Microsoft Corporation facing antitrust claims

Microsoft Corporation facing antitrust claims On May 18, 1998, Microsoft, the largest computer software manufacturer in the world was sued on a number of antitrust allegations. The allegations ranged from violation of various sections of the Sherman Antitrust Act to Microsoft illegally attempting to monopolize the internet browser market.Advertising We will write a custom essay sample on Microsoft Corporation facing antitrust claims specifically for you for only $16.05 $11/page Learn More It was also alleged that Microsoft had illegally monopolized the operating systems market for personal computers whereby it had anti-competitively bundled its windows operating system with its Internet browser, Internet Explorer. These allegations arose due to Microsoft which had monopoly power misusing the market influence it possessed in order to dominate the market. It was also alleged that Microsoft had made some anti-competitive and illegal contractual arrangements with various internet service providers and compu ter manufacturers and was also involved with other illegal actions and also discouraged its competitors to penetrate into the market through the utilization of application barriers hence creating a monopoly in a bid to strengthen its grip on monopolizing the market (U.S. Department of Labor n.d.). The United States department of justice petitioned the District court to find in civil contempt the Microsoft Corporation. Judge Thomas Penfield Jackson issued an injunction that stopped the putting together of windows and internet explorer. This preliminary injunction was however overruled by DC Circuit Court of Appeals on May 12, 1998 citing that the 1995 consent decree did not apply to windows 98. â€Å"The argument for this course of action was that, the limited competence of courts to evaluate high-tech product design and the high cost of error should make them wary of second-guessing the claimed benefits of a particular design decision’’ (DeCarlo, 2003). On issuing his ‘conclusions of law’ Judge Jackson on April 3, stated that Microsoft was guilty of an anti-competitive tying of Internet Explorer with windows and also liable for monopolization but also found that Microsoft did not hinder the distribution of Netscape through its contracts. Judge Jackson on June 2000 found that, Microsoft enjoys the largest and most stable market share thus having a monopoly; it also used its power as a monopoly to eliminate its competitors from accessing personal computers’ operating systems, Microsoft’s actions were also deemed to have harmed consumers.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The judge also found that the antitrust market is the personal computer operating systems market for the computers that are compatible with Intel. The judge also noted that the ‘applications barrier to entry,’ is what protect ed Microsoft’s monopoly. Judge Jackson also observed that despite the fact that its contracts had various anti-competitive implications, Microsoft was however not guilty of any anti-competitive contracts that would hinder Netscape’s distribution (Mallor et al 2010). In my opinion, should Microsoft windows split with internet explorer, the company would be at a disadvantage since it would suffer a hefty loss which they had previously enjoyed good sales from. This would in turn give a fighting chance to the other players in the field to gather up a market share from Microsoft which would hurt their profits and control of the market and should the ruling on bundling not be reversed, Microsoft could easily loose grip of their customers. Due to antitrust uncertainty, Microsoft has also had a 40% drop in their stock price. The other issue at hand is the continuous antitrust lawsuits that Microsoft is about to face in the near future should the ruling be withheld and this is a key factor that spells a series of other antitrust lawsuits against other key players in the computer industry. References DeCarlo, D. (2003). Exclusive remedy in a nutshell. CBS Interactive, Inc. Web. Mallor, J., Barnes, A., Bowers, T. Langvardt, A. (2010). Business law: The ethical, global and e-commerce environment. New York:, NY: McGraw Hill/Irwin.Advertising We will write a custom essay sample on Microsoft Corporation facing antitrust claims specifically for you for only $16.05 $11/page Learn More U.S. Department of Labor. (n.d.). Occupational safety health administration. Retrieved from https://www.osha.gov/about.html

Information Systems Essay Example | Topics and Well Written Essays - 2000 words - 2

Information Systems - Essay Example It makes switching cost or consideration of an alternative costly that it discourages customers to switch to another system. The classic example we can cite is SAP procurement system. The program is being used by many big businesses across the globe that includes industry leaders such as BMW, Ericsson, BASF Corp., Audi, Burger King, just to name a few. SAP markets its product to its customers by stating that it could â€Å"boost contract spending and and enforce compliance with procurement guidelines† (SAP, 2012). The â€Å"contract boost spending† just meant that its potential customers will have more business because it will lock in their clients to their business and will make it extremely costly for them to find an alternative because the present system (using SAP) reduces procurement cost by â€Å"automating, simplifying and accelerate the business’ procure to pay process for goods and services (SAP, 2012). It thus emphasize operational efficiency that the consideration of an alternative would be prohibitive in terms of cost, human resource and time spent looking for another supplier because SAP will already streamline the purchase of goods and services. In other words, the system (SAP) will make the products and services exchanged between suppliers and customers to be cost effective or cheap as long as the customer will buy solely from the supplier that uses SAP. To further simplify how informational technology lock in the relationship between the supplier of goods, services or information and its customer, we can further cite the popular computer tablet of Amazon which is the Kindle Fire. Kindle Fire makes a good case of how a supplier locks in or lures its customer it uses this to differentiate itself from its dominant competitor, iPad of Apple. Amazon knows that it has the advantage of deep informational database over Apple which is its online bookstore Amazon and would like to capitalize on this advantage to take away Apple iPadà ¢â‚¬â„¢s market share on the computer tablet business. Instead of offering numerous apps and competing with the technical features of iPad which Amazon knows it cannot measure up, Amazon instead offered numerous books and magazines for free with their Kindle Fire and will sell the same if a customer will purchase them using the iPad. It is short of saying that many books and magazines are free if you buy Kindle Fire and it will cost you a lot if you buy iPad. In addition, Amazon also offer their Kindle Fire way cheaper than Apple’s iPad and market it more as a book and magazine reader to differentiate from iPad. Above all, Amazon also offers unlimited cloud storage for books and magazines for free that was procured from Amazon. In the same vein, the same services of cloud storage will cost a lot if customers will buy it from their iPads because they have to buy the books at premium prices from Amazon which were free with Kindle and they have to pay again if they want to save it in Amazon’s cloud storage. In the examples stated, it showed that informational technology is not just used to make business efficient, but also made as a tool to keep existing customers and make the alternative costly for them. Information technology will not only make switching costs expensive but could also be used as a strategic capability that would serve as a barrier to new entrants into its markets. The classic example we can use to illustrate how companies make

Optical systems Essay Example | Topics and Well Written Essays - 3750 words

Optical systems - Essay Example This report also discusses the future prospects of this technology. As shown in figure 1, plastic optical fiber is huge central step-index fiber and its diameter is equal to 1 mm (millimeter). Hence, its huge size allows it to easily combine lots of light coming from various connectors and sources with less precision. In this scenario, the prices of standard connector are between 10% and 20% for glass fibers as well as closure is also as easy as cutting with a razor blade. In view of the fact that it is coated with the plastic so it makes it easy and rugged to install and connect deprived of fear of loss or damage. (The FOA, 2008; Paschotta, 2014) However, one of the major drawback of this media is that its performance is much lower than glass fiber. Additionally, its bandwidth is limited as well as it has a connection loss of approximately 0.15-0.2 dB per meter at 650 nm. On the other hand, it works fine when it is used for running short connection, for instance within a place for desktop connections up to 50 meters or inside of instruments. In this scenario, its most excellent usage is seen in automobile industry in which it has expanded a position with the innovative Flexray and MOST networks (The FOA, 2008; Paschotta, 2014). Its proven effectiveness for small distance connections make it an excellent choice for desktop LAN connections. For such connections, it can be installed in a few minutes with negligible training and tools. In future, it can be expected that its bandwidth will exceed to considerable level. However, its cost is reasonable as compared to copper. In fact, standards groups are currently looking at various choices for plastic fiber optics. It is believed that POF can be the following practical desktop connection (The FOA, 2008). Normally, the transmission is carried through fiber optic systems in the digital format. In other words, this transmission is sent and

Student Assessment Essay Example for Free

Student Assessment Essay A current policy issue that is plaguing our educational system is the emphasis put on student assessments. Teachers are at odds in their classrooms on whether to teach the necessities that students will need to be productive in our society, to simply teach what will be tested on state and federally mandated assessments, or both. Teachers are forced to find a balance within their instructions due to the time restraints that stand in their way. When teachers are able to find this balance and present all the concepts that are included in assessment, plus all other concepts, the results from the assessments can be very beneficial to their classrooms. Assessment results have important implications for instruction. The primary aim of assessment is to foster learning of worthwhile academic content for all students (Wolf, Bixby, Glenn, Gardner, 1991). School communities use assessment results in a formative way to determine how well they are meeting instructional goals and how to alter curriculum and instruction so that goals can be better met. But if what schools assess and how schools assess do not match what is taught and how it is taught, then the results are meaningless, if not potentially harmful. Theres also potential for harm when decisions affecting students futures are being made based on results of assessments made with tools that are not appropriate for the purpose. Some schools are attempting to change assessment to match the content and format of instruction, and are therefore relying more upon alternative assessment. Alternative assessments include performance-based assessment, portfolios, student-designed assessments, etc. , and are considered by many educators to be more reflective of new curricular goals and methods of instruction. Some educators view alternative assessment as a better way to determine how well students are learning traditional forms of assessment like multiple choice tests. Alternative forms of assessment might best serve some of these purposes while more traditional forms could still serve others. Regardless of the purpose, however, the form of assessment used must reflect a teacher’s instructional goals and must be of high technical quality. (White Fredericksen, 1994) Alternative forms of assessment require knowledge and skills that most teachers have not had the opportunity to learn, which in fact poses another issue with these types of classroom assessments. Without the knowledge and skills, teachers will be doing their students a disservice by conducting faulty assessments. Providing teachers with the time that is essential for learning is necessary to making changes in assessment practices. Teachers need time to produce and implement the assessments. Teachers also need time to work with one another to share ideas and reach consensus because integrating instruction and assessment requires coordination. Alternative assessment will not be effective if it is added to the list of responsibilities for teachers. (North Central Regional Educational Laboratory, 1991) When assessment results are used to make important decisions, there is a danger that instruction will narrowly focus on what is assessed while other important curricular goals and content are neglected (Romberg, Zarinnia, Williams, 1989). All assessments include only a sample of the total content contained within a curriculum. Critics of multiple-choice tests, for example, suggest that the skills usually assessed by multiple-choice testing become the focus of instruction at the expense of more substantial content. Alternative assessment presents a solution to this situation by ensuring that the content of the assessment matches the most important content in the curriculum. However, regardless of how much the content of an assessment is improved, when teachers narrowly focus on what is tested, the assessment results will only reveal the students learning of the test content, not whether they could perform a related task in a different environment. For example, if instruction is focused on a skill that is a test requirement, the results of the test will reflect only the students performance in a testing environment, not his/her general ability to perform that skill in everyday settings. This limitation is primarily a concern in large-scale districts or state testing situations where important decisions are based on a limited sample of student performances. The most important factors in determining the technical quality of assessments are the assessments’ reliability, validity, and fairness. If the quality of an assessment is not ensured, grouping practices, and coverage and pacing decisions may be based on invalid estimates of students capabilities. Sometimes grouping decisions can reflect or reinforce racial and socioeconomic inequities, or the decisions might be based on prior achievement that was artificially low due to past limited opportunities to learn. If all students have not had an equal opportunity to learn, then grouping and pacing decisions based on test results are unfair. (North Central Regional Educational Laboratory, 1991) Good assessment requires minimizing factors that could lead to misinterpretation of results. The criteria for meeting this requirement are reliability, validity, and fairness. Reliability is defined as an indication of the consistency of scores across evaluators or over time. An assessment is considered reliable when the same results occur regardless of when the assessment occurs or who does the scoring. There should be compelling evidence to show that results are consistent across raters and across scoring occasions. (Elliott, 1994) Validity is defined as an indication of how well an assessment actually measures what it is supposed to measure. Three aspects of an assessment that must be evaluated for validity are tasks, extraneous interference, and consequences. Every assessment requires students to complete some task or activity. A valid task should reflect actual knowledge or performance, engage and motivate students to perform to the best of their ability, be consistent with current educational theory and practice, be reviewed by experts to judge content quality and authenticity. Extraneous interference occurs when there is something in the assessment that might get in the way of students being able to demonstrate what they know and can do. A valid assessment does not require knowledge or skills that are irrelevant to what is actually being assessed. Some examples of these might include students’ ability to read, write, role-play, or understand the context, personality, physical limitations, or knowledge of irrelevant background information. Valid assessments also minimize unintended negative consequences. Negative effects of assessments might include restricting curricula to what can be easily assessed, communicating unintended messages about power, control, or social status, and fostering narrow images of the nature of a particular discipline. (Elliott, 1994) Fairness means that an assessment should allow for students of both genders and all backgrounds to do equally well. All students should have equal opportunity to demonstrate the skills and knowledge being assessed. The fairness of the assessment is jeopardized if bias exists either in the task or in the rater. (Elliott, 1994) In this atmosphere of reform, student assessment is the centerpiece of many educational improvement efforts. Policymakers hope that changes in assessment will cause teachers and schools to do things differently. Assessment reform is viewed as a means of setting more appropriate targets for students, focusing staff development efforts for teachers, encouraging curriculum reform, and improving instruction and instructional materials. (Fuchs, 1994) Many educators and policymakers believe that what gets assessed is what gets taught and that the format of assessment influences the format of instruction. Contrary to our understanding of how students learn, many assessments test facts and skills in isolation, seldom requiring students to apply what they know and can do in real-life situations. Standardized tests do not match the emerging content standards, and over-reliance on this type of assessment often leads to instruction that stresses basic knowledge and skills. Rather than encouraging changes in instruction toward the engaged learning that will prepare students for the 21st century, these tests encourage instruction of less important skills and passive learning. (Fuchs, 1994) Since the National Assessment of Educational Progress (NAEP) is the only national representative and continuing assessment of what Americas students know and can do in various subject areas, it seemed to be the most obvious choice for exploration. In exploration of this policy, research will be conducted to find out how affective it is within our country. The terms of this policy requires that assessments be conducted periodically in mathematics, reading, science, writing, the arts, civics, economics, geography, and U. S. history. Because of the issues of assessment, NAEP’s assessment will be probed to find if they are reliable, valid, and fair being that it serves as a type models for all other assessment practices. Under the current structure, the Commissioner of Education Statistics, who heads the National Center for Education Statistics in the U. S. Department of Education, is responsible by law for carrying out the NAEP project. The National Assessment Governing Board (NAGB), appointed by the Secretary of Education but independent of the Department, sets policy for NAEP and is responsible for developing the framework and test specifications that serve as the blueprint for the assessments. The National Assessment Governing Board develops the frameworks that provide the theoretical basis for the assessment and specific direction for what kinds of knowledge and skills should be assessed, how the exercises should be designed, and how student responses should be scored. These frameworks are the result of comprehensive efforts in which teachers, curriculum experts, policymakers, and members of the general public worked to create a unified vision of how a particular subject ought to be assessed. This vision is based on current educational research on achievement and its measurement, and good educational practices. (National Center for Education Statistics) References Berk, R. A. (1993). National Trends in Student and Teacher Assessment: Issues in Performance Assessment. Retrieved January 17, 2008 from http://nesonline. com/PDFs/1993_05Berk. pdf Elliott, S. N. (1994). Creating meaningful performance assessments: Fundamental concepts. Reston, VA: The Council for Exceptional Children. Fuchs, L. S. (1994). Connecting performance assessment to instruction. Reston, VA: The Council for Exceptional Children. National Center for Education Statistics. NEAP Overview. Retrieved on January 20, 2008 from http://www. nces. ed. gov/nationsreportcard/about/ North Central Regional Educational Laboratory, PBS Elementary/Secondary Service, in partnership with the National Center for Research on Evaluation, Standards, and Student Testing (UCLA/CRESST) (1991). Schools That Work: The Research Advantage. Part IV: Alternatives for Measuring Performance. Oak Brook, IL: Authors. Romberg, T. , Zarinnia, A. Williams, S. (1989). The Influence of Mandated Testing on Mathematics Instruction: Grade Eight Teachers Perceptions. In Romberg, T. Wilson, L. (1992, September), Alignment of Tests with the Standards, Arithmetic Teacher, 40 (1), 18-22. White, B. Y. Fredericksen, J. R. (1994, Fall). Using Assessment to Foster a Classroom Research Community. Educator, 19-24. Wolf, D. , Bixby, J. , Glenn, J. , III, Gardner, H. (1991). To use their minds well: Investigating new forms of student assessment. Review of Research in Education, 17, 31-74.

A Passage to India Essay -- Literary Analysis

E.M. Forster, born into a middle-class family in London, was a humanist and an English writer famous for his literary works which called attention to the hypocrisy (present in the time in which he lived). In his novel A Passage To India, Forster explores the relationship between and within the Anglo-Indian and Native-Indian communities under British Imperialism and expounds on the sins which its members commit against the humanistic values of sympathy and understanding. Additionally, in A Passage to India Forster reflects the relationship phases which occur between his characters through the use of the three main divisions -- Mosque, Caves, and Temple. The First division Mosque, a Muslim place of worship, is set in the fictional city of Chandrapore and brings about the first stage of human confrontation --Introduction. One of the first introductions Forster makes to the reader is the division of the Indian and British cultures. He does this by describing Indian Chandrapore to be a place where the â€Å"streets are mean, the temples ineffective, and though a few fine houses exist they are hidden away in gardens or down alleys whose filth deters all but the invited guest.† (Forster 3) while describing British Chandrapore â€Å"to be a totally different place. It is a city of gardens. It is no city, but a forest sparsely scattered with huts. It is a tropical pleasaunce washed by a noble river† (Forster 4). The idea of ‘introductions’ is further explored in Dr. Aziz’s visit to the mosque which lets â€Å"loose his imagination..where his body and thoughts have found their home† (Forster 16), whe re the â€Å"many small sounds [of the] English...amateur orchestra...Hindus drumming...owls† (Forster 17), all diverse in nature, echoed through a similar space... ...d apart; the earth didn’t want it, sending up rocks through which riders must pass single file; the temples, the tanks the jail, the place, the birds, the carrion, the Guest House...didn’t want it, they said...’no, not yet,’ and the sky said, ‘No, not there’†(Forster 362). Works Cited Forster, E. M. A Passage To India. New York: Harcourt, Brace and, 1924. Print. "Mosque, Cave, Temple, and a Few Comments on the Weather." Shmoop. Web. 11 Apr. 2012. . "The Structure of E. M. Forster's "A Passage to India"" Your Knowledge Has Value. Web. 11 Apr. 2012. . "A Passage to India." SparkNotes. SparkNotes. Web. 11 Apr. 2012. .

Patriot Act Pro

Pro Patriot Act There are many advantages for expanding governmental surveillance and investigative powers. For instance, there’s the possibility of gaining invaluable information for future attacks, and also the potential for targeting terrorists who may be responsible for such attacks. According to the American Civil Liberties Union (ACLU), â€Å"The FBI does not have to demonstrate probable cause, only declare it has â€Å"reasonable grounds† to suspect that library records may be relevant to an investigation. Supporters of such extreme measures believe in national security over privacy. They would much rather see a terrorist behind bars than protect their personalphone calls or bank accounts. Another claim is that the government wouldn’t investigate ordinary citizens, meaning that the law is exclusive to suspected criminals. Question: Do these claims qualify as being morally right? From the supporter’s perspective the answer is yes. The governmentâ₠¬â„¢s involvement is warranted in order to establish justice and ensure domestic tranquility (Department of Justice).The Act also provides increased funding for victims of terrorist attacks and their families, as well as for the rebuilding of business and infrastructure that are damaged by terrorism. The Patriot Act is divided into 10 separate sections known as â€Å"titles. † Each title contains numerous Sections that further clarify the provisions of the title. The emphasis was on being sure that should another attack be planned, the government would have the power to prevent it from being completed.Section 213 Sneak and Peek Warrants: this provision allows â€Å"sneak and peek† search warrants, which grants authorities authorization to search a home or business without immediately notifying the target of a probe. Investigators still have to explain why they want to delay the search notification and must eventually notify the target about the search (Abramson and God oy 2006). Under this provision the FBI is permitted to enter a home or an office in the absence of the occupant.During this secret investigation, FBI agents are authorized to take photographs, examine computer hard drives, and install a device known as the Magic Lantern. Once installed, the Magic Lantern, records all computer activity not just those transmitted over the internet. > This means FBI is not just searching anyone without a search warrant, the act states that they can search suspects of terror if and only if they have a reasonable reason and it is a terror, different from a crime.

Barbourofelis - Facts and Figures

Name: Barbourofelis (Greek for Barbours cat); pronounced BAR-bore-oh-FEE-liss Habitat: Plains of North America Historical Epoch: Late Miocene (10-8 million years ago) Size and Weight: Up to six feet long and 250 pounds Diet: Meat Distinguishing Characteristics: Large size; long canine teeth; plantigrade posture About Barbourofelis The most notable of the barbourofelids--a family of prehistoric cats perched midway between the nimravids, or false saber-toothed cats, and the true saber-tooths of the felidae family--Barbourofelis was the only member of its breed to colonize late Miocene North America. This sleek, muscular predator possessed some of the largest canines of any saber-toothed cat, true or false, and it was correspondingly hefty, the largest species weighing in at about the size of a modern lion (though more heavily muscled). Intriguingly, Barbourofelis seems to have walked in a plantigrade fashion (that is, with its feet flat on the ground) rather than in a digitigrade fashion (on its toes), in this respect making it seem more like a bear than a cat! (Oddly enough, one of the contemporary animals that competed with Barbourofelis for prey was Amphicyon, the bear dog). Given its odd gait and enormous canines, how did Barbourofelis hunt? As far as we can tell, its strategy was similar to that of its later, heavier cousin Smilodon, aka the Saber-Toothed Tiger, which lived in Pleistocene North America. Like Smilodon, Barbourofelis whiled away its time in the low branches of trees, pouncing suddenly when a tasty bit of prey (like the prehistoric rhino Teleoceras and the prehistoric elephant Gomphotherium) approached. As it landed, it dug its sabers deep into the hide of its unfortunate victim, which (if it didnt die immediately) gradually bled to death as its assassin stalked close behind. (As with Smilodon, the sabers of Barbourfelis may occasionally have broken off in combat, which would have deadly consequences for both predator and prey.) Although there are four separate species of Barbourofelis, two are better known than the others. The slightly smaller B. loveorum (about 150 pounds) has been discovered as far afield as California, Oklahoma and especially Florida, while B. fricki, discovered in Nebraska and Nevada, was about 100 pounds heavier. One odd thing about B. loveorum, which is especially well represented in the fossil record, is that the juveniles apparently lacked fully functional saber teeth, which may (or may not) imply that newborns received a few years of tender parental care before venturing out alone into the wild. Telling against this parental-care hypothesis, though, is that Barbourofelis had a much smaller brain, relative to its body size, than modern big cats, and so may not have been capable of this kind of sophisticated social behavior.