Exhaustion Online with regard to Database in the EU

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

A Case Sajjan Singh V State of Rajasthan

————————————————- Top of Form | | MANU/SC/8083/2008Equivalent Citation:  AIR2009SC84, JT2008(11)SC150, 2008(4)KLT306(SC), (2009)3MLJ929(SC), (2008)41OCR708, 2008(13)SCALE76, (2008)13SCC518IN THE SUPREME COURT OF INDIAWrit Petition (C) No. 369 of 2008Decided On:  29. 09. 2008Appellants:  Baby Manji Yamada Vs. Respondent:  Union of India (UOI) and Anr. Hon'ble Judges: Dr. Arijit Pasayat  and  Mukundakam Sharma  , JJ. Subject:  CivilCatch WordsMentioned INActs/Rules/Orders:   Commission for Protection of Child Rights Act, 2005 – Section 13;  Constitution of India – Article 32Case Note: Constitution Rights of child Article 32 of the Constitution of India, 1950 (Constitution) Commissions for Protection of Child Rights Act, 2005 (CPCRA) Petition filed u/a 32, Constitution against directions of High Court by grandmother of appellant Held, constitution of National and state commissions for protection of child rights and children courts for providing speedy justice in offences against children and related matters provided under CPCRA No complaint made by anybody relating to child Direction given to any aggrieved person to approach Commission constituted under CPCRA Writ petition disposed ofRatio Decidendi:   Commission constituted under CPCRA has right to inquire into complaints or take action suo motu notice relating to violation of child rights and development of children and pro vide relief in such matters with appropriate authorities. JUDGMENTArijit Pasayat, J. 1. This petition under Article  32  of the Constitution of India, 1950 (hereinafter for short ‘the Constitution') raises some important questions. 2. Essentially challenge is to certain directions given by a Division Bench of the Rajasthan High Court relating to production/custody of a child Manji Yamada. Emiko Yamada, claiming to be grandmother of the child, has filed this petition. The Writ Petition before the Rajasthan High Court was filed by M/s. SATYA, stated to be an NG0, the opposite party No. 3 in this petition. The D. B. Habeas Corpus Writ Petition No. 7829 of 2008 was filed by M/s. SATYA wherein the Union of India through Ministry of Home Affairs, State of Rajasthan through the Principal Secretary, The Director General of Police, Government of Rajasthan and the Superintendent of Police Jaipur City (East), Jaipur were made the parties. There is no dispute about Baby Manji Yamada having been given birth by a surrogate mother. It is stated that the biological parents Dr. Yuki Yamada and Dr. Ikufumi Yamada came to India in 2007 and had chosen a surrogate mother in Anand, Gujarat and a surrogacy agreement was entered into between the biological father and biological mother on one side and the surrogate mother on the other side. It appears from some of the statements made that there were matrimonial discords between the biological parents. The child was born on 25th July, 2008. On 3rd August, 2008 the child was moved to Arya Hospital in Jaipur following a law and order situation in Gujarat and she was being provided with much needed care including being breastfed by a woman. It is stated by the petitioner that the genetic father Dr. Ifukumi Yamada had to return to Japan due to expiration of his visa. It is also stated that the Municipality at Anand has issued a Birth Certificate indicating the name of the genetic father. 3. Stand of respondent No. 3 was that there is no law governing surrogation in India and in the name of surrogation lot of irregularities are being committed. According to it, in the name of surrogacy a money making racket is being perpetuated. It is also the stand of the said respondent that the Union of India should enforce stringent laws relating to surrogacy. The present petitioner has questioned the locus standi of respondent No. 3 to file a habeas corpus petition. It is pointed out that though custody of the child was being asked for but there was not even an indication as to in whose alleged illegal custody the child was. It is stated that though the petition before the High Court was styled as a â€Å"Public Interest Litigation† there was no element of public interest involved. Learned Counsel for respondent No. 3 with reference to the counter- affidavit filed in this Court had highlighted certain aspects relating to surrogacy. The learned Solicitor General has taken exception to certain statements made in the said counter affidavit and has submitted that the petition before the High Court was not in good faith and was certainly not in public interest. 4. We need not go into the locus standi of respondent No. 3 and/or whether bonafides are involved or not. It is to be noted that the Commissions For Protection of Child Rights Act, 2005 (hereinafter for short ‘the Act') has been enacted for the constitution of a National Commission and State Commissions for protection of child rights and children's courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto. Section  13  which appears in Chapter III of the Act is of considerable importance. The same reads as follows:13. Functions of Commission. 1) The Commission shall perform all or any of the following functions, namely:(a) examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation;(b) present to the Central Government, annually and at such other intervals, as the Commission may deem fit, reports upon the working of those safeguards;(c) inquire into violation of child rights and recommend initiation of proceedings in such cases;(d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures. e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures;(f) s tudy treaties and other international instruments and undertake periodical review of existing policies, programmes and other activities on child rights and make recommendations for their effective implementation in the best interest of children;(g) Undertake and promote research in the field of child rights;(h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;(i) inspect or cause to be inspected any juvenile custodial home, or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority, including any institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;(j) inquire into c omplaints and take suo otu notice of matters relating to, -(i) deprivation and violation of child rights;(ii) non-implementation of laws providing for protection and development of children;(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities; and(k) such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above functions2) The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. 5. Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child she will not raise but hand over to a contracted party. She may be the child's genetic mother (the more traditional form for surrogacy) or she may be, as a gestational carrier, carry the pregnancy to delivery after having been implanted with an embryo. In some cases surrogacy is the only available option for parents who wish to have a child that is biologically related to them. The word â€Å"surrogate†, from Latin â€Å"subrogare†, means â€Å"appointed to act in the place of†. The intended parent(s) is the individual or couple who intends to rear the child after its birth. 6. In â€Å"traditional surrogacy† (also known as the Straight method) the surrogate is pregnant with her own biological child, but this child was conceived with the intention of relinquishing the child to be raised by others; by the biological father and possibly his spouse or partner, either male or female. The child may be conceived via home artificial insemination using fresh of frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intra cervical insemination) which is performed at a fertility clinic. ‘7. In â€Å"gestational surrogacy† (also know as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother. She may have made an arrangement to relinquish it to the biological mother or father to raise, or to a parent who is themselves unrelated to the child (e. g. because the child was conceived using egg donation, germ donation or is the result of a donated embryo). The surrogate mother may be called the gestational carrier. 8. â€Å"Altruistic surrogacy† is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses). 9. â€Å"Commercial surrogacy† is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by well off infertile couples who can afford the cost involved or people who save and borrow in order to complete their dream of being parents. This medical procedure is legal in several countries including in India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. Commercial surrogacy is sometimes referred to by the emotionally charged and potentially offensive terms â€Å"wombs for rent†, â€Å"outsourced pregnancies† or â€Å"baby farms†. 10. Intended parents may arrange a surrogate pregnancy because a woman who intends to parent is infertile in such a way that she cannot carry a pregnancy to term. Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a healthy condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy. 11. Alternatively, the intended parent may be a single male or a male homosexual couple. 12. Surrogates may be relatives, friends, or previous strangers. Many surrogate arrangements are made through agencies that help match up intended parents with women who want to be surrogates for a fee. The agencies often help manage the complex medical and legal aspects involved. Surrogacy arrangements can also be made independently. In compensated surrogacies the amount a surrogate receives varies widely from almost nothing above expenses to over $ 30,000. Careful screening is needed to assure their health as the gestational carrier incurs potential obstetrical risks. 13. In the present case, if any action is to be taken that has to be taken by the Commission. It has a right to inquire into complaints and even to take suo motu notice of matters relating to, (i) deprivation and violation of child rights (ii) non-implementation of laws providing for protection and development of children and (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities. 14. It appears that till now no complaint has been made by anybody relating to the child, the petitioner in this Court. 15. We, therefore, dispose of this writ petition with a direction that if any person has any grievance, the same can be ventilated before the Commission constituted under the Act. It needs no emphasis that the Commission has to take into account various aspects necessary to be taken note of. 16. Another grievance of the petitioner is that the permission to travel so far as the child is concerned including issuance of a Passport is under consideration of the Central Government; but no orders have been passed in that regard. The other prayer in the petition is with regard to an extension of the visa of the grandmother of the child requesting for such an order. 17. Learned Solicitor General, on instructions, stated that if a comprehensive application, as required under law, is filed within a week, the same shall be disposed of expeditiously and not later than four weeks from the date of receipt of such application. If the petitioner has any grievance in relation to the order to be passed by the Central Government, such remedy, as is available in law may be availed. 18. The writ petition is accordingly disposed of without any order as to costs. All proceedings pending in any High Court relating to the matter which we have dealt with in this petition shall stand disposed of because of this order.  © Manupatra Information Solutions Pvt. Ltd. | | | Bottom of Form

Crt Monitors and Active and Passive Matrix Displays

CRT MONITORS AND ACTIVE AND PASSIVE MATRIX DISPLAYS The texts â€Å"CRT Monitors† and â€Å"Active and Passive Matrix Displays† gives us the necessary basic knowledge about the types of monitors. Most desktop computer systems sold now by default come with LCD monitors. But if you are one of those who want to know the difference between CRT and LCD monitors, these texts are immense help. To start with, a CRT monitor in general is nothing more than cathode ray tube with millions of diminutive red, green and blue phosphor dots.The working principle of CRT monitor is sustained by the theory of electron beam traveling across the tube to the area of deflection system where the beam is given direction to a specific pixel on the screen. The first CRT monitor has been invented in 1970s. However, monitor was greenish and the only possible sphere of usability was text-based computers. On the other hand, it was just a start. In 1987 when the VGA display system was invented and CRT monitors took a step into the astonishing success and recognition. As years went by, new technology of monitors was invented.These were an active and passive matrix display technology using monitors. First of all, these monitors were different from CRT because of the new thin film transistor technology. It was that kind of technology where particular row was switched on and a charge was generated and sent down the column. As result, the pixel appeared on the monitor at the intersect place of the row and the column. Moreover, it was a revolution in making computers portable. To sum up, it is essential to mention that technologies are not staying fixedly so it is natural that one technique displaces other as time goes by. 285 words

Personal Narrative Dreams A Dream As A Dream - 1201 Words

Looking back on that night, it seems more like a dream than a reality. And yet, it must have been real. Dreams dont feel that real. Plus, I still have his flower... Let me explain: It was the night of the school dance, and I was furious. Why? Because not a single one of the stupid guys in my stupid class had asked me to the dance. Which was totally unfair. Most of the girls here were vacuous ignoramuses whos entire existence was comprised of whining about things that didnt matter and no one cared about and talking about which guys were cuter. And me, the only reasonably smart girl in class who actually knew anything? I didnt have a date. Not that I liked any of the guys here, but they could have at least had the decency to ask me.†¦show more content†¦This time as I stood up and walked to the door with a lot more caution. Then I opened the door as little as possible and slipped outside into the cool night air. A couple of deep breaths later I was sitting with my back against one of the trees planted outside our gymnasium, which was currently our dance hall, staring up at the sky. The night was gorgeous. Stars were everywhere in the vast welkin (I loved that word), more than Id ever seen before. Most of the life I could remember had been spent in the city, where the sky was nothing but black on nights. When Id moved here last winter, the thousands of little lights that appeared every night had enchanted me. They were quite possibly the only good thing about moving to Eastside. Back at home Id had good friends, things to do, places I could go. Here me and my dad were replacing a loved family that had moved away because their oldest daughter had died here and they couldnt bear the place anymore. So people thought of us as uncaring and rude because wed replaced them. Because dad had finally gotten together enough money to buy a house in the country. That had been his and moms dream. Needless to say, we werent very popular. Some of the girls were nice, but they made certain I knew it was only out of a sense of duty, not because they liked me. And eventually, when I didnt encourage their stupid, fake conversation or try and fit into their cliques, I was branded as weird andShow MoreRelatedDream Analysis: Personal Narrative973 Words   |  4 Pages â€Å"Such are the familiar dreams of falling from a height, of teeth falling out, of flying and of embarrassment of being naked† (Freud 69). These dreams that we experience, are believed to be representations of our desires or fears, according to Freudian ideology. Sigmund Freud also believed that there existed a structural model for our personalities that consisted of the id, ego, and superego. He held the idea that the id was an instinctual drive that relied upon the pleasure principle. ConverselyRead MorePersonal Narrative : Discovering The Dream1177 Words   |  5 PagesDiscovering the Dream Everyone has a passion or dream that they would give anything to accomplish. I have a passion and an unstoppable drive help people. I am also a very social persona and talk to just about everyone the crosses my path. These two characteristics pretty much set the stage for my decision and give me an advantage in pursuing this career. 1.Those are my reasons for pursuing physical therapy and will serve as my fuel until I reach my goal. In order to be a physical therapist youRead MorePersonal Narrative : Palate Dreams 1017 Words   |  5 PagesTownMonJennie ‘Palate Dreams’ From the time I remember, I wanted to be an artist, Jinine Slots, the artist. I wanted to paint the world with all the colors that could have existed in the palate where I made shades. So I always worked in that direction. But there is a thing called talent. Well, it’s a fact that hard work kick ass of talent everyday and in so many spheres talent is overrated but still in my field, in the field of art and colors, it meant a lot. I did not lacked the perspective butRead MorePersonal Narrative : The Dream Story2037 Words   |  9 Pages The Dream Story On the day of February 21, 2003, a woman named Eleanor Quincy gave birth to a loving child named Alexa Quincy. She was a unique child growing up and never did anything wrong. When she was 5, she was really shy and just read books all day. She really had a great childhood growing up with her parents, but that changed when she turned 14 years old. Her dad Davis got a new job as a mechanic when she was 13, but he was going to getRead MoreEssay on Personal Narrative- My Dream595 Words   |  3 PagesPersonal Narrative- My Dream I picture myself center stage in the most enormous and fantastically beautiful theater in the world. Its walls and ceilings are covered in impeccable Victorian paintings of angels in the sky. A single ray of light shines down upon my face, shining through the still, silent darkness, and all attention is on me and me alone. The theater is a packed house; however, my audience is not that of human beings, but rather the angels from the paintings on the walls come aliveRead MorePersonal Narrative : Dream Come True?1033 Words   |  5 PagesDream Come True?   Ã‚  Ã‚   A family rule I had growing up was that you were not aloud to get your ears pierced until you were eight years old. I wanted my ears pierced so badly. I used to wear fake earrings to school all the time. I didn’t know much about ear piercings, other than the fact that I felt so grown up when I wore earrings. All I knew was that someone would use a special tool, I would feel a pinch, and then BAM! I would be a grown up in no time. I remember my eighth birthday felt like an eternityRead MorePersonal Narrative : The Story Of My Dream2124 Words   |  9 PagesUS within days. I guess what my mom had said was true. My dream appeared to be so realistic, I could have sworn that we got bombed and lost a ton of people. I mean, I was glad none of that happened, but stunned that it didn t. I m scared to say this out loud, because i know that it s wrong, but I wish my dream would have been real. My sister would be home and alive if it was, and I could feel that no one was hurt who I loved in my dream. I feel greedy admitting it, but if I could change anythingRead MorePersonal Narrative Dream of Travelling through a Cell Essay493 Words   |  2 PagesPersonal Narrative Dream of Travelling through a Cell My brother was studying for his biology test. The next morning he was telling me about the dream he had. He said he traveled through a cell. I started to call him insane. My brother have an educational dream? I thought to myself, impossible. My brother started to tell me his crazy dream. The first place he came upon was the cell wall. He was trying to find a way out. He said he started to talk to the cell wall. He asked the cell wallRead MorePersonal Narrative Essay : My Dream City1032 Words   |  5 PagesIt was a warm summer day, on the twenty-eighth of July. My mom, my aunt, Jennifer, my brother, Ben, my other brother, Jacob, and I were all exhausted. We had been walking all day, up and down streets, in a strange city, but also my dream city. It is a place that has a lifestyle that is very distinct. Its unique lifestyle is what makes it so interesting. The way people get place to place in the city. They wait in hours of traffic, they are shoulder to shoulder with people they have never seen beforeRead More Personal Narrative: Death in a Dream Essay example947 Words   |  4 Pages Dream a Little Dream My grandmother always said, â€Å"you cannot choose between life or death while sleeping†. When you are sleeping, your body practically doesn’t belong to you. Its almost as though you have no control over anything that might happen to you in your dreams, especially if it is something dangerous. When I ask people why this happens, they theorize that a powerful force or being has entrapped your body. You could end up dying in your dreams, thus leading to

The Relationship Between Man and Woman in Araby - 1035 Words

Araby James Joyce, an icon of the modernist era had many works that were moving away from the classical styles of literature put before him. Joyce is known for leading his characters towards some kind of personal insight and on the surface, Araby seems to be only about a boy learning about the truth of capitalism. As you dive deep in to his words and meaning however, it is apparent that Joyce’s message is not as black and white as it appears on the surface. This story is also about the relationship between men and women. It is about how women are capable of influencing a man’s actions/behaviors and why men feel as if they need to exert their â€Å"dominance† over women. Joyce purposely makes the protagonist a young boy who chases after an†¦show more content†¦These are words describing a feeling that this boy will never again want to feel. He realizes that he has opened himself up to be hurt and he was undeniably crushed by his inability to get something that would please the girl his heart yearns for. Joyce was a master of idioms and word choice. He was easily one of the great writers of his time and will always be recognized as such. He is known for writing about how stages in life affect a person as a whole and Araby is no different. Being a great writer of his time he is also a creation of the era he lived in. During his life men believed that they were superior to women, that woman were weak and that they needed a man to support them. It was believed that women were home to weak emotions and men only had time for strong ones making them better than women. To say that Joyce wrote a story in which he acknowledges that women have some kind upper hand on men may seem inept but he does a good job of answering why men behaved and felt this way. His reason is that men cannot cope with these â€Å"weak† emotions so they shut them out. The boy in the story â€Å"Araby† is met with his first heartbreak due to the fact that he can’t please the girl that he so despera tely desires and immediately becomes this inhuman creature full of anguish. In a time where men are supposed to be the bread-winners; strong confident figures that controls their household, these feelings are unacceptable. It is why men must exhibit nothing but â€Å"strong†Show MoreRelatedAnalysis Of James Joyces The Dead And Araby1651 Words   |  7 Pagesreputation of a confident man. Therefore, he creates a script allowing him to have a sense control and comfort which he lacks. In Contrast, the little boy perceives himself to be self-assured and sociable when in reality these ideas are inflicted by his imagination. James Joyce’s â€Å"The Dead† and â€Å"Araby† features characters who struggle with internal emotions, revealing their alienation, separation with society, and journey toward self-discovery. The little boy in â€Å"Araby† lives in a self-created fantasyRead MoreParalysis In James Joyces Dubliners1086 Words   |  5 PagesIntelligible than Finnegan’s Wake: Dubliners Essay â€Å"To be or not to be, that is the question.† Hamlet’s famous quotation implies only two solutions: to be, or to not be. However, there is another option that Shakespeare never explored: to remain paralyzed between the two states, unable to commit to either. James Joyce’s Dubliners is a collection of short stories first published in 1914, that follows the inhabitants of Ireland. Published nearly a half a century before the Republic of Ireland would be recognizedRead MoreThe Stages of Maturation in James Joyce’s Araby John Updikes AP from the Authors Perspective902 Words   |  4 PagesWhen comparing the views of both James Joyce and John Updike on maturation from adolescence to adulthood it will be important to continually compare two of their similar works in Joyce’s â€Å"Araby† and Updike’s â€Å"AP†. James Joyce and John Updike follow similar views with the latter using Joyce as a foundation and following in similar fo otsteps; both authors follow a process of maturation based on the allure of love, while doing it at different stages of each of the protagonists’ lives resulting in similarRead MoreAnalysis Of James Joyce s Araby Essay2018 Words   |  9 Pagesin the early 20th century. Joyce was the writer of â€Å"Araby†. A stoty published in 1914, in which the writer preserves an episode of his life, more specific when he a young twelve years old boy. But was does the word â€Å"Araby† means? According to diccionaty.com, â€Å"Araby† is an archaic or poetic name for Arabia. In addition, the story is about a boy who falls in love with a woman, she is the sister of one of the boy’s classmates. The name of the woman is never revealed in the story. Throughout the storyRead MoreReview Of The Of A Bad Romance By James Joyce And Ethan Frome By Edith Wharton Essay1256 Words   |  6 Pagesobsession, it can be thought that the characters in â€Å"Araby† by Ja mes Joyce and Ethan Frome by Edith Wharton developed a case of obsessive love disorder. Obsessive love disorder is an extreme form of love that turns into an obsession over time, but sometimes, it could never have started from love at all. In â€Å"Araby,† we are introduced to a main character that, for the first time, has the opportunity to impress the girl he is in love with by going to Araby, a local bazaar. In his case, his obsessive loveRead MoreIrony in the Story of an Hour and Araby2929 Words   |  12 Pagesof the stories in Dubliners consists of a portrait in which Dublin contributes to the dehumanizing experience of modem life. The boy in the story Araby is intensely subject to the citys dark, hopeless conformity, and his tragic yearning toward the exotic in the face of drab, ugly reality forms the center of the story. On its simplest level, Araby is a story about a boys first love. On a deeper level, however, it is a story about the world in which he lives a world inimical to ideals and dreamsRead MoreThe Search for Truth or Meaning in James Joyces Dubliners1788 Words   |  8 PagesThe Search for Truth or Meaning in Dubliners       Several of James Joyces stories in Dubliners can read as lamentations on a frustrating inability of man to represent meaning by external means, including written word. When characters in Araby, Counterparts, and A Painful Case attempt to represent or signify themselves, other characters, or abstract spiritual entities with or through words, they not only fail, but end up emotionally ruined. Moreover, the inconclusive endings of the threeRead MoreAnalysis Of The Nameless Boy 3175 Words   |  13 PagesS.S.S #1 (Araby) There is a force so powerful that it can control lives, this force is love. In the short story Araby, the nameless boy has fallen in love for an unnamed girl, who is Mangan’s sister, after moving to Dublin, Ireland. Each morning the boy will watch her through the front window in the parlour and quickly grab his books to walk behind her ,through their dull village, all the way to the point at which their paths diverge. Araby is about a young boy whom is not named who moves intoRead MoreImpact Of Indian Folk Drama985 Words   |  4 Pagesconception of life which differentiates between body and soul. He wants to convey that even the transposition of heads will not liberate the protagonists from the psychological limits posed by nature. Both the Vetal Panchavimshati and Somdeva’s Brihtkatha Saritsagara basically retell the same tale of the transposition of the heads. Only certain characters and places have been given fresh names in the latter. In both these folktales, there is a woman, her husband and her brother and the transpositionRead More Triangular Structure in James Joyces Dubliners1970 Words   |  8 Pagesits primary psychological concern. This complex, concentric network of three-sided narrative strategies can be evidenced through an analysis of three individual epicleti, one drawn from each life stage. Among the three tales of childhood, Araby is clearly most exemplary of the structural patterns described above; the majority of the story is thick with the boys desire, his desperate longing for an unnamed girl. True to his place among the volumes representative young protagonists, the

The Things They Carried Essay - 1838 Words

Christian Hernandez Professor Sarah Cantrell English 1102 â€Å"The Things They Carried†: Emotional side The story of The Things They Carried written by Tim O’Brien gives a good outlook on how the Soldiers feel and think during the war . The story describes the different things that the soldiers carry with them while at war. O’Brien talks about the different items in great detail such as weight, color, shape and size but he also gives extraordinary details about not only their personalities, but even more about their emotions with the personal things they carried with them. Every single object that the men carry when they go to war plays an emotional touch in their lives. There are certain things that they carried†¦show more content†¦I keep that in my pocket, just to get me through.† (Koppel 2003). â€Å"Ive got a teddy bear my wife sent to me for Valentines Day, a big man with a soft voice says, sharing the lucky charm that he keeps safe from the sand in a zip-lock bag. The little brown bear holds a heart stitched with gold xs and os. Hugs and kisses, the soldier says, as trucks gear up in the desert beside him† (Koppel 2003). Not only Lieutenant Cross or the soldiers in the story â€Å"The Things They Carried† share these similarities but perhaps all the soldiers in the world share it when it comes to emotional feelings related with a personal thing. They take these memorable and meaningful things with them that perhaps for some people is nothing big, but for them, it is basically their life and like a fellow soldier mention, just to get them through. Not only have those things played an emotional feeling in the soldiers live but also a little bit of their background. Out of all the sacrifices that the soldiers make, the cultural side also plays a huge part. They have to do things that they are not used to such as taking a shower with cold water or even not taking a shower for days. Also, eating can food or different types of food that they are not familiar with. O’Brian takes you to a whole new level when he describes the necessary things they carry â€Å" Among the necessities orShow MoreRelatedThe Things They Carried in the Things They Carried1141 Words   |  5 PagesThe Things They Carried in â€Å"The Things They Carried,† by Tim O’Brien In â€Å"The Things They Carried,† by Tim O’Brien the theme of â€Å"carrying† both physical and emotional objects by the main characters can be found in the novel. While these men carry the same standard physical army gear, they differentiate with personal tangible and intangible items. From Lieutenant Cross’s responsibility of his men, to Henry Dobbin’s girlfriend’s pantyhose for its magic, each man faced the war with these things attachedRead MoreThe Things They Carried880 Words   |  4 PagesIn the novel The Things They Carried by Tim OBrien the author tells about his experiences in the Vietnam war by telling various war stories. The quote, It has been said of war that it is a world where the past has a strong grip on the present, where machines seemed sometimes to have more will power than me, where nice boys (girls) were attracted to them, where bodies ruptured and burned and stand, where the evil thing trying to kill you could look d isconnecting human and where except in your imaginationRead MoreThings They Carried1106 Words   |  5 PagesThe Things They Carried Report â€Å"The Things They Carried† was a story about soldiers caught in the confusion of the Vietnam War. There are a lot of apparent themes that are dealt with when writing a story about war, especially about death. I enjoyed reading this story; however there were some things about it that I was concerned about. I would like to discuss the author’s style of writing, his meaning of the title â€Å"The Things They Carried† and the way the author and his characters deal with deathRead More Things They Carried Essay: Strength in The Things They Carried980 Words   |  4 PagesStrength in The Things They Carried  Ã‚  Ã‚  Ã‚  Ã‚   Everybody has to deal with adversity at some point in their lives. The adversity that they go through varies from person to person. For First Lieutenant Jimmy Cross, he had to make it through the Vietnam War alive. In the short story, The Things They Carried, where Cross draws his strength from is somewhat unclear. He seems strong at the beginning of the story, but then again, he also seems to be gaining strength towards the end of the story. ThisRead MoreThe Things They Carried1417 Words   |  6 PagesSpring Book Review In The Things They Carried, Tim O’Brien tells the tale of not about war, but rather about war’s effect on one’s mentality. Ultimately, this novel is built on a foundation of the items that the soldiers of the Vietnam War carried. Whether it was the way Jimmy Cross uses the pebble to escape from his duties as a soldier or when Norman Bowker realizes that courage comes form within, not from receiving a Silver Star; O’Brien uses baggage as a symbol throughout the book to teachRead MoreThe Things They Carried2220 Words   |  9 Pagesand all you can do is whimper and wait.† (211) This passage has great meaning to how the soldiers felt toward one another. They did not have friends but they all knew how everyone felt because they were all simultaneously going through the same thing at the same time. The passage fits great in this novel because it gives great detail and imagery on how the characters Azar and Bobby Jorgenson felt toward one another. Strong relationships were developed and felt almost as if they were all one personRead MoreThings They Carried2289 Words   |  10 PagesTim OBrien does a fantastic job of blurring the lines of what is true and what is fiction in The Things They Carried. In fact, he often points out that he has made entire stories up, after the fact. He defends his decisions by proposing that what he has done is, in fact, not lie, but rather tell a story-truth. He argues that his reason for doing this is to bring the story to life more than it could live through the happening-truth. I want you to feel what I felt. I want you to kno w why story-truthRead MoreEssay On The Things They Carried1624 Words   |  7 PagesFor the seventeen Soldiers portrayed in â€Å"The Things We Carried† by Tim O’Brien, the physical pain was very minimal weight to carry compared to the emotional scars that they will carry throughout their entire life. This story does an amazing job portraying full human emotion that anyone put into a situation would feel, such as heavy guilt, sadness, anger, lack of motivation, perseverance, horror, and false security. All of these are notorious feelings that every soldier back in history, and now stillRead MoreEssay on The Things They Carried515 Words   |  3 PagesThe Things They Carried The Things They Carried, by Tim OBrien, is a generalization of his own experiences in Vietnam although the story itself is a work of fiction there is still much to be learned from it. Through the actions of soldiers in The Things They Carried we can begin to explore the effect war has on the human condition and the toll it plays on their minds. Some of the themes in the book, The Things They Carried, are bravery and what true bravery is, truth and how the manipulationRead MoreThe Things They Carried Essay1015 Words   |  5 PagesThe text, ‘The Things They Carried, is an excellent example which reveals how individuals are changed for the worse through their first hand experience of war. Following the lives of the men both during and after the war in a series of short stories, the impact of the war is accurately portrayed, and provides a rare insight into the guilt stricken minds of soldiers. ‘The Things They Carried shows the impact of the war in its many forms: the suicide of an ex-soldier upon his return home; the lessening

Decision Making Process for Jimmy Possum Furniture - myassignmenthelp

Question: Discuss about theDecision Making Process for Jimmy Possum Furniture Company. Answer: Introduction This report reflects the key understanding on the Decision making process Jimmy Possum Furniture Company. This company is developed by two family people after having business experience from different organization. In this report, study has been conducted on the diction making process and its impact on the business. There are several internal and external factors which should be undertaken by organization before taking business decision. Effective Decision making Contributed for the Success of Jimmy Possum Furniture Company Decision making is the process to select the best alternative out of available options. It is observed that business man is the key person who takes all the strategic decisions for the betterment of organization. Jimmy Possum Furniture Company has made strategic decisions as per the clients needs and demand in determined approach. All the furnitures and other stocks offered by Jimmy Possum Furniture Company to its clients are customized by the company on basis of clients needs and demand. This level of changes made by Margot and Alan Spalding are the key managerial persons of Jimmy Possum Furniture Company who took all the strategic decisions. After adopting customization strategic plans has resulted to increase in overall turnover and brand image of company. Therefore, it could be inferred that all the strategic decisions taken by Margot and Alan Spalding are the key pillar for the success of organization. These decisions taken by Margot and Alan Spalding for the Jimmy Possum Furnit ure Company has resulted to attraction of clients towards the furniture offered by company to its clients. In addition to this, Margot also indulged in hiring women experts who will help organization to customize its goods and services for the better satisfaction of clients. This could be inferred that decision taken by Margot to hire women employees is the best decision for the betterment of organization (Triennia, Cagno and Farn, 2016). Decision to Branch out from manufacturing into Retailing and Decision making Process It is considered that development of successful business enterprises required major decisions. Jimmy Possum Furniture Company is indulged in manufacturing furnitures and other wooden structure for providing best quality of furniture to its clients. However, Jimmy Possum furniture company with a view to expand its value chain activities, integrated its business to further level and developed more units by opening more joint ventures and retails stores. These retail stores are opened to establish direct connectivity to its clients for their better satisfactions (Aravopoulou and Malone, 2016). The decision of Jimmy Possum furniture company was taken by Margo and Alan by undertaking proper decision making process, starting with the analyzing the need of opening of retails stores, assessing the clients needs and their demand, formulation of strategic plans to open retails stores, implementation of formulated plans and follow up process to mitigate the found problems (Aioli, et al. 2014). Most Important Criteria to Spalding for making Effective Future for Company With the ramified economic changes, many business organizations are coming up with their unique strategic plans to sell their furniture products and services to clients. The main reason to Spalding for making effective future for Jimmy Possum Furniture Company was based on the increasing cut throat competition and other rivals unique offering to attract clients (Elbanna, Thanos and Papadakis, 2014). However, it is observed that Jimmy Possum Furniture Company has increased its overall revenue by more than 800% as compared to its last six year revenue. This has shown that furniture market has great amount of potential and reflecting high amount of profit to organization. If Jimmy Possum furniture company could establish more retails stores to connect with the clients then it could increase its overall sales by 200 % in just one years (Hunink, et al. 2014). Condition of Uncertainty or Risk for Jimmy Possum Furniture Company There are several factors and conditions which poses high amount of threats and uncertainty to organization. It is observed that furniture business is showing amount of growth in this industry. Therefore, it might be possible that other new entrants could start this business to create good amount of profit. Furthermore, it is considered that macro factors such as purchasing power of clients, new entrants in market, economic conditions and sluggish market behavior are the major factors that could pose high amount of threats to Jimmy Possum furniture company and its business functioning. In addition to this, Jimmy Possum Furniture Company has won several award functions and events for its business on domestic and international levels. In addition to this, Margot has adopted new business organizational culture by hiring more women employees in its value chain activities (Smith, 2014). The most important thing is related to the integrity of Margot to run business. She gave her best to ru n Jimmy Possum Furniture Company in effective manner and provide best quality of goods and services to clients. However, due to changing Australian policies and economic conditions, it may be possible that Jimmy Possum Furniture Company would have to face high amount of threats from the new entrants in market and decrease overall profit of the company. Risk of Jimmy Possum Furniture Company could be related to changes in economic conditions, marketed behavior, and clients inclination towards buying furnitures from Jimmy Possum furniture company (Prez, et al. 2014). Spalding could Learn from Experience from other Organizations There are several other organizations that are selling handmade furnitures and other stocks for the clients in Australia (Goethe and Davis, 2014). It is evaluated that Spalding is related to the breaking down of the organization or entering into strategic alliance with other organizations. Jimmy Possum Furniture Company could learn these Spalding strategies very easily after evaluating the success of the organizations that have entered into this Spalding strategic planning. This would help Jimmy Possum Furniture Company to assess the internal and external factors in determined approach. For instance, if other organization in the same group mapping has entering into vertical or horizontal integration and increased its overall profit and turnover by 20% then it could give rough idea to Jimmy Possum Furniture Company regarding with the outcomes of Spalding in the Australia furniture industry. This has shown a positive level of strategic planning which could be implemented by Jimmy Possu m Furniture Company for the better and effective decision making process. However, Jimmy Possum Furniture Company has employed family members of directors of company to expand the business into market. In addition to this, customization in design, manufacturing, retail high quality furnitures are the core competency of company in Australian market (Wheelen and Hunger, 2017). Decision making Style and Margot Spalding as Decision Maker It is observed that there are several decisons making styles such as directive, analytical, conceptual and behavioral. Each and every decision maker use different way to contemplate a decision and each style is different method of weighing alternatives and examine solutions. Margot is the key managerial persons who have entering into strategic planning for the betterment of Jimmy Possum Furniture Company. Margot has followed proper values, belief and sophisticated strategic planning to increase the overall sales and clients satisfactions. In addition to this, Margot has planned to increase its value chain activities by opening more retails stores so that company could connect directly with clients in market. Furthermore, the main strategic decision taken by Margot is related to hiring women experts to design and customized its furnitures and other wooden stocks as per the clients directions and need. This has shown that Margot has analyzed all the needs and demand of the market and o n the basis of same it has taken these decisions. It is further observed that Margot has hired women employees and to expand that business to customized its business (Smith, 2014). In addition to this, Spalding has describes its business more valued, clients oriented and providing creative and high quality stocks in determined approach. Now in the end, it could be inferred that Margot has taken effective decision and provided a good result to organization. She analyzed all the internal and external factors before taking business decision for Jimmy Possum Furniture Company. It is considered that opening new retail stores and new business ventures has increased the overall effectiveness of business ((Shepherd, and Rudd, 2014). Conclusion After evaluating all the facts and business conditions of Jimmy Possum Furniture Company, it is observed that if Margot has taken effective business decisions for Jimmy Possum Furniture Company for its success and development in future. However, due to the high growth in business, various new entrants are coming up with the different strategic plans quality of goods in the market to give tough competition to Jimmy Possum Furniture Company. Therefore, it could be inferred that Margot has put best efforts to increase the overall profit and turnover of company. References Aravopoulou, E. and Malone, C., 2016. An examination of the strategic decision-making when organisational changes are introduced.The Business Management Review,7(5), p.31. Elbanna, S., C. Thanos, I. and M. Papadakis, V., 2014. 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