the surrounding temperature is very different (Wikipedia, 2012). Thermoregulation could also be referred to as the mechanisms and control systems used by the body to balance thermal inputs and thermal losses so as to maintain its core temperature nearly constant (Monique, 2002). This process is one aspect of homeostasis: a dynamic state of stability between an animals internal environment and its external environment (the study of such processes in zoology has been called ecophysiology or physiological ecology) (Wikipedia, 2012). If the body is unable to maintain a normal temperature and it increases significantly above normal, a condition known as hyperthermia occurs and any prolonged exposure (longer than a few hours) at this temperature without control mechanisms to bring it back to normal is tantamount to death of the animal. The opposite condition, when body temperature decreases below normal levels, is known as hypothermia. Most body heat is generated in the deep organs, especially the liver, brain, and heart, and in contraction of skeletal muscles (Guyton and Hall, 2006). Animals and humans have been able to adapt to a great diversity of climates, including hot humid and hot arid. High temperatures pose serious stresses for the animal body, placing it in great danger of injury or even death. For animals, adaptation to varying climatic conditions includes both physiological mechanisms as a byproduct of evolution, and the conscious development of cultural adaptations (Harrison et al., 1988; Weiss and Mann, 1985). There are four avenues of heat loss: convection, conduction, radiation, and evaporation (Wikipedia, 2012). If skin temperature is greater than that of the surroundings, the body can lose heat by radiation and conduction. But if the temperature of the surroundings is greater than that of the skin, the body actually gains heat by radiation and conduction. In such conditions, the only means by which the body can rid itself of heat is by evaporation. So when the surrounding temperature is higher than the skin temperature, anything that prevents adequate evaporation will cause the internal body temperature to rise (Guyton, 2006). During sports activities, evaporation becomes the main avenue of heat loss (Wilmore et al., 1999). Humidity affects thermoregulation by limiting sweat evaporation and thus heat loss (Guyton and Arthur, 1976). The skin assists in homeostasis (keeping different aspects of the body constant e.g. temperature). It does this by reacting differently to hot and cold conditions so that the inner body temperature remains more or less constant. Vasodilation and sweating are the primary modes by which humans attempt to lose excess body heat. The brain creates much heat through the countless reactions which occur. Even the process of thought creates heat. The head has a complex system of blood vessels, which keeps the brain from overheating by bringing blood to the thin skin on the head, allowing heat to escape. The effectiveness of these methods is influenced by the character of the climate and the degree to which the individual is acclimatized. Classification of Animals by Thermal Characteristics Based on thermal characteristics, animals could be classified into four broad groups: †¢ Endotherms: These are animals that create most of their heat via metabolic processes, and are colloquially referred to as warm-blooded. Most mammals and humans belong to this group. †¢ Ectotherms: These are animals that use external sources of temperature to regulate their body temperatures. They are colloquially referred to as coldblooded despite the fact that body temperatures often stay within the same temperature ranges as warm-blooded animals. Examples of animals that belong to this group are fish, amphibians and reptiles. †¢ Homeotherms: These are animals or organisms with stable body temperature which is independent of the temperature of the surrounding environment. Most endothermic organisms are homeothermic, like mammals. Although, fish are ectotherms because all of their heat comes from the surrounding water. However, most are homeotherms because their temperature is very stable. †¢ Poikiotherms: These are animals or organisms with variable body temperature. The body temperature varies according to the temperature of the surrounding environment. Animals with facultative endothermy are often poikilothermic, meaning their temperature can vary considerably. Examples of poikilotherms include amphibians, reptiles and fish. The Hypothalamus as a Thermoregulatory Centre Thermoregulation in both ectotherms and endotherms is controlled mainly by the preoptic area of the anterior hypothalamus (Romanovsky, 2007). In general, the posterior hypothalamus controls responses to cold, and the anterior hypothalamus controls responses to heat (Martha, 2010), hence, both serving as thermoregulatory centres. This area receives input from temperature receptors in the skin and mucous membranes (peripheral thermoreceptors) and from internal structures (central thermoreceptors), which include the hypothalamus itself (Dominika, 1998). The temperature sensory signals from the preoptic area and those from the periphery are combined in the posterior hypothalamus to control the heat producing and conserving reactions of the body. The hypothalamic thermostat works in conjunction with other hypothalamic, autonomic and higher nervous thermoregulatory centers to keep the core temperature constant. Some of these thermoregulatory responses are involuntary, mediated by the autonomic nervous system, some are neurohormonal and others are semi-voluntary or voluntary behavioral responses (Dominika, 1998). The brain receives signals regarding body temperature from the nerves in the skin and the blood. These signals go to the hypothalamus, which coordinates thermoregulation in the body. Both sets of information are needed so that the body can make appropriate adjustments. The thermoregulatory centre sends impulses to several different effectors to adjust body temperature. The signals from the hypothalamus control the sympathetic nervous system, which affects vasoconstriction, metabolism, shivering, sweating, and hormonal controls over temperature to bring the increased or decreased temperature back to normal (Wikipedia,2012) Figure 1: Schematic representation of the thermoregulatory centre role in thermoregulation (IHW, 2006) Feedback Control Mechanism for Thermoregulation in Hot Condition When the surroundings are hot or when the animal body is vigorously exercising, the following could be described as the summary of the feedback control system responsible for regulating the temperature back to normal: †¢ As the body core temperature starts to rise, the increase in temperature is detected by heat receptors in the body. †¢ †¢ These receptors send signals to the hypothermic thermostat. The thermostat inhibits the adrenergic activity of the sympathetic nervous system and stimulates the vasomotor system to dilate the capillaries underlying the skin. †¢ Arteriolar vasodilation occurs. The smooth muscle walls of the arterioles relax allowing increased blood flow through the artery. This redirects blood into the superficial capillaries in the skin increasing heat loss by convection, conduction and radiation. †¢ If the heat is sufficiently intense, the cholinergic sympathetic fibers, wh ich innervate sweat glands release ACh, stimulating sweat. †¢ The eccrine sweat glands under the skin secrete sweat (a fluid containing mostly water with some dissolved ions) which travels up the sweat duct, through the sweat pore and onto the surface of the skin. This causes heat loss via evaporative cooling; however, a lot of essential water is lost (Wikipedia, 2012). †¢ The hairs on the skin lay flat, preventing heat from being trapped by the layer of still air between the hairs. This is caused by tiny muscles under the surface of the skin called arrector pili muscles relaxing so that their attached hair follicles are not erect. These flat hairs increase the flow of air next to the skin increasing heat loss by convection. †¢ Behavioral responses to heat, such as lethargy, resting, lying down with limbs spread out or wallowing in pool of water or mud, decreases heat production and increases heat loss †¢ As the animal body gets cooler, the hypothalamic receptors detect this and diminish the heat loss prevention responses . †¢ The body core temperature returns to normal. It should be noted that most animals cant sweat efficiently. Cats and dogs have sweat glands only on the pads of their feet. Horses and humans are two of the few animals capable of sweating. Many animals pant rather than sweat because the lungs have a large surface area and are highly vascularised. Air is inhaled, cooling the surface of the lungs and is then exhaled losing heat and some water vapour. Figure 2: Schematic representation of thermoregulatory process in the body of an animal (IHW, 2006) Feedback Control Mechanism for Thermoregulation in Cold Condition When the surroundings are cold or when the animal body is resting, the following could be described as the summary of the feedback control system responsible for regulating the temperature back to normal: †¢ As the body core temperature starts to drop, this is detected by cold receptors in the body. †¢ These receptors send signals to both the hypothalamic thermostat and higher cortical centres in the CNS. †¢ The activation of the sympathetic centre results in several response which slow down the activity of the sweat glands. †¢ This lowers the production of sweat and it decreases the evaporation of sweat, which reduces heat loss by evaporation. †¢ The muscles under the surface of the skin called arrector pili muscles (attached to an individual hair follicle) contract (piloerection), lifting the hair follicle upright. This makes the hairs stand on end which acts as an insulating layer, trapping heat. †¢ The hypothalamus also signals the vasomotor system to constrict the capillaries underlying the skin. †¢ Arterioles carrying blood to superficial capillaries under the surface of the skin can shrink (constrict), thereby rerouting blood away from the skin and towards the warmer core of the body. This prevents blood from losing heat to the surroundings and also prevents the core temperature dropping further. This process is called vasoconstriction. It is impossible to prevent all heat loss from the blood, only to reduce it. In extremely cold conditions excessive vasoconstriction leads to numbness and pale skin. Frostbite only occurs when water within the cells begins to freeze, this destroys the cell causing damage (Wikipedia, 2012). This reduces heat loss by conduction, radiation, and convection. †¢ A Shivering Center in the hypothalamus is also activated which activates the brainstem motor centers to initiate involuntary contraction of skeletal muscles causing shivering. This increases heat production as respiration is an exothermic reaction in muscle cells. Shivering is more effective than exercise at producing heat because the animal remains still. This means that less heat is lost to the environment via convection. There are two types of shivering: low intensity and high intensity. During low intensity shivering animals shiver constantly at a low level for months during cold conditions. During high intensity shivering animals shiver violently for a relatively short time. Both processes consume energy although high intensity shivering uses glucose as a fuel source and low intensity tends to use fats. This is a primary reason why animals store up food in the winter (Wikipedia, 2012). †¢ There is also epinephrine secretion from adrenal medulla that increases thermogenesis.

Exhaustion Online with regard to Database in the EU

Exhaustion Online with regard to Database in the EU Sandro Sandri   EXHAUSTION Before explaining exhaustion online with regard to database in the European  Union, we should first start by explaining what exhaustion in an Intellectual Property  context is. 1. a) Definition The exhaustion of intellectual property rights is one of the limits of Intellectual  Property (IP) Law. After a product has been sold under the authorization of the IP owner,  the reselling, rental, lending and other third party commercial uses of IP-protected goods in  domestic and international markets is protected by the principle. Once a product is covered  by an IP right, such as by a patent right, has been sold by the Intellectual Property right  owner or by others with the consent of the owner, the Intellectual Property right is said to  be exhausted. It can no longer be exercised by the owner. This limitation is also referred to  as the Exhaustion Doctrine or First Sale Doctrine. For example, if an inventor obtains a  patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent)  can legally prohibit other companies from making and selling this kind of umbrella, but  cannot prohibit customers who have bought this umbrella from the patent owner from  reselling the umbrella to third parties. There is a fairly broad consensus throughout the  world that this applies at least within the context of the domestic market. This is the  concept of National Exhaustion. However, there is less consensus as to what extent the  sale of an Intellectual Property protected product abroad can exhaust the IP rights over this  product in the context of domestic law. This is the concept of Regional exhaustion or  International Exhaustion. The rules and legal implications of the exhaustion largely differ  depending on the country of importation, i.e. the national jurisdiction.   The paternity of the exhaustion theory is ascribed to the German jurist Joseph  Kohler.2 The word  ´exhaustion` seems, however, to have been first used by the German  Reichsgreicht in a number of judgments in the early years of the twentieth century. In a  judgment of 26 March 1902 the Reichsgericht held, for example, that the effect of the  protection conferred by a patent (i.e. the exclusive right to manufacture products covered  with regard to Database in the European Union  by the patent and to put them on the market) was exhausted by the first sale.3 In other  words, once the patent holder had transferred legal ownership of goods made in  accordance with the patent, by selling them to another person, he lost the power to control  the further destiny of those goods subsequently. 1. b) Exhaustion in the European Union   The European Court of Justice (ECJ) has taken serious steps to harmonize the rules  of a Community-wide/regional exhaustion doctrine in the field of copyright law since the  1970s. Schovsbo called the harmonization by the ECJ as 1.-phase development of  exhaustion or negative harmonization, and the creation of directives by the competent  bodies of the EEC (and later the EU) as 2.-phase development or positive  harmonization. The first-ever decision on the exhaustion of distribution rights was handed over in  the famous Deutsche Grammophon case. Here, the ECJ based its decision on different  objectives of the EEC Treaty: the prohibition of partitioning of the market, free movement  of goods, as well as the prohibition of distortions of competition in the common market.   The European Court of Justice highlighted that prohibitions and restrictions on trade  might be applied by Member States, also in cases of copyright law, if they do not constitute  a means of arbitrary discrimination or a disguised restriction on trade between Member  States6. Based upon these, the European Court of Justice concluded that [i]f a right related  to copyright is relied upon to prevent the marketing in a Member State of products  distributed by the holder of the right or with his consent on the territory of another  Member State on the sole ground that such distribution did not take place on the national  territory, such a prohibition, which would legitimize the isolation of national markets,  would be repugnant to the essential purpose of the Treaty, which is to unite national  markets into a single market. That purpose could not be attained if, under the various legal  systems of the Member States, nationals of those States were able to partition th e market  and bring about arbitrary discrimination or disguised restrictions on trade between Member  States. Consequently, it would be in conflict with the provisions prescribing the free movement of products within the common market for a manufacturer of sound recordings to exercise the exclusive right to distribute the protected articles, conferred upon him by  the legislation of a Member State, in such a way as to prohibit the sale in that State of  products placed on the market by him or with his consent in another Member State solely  because such distribution did not occur within the territory of the first Member State.7  In the EU, the principle of exhaustion of IP rights is as follows. The holder of an  Intellectual Property right loses his absolute right with the first sale in the EU territory. In  other words, the first commercialization of a good in a territory of the European Union  made by the holder of an industrial property right, or by a legitimate licensee, has as a  consequence that that good may freely circulate in Europe, and the legitimate IP holder  may not oppose the successive acts of reselling. Using the wording of the Centrafarm Case:   It cannot be reconciled with the principles of free movement of goods under the  provisions of the Treaty of Rome if a patentee exercises his rights under the legal  provisions of one Member State to prevent marketing of a patented product in said State  when the patented product has been brought into circulation in another Member State by  the patentee or with his consent Again, this is a good example of the function of the law  as a system to solve conflicts: on one side the traditional principle of territoriality of IP  rights; on the other side the aspiration to a common market in favour of international  trade. The aim of the exhaustion theory is to strike a balance between the free movement  of goods on the one hand, and the proprietors exercise of exclusive intellectual property  rights to distribute his goods on the other hand. The holder of an IP right holds therefore   the right to choose where, under which conditions and at which price his goods are put on  the market for the first time. No need to say that international exhaustion allows parallel  imports. The theory of exhaustion obviously improved in the course of time. In order to be  applicable, various conditions have to be met. It requires the consent of the legitimate  holder (consent that may be express or implied). And it also requires that the legitimate  holder receives, with the first sale, a reasonable remuneration. Depending on the  jurisdiction concerned, one often distinguishes between national exhaustion and  international exhaustion. In the European Union the term regional exhaustion is  frequently used. Regional exhaustion, in the EU member States, means that IP rights are  considered exhausted for the territory of the EEA when the product has been put on the  market in any of the EEA Member States.   Once the principle of exhaustion was established, the EU Law incorporated it in  regulations, directives and conventions. For example, art. 7 n. 1 of the First Council  Directive of 21 December 1988 to approximate the laws of the Member States relating to  trade marks (89/104/EEC states that The trade mark shall not entitle the proprietor to  prohibit its use in relation to goods which have been put on the market in the Community  under that trade mark by the proprietor or with his consent9. Art. 13 of the Council  regulation (EC) n. 207/2009 of 26 February 2009 on the Community trade mark states that   A Community trade mark shall not entitle the proprietor to prohibit its use in relation to  goods which have been put on the market in the Community under that trade mark by the  proprietor or with his consent10.   The Information Society Directive (Directive 2001/29/EC) on the harmonization  of certain aspects of copyright and related rights in the information society refers to this  principle in paragraph 28 and 29. The Directive is a little old in relation to the high speed  of technology, but is still there.11   1. c) The principle of exhaustion in EU Case Law   In Germany, the German Supreme Court (BGH) has repeatedly acknowledged the  exhaustion principle as a precautionary principle for the entire IP law (BGH, 22 January  1964, Maja Case; BGH, 10 April 1997, Sermion II Case).   In France a large number of decisions were reported to deal with the exhaustion  principle (Commercial Chamber of the Court of Cassation, 9 April 2002 n ° 99/15428,   Cass. Com., 20 February 2007, n ° 05/11088; Cass. Com., 26 February 2008, n ° 05/19087;   Cass. Com., 7 April 2009, n ° 08/13378; CA Paris, 15 June 2011, n ° 2009/12305).   In Austria the principle of exhaustion within the EU was applied even before it was  explicitly mentioned in the Austrian Trade Mark Act (Austrian Supreme Court October 15,  1996).   9 89/104/EEC First Council Directive of 21 December 1988 to approximate the laws of the Member States  relating to trade marks   10 COUNCIL REGULATION (EC) No 207/2009   11 Directive 2001/29/EC   Exhaustion Online with regard to Database in the European Union 2- DATABASE   The protection of electronic databases was first considered by the EC Commission  in the 1998 Green Paper. An initial proposal was adopted on January 29, 1992, and was  greeted, at least in the United Kingdom (which has the largest database industry in the  Community) by a considerable degree of opposition, due to the perceived reduction in  protection for many factual and numerical databases.12   Regarding the concept of database, we should say that it is a collection of  independent works, data or other materials arranged in a systematic or methodical way and  individually accessible by electronic or other means which can include literary, artistic,  musical or other collections of works or collections of other material such as texts, sound,  images, numbers, facts.13 Databases in the European Union are regulated through Directive  96/9/EC, also known as the Database Directive. It is an European Union Directive in the  field of Intellectual Property Law, made under the internal market provisions of the Treaty  of Rome. It harmonizes the treatment of databases under copyright law and the sui generis  right for the creators of databases which do not qualify for copyright.   The exhaustion principle does not allow the reproduction of data. The German  Supreme Court has confirmed this: it held that if there is extraction of a substantial part of  the database, there is no exhaustion as exhaustion covers the right of distribution and not  extraction.14 Online electronic databases cannot benefit from the exhaustion principle. The  database must have been sold. If it is given free of charge, the principle of exhaustion does  not apply. The CJEU held this to be so in the field of trademarks in Peak Holding v Axolin-  Elinor and later confirmed it in LOreal v eBay.15 There is no reason why these decisions  would not apply here by analogy as the term used in Article 7(2)(b) is sale. The same  applies to Article 5(c) in the copyright chapter of the Database Directive.   Article 7 furthermore specifies acts of temporary or ephemeral copying as  extraction.112 In contrast to the initial draft, which required a commercial intention,   12 E.C. Intellectual Property Materials, Sweet Maxwells, 1994, 1 (F) Amended Proposals of 4 October 1993  for a Council Directive on the legal protection of databases (COM (93) 464 final SYN 393) [1993] O.J.  C308/1, p. 36 13 Article 7(1) DDir (96/9/EC)   14 Marktstudien (Market Surveys), 21 April 2005, Case I ZR 1/02[2005] GRUR 940; [2006] IIC 489   15 Case C-16/03 Peak Holding v Axolin-Elinor [2004] ECR I-11313 and Case C-324/09 LOreal v eBay [2011]   ETMR 52   Exhaustion Online with regard to Database in the European Union  consent is required for loading a database into a computer RAM, as this will copy the entire  database. The consequences of prohibiting acts of temporary or even ephemeral copies   such as caching is an inconsistency between online and offline databases. Whereas an  offline database such as a CD-ROM or a smaller database technically requires RAM  storage of a substantial part, accessing a large online database normally merely requires the  copy of the entries accessed to be copied.16   Exhaustion only applies to databases in tangible format. If someone lawfully  acquired a tangible copy of the databases, the right holder will not be able to control its  resale within the European Union. However, in two cases, there will arguably not be  exhaustion. The reason is the use of the narrow word sale and resale. First, there will not  be exhaustion when the right holder gave rather than sold the database. In this case, the  right to control distribution remains. Thus, the sale of a copy of a database distributed  freely by the maker, may infringe.17 The second case is when the purchaser wishes to give  the database instead of reselling it. It seems that, in that case, the gift of the database by the  person who acquired it can also be controlled by the right holder.   It must be noted that, in a recent case, 18the Versailles Court of Appeal surprisingly  held that, for a database producer to benefit from her rights of extraction and reutilization,  she must have asserted it previously, before any infringement act is committed. The  mention of the interdiction to extract or reutilize contents from the database becomes a  condition of opposability of the sui generis right granted to the database maker by Article L.  342-2 of the IPC. The claimant lost her case since she did not make such mention on the  website she created. This decision seems to add a condition which does not exist in the  Directive. The sui generis right is not dependant on any formality.   Two German courts held that the creation of deep links is not an infringement of  the sui generis right19. This is not surprising since it is difficult to see how a deep link is an act  of extraction or reutilization.   Under Article 3, databases which, by reason of the selection or arrangement of  their contents, constitute the authors own intellectual creation are protected by copyright  16 Guido Westkamp, Protecting databases under US and European law methodical approaches to the  protection of investments between unfair competition and intellectual property concepts, 2003   17 Bently Sherman 2004, p. 303   18 Rojo R. v Guy R., CA Versailles, 18 November 2004, available on http://www.legalis.net.   19 SV on line GmbH v Net-Clipping, OLG Munich, 9 November, 2000 [2001] ZUM 255; Handelsblatt v Paperboy,   OLG Cologne, 27 October 2000 [2001] ZUM 414; BGH, 17 July 2003 [2003] Cri.   as collections: no other criterion may be used by Member States. This may be a relaxation  of the criterion for protection of collections in the Berne Convention for the Protection of  Literary and Artistic Works,[2] which covers collections of literary and artistic works and  requires creativity in the selection and arrangement of the contents: in practice the  difference is likely to be slight. Any copyright in the database is separate from and without  prejudice to the copyright in the entries.   Copyright protection is not available for databases which aim to be complete,  that is where the entries are selected by objective criteria: these are covered by sui  generis database rights. While copyright protects the creativity of an author, database rights  specifically protect the qualitatively and/or quantitatively [a] substantial investment in  either the obtaining, verification or presentation of the contents: if there has not been  substantial investment (which need not be financial), the database will not be protected  [Art. 7(1)]. Database rights are held in the first instance by the person or corporation which  made the substantial investment, so long as: the person is a national or domiciliary of a  Member State or the corporation is formed according to the laws of a Member State and  has its registered office or principal place of business within the European Union.   The holder of database rights may prohibit the extraction and/or re-utilization of  the whole or of a substantial part of the contents: the substantial part is evaluated  qualitatively and/or quantitatively and reutilization is subject to the exhaustion of rights.   Public lending is not an act of extraction or re-utilization. The lawful user of a database  which is available to the public may freely extract and/or re-use insubstantial parts of the  database (Art. 8): the holder of database rights may not place restrictions of the purpose to  which the insubstantial parts are used. However, users may not perform acts which  conflict with normal exploitation of the database or unreasonably prejudice the legitimate  interests of the maker of the database, nor prejudice any copyright in the entries. The  same limitations may be provided to database rights as to copyright in databases (Art. 9):  extraction for private purposes of the contents of a non-electronic database; extraction for  the purposes of illustration for teaching or scientific research, as long as the source is  indicated and to the extent justified by the non-commercial purpose to be achieved;  extraction and/or re-utilization for the purposes of public security or an administrative or  judicial procedure. Database rights last for fifteen years from the end of the year that the database was  made available to the public, or from the end of the year of completion for private  databases (Art. 10). Any substantial change which could be considered to be a substantial  new investment will lead to a new term of database rights, which could, in principle, be  perpetual. Database rights are independent of any copyright in the database, and the two  could, in principle, be held by different people (especially in jurisdictions which prohibit  the corporate ownership of copyright): as such, database rights can be compared to the  rights of phonogram and film producers.20   3- CONCLUSION The idea of digital first sale doctrine imploded into the mainstream copyright  discussion only a few years ago, although it has already been discussed for almost two  decades. The problem was reflected by academia, case law and legislature as well. Although  notable sources take the view that the concept of digital exhaustion deserves support, the  majority of commentators refused to accept this idea. Likewise, legislative proposals that  were submitted to the German Bundestag and the Congress of the United States, were  ultimately refused by the relevant national parliaments (or were not even discussed by them).   Under the traditional, positivist vision of copyright law, any similar ideas are condemned to  death at the moment, especially in the light of the WCT Agreed Statement. Similarly, the  CJEUs constructive interpretation of the international and regional copyright norms led to  flawed argumentation. However, significant economic, social and technological arguments  support the view that it is time to reconsider at international legislative level.   It looks like it is time to adapt the principle of exhaustion on an online perspective.  Technology goes faster than law, so when the law goes a step forward, a new problem  arises. Streaming and cloud computing are good examples. The majority of Reports  acknowledge the problems, and underline various aspects. The first is that the principle of  exhaustion of intellectual property rights was elaborated and developed in a time when  goods and services were mainly material and sold and distributed through material and  traditional channels. This approach is overturned by the new technologies. The second is  that it is no longer possible to distinguish, as far as the principle of exhaustion is  concerned, but also in general, among industrial property and intellectual property.   Copyright is expanding. The third is that it is more and more difficult to separate and  distinguish traditional industry and online industry as well as material and immaterial goods   20 Intellectual Property Law, Trevor Cook, 2010   Exhaustion Online with regard to Database in the European Union  and services. The majority of the Reports are of the opinion that on-line infringement of  intellectual property rights is normally dealt with the ordinary rules of civil procedure, and  that there is no particular necessity of elaborating new ones. The difficulties of enforcing  decisions abroad against foreign on line infringers in copyright cases are the usual ones,  common in the legal praxis when a decision must be enforced against foreign infringers.21  Dennis S. Karjalas thoughts serve as a great point to finish with. He stressed that  either we believe in the first-sale doctrine in the digital age or we do not. If we no longer  believe in it, we should discard it openly and not through verbal gymnastics interpreting the  definition of copy for the purposes of the statutes reproduction right. Nor should our  definition of copy force systems engineers into unduly intricate or artificial designs simply  to protect the right of the owner of a copy of a music file to transfer that file, provided that  no copies derived from the transferred file are retained.22   21 To what extent does the principle of exhaustion of IP rights apply to the on-line industry? Avv. Prof.   Vincenzo Franceschelli, 2014.   22 Dennis S. Karjala: Copying and Piracy in the Digital Age, Washburn Law Journal, 2013: p. 255.   Exhaustion Online with regard to Database in the European Union   BIBLIOGRAPHY à ¯Ã¢â‚¬Å¡Ã‚ · Bently Sherman 2004, p. 303 à ¯Ã¢â‚¬Å¡Ã‚ · David T. Keeling, Intellectual Property Rights in EU Law Volume 1 à ¯Ã¢â‚¬Å¡Ã‚ · Dennis S. Karjala: Copying and Piracy in the Digital Age, Washburn Law Journal, 2013 à ¯Ã¢â‚¬Å¡Ã‚ · Guido Westkamp, Protecting databases under US and European law methodical approaches to the protection of investments between unfair competition and intellectual property concepts, 2003 à ¯Ã¢â‚¬Å¡Ã‚ · Jens Schovsbo: The Exhaustion of Rights and Common Principles of European Intellectual Property Law. à ¯Ã¢â‚¬Å¡Ã‚ · Sweet Maxwells, E.C. Intellectual Property Materials à ¯Ã¢â‚¬Å¡Ã‚ · T. de las Heras Lorenzo, El agotamiento del derecho de marca, Editorial Montecorvo, Madrid, 1994, p. 47; à ¯Ã¢â‚¬Å¡Ã‚ · Trevor Cook, Intellectual Property Law, 2010 à ¯Ã¢â‚¬Å¡Ã‚ · Vincenzo Franceschelli, To what extent does the principle of exhaustion of IP rights apply to the on-line industry? 2014. à ¯Ã¢â‚¬Å¡Ã‚ · Centrafarm B.V. and Adriaan de Peijper v. Sterling Drug Inc., in 6 IIC 102 (1975). à ¯Ã¢â‚¬Å¡Ã‚ · 89/104/EEC First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks à ¯Ã¢â‚¬Å¡Ã‚ · Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmà ¤rkte GmbH Co. KG. 8 June 1971, European Court Reports à ¯Ã¢â‚¬Å¡Ã‚ · Guajakol-Karbonat RGZ 51, 139. à ¯Ã¢â‚¬Å¡Ã‚ · LOreal v eBay à ¯Ã¢â‚¬Å¡Ã‚ · Marktstudien (Market Surveys), 21 April 2005, Case I ZR 1/02[2005] GRUR 940; [2006] IIC 489 à ¯Ã¢â‚¬Å¡Ã‚ · Peak Holding v Axolin-Elinor à ¯Ã¢â‚¬Å¡Ã‚ · Rojo R. v Guy R., CA Versailles, 18 November 2004, available on à ¯Ã¢â‚¬Å¡Ã‚ · COUNCIL REGULATION (EC) No 207/2009 à ¯Ã¢â‚¬Å¡Ã‚ · Directive 2001/29/EC à ¯Ã¢â‚¬Å¡Ã‚ · International Exhaustion and Parallel Importation 1 International Exhaustion and Parallel Importation http://www.wipo.int/sme/en/ip_business/export/international_exhaustion.htm 2 T. de las Heras Lorenzo, El agotamiento del derecho de marca, Editorial Montecorvo, Madrid, 1994, p. 47; F.-K.   Beier,  ´Grenzen der Erschà ¶pfungslehre im Markenrecht; zur Beurteilung des Vertriebs umgepackter und neu  gekennzeichtner Originawaren in den Là ¤ndern der Europà ¤ischen Wirtschaftsgemeinschaft.   Exhaustion Online   3 Guajakol-Karbonat RGZ 51, 139. 4 Intellectual Property Rights in EU Law Volume 1, David T. Keeling, p. 75-76 5 Jens Schovsbo: The Exhaustion of Rights and Common Principles of European Intellectual Property Law. In: Ansgar Ohly: Common Principles of European Intellectual Property Law, Mohr Siebeck, Tà ¼bingen, 2010: p. 170. 6 Case 78/70 Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmà ¤rkte GmbH Co. KG., 8 June 1971, European Court Reports, 1971: pp. 499 500., para. 5-11. Compare to Article 36 of the EEC Treaty. On the application of Article 36 of the EEC Treaty see: Nial Fennelly: Rules and Exceptions: Freedom of Movement and Intellectual Property Rights in the European Union. In: Hugh C. Hansen: International Intellectual Property Law Policy, Volume 5, Juris Publishing, Huntington, 2003: pp. 33-4 33-11. Exhaustion Online with regard to Database in the European Union 7 Case 78/70, supra note 64, p. 500., para. 12-13.   8 verbatim Centrafarm B.V. and Adriaan de Peijper v. Sterling Drug Inc., in 6 IIC 102 (1975).   Exhaustion Online with regard to Database in the European Union  

The Obvious is Absent in Mother Courage Essay -- Mother Courage Essays

The Obvious is Absent in Mother Courage    Brecht's intentions when writing Mother Courage were to communicate his beliefs and make people aware of two major issues facing society: war and capitalism. According to Brecht, people deserve the wars they get if they subscribe to a political system that is unfair and favors a specific sector of society, namely capitalism, in which it is up to the individual to secure his own means of survival. In other words, if the system is unjust in any way, war and conflict is inevitable. For this to be understood, it would be essential that the audience see the play for what it is, as opposed to becoming engaged in its story. This means that they would have to be alienated from the play, and made perpetually aware of it as a play and nothing more. To do this, Brecht jolted audiences out of their expectations and deliberately avoided theatrical techniques that would make appearances realistic. In this way, people were forced to confront the issues at hand and decipher the meanings behind what they were being shown. The "obvious" being referred to by Brecht is what is clearly seen, what one cannot miss. It does not require reflection and arouses no thought. By alienating the audience in this play, they see that nothing is happening at an obvious level, and can gain true understanding of the characters' reasons for behaving as they do, and of the background against which they exist. Brecht incorporated alienation techniques in the methods of staging used in performances of Mother Courage, firstly by keeping a very bright white light trained evenly upon the set throughout. This eliminated any opportunities for creating an atmosphere; any magical or romantic views of ... ...rinciples Brecht believed in: unless man has food and shelter, he does not have freedom. This tenet is what Brecht asserts in Mother Courage, and whose understanding can only be gained when audiences realise that the obvious is an irrelevance, that this play should be seen not as a tale but as a presenting of issues. By using the aspects of character, song, structure, style, inevitability, and staging, Brecht ensures that the audience remains alienated, and that their expectations are not met.    Works Cited and Consulted Brecht, Bertolt. "Mother Courage and Her Children." Worthen 727-751. Cook, Ellen Piel, ed. Women, Relationships, and Power. Virginia: American Counseling Association, 1993. Hwang, Henry David. "M. Butterfly." Worthen 1062-1084. Worthen, W.B. ed. The Harcourt Brace Anthology of Drama. 3rd ed. Toronto: Harcourt, 1993.

An Examination of File-sharing on the Internet Essay -- Research File

An Examination of File-sharing on the Internet â€Å"Napster and its founder held the promise of everything the new medium of the Internet encompassed: youth, radical change and the free exchange of information. But youthful exuberance would soon give way to reality as the music industry placed a bull's-eye squarely on Napster.† I. Introduction Today the use of a computer has provided many privileges to its users, and among those privileges the main and largest one is the distribution of information across the internet. Through the internet, the average person has the ability to access millions of databases of information at no cost. This is the intent that the internet was founded on; that all people could come together to exchange ideas freely, without fear of rebuke or prosecution. However that time seems to be a small scratch on the long wall of history, for a few years ago a simple file-sharing program called Napster sprung up on the internet, and in doing so opened up a whole can of controversy . File-sharing became such a complicated issue as many files are, at their root, simply information. However that information has copyrights and ownership attached to it, a fact that cannot be overlooked by the world no matter how much they would like. Thus, those users around the world who choose to share files are now being pursued by huge corporations with ridiculous threats of a $15,000 fine per song downloaded (and they haven’t even began to pursue the infringements of movies or software yet). But are these companies justified in their actions? Does the basis for file-sharing really warrant such a harsh rebuttal? To determine this, let’s take a look at the long road that led us to the junction of chaos we now f... ...er Died, May 2002, Wired News, 16 Nov. 2003 . [vi] â€Å"Approaching Ethics† Markkula Center for Applied Ethics, Santa Clara University, 2000, 3, . [vii] File Sharing Software gets the Legal OK, 2001, Amplifier, 17 November 2003, . [viii] Grossman; Hasnain; Holton; Morrissey; Roston; Taylor; Chu. â€Å"IT’S ALL FREE!† Time. May 2003:18. [ix] Ernesto Damiani. â€Å"Managing and Sharing Servents' Reputations in P2P Systems,† IEEE Transactions on Knowledge & Data Engineering 15 (2003):1 [x] Berdichevsky & Neuenschwander, â€Å"Ethics of Persuasive Technology,† Communications of the ACM, 15 November 2003, .

Themes of Arthur Millers The Crucible :: Essay on The Crucible

Arthur Miller's The Crucible A group of teenage girls were secretly dancing in the woods with a black slave, named Tituba. When they were discovered of what they were doing, the girls started accusing certain individuals in the village of dealing with witchcraft. Within a blink of an eye, the entire village is controlled by a devil that exists within the fear of each person. A drama of suspense and impact, Arthur Miller's The Crucible, explores through the individuals' vengeance, fear, reputation, and quest for power. Vengeance is the main theme of The Crucible. The people of the town of Salem were not united, but instead, distrusted and disliked each other. During the court trials, the girls started accusing certain people that they didn't like of dealing with witchcraft. For example, Abigail Williams couldn't forget John Proctor even though their affair was over. She believed that if his wife, Elizabeth Proctor, was out of the way, Abigail and John would be together again. Therefore, she told everyone that Elizabeth's spirit was trying to kill her and accused Elizabeth of being a witch. Fear also played an important role in The Crucible. The girls were afraid of being accused as witches themselves, so they started accusing other people in the town of being witches. Moreover, many people who were accused of being witches confessed to being witches because they were scared of death. People who confessed to witchcraft and dealing with the devil only stayed in the jail for a short time while others who refused to give in were hanged. Towards the end of the play, Abigail and Mercy ran away with huge amounts of money because they were afraid that if the authorities found out that they were lying they would be punished severely. The theme of reputation and quest for people is also portrayed clearly in The Crucible. In the old days, children were considered unimportant. They weren't allowed to speak until given permission to, and they didn't make important decisions at all. However, during the witch court trials, Abigail and other girls had the power to say who was innocent and who was guilty. Probably, for the first time in their lives, they had power over Salem and they wanted to maintain it. Moreover, the authorities of Salem were afraid of losing authorities and power. For example, the judges, Governor Danforth and Ezekiel Cheever didn't want to admit that they were being fooled by a bunch of girls so they insisted that witchcraft existed in the town of Salem.

How important are staff/management relations? Essay

A good relationship between staff and management is one in which each party respects and trusts one another, communicates with and understands one another and understands clearly what is expected of each other. Each party must make a fair contribution towards satisfying the interests of the other party. Demands placed on each other must be reasonable. Compromise and co-operation both play important roles in safeguarding the interests of the business while also satisfying the conflicting interests of it’s workforce. It is imperative to build and maintain healthy staff/management relations for the following reasons. Good relations help to prevent disputes and if conflict does arise it can be better resolved between staff and management who have already developed a good working relationship which helps to ensure as little disruption to normal operations as possible. Good staff/management relations lead to high morale amongst a workforce. A happy workforce is a more productive one. The employer will also find it easier to retain its employees. Poor relations can lead to an unhappy workforce and dissatisfied management which is likely to result in reduced productivity and the overall failure of the business. The interests of a company and the interests of it’s workforce are often in conflict with each other. A number of practices must be in place in order to simultaneously satisfy the needs of both the business and of it’s people. When an employee first joins a company, they must be given a contract which clearly states what is expected of them in their role and what remuneration he/she will receive. The contract, terms and conditions must make it clear what the employee can expect from it’s employment. The employee must also be made aware of all relevant company polices and procedures particularly regarding conduct, sickness, disciplinary procedures and grievances possibly via a company handbook, intranet website or induction. Without having been given the necessary information in the first place, it is unreasonable for any employer to expect compliance with rules. There must be a clear organizational structure in place so that staff members know who they report to and this helps to instill a respect for authoritative positions. However in order to earn respect from it’s staff, management must undergo regular training to ensure they possess the necessary skills to manage the workforce well. Sufficient training must be given to staff members to equip them with the knowledge and skills required to carry out their role. Performance appraisals should take place to assess performance, identify problem areas and to reward excellence. This is beneficial to both the company and the staff member as poor performance can be corrected and well performing staff members benefit from recognition. Reviews of conditions and pay should take place in order to keep up with change and competition. Competitors may not only ‘steal’ customers but could ‘steal’ a workforce if they can offer them more. Retaining a workforce will keep recruitment and training costs to a minimum. Monetary rewards are not always enough to motivate staff. It may be necessary in some situations to motivate staff using other incentives such as awards, promotional prospects, shares and staff discounts. It is necessary that management and staff have effective methods of communicating with each other such as email, newsletters or meetings. Staff must have means of expressing themselves and providing feedback upwards which can be done through surveys or even informal discussions. With effective communications, problems can be identified early and resolved quickly. Using the above mentioned practices a better working relationship can be established between management and staff ensuring the success of the company and the well being of its workforce.

Night World : Secret Vampire Chapter 12

Poppy was lying there on the white velvet lining, eyes shut. She looked very pale and strangely beautiful-but was she dead? â€Å"Wake up,† James said. He put his hand on hers.Phillip had the feeling that he was calling with hismind as well as his voice. There was an agonizingly long minute while nothing happened. James put his other hand under Poppy's neck, lifting her just slightly. â€Å"Poppy, it's time. Wake up. Wake up.† Poppy's eyelashes fluttered. Something jarred violently in Phillip. He wanted togive a yell of victory and pound the grass. He alsowanted to run way. Finally he just collapsed by thegraveside, his knees giving out altogether. â€Å"Come on, Poppy. Get up. We have to go.† James was speaking in a gentle, insistent voice, as if he weretalking to someone coming out of anesthesia. Which was exactly how Poppy looked. As Philwatched with fascination and awe and dread, sheblinked and rolled her head a little, then opened her eyes. She shut them again almost immediately, butJames went on talking to her, and the next time she opened them they stayed open. Then, with James urging her gently, she sat up. â€Å"Poppy, â€Å"Phil said. An involuntary outburst. His chest was swelling, burning. Poppy looked up, then squinted and turned immediately from the beam of the flashlight. She lookedannoyed. â€Å"Come on,† James said, helping her out of theopen half of the casket. It wasn't hard; Poppy was small. With James holding her arm, she stood on theclosed half of the casket, and Phil reached into the hole and pulled her up. Then, with somethinglike a convulsion,hehugged her. When he pulled back, she blinked at him. A slightfrown puckered her forehead. She licked her indexfinger and drew the wet finger across his cheek. â€Å"You're filthy,† she said. She could talk. She didn't have red eyes and achalky face. She was really alive. Weak with relief, Phil hugged her again. â€Å"Oh, God,Poppy, you're okay. You're okay.† He barely noticed that she wasn't hugging himback. James scrambled out of the hole. â€Å"How do you feel, Poppy?† he said. Not a politeness. A quiet, probing question. Poppy looked at him, and then at Phillip. â€Å"I feel†¦fine.† â€Å"That's good,† James said, still watching her as ifshe were a six-hundred-pound schizophrenic gorilla. â€Å"I feel†¦hungry,† Poppy said, in the same pleasant, musical voice she'd used before. Phil blinked. â€Å"Why don't you come over here, Phil?† James said, making a gesture behind him. Phil was beginning to feel very uneasy. Poppy was†¦ could she besmellinghim? Not loud, wet sniffs, but the delicate little sniffs of a cat. She was nosingaround his shoulder. â€Å"Phil, I think you should come around over here,† James said, with more emphasis. But what happenednext happened too quickly for Phil even to startmoving. Delicate hands clenched like steel around his biceps. Poppy smiled at him with very sharp teeth, thendarted like a striking cobra for his throat. I'm going to die, Phil thought with a curious calm. He couldn't fight her. But her first strike missed. Thesharp teeth grazed his throat like two burning pokers. â€Å"No, you don't,† James said. He looped an arm around Poppy's waist, lifting her off Phil. Poppy gave a disappointed wail. As Phil struggled to his feet, she watched him the way a cat watchesan interesting insect. Never taking her eyes off him,not even when James spoke to her. â€Å"That's your brother, Phil. Your twin brother. Remember?† Poppy just stared at Phil with hugely dilated pupils.Phil realized that she looked not only pale and beautiful but dazed and starving. â€Å"My brother? One of our kind?† Poppy said,soundingpuzzled. Her nostrils quivered and her lipsparted. â€Å"He doesn't smell like it.† â€Å"No, he's,not one of our kind, but he's not forbiting, either. You're going to have to wait just a littlewhile to feed.† To Phillip, he said, â€Å"Let's get this hole filled in, fast.† Phillip couldn't move at first. Poppywas stillwatching him in that dreamy but intense way. Shestood there in the darkness in her best white dress, supple as a lily, with her hair fallingaround her face.And she looked at him with the eyes of a jaguar. She wasn't human anymore. She was somethingother.She'd said it herself, she and James were ofone kind and Phil was something different. She belonged to the Night World now. Oh, God, maybe we should just have let her die,Phil thought, and picked up a shovel with loose and trembling hands. James had already gotten the lid back on the vault. Phil shoveled dirt on it withoutlooking at where it landed. His head wobbled as ifhis neck were a pipe cleaner. â€Å"Don't be anidiot,† avoice said, and hard fingersclosed on Phil's wrist briefly. Through a blur, Philsaw James. â€Å"She's not better off dead. She's just confused rightnow. This istemporary,all right?† The words were brusque, but Phil felt a tiny surgeof comfort. Maybe James was right. Life was good,in whatever form. And Poppy had chosen this. Still, she'd changed, and only time would tellhow much. One thing-Phil had made the mistake of thinkingthat vampires were like humans. He'd gotten so comfortable with James that he'd almost forgotten theirdifferences. He wouldn't make that mistake again. Poppy felt wonderful-in almost every way. She felt secret and strong. She felt poetic and full of possibility. She felt as if she'd sloughed off her oldbody like a snake shedding its skin, to reveal a fresh new body underneath. And she knew, without being quite sure how sheknew, that she didn't have cancer. It was gone, the terrible thing that had been running wild inside her. Her new body had killed it andabsorbed it somehow. Or maybe it was just that every cell that made up Poppy North, every molecule,had changed. However It was, she felt vibrant and healthy. Notjust better than she had before she'd gotten the cancer, but better than she could remember feeling inher life. She was strangely aware of her own body,and her muscles and joints all seemed to be workingin a way that was sweet and almost magical. The only problem was that she was hungry. It wastaking all her willpower not to pounce on the blondguy in the hole.Phillip.Her brother. Sheknewhe was her brother, but he was alsohuman and she could sense therichstuff, lush with life, that was coursing through his veins. The electrifying fluid she needed to survive. So jump him, part of her mind whispered. Poppyfrowned and tried to wiggle away from the thought.She felt something in her mouth nudging her lowerlip, and she poked her thumb at it instinctively. It was a tooth. A delicate curving tooth. Both hercanine teeth were long and pointed and verysensitive. How weird. She rubbed at the new teeth gently,then cautiously explored them with her tongue. Shepressed them against her lip. After a moment they shrank to normal size. If shethought about humans full of blood like berries, theygrew again. Hey, look what I can dot But she didn't bother the two grimy boys whowere filling in the hole. She glanced around and triedto distract herself instead. Strange-it didn't really seem to be either day ornight.-Maybe there was an eclipse. It was too dim tobe daytime, but far too bright for nighttime. Shecould see the leaves on the maple trees and the graySpanish moss hanging from the oak trees. Tiny moths were fluttering around the moss, and she could seetheir pale wings. When she looked at the sky, she got a shock. There was something floating there, a giant round thing thatblazed with silvery light. Poppy thought of spaceships,of alien worlds, before she realized the truth. It was themoon.Just an ordinary full moon. Andthe reason it looked so big and throbbing with lightwas that she had night vision. That was why shecould see the moths, too. All her senses were keen. Delicious smells waftedby her, the smells of small burrowing animals andfluttering dainty birds. On the wind came a tantalizing hint of rabbit. And she couldhearthings. Once she whipped herhead around as a dog barked right beside her. Then she realized that it was far away, outside the cemetery. It only sounded close. I'll bet I can run fast, too, she thought. Her legsfelt tingly. She wanted to go running out into thelovely, gloriously-scented night, to be one with it.She waspartof it now. James,she said. And the strange thing was that shesaid it without saying it out loud. It was somethingshe knew how to do without thinking. James looked up from his shoveling.Hang on,hesaid the same way.We're almost done, kiddo. Then you'll teach me to hunt? He nodded, just slightly. His hair was falling overhis forehead and he looked adorably grubby. Poppyfelt as if she'd never really seen him before-because now she was seeing him with new senses. Jameswasn't just silky brown hair and enigmatic gray eyesand a lithe-muscled body. He was the smell of winterrain and the sound of his predator's heartbeat andthe silvery aura of power she could feel around him. She could sense his mind, lean and tiger-tough but somehow gentle and almost wistful at the same time. We're hunting partners now,she told him eagerly,and he smiled an acknowledgment. But underneath she felt that he was worried. He was either sad or anxious about something, something he was keeping from her. She couldn't think about it. She didn't feel hungryanymore †¦she felt strange. As if she was having trouble getting enough air. James and Phillip were shaking out the tarps, unrolling strips of fresh sod to cover the grave. Hergrave. Funny she hadn't really thought about thatbefore. She'd been lying in a grave-she ought tofeel repulsed or scared. She didn't. She didn't remember being in there atall-didn't remember anything from the time she'dfallen asleep in her bedroom until she'd woken upwith James calling her. Except a dream †¦ â€Å"Okay,† James said. He was folding up a tarp. â€Å"We can go. How're you feeling?† â€Å"Ummm. . a little weird. I can't get a deepbreath.† â€Å"Neither can I,† Phil said. He was breathing hardand wiping his forehead. â€Å"I didn't know grave digging was such hard work.† James gave Poppy a searching look. â€Å"Do you thinkyou can make it back to my apartment?† â€Å"Hmm? I guess.† Poppy didn't actually know whathe was talking about. Make it how? And why shouldgoing to his apartment help her to breathe? â€Å"I've got a couple of safe donors there in the building,† James said. â€Å"I don't really want you out on thestreets, and I think you'll make it there okay.† Poppy didn't ask what he meant. She was having trouble thinking clearly. James wanted her to hide in the backseat of hiscar. Poppy refused. She needed to sit up front and tofeel the night air on her face. â€Å"Okay,† James said at last. â€Å"But at least sort ofcover your face with your arm. I'll drive on backroads. Youcan'tbe seen, Poppy.† There didn't seem to be anyone on the streets tosee her. The air whipping her cheeks was cool andgood, but it didn't help her breathing. No matter howshe tried, she couldn't seem to get a proper breath. I'm hyperventilating, she thought. Her heart wasracing, her lips and tongue felt parchment-dry. And still she had the feeling of being air-starved. What'shappening to me? Then the pain started. Agonizing seizures in her muscles-like the crampsshe used to get when she went out for track in juniorhigh. Vaguely, through the pain, she rememberedsomething the P.E. teacher had said.†Thecrampscome when your muscles don't get enough blood. A charley horseis a clump of muscles starving to death.† Oh, ithurt.It hurt.She couldn't even call to James for help, now; all she could do was hang on to thecar door and try to breathe. She was whooping andwheezing, but it wasn't any good. Cramps everywhere-and now she was so dizzythat she saw the world through sparkling lights. She. was dying. Something hadgone terriblywrong. She felt as if she were underwater, tryingdesperately to claw her way to oxygen-only therewas nooxygen. And then she saw the way. Or smelled it, actually. Thecar was stopped at a redlight. Poppy's head and shoulders were out the windowby now-and suddenly she caught a whiff of life. Life.What she needed. She didn't think, she simplyacted. With one motion she threw the car door open and plunged out. She heard Phil's shout behind her and James'sshout in her head. She ignored both of them. Nothing mattered except stopping the pain. She grabbed for the man on the sidewalk the waya drowning swimmer grabs at a rescuer. Instinctively. He was tall and strong for a human. He was wearinga dark sweatsuit and a bomber jacket. His face wasstubbly and his skin wasn't exactly clean, but thatwasn't important. She wasn't interested in the con tainer, only in the lovely sticky red stuff inside. This time her strike was perfectly accurate. Herwonderful teeth extended like claws and stabbed intothe man's throat. Puncturing him like one of thoseold-fashioned bottle openers. He struggled a little and then went limp. And then she was drinking, her throat drenched in copper-sweetness. Sheer animal hunger took over as she tapped his veins. The liquid filling her mouthwas wild and raw and primal and every swallow gaveher new life. She drank and drank, and felt the pain disappear.In its place was a euphoric lightness.When she paused to breathe, she could feel her lungs swell withcool, blessed air. She bent to drink again, to suck, lap, tipple. Theman had a clear bubbling stream inside him, and shewanted it all. That was when James pulled her head back. He spoke both aloud and in her mind and his voicewas collected but intense. â€Å"Poppy, I'm sorry. I'm sorry.It was my fault. I shouldn't have made you wait solong. But you've had enough now. You can stop.† Oh†¦confusion. Poppy was peripherally aware of Phillip, her brother Phillip, looking on in horror. James said shecouldstop, but that didn't mean she had to. She didn'twantto. The man wasn't fightingat all now. He seemed to be unconscious. She bent down again. James pulled her back upalmost roughly. â€Å"Listen,† he said. His eyes were level, but his voicewas hard. â€Å"This is the time you can choose, Poppy.Do youreallywant to kill?† The words shocked her back to awareness. To kill†¦that was the way to get power, she knew. Bloodwas power and life and energy and food and drink.If she drained this man like squeezing an orange, shewould have the power of his very essence. Whoknew what she might be able to do then? But†¦he was a man, not an orange. A humanbeing. She'd been one of those once. Slowly, reluctantly, she lifted herself off the man.James let out a long breath. He patted her shoulderand sat down on the sidewalk as if too tired to stand up right then. Phil was slumped against the wall of the nearestbuilding. He was appalled, and Poppy could feel it. She couldeven pick up words he was thinking-words likeghastly andamoral.A whole sentence that went something like†Is it worth it to save her life if she's lost her soul?† James jerked around to look at him, and Poppy couldfeel the silver flare of his anger. â€Å"You just don't get it,do you?† he said savagely. â€Å"She could have attackedyou anytime, but she didn't, even though she wasdying. You don't know what the bloodlust feels like.It's not like being thirsty-it's like suffocating. Your cells start to die from oxygen starvation, because your own blood can't carry oxygen to them. It's the worst painthere is, but she didn't go after you to make it stop.† Phillip looked staggered. He stared at Poppy, thenheld out a hand uncertainly. â€Å"I'm sorry†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. â€Å"Forget it,† James said shortly. He turned his backon Phil and examined the man. Poppy could feel himextend his mind. â€Å"I'm telling him to forget this,† hesaid to Poppy. â€Å"All he needs is some rest, and he might as well do that right here. See, the woundsare already healing.† Poppy saw, but she couldn't feel happy. She knewPhil still disapproved of her. Not just for somethingshe'd done, but for what shewas. What's happened to me?she asked James, throwingherself into his arms. Have I turned into something awful? He held her fiercely.You're just different. Not awful. Phil's a jerk. She wanted to laugh at that. But she could feel atremor of sadness behind his protective love. It wasthe same anxious sadness she'd sensed in him earlier.James didn't like being a predator, and now he'dmade Poppy one, too. Their plan had succeeded brilliantly-and Poppy would never be the old PoppyNorth again. And although she could hear his thoughts, itwasn't exactly like the total immersion when they'dexchanged blood. They might not ever have that togetherness again. â€Å"There wasn't any other choice,† Poppy. saidstoutly, and she said it aloud. â€Å"We did what we hadto do. Now we have to make the best of it.† You're a bravegirl.Did I ever tell you that? No. And if you did, I don't mind hearing it again. But they drove to James's apartment building in silence, with Phil's depression weighing heavily inthe backseat. â€Å"Look, you can take the car back to your house,† James said as he unloaded the equipment and Poppy's clothes into his carport. â€Å"I don't want to bringPoppy anywhere near there, and I don't want toleave her alone.† Phil glanced up at the dark two-story building asif something had just struck him. Then he cleared histhroat. Poppy knew why-James's apartment was anotorious place, and she'd never been allowed to visitit at night. Apparently Phil still had some brotherlyconcern for his vampire sister. â€Å"You, uh, can't justtake her to your parents' house?† â€Å"How many times do I have to explain? No, I can'ttake her to my parents, because my parents don't knowshe's a vampire. Right at the moment she's an illegalvampire, a renegade, which means she's got to be kept a secret until I can straighten things out–somehow.': â€Å"How-† Phil stopped and shook his head. â€Å"Okay.Not tonight. We'll talk about it later.† â€Å"No, ‘we' won't,† James said harshly. â€Å"You're nota part of this anymore. It's up to Poppy and me. All you need to do is go back and live your normal lifeand keep your mouth shut.† Phil started to say something else, then caughthimself. He took the keys from James. Then he looked at Poppy. â€Å"I'm glad you're alive. I love you,† he said. Poppy knew that he wanted to-hug her, but something kept both of them back. There was an emptiness in Poppy's chest. â€Å"Bye, Phil,† she said, and he got in the car and left.