Downloading And Copyright Laws

Downloading And Copyright Laws Illegal downloading also known as file sharing enables people throughout the world to share information such as movies, music and documents. Music artists around the world were losing out on thousands if not millions of dollars worth of profit from CD sales. The biggest offender was the newly software called Napster developed in 1999. In the past decade governments have become more and more involved into combating this form of distribution. This essay looks into how appropriate governments alongside ISPs operate against combating this type of crime. Net neutrality is a major theme, that in my opinion forms a barrier. The constant updating of laws and overwriting of laws has caused an overwhelming amount of confusion, and with the development of ACTA it only causes more confusion. During my research, I have used and referred to internet on many occasions as I felt that this was the most updated form of information on this topic. Books and reports to gain an understanding surrounding technological aspects as well as sociological aspects into this ever-growing problem of copyrighted file sharing. Introduction to Illegal Downloading and Copyright Laws The illegal downloading of copyrighted material is probably one of the most common and easiest things we can do on a computer today. It doesnt take a computer expert to do so. All this was made easier by a program called Napster, which was released before the millennium, by Shawn Fanning, a college student. He had developed a way which would revolutionize the way data was sent across computers systems. It was just about two years ago, where the French government suggested and passed a law stating that the downloading and uploading of copyrighted material would be seen as a criminal offense and that action would be taken. Soon enough, after years of discussion the offenders would receive their warning letters this year. The French government claiming that over 100,000 letters were sent. However as many other journalists believe, this does seem a bit exaggerated and used a scare tactic. This investigation looks at whether it is justified for the French authorities to cut someones internet connection. The law was highly controversial as it affected internet privacy, and it was soon brought to my awareness that it didnt follow the philosophy of the World Wide Web. The idea behind the set up of the World Wide Web, was net neutrality. The ideas are simple. That governments or ISPs should not intervene with any of the content being distributed, and allow free communication between the computer systems. This being said, it doesnt appear to be the case, and governments have become more involved. The origins of copyright law date back to the 16th and 17th century, were different acts were made for printing and pressing. The Licensing Act of 1662 which protected printers against piracy. The breaching of this act, would lead to high fines and possible imprisonment. The first known law of copyright originated in Britain and was primarily there for the protection of literary works. The Fair Use Copyright has derived itself from the Statute of Anne. We move on again to the Berne Convention for the Protection of Literary and Artistic Works, which is an international agreement where governments around the world joined forces to protect intellectual property. The history and development of copyright laws is described in further detail in the History of Illegal Distribution of Copyright Material of this essay. The topic of net neutrality is one of great importance in todays society in the case of authorities becoming involved into the case of potential illegal downloading and uploading. Regulations vary in countries, however the essence of net neutrality should never have changed. To what extent are governments allowed to access our computers or intercept data packages destined for personal computers. The contrast between telephones will be interesting to mention, as telephones require court orders for data to be intercepted from a phone. Isnt this a paradox? ACTA (Anti-Counterfeiting Trade Agreement) is the new hype surrounding intellectual property. ACTA is a highly secretive treaty between developed countries who are keen on creating even stricter intellectual property laws, and add them into free trade agreements. It is important to note what type of agreement this is. It is not a law, which means it doesnt have to pass parliament. This is an easy way for countries to overcome so many issues surrounding copyright laws. Due ACTAs secrecy, information available is limited and I have attempted to get as much as I can, as I feel that this agreement will bring a lot change to the role of governments in controlling their copyright laws as well as bringing up new ethical issues. With all of this combined, its evident that with recent developments in the world and the way it will affect how we use computer systems, I can follow up on an investigation of the question: To what extent are the responsibilities of governments and ISPs in harmony in the case of copyright laws? Availability of Copyrighted Material As mentioned in my introduction, over the past few years technology has advanced so rapidly, from tape recorders to CDs to portable digital media players. These transitions have brought in different factors along with it, such as different ways of formatting music files and videos, as well as being able to access them on multiple devices. Hence making copyrighted material more vulnerable as it became so easy to transfer. The general public started to see that music, videos and software were becoming free, as computer intellectuals started cracking and hacking this basic form of protection that was implemented on copyrighted material. Napster was set up in June of 1999, and was a massive hit among college students. Rumor has is that over 2 million downloads of Napster occurred in the first 6 months of its launch! Soon enough word reached the RIAA (Recording Industry Association of America) and various artists and the challenges of this new digital revolution would begin. This social a nd ethical battle still continues today, is it right to download copyrighted material freely? There are so many ways to find and record music, and laws that have been written arent updated enough to keep up with the general level of advancement in technology. The issue of laws not being updated at a faster rate is touched upon in History of Illegal Distribution of Copyright Material. Shawn Corey Carter also known as Jay-Z, one of worlds most successful artists said in an interview with the well respected Forbes Magazine that the record industry had made a mistake and should have embraced the technology and worked with it, rather then going against it. In the past couple of years, the music industry is attempting to embrace this new digital revolution. Since then results have proven that he was correct. In 2004 digital sales had increased by over 940%! In reply to this surge and the increase of downloading, big artists and bands have released free tracks. The arrival of iTunes by Apple would also give more people access to music and within 7 years iTunes sold over 10 billion songs! Steve Jobs described this development as This has been the birth of legal downloading, Apple CEO Steve Jobs said of iTunes when it first launched in 2003. Were going to fight illegal downloading by competing with it. Were not going to sue it. Were not going to ignore it. Were going to compete with it. This is an effective statement is a prime example of where most governments should be at today, however this is not the case. iTunes is a great example of how it can work, as well as other various examples such as Spotify as well as Beatport. In a survey I conducted among twenty individuals asking; If you knew how to download music and videos illegally, would you? 60% of people said Yes. Its been evident that downloading music is a very lucrative market, and this is shown by the as data from the IFPI (International Federation of the Phonographic Industry) suggests that the combined figures of sixteen countries over a three year period leads to 40 billion illegal downloads! The last few years have been referred to as the digital revolution, however I think we are entering a new age of digital amelioration. History of Illegal Distribution of Copyright Material The distribution of copyrighted material has been a problem since the 17th century and the free content across the World Wide Web has only been a problem for just over a decade. The introduction of Napster in 1999 would be the start of a new era. However the sharing of data had been going on long before Napster. This data was of a different kind, and of a different purpose, yet its philosophy is similar today in the case of To what extent are the responsibilities of governments and ISPs in harmony in the case of copyright laws?. The philosophy of net neutrality is based on freedom of speech, and people operating beyond the jurisdiction of any authority or any countrys authority. Soon after Napster was set up, different methods evolved, such as other P2P software sharing such as Limewire, Kazaa. Torrents have become popular in recent years. A new era was born, and digital media was widely available. During my research I decided to find out how long and how many clicks are needed to find a song using various methods. This table is listed below: Method As can be seen above through my research, the simplicity of dowloading music, is done in less the ten clicks! This also depends upon whether or not you use keyboard shortcuts. The origins of copyright law date back to the 16th and 17th century, where different acts were made for printing and pressing. The Licensing Act of 1662 stating An Act for preventing the frequent Abuses in printing seditious treasonable and unlicensed Bookes and Pamphlets and for regulating of Printing and Printing Presses. Even though these acts and laws existed, printers were given exclusive rights to be able to print a certain document. Religious establishments were keen on getting the bible printed, as it was a way of spreading ideas. The breaching of this act, would lead to high fines and possible imprisonment. The first known law of copyright originated in 1907 in Britain. This was known as the Statute of Anne, it stated An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned. As we can quickly establish, the first instance of copyright law, came from a position of authority, Queen Anne of Britain. During my research it became very apparent that nearly all copyright laws were related to literature work. Over time the laws and statutes have adjusted themselves to certain situations. The Fair Use Copyright has derived itself from the Statute of Anne. It can be compared to freedom of speech. Fair use has never been given limits by its lawmakers. It allows people to make a fair use is any copying of copyrighted material done for a limited and transformative purpose such as to comment upon, criticize or parody a copyrighted work. This law doesnt allow copyright holders to over exaggerate the unlawful use of their work, as well as allowing the public to use the work fairly. The Berne Convention for the Protection of Literary and Artistic Works, is a international agreement which was signed in 1886, and currently has 164 members. This was the first step where governments around the world joined forces to protect intellectual property. The law abolished the requirement to register foreign works and introduced an exclusive right to import or produce translations. It has come to my attention that the issue of controlling the distribution of ideas and copyrighted material has been a social and ethical issue not for the past decade, but in actual fact for approximately three centuries, yet still today governments lack behind and still havent found a solution. The evolution of the World Wide Web has only made this a harder task. Net Neutrality The definition of Net Neutrality is unclear, as there are many different interpretations, fundamentally it means the access to the internet without restrictions. Tim Berners-Lee once said that Net Neutrality is a principle proposed for user access networks participating in the internet that advocates no restrictions by Internet Service Providers and governments on content, sites, platforms, the kinds of equipment that may be attached, and the modes of communication allowed Net neutrality is the reason the internet has become such an important and powerful way of bringing messages across, and has had such an influence on world affairs. A great example is the affect of Wikileaks, and how governments attempt to remove them. The educational value it just as important, as it enables old and young generations to share ideas and learn from each other. In the case of music, it can be argued that their definition for music is very different, and indeed the definition of music is still today a matter of discussion. Record labels obviously feel that it is a source of income. Some people feel that it is a way of expressing emotion. The sharing of music allows inspiration for others to follow, and I think it can be widely agreed on. If people did not have access to as much music as they do, the music industry wouldnt be as alive as it is today. It would appear that copyright laws established by government are actually inhibiting new artists, instead of blossoming t heir growth. ISPs and Governments appear to be receiving pressure from the creative arts industry internationally. This is slightly ironic as it is primarily the music industry that have such issues with the current state of their market. The International Chambers of Commerce states the significant volume of digital and fake products being distributed via the Internet, and the loss of economic development, harm to heath safety, reduced technology transfer, and innovation, the total magnitude of counterfeiting and piracy worldwide is well over US$ 600 billion. France has been the center of government and ISP regulation, as its said to be the number 1 country in illegally accessing movies and music. In 2005 the DADVSI was voted through by both houses of the French Parliament. DAVSI was a proposed law based on reforming the French copyright laws, which forbid the sharing of copyrighted material through P2P networks. This was probably one of the most understood laws implemented. The law has had its fair amount of modifications since its implementation, as well as new laws overwriting the DAVSI law as new technological and social issues kept arising. The example of this is the new controversial HADOPI law, which was implemented after a previous failed attempt in early 2009. After its first year of running, and still uncertainty on what these laws exactly are. The French President Sarkozy, has announced that the HADOPI agency has warned over 100,000. Although experts say that the real figure is approximately 30,000. The ways these warnings are received, touch upon the essence of net neutrality. International Press as well as computer experts have suggested French ISPs have been reluctant to identify and email customers, yet have been forced to do so under government pressure. Our discussion, is to determine the right idea for third parties such as ISPs to get involved for an issue that isnt theirs but that of the record labels. This makes legislation a lot harder, and it requires constant updating. The Chinese government is an example of how a government controls the internet, shutting down sites that could show information which could potential bring vast amounts of criticism from other countries. However the US has criticized this thoroughly, recently there have been government proposals for wire tapping the internet, to allow national security agencies to track and look at your personal computers data through the internet. In the western world, where people are often critical of Eastern policies, we are now moving to similar policies that we criticize to this day. ISPs shouldnt be allowed to packet sniff to investigate our activity. This brings in the whole issue of privacy. There are another few examples which can be shown as why net neutrality should be enforced further. In 2007 Federal Communications Commission advised the US government to vote for the implementation of a law for net neutrality as it is only a morale and not an actual law. -Telephone companies connect phone lines together to allow people to communicate easily, but dont tap them to listen to what is being said. Wire tapping requires judicial warrants, and is seen as a huge privacy matter to tap into someones phone. Where do we cross the line? I believe that is a question that nobody can agree upon, from a political as well as a illegal downloader perspective we would receive biased opinions. The willingness for concessions appears to be 0% from both parties. ACTA (Anti-Counterfeiting Trade Agreement) ACTA is a plurilateral agreement between 10 countries and the European Union , which is attempting to set out authoritative measures on intellectual property rights. This idea was developed by America and Japan back in 2006 and the first conference was held in 2008, where soon countries New Zealand to Mexico would join. These talks have been held at a very low level, which has raised suspicions from computer experts, and leaked documents have only increased the fears of the effects that this treaty could have to the public. This agreement gives government authorities rights such as: -The right to search through personal computers, when under the suspicion that illegal copyrighted material might be contained inside. (Border Search Possibilities) -Track internet user behavior -The close cooperation between ISPs and copyright holders in removing infringing material. -Network filtering by ISPs (DPI)) These are an example of the problems that face this agreement, even though ACTA allows countries to set up their own punishment. Some of the suggestions put forward to combat the illegal distribution of copyrighted materials are not in line with privacy laws set out by certain governments, or certain international treaties. Which of course, leads to further complications. The Effects of Illegal downloading Internationally Illegal downloading has been on the agenda of international politics for the last couple of years, and it has become a growing problem for governments, and a global interest for youngsters in that same period. The spread of material through the Internet has grown drastically since the introduction of the World Wide Web. According to the University of Minasotta around 675 petabyes per a day of data crosses between computer systems a day, and an approximated 21 exabytes a month. Its estimated that the internets total data is about 500 billion gigabytes of data back in 2009 . Thanks to all the advancement in technology, and new security concerns, the saving of data has been essential. Multimedia has become a big part of daily life, and it is estimated that on average U.S. children spend almost 8 hours a day using media, such as TV and computer. According to the International Federation of the Phonographic Industry(IFPI) it is estimated that over 95% of all music downloads are illegal (2009). However over the last decade, the music industry has had to adapt to the new demands of the consumer. The digital era has also affected the music industry, and companies such Apple Inc. are selling music at an unbelievable rate from their online music store. The big four Universal Music Group (UMG), Electric Musical Industries (EMI), Warner Music Group (WMG) and Sony Music Entertainment, have developed 360 deals where they fund marketing and promotion for an artist. In return the artist will share his profits from concerts and sales with his record label. Big artists such as Robbie Williams and Jay-Z are attached to such contracts. The digital market, and revenues have increased dramatically in this area. (IFPI report). It shows that the music industry is capable of adapting to new circumstances. Yet feels that is it missing revenues. Although this assertion is correct, the nature of the problem has grown to an extent where it is impossible to reverse, and only minimize damage. I believe a distinction must be made between the music industry and artists, some artists choose to post their work for free as that is their way of marketing it. It changes the discussion point which links in with my research question. To what extent has the distribution of copyright affected the music industry. A wide conception is made when thinking of the music industry as a group of multinationals, however I believe that this is a misconception that shows another complexity on the issue of copyright law. The music industry also consists of the small artists that havent achieved fame. Kate Nash provided her music for free on myspace, and eventually her popularity increased and gaining herself a deal. Overall the effects of illegal downloading has caused some change, instead of actually combating the issue. Conclusion I have attempted to show the consequences of illegal downloading, and future problems caused by it. Copyright law, has evolved thoroughly throughout the past century. Yet the development of technology and the introduction of digital media have only increased this evolution to a rate where it is impossible to overcome the impact. This is reflected in the limited range of sources, as the Internet has proved most updated. When Napster started the idea wasnt embraced but attacked upon, which I believe was a very fundamental error as they could have used this type of technology to their advantage. The music industry has seen a new way of spreading their product and this has shown as from 2004 to 2009 there was a 940% increase in digital sales! Ironically in the same source its stated that in P2P sharing (largest piracy method) 76% actually spend money on music, yet still claim that the net effect is still negative. The development of Copyleft and Creative commons is in my opinion the future. The music industry is like any industry, they have their cycles. It is unfortunate that file sharing was easily dismissed between computer systems. As for ISPs becoming involved, it really relies on governments and in a recent report by the International Federation of the Phonographic Industry (IFPI) ¸ they stated The music industry and other creative sectors around the world are seeking to engage ISPs in curbing digital piracy on their networks. In most countries, this requires help from governments in establishing a consistent and effective response from the entire ISP communityà ¢Ã¢â€š ¬Ã‚ ¦..IFPI first called for ISPs to cooperate in a graduated response system in 2005. Five years later, voluntary means have largely failed to progress. This failed progress is evident from the reluctant ISPs to forward information, as they feel that they are betraying the privacy of their clients. A majority of governments around the world have set themselves a major task, reforming the way digital media is distributed. The development of ACTA has only made the combination of copyright law, intellectual property law and international treaties a immensely and unimaginably complex process. The laws and treaties to overwrite and conflict each other, and complicate the process of reform further. Reviewing the laws and treaties in different countries, just makes me think what on earth are governments attempting to do. Governments are attempting to work in harmony with copyright laws, yet ISPs are becoming increasingly resilient to co-operating with governments but have no choice as laws have been designed which require information about customers to be shared. Another question that arises is to what extent will these measures go, in the Net Neutrality part of this essay. If the government succeeds in forcing ISPs or enabling co-operation between the two. How far will this go with other means of communication? Privacy will be a major social issue. The defending of net neutrality will be difficult as it is a principle and nothing more. Yet it still maintains a status of etiquette among society which is now slowly being broken. The ability of hackers is a force to be reckoned with, they always appear to be one step ahead. Governments and ISPs will always be behind no matter what situation they find themselves in. This is a big social and ethical issue plaguing the World Wide Web. Steve Jobs set an example that many governments must follow, and its too late too combat, so the only way is too compete. The question here is, what will it take to compete? Many lawyers, computer science experts, music businesses and governments have spent years attempting to solve this issue, but to what extent it will ever be gone for good, will be hard. As a concluding statement, I

Concealed Guns on Campus :: texas law, shootings

On May, 2011, a bill that allows college students to have concealed guns on campus has been approved by the Texas State Senate according to The Daily Texan news article. Even other states are also trying to pass the law about concealed weapons on campus. Although some might argue that students need to defend themselves by carrying a gun, the law should be abolished because carrying a gun by immature students may increase violence and tragic accidents whether or not it is intentional. Surprisingly, according to some research based on interviews for students, â€Å"a study of 119 four-year colleges found that 4% of college students reported having a firearm at college, approximately 700,000 firearms based on the size of the current college population.† (Fennell, 99) This report indicates that not a few students carry a gun without realizing that the weapon may kill numerous innocent people. College students, even if they are eligible for drinking alcohol or driving a car, are not mature enough to control themselves or react appropriately in a situation. A tragic shooting on Virginia Technological University did happen, which is called ‘Virginia Tech massacre’ among people. According to the New York Times, more than 30 students including a shooter, Seunghui Choi from South Korea, were shot and killed in a classroom. Dr. Fennell, a professor of health education in the Department of Kinesiology and Health at Miami University in Oxford, Ohio, maintains that students can not handle the stressful college life and might have a chance to express their stress by using their weapons because they are not mature no matter how old they are (100). Therefore, each state needs to reconsider passing the bill of carrying concealed weapons on campus in order not to result in unfortunate tragic stories. A great deal of drugs which might cause critical damage to ordinary people has currently been traded in the United States. Concerning illegal drug use, Richard Nixon, 37th president of the United States, mentioned the phrase â€Å"War on Drugs† during speech. This slogan has been used as main drug policy in the U.S. However, the drug policy is not currently operating well in reality. What does â€Å"War on Drugs† exactly mean? â€Å"The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade.† (Bullington and Alan) In other words, to eliminate the illegal drug trade in the U.

Construction Companies in an Online Environment Essay

For a company to be viable online it must attract the consumer as well as present a viable market for the product being sold. When one thinks of a company that does business well online they may bring to mind businesses such as Amazon or Google. However there are many companies that provide a great product or service but fail to have an online presence that some of their top online competitors possess. One field that has an expansive online presence is the construction industry. Many companies such as Thor Construction Inc. have gone the route of hiring a professional online market company to design their web site, while other much smaller companies have to design their online presence by what their budget will allow. Darrell Julian Construction out of Albuquerque, NM is a company that has a web site that could benefit from developing a different online strategy directed toward their target audience in the commercial and residential construction field. It used to be that one would go to the yellow pages to find a contractor or rely on word of mouth to find a company for a construction project. According to the web site for Darrell Julian Construction (Darrell Julian Construction, Inc., 2007), the company was established in 1975, long before online marketing would have been a thought for Mr. Julian and his company. As the company grew and the industry began to have greater online prescience, Darrell Julian construction needed to take its service to the internet to increase their marketability and stay competitive with the other constructions companies in their target market. By doing this Darrell Julian’s company identified with what Swiply’s web site states that â€Å"the internet gives you a virtually unlimited platform on which you can distinguish yourself as an industry expert.† (Swipely, 2011) In 2007 the web site darrelljulianconstuction.com was created to give this long established company a chance to compete in an online environment. The  product and service that the company has to offer would be viable in an online market as the consumer would be able to see the buildings and the unique way that Darrell Julian’s company assembles the product. According to the web site the walls are designed at a panel plant located at their facility and then shipped to the job site for assembly as opposed to building everything at the job site. This ability allows the workers to assemble precision wall panels and build large scale projects in a timely manner. Having these keywords in their online marketing allows the customer to search for a construction company that can supply the demand of large construction projects with a timely delivery. All of these aspects allow this company to get the word out to the online shopper that they can fill specific needs, however just having a web site in today’s market may not be enough to get the consumer to shop your product or service. Darrell Julian’s web site is available simply by typing in Darrell Julian and then the search engine supplies the web site as one of the first listed on the page. So it is not a hard web site to find, if one knows the name of the business. However, if a person was to search for construction companies in Albuquerque, NM, that person would not see the name Darrell Julian anywhere on the first page. The customer searching for what Mr. Julian’s company has to offer would not have the opportunity to visit the web site because it is not available in a general search. For this site to be successful it must reach the people that are searching for it. The competition is out there and their goal is to reach the consumer first before they have the opportunity to shop around. Some of the first sites that one sees when a search is done for construction companies in Albuquerque would be companies such as Jaynes Corporation, Gerald Martin General Contractor, and Hart Construction Inc. There are many other companies that appear on the first page of the search but a first glance these appear to be the more popular companies that consumers search for when trying to find a construction company. Jaynes Corporation is the first site that appears with a brief description after the companies’ name. Jaynes Corporation is primarily a commercial construction company that  offers competition to Darrell Julian Construction on a large scale. Their site shows many pictures of the projects that they have done as well as detailed descriptions as to what the project required. Some of the other positives of the web site are that they provide a complete company profile, press releases and news stories exemplifying their work as well as rewards, and links to social media sites such as Facebook and Twitter. Some of the negative aspects of the site are that they do not talk about that construction process as much as one would think would be necessary to understand how the company adds to the value of their service with unique traits of their design. There is also not a place to find customer feedback on the site, be it good or bad so that a customer can relate to the other organization that have utilized Jaynes Corporation’s services. Gerald Martin has a beautiful home page that entices the visitor with spectacular pictures of some of their greatest accomplishments in the field of commercial construction. Also on the home page are some of the company’s accreditations, with the graphic designs that those who understand the construction industry would recognize by site. As with the web site for Jaynes, this site offers many pictures of the company’s projects with a detailed description of the structure that was built. Also there is a link to read news briefs to allow one an insight into some of the inner workings of Gerald Martin and their accomplishments. One of the negatives that could stand out to a visitor of the site would be that there are no links to social media sites. Again much like with Jaynes Corporation there are no testimonials on the site. There is not a place to go to view customer’s opinions of the company or the site. Another aspect that one might find is that there is not a place to compare how Gerald Martin stands apart from their competition giving the customer a way to eliminate other companies from their search. One final site for comparison is Hart Construction located in the local Albuquerque area. The web site for this company has many of the same attributes as Darrel Julian’s web site. Upon first glance the site is not  as professionally done as the other two companies that it is compared to above. The site does have quality pictures that show some of the jobs that the company has done but there are no descriptions as to what was done on the project, so one does not what aspects of construction the company can provide to their customers. One attribute that the site does offer, that differs from the others, is a reference page. They are not testimonials but they do give the potential customer the chance to contact other customers that have used the company for their projects. All of these sites differ vastly from Darrell Julian Construction with the exception of Hart Construction’s site, that allow for competition to provide a much more attractive online experience for per sons searching for a quality contractor. One aspect of online marketing that Darrell Julian’s web site could benefit from would be content marketing. According to Laura Lake from About.com â€Å"everyone is trying to sell, but those that can inform are more likely to get sales.† (Lake, L., n.d.) Though Darrell Julian’s site does show content that supports their service as well as descriptions of what the company can offer the customer, it does not go in depth enough to show the value added when choosing Darrell Julian Construction over one of their online competitors. The site lacks the ability to attract customers with up to date posts and information about the company. It also does not offer a way for the potential customer to feel that they are being enticed to choose Darrell Julian over a similar company that may have a more contemporary picture of their overall value. The content of Jaynes Corporation’s web site offers a very appealing visual appeal as well as a multitude of opportunities to explore why hiring this company to do a job would be beneficial not only in quality but monetarily as well. The content of the web site is presented in such a manner that allows the viewer to navigate to where he or she would like to go to find relevant information. When one views Darrell Julian’s web site it is not as appealing nor is it as easy to navigate as some of their competitors. A company must stay relevant to stay in order to stay in competition with other competitors. If a site gives the viewer the sense that the content is not current, and that the company is not maintaining their web site, a  person may be inclined to go elsewhere to search. Another online marketing strategy Darrell Julian’s company would benefit from would be Web site optimization. As mentioned previously, the web site can be found when typing in the owner’s name, Darrell Julian. However, if one was to type in general construction keywords they would not be directed to Darrell Julian’s web site. Even though the title of the company does contain the word construction it would be much more beneficial to have the first word in the title be associated with the construction industry. A name like Construction Designs by Darrell Julian would allow the company a better chance of showing up on the first page of the search engines query. (Stokes, R., n.d.) Optimization brings to mind ways to perform in a more proficient manner. For Darrell Julian’s web site to be more proficient for the customer it would have to be more readily accessible. One way to make a site more available to the person conducting the search would be to have links on web site that provide related products or services. If a relationship could be made with a site that provides land that is zoned for commercial construction a customer that was looking for land to build on would also come across Mr. Julian’s web site to provide their construction needs. It is important to have positive aspects about ones company be the focus when a customer is searching for a product or service provided by a company. When Darrell Julian Construction is typed into a search the focal point of the search bring the eye directly to the web site, which is the first item on the page. However if the person searching for this particular web site scrolls down to mid page there is a link to a legal web page that brings up a law suit against the company from 1998. Though this is not a damaging claim it does bring questions to the consumer conducting the search as to whether or not they should continue to consider Darrell Julian Construction as a candidate for their business. It would be much better for the company if news like this had to be searched for instead of on the same page as the link to the site itself. One  strategy that would be useful here would to be diligent in creating enough web traffic via social media or other positive web sites that allows this information to fall back to other pages so that it is not the first thing that a customer sees. One could use sites like Squidoo, or a blog site such a sGoogle+ to create positive web traffic on a page. Even though Darrell Julian’s web site does state what the business can do for the customer, it does not fully cover how the customer will benefit by choosing Darrell Julian Construction as its contractor. One strategy that keeps such things in mind is a shift in thinking, changing the focus from and upstream approach, looking at the product, to a downstream approach, focusing on the customer. In Naraj Dawar’s Harvard Business Review article he states that â€Å"the strategic question that drives business today is not ‘What else can we make?’ but ‘What else can we do for our customers?†. (Dawar, N.,2013) Darrell Julian’s web site does a good job of talking about their expertise in panel plant construction and how that allows the company to build walls at their site and then ship them out to the build site. It does not go into great detail as to how this will benefit the customer financially as well as shorten the time line it will take to finish the product. All of these aspects of the business would be positives to a potential customer and should be brought out in more detail on the site in place that would be readily viewed by the consumer, such as the home page. With all of these strategies in mind one of the most beneficial strategies that Mr. Julian could incorporate into his web site would be the presence of social media. It seems almost everyone is on social media sites these days from grandmothers posting pictures of their grandkids to businesses marketing their product with instant customer feedback and response. From Facebook to Twitter businesses are getting the message out that their product is superior over what their competition has to offer and invite customers that have used their company to spread the word that they approve of the product or service that they received. Jaynes Corporation is a perfect example of how the construction industry can reach those customers that may not  directly search for their site by marketing on sites such as Facebook and Google Plus. One of the advantages to sites such as Facebook is that customers can reach your web site through your Facebook page, or they can link to you Facebook though your direct web page. For example, if someone had used Darrell Julian Construction for one of their projects they may like your page on Facebook. Perhaps a potential customer may be friends with this individual and come across Darrell Julian’s web page via this form of marketing. On the other hand a potential customer may be on Mr. Julian’s web site and wanting to read some testimonial of others experiences with his company so they click the link on the site and are directed to the companies Facebook page. There they will have the advantage of getting to know what type of a business they are looking into and how others felt about the service they received from Darrell Julian construction. By providing these opportunities for his customers Darrell Julian has the potential to expand his business web presence exponentially. Another social media site that could be very useful to Darrell Julian’s company would be YouTube. This site allows the user to watch video’s of particular subjects that the viewer may be interested in through a search directly on the site, or by linking to the site via ones personal web page. One way that Darrell Julian may benefit from a site such as this would be to put links to some videos of his projects as they are being constructed in real time. Customers could click on the link and watch as a project unfolds, and to see the professionalism and craftsmanship that Mr. Julian speaks of in his web site. Going back to a previous comment regarding marketing strategy, one of Darrell Julian’s trademark design aspects of the business is his panel plant design. If the links are set up correctly on the site a customer could have the opportunity to watch the panel plant process as it happens. This person would have the unique ability to visualize for themselves what the company is talking about in the site without ever having to leave the comfort of their office. There is also the testimonial piece of the marketing  strategy. YouTube could allow for videos to be posted of customers talking about the excellent service and outstanding experience they had when dealing with Darrell Julian Construction. These sites are some of the more well know social media sites that most are familiar with, however blogs offer the company an opportunity to create a place for not only direct marketing by talking about the product, but indirectly by writing about experiences and interactions with custom ers. Blogs come in many shapes and sizes, from social blogs to wikis, or podcasts. A blog can be set up easily by an individual and does not need the help of a professional to be appealing to person reading or writing in the blog. Another great attribute of the blog for the company that chooses to utilize that media is that it can be controlled. Unlike Facebook or Twitter one can set limits on who can access the blog to write comments, or give feedback. This is a safe way for a company to get the word out about their product without having to do too much damage control. Darrell Julian Construction could expand their web presence by having a blog that customers could link to through the site. This would again allow the customer to read detailed descriptions of others experiences with the company as well as get to know Mr. Julian directly through his submissions to the site. Another positive aspect of the blog is that it can take a position on the first page of a search that someone may be conducting for Darrell Julian Construction allowing for a positive search and pushing negative aspects such as the lawsuit to a later page. As a whole the online marketing plan that Darrell Julian Construction, Inc. set out to establish was a good start for the company. A web site that would market to their consumer base on the internet and allow them to stay competitive with other companies that provided similar services. When Darrell Julian set up his web site in 2007 there were many attributes to the site that would allow his company to remain competitive via the internet. On the site potential customers could find out what Darrell Julian Construction’s mission and vision is, as well as how the business operates. One can also find pictures and brief descriptions of some of the company’s  top designs. With that being said the site itself is not what some of Darrell Julian competitors has to offer their customers. One of Mr. Julian’s biggest competitors, Jaynes Corporation, offers their customer a visually appealing web site that has a multitude of high definition pictures as well as detailed description of their projects. In addition to the appeal of the web site, a customer can also link to the companies Facebook site, their Twitter site, as well as other social media sites that will allow the customer to gain better knowledge of whom they are doing business with. If Darrell Julian wants his company to stay competitive in an online environment his web site will need to be updated with more content as to why the company is viable to the potential online customer. More detailed descriptions of Darrell Julian Constructions unique panel plant and how the plant will benefit the customer would be a useful addition to the site. More interactive images and detailed descriptions of jobs will allow a customer better access to information from the comfort of their personal computer. Mr. Julian’s competition will most likely continue to update their sites as well as add content as it becomes apparent that it will help in their marketing strategy. For Mr. Julian to stay competitive his company will need to implement a plan to have someone within the company or a third party that will keep the content up-to-date and allow a competitive edge over the competition. Some of the aspects discussed above will help in allowing Mr. Julian’s company to be one of the first web sites a customer sees when they Google the word construction in Albuquerque, NM. One major change may just simply be changing the name of the site to include the actual word construction at the beginning of the name allowing the search to yield his web site by topic. These strategies that would to be implemented will allow a much better experience for the customer as well as the company as a whole. Social media is everywhere and most people are going to social media to search for products or services before they will actually visit the company’s web site. Many will stumble across a company’s web site as a  result doing other things on a social media site. Mr. Julian does have a Facebook site for his company however, there is no way to access the company’s web site from Facebook, nor is there any way to access the Facebook site from the actual web site itself. A link between these two sites would allow the customer to not only visit the web site but to utilize social media to search for a company that will fit their need. In conclusion, Darrell Julian has an online presence that allows a customer to find them if they are willing to do the research. Most do not spend that much time to find a company when there are other sites that are readily available to the customer through a search on a search engine or through a social media site. Companies continue to get a majority of their business through their advertizing and marketing on the internet, for some companies it is their single and best source of marketing. Darrell Julian Construction could maintain a strong presence on the web by making some critical changes to their site and social media interaction with the customer. Maintaining this online presence and marking their company in a professional manner could be the difference between a customer choosing Mr. Julian’s company over the competition. References Darrell Julian Construction, Inc. (2007). Retrieved from http://www.darrelljulianconstruction .com/ Lake, L. (n.d.). Top Internet Marketing Strategies for the Small Business. Retrieved from http://marketing.about.com/od/strategytutorials/a/Top-Internet-Marketing-Strategies- For-The-Small-Business.htm Stokes, R. (n.d.). eMarketing: The essential Guide to Online Marketing, v.1.0. Chapter 6: Search Engine Optimization. Retrieved from http://catalog.flatworldknowledge.com/ Bookhub/reader/19?e=fwk-105454-ch18#fwk-105454-ch06 Dawar, N. (2013). Harvard Business Review: When Marketing Is Strategy.

Affirmative action in the US - Free Essay Example

Sample details Pages: 5 Words: 1392 Downloads: 4 Date added: 2017/06/26 Category Politics Essay Type Narrative essay Level High school Tags: American Life Essay Did you like this example? Just as numerous policies adopted in the United States, affirmative action is one that has incessantly adapted to the country’s changing needs because of its flexibility. The first concrete reference to the term appeared in Kennedy’s Executive Order 10925 which pushed to take affirmative action to ensure that applicants are employed without regard to race (Sowell 124). This order’s intents were furthered by the Civil Rights Act of 1964, which prohibited discrimination more effectively and in a larger scope. In both these instances, affirmative action is seen as a means to abolish discriminatory hiring and primarily benefit African Americans in the workplace. The affirmative action that society is familiar with nowadays is a result of the Nixon administration’s established â€Å"result-oriented procedures† to incorporate larger amounts minorities and women into the workplace through target ranges rather than quotas. Over time, aff irmative action has evolved from preferential hiring by race in the workplace to prevail in higher education admissions and governmental contracting and expanding to benefits additional groups such as females and disabled persons. As a result, preferential selection has gathered much attention and been tested in Supreme Court cases across the nation, such as University of California v. Bakke and Grutter v. Bollinger, both in which it was not declared unconstitutional (Sander and Taylor). Regardless of court decisions, affirmative action remains a controversial topic that is constantly debated by the American public. Due to its success in ameliorating the situations of numerous Americans, there is a large amount of support for affirmative action that has taken form across the nation. The predominant political parties associated with this view are the Democratic and Liberal Parties. Prominent democratic politicians in concurrence with affirmative action plans include Bill Clinton a nd Jesse Jackson, both who believe the drawing back of affirmative action will result in a higher number of institutions no longer considering minorities in the application process, resulting in the re-segregation of the public and reduction of opportunities. One of the main arguments for preferential selection is that it ensures the inclusion of minorities that have been left behind in the past due to their systemic exclusion from opportunities, a belief greatly supported by African American Congressman Charles Rangel (Sowell 120). Likewise, factions supporting affirmative action state that the advantages given to minorities motivate them to become successful. Female enrollment in the workforce and in educational institutions has surpassed that of males since the extension of affirmative action programs towards their gender. The League of Women Voters and National Organization for Women have continually pushed to keep preferential hiring and acceptance for the aforementioned reason s, working to help women realize their potential and inspire them to pursue higher education and a secure job in their respective fields of preference. To add to the implements of affirmative action creating a better society, interest groups such as the American Civil Liberties Union and the National Association for the Advancement of Colored Persons take the stance that preferential hiring promotes diversity, which in turn yields a country more tolerant of variety through assimilation. With this in mind, supporters see affirmative action as an integral part of reforming the U.S. society to one free of segregation and plentiful in tolerance. Conversely, there is an opposing viewpoint which believes that affirmative action has perpetuated more harm than benefit to the American public. The Conservative and Republican parties ideologically uphold such a belief, abiding by the orthodox view that equality of results should not overwhelm the equality of opportunity as well as hold a st rong belief on the protestant work ethic. Republican politicians that have established themselves opponents of affirmative action include George W. Bush and Ward Connerly. Bush extends his views against affirmative action to the belief that quota systems are unjust as well as unconstitutional, but believes in the promotion of diversity in modern America. According to Ayres, Republican Ward Connerly expresses his belief that extending preferences on the basis of race and gender goes against Martin Luther King Jr.’s prospect of a color-blind America. Connerly is the leader of the American Civil Rights Institute, an interest group that aims to demote the effects of affirmative action in the United States (Ayres). However, there is a plurality of Liberal Democrats that take stances against affirmative actions as well, such as John Kerry and Leland Yee. They believe that affirmative action makes it so that those of a minority are equally or more likely to be accepted into institut ions than individuals of a majority who are of higher caliber. California Senator Yee took an anti-affirmative action approach after receiving a letter from Asian Americans emphasizing the negative impact that California’s Constitutional Amendment 5, one that negates the anti-affirmative Proposition 209, would yield upon them. Conservative interest groups against preferential hiring or acceptance such as the Central for Equal Opportunity claim that minorities hired with preferential treatment are more likely to be treated in a derogatory fashion in workplaces and universities (Clegg). Criticism given by their competitive colleagues causes preferentially accepted workers or students to doubt their confidence and negatively affects their performance and efforts, ultimately harming both themselves and the institutions they perform under. Individuals who choose to pursue their dreams should independently strive to accomplish what they set out to do and feel as though they were th e ones one who accomplished that goal through hard work, not through being part of a desirable minority accepted to fulfill an establishment’s quotas. Another argument proposed against affirmative action is that it essentially promotes the consideration of race and gender in a society that is aiming for equality. Although there are traces of racism lingering in the modern U.S., opponents of preferential acceptance believe that its society is no longer collectively racist and does not need affirmative action to pull the minorities back into the competition for success. IMO One of the main arguments from this point of view is that some individuals accepted into prestigious universities under the quota system receive opportunities that they are unprepared for, and thus, cause them to be inherently disadvantaged in programs with high demands. Affirmative action, in its attempts to decrease discrimination, has harmed other individuals as well as those affected by such polici es, resulting in its widely debated controversy. One divisive view of affirmative action is the need for augmentation of diversity in order to expose individuals to a heterogeneous public. To promote diversity to appeal to those who desire to end discrimination as well as appeal to those who dislike racial preference and seek to group individuals by their abilities, prestigious schools should seek partnership with those that contain higher percentages of minorities so that both groups of students in their respective schools intermingle and influence one another. With this compromise, unprepared minorities are no longer ushered into high-status environments which they are not prepared to enroll in, yet diversity is achieved through the partnership of differently composed institutions. Another possible alteration of affirmative action to minimize the political rift and find middle ground to assist those who are truly depraved is the adoption of class and background-based considerat ion in addition to that of race and gender. By promoting preferential hiring solely by race, gender, and minority status in order to reduce segregation, institutions unintentionally promote stereotypes that no longer hold true in modern times. Certain genders and races are not as exclusively disadvantaged as they are grouped to be—for example, there are ambitious well-off daughters of successful Hispanic doctors and lawyers that may apply to the same school as more academically able yet deprived sons of Asian refugee fishermen. In such a compromise, the target ranges for minorities deter the effects of segregation while increased consideration for class shifts the sole focus on race and gender to a society that is not simply divided by color, but one that believes in creating equal opportunity for its public’s well-being. Works Cited Ayres, B. Drummond, Jr. Foes of Affirmative Action Form a National Group. New York Times. Arthur Sulzberger Jr., 16 Jan. 1997. Web. 28 Sept. 2014. Clegg, Roger. Affirmative Action. Center for Equal Opportunity. Center for Equal Opportunity. Web. 28 Sept. 2014. Hutchinson, Earl Orafi. State Senator Helps Set Dangerous Precedent for Affirmative Action. Huffington Post. Huffington Post, 24 April. 2014. Web. 28 Sept. 2014. Sander, Richard, and Stuart Taylor, Jr. Mismatch. Basic Books, 2012. Print. Sowell, Thomas. Affirmative Action Around the World. New Haven: Yale University Press, 2004. Print. Don’t waste time! Our writers will create an original "Affirmative action in the US" essay for you Create order