Quand on Parle du Loup French Proverb Meaning

Quand on Parle du Loup French Proverb Meaning Articulation: Quand on parle du loup (on en voit la line) Elocution: [ka(n) to(n) parl du loo] Which means: Speak of the fallen angel (and he shows up) Strict interpretation: When you talk about the wolf (you see its tail) Register: ordinary Notes The French precept quand on parle du loup is utilized simply like the English coincidentally, when you are discussing somebody who shows up right at that point or soon after. Its fascinating that with regards to the two articulations, the discussed individual is alluded to as mean or underhandedness the demon is more awful than a wolf, obviously, however the last is as yet thought to be a savage creature. Its likewise charming that in English, the fiend shows up totally, in a manner of speaking, while in French you just observe the loups tail. By one way or another the last appears to be increasingly foreboding as though its sneaking up on you. Model Je pense que Benoã ®t est un vrai... tiens, Benoã ®tâ ! Quand on parle du loupâ ! I think Benoã ®t is a genuine... hello, Benoã ®t! Coincidentally!

Philosophical Reflections Assignment Example | Topics and Well Written Essays - 500 words

Philosophical Reflections - Assignment Example My ethical convictions follow back to what my folks instructed me when I was a youngster, subsequently the rule that I attempt to apply towards others is to do as I would be finished by; be that as it may, I need to concede that I regularly disregard this brilliant guideline of morals and act the manner in which it is advantageous for me, which later makes me embarrassed about my activities. The brilliant principle is the center of my strict morals, as religion assumes critical job in my life and I realize that it is religion that have instructed me to consider others before accomplishing something. I trust in God, since He drives me all through my whole life and perhaps now and again I don’t acknowledge it, toward the day's end I comprehend that there is some heavenly power that conveys me to where I am and guards me despite this regularly brutal world. With respect to the post-existence matter, I sincerely can’t remark on this theme, as my religion says that undoubtedly it exists; however I don’t depend on it and don’t anticipate that it should come, since I attempt to live where I am presently. Truth be told living presently is the thing that causes me to feel that my life has an importance and it is living itself. I appreciate each second of my life and this is the central matter. Nonetheless, I despite everything have long-running plans, for example, I need to make my family glad and build up success in my life. Concerning truth, I think it is relative and every single individual comprehends it in an unexpected way. In spite of the fact that I accept that I think - along these lines I exist and this is the without a doubt thing I really have faith in and almost certain it is reality. I am a free character inside the extents of the opportunity I need; I don’t need intervention in my life to feel that I’m allowed to do anything; aside from this, by and large I can settle on my own decisions thusly I’m free. Thus, one more thing that makes me free is my readiness to assume liability for my choices, as though I didn’t take it, this would imply that another person took it for me, and that

Crime Law Essay Online For Free - Free Essay Example

The approach within this assignment will firstly review the failings of both Fred Churchill (Contractors) Ltd for the unlawful depositing of waste around the city of Nottingham together with the incident which relates to Brockwell and the pollution of the river Trent. Both cases will be reviewed as under s85 of the Water Resources Act 1991 (the Act). Finally a review of mitigation circumstances with a review of sentences may be appropriate in respect of any guilty parties who could be convicted. Section 85 of the Act identifies the fact that every person not to cause or knowingly permit polluting substances1 to enter in to a controlled Water. This source is a statutory obligation and is not found in the law of tort. If a company permits an operation on his land which could give rise to pollution then a risk assessment must be completed in order not to fall foul of s85 of the Act2. Section 85 relates to the keeping of streams free from pollution for the benefit of mankind including flora and fauna. Most significant acts of pollution will arise out of agricultural, commercial or industrial activities. 1 This terminology is not identified with the 1991 Act, for terminologies relating to poisonous noxious and polluting in relation to s85 these may be located within National Rivers Authority v. Biffa Waste Services Ltd [1996] Env LR 227 DC and R v. Dovermoss [1995] Env LR 258 CA (Crim Div). 2 Express Ltd v. Environment Agency [2005] 1 WLR 223 at [24] DC The damage caused by such pollution may take years to repair and often costs for the clean up process that can run in to millions of pounds. The act of pollution may or may not be a result of negligence and can be caused by a person such as a workman, fitter in a fairly low position of the company. Brockwell is similar to the case of Empress Car Co (Abertillery) Ltd v. National Rivers Authority [1998]2a, as within Empress, the first point to emphasise is that common sense answers to questions of causation will differ according to the purpose for which the question is asked. Questions of causation often arise for the purpose of attributing responsibility to someone, for example, so as to blame him / her for something which has happened or to make him / her guilty of an offence or liable in damages. In such cases, the answer will depend upon the rule by which the responsibility is being attributed. Since Empress, s85 cases that have come before the Court of Appeal have involved other issue s rather than the causing offence, some cases have been brought to the Court of Appeal in relation to the level of fine imposed and who was actually criminally liable for the s85 breach. Therefore it is important within Brockwell to identify a suitable level of fine or imprisonment. 2a Empress Car Co (Abertillery) Ltd v. National Rivers Authority [1998] 2 WLR 350; [1998] UKHL 5; [1999] 2 AC 22; [1998] 1 All ER 481. Where Lord Hoffman gave the leading judgement of the Court in which he laid down five key guides for judges and magistrates who might be faced with determining the question of who or what had caused a water pollution incident. A diesel tank within a yard controlled by the company drained in to a nearby river. The tank was surrounded by a bund, but this protection was breached by a pipe to a drum outside the bund. When someone opened the diesel tap, fuel flowed in to the drum which overflowed causing the pollution. It was held that whether a defendant caused an escap e in to a river was not defeated by an additional intervening cause. The question was, had an act been done and did it contribute foreseeably to the escape. Acts of third parties and natural events are not defences to the strict criminal liability imposed by section 85(1) of the Act, for polluting controlled waters unless they are really exceptional events. The court discouraged too mechanical, an approach to causation. Wolf and Stanley on Environmental Law, Routledge, 5th edition, 2011, pg 148. Water Resources Act 1991 s85 S85 of the Water Resources Act 1991 (the Act) indicates Civil penalties that may assist in a more effective regulation system and this is likely to be used in areas such as illegal waste disposal. In the area of water pollution there are many grounds for assuming that the importance of criminal prosecutions is set to continue. The Environment Agency has published a detailed prosecution code3, whereas, generally the Agency issues a low level set of fines, therefore it is unusual for custodial sentences to be used. The use of custodial sentences for environmental harm applies when it is a repeated or blatant offence and where in a public place the offence is such as to subject the public to hazardous substances as in R v OBrien and Enkel4 or even community orders for polluters as in Environment Agency v UCE Ltd (Ipswich Magistrates Court June 2010)5. This gives rise to the need to consider each case on its own merit rather than using the sentencing advisory panels advice. 3 Env ironment Agency guidance for the enforcement and prosecution policy https://www.environment-agency.gov.uk/business/regulation/31851.aspx 4 R v OBrien and Enkel [2000] Env LR 156 where illegally storing waste tyres at an unlicensed site gave rise to an eight month prison sentence for OBrian. On appeal the Court of Appeal quashed the sentence as it was regarded to be too excessive. 5 Environment Agency v UCE Ltd (Ipswich Magistrates Court June 2010) in 2008, A trail of blue-black liquid in Flowton Brook and Belstead Brook, Ipswich, in a series of incidents led Environment Agency officers to an illegal waste site run by Paul Arthur Fenton. They found mixed waste and liquid waste being stored without environmental permits and signs that some waste had been burned nearby. Ipswich Magistrates Court issued a community order requiring Fenton to undertake 240 hours unpaid work and ordered him to pay  £8,000 towards Environment Agency costs for breaches of the Water Resources Act, Environmental Permitting Regulations and Environmental Protection Act. https://www.environment-agency.gov.uk/news/117824.aspx accessed June 2010. There is evidence that Brockwell were negligent in their operation through the actions of their employees and it is not uncommon for the environment agency to proceed with a prosecution for both s85(1) and 85(3) offences, on the proviso that elements of the case can be established. Within the case of Fred Churchill (Construction) there is a breach of Environmental Protection Act 19906 although not a breach of s85 of the Act, as there is insufficient evidence that the illegal dumping of the removed substance leached or could have leached in to the River Trent. Areas to be considered within the case of Brockwell Who will prosecute? The case of Brockwell will be subject to the Environment Agency (the Agency) bringing a prosecution with respect to s85(1) of the Act for a water pollution incident. Exercising its prosecutable discretion7 the Agency will likely take in to account several factors, which include the seriousness of the incident and any past polluting records from the polluter. 6 Environmental Protection Act 1990 7 Discretion to Prosecute and Judicial Review Hilson, [1993] Crim LR 739 Another area to be considered is the deterrent effect of a prosecution for both would be polluters and the actual polluter. The Environment Agencys Enforcement and Prosecution Policy8 clarifies that a prosecution will be perused when an evidence test is satisfied and that a prosecution is in the public interest. Therefore foreseeability is a relevant factor when the Agency is using its common sense to decide whether an individual caused a polluting event, as in NRA v. Wright Engineering Co. Ltd [1994]9 and Al phacell Ltd v. Woodward [1972]10. The importance as to the protection of the environment is demonstrated within Cambridge Water Co v. Eastern Counties Leather Plc. [1994]11. Therefore in the context of the Brockwell case, the common sense causation is that Brockwell caused the pollution, although it was through the act of a third party (an employee) and therefore the company is liable for a prosecution under s85(1) of the Act. Alternatively there are cases where the duty of the causation rule to take precautions to prevent loss caused by third parties as identified within Stansbie v. Troman [1948]12. The example of Stansbie demonstrates that a common sense answer to the question of causation for the purpose of attributing responsibility under the same rule without knowing such rule cannot be given. 8 Environment Agency Enforcement and Prosecution Policy (November 1998) 9 NRA v. Wright Engineering Co. Ltd [1994] 4 All ER 281 10 Alphacell Ltd v. Woodward [1972] AC 824, 847 a-b 11 Cambridge Water Co v. Eastern Counties Leather Plc. [1994] 2 AC 264, 305f 12 Stansbie v. Troman [1948] 2 KB 48 Therefore is the duty of a s85(1) prosecution includes a responsibility for acts of third parties. It is clear that the liability identified within the Act is strict and therefore it does not require mens rea in the sense of intention or negligence, the offence within this case is that of public nuisance as in Alphacell Ltd v. Woodward. Nuisance Is an interference with an occupiers use or enjoyment of land where there has been substantial injury to property or personal discomfort. This is evident within the Brockwell case, as there is evidence of death fish; this would quite possibly cause a nuisance for the local angling population and therefore should be taken in to consideration when summing up of the case is commenced. The Hoffmann Test Causation Within Empress, Lord Hoffmann attempted to encapsulate the law on causation, by providing magistrates guidance on s85 prosecutions therefore being able to forestall13 any likelihood of future appeals. The true common sense distinction14 which Lord Hoffmann made between causation and breaking the chain of causation by the defendants acts, omissions or polluting event has been applied to several cases and would be applied in this instance within the case of Brockwell. 13 Journal of Planning and Environment N Parpworth Law 2009, Who may be liable for an offence contrary to s85 of the Water Resources Act 1991 14 Empress [1998] 1 All ER 481 at 491 HL Causation The meaning causation is well defined within the House of Lords decision in Alphacell Ltd v. Woodward [1972] and within Empress Car Company (Abertillery) Ltd v. NRA [1998]. The test within the Alphacell decision relates to the simple decision on causation and requires that the defendant simply carries on with an activity which causes a pollution incident. The courts have repeatedly indicated that the notion of causing is one of common sense. The decision and subsequent judgement from Lord Hoffman in Empress will be relevant to the proceedings within this case as Lord Hoffman laid down five key guides for magistrates and judges to follow. Firstly that the court should require that the prosecution identify what the defendant has done to cause the pollution. Secondly that the prosecution need not prove that the defendants actions caused the immediate pollution, If it is then established that the defendant did do something, it is then up to the court to decide that the defe ndant did do something to cause the pollution. The defendant did something which produced a pollution event by the efforts of a third party. The decision would also take into account whether the pollution act was a normal event or something extraordinary, for example an act by a third party or by a natural event. If the matter concerned an ordinary occurrence, then a break of the chain of causation would not occur and the defendant would be liable for causing the pollution. Only abnormal or extraordinary events can break the causation chain15. The chain of causation is evident, as Brockwells employees ignored systems and procedures for the disposal of a chemical by pouring the chemical in to a sluice gate, which flowed in to the controlled water. This would indicate that the companies procedural and employee training systems were not well controlled; therefore the company is negligent within its actions. Additionally within Brockwell there appears to be no abnormal or ex traordinary events that would have caused the break of the chain of causation. Negligence Water pollution is subject to Strict Liability under Common Law, this means that it is irrelevant if the defendant intended to cause the pollution incident. Liabilities for the pollution of groundwater may give rise to an action for negligence or nuisance as in Rylands v. Fletcher LR16, where negligence arises from a failure to exercise the care demand in the circumstances, as a plaintiff must show that he is owed a duty of care, that the duty has been breached and that any harm suffered is due to the breach that the plaintiff is owed. 15 Environmental Law Wolf and Stanley, Cavendish, 4th Edition, Chapter 4 p 141 16 Rylands v. Fletcher [1868] LR 3 HL 330 [1861 73] All ER Damages may be awarded upon proof that the harm caused was foreseeable by the defendant. Negligence would be placed upon Brockwell as the employees poured the chemical in to the sluice rather than disposing of the chemical correctly as per the companys operational guidelines. Rylands Rule The rule in Rylands v. Fletcher is where the land owner is strictly liable for the consequences of escapes from his property and where the land owner is engaged in a non-natural use of his land. Discussion of how the three points within Rylands apply in cases involving water pollution may be found in the land mark decision of the House of Lords in Cambridge Water Co Ltd v. Eastern Counties Leather Plc [1994]16a. This case is likely to have significant impacts in the future development of the law in this area for some considerable time and would be considered within the case of Brockwell. Acts of third parties including vicarious liability There is a well established principle within the law of tort that an employer is vicariously liable for the omissions or acts of his / her employees which is committed during the course of their employment. 16aCambridge Water Co Ltd v. Eastern Counties Leather Plc [1994] 2AC 64 Within a criminal context vicarious liability may be found and where it does exist it will be identifiable through the words of an offence creating provision. As within s85 (1) of the Act vicarious criminal liability can be imposed, although the Act does not expressly impose vicarious liability, as in National River Authority v. Alfred McAlpine Homes East Ltd[1994]17. In the event of substances that escape and pollute controlled waters from a companys premises, the company cannot escape a conviction for causing a water pollution event by blaming one of its employees who was the cause of the pollution (on proviso that the employee was acting within the terms of their employment something that will b e raised within the BP oil spill within the Gulf of Mexico). Criminal offences may be divided in to those that require full mens rea and that of strict liability. The definition of strict liability offences is where mens rea is not required in relation to one or even more elements of actus reus. The defendant company will be held vicarious liable for the acts and omissions from its employees, as identified within NRA v. McAlpine Homes East Ltd [1994], where it was identified that it is not necessary for the prosecution to prove that the managers who control the company were directly involved in the incident. 17 National River Authority v. Alfred McAlpine Homes East Ltd[1994] 4 All ER 286 QBD Knowingly permitting It is accepted that it is necessary to prove knowledge as to the circumstances of actus reus. S85(1) and s85(3) of the Act identify offences where actions of companies knowingly permitted pollution to controlled waterways. Liability for a companys knowledge of knowingly permitting is identified within the Act yet it still fails to prevent the action. As it is necessary to establish that the defendant knew about the water pollution, this offence is not an offence of strict liability as identified within Schulmans Inc v. NRA [1993]18. The case Price v. Cormack [1975]19 offers a useful insight into an offence of knowingly permitting. Discharge S 85 (3) of the Act identifies the term of discharge the identification is more restricted than that of the identification of the entry20 term. The terminology discharge is identifiable with the entry into controlled water by way of means of a pipe, channel or conduit, a substance that pollutes such a water course. It is not known as if Brockwell holds a discharge consent order, if they had then the subsequent pouring of the chemical in to the sluice would have constituted a breach of such an order which would constitute a breach of strict liability. 18 Schulmans Inc v. NRA [1993] Env LR Div 19 Price v. Cormack [1975] 1 WLR 988 20 Entry is identified within s85(1) and refers to a wide range of scenarios in which polling matter enters controlled waters. The term covers situations where polluting matter is deliberately introduced within controlled water. Each occasion a breach is identified a s85(6) offence is committed, although if the breach is minor then the Environ ment Agency is unlikely to prosecute as in Seven Trent Water Authority v. Express Foods Group Ltd [1988]21. Mitigating circumstances Whilst it is evident that Brockwell did in fact cause a pollution event in to a controlled waterway, the fact remains that the employees who created the pollution act for the company have been identified and corrective actions have been initiated. These facts should be considered when sentencing is summed up. If this was the first pollution case for Brockwell, then sentencing should reflect this on off incident. Although if this a subsequent case, then sentencing should reflect a continual failing to control polluting substances therefore issuing a stiffer penalty not exceeding the sentencing guidelines as in s85(6 a,b)22 similar to Robertson v. Dean Foods Ltd Sheriff Court (Tayside, Central and Fife) (Kirkcaldy) [2010]23, a small price for polluting the environment. 21 Severn Trent Water Authority v. Express Foods Group Ltd [1988] 22 On a summary conviction, which is either imprisonment for a term not exceeding three months, or a fine not exceeding  £20,000 or both, wit h the term of imprisonment not exceeding two years. 23 Robertson v. Dean Foods Ltd Sheriff Court (Tayside, Central and Fife) (Kirkcaldy) [2010] GWD 8-139. SEPA officers were alerted to a problem following a call on 19 July 2008 to SEPAs 24 hour pollution hotline, and on attending the officers saw dead fish, including trout, eels, minnows and sticklebacks. The source was narrowed down to a discharge point downstream of Redford Bridge. These deaths may have affected fish stocks for some time, as mature sea trout that would have spawned in the autumn were killed, having an impact far wider than the number of dead fish seen at the time. The exact charge D pled guilty to was on a controlled activity, namely an activity liable to cause pollution of the water environment in that he did discharge chicken slurry into the surface drain at Sheep Pens via the railway drain without the authority of an authorisation under the after-mentioned Regulations; contrary to the Water Environment (Controlled Activities) (Scotland) Regulations 2005 Regulation 5 and 40(1)(a) and the Water Environment and Water Services (Scotland) Act 2003 Section 20(3)(a). D was fined  £3,750 Sentencing The area of criminal litigation within the field of environmental litigation is ready for a review24 as the case of Environment Agency v UCE Ltd [2010] where 240 hours of community order were issued and a fine of  £8,000. Even from this case there is evidence that we are still using an antiquated 19th century legal system rather than a 21st century one25. At present any fines which are raised against a defendant go directly in to the treasury and not back in to the benefit of the environment. As indicated by the UCE case fines are small and sentences even smaller. Similarly within R V. Milford Haven Port Authority [2000]26 where Lord Bingham LJ did not feel that he could do more than draw attention to the factors which were relevant to sentence. Within R. v. Anglian Water Services Ltd27 a case where pollutants killed fish where as a river was polluted over two kilometres and serious damage was done to the wildlife and fish that lived in it. The case had been committed to th e Crown Court due to the magistrates declining jurisdiction. 24 Environmental Law, D, Hughes, T, Jewell, N, Parpworth, P, Prez, Butterworths, 4th Edition 2002 p 48 25 Environmental Law, D, Hughes, et al p 48 26 R v. Milford Haven Port Authority [2000] JPL 943 27 R. v Anglian Water Services Ltd Court of Appeal [2003] EWCA Crim 2243; [2004] 1 Cr. App. R. (S.) 62; [2004] Env. L.R. 10; [2004] J.P.L. 458; (2003) 147 S.J.L.B. 993; Times, August 18, 2003; The court had found that Anglian Water was grossly irresponsible in its failure to have a safety system in operation. Anglian water contested that the Act was not a criminal one since s85(3) did not require mens rea. Interestingly Anglian water submitted that there was no causative culpability and that a high fine would impact upon investment. It was held by the court allowing the appeal that the original fine was manifestly excessive for a single offence and was reduced to  £60,000. The offence was a strict liability offence whereas cases had to be considered on their merits. Anglian water had acted promptly to limit the damage and made sure measures were taken to prevent a recurrence. Additionally Anglian Water had pleaded guilty and there was no question of Anglian Water having deliberately cut corners to save costs. However, the fine had to be at a level to make an impact on the company to overcome any suggestions that it was cheaper to pay fines than undertake any work that was necessary to prevent the offence in the first place. In this case the magistrates appeared to have been correct to refuse jurisdiction and they should always do so if they thought an offence under s 85 may warrant a fine in excess of  £20,000. Conclusion If the object of Criminal Law is to prevent the occurrence of damaging actions which affect society, then it would be non productive for the Courts to turn a blind eye to cases which are caused by accidents, carelessness or negligence. The question of motivation of Brockwells employees is in the first instance, irrelevant28. Brockwells management admitted liability for the acts of its employees and by using the Anglian Water case against the scenario of Brockwell there would appear to be a similarity. Brockwell indicated admittance to their act, the question would be as to what size is the polluting company and therefore how large would the fine be. Taking in to account the Anglia Water case it would appear that the amount could be not in excess of  £20,000 and more within the region of around  £3,000 to  £5,000. Within the case of Fred Churchill (Construction) as previously mentioned there is a breach of Environmental Protection Act 1990 and not a breach of s85 of the Act. Within the information provided there is insufficient evidence that the illegal dumping of the removed substance leached or could have leached in to the River Trent. 28 B Wootton, Crime and Criminal Law 2nd Edition, London, Sweet and Maxwell 1981 at 47 Therefore with respect to the Act, there would be no case to bring against Churchill (Construction). Will it ever be satisfactory for environmental law to be dependable on guidelines developed for another area of law29? 29 Wasa International Insurance Co Ltd v. Lexington Insurance Co [2009] HL 40

The Downfall Of Positive Psychology - 1654 Words

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Thinking Like A Genius, And The Similarity Of Creative...

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Economic analysis of Apple Inc. free essay sample

The primary purpose of this report is to execute an economic analysis on Apple Inc. We will review the impacts that the competitive market has had on Apple, since it was founded in 1976. This report will detail how Apple Inc. is both a dire example of the adverse effects of monopolistic competition on a company as other companies into the market; as well as an exceptional example the economic rewards yielded by innovation and brand differentiation within a competitive market. An analysis of Apple Inc would be incomplete without reviewing its past and present competitors. Reviewing these competitors will help the reviewer gain insight into comparative advantages held by other companies and the economic impact this has had on Apple Inc. this report will review the industry as a whole in order to understand the impacts of industry level supply and demand upon Apple Inc. The report will briefly examine the impact of market prices and international trade as an aspect of this report. More importantly, it will review specialization is  undertaken by Apple Inc and the economic benefits gained by this course of action. Essentially, the economic view of Apple Inc is looking a company set within the market structure of monopolistic competition and how it has successfully used innovation and branding to turn itself into a pseudo-oligopoly despite competitors continually entering the market. Industry analysis Reviewing Apple Inc involves investigating the competitors that almost led to the demise of Apple Computers Inc in 1996, as well as understanding how current competition is allowing Apple Inc to dominate its niche market. In truth, international trade is more of an aspect of the computing industry than a contributing factor. Only the smallest company would fail to market their products internationally. Personal computing is one of the most significant contributors to employing labor abroad because of production costs. Constant technological advancements drive ever-increasing productivity in this industry. Efficiency and output are as a result ever changing the better. Personal computers Apple Inc continues to produce innovative personal computers. As detailed in the following section on Apple computers, the demand for Apple computers has been diminished by the limitations Apple has on complimentary products. Dell and Hewlett-Packard are the primary competitors in the personal computer market. Both of these companies are substantially larger and offer substitute products that are highly sought after due to the compatibility. Dell made significant inroads by offering easily accessible custom-built personal computers over the phone and online (they overshot the former PC manufacturer giant and have more than double the sales of Apple). This gave them a comparative advantage at the time. Hewlett-Packards advantage (almost five times the annual sales) stems from the market share they have gained by providing their products to corporations. The way Apple creates its market share is by creating product differentiation from these other computer manufacturers within the monopolistic competition market structure. This innovation and brand differentiation of the sole drivers behind the demand for Apples personal computers. As per normal with the demand curve, Apple would be able to sell more if they lowered their prices, thus sliding  right on the demand curve to a lower price and a higher quantity. However, such action would not be profitable for Apple as it has a lower profit margin on the personal computers. (Apple Inc 2006 Financial Statements) Computer software In the simplest terms, Apples market share in computer software is limited by two factors. Apple simply lacks the relative size and market share to threaten the near monopoly created by Microsoft (the near-monopoly is evident when you see that Microsoft consistently has a 20 to 30% net profit margin annually). Secondly, Apple software is limited to its own personal computers. Thereby, its lack of market share in the personal computer market as detailed above limits much of its software sales. That being said, Apple has a distinct niche market when it comes to multimedia software. Typically, individuals working in the multimedia industry (or in education) or having a hobby pertaining to multimedia specifically seek out Apples software (even if it requires the procurement of an Apple personal computer). This demand is fundamental to the current and ongoing success in computer software market. iPod and iTunes Since its launch in 2001, the iPod has dominated the personal music market internationally. Regular updates have driven continued demand for the product line. This innovation has made consumers with adequate cash unwilling to seek substitutes. Nonetheless, due to growing market demand more companies are entering the personal music device market they simply tend to vie more with each other than with Apple. The typical iPod consumer replaces their iPod with another iPod. This shows how relatively inelastic the demand for iPod is; after all, all the competitors entering the market of bringing the equilibrium markets price of these devices down. Apples innovation does not stop with the iPod, the iTunes service has also undergone constant updates, improvements, and innovations; and thus setting apart from its competitors. In 2006, fifty percent of Apple sales came from the music related products. While companies such as Dell and Napster have attempted to provide some of the supply to the iTunes demand curve, they have not successfully created a substitute for this market, and have thus been unable to steal market share from Apple. There is one distinct  differentiation between iPod and iTunes in that the iTunes market is substantially more elastic. Consumers have driven many of the prices iTunes towards market equilibrium to the other companies with substitute offerings. Company analysis Apple Inc could be considered to have had two life cycles. First as the leading edge personal computer manufacturer it once was, and secondly as the dominant force of personal portable music that it is today. Each of these two cycles carry with it great economic value in being able to recommend future economic actions for Apple Inc to take in order to prosper in today and tomorrows economic markets. Apple Computers Inc The transition from Apple Computers Inc to Apple Inc is significant. It is an exceptional example of what can happen to a company that fails to have a comparative advantage or even meet industry standards within their market. Apple Computers was originally established to fulfill market demand for personal computers. Figure 1a demonstrates how the increase in demand created a shortage in the market for personal computers. Suppliers were initially slow to respond to the increase in market demand. Some felt that the increased demand was temporary and did not choose to pursue the market opportunity. However, a number of companies chose to enter into the market to fulfill the need. Figure1b demonstrates how the increased demand being met by increased supply initially led to increased prices. However, the influx of additional suppliers drove the figure 1b supply curve to the right causing a return to the initial market equilibrium price. In the computer market however, and additional impetus occurred driving the supply curve even further to the right. Not only did additional suppliers enter the market, technology advances increased the output that each supplier could produce using their inputs. This led to an substantial increase in the supply of personal computers as well as a drop in overall market prices. As we can see in figure 1c the market was ultimately provided with a substantially higher quantity of personal computers as demanded by the market by the lower price. Consumer demand is always an inverse relationship between price and quantity, as typically consumers would prefer more normal goods as the price decreases. However, it is important to realize that the  playing field was not equal for Apple Computers Inc. Their initial branding created by unique and technologically advanced offerings was quickly eroded as time passed and other manufacturers gained a comparative advantage by offering products they had more compatible economic compliments (such as Microsoft, printers, and other peripherals) as offered by the increasing number of software and peripheral suppliers. Failing to have the compliments offered by other computer suppliers would lead to significant reduction in quantity demanded of their products, as consumers chose personal computers substitutes offered by other manufacturers that were more compatible with the ever-increasing offering of complimentary add-ons and software. Apple Inc have stated before, Apple Inc continues to produce innovative personal computers. However, fifty percent of Apples 2006 sales were music related products. There is no doubt that this is where Apples comparative and competitive advantage in the market lays. In fact, the name iPod has become synonymous with a personal music player. Although the manufacturer of personal music players is considered monopolistic competition due to the number of firms and the differentiation of products, Apple has created a pseudo-oligopoly for itself by being able to create a service offering (i.e. iPod) that is in such high demand, and is considered by consumers to be so unique and innovative that the price is set more by Apple then by the market. While other manufacturers continue to produce personal music players in higher quantities and lower prices, the Apple iPod has not been subject to this price reduction. T he iPod line is therefore relatively price inelastic (up to a point), as consumers typically will not accept substitutes despite the fact no competitor offers a product as expensive as the iPod. Innovation Apple creates a substantial amount of the demand for its products through innovation. Not only did they embrace updating the product line, they are also renowned for tapping into human capital to facilitate their innovation. This allows them to constantly be innovative unlike many companies that need to specifically purchase innovation developed by smaller companies. They also create substantial efficiencies by hiring people that are the best in their fields. This can be evidenced in the 2006 growth: with 25% growth in  human capital Apple managed to achieve a 49% growth in net income despite only a 38% growth in sales. This shows how the efficiency and innovation have also help facilitate their economic profitability by bringing down their average total cost. Profitability The loyal consumer base helps Apple maximize their profits. Typically, in monopolistic competition, companies have to accept the price set by the market. However, due to brand differentiation and relatively inelastic consumer demand, Apple is not forced to set their output to win their marginal revenue equals their marginal cost. There are currently in the short run position of being able to generate economic profits. They are allowed to set their price and the level whereby average total cast at their output level is lower than the marginal cost and marginal revenue. Without this brand differentiation, they would be forced to drop their prices to zero economic profit, by producing only to where the price level marginal costs an average total costs were equal. Apple also uses price discrimination to help its bottom line. Ten percent of its 2006 revenues came from the education field. Apple not only offers products specifically geared towards educational institutions, it also offers them much of its product line at reduced prices. This is always been a productive and profitable area for Apple. However, companies such as Dell are beginning to erode this market for Apple. If Apple continues its price discrimination along with unique product offerings it may be able to hold onto this profitable area. However as other companies enter into this market it may no longer be profitable for them to continue with these practices. Profitability will begin to erode as other companies with suitable substitute products enter into the market dropping Apples economic profits. There is a clear distinction between competitors was simply enter the market versus those that enter the market and offer a suitable substitute. Until a suitable substitute for the iPod product line is brought to the market, Apple will continue to be able to drive their prices higher than the market equilibrium their competitors are being forced to accept. The only way they can continue to maintain their short run economic profitability is by continuing to drive their innovation such that the demand for their products tends towards being less elastic thereby allowing them to someone inflate  their prices and thus increase the short run economic profitability. Recommendations Moving forward Apple Inc should embrace that which has made it successful today, while paying heed to the lessons it learned in the past. Personal computing  Apple has found great success creating in niche market with its innovation this makes them hard to find an exact substitute for when consumers seek out their brand’s innovations. Conversely, they have also failed to gain significant market share due to the comparative advantage held by the competitors owing to the fact that they lack the interoperability with other computing compliments most notably Microsoft, which dominates the personal computing world with an almost monopoly like hold. Moving forward, I would recommend that Apple continue to find integration points with existing hardware compliments (such as printers and other peripheral devices) as well as developing a computer line there is able to run the Microsoft line of software. They need to do this without compromising the technology and innovation that has set them apart to date. In order to do this, I believe that it is vital that not all of the Apple products switch to using the Microsoft operating system. Ideally, the Macintosh operating system should be enhanced to support of the Microsoft office suite without Apple actually switching to the Microsoft operating system. Conclusions Apple is definitely headed in the right direction with its focus on its economically key profit generators. The expansion of the retail shops has proven in winning strategy, and moving forward will be crucial in creating market demand for the Apple line of products. Apple has already started making strides towards interoperability. Since 2005, they have begun working with Intel in order to create a more standardized platform that would allow for greater utilization of available personal computer compliments. They need to continue working on this while retaining their innovative design standard, as this set them apart and creates demand for their products. Already the market share in profitability of other personal computer suppliers is waning. If Apple and create an opportunity for itself it will create specific demand for its products. It has to do this before the  decline of the primary competitors in this market, or other suppliers will step up and fulfill current market demand thereby usurping the place that Apple is striving to fill in the market. Finally, Apple will continue to build upon their unprecedented success in the personal portable music market. They need to continue to develop and expand their line. New, innovative, original and unique iPod and iTunes offerings will continue to draw in consumers. Competition will continue to grow stiffer is more suppliers attempt to grab part of Apples $9,561,000,000 music related pie. Innovation and brand differentiation will be the only way to maintain their market share. With these three focuses, Apple is poised to remain in market leader in coming years.

Internet Tech Essays - Internet, New Media, Scientific Revolution

Internet Tech The Internet links people together via computer terminals and telephone lines (and in some cases wireless radio connections) in a web of networks and shared software. This allows users to communicate with one another wherever they are in the "net." This Internet link began as the United States military project Agency Network Advanced Research (ARPANET) during the Vietnam War in 1969. It was developed by the United States Department of Defense's (DOD) research people in conjunction with various contractors and universities to investigate the probability of a communication network that could survive a nuclear attack. For the first decade that the Internet was in existence, it was primarily used to facilitate electronic mail, support on line discussion groups, allow access to distant databases, and support the transfer of files between government agencies, companies and universities. Today over 15 million people in the United States and approximately 25 million people worldwide access the Internet regularly, including children. Many parents believe that depriving their children of the opportunity to learn computer skills and access the knowledge available on the Internet would give them a distinct technological disadvantage as they enter the twenty first century. Portelli and Mead state by the year 2002, the reported number of children who access the Internet from home is projected to increase from the current 10 million to 20 million (6). In addition to home access, Poretelli and Meads further stated that as of 1997 the percentage of United States schools that offered Internet access as a part of their regular curriculum was over sixty percent. There were over nine thousand public libraries across America in 1997, sixty percent of these offered on-line access to its users (7). In view of this information, one can concluded that the on-line percentage for both schools and libraries has increased notably since 1997 and the number continues to grow as more of these facilities "plug in and log on." Whether at home, at school, or at the public library, children are accessing the Internet. The word "children" is somewhat ambiguous considering the range of ages that it encompasses. For instance, eighteen is the normally accepted age at which a child reaches legal adulthood; therefore, "children" would refer to any age between birth and seventeen. Porterfield stated that a study conducted in 1997 by Gateway 2000, a leading computer manufacturer, concluded that most children Internet access and computer skills typically commence with their school work. Although in some cases it may be earlier and in some later, the typical age at which a child begins to learn computer skills are kindergarten age, or age five. For example at the Children Television Work Shop website, a young child can click on a query and in a few days an E-mail arrives. For the purpose of this analysis, the broad word"children" will be condensed to contain two age groups -- elementary level, ages' 5-12, and secondary level, ages' 13-18. At either level, the World Wide Web poses clear dangers to children. These children grow up enlightened with technology, which they take for granted and know exactly how to use it. Most parents are not conscious of what lies behind that innocuous screen. If you give one's child carte blanche use of a computer attached to a modem, it is as serious as handing a ten-year-old the car keys and telling them to have a good time. These "cyberchildren" are vulnerable to potential dangers as a result of Internet use. These perils include contact with dangerous individuals, exposure to sexually suggestive materials, exposure to explicit conversations and obscenity in chat rooms, and access to violent interactive games. One very dangerous downside to Internet communication is its potential for the telling of untruths. One can never be certain at any given time to whom one is talking or if the conversation is sincere and truthful. Clothier state that a recent issue of Yahoo! Internet Live reported that almost half of the Internet users they had questioned lied occasionally while on-line and ten percent were untruthful fifty percent of the time (2). Asch state that Gateway Global Research surveyed six hundred families in the spring of 1998. This research revealed that seventeen percent of elementary and middle school children lied about their age, or sex while chatting on-line (E1). This fibbing among peers is not where the danger lies. The real peril exists in those other, older individuals who purposefully lie with the intent to harm. Parents can no longer assume their children are safe because they are at home and the door is locked.