A musical score of Citizen Kane utilizing Gorbman methodology Essay

A musical score of Citizen Kane utilizing Gorbman methodology - Essay Example This research will begin with the statement that Ð µhe notion that music in films usually has powerful effects on its viewers in indisputable. However, the careful examination of the reason behind the effects is greatly ignored. People tend to correlate previously unassociated pieces of drama to what is heard in a film music. Basically, any kind of music played in a film has to have a purpose. Every spontaneous melody or pre-composed piece is a potential option for a cinematic soundtrack (Patrik 45). One has to ask how and why people are so interested in combining drama and music in a film. While it is evident that the full emotional effect of a movie scene is carried through the successful interpretation of audio and visual information, the music in the movie still carries a significant effect for the interpretation of the director’s intent and style. The objective of this paper is to provide an analysis of the musical score of the movie Citizen Kane by utilizing Gorman and Kassabian methodologies.

Case Study 11-2, Dealing with Traffic Jams in London

11-2, Dealing with Traffic Jams in London - Case Study Example Project model provides essential information required in the implementation face. Integration of the technology proposed by the project was a challenge since the technology kept changing. The design of the streets does not provide an opportunity for mounting the cameras. The positioning of the cameras required clear roads, which would facilitate the relaying of the pictures. The project faced a political risk since the mayor of the city wanted to build his reputation. The fear of failure was a menace that the project had to deal with. Inadequate experience in the application information technology was another challenge that the project faced. The management strategy that I would recommend for the project include outsourcing competent personnel in the field of information technology to jump start a pilot project in a few streets in the city. Rolling the project in the whole city at one time could not yield effective result. Strategic development of checks and balances for the project would help to avoid inconveniencies. Project methodology identified five critical areas that it would address in piloting the project. Selection of technology for the five key areas was a step taken in order to reduce risks. Tendering of the project to large cooperation was a wise move since large corporations have the ability to meet big project. Provision of small tenders to individuals could help in making effective management of the project (Wysocki, 2011). Management of tenders by Deloitte & Touche was geared towards achieving the best result. After the selection of the best bidder, the project rolled out. Management of the project by a firm like Deloitte was a wise decision since it helped the city government to monitor the work without the political interference. The approach that was developed in the project methodology was appropriate since it eliminated risks that the project

Effects of Copyright on the Consumption Music

Effects of Copyright on the Consumption Music The aim of this dissertation is to understand the effects of copyright on the consumption and acquisition of music online. With a focus on Feels Like Free services such as Spotify as well as illegal file sharing services, research into the copyright issues surrounding the debate present a picture of how music is being consumed at present. Building on notable works and theories of research in the area {} the dissertation supplies evidence supporting the continuing dominance of labels as right-holders in the new digital era. With one-on-one interviews with emerging artists at the forefront of digital music as well as group interviews with consumers a convergence of opinion on key points provides an insight into the effectiveness of current digital music distribution services as well as the enforcement and enforceability of current copyright laws. Introduction This dissertation focusses on the challenges of distributing digital music in an era of unprecedented web use. Access to digital media is increasingly a part of peoples every day lives and the issues surrounding access to content and the legal implications therein are the subject of much debate. It is natural that the rights holders and their representatives would assume a position protecting their legal rights and the cases of pursuance of both individual and commercial rights infringers are well documented, however some say copyright law is dated (Negroponte, 1995) and beyond the task of policing the digital frontier of music distribution. This dissertation investigates the effect of copyright on audience and artist attitudes to digital music distribution in both legal and illegal forms. Using relevant literature and established studies it addresses the benefits of the chosen research for this investigation and provides results giving evidence for the various claims and counter cla ims made on both sides of the copyright argument. In doing so it is intended that my results will give a picture of current distribution methods and their ability to deal with copyright as well as rights holders ability to enforce it in an increasingly digitised age. By gathering evidence using one-to-one interviews with two emerging artists as well as consumer interviews conducted at group level I am able to establish the artists interaction with the process of copyright and the extent to which it alters their distribution of music whilst also engaging the audience in debate about their understanding and adherence to the existing issues surround accessing digital music. The involvement of both artist and audience provides a unique opportunity to pinpoint the present effect of the existing systems of music distribution and the copyright protection available. Digital Music Copyright At the crux of the debate surrounding digital music distribution is the issue of copyright and the infringement thereof. Arguments both for and against the current system of rights ownership and management are well documented and some clear division between the opinions of those who hope to gain capital from the ownership of rights and those who wish to produce and consume digital music is revealed. The representative bodies existing to support the rights of the artist , such as the BPI (British Phonographic Industry) and the RIAA (Recording Industry Association of America) have staunch views on the use of their intellectual property and defined by the BPI, copyright in its current form can be surmised as follows: Copyright is the foundations which the music business is built. In its simplest terms, it is a form of intellectual property and, as such, gives the creator or the owner/ author of that work exclusive rights over how it is published, distributed and adapted. (BPI [online] 2009) The collective gusto of the recording industry to enforce their stance on what they see as a critical issue to the music business has led to much bad publicity and a galvanisation of some copyright infringers as a group with a serious social point to make. Kembrew McLeod (2005) agrees that infringement of copyrighted material online presents a significant problem for the monopoly held by the industry giants, even going as far as to view this as a positive consequence of file sharing and distribution. Arguing in favour of a diminished corporate monopoly, McLeod uses examples of successes for smaller independent artists, helped in part by the evolution of media distribution methods available to cut out the middle-man. With both artist and audience interviews revealing a symRobhy for McLeodÊ ¼s statements, most participants demonstrated a sophisticated understanding of the possible advantages that new distribution methods offer smaller/less established artists, who often work outsi de of the boundaries of the established music industry. Williamson Cloonan (2007) accuse the BPI of blurring its distinction between the ‘interests of British record companies which it claims to represent with a wider definition of the ‘music business . The process of recording, distributing and marketing music is one element of the music industry but its inferred connection to grassroots music of all levels seems to be the bone of contention, as is borne out in my group research. The strength of language words and aggressive tone of both the RIAA and BPI in dealing with infingers, combined with the appropriation of the wider music industry for moral grounds (Williamson Cloonan, 2003, p. 305-7) adds to a misunderstanding regarding what exactly the music industry is and how it affects users access to media. There is an obvious disparity in opinion on either side of the debate surrounding copyright law, with the nature of what copyright represents and who it protects a nd particularly how it is relevant to new digital models of distribution and consumption open to much debate. These diverging opinions are likely to have an impact on how consumers and artists understand the issues within this field, and clearly how they relate and react to them. Media Access The history and development of studying audiences and their consumption habits is by now highly sophisticated and the subject of much debate and research. Using the work of others as a guide as well as theory and research my aim is to understand how audiences are accessing digital content and if their understanding of the legality of so doing , alters how they interact with the content. Longhurst (2007) observes that the most significant contemporary change to [music consumption] is coming through downloadability (p. 205). The pervasive nature of digital consumption in todays culture is displayed throughout both artist and audience responses showing high levels of use and understanding of the medium. An RIAA commissioned report (Siwek, 2007) carried out in the United States by the Institute for Policy Innovation (IPI) suggest that online copyright infringement costs the industry $12.5 billion annually(online). It is fair to assume the the access to both legal and illegal digital musi c is affect the industry greatly but these figures are open to criticism for there bias. The research of Huang (2005) into file sharing as a means of music consumption through group interviews of college students concludes that music file sharing is now a facet of music culture from a social perspective. My studies have some support for this claim with even artists describing extensive p2p use and one actively embracing it as a means of propagation of his material. Mascheroni et al (2008) conducted a comparable ethnographic study digital television consumption. The study concludes that young viewers are capable of defining their relationship with media based on present developments in the field rather than existing paradigms and traditions, and in doing so perhaps goes some way to explain the findings of Huangs research on college students. In similar ethnographic profiling Harwood (1997) compared television viewing Robterns of different aged groups, finding that decisions are representative of perceived Ê »social identityÊ ¼. It is arguable that similar influe nces are at play in consumers interaction with digital music consumption and with the increasing convergence of digital content, user generated content, and the social influences aforementioned, copyright infringement and any repressions appear to have very marginal impact on consumption habits. Based on the highlighted works the interaction between consumers and the legal implications surrounding content access are likely to vary in line with social perception and experience led understanding of the field. The fact that the artists were so Robert about file sharing, their involvement with it and its potential for positive use, adds weight to the claim copyright regulations for digital music are past their prime and lacking in effectiveness. Unique Online Considerations Various possible explanations for the ways in which digital media access has changed consumption habits have been covered previously. Increased media access has inevitably led to increased temptation to use nodal connectivity for illegal file sharing, although if the enactment of this abuse is as widespread as the BPI and RIAA would like us to think is another matter. Borne out of this peer to peer system of file distribution new products are being brought to market that provide alternatives to illegal acquisition of content. Analysing the manner in which consumers access content and services online has led to , sophisticated modEmmang of the accessibility and demand for said content and services. AndersonÊ ¼s (2006) presents a long tail model which serves as an example of such studies. The model refers to online commercial distribution with the most popular and commercial, products at one end of the graph with the highest volume of sales. The graph extends to illustrate the alm ost limitless potential for online sales in specialist or minority markets. Fig i. Long Tail Model (Anderson, 2006) Anderson further sets forth an opinion that the broadening of potential promotion and distribution online has increasingly opened up more possibilities for for both artists and consumers. Applying the long tail theory, it is obvious that it proposes a different system of economics to the traditional retail sector. Adding to this the obvious advantages of products being available around the clock, often irrespective of regional restrictions and the idea of a new economic model is further strengthened. The ability to cover areas of minuscule interest with little additional overheads enables retailers to offer huge depth of choice as well as broadening the idea of ownership of content through streaming.. Clearly the economics of online commerce are very different to the traditional model, however the rules of engagement surrounding copyright are expected to fit both models. two is different, yet the laws of copyright remain the same. Illegal sharing of content is viewed as an infringement of rights and therefore a form of theft as attested by the RIAA. The case that eventually closed the late nineties file sharing platform Napster, as detailed first by Merriden (2001) and then Menn (2003) illustrates the ramifications and interest in the first high-profile case of file sharing. Speaking of Napster Wall states; The record companies proposed that the Napster system ripped off artists and would kill music, while they made the legal argument that Napster encouraged the infringement of copyrights they held. Napster countered by arguing that members of Napster were making fair non-commercial use of the rights already assigned with the original sale of the record that had been converted into mp3 files. (Wall 2003, p223) Continuing where the Napster litigation left off, cases between the industry and p2p networks are still widespread today, showing that the industry has moved on little in the intervening years. The Swedish prosecution and proposed imprisonment of the creators of infamous file sharing tracker The Pirate Bay (Johnson Kiss, 2009) is perhaps the highest profile case today and could be seen as the modern Napster. In an attempt to bolster the music industries grasp on digital distribution a number of new models have been brought to market., Many mobile phone operators worldwide now offer unlimited music bundles with cell contracts and the emergence of streaming services mentioned such as Last.fm and Spotify, are seen in the group interviews to have a positive influence on peoples adherence to copyright. Gerd Leonhard (with Kusek 2005 2008) is describes these services as Ê »feels like free.Ê ¼ Advertising and premium service upgrades present the creates potential for capitalisat ion of music. Spotify has been a particular success in Europe, with the BBC reporting figures that already 5% of its users have upgraded to a premium service, giving it some 320,000 users paying  £10 per month for its full offering (BBC, 2010, online). This small percentage provides and annual turnover in the region of  £38,400,000 excluding additional revenue provided by advertising, proving that Spotify is a serious force in the online distribution business without even launching fully in the United States. By looking at audience habits and interaction with both copyright and media we can see that the new media model and the traditional approach to distributing music are increasingly unable to keep up with the consumer driven demand for online services, leaving companies such as Spotify to move in and become a type of new music industry for the 21st century. The difficulty inherent to their role is that the copyright for the material they wish to distribute is often owned by o ne of their more traditional predecessors. Methodology In this chapter I offer justification for the effectiveness of my methods for the collection of audience and artist responses to their interaction with digital music copyright. I use two groups of participants; one younger (16- 25) as well as a group from an older demographic of consumers (40-65) with both groups being representative of consumers as well as two individuals representative of artists. As this study represents a small cross section of the many people who are involved in roles as both consumer and artist definitive conclusions solely gathered from my findings alone are difficult to ascertain. The value however, of conducting the comparative interview types, is the provided overview of responses, and how they interplay with the core arguments surrounding the debate. Work by Huang (2005) and Macheroni et al (2008) would suggest that younger audiences are less concerned about the implications of peer to peer sharing and thus more likely to use the distribution method. Using relative methods I build upon their work, highlighting and supporting claims by providing complimentary evidence and similar findings. HuangÊ ¼s (2005) use of groups interviews highlighted specific areas of interest with direct interaction with audience members, whilst MascheroniÊ ¼s (2008) research adopted ethnographic studies of online, as well as off line interaction in a more one to one manner. Due to the nature of copyright interaction online ethnographic study of users could be applied to researching users of file sharing services. The problem with this is the anonymity in this type of cinteraction, discussed by Watt, Lea and Spears (2002). Although there is potential for some light to be shed on how audiences share music online, it would be difficult to rationalise the reasons for this activity, providing little evidence to illuminate the reader on audience behaviour. My own studies, made use of extensive one on one interviews allowing unsigned artists a mouthpiece within the debate. The benefit of exposing the artists to the one on one interview process was expected to be a greater understanding and experience of copyright yielding technical data on the subject. This was then coupled with group based research. With guidance from Bertrand and Hughes (2005, p81), the group interviews, were expected to benefit from inter-participant discussion allowing some involved to make up in shortfalls of technical knowledge. As a well established means of audience research, group interviews can help garner natural responses from participants. It must always be considered however that these discussions do not take place in unmonitored environments and so must be viewed as having the potential to be polluted by the participants knowledge that what is being said is also being recorded. A particularly pertinent issue given the legal climate surrounding the issues covered. The legal aspect of my research may encourage participants to shy away from full, Robert answers, however the focus group environment should also foster greater candour and less inherently solicited responses than that of one on one interviews for instance (Boubour 2007) although the combination of the two means of study should have a balancing effect on the results. Research Findings Here I present the findings of my primary research investigating the interplay between copyright issues and digital music consumption. The material put forward here is the product of the two group interviews and two individual interviews with consumers and artists respectively. The discussions centred around the same key themes including the participants access to and use of digital music as well as attitudes and understanding of the related legal issues. Of particular importance for my study are responses they may have relevance towards legal the constraints and considerations surrounding the notion of digital music access. Providing the the structural basis of this chapter my aim is to discover any visible Robterns between the responses of the two types of interviewee. Consumption Listening Habits: The primary question for the interviews is one of use and involvement in digital music. It is essential to establish the extent, if any, to which the interview subjects interact with digital music content, irrespective of its origin. The following section examines participant music consumption routines and in particular, digital music consumption habits. Based on their replies, I address the stereotype that older audiences are less willing and able to undertake interaction with new delivery methods whilst isolating comparisons between the groups in other forms of music consumption. On broaching the subject of use of digital music with the older group, it was clear that most participants were involved and responsive to the means of content distribution. Many of the group cited the iPhone or iPod as an influence on their ease of access and enjoyment of digital music, proving Apple have a huge say in how this market is set to develop. either using mp3 players or their mobile phone to co nsume digital music. When the group was asked if they had access to a digital music player the response was as follows, Howard: Of course IÊ ¼ve had mp3 phones for a good 5 years now and players for a bit longer. Dominic: Yeah me too I would say, not the players but the phones, I use an iPhone for everything now. Howard: I still use my player for jogging though, I dont like to be bothered by phone calls but I still want my music with me. Most made some use of access to digital music on a regular basis. This helps to dispel the myth of a generation gap regarding digital media use as alluded to in the work of Mascheroni et al (2008). Although this establishes a commonality in usage of devices we are yet to establish meaningful connections between access and consumption habits. In the older group. The concept of digital music consumption representing the mainstay of their listening habits produced varied responses. For the older group the response was as follows: Dominic: For the car or the house I spose real music, sorry I should say CDs and stuff I spose, real music is normally what I go for. Robert: Yeah the same really. This is similar to the attitudes of both artists interviewed. Biometrix: Yeah its really all about vinyl for me but that normally means I have to rip the vinyl if I want to listen to it on my phone or anything like that Gecko: I collect all sorts of CDs and records, when we go on tour I normally come back with a pile of discs Ive either bought or been given. With the artists and the older audience still actively engaged in the acquisition and collation of music it is clear that there is still a space for tangible products within the music industry. Such observations are notably absent when dealing with the younger of the group studies. In this group there was evidence of a fractured landscape of media access with no commonly held method of consuming music. Youtube, Spotify and Soundcloud provide a number of feels like free options for home use along with the ubiquitous iPod/Phone, however the access to music was overwhelmingly digital amongst this group. It can be said that both groups access digital content in a number of ways, with the younger group being more selective and more aware of different delivery methods, perhaps indicated by the greater disparity in the services and methods of consumption they chose. Within this younger group, extensive different ways of acquiring digital music were referenced, including demonstrable evidence of LeonhardÊ ¼s (2008) Ê »feels like freeÊ ¼ streaming services such as Spotify and Last.fm. The following extract is taken from the opening stages of the younger focus group; MarT: Spotify, mainly. Youtube too, but there is much less music on there now and when you find something you like it gets deleted after a while for copyright stuff. Spotify have made it so easy and if they have pretty much everything so you can just go there, and if you canÊ ¼t find it aint on Spotify there might be a live version or something on Youtube but the quality is always ropey. The only bad thing about Spotify is that you get ads but its still free and its much safer than downloading audio files. Steve: Everything is so joined up on Spotify, like suggested artists and playlists and stuff, I spose its similar on Youtube, you can spend hours exploring. Claire: And you dont have to buy anything or give your card details over. Similarly both artists are avid users of Spotify amongst other streaming services: Gecko: I know the money is peanuts for getting played on there but it makes you accessible to so many people, some of them dont have enough money to pay for your album or your mp3 or whatever but the fact that they can still access it is important to grow as an artist. Its like playing a gig and barely making the petrol money to get home. We all do it but some of us are a bit more relaxed about the good it does for us. Biometrix: I use Spotify all the time, really its stopped me stealing a lot of music really. Its so much easier than actually downloading something so normally I just do that because I cant be bothered finding what I want and then waiting on it to arrive on my computer. Clearly Spotify offers an innovative model that can fit into both of MyÃ… ¡kaÊ ¼s (2009) subscription service model categories. A monthly fee can be paid to allow listeners to enjoy uninterrupted music without advertising and also allow access to feature rich content such as mobile streaming and offline listening, as well as Leonhards (2009) Ê »feels like freeÊ ¼ model that is funded by advertising. Of the myriad methods of media access identified, use of Web 2.0 music consumption models such as Spotify demonstrates a fall in favour of traditional peer to peer networks, contrary to the testaments of the recording industry (Siwek, 2007.) This goes some way to enforce the claims of Leonhard (2009) that these new, lawful access streams provide an attractive alternative to illegal downloading and also allay industry concerns about copyright protection. The interview subjects also cited the simplicity of these new methods in allowing them to locate music without the extensi ve searching that is commonplace with peer to peer access to media. Engagement with File Sharing: In this section, we assess the subjects involvement with the file sharing. I present rationalisation of the participants use or otherwise of file sharing networks and investigate their understandings and interactions with the legal ramifications of such actions. As the conversation developed, unexpectedly within the older group, many of the participants had used peer to peer services in the past, whilst perhaps their usage was limited, responses seemed mixed. Shaun: IÊ ¼ve used Megaupload in the past Yeah. Subscribed to that. We didnt download without our subscription, but now lapsed, I dont about the kids but yeah, Megaupload. I used to et a lot of other stuff there like films and ebooks so it was great. We can see that the participants have an understanding of file sharing as a concept, if not perhaps the finer points of nodal networking. There is an inference that by purchasing a subscription the subject considers themselves to have bought their downloads. This is however false and the subscription simply provides faster download speeds. The artists had a more sophisticated understanding of how rights related to downloading and sharing content, however it is notable that this greater insight did little to dissuade them from partaking in file sharing. Biometrix: Yeah I do download stuff, not as much as I used to but if theres something I cant find on Spotify or Soundcloud or that stuff then I will just go on a torrent site but I feel bad about it, I reckon, well I reckon because I think about what it would be like if the musicians were like me, just starting out or something. The guilt mechanism in this response shows a belief that the RIAA/BPI position is correct and that the copyright issues surrounding this kind of media access is universally illegal. This shows some support for the industry having a direct influence over peoples online interactions despite their diminished market share. One of the artists in particular also uses p2p sharing to promote and distribute their own material. Biometrix: I try to make a couple of free songs every month and put them on soundcloud for people to download. Its pretty much a thanks to all the people on Facebook, Soundcloud and Youtube who like my music and keep my profile hits high. I know theyre on the torrent sites but I dont mind, they were free anyway. This positive use of filesharing allows the artist greater exposure with virtual nil as an overhead, undercutting the top-heavy music industry and presenting the egalitarian model favoured by McLeod (2005). Responses to Legal Issues Industry Implications; This section aims to build on the responses in the previous section by filling out the subjects understanding of the legal issues involved with file sharing. Particularly noticeable in these answers is the difference between the artist and audience categories. As mentioned earlier there have been many examples of litigations against providers of p2p services, such as the media-circus trial of Ê »The Pirate BayÊ ¼ founders. Whilst the audience groups had little knowledge of such cases the artists seemed far better versed in what was going on within the industry to shape the distribution of music. Biometrix: Yeah, IÊ ¼ve know a lot about it actually The pirate bay have been found guilty of copyright abuse and theyre appealing their jail term now I think. Its a pretty big deal, all of the big film companies have been after them. The site is still going though, so it doesnt seem to have done much good does it? Gecko: Pirate bay is huge. Its not just pirating things, they do all sorts, politics and freedom of speech stuff and all of that. I think it was started by activists but I dont know whos involved nowadays. As soon as something gets taken off it seems to come straight back up. Loads of people use it. Infringement and theft are put forwards by McLeod as tactics to enforce the monopoly of the recording industry. Of the subjects opinions on the significance file sharing has for the music industry, the various subjects displayed an array of responses. The following extracts are taken from the older subjects; Dominic: Small bands dont have a bean basically. Those are the people you are robbing off, not the execs or anything. Emma: They must be getting paid somehow, the music is still out there. Robert: But the money doesnt go to the band. This passage underlines the fact that members in this group believe that the majority of income for musicians, particularly less prolific artists, is provided by their record sales. This understanding of the revenue streams available to music industries also demonstrates a finely tuned understanding of what the Ê »music industryÊ ¼ entails. Williamson and CloonanÊ ¼s (2007) arguments against the wide spread use of the term, based on my findings, suggest older generations are indeed more inclined to understand the term equating to the recording industry. The actions of the recording industries and the responses from audiences can be seen as an example of Michel de CerteauÊ ¼s idea of Ê »strategies and tacticsÊ ¼ (1984). The strategies of the power structures within the relationship, in this case, the industries retention of traditional retail models and the discourse that it equates to the music industry (BPI, 2009), in contrast to the tactics of audiences. This investigation finds between age demographics the response tactics identifiable and noticably different. The older group creates their own space through a sceptical approach to recording industry practices, methods of media access and opinion demonstrate stronger ties with the recording industry discourse crime and punishment. The both the artists and younger group members seemed much more separated from these established means of operation, shown in their symRobhy for file sharing, anti-corporate comments and reluctance to trust established regulations regardin g copyright infringement. Based on the findings outlined above, the suggestion is that audiences are highly aware that there are legal implications surrounding the sharing of files, but their opinions and responses to the validity of these implications are generationally split. The evidence provided by the younger demographic of both audience and artists provides support for the views of McLeod (2005) whereas the older group demonstrated a much more accepting response for the necessity of copyright legislation as a protection against theft. Applying music retail and commerce theories presented by Anderson (2006) and Dubber (2007), most of the participants appeared to be informed of the changes online distribution was experiencing, although there was rejection of the industrys reluctance to develop progressive content access agreements along with them. The divergence of opinion in the application of rights enforcement between the two groups adds weight to the arguments presented by Garofalo (2003), acting to s et the balance between the two sides of the rights argument, preventing the financial exploitation of free music, whilst also managing a free channel of access to consumers. Conclusion It can be established from the results of my investigation that audience and artist opinions are divided on the justifications for rights protection and the enforcement thereof in relation to digital music access. Whilst there is clear evidence of a move towards digital media consumption, there is a distinct generational gap in the manner in which different age groups access music digitally. Older generations seem to fall into line with traditional models of product capitalisation, purchasing physical formats and viewing transgression of copyright online as theft. Younger subjects more immersed in digital media and having grown up during the internet gold rush have a far less strict attitude to the acquisit Effects of Copyright on the Consumption Music Effects of Copyright on the Consumption Music The aim of this dissertation is to understand the effects of copyright on the consumption and acquisition of music online. With a focus on Feels Like Free services such as Spotify as well as illegal file sharing services, research into the copyright issues surrounding the debate present a picture of how music is being consumed at present. Building on notable works and theories of research in the area {} the dissertation supplies evidence supporting the continuing dominance of labels as right-holders in the new digital era. With one-on-one interviews with emerging artists at the forefront of digital music as well as group interviews with consumers a convergence of opinion on key points provides an insight into the effectiveness of current digital music distribution services as well as the enforcement and enforceability of current copyright laws. Introduction This dissertation focusses on the challenges of distributing digital music in an era of unprecedented web use. Access to digital media is increasingly a part of peoples every day lives and the issues surrounding access to content and the legal implications therein are the subject of much debate. It is natural that the rights holders and their representatives would assume a position protecting their legal rights and the cases of pursuance of both individual and commercial rights infringers are well documented, however some say copyright law is dated (Negroponte, 1995) and beyond the task of policing the digital frontier of music distribution. This dissertation investigates the effect of copyright on audience and artist attitudes to digital music distribution in both legal and illegal forms. Using relevant literature and established studies it addresses the benefits of the chosen research for this investigation and provides results giving evidence for the various claims and counter cla ims made on both sides of the copyright argument. In doing so it is intended that my results will give a picture of current distribution methods and their ability to deal with copyright as well as rights holders ability to enforce it in an increasingly digitised age. By gathering evidence using one-to-one interviews with two emerging artists as well as consumer interviews conducted at group level I am able to establish the artists interaction with the process of copyright and the extent to which it alters their distribution of music whilst also engaging the audience in debate about their understanding and adherence to the existing issues surround accessing digital music. The involvement of both artist and audience provides a unique opportunity to pinpoint the present effect of the existing systems of music distribution and the copyright protection available. Digital Music Copyright At the crux of the debate surrounding digital music distribution is the issue of copyright and the infringement thereof. Arguments both for and against the current system of rights ownership and management are well documented and some clear division between the opinions of those who hope to gain capital from the ownership of rights and those who wish to produce and consume digital music is revealed. The representative bodies existing to support the rights of the artist , such as the BPI (British Phonographic Industry) and the RIAA (Recording Industry Association of America) have staunch views on the use of their intellectual property and defined by the BPI, copyright in its current form can be surmised as follows: Copyright is the foundations which the music business is built. In its simplest terms, it is a form of intellectual property and, as such, gives the creator or the owner/ author of that work exclusive rights over how it is published, distributed and adapted. (BPI [online] 2009) The collective gusto of the recording industry to enforce their stance on what they see as a critical issue to the music business has led to much bad publicity and a galvanisation of some copyright infringers as a group with a serious social point to make. Kembrew McLeod (2005) agrees that infringement of copyrighted material online presents a significant problem for the monopoly held by the industry giants, even going as far as to view this as a positive consequence of file sharing and distribution. Arguing in favour of a diminished corporate monopoly, McLeod uses examples of successes for smaller independent artists, helped in part by the evolution of media distribution methods available to cut out the middle-man. With both artist and audience interviews revealing a symRobhy for McLeodÊ ¼s statements, most participants demonstrated a sophisticated understanding of the possible advantages that new distribution methods offer smaller/less established artists, who often work outsi de of the boundaries of the established music industry. Williamson Cloonan (2007) accuse the BPI of blurring its distinction between the ‘interests of British record companies which it claims to represent with a wider definition of the ‘music business . The process of recording, distributing and marketing music is one element of the music industry but its inferred connection to grassroots music of all levels seems to be the bone of contention, as is borne out in my group research. The strength of language words and aggressive tone of both the RIAA and BPI in dealing with infingers, combined with the appropriation of the wider music industry for moral grounds (Williamson Cloonan, 2003, p. 305-7) adds to a misunderstanding regarding what exactly the music industry is and how it affects users access to media. There is an obvious disparity in opinion on either side of the debate surrounding copyright law, with the nature of what copyright represents and who it protects a nd particularly how it is relevant to new digital models of distribution and consumption open to much debate. These diverging opinions are likely to have an impact on how consumers and artists understand the issues within this field, and clearly how they relate and react to them. Media Access The history and development of studying audiences and their consumption habits is by now highly sophisticated and the subject of much debate and research. Using the work of others as a guide as well as theory and research my aim is to understand how audiences are accessing digital content and if their understanding of the legality of so doing , alters how they interact with the content. Longhurst (2007) observes that the most significant contemporary change to [music consumption] is coming through downloadability (p. 205). The pervasive nature of digital consumption in todays culture is displayed throughout both artist and audience responses showing high levels of use and understanding of the medium. An RIAA commissioned report (Siwek, 2007) carried out in the United States by the Institute for Policy Innovation (IPI) suggest that online copyright infringement costs the industry $12.5 billion annually(online). It is fair to assume the the access to both legal and illegal digital musi c is affect the industry greatly but these figures are open to criticism for there bias. The research of Huang (2005) into file sharing as a means of music consumption through group interviews of college students concludes that music file sharing is now a facet of music culture from a social perspective. My studies have some support for this claim with even artists describing extensive p2p use and one actively embracing it as a means of propagation of his material. Mascheroni et al (2008) conducted a comparable ethnographic study digital television consumption. The study concludes that young viewers are capable of defining their relationship with media based on present developments in the field rather than existing paradigms and traditions, and in doing so perhaps goes some way to explain the findings of Huangs research on college students. In similar ethnographic profiling Harwood (1997) compared television viewing Robterns of different aged groups, finding that decisions are representative of perceived Ê »social identityÊ ¼. It is arguable that similar influe nces are at play in consumers interaction with digital music consumption and with the increasing convergence of digital content, user generated content, and the social influences aforementioned, copyright infringement and any repressions appear to have very marginal impact on consumption habits. Based on the highlighted works the interaction between consumers and the legal implications surrounding content access are likely to vary in line with social perception and experience led understanding of the field. The fact that the artists were so Robert about file sharing, their involvement with it and its potential for positive use, adds weight to the claim copyright regulations for digital music are past their prime and lacking in effectiveness. Unique Online Considerations Various possible explanations for the ways in which digital media access has changed consumption habits have been covered previously. Increased media access has inevitably led to increased temptation to use nodal connectivity for illegal file sharing, although if the enactment of this abuse is as widespread as the BPI and RIAA would like us to think is another matter. Borne out of this peer to peer system of file distribution new products are being brought to market that provide alternatives to illegal acquisition of content. Analysing the manner in which consumers access content and services online has led to , sophisticated modEmmang of the accessibility and demand for said content and services. AndersonÊ ¼s (2006) presents a long tail model which serves as an example of such studies. The model refers to online commercial distribution with the most popular and commercial, products at one end of the graph with the highest volume of sales. The graph extends to illustrate the alm ost limitless potential for online sales in specialist or minority markets. Fig i. Long Tail Model (Anderson, 2006) Anderson further sets forth an opinion that the broadening of potential promotion and distribution online has increasingly opened up more possibilities for for both artists and consumers. Applying the long tail theory, it is obvious that it proposes a different system of economics to the traditional retail sector. Adding to this the obvious advantages of products being available around the clock, often irrespective of regional restrictions and the idea of a new economic model is further strengthened. The ability to cover areas of minuscule interest with little additional overheads enables retailers to offer huge depth of choice as well as broadening the idea of ownership of content through streaming.. Clearly the economics of online commerce are very different to the traditional model, however the rules of engagement surrounding copyright are expected to fit both models. two is different, yet the laws of copyright remain the same. Illegal sharing of content is viewed as an infringement of rights and therefore a form of theft as attested by the RIAA. The case that eventually closed the late nineties file sharing platform Napster, as detailed first by Merriden (2001) and then Menn (2003) illustrates the ramifications and interest in the first high-profile case of file sharing. Speaking of Napster Wall states; The record companies proposed that the Napster system ripped off artists and would kill music, while they made the legal argument that Napster encouraged the infringement of copyrights they held. Napster countered by arguing that members of Napster were making fair non-commercial use of the rights already assigned with the original sale of the record that had been converted into mp3 files. (Wall 2003, p223) Continuing where the Napster litigation left off, cases between the industry and p2p networks are still widespread today, showing that the industry has moved on little in the intervening years. The Swedish prosecution and proposed imprisonment of the creators of infamous file sharing tracker The Pirate Bay (Johnson Kiss, 2009) is perhaps the highest profile case today and could be seen as the modern Napster. In an attempt to bolster the music industries grasp on digital distribution a number of new models have been brought to market., Many mobile phone operators worldwide now offer unlimited music bundles with cell contracts and the emergence of streaming services mentioned such as Last.fm and Spotify, are seen in the group interviews to have a positive influence on peoples adherence to copyright. Gerd Leonhard (with Kusek 2005 2008) is describes these services as Ê »feels like free.Ê ¼ Advertising and premium service upgrades present the creates potential for capitalisat ion of music. Spotify has been a particular success in Europe, with the BBC reporting figures that already 5% of its users have upgraded to a premium service, giving it some 320,000 users paying  £10 per month for its full offering (BBC, 2010, online). This small percentage provides and annual turnover in the region of  £38,400,000 excluding additional revenue provided by advertising, proving that Spotify is a serious force in the online distribution business without even launching fully in the United States. By looking at audience habits and interaction with both copyright and media we can see that the new media model and the traditional approach to distributing music are increasingly unable to keep up with the consumer driven demand for online services, leaving companies such as Spotify to move in and become a type of new music industry for the 21st century. The difficulty inherent to their role is that the copyright for the material they wish to distribute is often owned by o ne of their more traditional predecessors. Methodology In this chapter I offer justification for the effectiveness of my methods for the collection of audience and artist responses to their interaction with digital music copyright. I use two groups of participants; one younger (16- 25) as well as a group from an older demographic of consumers (40-65) with both groups being representative of consumers as well as two individuals representative of artists. As this study represents a small cross section of the many people who are involved in roles as both consumer and artist definitive conclusions solely gathered from my findings alone are difficult to ascertain. The value however, of conducting the comparative interview types, is the provided overview of responses, and how they interplay with the core arguments surrounding the debate. Work by Huang (2005) and Macheroni et al (2008) would suggest that younger audiences are less concerned about the implications of peer to peer sharing and thus more likely to use the distribution method. Using relative methods I build upon their work, highlighting and supporting claims by providing complimentary evidence and similar findings. HuangÊ ¼s (2005) use of groups interviews highlighted specific areas of interest with direct interaction with audience members, whilst MascheroniÊ ¼s (2008) research adopted ethnographic studies of online, as well as off line interaction in a more one to one manner. Due to the nature of copyright interaction online ethnographic study of users could be applied to researching users of file sharing services. The problem with this is the anonymity in this type of cinteraction, discussed by Watt, Lea and Spears (2002). Although there is potential for some light to be shed on how audiences share music online, it would be difficult to rationalise the reasons for this activity, providing little evidence to illuminate the reader on audience behaviour. My own studies, made use of extensive one on one interviews allowing unsigned artists a mouthpiece within the debate. The benefit of exposing the artists to the one on one interview process was expected to be a greater understanding and experience of copyright yielding technical data on the subject. This was then coupled with group based research. With guidance from Bertrand and Hughes (2005, p81), the group interviews, were expected to benefit from inter-participant discussion allowing some involved to make up in shortfalls of technical knowledge. As a well established means of audience research, group interviews can help garner natural responses from participants. It must always be considered however that these discussions do not take place in unmonitored environments and so must be viewed as having the potential to be polluted by the participants knowledge that what is being said is also being recorded. A particularly pertinent issue given the legal climate surrounding the issues covered. The legal aspect of my research may encourage participants to shy away from full, Robert answers, however the focus group environment should also foster greater candour and less inherently solicited responses than that of one on one interviews for instance (Boubour 2007) although the combination of the two means of study should have a balancing effect on the results. Research Findings Here I present the findings of my primary research investigating the interplay between copyright issues and digital music consumption. The material put forward here is the product of the two group interviews and two individual interviews with consumers and artists respectively. The discussions centred around the same key themes including the participants access to and use of digital music as well as attitudes and understanding of the related legal issues. Of particular importance for my study are responses they may have relevance towards legal the constraints and considerations surrounding the notion of digital music access. Providing the the structural basis of this chapter my aim is to discover any visible Robterns between the responses of the two types of interviewee. Consumption Listening Habits: The primary question for the interviews is one of use and involvement in digital music. It is essential to establish the extent, if any, to which the interview subjects interact with digital music content, irrespective of its origin. The following section examines participant music consumption routines and in particular, digital music consumption habits. Based on their replies, I address the stereotype that older audiences are less willing and able to undertake interaction with new delivery methods whilst isolating comparisons between the groups in other forms of music consumption. On broaching the subject of use of digital music with the older group, it was clear that most participants were involved and responsive to the means of content distribution. Many of the group cited the iPhone or iPod as an influence on their ease of access and enjoyment of digital music, proving Apple have a huge say in how this market is set to develop. either using mp3 players or their mobile phone to co nsume digital music. When the group was asked if they had access to a digital music player the response was as follows, Howard: Of course IÊ ¼ve had mp3 phones for a good 5 years now and players for a bit longer. Dominic: Yeah me too I would say, not the players but the phones, I use an iPhone for everything now. Howard: I still use my player for jogging though, I dont like to be bothered by phone calls but I still want my music with me. Most made some use of access to digital music on a regular basis. This helps to dispel the myth of a generation gap regarding digital media use as alluded to in the work of Mascheroni et al (2008). Although this establishes a commonality in usage of devices we are yet to establish meaningful connections between access and consumption habits. In the older group. The concept of digital music consumption representing the mainstay of their listening habits produced varied responses. For the older group the response was as follows: Dominic: For the car or the house I spose real music, sorry I should say CDs and stuff I spose, real music is normally what I go for. Robert: Yeah the same really. This is similar to the attitudes of both artists interviewed. Biometrix: Yeah its really all about vinyl for me but that normally means I have to rip the vinyl if I want to listen to it on my phone or anything like that Gecko: I collect all sorts of CDs and records, when we go on tour I normally come back with a pile of discs Ive either bought or been given. With the artists and the older audience still actively engaged in the acquisition and collation of music it is clear that there is still a space for tangible products within the music industry. Such observations are notably absent when dealing with the younger of the group studies. In this group there was evidence of a fractured landscape of media access with no commonly held method of consuming music. Youtube, Spotify and Soundcloud provide a number of feels like free options for home use along with the ubiquitous iPod/Phone, however the access to music was overwhelmingly digital amongst this group. It can be said that both groups access digital content in a number of ways, with the younger group being more selective and more aware of different delivery methods, perhaps indicated by the greater disparity in the services and methods of consumption they chose. Within this younger group, extensive different ways of acquiring digital music were referenced, including demonstrable evidence of LeonhardÊ ¼s (2008) Ê »feels like freeÊ ¼ streaming services such as Spotify and Last.fm. The following extract is taken from the opening stages of the younger focus group; MarT: Spotify, mainly. Youtube too, but there is much less music on there now and when you find something you like it gets deleted after a while for copyright stuff. Spotify have made it so easy and if they have pretty much everything so you can just go there, and if you canÊ ¼t find it aint on Spotify there might be a live version or something on Youtube but the quality is always ropey. The only bad thing about Spotify is that you get ads but its still free and its much safer than downloading audio files. Steve: Everything is so joined up on Spotify, like suggested artists and playlists and stuff, I spose its similar on Youtube, you can spend hours exploring. Claire: And you dont have to buy anything or give your card details over. Similarly both artists are avid users of Spotify amongst other streaming services: Gecko: I know the money is peanuts for getting played on there but it makes you accessible to so many people, some of them dont have enough money to pay for your album or your mp3 or whatever but the fact that they can still access it is important to grow as an artist. Its like playing a gig and barely making the petrol money to get home. We all do it but some of us are a bit more relaxed about the good it does for us. Biometrix: I use Spotify all the time, really its stopped me stealing a lot of music really. Its so much easier than actually downloading something so normally I just do that because I cant be bothered finding what I want and then waiting on it to arrive on my computer. Clearly Spotify offers an innovative model that can fit into both of MyÃ… ¡kaÊ ¼s (2009) subscription service model categories. A monthly fee can be paid to allow listeners to enjoy uninterrupted music without advertising and also allow access to feature rich content such as mobile streaming and offline listening, as well as Leonhards (2009) Ê »feels like freeÊ ¼ model that is funded by advertising. Of the myriad methods of media access identified, use of Web 2.0 music consumption models such as Spotify demonstrates a fall in favour of traditional peer to peer networks, contrary to the testaments of the recording industry (Siwek, 2007.) This goes some way to enforce the claims of Leonhard (2009) that these new, lawful access streams provide an attractive alternative to illegal downloading and also allay industry concerns about copyright protection. The interview subjects also cited the simplicity of these new methods in allowing them to locate music without the extensi ve searching that is commonplace with peer to peer access to media. Engagement with File Sharing: In this section, we assess the subjects involvement with the file sharing. I present rationalisation of the participants use or otherwise of file sharing networks and investigate their understandings and interactions with the legal ramifications of such actions. As the conversation developed, unexpectedly within the older group, many of the participants had used peer to peer services in the past, whilst perhaps their usage was limited, responses seemed mixed. Shaun: IÊ ¼ve used Megaupload in the past Yeah. Subscribed to that. We didnt download without our subscription, but now lapsed, I dont about the kids but yeah, Megaupload. I used to et a lot of other stuff there like films and ebooks so it was great. We can see that the participants have an understanding of file sharing as a concept, if not perhaps the finer points of nodal networking. There is an inference that by purchasing a subscription the subject considers themselves to have bought their downloads. This is however false and the subscription simply provides faster download speeds. The artists had a more sophisticated understanding of how rights related to downloading and sharing content, however it is notable that this greater insight did little to dissuade them from partaking in file sharing. Biometrix: Yeah I do download stuff, not as much as I used to but if theres something I cant find on Spotify or Soundcloud or that stuff then I will just go on a torrent site but I feel bad about it, I reckon, well I reckon because I think about what it would be like if the musicians were like me, just starting out or something. The guilt mechanism in this response shows a belief that the RIAA/BPI position is correct and that the copyright issues surrounding this kind of media access is universally illegal. This shows some support for the industry having a direct influence over peoples online interactions despite their diminished market share. One of the artists in particular also uses p2p sharing to promote and distribute their own material. Biometrix: I try to make a couple of free songs every month and put them on soundcloud for people to download. Its pretty much a thanks to all the people on Facebook, Soundcloud and Youtube who like my music and keep my profile hits high. I know theyre on the torrent sites but I dont mind, they were free anyway. This positive use of filesharing allows the artist greater exposure with virtual nil as an overhead, undercutting the top-heavy music industry and presenting the egalitarian model favoured by McLeod (2005). Responses to Legal Issues Industry Implications; This section aims to build on the responses in the previous section by filling out the subjects understanding of the legal issues involved with file sharing. Particularly noticeable in these answers is the difference between the artist and audience categories. As mentioned earlier there have been many examples of litigations against providers of p2p services, such as the media-circus trial of Ê »The Pirate BayÊ ¼ founders. Whilst the audience groups had little knowledge of such cases the artists seemed far better versed in what was going on within the industry to shape the distribution of music. Biometrix: Yeah, IÊ ¼ve know a lot about it actually The pirate bay have been found guilty of copyright abuse and theyre appealing their jail term now I think. Its a pretty big deal, all of the big film companies have been after them. The site is still going though, so it doesnt seem to have done much good does it? Gecko: Pirate bay is huge. Its not just pirating things, they do all sorts, politics and freedom of speech stuff and all of that. I think it was started by activists but I dont know whos involved nowadays. As soon as something gets taken off it seems to come straight back up. Loads of people use it. Infringement and theft are put forwards by McLeod as tactics to enforce the monopoly of the recording industry. Of the subjects opinions on the significance file sharing has for the music industry, the various subjects displayed an array of responses. The following extracts are taken from the older subjects; Dominic: Small bands dont have a bean basically. Those are the people you are robbing off, not the execs or anything. Emma: They must be getting paid somehow, the music is still out there. Robert: But the money doesnt go to the band. This passage underlines the fact that members in this group believe that the majority of income for musicians, particularly less prolific artists, is provided by their record sales. This understanding of the revenue streams available to music industries also demonstrates a finely tuned understanding of what the Ê »music industryÊ ¼ entails. Williamson and CloonanÊ ¼s (2007) arguments against the wide spread use of the term, based on my findings, suggest older generations are indeed more inclined to understand the term equating to the recording industry. The actions of the recording industries and the responses from audiences can be seen as an example of Michel de CerteauÊ ¼s idea of Ê »strategies and tacticsÊ ¼ (1984). The strategies of the power structures within the relationship, in this case, the industries retention of traditional retail models and the discourse that it equates to the music industry (BPI, 2009), in contrast to the tactics of audiences. This investigation finds between age demographics the response tactics identifiable and noticably different. The older group creates their own space through a sceptical approach to recording industry practices, methods of media access and opinion demonstrate stronger ties with the recording industry discourse crime and punishment. The both the artists and younger group members seemed much more separated from these established means of operation, shown in their symRobhy for file sharing, anti-corporate comments and reluctance to trust established regulations regardin g copyright infringement. Based on the findings outlined above, the suggestion is that audiences are highly aware that there are legal implications surrounding the sharing of files, but their opinions and responses to the validity of these implications are generationally split. The evidence provided by the younger demographic of both audience and artists provides support for the views of McLeod (2005) whereas the older group demonstrated a much more accepting response for the necessity of copyright legislation as a protection against theft. Applying music retail and commerce theories presented by Anderson (2006) and Dubber (2007), most of the participants appeared to be informed of the changes online distribution was experiencing, although there was rejection of the industrys reluctance to develop progressive content access agreements along with them. The divergence of opinion in the application of rights enforcement between the two groups adds weight to the arguments presented by Garofalo (2003), acting to s et the balance between the two sides of the rights argument, preventing the financial exploitation of free music, whilst also managing a free channel of access to consumers. Conclusion It can be established from the results of my investigation that audience and artist opinions are divided on the justifications for rights protection and the enforcement thereof in relation to digital music access. Whilst there is clear evidence of a move towards digital media consumption, there is a distinct generational gap in the manner in which different age groups access music digitally. Older generations seem to fall into line with traditional models of product capitalisation, purchasing physical formats and viewing transgression of copyright online as theft. Younger subjects more immersed in digital media and having grown up during the internet gold rush have a far less strict attitude to the acquisit

The Great Gatsby :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Francis Scott Key Fitzgerald, author of The Great Gatsby, was born on September 24, 1896. He later became one of the world known authors by having his books translated to different languages and printed.. He was often described as the drunken author, or the ruined novelists at the time. Yet, his books attract attention of people who have read his books that he has written. Fitzgerald used the American Dream, past relationships with love, and the people in his life, to create The Great Gatsby, that became one of the best books written during the Jazz Age.   Ã‚  Ã‚  Ã‚  Ã‚  First of all, The Great Gatsby introduces more of the American Dream and hope of wealth. For example, when Fitzgerald was a youngster, he fantasized that he was rich and had a life of ease (Oxford 44). Fitzgerald’s dream for wealth and happiness was something that meant a lot to people of that time. He sees it as the key to his future, making life for him better. In addition, Fitzgerald’s omen was the loneliness of Gatsby pursuing his impossible dream (Kazen K2). Gatsby was rich, but his life wasn’t complete, he was missing something in his life. Soldiers of past wars enjoyed The Great Gatsby because of Gatsby’s dream and will. All in all, Fitzgeralds use of the American Dream was very successful.   Ã‚  Ã‚  Ã‚  Ã‚  Secondly, Fitzgerald used this experience with love to create emotion in his books. For instance, Fitzgerald was determined to win the heart of a young lady named Zelda (Oxford 46). He used this in The Great Gatsby to show the devotion of Gatsby’s love for Daisy. By doing so Fitzgerald creates a romantic theme in the story. Later in time, Fitzgerald found that Zelda was having an affair with another man (Oxford D7). Once he found out, his life was not the same anymore. He became an alcoholic full with problems in his life. I believe this is where Tom Buchannon’s relationship with Daisy became a reality to him. To sum it up Fitzgerald felt love and pain and expressed it in his works of literature.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Finally, Fitzgerald experienced influences throughout his life, which changed his future. Particularly, Father Sigourney Fay was the one who gave advice and wisdom to him (F. Scott Fitzgerald 679). Father Fay was someone who watched Scott and told him what was right and what was wrong in life. His advice and help gave Fitzgerald the sense to achieve high goals and dreams. In addition, he was successful as a novelist, but was corrupted by his lifestyle (F. Scott Fitzgerald 683).

Evaluating E-Commerce Strategy Development within Organisations Essay

Background The news about the â€Å"New Economy† has triggered many entrepreneurial ventures to exploit on the electronic commerce (e-commerce) opportunities. Ventures such as Amazon and eBay have received significant media attention and investor optimism about the potential of e-commerce. Now that the smoke has settled, both management and academic research have become interested on the impact of e-commerce on those companies that have supplemented their brick-and-mortar outlets with e-commerce initiatives. Several researches have emerged on effect of e-commerce on organisational strategy. Tapscott et al (1998) discusses the organisational changes created by B2B e-commerce and the benefits of deploying e-commerce within the organisation. O’Connell (2000) discusses the effect of e-commerce in the organisational structure in light of the resource-based view and transaction cost theory. E-commerce has been seen as improving efficiency, communication and lowering costs across business processes (O’Connell, 2000; Krovi et al., 2003; Garicano and Kaplan, 2001). In addition, researches have also shown the influence of e-commerce on brand management. Wind & Mahajan (2001). discuss how the competitive environment is changing with the increasing number of Internet users and how the new technology is redefining the marketplace. The research presented a conceptual framework delineating the drivers and outcomes of marketing strategy in the context of competing in both physical and electronic marketplace. Part of the emergence of electronic marketplace is the ability of organisations to offer highly customized products to consumers, and the capability to build and to manage customer relationships (Brown, 2000). The aim of the research is to investigate the way in which an organisation develops its electronic commerce strategy over time in light of existing strategic approaches and development found within related literature. The research particularly looks into Marks & Spencer e-commerce strategy as the case study for the research. The research looks into how Marks & Spencer has developed and implemented its e-commerce strategy. Drawing from strategic management theories, the research specifically focuses on the how an e-commerce strategy is grounded on reducing transaction cost within the organisation and across the value chain. Furthermore, the research also looks into the importance of relationship marketing and how e-commerce is providing organisations with the necessary technology to achieve seamless exchange of information and reduced costs. Strategically, the adoption of e-commerce within an organisation hinges on these two important strategic management theories. In addition, the research is confined within the business-to-consumer (B2C) market, since business-to-business (B2B) relations are frequently characterized by a small number of customers and a strong emphasis on personal contacts between customers and salespeople as their means of marketing communication. Therefore, the research focuses on how consumers view their shopping experience within an e-commerce site, particularly Marks & Spencer. The Overview of the Study   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The remainder of this study is as following statement:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Chapter 2, Literature Review, will provide a concise concept and explanation of electronic commerce within retail organisation. The review of related literature discusses the concept and application areas of e-commerce within organisation. The review will also tackle the important strategic management concepts such as transaction cost theory and relationship marketing and how e-commerce is enabling organisations achieve increased efficiency, improved communication, and lower costs across its value chain. Chapter 3, Methodology, will describe the research design of this study. The research design of this study is empirical research method using secondary data for quantitative analysis. Chapter 4, Results, will demonstrate the results of this study.   At first, the descriptive statistical data such as maximum, minimum and mean, on the consumer’s perspective on the different service attributes of e-commerce site for Marks and Spencer. Chapter 5, Summary, Conclusion and Recommendations, the â€Å"Summary† section will first provide a comprehensive summary of the major findings of this study. The â€Å"Conclusion† section will highlight the implications of the research findings. Finally, â€Å"Recommendations† will be proposed to help companies to utilize the importance of electronic commerce in their strategic assessment.   In next chapter, related researches in electronic commerce will be reviewed CHAPTER 2: LITERATURE REVIEW Electronic Commerce According to the International Engineering Forum, e-commerce is â€Å"an emerging model of new selling and merchandising tools in which buyers are able to participate in all phases of a purchase decision, while stepping through those processes electronically rather than in a physical store or by phone (with a physical catalog). (online International Engineering Forum)† E-commerce enables a customer to access product information, select items to purchase, purchase items securely and have the purchase settled financially.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   While the notion of e-commerce as the ability of organisations or a person to sell over the Internet is very popular, the research paper will adopt the definition of Organisation for Economic Co-Operation and Development (OECD). E-commerce can be defined as â€Å"the total of all applications that pertain to online communications and transaction (OECD, 2000).† The definition better suit our purpose of discussing e-commerce in the context of strategic management. The research views e-commerce holistically, which encompasses the communication between organisations and customer over the Internet, the completion of one-time or on-going online transactions, and e-CRM systems.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The emergence of e-commerce in the retail sector is one of the most widely adopted and anticipated development in the industry. Following the success of Amazon, many brick-and-mortar retailers jumped into the dot com bandwagon and established their online presence in the World Wide Web. Many have adopted e-commerce capabilities out of a fear of falling behind competitors or as a result of the general momentum to expand the use of an existing Internet presence. Nonetheless, the main value proposition for organisations adopting an online presence is the prospect of increasing revenue from new markets and using a lower-cost, electronic-distribution channel (online International Engineering Forum).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With a strong demand from organisations in creating an online presence, internet service providers (ISPs) have begun to offer electronic-commerce hosting services. ISPs often position as a outsourced service provider of the customers’ electronic-commerce capabilities, managing the networking and server aspects of the initiatives. Such services are important consideration for the roll-out e-commerce sites as it allows organisations to leverage on the expertise of ISPs and allows organisations to concentrate on their core businesses (online International Engineering Forum).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   From the customer’s perspective, the main benefit of an e-commerce system is the convenience it brings to consumers, who are constrained by busy schedule and numerous activities. The e-commerce system enables a customer to locate and purchase a desired good or service over the Internet when the customer is ready to make the purchase. Its function is synonymous to a virtual store (online International Engineering Forum).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   From the merchant’s perspective, the e-commerce system enables the organisation to take advantage of the strengths of online store and increase revenues. One of the key benefits of implementing an online store is the capability to cover greater market reach and a complementary distribution channel to its existing brick-and-mortar stores. However, in order to effectively implement an e-commerce strategy, the e-commerce system must recreate or utilize existing data and business processes. The merchant must recreate the same shopping experience in its online store providing in-store assistance, secure payment process, catalogs and prices about the products and services, inventory management, and transaction capabilities (including credit authorization, tax computation, financial settlement, and shipping) (online International Engineering Forum).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Furthermore, e-commerce not only allows merchants to take advantage of market reach, but it also enables merchants to redefine and enhance an enterprise’s brand strength, customer-service capability, and supply-chain efficiency. An e-commerce site is one of the areas of an enterprise infrastructure that is open to customers via the Web, but it is linked with other information system of the enterprise value chain (online International Engineering Forum).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In implementing an e-commerce site, provision of the basic system requires an Internet connection, a Web-application server and e-commerce application software, and a personal computer for the shopper. Figure 1 illustrates the basic economic drivers and application requirements of an e-commerce marketplace. On the buyers side, consumers are driven to the online retail store through advertisements, interesting features, needed information, and directory. On the sellers side, merchants are driven to the online space because of its ease of entry, increasing website traffic, ability to sell and integrate marketing messages (online International Engineering Forum). Figure 1. Business Drivers in e-commerce strategy E-Commerce Strategies and Business Drivers A number of initiatives implemented within an organisation are driven by a market need. All industries are characterized by trends and new developments that gradually or speedily produce changes important enough to require a strategic response from participating firms. The popular hypothesis about industries going through a life cycle helps explain industry changes but is still incomplete (Porter, 1980 p. 157-162). The life-cycle stages are strongly keyed to changes in the overall industry growth rate (which is why such terms as rapid growth, early maturity, saturation, and decline are used to describe the stages). Yet there are more causes of industry change than an industry’s position in the life cycle (Porter, 1980 p. 157-162). While it is important to judge what growth stage an industry is in, there’s more analytical value in identifying the specific factors causing fundamental industry and competitive adjustments. Industry and competitive conditions change because forces are in motion that create incentives and pressures for change (Porter, 1980 p. 162). The most dominant forces are called driving forces because they have the biggest influence on what kinds of changes will take place in the industry’s structure and competitive environment. The Internet and e-commerce opportunities are unquestionably spawning a sweeping business revolution that altered industry boundaries, opens up all kinds of new business-to-business (B2B) and business-to-consumer (B2C) market opportunities and threats, sparks competition from new and entirely different breed of enterprises and mandates fundamental changes in business practices (Thompson and Strickland 2001).   In his book The Business of E-Commerce: From Corporate Strategy to Technology, Paul May discusses four business drivers for adopting an e-commerce strategy. First, organisations have the compulsion to catch up with competitors or to gain competitive advantage by being early adopters of the new technology. Organisation’s constant pursuit to gain competitive edge in the marketplace is a primary concern and part of a survival component in the business strategy. Second, organisations need to develop a credible e-commerce channel from its current online portfolio. Third, organisations are constantly looking for ways to reduce cost and increase efficiency within its value chain. E-commerce can be a creative force in delivering reduced transaction cost, increased communication and coordination, and improve business processes. Fourth, e-commerce enables organisations to improve its value chain by creating strategic supplier partnership and delivering customized customer solutions. It allows organisations improve business’ infrastructural capabilities to play as an extended enterprise and not merely a single business entity delivering greater value to its customers (May, 2000). Each of these drivers can be harnessed as a propulsive force for the business, rather than a deflective or immobilizing one (May, 2000). Application areas of E-commerce Six key emerging application areas in electronic commerce can be identified. It can be organized into two important domains: business-to-consumer (B2C) and business-to-business (B2B). The application areas include categories in consumer retailing to real-time business-to-business collaboration (May, 2000).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Retailers were the first adopters of the business-to-consumer e-commerce. Retailers found selling products and services online as a promising channel of distribution for its products and reaching new markets. Nonetheless, B2C e-commerce is now more diversified and classified into three application areas which include retail, auction, and advice (May, 2000). The three application areas of B2C e-commerce are retail, auctions, and advice. Although each has its own distinguishing characteristics, and dynamics, a consistent theme underlies the development of all three. This is the increasing â€Å"busy-ness† of consumer lifestyles: the extension from work life into private life of a culture of ever-decreasing time-frames and ever-increasing obligations. Lack of time and complexity of choice drive the growth of products and services in each of these areas (May, 2000). Business-to-consumer is a term that stresses the direction of delivery: B2C e-commerce is supposedly something done by business to consumers. Yet this domain is founded on intense customer focus. Insight into the conflicting desires and pressures affecting consumers is a powerful ally in building successful strategies in this highly competitive area (May, 2000). Business-to-business, on the other hand, is the umbrella term used to refer to transactions between businesses conducted online, and the business networks and supply chains that make these transactions possible. While B2B activity has always, taken place, the Internet brings with it a new framework, B2B companies no longer need to depend on the traditional one-to-one model for business transactions (Michel, 2003). Procurement, inventory exchange, and real-time collaboration are relatively obscure categories of application, which have the potential to flip many businesses inside-out. Procurement introduces process improvements in the buying functions of organisations and also points the way to a more competitive environment in inter-company trading. Inventory exchange introduces the mechanism of the market to smooth out supply and demand inefficiencies across entire value chain, potentially lowers transaction and carrying costs, and focuses on improving exchange of supplier information. Real-time collaboration allows organisations to cooperate as fluid colonies of actors, undermining the stability of companies who prefer hands-off relationships or who prefer their reality-checks to be presented monthly (May, 2000). e-Commerce application in Retail Industry Retailers are now increasingly adopting electronic commerce as another distribution means of selling products and services. Online channels have also proved increasingly popular amongst retail companies within other formats such as hypermarkets or catalog retailers, who have attempted to expand into the sector to escape from stale growth within their respective markets (Datamonitor 2006). Datamonitor estimates the global Internet retail sector valued at $656.4 billion in 2005, representing a compound annual growth rate (CAGR) of 30.3% over the 2001-2005 period. The estimate is based on the total revenues generated through the sale of retail goods via online channels, valued at retail selling price, with any currency conversions calculated using constant 2005 annual average exchange rates (Datamonitor 2006). With the number of Internet users increasing exponentially year-on-year, the industry has experienced strong global growth within the global Internet retail sector. Much of the demand for online purchases is due to the escalating number of working mothers and time-starved consumers who are conveniently seeking ways of shopping without the hassle of driving to a retail store and falling in-line (Datamonitor 2006). At present, drugs and health & beauty aids are the sector’s most lucrative segment in 2005, accounting for a total of $154 billion in total revenues or 23.5% of the retail sector’s total value. Computer, hardware, software, and supplies contributed significant revenues in 2005, generating $114.9 billion in revenues or 17.5% of the sector’s total value (Datamonitor, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   While analyst do not see a similar spectacular growth in the global Internet retail industry, experts still is optimistic the pace of revenue expansion for the next four years. Industry experts project to the expansion of industry to remain strong valuing the industry at $1.169 trillion by 2010. This translates to 12.2% CAGR over the 2005-2010 period (Datamonitor, 2006).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In terms of revenues generated per region, Datamonitor reports that Europe has the largest market share in the global Internet retail sector with 44.4% of total value, followed by the United States and the Asia Pacific with 22.5% and 21.7% respectively (Datamonitor, 2006).

The Computer Crime Law in Ireland

Criminal law varies in different countries and temp to deal with computer–related crime. Due to the ever-changing and the sophisticated form of information technology, new type of computer crime surfaces everyday and is threatening the functionality of the system as an asset of a borderless information society. In order to manage and protect this vibrant digital age, new legislation is also put in place to combat these crimes. The existing laws might have been suitable for the old traditional computer crime; the use of a mobile device to denial your keylogg access to your car may have no legal reference in any formal computer crime law. This paper will point out some of the known legislations that exist in Ireland and the EU relating to computer crime, and the awareness in a computer forensic discipline. Introduction With the vast amount of business documents being written on computers, the popular use of email, transaction of business on the internet, computer keep most civil litigation evidence that exist in our present day. It is unimaginable for any business of a sizable scale to function properly, these days, without the use of computer or any form of computing device. Unfortunately, what was designed to help solve almost all problem that exist, (being social networking, e-commerce, entertainment, personal dairy, communication), is posing a great threat to the society that should benefit from it. Imagine a company that buys used cars online and re-sell them to make profits, provides its employees with fast internet access. An employer search through the usual websites and found an interesting car at cheap price, instead of doing the transaction unbehalf of the company, he bought the car for himself. The manager saw him with the car the next day and raised suspicion. He then consulted a forensic investigator to handle the case. Special procedures may have to be carried out during a computer forensic investigation in order that any information gathered is eligible for use in a court of law. The investigation revealed that he used his account to log on to the work computer for the deal during working hours. The investigator found something else, a child pornographic material on his computer. Is this a computer crime? r an abuse of company’s policy? , or something else?. Would the evidence found by an investigator contracted to do one job but did more be accepted in the court, if indicted? Would the Irish Data Protection Act of 1988 protect his secret from prosecution? or face Child Traffic and Pornographic Act 1998? Due to the fact that computer crime is generally new, specialized legislation is in place for some computer and digital specific criminal behaviour, and forensic investigators should be aware of this. The Irish Computer Crime Law The Irish Legislations that are relevant in the area of computer crime are the Criminal Damage Act, 1991, and the recent Criminal Justice (Theft and Fraud Offences) Act, 2001. The Criminal Damage Act, 1991, Section 2(1) introduced the offence of damage to property, defined as – â€Å"a person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property should be damaged is guilty of an offence†. Property includes data and damage to data includes the addition, alteration, corruption, erasure, or movement thereof, or introduction of a virus therein, which causes damage. It shall be noted that the offence requires the absence of â€Å"lawful excuse† and, in addition, requires the accused to act with intent or recklessness. Summary conviction or on indictment carries different penalties. On summary conviction the penalties are a fine of up to â‚ ¬1,270 or imprisonment for up to 12 months, while on indictment; the penalties are a fine of up to â‚ ¬12,700 or imprisonment for up to 10 years, or both. The 1991 Act introduced a range of offences. Section 3 of the 1991 Act introduced the offence of threatening to damage property and Section 4 introduced the offence of possession of any thing with intent to damage property. Both carry the same penalties as a Section 2 offence Section 5 then introduced the offence of operation of a computer with intent to access data without lawful excuse. The offence is efined as – â€Å"a person who without lawful excuse operates a computer within the State with intent to access any data kept either within or outside the State, or outside the State with intent to access any data within the State, shall whether or not he accesses any data, be guilty of an offence†. The penalties on a conviction offender are a fine of up to â‚ ¬634, or imprisonment for up to 3 months. The recent update in Irish legislation, regarding computer-related crime in Ireland extends the previous Act and introduced the Criminal Justice (Theft and Fraud) Offenc es Act, 2001. The 2001 Act introduced various new offences into Irish law, most importantly, the Act which appear under Section 9. Section 9 states – â€Å"a person who dishonestly, whether within or outside the State, operates or causes to be operated a computer within the State with the intention of making a gain for himself or herself or another, or of causing loss to another, is guilty of an offence†. This section introduced the concept of â€Å"dishonesty† into Irish computer related crime. The offender can be located either inside or outside the State and is required to act dishonestly, meaning â€Å"without a claim of right made in good faith†. The operation of a â€Å"computer† is required. The ever-increasing development of technology available to commit crime over the internet requires international co-operation beyond ordinary domestic legislation. Section 9 of the 2001 Act, which aim at a person, â€Å"whether within or outside the State†, point out the possibility of jurisdictional issues that comes up, and has allowed the courts to try an offender irrespective of their location at the relevant time. operates† physical machine must be operated from the state or cause to be operated; doesn’t require physical control of the machine, can be remotely controlled outside of the state. Section 9 of the 2001 Act, the presence of intent is required, that could relate to the unauthorised access of another’s computer or, alternative ly, authorised access of a computer for unauthorised purposes bad faith use e. g. DOS. The intention must be to make a gain, whether for himself, or herself, or another, or, alternatively, to cause a loss to another. This carries a more severe offence than existed law under the 1991 Act. An indictable offence that carries a potential fine of unspecified amount, or maximum of 10 years in prison, or both. Privacy and Data Protection Even if the Irish Constitution of 1937 does not clearly state the right to privacy, in the Kennedy & Arnold v Ireland [1987] IR 587, the Irish court recognised the existence of this law. Article 8 of the European Convention on Human Rights provides that: †¢ Everyone has the right to respect for his private and family life, his home and correspondence. †¢ There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. The Irish Data Protection Act 1988 was passed on 13 July 1988, and implemented on 19 April 1989. This Act established the Irish Data Protection Commission. The Irish legislation was updated in 2003 by the Data Protection (Amendment) Act, which incorporates Directive 95/46/EC into Irish law. The law means Data protection is about your fundamental right to privacy. You may access and correct data about yourself, but those who keep data about you have to comply with Data Protection Act. An individual or an organisation that collects stores or processes any data about living people on any type of computer or in a structured filing digital system, found guilty of an offence under the Acts can be fined amounts up to â‚ ¬100,000, on conviction on indictment and/or may be ordered to delete all or part of the database. There are two major sections in 2003 Data Protection amendment; (1) Manual data which are held in filing systems, that is data that is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system. (2) Relevant filing system means that the set is structured in such a way that specific information relating to a particular individual is readily accessible