Why Civil Forfeiture in Law Enforcement is an Effective Tool Essay

Why Civil Forfeiture in Law Enforcement is an Effective Tool - Essay Example is administered towards more rehabilitative efforts of reforming the criminals and integrating them back into society made it necessary they are given the means to get back on their feet. A modern version of this concept is not directed at an individual criminal but more on the crime syndicates by depriving them of their ill-gotten gains and compensate victims (Young 1). There are two kinds of forfeitures being carried out today: criminal and civil cases. In the first case, criminal forfeitures are the result of a court settlement or a judicial award in that the convicted criminal is punished by taking away the assets after a conviction. In civil cases, the government files suit to recover a property item but not against the propertys owner. The owner himself is reduced to being a third-party claimant who has to prove the money used to buy or acquire the property came from legal or legitimate sources. The objectives of the new civil forfeiture laws are two-fold: deprive the criminals of the facilities and properties they use to commit their crime or furtherance of their criminal activities and use the proceeds of these seized properties to support law enforcement, such as hiring more cops or increasing a budget. An order for a civil forfeiture recovery case does not require a prior criminal conviction. The whole intent is to disable criminals from e ventually resuming the activities (Edgeworth xxii). The only requirement for filing a forfeiture case is probable cause a certain property is being used in criminal activities. A property owner, on the other hand, has to prove otherwise through a preponderance of evidence that it was acquired using legitimate sources of income. The new laws today reversed the situation in that it is now the government that has to prove it using a preponderance of evidence instead of the previous probable cause only that can be a source of abuse of power and arbitrariness on the part of law enforcement agencies. In other words, the

Market Entry Plan of South Beauty Essay Example for Free

Market Entry Plan of South Beauty Essay 1. Executive Summary South Beauty has setup 70 restaurants within 18 cities around China currently, all the units are profitable, that will accelerating the company expansion at mainland and exploring overseas markets. According to the South Beauty plan, the mainland operation keep for profit, but the exploration of international markets is mainly for branding. The company also creates a new brand called Steam to setup fast-food restaurants. Meanwhile, at the preparatory stage of cooking, the South Beauty plans to strengthen its efforts in standardizing processes to control the costs and quickening expansion. This article makes the market entry plan for South Beauty expansion to Singapore Market. 1. First part, understand the background of South Beauty Restaurant of China. 2. Second part, understands the market environment of Singapore, and bases the SWOT to analysis South Beauty Restaurant for market entry strategies selection. 3. Last part, built a market entry plan with Simulation data of marketing budget for South Beauty Restaurant entry to Singapore market. 2. Introduction 2.1 Objective The international market expansion is an important decision for every enterprise development. At present, Chinese catering enterprise are backward phenomenons at international expansion. As the first brand of South Beauty in Chinese catering industry, has a strong development potential lead by chairwomen Ms.Zhang Lan. With the development of the enterprise, The South Beauty expansion to foreign market has become inevitable. In order to realize the expansion strategy better, make Chinese famous catering enterprises entering Singapore which is the target market, this paper introduced The South Beauty background and history, understand the Singapore market environment, through the SWOT method, Analysis and budgeting the South Beauty enter the Singapore market. If The South Beauty can smoothly enter the Singapore market, become a crucial step of the Chinese catering enterprises to towards to internationalization development, also is the key measure of national economic development. At th e same time, also promote the unique Chinese Food to the people of all ethnic groups in the world. 2.2 Background of South Beauty Restaurant The South　Beauty　Restaurant (Chinese named: Qiao Jiang Nan) was founded on May of 2000 by Ms Zhang Lan, She opened the first restaurant of South Beauty in CBD international trade center of Beijing. In 2002, the first exotic restaurant launched in Times Square of Huaihai Road in Shanghai, that is South Beauty expanded beyond Beijing since then chain restaurant begins. At the end of September 2012, South Beauty Restaurants has founded 70 restaurants throughout 18 cities within 15 provinces of China. With many years’ experience and development to possessing nearly 70 restaurants, make it becoming the chain enterprise leader of Chinese style dinner. The South Beauty Restaurant Built â€Å"Fashion, classical, grade, reverence† as corporate business philosophy to show their unique enterprise spirit. Propagate culinary culture of the five thousand years traditional culture of china, to devote the South Beauty Restaurant to a world-class Chinese dinner brand as th e pursuit of business objectives. The founder of South Beauty keeps the corporate social responsibility (CSR) into their enterprise culture. They announced was â€Å"CSR is not only the key constituent part of South Beauty for developmental strategy, but also the key constituent part of South Beauty’s enterprise culture†. And separate the CSR to 4 parts as below: 1. For Investor: The Board devotes South Beauty to healthy food, keeps the profit margin for the enterprise, and makes shareholders get optimistic prospect and lasting for their investment. 2. For Society: According to the Government Law, the enterprise pays the tax, performs the civic duty, and creates more employment opportunity, become pillar enterprise in catering field. 3. For Consumer: Provides the high quality foods, healthy dishes to the consumers with more professional service. Make customers satisfaction. 4. For Staff: Creates a platform for employees to perform their abilities. Offer study and promotion opportunities, make the staff pleasure, positive and has the sense of responsibility in work. 2.3 Food features of South Beauty Restaurant Szechuan Cuisine is the one of Chinese eight cuisines series which has broad and profound cultural connotation. With different dishes, there are different delicacy feelings and all dishes are exquisite, it has red-hot tastes and strong delicacy famous in domestic and abroad. South Beauty is the leader brand in Chinese catering industry which has propagates the spirit and inherits of the culture of Sichuan cuisine. Based on the features of Chengdu and Chongqing cuisine, creates the real spirit which reaches to boutique Szechuan cuisine in South Beauty. In order to guarantee orthodox taste, the delicious ingredients including seasoning which come from the globe and local of Szechuan ware selected by South Beauty. It is good at variation such as makes the color, aroma and taste expressed fully, also makes flavor suit the corresponding dish. All of these have presented a real boutique Szechuan cuisine South Beauty features are aims at creation, health and fashion, based on Chinese traditional Szechuan cuisine, assisted by elements of Cantonese cuisine and Tan cuisine, to digest the classical culinary culture, break through tradition and pursue perfection. Create the model of â€Å"Chinese food eaten with western method† and â€Å"combine catering with art† in China firstly. South Beauty wins the worldwide praise depend on creative management idea and fashion, healthy, delicious boutique dishes. South Beauty to promote the Chinese food culture over the years, advocating a healthy life style as their responsibility, spare no effort from the traditional culture of the deep foundation to absorb nutrients, committed to innovation and improvement, to create another legendary food myths. The South Beauty dishes are different from others; the ordinary charm relies in the quality of raw materials carefully selected, on the inheritance and innovation of traditional cuisine methods, and rigid guarantee of dishes nutrition and worthy pursuit to the visual effect. The South Beauty Boutique food dishes Depend on strictly requirements are fully expression to modern culinary art. 2.4 History of South Beauty Restaurant †¢ On 20th May 2000 South Beauty’s first brand restaurant was launched in Guo Mao of Beijing and which marks South Beauty march formally into Chinese style dinner market. †¢ On 16th Jan 2002 South Beauty shop located in Times Square of Shanghai was launched which marks South Beauty’s cross-regional business begins. †¢ On Mar 2007, South Beauty becomes formally catering service provider for the eight competition stadiums of Beijing Olympic Games of 2008. †¢ On Apr 2007, South Beauty joins Air France and Air Netherlands to launch new Chinese style service on airplane. †¢ On Nov 2007, South Beauty is formally awarded â€Å"Chinese famous trademark† and obtains the sole protected trademark by international law in China. †¢ On Apr 2009, South Beauty formally signs contract with Shanghai World Expo, the content is to provide Food Service for Chinese and foreign guests. †¢ On Jul 2010, South Beauty changes its name for South Beauty Lim ited Liability Company. †¢ On Jan 2012, South Beauty sets up the first sub-branch in Taiwan. 3. Market environment analysis 3.1 Culture and Environment of Singapore Singapore has been established by Thomas Stamford Raffles on 1819, as a trading post, the small sea town attracted migrants and merchants from the world especially the China, the Malay Peninsula, the Indonesia, the Indian sub-continent and the Middle East. The country’s geographical location and commercial success make Singapore have the one of the most remarkable aspectsthe truly cosmopolitan nature of her population. The better prospect has attracted immigrants from all over the world which they brought their own culture, language, customs and festivals, through intermarriage and integrated formed a multicultural society, giving Singapore is full of vitality and diversified cultural heritage, also became one of most cosmopolitan cities in Asia. The main ethnic groups in Singapore are Chinese, Malays, Indians, Peranakans and Eurasians. The ethnic Chinese form 74.2%, the Malays 13.4%, the Indians 9.2%, The Eurasians, Peranakans and others combined 3.2%. Singapore near 20% expatriates of non-resident such as blue collar workers and white collar workers. In Singapore’s constitution, has adopted representative language from four main ethnic or â€Å"racial† groups. The official languages are English, Chinese, Malay and Tamil. For recognition of the status of the Malay people as the indigenous community, the National language of Singapore is Bahasa Melayu or The Malay Language. The varieties of language have obviously influenced on the English that in Singapore, especially apparent in informal English, and English-based Creole that commonly known as Singlish. The hybrid form of the language which includes words from Malay, Chinese, or Indian are representing an identity for many Singaporeans. The English and Mandarin are the commonly used languages in Singapore. Most of Children growths up bilingual from infancy even many people speaking three or four. They also learn own mother tongues to ensure that stay in touch with traditional roots, such as different Chinese dialects includes Hokkien, Teochew, Cantonese, Hakka, Hainanese and Foochow. The various cultural precincts and religious landmarks around the island ensure to catch a glimpse of a multicultural society of Singapore which includes the impressive history, cultural diversity and lifestyles. 3.2 Food Beverage Industry in Singapore Singapore serves the rich flavors and foods with its Multi-national culture, find out the local cuisines on the menu which reflection multicultural of Singapore. In diverse neighborhoods are available in food centers and restaurants across Singapore, a variety of flavors cuisines such as Halal Malay, South Indian Vegetarian Thali, North Indian Naans and Briyani, Cantonese Dim Sum, Hainanese Chicken Rice, Peking duck, Hokkien Mee and Popiah (The Spring rolls). The Main gastronomic representative in Singapore is Chinese cuisine, and the Chinese believe the combining food ingredients to enhance the harmony and used for symbolic. For example, the noodles for longevity, the oysters for good fortune and the fishes for prosperity. The Singapore offers an opportunity to trial the dishes from the different parts of China, the Cantonese dim sum, the Spicy dishes of Szechuan, Hainan Chicken rice, the Bean curd of Hakka, noodles of Hokkien and seafood porridge of Teochew, especially have local Chinese favorites such as chili crab, Bak Kut The, Fish head curry or Rojak. A lot of Indian foods in Singapore, whether from southern or northern of India sub-continent, the Vegetarian Thosai, fiery curries enriched with coconut milk. Tandoori, fluffy naan breads and creamy yogurt based dishes. The Indian cuisines are infuses with flavored spices such as cardamom, cloves, cumin, coriander and chilies. Try the local Indian-Muslim dishes, a taste of popular in Singapore, such as Roti Pratas, Murtabak, Nasi briyani and saffron rice dish. All the dishes go well with the absolutely satisfying creamy and frothy milk teaTek Tarik. The Malay cuisine always savor an array of spices and herbs, the ginger, turmeric, galangal, and lemon grass, curry leaves, pungent Belachan (shrimp paste) and chilies. The cuisine put the spicy but without unbearably hot. Peanut sauce occupies a pride of place in dishes of Malay, like Gado Gado, fried bean curd. From the unique Peranakans offers a blend of Chinese, Malay, Indonesian flavors called Nonya food, the famous Nonya dish mix rice vermicelli, coconut milk and garnished with seafood or chicken, combines the spices and aromatic herb such as lemongrass, chilies, tamarind paste, shrimp past, create rich cuisine of braised dishes. Singapore also offers a wide range of international cuisines such as Thai, Korean, Vietnamese and Mongolian food. Whether the Japanese Sushi, the Italian Meal and Casual French bistro. All can find all in the city state. 3.3 SWOT analysis of South Beauty Restaurant 4. Market entry Plan 4.1 Objective of market entry plan Singapore is an open economy country and strongly committed to maintaining the free trade market, pay more attention to public sector service quality, support every investors development positively. Analyze the Singapore market entry of The South Beauty with SWOT method, understand the South Beauty weaknesses and threats when enter the Singapore market, through their own advantages into market opportunities. Market entry plan to use the results of SWOT analysis, establish market entry strategies, and planning necessary budget of market entry, Support the management team to make marketing decision with these references. 4.2 Market entry strategies It is recommended that South Beauty consider the following marketing strategies and issues before entering the Singapore market: 1. Management Localization: whether the local Management team or the local agent, Better to understand the local market and consumer habits, will support the product promotion and market development, improves the competitive advantages of South Beauty. 2. Language Support: even the English is the main Language of Singapore, but Singapore ethnic characteristics, most of people speaking English but miscellaneous various national Language, multilingual services to meet different customer needs, but positive guarantee clarity Westernized understanding of English is also important. 3. Official Endorsement: Singapore government authentications marks are the symbol of accept by Singapore consumers, to reach these standards for the authentication is the requisite of the market development. 4. Social effect: public figures in Singapore has great influence, celebrity effect to participation actively of market compaign,positive to participating the public topic, to bring more restaurant visibility and customer flow. 5. Product Control: Singaporeanvery attention on food safety and quality of service, the products ensure to safety, and continue to improve the service quality, will be affect the business successful. 3. Marketing Strategies How a product is marketed and promoted will have a major impact on its success in Singapore. For the South Beauty expansion the market into Singapore, the Marketing mix is comprised of four approaches as following as (1) Products and services, (2) Advertising and promotion, (3) Distribution, and (4) Pricing. 1) Products and Service: The quality and taste is most important things for catering business, a lot of Chinese food in Singapore and South Beauty must be offers the unique Chinese cuisines with his special materials and cooking methods. Another most of important thing is to get the Hearth Authority from the Government to make consumer’s trust. Also the exceptional customer service very important to making the customers’ satisfaction and the business successful. 2) Advertising and Promotion: For the new coming restaurant in Singapore will select several different ways for their advertising and promotion campaign, attracting the consumers focus and trial. To keep some of the customer’s royalty. The methods of advertising are News paper; Television, Ratio, MRT Post, but the internet is a new type of method for the advertising. All the advertising can be using the star effect such as Ms Hsu from Taiwan. The promotions have some ways for the South Beauty. For example, Credit card payment promotion, new launch cuisines voucher, members discount or Free offers etc. 3) Distribution: The restaurant distributions are base on internal of operation. When the customer sit into the restaurant, the menu clean to View, the order convenient, the serving velocity, and easy payment, finally clean up fast. The others are materials and catalogues enough and fresh, keep the customers satisfaction. 4) Pricing: The pricing scheme is designed base on costs w ith fair margin, but must to be competitive, accord with consumption level. . Marketing Budget Plan 6. Conclusion Singapore is an important part for any enterprise can be used as a springboard into the international market. And the multicultural market is good adptive process for the internatinal development strategy of The South Beauty. Based on the analysis of the The South Beauty, we can clearly found that Singapore is not only a good market, at the same time to the first brand of Chinese catering enterprise; it is also a rare experience. Singapore’s government management and social culture if big different with China, but a large extent reflects the overseas Chinese and westerners to Chinese food attitude. With The South Beauty enter Singapore market, can from higher taste to understand and familiar with the Chinese food culture for Singapore residents, and promote the diversified food culture in Singapore. 7. List of References Fighting off Sars to make a business of Sichuan cuisine (11.2011), BBC News, http://www.bbc.co.uk/news/business-15670333 Restaurant chain South Beauty may relaunch IPO next year, (12.2011), China Business, http://www.scmp.com/business/china-business/ South Beauty’s ugly side exposed, (09.2011), People’s Daily http://english.peopledaily.com.cn/90882/7587516.html Food Beverage in Singapore, (07.2011), New Zealand Exporter Guide Kristie Lorette, Marketing Strategies for Food Brands, (2011) Demand Media Singapore Food and Beverages Industry Comparative Analysis and Companies Ranking, (2011), Market Publishers, http://www.marketpublishers.com/

A GROSS FORM OF DELIGHTFUL SATIRE Essays -- essays papers

A GROSS FORM OF DELIGHTFUL SATIRE "The stoical scheme of supplying our wants by lopping off our desires, is like cutting off our feet when we want shoes." -Jonathan Swift "We have just enough religion to make us hate, but not enough to make us love on another." -Jonathan Swift Like all true satirists, Swift was predominantly a moralist, one who chastises the vices and follies of humankind in the name of virtue and common sense. Throughout his writing, Swift constantly raised the question of whether the achievements of civilization-its advancing technology, its institutions, its refinement of manners-cannot be seen as complex forms of barbarism. With this theme in mind, Swift wrote some of his best works: A Modest Proposal, Gulliver’s Travels, and A Tale of a Tub. Although he is mastery at prose, he is also known for his poetry. It can be said that the subjects within his writings could be taken from his religious belief in the non-perfection of man. Swift believed that human reason was necessary to divine guidance. According to Herbert Read, Swift was the first poet who dared to describe nature as it is with all its deformities, and to give exact expression to a turn of thought no matter the subject. And because his life was one long mutiny- mutiny against darkness of fate, the injustice of men, the indignity of our bodily functions-his work is one long scrutiny into dark depths. Therefore, he attacks the idealistic idea of feminine beauty by ironically drawing attention to the female body’s excretory functions. Unfortunately, Swift emphasizes women, despite his deep love and friendship for individual women, as a symbol of man’s bestiality. He victimizes women by his own secret over-idealization of her. This is seen in his poems, The Lady’s Dressing-Room, Strephon and Chloe, and A Beautiful Young Nymph Going to Bed. Swift becomes obsessed by the morbidly physical. The gap between spirit and flesh cannot bridge, for flesh has become uncleansable to him. With Swift being seen by Robert Ellis--quoted by Herbert Read-as having neurasthenia, anything that comes regularly and in routine is liable to become intolerable, it is easier to understand some of his writings. This idea gained him much ridicule from critics because thinkers of his day stressed the essential goodness and rationality of humans. Swift, certainly, shares this i... ...od which he was writing and the subjects that were generally written about. Because his descriptions are so detailed, and the imagery is so deep, Jonathan Swift proves himself as a writer to be studied and admired. Bibliography: WORKS CITED Brown, Laura. â€Å"Reading Race and Gender: Jonathan Swift.† Critical Essays on Jonathan Swift. Ed. Frank Palmeri. New York: G.K. Hall & Co, 1993. 122. Davis, Herbert. â€Å"Swift’s View of Poetry.† Poetry Criticism. Ed. Drew Kalasky. Vol. 9. Detroit: Gale Research Company, 1994. 259 Donoghue, Denis, Ed. Jonathan Swift. Australia: Penguin Books, 1971. 307. Huxley, Aldous. â€Å"Do What You Will.† London: Chatto & Windus, 1956. Johnson, Maurice. â€Å"The Sin of Wit: Jonathan Swift as a Poet.† Literature Criticism from 1400 to 1800. Ed. Dennis Poupard. Vol. 1. New Jersey: Gale Research Company, 1984. 502. Read, Herbert. â€Å"The Poems of Swift.† Literature Criticism from 1400 to 1800. Ed. Dennis Poupard. Vol. 1. New Jersey: Gale Research Company, 1984. 453. Watkins, W.B.C. â€Å"Absent Thee from Felicity.† Literature Criticism from 1400 to 1800. Ed. Dennis Poupard. Vol. 1. New Jersey: Gale Research Company, 1984. 461.

Zynga’s Revenue Recognition Dilemma

http://accrualperspective. wordpress. com/2012/10/10/zyngas-revenue-recognition-dilemma/ Zynga’s Revenue Recognition Dilemma Leave a reply Zynga’s Revenue Recognition Dilemma Zynga has been the focus of a highly disputed topic on bookings and revenues as of late. Unfortunately for the online gaming company, many accountants and financial analysts are not in Zynga’s favor on the way that the company has been recognizing revenues. To put the company in perspective, there are 26 million digital farmers via the vastly rampant FarmVille application run by Zynga.In the popular game, Facebook users build farms to produce crops and create the kind of productivity that they desire. This creates the need for virtual, heavy equipment, such as tractors, seeders and harvesters, all which can be bought with FarmVille Currency. Zynga makes money by allowing users to hurry the process by converting real dollars from their credit cards into the virtual currency necessary to get t he equipment they need to get the job done. Like FarmVille, Zynga has users across a variety of applications such as CityVille, Words with Friends, and Mafia Wars, all of which using the same models.This type of unique revenue however provokes a unique question; that is, how is Zynga supposed to report revenues from these products that they’ve offered? According to the company’s 10-k report, it’s policies on reporting states that: * â€Å"For the sale of consumable virtual goods, we recognize revenue as the goods are consumed† * â€Å"We recognize revenue from the sale of durable virtual goods ratably over the estimated average playing period of paying players for the applicable game, which represents our best estimate of the average life of our durable virtual goods† And perhaps the most important: â€Å"If we do not have the ability to differentiate revenue attributable to durable virtual goods from consumable virtual goods for a specific game, we recognize revenue from the sale of durable and consumable virtual goods for that game ratably over the estimated average period that paying players typically play our games† This type of financial reporting is simply too confusing and leaves the door open for too much alteration within the reports. Also, this type of unpredictable reporting technique allows the company to skew bottom-line profits and maneuver their earnings to reflect an untrue valuation of the company’s worth.These types of manipulations are especially alarming to users of the financials who are looking to invest in a company that appears to be growing, when in reality it is altering production numbers with every consecutive quarter. In regards to the revenue recognition dispute, the way their accountants estimate average periods that paying players actually play the Zynga games must be validated. In a recent article by Bloomberg’s Cory Johnson, he notes that Zynga has made changes to these e stimates five of the last six quarters. These changes made drastically effect the net profits that Zynga is reporting to the public.By taking the estimate and distorting it, they are able to report profits when indeed there are none. It is curious that the auditor assigned to Zynga, Ernst & Young, has allowed this method of accounting to be implemented when clearly it is affecting the bottom line. It is also curious that E&Y is also the auditor for the Zynga’s distributor, Facebook whose Zynga profits have accounted for roughly 12% of its revenue. This â€Å"independence† (or lack there of) calls into question the true authenticity behind these reporting standards and what they mean to the accounting profession as well as financial statement users world-wide.At any rate, this is a topic that needs to be brought to light, discussed and ruled upon. Zynga cannot merely go on reporting as they wish to provoke the appearance of a success while the true profits and losses go unnoticed. http://blogs. smeal. psu. edu/grumpyoldaccountants/archives/746#more-746 http://articles. businessinsider. com/2011-10-12/research/30269486_1_zynga-virtual-goods-bookings http://www. forbes. com/sites/francinemckenna/2012/04/23/how-zynga-facebook-and-groupons-go-to-auditor-rewrites-accounting-rules/

Digital music and the internet age – The people vs. the recording industry association of America

Just as the Internet is fast becoming a way of life for many in the United States, music has had its roots embedded in people's lives, careers, and hobbies throughout history. What do you get when you merge music and the Internet in the year 2002? Chaos, it seems. In this heated debate, there are two sides that are prevalent. The first is brought by the Recording Industry Association of America (RIAA), which represents the major record labels, musicians, and artists in the United States. The RIAA claims that the Internet is responsible for rampant music piracy that has the power to destroy the music industry as we know it. The RIAA been in the center of countless lawsuits and trials, and is in the forefront of the digital music debate through its use of legal tactics. The other side of this debate is represented by you and me – the common people. We do not argue that music piracy is illegal and unethical. However, we have much at stake in this argument, as the RIAA has tried to gain approval for strict laws that could affect each and every one of us. The RIAA has tried to invade our privacy, sue the common people, prevent us from playing CDs in our computers, hack into our computers, stop the sale of personal music players, and change key pieces of legislature for their benefit. Rather than approach this issue with public support and regard for the consumers who make their industry possible, the RIAA has continually neglected public opinion and has put us on the back burner in order to protect their profit margins. The History So what exactly is this big mess about? In a nutshell, it boils down to digital music piracy. The music industry is hurting from a 9.2 percent global music sales slump in 2001. According to the International Federation of the Phonographic Industry, world CD sales fell seven percent last year, while singles and cassettes continued to decline (Wang 147). They claim that music piracy on the Internet is largely to blame for this trend. By merging the Internet and compact disc technologies, it became possible for people to convert the digital music stored on CDs into a very small computer file format called MP3. A music file converted to MP3 could then be sent to other people on the Internet quickly and easily. These technological advances eventually led to rampant music piracy on the Internet. While I do not condone nor support digital music piracy, I believe that the battle the RIAA is waging has been unfair, one-sided, and based on greed. In trying to protect their interests, this trade group has bitten the hands of the people who feed it – us. The Past In 1980, a case came upon the United States Supreme Court docket involving Universal City Studios, a Hollywood movie studio, and a new Sony technology called Betamax, or what we now refer to as the common VCR. Universal City Studios asked the courts to block Betamax sales, which were poised to enter the consumer market. The movie studio argued that consumers would use VCRs to copy and distribute copyrighted films (Wright 16). In 1984 the U.S. Supreme Court told the movie industry to back off, ruling that most people would use VCRs to record soap operas they missed while at work, rather than making illegal copies of films (Wright 18). One would think that a lesson was learned from this scenario. Sadly, that was not the case. Fast-forward fifteen years and we see a very similar situation unfold. RIAA vs. MP3 players In 1998, Diamond Multimedia introduced the Rio portable MP3 player to the consumer market. MP3 files were starting to become very popular. Using the Rio portable MP3 player, people would be able to convert files from CDs that they owned into MP3 format, and then transfer them onto the Rio MP3 player, which could store hours of music and would eliminate any need for CDs or cassettes (Musician's Internet, par. 8). Enter the Recording Industry Association of America. In 1999 the RIAA filed suit against Diamond Multimedia, the creators of the Rio MP3 player. They claimed that the player violated the Audio Home Recording Act of 1992, which prohibits devices that make copies from digital music recordings. The RIAA believed that since people had the ability to illegally download music from the Internet, the portable MP3 player should be illegal (Musician's Internet, par. 9). This was a major flaw in logic for the RIAA. First of all, I personally cannot think of one person who does not own at least one CD these days. Even my grandmother has more than a handful! By trying to ban the portable MP3 player, the RIAA was saying that people did not have any legal or legitimate use for the product. However, people could easily copy songs from the many CDs they owned onto this portable MP3 player, and still remain perfectly law abiding citizens! Just as in the previous Betamax judgment, this case was thrown out. The Ninth U.S. Circuit Court of Appeals ruled that Diamond Multimedia's technology was perfectly legal, as the player made copies from computer hard drives and CDs, not solely from digital music recordings (Musician's Internet, par.15). The portable MP3 player has now become immensely popular and successful, and is one of the current best-selling pieces of technology on the market today. In fact, analysts predict that 26 million portable MP3 players will be sold in 2005, threatening the dominance of even CDs (Brull 67)! The RIAA was trying to hinder change. If they had been successful, we would not have portable MP3 players in our lives today. RIAA vs. Napster The case of the Recording Industry Association of America versus Napster was very widely publicized. Napster was an online file-trading program that allowed people to trade both legal and illegal MP3 files with ease. The RIAA soon entered the scene, eventually succeeding in shutting Napster down. I do believe that the RIAA had very good reason to take action against Napster, as it was an online music piracy haven. However, in succeeding to shut the service down, they overlooked a very important issue; people loved downloading music from the Internet. Rather than start their own legal online file-sharing program, the RIAA and the music industry were very slow in action. The RIAA did not listen to public demand for such a service. With the demise of Napster, new illegal trading programs popped up. Unlike their predecessor Napster, however, these programs would be next to impossible to shut down as they have no central server location. These networks run from user to user. Essentially, the only way to stop the programs is to shut down the Internet itself. If the RIAA had listened to the people, it is very possible that they would be in a much better position in the fight against music piracy. However, they ignored the need of the public, and dug themselves an even deeper hole. There was a very legitimate and legal answer to Napster. Rather than trying to turn the service into a paying model or creating their own service, the RIAA simply shut it down. They gave no thought to the legal uses, such as promotion, sharing of files by independent artists not signed to any record label, uncopyrighted material, and music available with permission from the artist or record company. So why didn't the RIAA and the major record labels jump to start their own Napster-like networks? The answer is simple. Digital music distribution, as it stands now, offers much thinner profit margins. Rapper Chuck D says â€Å"a major label makes a CD for as little as 80 cents, then sells it wholesale for $10.50 so retailers can charge $14 – that's highway robbery.† He gloats further that â€Å"the true revenge will come when the major labels start dropping their prices† (Hopper, par. 7). If consumers are able to use inexpensive technology to download music free or of a much lesser charge, you can bet that they won't run to a record store and pay $14 for a CD. The key to that $10 profit margin they are making is that manufacturing and distribution would eventually fade in digital downloads, meaning the record labels would have to cut costs and make a smaller profit. It's all about money. With so much piracy occurring online and next to no way to stop it, what could the RIAA do next? How about prevent consumers from playing CDs in their computers, or better yet, how about hacking all of your computers? That is exactly what they are trying to do. RIAA vs. Your Computer Throughout its many legal battles thus far, the RIAA has continually neglected and disregarded the music consumers. So, it comes as no surprise that it happens yet again. However, this time their focus is on your very own personal computer. One of the first anti-piracy measures used by the RIAA and the major record labels was a technology called copy-protected CDs. Introduced in 2000, these CDs were designed to prevent a user from copying music tracks to a computer and then sharing them with others online (Cohen 43). Sounds good, right? Maybe not, as this technology has a major downfall. If you try to play a copy-protected CD in your computer, you will find out that it isn't possible! In fact, even some older regular CD players cannot play the copy-protected discs. By adding this copy-protection, the music industry effectively stops you from playing these CDs in your computer at all. In doing this, however, one of your personal rights has been taken away. Imagine that! The 1992 Audio Home Recording Act allows music listeners to make some personal digital copies of their music for their own use and backup (Brull 67). With copy-protected CDs, you are not able to make copies of the music that you have purchased and have every right to copy and backup – another strike against the RIAA. The copy-protection debate is currently being waged by lawmakers. Another way the Recording Industry Association of America is trying to stop you from copying music and sharing it with others is by hacking you! This is another debate currently up in the air in Congress. The RIAA has recruited Congressmen Howard Berman and Howard Coble to introduce a piece of legislature that would let content owners hack pirates' computers (Brull 68). So what does that mean to you? Essentially, it means that the record labels, the RIAA, and copyright owners would be able to hack into your computers and delete or replace your illegal files. This is a huge breach of privacy, but yet another act that the RIAA deems ‘necessary.' If they cannot stop the software used to trade illegal files, the industry hopes to attack your computer instead! RIAA vs. Privacy and Internet Service Providers (ISPs) However, the fight doesn't stop at your computer. Money means so much to these companies that they want to compromise your privacy as well. On July 23, 2002, the Recording Industry Association of America made an unprecedented request of Verizon Communications, a company that sells Internet access to consumers. The RIAA served the company with a subpoena, seeking the identity of a Verizon subscriber who allegedly illegally traded songs by artists including Britney Spears, Jennifer Lopez, and N'Sync. The RIAA didn't specify why it wanted to know who the user was, or what it would do with the information (Hopper, par. 16). Luckily, Verizon denied the request and took this issue to court. Everyone has a right to be anonymous online. A user's anonymity should not be unmasked without any proof of misconduct. In fact, in defamation and trademark-infringement cases, a judge is first asked to weigh the evidence of illegal activity against the constitutionally protected right to anonymous speech (Black 9). The RIAA is trying to bypass judges, courts, and laws in order to force ISPs to reveal information about their subscribers without even making any charges. This is yet another personal right that the company is infringing upon. This debate is currently in court as well, and it should be interesting to see what happens in the end. It is very probable that the U.S. Supreme Court will settle this issue. RIAA vs. Your Integrity Even after showing no respect for your personal rights and laws as a consumer, the RIAA is now attacking your very own integrity. On September 26, 2002, ads began running on television and in print condemning online music piracy. These weren't your normal ads, however. This time around, the RIAA thought that since they couldn't get your attention, perhaps popular music superstars could (Healy, par. 2). These ads, by such artists as Britney Spears, Mary J. Blige, Shakira, and Madonna have one underlying message – we are thieves. â€Å"Would you go into a CD store and steal a CD?† Britney Spears asks in one ad. â€Å"It's the same thing, people going into the computers and stealing our music† (Healy, par. 4). Rapper Nelly had a similar message. â€Å"We really look at it as stealing, because to us it's black and white, either you pay for it or you don't. And, you're not paying for it† (Healy, par. 6). However, these ads are a bit hard to swallow for the average consumer. Let's look at this picture again. These are mega-selling superstars. In 2000, Madonna had reported assets in excess of $425 million. Britney Spears makes over $40 million yearly (Healy, par. 9). The RIAA wants us to believe that these artists are hurting from piracy? I don't know about you, but I don't feel too sorry. Conclusion In conclusion, I believe that the Recording Industry Association of America is a devious and thoughtless trade group. They have continuously put their profit margin ahead of the rights of the consumers. The numerous real-life examples presented in this paper should give you a firm understanding of the unethical antics that the RIAA has used to further their cause. Which side are you on – big business, or consumer rights?