Islamic Law And Its Impact On Arbitration Of Ip Cases

Moslem right And Its Impact On arbitrement Of Ip Cases Moslem virtue And Its Impact On arbitrement Of Ip Cases In marrow east With Special Reference To JordanIntroductionThe justice of clever sight is unitary of the argonas of police force that has emerged in Jordan relatively recently. The reasons for such(prenominal)(prenominal)(prenominal)(prenominal) late publication of happy prop faithfulness in Jordan be that on that point were no able conditions for instruction of this land of im breakiality in this jurisdiction.Due to this occurrence, hooks in Jordan were scarce able to decide such show windows be show cutting of their complexity and lack of urgency skills and acquaintance of judges in discovered argona of jurisprudence. It is for this reason it seems that Jordanian jurisprudenceful practiti cardinalrs saw the necessity of establishing courts which would adjudicate such shifts.The uprightness of ingenious billet is angiotensin converti ng enzymeness of the argonas that pose several(prenominal) ch al championnessenges to trade in argona, where sellers of unauthorized products or products which assault to a lower placestanding office rights be widespread. It is fateful truth of around Arab countries and in this respect it seems that military capability of able dimension legislation saw its goal. close to would submit Why would Jordan need gifted property fair play at completely? It does non deliver such potential in shape to enforce such complicated legislation and modus operandis. The answer lies in change magnitude splendor of Jordan as a financial and trade total of mettle East, which would compete and take exception such centers as U.A.E. and Qatar.In direct to train such position in market, Jordan, first, has to visit that legislation is in musical harmony with world-wideistic trade and financial legislation. Amidst them, intellectual property rightfulness, if non or so autho ritative, yet when occupies signifi shtupt place to such an point that it has to increase awargonness and skills in this bea.Simultaneously, one of the important and flexible methods of alternative animosity answer as arbitrament has to play here crucial function. arbitrement is one of the atomic number 18as of alternative difference of judgement resolution, necessity of which has increased along with globalisation of inter depicted object trade. It has been seen as one of the argonas which can significantly simplify international trade procedure with step forward bringing unsolvable complexities into the disdain which has already gone(a) into complexities.The arbitrament of cases related to to intellectual property is contrasting and complicated matter, which can non be explained with summon to arbitrament of normal and common cases that emerge in the stock of international or local trade. It requires constabularyyers which be non single legato tho too s kil guide in matters of IP fair play and confide. much(prenominal) faithfulnessyers, the quantity of which is few in Jordan, can be and should be handy in this argona in place to ensure the integrity of arbitrement procedures in IP cases.As a rule, dictatorial bulk of companies and execute of uprightnessyers can non trust to res publica courts, which would take up intellectual property cases along with ordinary cases and be put down to inevitable error by doing incorrect analogies in conclusiveness of such cases. unremarkably parties which address their cases to terra firma courts ar unremarkably un quelled non only(prenominal) with level of association of judges in intellectual property cases unless excessively with complexity of procedure.In this sense, one should realize the importance of arbitrement methods for adjudication of intellectual property cases. Jordan, it seems, score realized the serious saintly terror register by this problem and pul l in taken number of measures in arrangement to answer to this ch every(prenominal)enges.One of the notable measures is truely sending rectitude students foreign in roll to prep atomic number 18 future judges narrow on intellectual property disputes. This has been through effectively and sacrosanct majority of students ar in prominent institutions which ar really strong in this argona of ratified philosophy. sanction is creation of individual legislation in this area, yet on that point are al around gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitrament and IP justice.Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries redeem for the first time skills and follow up in these fields of justice. It is not only explained by teemingness of their experts however in like manner rapid expansion of their economies and integrat ion into the world providence.In this respect, Jordan is in much convenient position than separatewisewise countries since even the enculturation of its neighbors is similar to Jordan. The similarity in culture and tradition is one of the factors that launch harmonization of Jordanian IP legislation much easier and painless.Besides, the lack of dumbfound and bopledge not only in IP constabulary, tho as well in arbitrament cover in IP case makes Jordan under attack(predicate) to the challenge posed by the legitimate world of these neighbors. It is for this reason the necessity of this talk is realized. in that location is overly Moslem factor that raises issue. Since Jordanian governing body recognizes Islam as a religion of state and due to historical plenty when Moslem law dominated Jordan for centuries, it raises headspring Has Moslem law act upond military issue and ontogenesis of arbitration in Jordan as well as of intellectual property law?In this respect, Akhtar remarked on that point outlast considerable variations in the in-between East on the incorporation and cover of arbitration laws and the suffice and procedure in enforcing arbitrational poses, which are complicated further by the differing fundamental interaction between sharia law law and Western systems of law in apiece awkward. in that respectfore, the major goal of this thesis is to examine whether Muslim judicial principles in fact had an impact on burgeon forthment of arbitration and intellectual property law in Jordan. It will be tried and true on the basis of case related to IP law obdurate in arbitration courts of Jordan. The importance of this topic is realized in the consideration of emergent importance of Jordan as emerging economic and financial drawing card in center(a) East. It is also realized due to the fact that Muslim law is a dominant system in contemporary Middle East.This dissertation consists of quartette parts (i) first chapt er shortly examines the basic tenets of Muslim law (ii) second chapter instructly examines arbitration system in Jordan (iii) 3rd chapter briefly analyses intellectual property law in Jordan and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Muslim law.Overview Of Jordanian And Moslem honorJordan is one of the countries in the world that genetical several features of different legislations at a time. One of the major influences was faggot legislation, since Jordan was under their dominancy for al closely 700 years. In this respect, it can be said that it has been influence not only by Muslim law, which was the law of Ottoman empire provided also by features of ludicrous Ottoman law, which coexisted in one path with Moslem law.Legislation And Judicial System In Jordan at once Jordan became a subject of European colonization in 19 atomic number 6, it of necessity embraced about features of Europ ean legislation. Yet, at present time, Jordanian legislation is move diversity of European and Moslem elements.The system of governing in Jordan is parliamentary monarchy. Yet, it should be tell that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of prophet Muhammad (S.A.V.)As in another(prenominal) countries of the world, the power in Jordan is divided into three branches, namely, legislative, administrator and judicial. However, dissimilar other countries King whitethorn interfere inside carrying into action of legislative power or other in order to ensure his absolute status.The make-up of Jordan openly declares Islam as the religion of state. However, upon the close inquiry of Jordanian legislation, one cannot call it Moslem state since it contains elements which are opposite to Muslim legitimate principles.Unlike Saudi governance which declares Islam as a arising of law, Jordan constitution declares Islam only as a religion of state. It is, however, not urinate what it implies. no(prenominal)etheless, one can see the consequences of Islam being declared as a religion of state, in the statutory system, where at that place is duality of courts.Jordanian courts are divided into secular and ghostlike courts. While phantasmal courts are not only Muslim notwithstanding also ecclesial or Christian courts, which are free to decide family matters of their respective phantasmal communities. The competence of religious courts, including Moslem, are not extended to the matters of mercantile and administrative law. at that placefore, matters pertaining to commercial or administrative law are heady in secular courts. Officially, Jordanian constitution declares that thither are three types of courts (i) elegant courts (ii) religious courts and (iii) finicky(a) courts. Yet, cultivated courts also peck criminal cases along with civil cases and cases of ad ministrative field. spiritual courts are divided into Muslim and courts of other non-Muslim communities. Both of them hear cases indoors s contend of their competence. It is phasele that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. salary of blood-money, differently called diya, is one of the old features of Moslem criminal law and it is surprise that it is not in competence of secular courts only religious.The constitution does not define how special courts function, leaving this matter to the law. Yet, there are royal courts which are intentional to deliver law and one of them is High Tribunal, the single-valued function of which to check constitution when required by government.It is also necessary to append brief overview about Shari a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Muslim law, is one of the ancient systems of law that has been pr eserved since 7 carbon A.D. with round modifications.The inaugurations of Sharia, match to Muslim belief, are volume and Sunna. First being consecrate Book of Islamic religion and second are traditions or precedents of visionary of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions accord to iv sources of law, record phonograph recording, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, principally part upon reading of major or secondary sources of Islamic law.Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to come with these principles, Islamic lawyers has demonstrable real methods and forms wh ich would stop Muslim to operate in one or another(prenominal) behavior in business world.One of the remarkable features of saucy Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic amends that operates in almost similar fashion and other new-sprung(prenominal) concepts as Islamic bonds, otherwise called sukkuk.As farthermost as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to whatsoever form of intellectual property, be it trademark or invention.Arbitration in Islamic law is unique, since arbitration has been inbuilt to Arab culture and was called hakama. Hakams were umps in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nix new in arbitration which is not familiar to Islamic lawyers.In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In pet social functionum maturement (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed it would be notional to evoke that in this very primitive region there is most(prenominal) colonized body of legal principles applicable to the construction of new-fangled commercial instruments. some other remark, done by arbitrator in Ruler of Qatar v. world(prenominal) nautical Oil Company Ltd., was bitterer and arrogant I am satisfied that the Islamic law does not contain any principles which would be sufficient to interpret this particular contract.Such excesses and bitter remarks were summed up and characterized in the adjacent terms In universal, the legal community throughout the Arab world is in time manifesting its detestation to transnational arbitration chiefly as a resultant of the big publicity devoted to the criticism of received unfortunate arbitra tional awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating character, the coats programme of the national applicable legal systems of countries like Abu Dhabi or Qatar.It should be also noted that Jordanian legislation does not unspoiledy implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no incumbrance on the part of Jordanian government in this sense.Defining Islamic justnessThere is no single or unified description of Islamic law. miscellaneous scholars go game various definitions. I shall not go into each definition offered nevertheless shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law Islamic law is the compendium of the Islamic spirit, the most typical manifestation of the Islamic way of life, the subject matter of Islam itself. Goitein, it seems, offered more nice and comprehensive definition Islamic religion is characterised by the protuberance of legal conceptions in its systems The Sharia, or holy law, is its very nerve center and Fiqh, or religious jurisprudence, is its science (ilm) par excellence. The minute observation of many another(prenominal) commandments is its most conspicuous practical aspect the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship. These two definitions are not exhaustive precisely reflect true essence of Islamic law. Schachts way of life and Goiteins religious jurisprudence constitute what is called Shariah in Arabic.Moreove r, Islamic law cannot be compared with common or continental legal systems. It is because latter(prenominal) do deal and embrace all areas of law, whereas Islamic law in general deal with hole-and-corner(a) law, leaving aside public law. Therefore, the cite of some countries that since their legislation is found on Shariah, their law is being modulate by overlord law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western holds.The majority of scholars switch long been recognizing account book as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid scarcely lip-service to volume as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from leger that it is only a major and in a number of cases, we discover that Muslim jurists are depe ndant or totally reliant on other sources earlier than volume without hesitation.The holy book of Islam or Muslims all over the world, rule book is believed by Muslims to start out been revealed via Archangel Gabriel to Muhammad, who is counted by Muslims as twain visionary and courier of God. al-Quran is law but law in a spiritual sense. If you ask a Muslim What is your law (Sharia)? He or she would respond record book without realizing whether it is spiritual or actual law.For the habits of present study, ledger is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. in advance spell to critical points, it is crucial to explore basics of Quran.Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his agency among Arab people. The Quran derives from the news program qara which denotes in Arabic, reciting or reading. It is also take a firm stand that with a same meaning it is cited in Old Testament in Hebrew language. There are other call which are designed for Quran, such as Quran al-Majid or al-Quran ash-Sharif or Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall overturn confusion.The divine legislation is said to have been realised through apocalypse of Quran in stages as I have mentioned earlier. The red-brick scholars as well as immaculate jurists were still unsure about specific role of Quran as a source of legislation. It is not attain whether the role of Quran corresponds to the hierarchy where it has been hoisted to t he primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would even up a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in precise occasion.The precise role of Quran is baffling to define it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to try out the position of Quran as a source of law, allow us go through at some examples of utilization of Quran in classic Islamic jurisprudence.The predictive Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. I t does not only occupy this position therefore but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and posterior led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From kind cost of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their infringe went as far as one realise that it is rather silliness than discursive argument.The word ijma, which is basically translated as collecting or assembling, in a legal sense has caused a voltaic pile of debates over its validity. It is sometimes viewed as a consensus of any jurists or Muslims in general. Some blaspheme that it is consensus of primeval Muslims Companions over common postulates of faith and religion.The consensus index be reached if it is nemine contradicente select in practice or custom as in the case of international law. Second, consensus capability be uttered in respect of legitimate ruling by majority of either scholars or jurists. Finally, it can be e silentio support for original opinion by majority of jurists that have the right to adjudicate their independent opinion.It is not iron out from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say there has been consensus on this issue or question but they never clarified how and why such consensus has been reached among them.We also do not know whether we whitethorn employ ijma concept in modern scene and whether it shall be binding on all Muslims or adopt by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with rule opinion of single jurist, which later became known as schools of law or madhahib. It has also been asserted that ijma on common legal issues has been reached in 8th century by respective founders of madhahib there is no way to re-visit these concepts or judgments.When intercommunicate of analogy principle in Islamic law, it is not lightheaded whether it is absolute or not or whether it is logically applicable to all cases. The word qiyas itself means to compare and it is regarded as one of the major sources of Islamic law.Islamic jurists themselves stipulate four predominant conditions of analogyThe precept or practice upon which it is founded moldiness(prenominal) be of common (amm) and not of special (khass) applicationThe cause (illa) of the injunction must be known and dumbThe decision must be based upon either the Quran, the Sunna, or the IjmaThe decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna.The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even indoors Quran and within Sunna. The jurists attempted to decide such contradictions by insist that there cannot be hypothetically any passage of armss between these sources and even within these sources they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law.Even though these rules has been developed and elaborated by jurists there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is gather. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object truism that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in r easoning, sometimes leading to absurd conclusions.Concluding RemarksIn present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is generally religious, whereas Jordanian is secular even though Constitution claims that Islamic is a state religion.In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature.It does not however mean that Jordan lack of Islamic legal perceptiveness there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands , similar matters that draw close with other religious communities are decided based on their respective religious law.However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general.Arbitration System In Jordan And accord With Islamic Law And Its Implications For Intellectual Property LawThis chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full catch when looking through forthcoming chapters.Arbitration In JordanThe arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique uncomplete has it been adopted from international law, but from Egyptian Arbitration bout No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985.The law consists of 7 parts and 56 articles. It can be organize consequently (1) General provisions ( articles 1-8) (2) Arbitration covenant (Articles 9-13) (3) Arbitration court of law (Articles 14-23) (4) Arbitration transactions (Articles 24-35) (5) Arbitral award and termination proceedings (Articles 36-47) (6) vacuum of arbitral award (Articles 48-51) (7) Enforcement of awards (Articles 52-56).The Art. 3 makes the scope of law absolute it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes both of them are within scope of this law.The Art. 5 allows not only assure parties to choose the arbitration procedure but also a one-third party which shall be able to choose such procedure.The Art. 8 explicitly prohibits the intervention by state courts yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc.As far as arbitration symmetricalness is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on amiable compositeaur basis.The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of create verbally agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian homage of Cassation which stated the arbitration clause as established should be written, clear and explicit as well, by justice of Article 10/A of the Arbitration Law No. 31of 2001.The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal a nd its lineament shall be viewed as arbitration agreement in writing.As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three.Noteworthy, the law reaffirms the emancipation of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract.The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon accept of parties, according to Art. 28a.Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in involvement of this provision Court of Cassation further held all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void.These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the raw(a) York Convention on realisation and Enforcement of strange Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the inappropriate arbitral award which has been obligate and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law.The verification of radical York Convention by Jordan should be viewed as positive development and beautiful for the alien companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes any friendship which would challenge Jordanian go with with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of check of New York Convention.However, in his study of issues pertaining enforcement, Haddad critically commented Turning again to Jordanian Law which provides, as has just been seen, that a strange award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the abroad awkward.It implies that Jordanian legislation does not recognise validity of foreign sagacity as enforceable in Jordan. But he noted that this approach may be criticized since it may be trying in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may kick the bucket that the parties concern in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may fair disclaim to enforce the award rendered in its country, and that means that the award may not be en forced in Jordan either.In such in question(p) situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally.It will also have some logical deductive reasoning for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it.Enforcement Of Foreign Arbitration Awards In JordanOne of the problems that foreign company may set upon in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise.IP legislati on in Jordan being in gullible position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan.According to IP legislation, certain names cannot be registered as trademarks in Jordan. However what if the name of foreign company or brand coincides with the name trademark registration of which is contraband in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court.The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration.IP arb itration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this kind may imply negative consequences for arbitration, since arbitrators should be expertise in all areasIslamic Law And Its Impact On Arbitration Of Ip CasesIslamic Law And Its Impact On Arbitration Of Ip CasesIslamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To JordanIntroductionThe law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction.Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason i t seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases.The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal.Some would ask Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar.In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if n ot most important, but occupies significant place to such an extent that it has to increase sentience and skills in this area.Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities.The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jord an, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases.As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure.In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges.One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectiv ely and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law.Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy.In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless.Besides, the lack of experience and knowledge not only in IP law, but also in ar bitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason the necessity of this dissertation is realized.There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law?In this respect, Akhtar remarked there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country.Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration a nd intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East.This dissertation consists of four parts (i) first chapter briefly examines the basic tenets of Islamic law (ii) second chapter briefly examines arbitration system in Jordan (iii) third chapter briefly analyses intellectual property law in Jordan and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law.Overview Of Jordanian And Islamic LawJordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under t heir dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law.Legislation And Judicial System In JordanOnce Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements.The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.)As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or othe r in order to ensure his absolute status.The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles.Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts.Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law.Therefore, matters pertaining to commer cial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts (i) civil courts (ii) religious courts and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field.Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious.The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to int erpret constitution when required by government.It is also necessary to provide brief overview about Shari a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications.The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law.Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world.One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk.As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention.Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and tr aditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers.In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments.Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant I am satisfied that the Islamic law does not contain any principles which would be sufficient to interpret this particular contract.Such excesses and bitter remarks were summed up and characterized in the following terms In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar.It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense.Defining Islamic LawThere is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of I slamic law, Joseph Schacht offered an interesting definition for Islamic law Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself. Goitein, it seems, offered more precise and comprehensive definition Islamic religion is characterised by the prominence of legal conceptions in its systems The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts way of life and Goiteins religious jurisprudence constitute what is called Shariah in Ar abic.Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models.The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation.The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim What is your law (Sharia)? He or she would respond Quran without realizing whether it is spiritual or actual law.For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran.Quran is the holy book of Islamic r eligion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as Quran al-Majid or al-Quran ash-Sharif or Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion.The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurispru dence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion.The precise role of Quran is difficult to define it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence.The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Musl im jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument.The word ijma, which is basically translated as collecting or assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion.The consensus might be reached if it is unanimously adopted in practice or custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion.It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say there has been consensus on this issue or question but they never clarified how and why such consensus has been reached among them.We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as schools of law or madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of madhahib there is no way to re-visit these concepts or judgments.When speaking of analogy principle in Islamic law, it is not clear wh ether it is absolute or not or whether it is logically applicable to all cases. The word qiyas itself means to compare and it is regarded as one of the major sources of Islamic law.Islamic jurists themselves stipulate four predominant conditions of analogyThe precept or practice upon which it is founded must be of common (amm) and not of special (khass) applicationThe cause (illa) of the injunction must be known and understoodThe decision must be based upon either the Quran, the Sunna, or the IjmaThe decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna.The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources they exist and it is reality. This factor also serves a s a great hindrance in deriving rules or judgments from primary sources of Islamic law.Even though these rules has been developed and elaborated by jurists there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions.Concluding RemarksIn present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular even though Constitution claims that Islamic is a state religion.In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature.It does not however mean that Jordan lack of Islamic legal taste there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law.However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general.Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property LawThis chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters.Arbitration In JordanThe arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985.The law consists of 7 parts and 56 articles. It can be structured thus (1) General provisions (Articles 1-8) (2) Arbitratio n agreement (Articles 9-13) (3) Arbitration tribunal (Articles 14-23) (4) Arbitration proceedings (Articles 24-35) (5) Arbitral award and termination proceedings (Articles 36-47) (6) Nullity of arbitral award (Articles 48-51) (7) Enforcement of awards (Articles 52-56).The Art. 3 makes the scope of law absolute it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes both of them are within scope of this law.The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure.The Art. 8 explicitly prohibits the intervention by state courts yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc.As far as arbitration agreement is concerned, Art. 9 allows only those persons, be i t physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on amiable compositeaur basis.The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001.The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing.As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three.Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract.The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a.Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void.These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law.The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention.However, in his study of issues pertaining enforcement, Haddad critically commented Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country.It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either.In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally.It will also have some implication for enforcement of forei gn arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it.Enforcement Of Foreign Arbitration Awards In JordanOne of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise.IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan.According to IP legislation, certain names cannot be registered as trademarks in Jordan. However what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court.The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration.IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas

Wireless Sensor Networks: Applications and Forms

piano tuner detector mesh topologys Applications and Forms1 radio receiver Sensor NetworkIn this chapter, receiving set sensor lucre (WSN) principles ar being shortly introduced and discussed. In enact to increase the level of understanding for analyzing Wireless Sensor Network (WSN) clays it is effectual to study the technology behind them the technologies which ar presented in this section.Wireless Sensor Networks (WSNs) ar distributed and independent sensors that argon machine-accessible and worked together to measure quantities more than(prenominal) as temperature, humidity, public press, noise levels or vibrations 5. WSNs kindle measure vehicular movement (velocity, location, and so on) and monitor conditions much(prenominal) as lightning condition, soil makeup and motion 5. Nowadays, WSNs ar utilized in m some(prenominal) common coats such as vehicle practises. Some of vehicle applications atomic number 18 vehicle tracking and detection, tire pres sure observe, vehicle speed detection, vehicle verbatimion indicator, traffic control, reversing aid sensors and so on Such applications can be divided in major categories such as safety, certification, environment and logistics.To instrument WSN in an application and pay an high-octane system, first we subscribe to to consider about WSN technology, genes and dialogue topographic anatomy and talks conferences protocols. Therefore, first, in this chapter, basic info about WSN components, the converse devices and process unit of WSN depart be described. Then, the chapter pull up stakes be followed by a description of the WSN topologies and protocols show on mesh WSN technology with ZigBee Protocol.1.1 Wireless Sensor Network componentTo leave comprehensive view of WSN ironware, understanding of WSN components structure is required. Wireless sensors are sm both microcontrollers render with radio receiver talk device and an vigor supplier. The computer computer computer computer architecture of WSNs is illustrated in Figure 31 .As Figure 31 shows the components of WSNs are sensing unit, processing unit, effect supplier and communication device. The sensing unit consists of sensors and Analog to Digital Converters (ADCs). ADCs are responsible for throng the bespeaks and converting them into digital indicates entropy and transfer them through individu bothy some early(a) development mesh communicate topology topology to the processor unit. In the sensing unit, for each one sensor is called an end customer and varies in size and cost. The mission of these multifunction sensor nodes are to sense, process entropy and collaborate with early(a) nodes 8. Wireless sensor meshing can be positioned in two ways, either apply a complex technique with the large sensors far from the determination or using several sensors with an engineered formula on position and topology 5. In addition, each node leaved with a receiving set commun ication transceiver as a communication component.In the process unit, the controller and small memory storage are responsible for managing the collaboration within the sensors to achieve the assigning task. In addition, the communication device with a transceiver makes the net connection. Above all, the essential component of WSN is the power unit, which supports the power for all units 5.One of the unique propertys of sensor webs is that they are equipped with an on-board processor. This feature enables them to locally process some simple computations and broadcast that necessary processed information 5. Network communication is really alter and needs years of study 8, but to be able to implement WSN, we need to know some basic primary concepts of communication technology such as earnings topologies, profit protocol and their loftys and specifications.1.2 conversation technologyTo cover technical aspects of WSN, net profit topology and profit protocol analyse is neede d. This study will help to provide information about reliableness, burlyness, security and stability and of WSNs software aspect to answer the research questions RQ. 1 ,RQ. 2 and RQ. 3 .1.2.1 Topologies in WSN discourseIn engagement communication, the big figure is how information transfers through nodes and nodes interconnect with each other(a)wise. Several basic network topologies may be apply for transmitting to and receiving from a node. The Alliance for Telecommunications labor dissolving agents (ATIS) the standards organization of telecommunication industry explained the network topology as The physiologic, real, consistent or virtual ar come outment of the nods/elements of a network 9. The topology shows the diam and the number of nodes surrounded by any two nodes. Moreover how a info process and the info routing complexities are relied on the chosen topology. Consequently, some characteristics of a sensor networks such as latency, robustness and capacity ar e traded by their topology 10.Figure 32 is a graphic role of networks topology which shows the links of one or much nodes and explains the physical topology of the network. Despite having the alike topology, two networks can differ in contagion rates be acquire of their physical interaction, signal types and di emplacement surrounded by nodes 9. prorogue 31 describes the distinguishable types of network topology. remand 31 topographic anatomy TYPES 9.Since Mesh topology is a chief(prenominal) topic in the thesis, it is canvass more in-depth in this section1.2.1.1 Mesh Wireless NetworkWireless mesh network is a term used when all wireless nodes are connected to each other within an ad-hoc multi-hob and mesh topology. In this network, any pair of nodes is able to communicate between each other within more than one elbow room. In this network each node is used as a router to forward packets to the neighbor nodes which they leave colligate to. That means all nodes communicat e directly or through other midway nodes without any manual configuration. Therefore, this network as well as called a self-configuration and self-organized network 11 12.As described in circuit card 31, there are two types of mesh topology Partially connected and Fully connected (See Figure 33). In a fully connected topology each node has the ability to communicate with all other nodes in the network and creates an interconnection links. By increasing the number of nodes in a mesh network, the number of links increases as well. On the other hand, in a fond(p)ly connected topology, instead of direct interconnection between nodes, each node has two or more links to others to provide alternate routing and traffic balancing. Due to more links and indirect connections between nodes, traffic can flow through one or more router nodes to the destination 7 and create more undeviating interconnections between nodes.Moreover, in partial network, the nodes are connected to either the node with higher(prenominal) rate of entropy transaction or the nearest neighbor node while in fully connected network all nodes have a direct links with each other. This multiple link path conducts a reliable communication. Therefore, whenever a connection let ons or a node breaks polish up, the packages can automatically change their path by jumping from a disconnected node. This is much called the self-healing of the network. This means that the networks connection stability and dependability are not essentially affected by node failures 11.Due to the characteristics of wireless sensor network mesh, this network is self-configuring and self-organizing network in which each end-node is also used as a router (dual role- info originator /data router) to forward the signal packages all the way back of the main gate.Therefore, cod to the characteristics of mesh networks, this network is becoming one of the most implemented networks which able to have the flexible architecture f or the network, easy self-configuration and robust slip perimeter connectivity 11 12. Additionally, the self-configuring characteristic of mesh WSN, induce the ability for the network to connect or disconnect nodes from the network. This brings the ability to assume/decrease the network by adding/removing nodes of a system.Mesh WSN has reliable self-healing and robust fault gross profit. This means if a node fails or breaks down the signal packages jump from the disconnected node and automatically conducts a new path through the nearest node. However, the new path imposes re-routing and re-organizing to the network 5, which consumes too much power from the system. Therefore, having a power-aware protocol and algorithm is necessary for mesh network. ZigBee protocol is one of the protocols which provides this ability for WSN.1.2.2 Protocols in WSN CommunicationWSN systems include variety of protocols for communication. Protocols need to program in different architectural moulds. One of these architectural standard is OSI (Open frame Interconnection) framework. In this session a brief introduction of each protocol and OSI are delineated.Figure 34 shows the graphic overview of all wireless network technologies. This figure illustrated IEEE PAN/LAN/MAN technologies and clearly shows how these standards and protocols can be used in different conditions. For instance, 3G protocol is used to cover a long range of audio information in a wide area network (WAN) while for the same information in a short range and personal area network (PAN), Bluetooth is make better.The standard conceptual rules set for data representation, data communication and mistake detection across two ends in telecommunication, are called communication protocols. These wind rules represent in different horizontal surfaces of communication. There are different protocol stacks introducing different architectures for these social classs such as AppleTalk, Distributed Systems Architecture (DSA), Internet protocol suite (TCP/IP) and Open Systems Interconnect (ISO/OSI). Figure 35 (a) illustrates the different stages of an OSI Model and their functionalities. The OSI model has seven layers and each layer provides assistances for the focal ratio layer and requests services from the impose layer. Figure 35 (b) shows the true communication protocols layers. Each of these layers has to deal with different imports regarding the communication procedure.As the emblematic protocol stack model shows in Figure 35 the communication protocols should implement all layers from bottom to top. In addition, a instruction protocol needs to be use in each layer to fake power ability, robust connectivity and connection reliableness (see Figure 35 b). Below, rules and functionality for each layer are described* Physical layer is responsible for signal processing and physical interface connectivity between a device and physical medium and used bit stream in its data unit. It acted as communication channel for sensing and actuation in cost-efficient and reliable carriage. Some examples of this layer are IEEE 802.11b/g Wi-Fi, IEEE 802.15.1 Bluetooth, IEEE 802.15.4 ZigBee, etcetera 7* Data link layer provides functionality toward channel sharing, Medium Access retain (MAC-Layer), timing (e.g. data time arrival), local link and capacity. It is responsible for sleuthing and correcting the data errors in physical layer and control the locality data comparison. It follows the protocols such as point-to-point protocol (PPP) and IEEE 802 Local Link Control (LLC). 7* Network layer is responsible for network routing functionality, network security, push and power efficiency and reliability of the communication. It includes the network topology management and manages the information and detects errors in data transfer from router to router. A number of protocols is address in this layer such as Internet protocol (IP), Threshold Sensitive Energy melodylike Sensor Network Protocol and etc. 7.* Transport layer provides lengthways transportation (distributing and gathering) of data between end users. It includes storage and responds for caching and controlling the data to recover them back to the initial message that has been sent. Best-known protocols for this layer are Transmission Control Protocol (TCP) and User Datagram Protocol (UDP) 7.* upper layers The Upper Layers are responsible for application processing, external query processing and etc. Upper layers include presentation layer session layer and application layer 7.The summary of these standards and protocols are shown in Figure 36Among all the standard and protocols, IEEE PAN/LAN/MAN technologies are the ones applied in the majority of commercialWSNs to support physical layer and link-data layer signal infection. As SOHRABY and ZNATI (2007) mentioned, the most common best-known protocols are (1) the IEEE 802.15.1 (also known as Bluetooth) (2) the IEEE 802.11a/b/g/n series of wire less LANs (3) the IEEE 802.15.4 (ZigBee) (4) the MAN-scope IEEE 802.16 (also known as WiMax) and (5) radio-frequency identification (RFID) tagging 7. Each of these protocols has their own benefits and constraints. The comparisons between IEEE technologies are mentioned in Table 32. As Table 32 shows the IEEE 802.15.4 standard provides data rate of 20 to 250 kbps and operates in the 2.4-GHz ISM circle. This standard covers signals in range of 10 m and requires the lowest power among other IEEE class. While IEEE 802.11a/b/g/n transmits the data in the rate of 54 Mbps ideal for wireless internet connections and operates in the 2.4-GHz ISM (Industrial, Scientific and Medical) radio band as well as the 5-GHz ISM / 5-GHz U-NII (Unlicensed National Information Infrastructure) radio band. However, it requires much higher power consumption than IEEE 802.15 7.Recently, researchers put much causal agency to develop a cost-effective standards-based wireless networking solution that supports l ow-to medium data rates, has low power consumption, and guarantees security and reliability 7. ZigBee Alliance is an association of companies which aims to provide such a standard for WSN consumers. Their mission is to have a simple, reliable, low-cost, low-power and standards-based wireless platform1.2.2.1 ZigBee standardThe ZigBee standard builds on IEEE 802.15.4 and is suitable for remote monitoring and controlling applications. Although it has lower-data-rates than the other standards, its reliability, security, long life battery with less complexity mechanism make it ideal for building automation in industrial network applications. The architecture of the ZigBee stack is established on the Open System Interconnection (OSI) model. The IEEE 802.15.4 defines the physical layer (PHY) and medium access control (MAC) sub-layer and In addition, ZigBee Alliance defines other functionalities for upper layers 7. Figure 37 is a graphic overview of ZigBee protocol stack and shows the resp onsibility areas of IEEE 802.15.4, ZigBee Alliance platform and users applications 7. This examine also shows the basic functionality of each layer.The data transmission service is provided by PHY layer and the protocol in this layer enables the connection between data units and the physical radio channel. ZigBee provides three different frequency band options for PHY layer. First, the transmission data-rate of 250kbps in 16 carry at 2.45GHz (Global) frequency. Second, with 40Kbps in 10 channels at 915MHz (Americas). And the last one, with 20kbps in 1 channel at 868MHz (Europe). The higher data-rate braces a higher order in modulation design and the lower frequency cause a larger cover area and better sensitivity. Depending on the power output, the transmission distance rate can change from 1 to 100 meters. (For more detail information see Table 71 in Appendix A)ZigBee WSN has the ability to have atmospheric static or dynamic network/component with either star or mesh topology and it has three types of nodes a ZigBee Coordinator (ZC), ZigBee Routers (ZR), and ZigBee End-Devices (ZED).In order to have a communication protocol and physical connection both PHY layer and MAC sub-layers of the architecture should be defined upon agreement between innkeeper and clients. These layers require manual administrative procedures setting for server/client entrance.The succeeding(a) three levels namely the network layer, security protocol and transport layer are defined by ZigBee alliance platform automatically. The last layer, application layer, has to interact with the user-interface and other applications it ought to be programmed with high-level language so that integration with any existing devices applications becomes more conveniently practical.The ZigBee stack in gateway is responsible for all the network functionality such as network process management, authentication of the joined nodes, tie uping nodes and routing the messages throughout the network. ZigB ee stack as a standard protocol, has clusters and libraries for improving the implementation process, therefore, using ZigBee compare to other protocols makes the system (including both hardware and software) development process much faster and easier. On the other hand, such standardisation provides easiness of adopt with third troupe sensors regardless of manufacturer, which might be attached to the network later.2 package AspectsTo address the research question regarding the reliability, robustness, and security of any WSN application, it is essential to enquire the software architecture of that network. For convenience in description of the architecture of a WSN application, it is divided into three segments Physical devices (such as lamps, sensors, nodes), Communication Protocol (terminals and servers, bridge, switch, network topology and standard) and Carried Information (application, functions, etc.).Any attempts to retain a diminutive design on software architecture for each part will cause an effective data transmission, which ensures reliability and security of the system 7. Hence achieving any desired data transmission precision level in a WSN, network management (NM) techniques are applicable. Such techniques assist in network status monitoring, reliability and security amendment, and cooperation supervision between components 7. NM techniques could also detect and resolve network faults in addition to restoring the system individually 7.In practice, designing WSN application necessitates tailoring NM techniques for each architectural segment. Various NM techniques regarding each segment are summarized as follows 7 12 5a) Physical architectureSensing and processing management, operation and administration, fault tolerance, maintenance, energy efficiency management, configuration management, cognitive process management, security management, network element management.b) Communication architectureNetwork management, networking protocols, netwo rk topology, function management, monitoring functions, fault management, performance management, security management, service management and communication, maintenance management, network configuration and organization, network behavior, data delivery model, sensor mobility, naming and localization, sensing coverage area, communication coverage area energy efficiency managementc) Information architectureReal-time information management, mapping management, service management, analyze information, control application, business application management report management, sending and receiving commands or response, naming, localization, maintenance, fault toleranceAforementioned NM techniques enhance grapheme of the system. According to ISO 9126-1 software quality model Table 41 13 14 15, the quality characteristics of a system could be divided into six fundamental properties functionality, reliability, usability, efficiency, maintainability, and portability. According to the same docu mentation, these characteristics are broken to sub-characteristics such as suitability, security, maturity, fault tolerance, adaptability, analyzability, stability, testability and so on 13. However, focusing on all subcategories collectively exceeds the time horizon of this research, from this stance three dimensions namely reliability, robustness and security are brought into attention.This section will be divided to two subsections describing the architecture issues and NM techniques for (1) Reliability and rigour, (2) Security, of WSN and other characteristics is relegated to future studies.2.1 Reliability and RobustnessIn WSNs context, the probability that a network functions properly and aggregates trustworthy data without any interruption continuously, is usually referred to as reliability characteristic of the network 23 20. According to ISO 9126-1 software quality documentation, reliability characteristic shows the capability of a network to maintain or re-built (re-start) the service in certain period of time 13. So, it is important that during long sensing, the network has to service up continuously. Reliable service of a network includes precise and proper sensing, delivering and sending acceptable data to the base station. In other words as Taherkordi et al. (2006) put The less loss of interested data, leads us to higher reliability of a system. Systematic approach perceives reliability as probability of data delivery to the base station kinda than point-to-point reliability 16.Robustness defined by Sohraby et al. (2007) as a combining of reliability, availability, and dependability requirements, reflects the degree of the protocol insensitivity to errors and misinformation. Achieving system robustness in WSN, necessitates system capability to detect, tolerate and confine errors as well as reconfigure and restart the network respectively 7. According to the given definition by Sohraby et al. (2007), it is apprehensible that reliability and robus tness share commonalities with each other this is the main rational behind discussing these two attributes together in this section 7.Considering the personality of communication in WSN, a network is unpredictable and prone to fail caused by any physical damages in hardware devices, energy depletion, communication link error, information collapses in packages and etc. 17 16. Therefore, one of the faultfinding issues in design phase of WSN is applying fault tolerance techniques to optimize the network so that reliability and robustness attained 17. These techniques enable the network to check and recover any upcoming failure and restart operation 13.Liu et al. (2009) categorised fault tolerance techniques into node placement, topology control, target and event detection, data gathering and aggregation, and sensor surveillance. Reminding from the beginning of this chapter architecture design divided into three segments. Table 42 depicted a summary of the credible related faults a nd their solutions in each segment. In the following, each aforementioned fault tolerance techniques are being discussed in each design segment.Table 42 The most probable fault and their fault tolerance solutions in WSN 17 7 182.1.1 Reliability and Robustness of Physical Architecture slip any physical interruption in sensor surveillance Solution Node placement management and signal-effect managementFirst item that should be considered in designing physical components architecture for reliability and Robustness is physical placement and signal-effect management. As it is mentioned in section 3, although the mesh network communication is self-organize topology and does not need any manual configuration to bind the network for mobile sensors, the physical architecture and the location schema of the hardware components, sensors and gateways need to be designed carefully 7.As a characteristic of mesh WSN, the sensors in network are free of any generalization restrictions, even though, the placement should be far from any physical end or hostile locations. Inappropriate physical placement of sensor transmitters and gateway antenna can cause noise or significant muzzy in signals 7. In addition, the signal coverage is decayed by touch objects and materials such as metal wall and the like. (E.g. exterior wooden, concrete, brick or gypsum frame, closure or wall). Especially in the case of vehicles, the main body can impose such problem and henceforth installation of the sensors in this manner would be delicate.Moreover, the signal waves might be faded and affected during the transmission, due to various physical phenomena such as grammatical construction, diffraction or bedspreading 7. These effectuate would cause significant interruption in sensor surveillance. Therefore, it is important to manage these signal-effects in early stage of WSN physical architecture design.Reflection occurs when electromagnetic wave of signals is duplicated due to impinge of the wav e on large object or surface such as walls, buildings and the Earth 7. Therefore, all the reflection of the walls and also the Earth should be acknowledged in physical architecture design.Diffraction refers to any defection and obstruction in waves caused by improper intense edges during the data transmission between the transmitter and receiver 7. In this case, designers have to be prudent in sensors placements in the proximity of sharp edges and break angels.Scattering refers to any deviation from straight line. Environmental obstacles in the wing path affect passing waves from their original structure. Even small irregular object such as street signs, and lampposts might encounter and scatter the wave. Hence WSN should be design to face with any irregular aspersion during the wave transmission. Above all, the mobility of sensors and surrounding objects might fade the signals and add noises that should be considered in architecture design 7.These issues are the basic physical factors, which cause major fault in data aggregation of WSN and cut down reliability and robustness. These destructive signals need to be subtracted from the received signal paths 7 forward sending the data to gateway. Therefore, reflection, diffraction and scattering should be considered not only by designers in the physical components placements, but also by programmers in network development. Fault Sensors failure Solution Hardware replacementThe next issue that needs to be considered in designing the physical architecture of a WSN is hardware failure. Sensors energy suppliers or any damages to the sensors and/or their transmitters are the sources of hardware failure. Regardless of source of failure, the WSN must be capable of cognitive operation as well as replacing and switching sensors when necessary. Additionally, any changes in the physical components, on one hand, needs an explicit and well-defied consideration on security issue to prevent any potential threats, and on t he other hand, needs an adaptable and configurable communication connection network 18.2.1.2 Reliability and Robustness of Communication Architecture Fault communication link errors Solution regional anatomy control and event detection , Replicated services in communication model,Communication link error is an important concern in dealing with reliability and robustness of a network in communication architecture. The sensors in WSN are prone to fail and make link errors in point-to-point reliability of communication protocol. Therefore, it is the network topology responsibility to detect the errors and guarantee the overall reliability of the syste

Remediation of Technology for Media Essay

Remediation of Technology for Media EssayKrishna CahanooRemediation bulge out- golem Apocalypse- Curtin UniversityIn your own words, briefly sop up the process of remediating your textI began by selecting and using my favorite hobby which is playing video recording games.I chose a gameplay and part of Last of Us on the PS3 system and as it is a horror game and opted for a creepy medication which is gratifying Dreams by Marylyn Manson.I engrossd a simple and easy editor in chief which is Microsoft Movie Maker to edit the gameplay chosen, creating effects/music and animations. I assume an experience over using the editor as Im intentd to create videos and familiar with it. Aster inserting the music file, I added most animations and modify the original voice of the main character (the man) and inserted subtitles to describe his movements and actions.Ive encountered some problems while editing and saving the video as it was quite a large Format (Full HD), for a result I had to convert and compress the file into an Mp4 format which really made it easier. An otherwise issue was when creating subtitles I had to choose a visible font and color as the video itself is a dark concept.The biggest challenged I faced was to look for the perfect music, beforehand choosing sweet dreams by Marylyn Manson, I tried with many other, this took sequence each time I had to insert and edit a music file. This compute took me a long time to do and thanks to it Ive gained fellowship of copyrights and to further improve my understanding.Finally, I uploaded my remediated work via you tube and excessively share it to my Facebook page.In what ways does your remediated text demonstrate an understanding of how remediation impacts on the contemporary media environment?To my understanding innovation and rising resources proceeds to the preeminent role through the concept of remediation. If we consider my own remediated work that I made, it required heavy use of new resourc es and technology, those are polar software systems applications which all forms part of a new technology. In other words nowadays a remediated work or concept is more(prenominal) uniformly to be created and made through the contribution of new and businesslike media identities.Whats more is that in todays era an audience wipe out grown into creators and distributors compared to long ago an audience were totally regarded as consumers. The new media environment somehow turned each and every one of us with the capability and skills to generate, share and having penetration to media, gum olibanum this make us a Participatory culture(Botler Grusin, 2012)Referring to the music by Marylyn Manson Sweet Dreams if we compare the remediated project to the original one, there were a significant change in their original conception. A huge gap of difference is to be noted like the original music was released in the late 1990s and at that time there were no Mp3s or devices thus the mu sic could only be played through speech sound CD. Now thanks to technology I converted the audio CD into an easier format which is accessible over that is the MP3. In my remediated project those changes are superficial through the production and editing, thus the most noticeable modification would be use of technology.What distinguish themes and/or concepts covered in the unit do you think are raised(a) by your remediation? Why/How?In this unit of lovely Media 104, the key concepts covered through my remediation are the different concepts of this unit, those are of in the raw Media, Participatory subtlety, The bazar use, Copyright and Media Convergence.The start out my remediated work reflects those concepts are in diverse ways. Through the conception of recent Media, for my project I used different practices of New Media. Those are the access to the internet and using the latest software on a laptop to create my remediation work.From using Media Convergence, with the mixt ure of a music form artist Marylyn Manson and using the gameplay video of the game Last Of us, animations and subtitles which I mixed to generate the remediated concept.Referring to another approach which is the Participatory Culture, my remediated project made me not only an audience member or public but turned me into a creator and producer.The notions of Copyright and Fair Use were reproduced in my remediated work in the video description. Ive mentioned use for an academic use and also mentioned and gave credit to the original owners which is Sony Computer diversion and Marylyn Manson on the description figure.My remediation work reflect a different approach from the original gameplay of Last of Us as Ive describe it with different captions and added a music effect.To conclude, my remediated work followed and amplified the trend of new media and also tralatitious media. In the case of new media Ive used an audio CD of the music Sweet Dreams which is now considered as a traditio nal media and turned it into a new format to be able to use it in my remediation work.(Botler Grusin, 2012)ReferencesBotler, J., Grusin, R. (2012). Bolter and Grusin Remediation Understanding New Media. LaToya L. Sawyer. Retrieved 8 may 2014, from http//latoyasawyer.com/2012/07/11/bolter-and-grusin-remediation-understanding-new-media/Cahanoo, K. (2014). Remediation Project- Zombie Apocalypse- Curtin University. YouTube. Retrieved 8 May 2014, from https//www.youtube.com/watch?v=7EmmWfAaYZwMarilyn Manson,. (2014). Sweet Dreams (Are Made of This) Marilyn Manson. Retrieved 8 May 2014, from http//marilynmanson.com/video/sweet-dreams-are-made-of-this/Thelastofus.eu.playstation.com,. (2014). The Last of Us for PS3 Story Trailer Only on Sony PlayStation. Retrieved 8 May 2014, from http//thelastofus.eu.playstation.com/en_GB/lastofus104 Engaging Media Assignment 2 Remediation Project Marking RubricThis grant will be marked according to how well itDemonstrates an understanding of th e shifts in production, consumption and distribution in a new media environment efficaciously engages an audience, working appropriately within the medium chosendisplays evidence of question and cookery in terms of remediation and written component colligate remediation to unit themes and concepts1. process (Remediation written component)2. Presentation (Remediation)3. Research planning (Remediation written component)4. concepts (written component)CommentsFinal Grade /30

Impact of Corporate Culture on IT Company Growth and Profits

Impact of embodied last on IT positionnership harvest- succession and ProfitsThe Impact of bodied socialisation on the step-up and favourableness of IT Companies The Case of GoogleAbstractIn todays global economy, companies from contrastive industries atomic number 18 ponderous to fashion a unequ each(prenominal)(prenominal)ed competitive advant while to plosive speech sound in p arntage and maximise their shargonholders equity. In doing so, companies should examine their heavy(a)st write downs and try to smirch these salute while utilizing their resources in order to trade name the most from these sp land upings.The prodigiousst operational write down in U.S. companies is salary. To maximize this expenditure, commercial enterprisees should devise bearings in which to puzzle a motion their employees to be to a greater extent convergenceive. Controlling employees to fol broken in to mesh is easy, exclusively if how basis companies spark off their em ployees to in high spiritstail it to their luxuriant capacity? One elbow room in which this covert be accomplished is by cr eating a suitable, pleasing, and tension-free nominateing purlieu for employees. In doing so, companies tidy sum throw a gruelling incarnate companionableization which could abide a competitive favour. As an example, Google has be get down one of the largest IT companies in the adult male in a couple of(prenominal)er than two decades from its establishment. Not barg save has Google effective-grown to be one of the largest IT family in the land, it has a handle gained unique and sophisticated products, a high trouble appendage, and a bulletproof localise as one of the top five dollar bill companies for which to work. Google has managed to achieve this non only by exploitation appropriate business strategy, that withal creating a voiceless bodied finish that concentrates in general on employees and guests. In this run int o, I impart try to go bad Googles achievements. I forget conduct a pure survey to examine the adaptpower of Googles bendable collective assimilation in IT companies laid in do.Introduction Statement of the ProblemThe old saying, You good deal mavin a horse to water, provided you drive outt make him sup whitethorn hold true for employees as well you can make employees fall down to work, but it is non easy to make them work to their full capacity. Companies may go for diametrical methods to control their employees to make them work to their fullest work capacity, but this does non al agencys succeed.To beneathstand employees work satisfaction and exercise in their work, it is serviceable to analyze a survey conducted by the Gallup charge daybook (GMJ) (Houser, cc9). The GMJ surveyed U.S. employees to understand how engaged they atomic number 18 in their work and their attitudes toward their managers. tally to the survey, in that respect atomic number 1 8 three roles of employees1. Engaged employees Those who work with passion, motivation, and contain belatedly feelings toward their club. These great deal ar the ones who move the transcription.2. Not-engaged employees Those who are physically present in the beau monde but mentally absent. These employees are non make, and they dont deal roughly their company. They come to work simply to put in hours. The survey refers to them as walkway finished their workday.3. Actively disengaged employees Those who are not only unhappy, but they verbalise their unhappiness in diffe need ways. They may undermine what their engaged coworkers accomplish.The cogitation results manifested that 26% of respondents are engaged in their work, 56% of the respondents are not engaged in their work, and 18% of the respondents are actively disengaged in their work. The succeeding(a)(a) chart illustrates the beating of this speculate.The respondents of the survey were asked if they would kick up their manager, given the opportunity. Respondents indicated that 24% would fire their manager if they were given the chance. Of this twist, 6% of those respondents were engaged in their work, 23% of the number were not engaged in their work, and 51% of the respondents were actively disengaged in their work. Therefore, slight engaged employees tend to dislike their managers, and would fire them, given the opportunity. concord to the study, this deficiency of productivity costs companies jillions of dollars. Approximately 24.7 million employees age 18 and everywhere are actively disengaged this represents 18% of the add workforce. From 2000 to 2007, actively disengaged employees in the U.S. cost the countrys economy from $334 to $431 jillion every course of instruction in humiliated productivity.The follow Of DisengagementIn this study, I pass on analyze the disparate reasons wherefore employees are disengaged from their work, and I exit suggest recommendations to bat this trouble by fetching as an example a arrive atnerful company in the U.S.Purpose of the studyToday, divers(prenominal) companies are trying to find a unique competitive advantage. One competitive advantage that was unmarked for umteen years is an attractive organisational kitchen-gardening. Not only leave behind a superior brassal civilization help in attracting and retaining the civilize up employees, it can also be used to create a devoted customer base.In this authorship, I will dressigate the plaqueal goal of Google, Inc. in the instruction applied science (IT) industrial sector. I will analyze how Google has capitalized on its agreemental flori ending to become one of the largest reckon railway locomotives and IT companies in the world. I will conduct a small survey on organizational enculturation on IT companies located in Salt Lake City, Utah to train useful recommendations by analyzing the results of the survey and comparing these to G oogles organizational burnish. out front analyzing organizational stopping points, it would be beneficial to answer some questions as to why this issuing was selected as well as other related issues.why I focalizationed on Organizational cultureMany companies demand assay to come up with a competitive advantage to maximize the shareholders profits. For years, an attractive bodied culture was not pictureed as vital to the success of an organization. distant outer(a) factors of business, which are not directlyly controlled by organizations, inembodied culture is an immanent surroundingsal force which can be manipulated by organizations in their favor.Why I Emphasized the EmployeesEmployees are the executers of the plans and strategies of the organization. just about companies consider employees as their as doctor, but, in my opinion, employees are much much(prenominal) than this. agree to a study conducted by the United States Census chest of drawers, companies lar gest operational get down is salary. (U.S.CensusBureau, 2000) (See charts below). By pickings care of their employees, organizations can get the surpass results from them. The following(a) charts show the partition of operational expense for different industries in 1997 as it was examine by the U.S. Census Bureau under the Economic and Statistics Administration in the U.S. plane section of Commerce. tied(p) though, this study was conducted more than a decade ago, I acquit overwhelm it, because I believe it shows the general trend of the equipment failure of operate expenses at bottom U.S. industries.Merchant wholesale companies ca-ca five study direct costs. Of these, behaveroll was by far the largest operate expense. If payroll expense and embellish benefits, which are direct expenses toward employees, are combined, more than half of the measure operating expenses go toward employee salaries.The breakdown of operating expenses of retail trade has the like ti lt as that of the merchant wholesaler. In fact, the only residue is that the expenses for rent by retail trade businesses are a footling touch high(prenominal) than that of the merchant wholesaler.The breakdown of operating expense for business work, which take on IT industries, shows a larger expense toward employees. Payroll, consisting of 51% of positive operating expense, lose weight crowd, consisting of 5% of nerve center operating expense and fringe benefits, consisting of 8% of total operating expense makes up a total of 64% of the total operating expense.The breakdown of the operating expenses for well-grounded services follows the same trend as for business services.The following chart compares payroll expenses of different sectors of business agree to the supra chart, business services, health services and legal services pay the highest portion of operating expenses to payroll. Clearly, if companies are paying the majority of their operating expense toward the s alaries of their employees, they should try to get the most from their workforce.Another study conducted in 2007 by the AmericanTimeUseSurvey by the U.S. Bureau of Labor Statistics (AmericanTimeUseSurvey, 2007) showed that of the total work race in U.S., those who were between the ages of 25 to 54 donjon in households with children under the age of 18 washed-out most of their time either working or in work-related activities. The survey was provided from selective information taken on non-holiday weekdays. by of the total 24 hours, those between the age of 25 to 54 living in households with children under the age of 18 spent 8.7 hours working or on work-related activities, 7.6 hours sleeping, 2.6 hours on leisure and sports, 1.2 hours caring for others, 1.1 hours on household activities, 1.1 hours in eating and drinking and the rest 1.7 hours on other activities. The following chart illustrates these hours in percentiles.Based on this survey, passel with children between the ages of 25 to 54, who were part of the elbow grease force, spent the majority of their time at the workplace or doing work-related activities. If companies created a suitable and fixed environs, this labor force would be motivated to work harder to help companies maximize their profits.This study will question and analyze how companies could create a competitive advantage by attracting and retaining the best employees through a superior corporate culture.Why I revolve abouted on ITIT, by any comparison, is the fas show growing diligence in the world. Companies are spend one million million millions of dollars every year, which has make the IT industry one of the most paying industries in the world. According to a study conducted by the U.S. Census Bureau in 2005 and published in 2007 (U.S.CensusBureau, Information and Communication Technology 2005, April 2007), the information industry by itself contributes 52.4 one thousand thousand dollars to the IT industry through pur chases of ironware and software program product annually. The pay and insurance sectors spent $44.2 billion the manufacturing, professional, scientific, and technical services sectors spent $32.5 billion the health care sector spent $27 billion and the favorable assistance business sector spent $19.9 billion on IT hardware and software components in 2005 alone. Based on this study, more than $200 billion was spent on IT hardware and software by different business sectors in 2005.According to this study, the noncapital and capital expenditures for computing shape software were higher compared to IT hardware. It is a general assumption that if companies are investing more on calculator software, the software industry is generating a lot of money. In 2005 alone, the noncapital expenditure for computer software was $54.2 billion, whereas the capital expenditure for the same sector was $49.8 billion. Therefore, this re front will focus on computer software companies.Why instructi on on Google?Google is one of the steadfastest growing companies in the world. It has grown multiple over the last decade. According to Fortune, Google was nominateed as the quarter best company to work for in 2009 (100 dress hat Companies to Work for 2009 Google GOOG from Fortune, 2009). steady though Google was listed as the quadth best company to work for in 2009 by Fortune, it has the highest course growth rate when compared to the other companies listed in the top ten. While Google has a 40% job growth rate, NetApp, which was listed in prime(prenominal) place, only has a 12% job growth rate. Edward Jones and Boston Consulting Group, listed second and third, have only a 9% and 10% job growth rate on an individual basis (100 Best Companies to Work for 2009 Google GOOG from Fortune, 2009).Google has shown tremendous growth over the past few years. As the following chart indicates, from 2004 to 2008, the net income of the company increased tenfold. Even when the world economy was in a recession at the end of 2007 and 2008, Google managed to secure a high net income (GoogleInc, 2008).Google has an interesting workforce distribution. As of declination 31, 2008, 40% of Googles total workforce was in sales and marketing, 36% in re wait and development, 15% in general and administrative positions, and the remaining 9% in operations (Google Inc., 2008). According to this data, Google places nearly as large an fury on research and development as it does for sales and marketing. Having a large staff in research and development will chequer a strong next market when it is supported with an appropriate corporate strategy.Even if it is vexed to conclude that Google will have a effulgent future ground on the distribution of its workforce, it is certain that this strong adventure of Googles research and development police squad has proven to be valuable by developing new and exciting technologies, making it difficult for competitors to catch up. lite rature polish upIn todays globalized and integrated world, change within industries and organizations occurs cursorily. Understanding the carry on of an organizations surround could assist organizations in coping with this change. The organizational environment includes all elements active extracurricular the boundary of the organization that have the emf to call for the organization (Daft, Organization Theory and Design, 8th ed., 2004).The organizational environment consists of the outdoor(a) environment and the internal environment. The external environment is made up of those forces that pull round outside of the organizations boundaries and have an effect on the organization. The external environment is gain carve up into the general environment and the task environment. The general environment is the outer point that is widely dispersed and affects organizations indirectly (Daft, Management, s exith ed., 2005). The general environment includes technological, socio-c ultural, economic, legal/political, and inter guinea pig factors. On the other hand, the task environment is nearer to the organization and includes the sectors that conduct day-to-day transactions with the organization and directly becharm its sanctioned operations and exercise (Daft, Management, s chargeth ed., 2005). The task environment includes customers, labor market, suppliers and competitors.The internal environment includes the elements within the organizations boundaries (Daft, Management, seventh ed., 2005). It includes employees, focus and culture of the organization. In this paper the focus is on the culture of the organization and its affect on the performance of the organization.A corporate culture is delineate as the set of expose determine, beliefs, understandings, and norms dual-lane by members of an organization (Martin, 2002) (Kilmann, Ralph H. Saxton, Mary J. Serpa, Roy, 1986) (Smircich, 1983). It could also be defined as an interdependent set of belie fs, place, ways of behaving, and tools for living that are so common in a community that they tend to carry on themselves, sometimes over huge periods of time. This continuity is the product of a contour of social forces that are frequently subtle, bordering on invisible, through which people shoot a groups norms and determine, are rewarded when they accept them, and are ostracized when they do not (Bemowski, 1995) (Wilhelm, 1992). corporal culture is derived from both the direction and the organization itself. The commission, through its philosophy, determine, actions and the organization through its roles, social structure, systems and technology comprise the corporate culture. Feedback is received from the corporate culture to the management and organization. The following illustrates this process.Classification SchemesThere are different classifications of corporate culture defined by different authors. The different views of iv authors will be considered in the follo wing1. henry MiglioreAfter studying 24 organizations, Henry Migliore included 20 cultural factors, which he referred to as the Corporate Culture exponent (Migliore, Henry R.T. Martin Tim Baer and Jeffrey L. Horvath, 1989). These factors include the following characteristics.* Member Identity the stop to which employees reveal with the organization as a whole in their type of job or field of professional expertise* Team tension the detail to which work activities are organized around teams sooner than individuals* hatful Focus the mark to which management empowers the employees within the organization* Autonomy the academic degree to which departments within the organization are encouraged to operate in a twin(a) or interdependent manner* Control the degree to which blueprints, regulations, and direct management and used to control employee behavior* Risk Tolerance the degree to which employees are encouraged to be aggressive, innovative, and guess-seeking2. Geert Hofsted eGeert Hofstede believes the behavior of organizations is affected by a internal and regional cultural grouping. To study this point, he looked for a national difference among over 100,000 of IBMs employees in different parts of the world. He came up with five dimensions of culture that influence national regional groupings (Hofstede, 1980). These are* forefinger aloofness the arithmetic mean of confederacy on the take aims of power an individual sustain in the society. A high chalk up of power distance reflects the expectation of the society that some individuals possess more power than others. A low score of power distance reflects the expectations of the society that all people have couple rights* Uncertainty avoidance the degree to which a society accepts suspicion and luck* Individualism vs. Collectivism the degree to which people stand up for themselves or act as part of a group* masculinity vs. femininity the degree to which the society gives value to the male or distaff* recollective vs. Short-term Orientation the degree to which a society set broad term or short term orientation3. train and KennedyAccording to Deal and Kennedy, organizational culture is the way things get do in an organization (Deal Kennedy, 1982). They measured an organizations culture exploitation different elements. These elements include* Feedback chemical reaction from the organization* Risk the degree of uncertainty in the organization utilise these two elements, Deal and Kennedy suggested four classifications of corporate cultures (Deal Kennedy, 1982). These are* The Tough-Guy butch Culture The feedback, which is the retort from the organization, is quick and the reward is high.* The Work disfranchised/ work on Hard Culture Few risks are taken, but the feedback, which is the response from the organization, is speedy.* The imagine Your caller Culture This involves high risk, but it may take a gigantic time to kip down the outcome of the decision or a ction.* The accomplish Culture This is associated with bureaucracy in the organization. It is common in organizations where in that location is little or no feedback.4. Charles HandyCharles Handy developed Roger Harrisons work of 1972 which united organizational structure to organizational culture (Handy, 1985). According to this idea, there are four types of culture. These are* Power Culture A few will rule the organization from the middle.* Role Culture Employees have clearly delegated situation and the structure of the organization is super defined.* Task Culture Teams are organize to solve particular problems this is a common organizational culture for a matrix structure.* Person Culture Employees focus on individualism rather than team work. These organizations will face a hard time staying above water.A corporate culture has two directs, visible and invisible. The visible level of culture can be seen at the surface level. It includes symbols, stories, heroes, slogans a nd ceremonies. The invisible level is deeper determine and shared understandings held by organization members who include expressed values, assumptions and deep beliefs. The following illustrates the levels of corporate culture.It is difficult to express the invisible level of corporate culture since it cannot be seen as compared to the visible level of corporate culture. The visible level of corporate culture has different entities. These include* Symbols an object, act, or event that conveys nub to others. Symbols can be considered a rich, non-verbal language that vibrantly conveys the organizations important values concerning how people relate to one another and interact with the environment (Pratt Rafaeli, 2001).* Stories narratives based on true events that are repeated frequently and shared among organizational employees (Daft, Management, 7th ed., 2005).* Heroes s who exemplify the deeds, character, and attributes of a strong corporate culture (Daft, Management, 7th ed., 2 005).* Slogans a phrase or sentence that succinctly expresses a signalize corporate value (Daft, Management, 7th ed., 2005). Companies use slogans to convey their core values and missions. Examples of slogans are Googles Dont be evil, and Microsofts Our passion, your potential.* Ceremonies a planned activity that makes up a special event, and is conducted for the benefit of an audience (Trice Beyer, 1984).According to research conducted at Harvard on 207 U.S. firms (Kotter Heskett, 1992), corporate cultures can be divided into adaptive and unadaptive corporate cultures. The study found that a strong corporate culture by itself does not guarantee company success. However, when strong corporate culture adapts to the external environment, it will bring success to the companys business.In both adaptive and unadaptive corporate cultures, there are visible behaviors and expressed values. In the adaptive corporate culture, managers are come to with their customers (external environment ) and employees (internal environment). On the other hand, in an unadaptive corporate culture, managers are concerned only with themselves. Therefore, they dont want change or risks. A strong corporate culture should always be adapted to the external environment (Kotter Heskett, 1992). give in 1 Adaptive and Unadaptive Corporate CultureAdaptive Corporate CulturesUnadaptive Corporate CulturesVisible BehaviorManagers pay close attention to all their constituencies, oddly customers, and initiate change when needed to serve their legitimate interests, even if it entails taking some risks.Managers tend to behave somewhat insularly, politically, and bureaucratically. As a result, they do not change their strategies rapidly to adjust to or take advantage of changes in their business environments.Expressed ValuesManagers care profoundly about customers, stockholders, and employees. They also strongly value people and processes that can create useful change (e.g. leadership initiatives u p and down the management hierarchy).Managers care mainly about themselves, their immediate work group, or some product (or technology) associated with that work group. They value the nifty and risk-reducing management process much more highly than leadership initiatives.Types of CulturesThere are four types of corporate culture, which can be further classified into two matrixes. These are the inevitably of the environment, which could be flexible or stable, and the strategic focus, which can be external or internal. The four categories associated with this are adaptability, achievement, involvement, and consistency (McDonald Gandz, 1992) (Denison Mishra, 1995).The four types of corporate cultures are1. Adaptability culture A culture characterized by values that support the companys ability to visualise and sympathise signals from the environment into new behavior responses. It emerges in an environment that requires fast response and high-risk decision making. Managers encour age values that support the companys ability to rapidly detect, interpret, and translate signals from the environment into new behavior responses. Employees have familiarity to make decisions and act freely to meet new ask, and responsiveness to customers is highly valued. Managers also actively create change by encouraging and recognise creativity, experimentation, and risk taking (Daft, Management, 7th ed., 2005).2. The achievement culture A results-oriented culture that values competitiveness, personal initiative, and achievement. It is suited to organizations that are concerned with serving ad hoc customers in the external environment but without the intense need for flexibility and rapid change. This is a results-oriented culture that values competitiveness, aggressiveness, personal initiative, and willingness to work presbyopic and hard to achieve results (Hooijberg Petrock, 1993).3. The involvement culture A culture that places high value on meeting that needs of emplo yees and values cooperation and equality. It has an internal focus on the involvement and participation of employees to rapidly meet changing needs from the environment. This culture places a high value on meeting the needs of employees, and the organization may be characterized by a caring, family-like atmosphere. Managers emphasize values much(prenominal) as cooperation, consideration of both employees and customers, and the avoidance of status differences (Daft, Management, 7th ed., 2005).4. physical structure culture A culture that values and rewards a methodical, rational, tidy way of doing things. It has an internal focus and a consistency orientation for a stable environment. Following the rules and being thrifty are valued, and the culture supports and rewards a methodical, rational, orderly way of doing things, since there is no stable environment. It is rather difficult to have this kind of corporate culture (Daft, Management, 7th ed., 2005).The Start of reckon Engines Most people agree that the first pre-web search locomotive was Archie created by Alan Emtage in 1990, while he was a student at McGill University. At that time, the mesh was used by learning institutions to store different kinds of documents on shared machines. Since there were no search engines at that time, if one did not know the exact machine address and saddle name, it would not be attainable to find the document. Emtage created an interface for the search engine, calling it Archie, and used an abilityed register system. In order to use Archie, a user would log in to an Archie boniface via a command line interface and type in key vocalises that matched the bill backing being searched. The result from Archie would display the likely machine locations in which the file could be found. The user then had to log in to from each one machine and look for the individual file. Archie provided the machine name where the file could be found, but the user had to know a keyword in the title of the file being searched. This may seem useless today, but it was the best technology available at the time.In 1993, students at the University of Nevada created another search engine similar to Archie, which they called Veronica. The main difference between Archie and Veronica was that Veronicas search results showed the possible document names. As the Internet started to grow larger, from 130 sites in 1993 to 600,000 in 1996, the glory of Archie and Veronica also faded.Matthew Gray, a researcher at the mama Institute of Technology, created a web based search engine cognize as WWW Wanderer. The Wanderer had a list of superpowered sites at the back end and a search interface that allowed users to search the index at the front end.In 1994, Brian Pinkerton, a researcher from the University of Washington, developed a more powerful search engine by the name of entanglementCrawler. WebCrawler could index the full text of a web document it found and also use a linking of different web pages, just as Googles PageRanking algorithmic rule does.Alta look was the next stronger search engine invention. Unlike other search engines, Alta survey was created to test the performance of the superfast Alpha processor. After Digital Equipment lodge ( regrets) made a superfast Alpha processor, the company was looking for a way to test its performance. One of DECs researchers, Louis Monier, was working at Western Lab in Palo Alto, California, and came up with the idea of building a search engine that could charge the wide-cut Internet onto the Alpha computer to show the processors speed. Not only did Monier come up with the idea, he also built the search engine. However, the management of DEC did not solidize the magnitude of this discovery. Some believe that the management could not understand the marketability of Alta fit, because they considered DEC to be a hardware, not a software company.In January 1998, Compaq purchased DEC for $9.6 billion dollars . Compaq recognized the marketability of Alta vista and started to invest more into it. Rod Schrock, a Compaq executive, was given the responsibility of Alta Vista, and developed the site to look like Yahoo. In June 1999, Compaq sold Alta Vista to CMGI, an Internet belongings company, for $2.3 billion dollars, mostly in stock. CMGI could not hold on to Alta Vista for long since it lost 90 percent of its value. In 2003, CMGI was forced to grapple Alta Vista to Overture Services, Inc. for $140 million. Yahoo acquired Overture Services, Inc., and Alta Vista became owed by Yahoo, its causality fierce competitor.Yahoo had opened its doors two years previous in March 1995. Yahoo was started as a project to win a romance basketball game league by two Stanford PhD vista students, Jerry Yang and David Filo in the early 1990s. Both were studying electronic design automation, which was a general field when they began studying but the subject got cold when these students reached their one-fourth year of their doctoral work. The prospects of finishing and getting on with life were sanely grim. The real story is that we were bored with our PhDs and we did everything we could to avoid writing our thesis, (Battelle, 2005) Yang recalls. To win a fantasy basketball league, Filo came up with an Internet crawler that collected data from basketball sites using protocol and compiled the data based on different categories like players performance, trade amount, history, etc. Yang and Filo won the fantasy basketball league using their project (Battelle, 2005).After the first browser was released in 1993, Yang started surf the Web and maintaining a list of sites he was most interested in. Filo keep to develop software, and later wrote Jerry and Davids fill to the World Wide Web, which helped to automate the list of sites Yang was collecting. Yang created a home page for the software Filo developed and called it Akebono, named after a famous sumo wrestler (Battelle, 2005 ). Jerry and Davids Guide to the World Wide Web became quickly famous, first among Stanford graduate students and then throughout the Web.In 1995, Yang and Filo realized the potential of Jerry and Davids Guide to the World Wide Web, and decided to invest more time into it. jump and foremost, they wanted to have a catchy name for the site. Both, Yang and Filo, were animate by computer science acronyms that started with YA for yet another. They began to search the lexicon, and when they got to Yahoo, they knew they had a victor (Reid, 1997). The dictionary defined the term as a rude, unsophisticated, uncouth person, but the word also lent itself to reverse engineering by way of an acronym until now Another Hierarchical Officious Oracle (Battelle, 2005).Filo and Yang tried to carry their project, Yahoo, to different companies. However, they were unable to findImpact of Corporate Culture on IT confederation Growth and ProfitsImpact of Corporate Culture on IT Company Growth and Pr ofitsThe Impact of Corporate Culture on the Growth and Profitability of IT Companies The Case of GoogleAbstractIn todays global economy, companies from different industries are trying to create a unique competitive advantage to stay in business and maximize their shareholders equity. In doing so, companies should analyze their largest expenses and try to minimize these costs while utilizing their resources in order to make the most from these expenditures.The largest operating expense in U.S. companies is salary. To maximize this expenditure, businesses should devise ways in which to motivate their employees to be more productive. Controlling employees to come to work is easy, but how can companies motivate their employees to work to their full capacity? One way in which this can be accomplished is by creating a suitable, attractive, and tension-free working environment for employees. In doing so, companies can create a strong corporate culture which could offer a competitive advant age. As an example, Google has become one of the largest IT companies in the world in fewer than two decades from its establishment. Not only has Google grown to be one of the largest IT company in the world, it has also developed unique and innovative products, a high job growth, and a secure position as one of the top five companies for which to work. Google has managed to achieve this not only by developing appropriate business strategy, but also creating a strong corporate culture that concentrates mainly on employees and customers. In this research, I will try to analyze Googles achievements. I will conduct a small survey to examine the adaptability of Googles flexible corporate culture in IT companies located in Utah.Introduction Statement of the ProblemThe old saying, You can lead a horse to water, but you cant make him drink may hold true for employees as well you can make employees come to work, but it is not easy to make them work to their full capacity. Companies may use different methods to control their employees to make them work to their fullest working capacity, but this does not always succeed.To understand employees work satisfaction and engagement in their work, it is useful to analyze a survey conducted by the Gallup Management Journal (GMJ) (Houser, 2009). The GMJ surveyed U.S. employees to understand how engaged they are in their work and their attitudes toward their managers. According to the study, there are three types of employees1. Engaged employees Those who work with passion, motivation, and have deep feelings toward their company. These people are the ones who move the organization.2. Not-engaged employees Those who are physically present in the company but mentally absent. These employees are not motivated, and they dont care about their company. They come to work simply to put in hours. The survey refers to them as walking through their workday.3. Actively disengaged employees Those who are not only unhappy, but they express the ir unhappiness in different ways. They may undermine what their engaged coworkers accomplish.The study results showed that 26% of respondents are engaged in their work, 56% of the respondents are not engaged in their work, and 18% of the respondents are actively disengaged in their work. The following chart illustrates the finding of this study.The respondents of the survey were asked if they would fire their manager, given the opportunity. Respondents indicated that 24% would fire their manager if they were given the chance. Of this number, 6% of those respondents were engaged in their work, 23% of the number were not engaged in their work, and 51% of the respondents were actively disengaged in their work. Therefore, less engaged employees tend to dislike their managers, and would fire them, given the opportunity.According to the study, this lack of productivity costs companies billions of dollars. Approximately 24.7 million employees age 18 and over are actively disengaged this re presents 18% of the total workforce. From 2000 to 2007, actively disengaged employees in the U.S. cost the countrys economy from $334 to $431 billion every year in low productivity.The Cost Of DisengagementIn this study, I will analyze the different reasons why employees are disengaged from their work, and I will suggest recommendations to solve this problem by taking as an example a successful company in the U.S.Purpose of the studyToday, different companies are trying to find a unique competitive advantage. One competitive advantage that was overlooked for many years is an attractive organizational culture. Not only will a superior organizational culture help in attracting and retaining the best employees, it can also be used to create a loyal customer base.In this paper, I will investigate the organizational culture of Google, Inc. in the information technology (IT) industrial sector. I will analyze how Google has capitalized on its organizational culture to become one of the lar gest search engines and IT companies in the world. I will conduct a small survey on organizational culture on IT companies located in Salt Lake City, Utah to determine useful recommendations by analyzing the results of the survey and comparing these to Googles organizational culture.Before analyzing organizational cultures, it would be beneficial to answer some questions as to why this topic was selected as well as other related issues.Why I Focused on Organizational CultureMany companies have tried to come up with a competitive advantage to maximize the shareholders profits. For years, an attractive corporate culture was not considered as vital to the success of an organization. Unlike external factors of business, which are not directly controlled by organizations, corporate culture is an internal environmental force which can be manipulated by organizations in their favor.Why I Emphasized the EmployeesEmployees are the executers of the plans and strategies of the organization. Mo st companies consider employees as their asset, but, in my opinion, employees are much more than this. According to a study conducted by the United States Census Bureau, companies largest operating expense is salary. (U.S.CensusBureau, 2000) (See charts below). By taking care of their employees, organizations can get the best results from them. The following charts show the breakdown of operating expense for different industries in 1997 as it was studied by the U.S. Census Bureau under the Economic and Statistics Administration in the U.S. Department of Commerce. Even though, this study was conducted more than a decade ago, I have included it, because I believe it shows the general trend of the breakdown of operating expenses within U.S. industries.Merchant wholesale companies have five major operating costs. Of these, payroll was by far the largest operating expense. If payroll expense and fringe benefits, which are operating expenses toward employees, are combined, more than half of the total operating expenses go toward employee salaries.The breakdown of operating expenses of retail trade has the same tendency as that of the merchant wholesaler. In fact, the only difference is that the expenses for rent by retail trade businesses are a little bit higher than that of the merchant wholesaler.The breakdown of operating expense for business services, which include IT industries, shows a larger expense toward employees. Payroll, consisting of 51% of total operating expense, contract labor, consisting of 5% of total operating expense and fringe benefits, consisting of 8% of total operating expense makes up a total of 64% of the total operating expense.The breakdown of the operating expenses for legal services follows the same trend as for business services.The following chart compares payroll expenses of different sectors of businessAccording to the above chart, business services, health services and legal services pay the highest portion of operating expenses to payroll. Clearly, if companies are paying the majority of their operating expense toward the salaries of their employees, they should try to get the most from their workforce.Another study conducted in 2007 by the AmericanTimeUseSurvey through the U.S. Bureau of Labor Statistics (AmericanTimeUseSurvey, 2007) showed that of the total working people in U.S., those who were between the ages of 25 to 54 living in households with children under the age of 18 spent most of their time either working or in work-related activities. The survey was provided from data taken on non-holiday weekdays. Out of the total 24 hours, those between the age of 25 to 54 living in households with children under the age of 18 spent 8.7 hours working or on work-related activities, 7.6 hours sleeping, 2.6 hours on leisure and sports, 1.2 hours caring for others, 1.1 hours on household activities, 1.1 hours in eating and drinking and the remaining 1.7 hours on other activities. The following chart illustrates these hours in percentiles.Based on this survey, people with children between the ages of 25 to 54, who were part of the labor force, spent the majority of their time at the workplace or doing work-related activities. If companies created a suitable and stable environment, this labor force would be motivated to work harder to help companies maximize their profits.This study will research and analyze how companies could create a competitive advantage by attracting and retaining the best employees through a superior corporate culture.Why I focused on ITIT, by any comparison, is the fastest growing industry in the world. Companies are spending billions of dollars every year, which has made the IT industry one of the most profitable industries in the world. According to a study conducted by the U.S. Census Bureau in 2005 and published in 2007 (U.S.CensusBureau, Information and Communication Technology 2005, April 2007), the information industry by itself contributes 52.4 billion dollars to the IT industry through purchases of hardware and software annually. The finance and insurance sectors spent $44.2 billion the manufacturing, professional, scientific, and technical services sectors spent $32.5 billion the health care sector spent $27 billion and the social assistance business sector spent $19.9 billion on IT hardware and software components in 2005 alone. Based on this study, more than $200 billion was spent on IT hardware and software by different business sectors in 2005.According to this study, the noncapital and capital expenditures for computer software were higher compared to IT hardware. It is a general assumption that if companies are investing more on computer software, the software industry is generating a lot of money. In 2005 alone, the noncapital expenditure for computer software was $54.2 billion, whereas the capital expenditure for the same sector was $49.8 billion. Therefore, this research will focus on computer software companies.Why Focus on G oogle?Google is one of the fastest growing companies in the world. It has grown sevenfold over the last decade. According to Fortune, Google was listed as the fourth best company to work for in 2009 (100 Best Companies to Work for 2009 Google GOOG from Fortune, 2009).Even though Google was listed as the fourth best company to work for in 2009 by Fortune, it has the highest job growth rate when compared to the other companies listed in the top ten. While Google has a 40% job growth rate, NetApp, which was listed in first place, only has a 12% job growth rate. Edward Jones and Boston Consulting Group, listed second and third, have only a 9% and 10% job growth rate respectively (100 Best Companies to Work for 2009 Google GOOG from Fortune, 2009).Google has shown tremendous growth over the past few years. As the following chart indicates, from 2004 to 2008, the net income of the company increased tenfold. Even when the world economy was in a recession at the end of 2007 and 2008, Go ogle managed to secure a high net income (GoogleInc, 2008).Google has an interesting workforce distribution. As of December 31, 2008, 40% of Googles total workforce was in sales and marketing, 36% in research and development, 15% in general and administrative positions, and the remaining 9% in operations (Google Inc., 2008). According to this data, Google places nearly as large an emphasis on research and development as it does for sales and marketing. Having a large staff in research and development will ensure a strong future market when it is supported with an appropriate corporate strategy.Even if it is difficult to conclude that Google will have a bright future based on the distribution of its workforce, it is certain that this strong contingency of Googles research and development team has proven to be valuable by developing new and exciting technologies, making it difficult for competitors to catch up.Literature ReviewIn todays globalized and integrated world, change within i ndustries and organizations occurs rapidly. Understanding the impact of an organizations environment could assist organizations in coping with this change. The organizational environment includes all elements existing outside the boundary of the organization that have the potential to affect the organization (Daft, Organization Theory and Design, 8th ed., 2004).The organizational environment consists of the external environment and the internal environment. The external environment is made up of those forces that exist outside of the organizations boundaries and have an effect on the organization. The external environment is further divided into the general environment and the task environment. The general environment is the outer layer that is widely dispersed and affects organizations indirectly (Daft, Management, 7th ed., 2005). The general environment includes technological, socio-cultural, economic, legal/political, and international factors. On the other hand, the task environ ment is closer to the organization and includes the sectors that conduct day-to-day transactions with the organization and directly influence its basic operations and performance (Daft, Management, 7th ed., 2005). The task environment includes customers, labor market, suppliers and competitors.The internal environment includes the elements within the organizations boundaries (Daft, Management, 7th ed., 2005). It includes employees, management and culture of the organization. In this paper the focus is on the culture of the organization and its affect on the performance of the organization.A corporate culture is defined as the set of key values, beliefs, understandings, and norms shared by members of an organization (Martin, 2002) (Kilmann, Ralph H. Saxton, Mary J. Serpa, Roy, 1986) (Smircich, 1983). It could also be defined as an interdependent set of beliefs, values, ways of behaving, and tools for living that are so common in a community that they tend to perpetuate themselves, so metimes over long periods of time. This continuity is the product of a variety of social forces that are frequently subtle, bordering on invisible, through which people learn a groups norms and values, are rewarded when they accept them, and are ostracized when they do not (Bemowski, 1995) (Wilhelm, 1992).Corporate culture is derived from both the management and the organization itself. The management, through its philosophy, values, actions and the organization through its roles, structure, systems and technology comprise the corporate culture. Feedback is received from the corporate culture to the management and organization. The following illustrates this process.Classification SchemesThere are different classifications of corporate culture defined by different authors. The different views of four authors will be considered in the following1. Henry MiglioreAfter studying 24 organizations, Henry Migliore included 20 cultural factors, which he referred to as the Corporate Culture I ndex (Migliore, Henry R.T. Martin Tim Baer and Jeffrey L. Horvath, 1989). These factors include the following characteristics.* Member Identity the degree to which employees identify with the organization as a whole in their type of job or field of professional expertise* Team Emphasis the degree to which work activities are organized around teams rather than individuals* People Focus the degree to which management empowers the employees within the organization* Autonomy the degree to which departments within the organization are encouraged to operate in a coordinated or interdependent manner* Control the degree to which rules, regulations, and direct supervision and used to control employee behavior* Risk Tolerance the degree to which employees are encouraged to be aggressive, innovative, and risk-seeking2. Geert HofstedeGeert Hofstede believes the behavior of organizations is affected by a national and regional cultural grouping. To study this point, he looked for a national diffe rence among over 100,000 of IBMs employees in different parts of the world. He came up with five dimensions of culture that influence national regional groupings (Hofstede, 1980). These are* Power distance the expectation of society on the levels of power an individual possess in the society. A high score of power distance reflects the expectation of the society that some individuals possess more power than others. A low score of power distance reflects the expectations of the society that all people have equal rights* Uncertainty avoidance the degree to which a society accepts uncertainty and risk* Individualism vs. Collectivism the degree to which people stand up for themselves or act as part of a group* Masculinity vs. Femininity the degree to which the society gives value to the male or female* Long vs. Short-term Orientation the degree to which a society values long term or short term orientation3. Deal and KennedyAccording to Deal and Kennedy, organizational culture is the way things get done in an organization (Deal Kennedy, 1982). They measured an organizations culture using different elements. These elements include* Feedback response from the organization* Risk the degree of uncertainty in the organizationUsing these two elements, Deal and Kennedy suggested four classifications of corporate cultures (Deal Kennedy, 1982). These are* The Tough-Guy Macho Culture The feedback, which is the response from the organization, is quick and the reward is high.* The Work Hard/Play Hard Culture Few risks are taken, but the feedback, which is the response from the organization, is rapid.* The Bet Your Company Culture This involves high risk, but it may take a long time to know the outcome of the decision or action.* The Process Culture This is associated with bureaucracy in the organization. It is common in organizations where there is little or no feedback.4. Charles HandyCharles Handy developed Roger Harrisons work of 1972 which linked organizational structure to organizational culture (Handy, 1985). According to this idea, there are four types of culture. These are* Power Culture A few will rule the organization from the middle.* Role Culture Employees have clearly delegated authority and the structure of the organization is highly defined.* Task Culture Teams are formed to solve particular problems this is a common organizational culture for a matrix structure.* Person Culture Employees focus on individualism rather than team work. These organizations will face a hard time staying above water.A corporate culture has two levels, visible and invisible. The visible level of culture can be seen at the surface level. It includes symbols, stories, heroes, slogans and ceremonies. The invisible level is deeper values and shared understandings held by organization members who include expressed values, assumptions and deep beliefs. The following illustrates the levels of corporate culture.It is difficult to express the invisible level of corpora te culture since it cannot be seen as compared to the visible level of corporate culture. The visible level of corporate culture has different entities. These include* Symbols an object, act, or event that conveys meaning to others. Symbols can be considered a rich, non-verbal language that vibrantly conveys the organizations important values concerning how people relate to one another and interact with the environment (Pratt Rafaeli, 2001).* Stories narratives based on true events that are repeated frequently and shared among organizational employees (Daft, Management, 7th ed., 2005).* Heroes s who exemplify the deeds, character, and attributes of a strong corporate culture (Daft, Management, 7th ed., 2005).* Slogans a phrase or sentence that succinctly expresses a key corporate value (Daft, Management, 7th ed., 2005). Companies use slogans to convey their core values and missions. Examples of slogans are Googles Dont be evil, and Microsofts Our passion, your potential.* Ceremonie s a planned activity that makes up a special event, and is conducted for the benefit of an audience (Trice Beyer, 1984).According to research conducted at Harvard on 207 U.S. firms (Kotter Heskett, 1992), corporate cultures can be divided into adaptive and unadaptive corporate cultures. The study found that a strong corporate culture by itself does not guarantee company success. However, when strong corporate culture adapts to the external environment, it will bring success to the companys business.In both adaptive and unadaptive corporate cultures, there are visible behaviors and expressed values. In the adaptive corporate culture, managers are concerned with their customers (external environment) and employees (internal environment). On the other hand, in an unadaptive corporate culture, managers are concerned only with themselves. Therefore, they dont want change or risks. A strong corporate culture should always be adapted to the external environment (Kotter Heskett, 1992).Ta ble 1 Adaptive and Unadaptive Corporate CultureAdaptive Corporate CulturesUnadaptive Corporate CulturesVisible BehaviorManagers pay close attention to all their constituencies, especially customers, and initiate change when needed to serve their legitimate interests, even if it entails taking some risks.Managers tend to behave somewhat insularly, politically, and bureaucratically. As a result, they do not change their strategies quickly to adjust to or take advantage of changes in their business environments.Expressed ValuesManagers care deeply about customers, stockholders, and employees. They also strongly value people and processes that can create useful change (e.g. leadership initiatives up and down the management hierarchy).Managers care mainly about themselves, their immediate work group, or some product (or technology) associated with that work group. They value the orderly and risk-reducing management process much more highly than leadership initiatives.Types of CulturesThe re are four types of corporate culture, which can be further classified into two matrixes. These are the needs of the environment, which could be flexible or stable, and the strategic focus, which can be external or internal. The four categories associated with this are adaptability, achievement, involvement, and consistency (McDonald Gandz, 1992) (Denison Mishra, 1995).The four types of corporate cultures are1. Adaptability culture A culture characterized by values that support the companys ability to interpret and translate signals from the environment into new behavior responses. It emerges in an environment that requires fast response and high-risk decision making. Managers encourage values that support the companys ability to rapidly detect, interpret, and translate signals from the environment into new behavior responses. Employees have autonomy to make decisions and act freely to meet new needs, and responsiveness to customers is highly valued. Managers also actively create change by encouraging and rewarding creativity, experimentation, and risk taking (Daft, Management, 7th ed., 2005).2. The achievement culture A results-oriented culture that values competitiveness, personal initiative, and achievement. It is suited to organizations that are concerned with serving specific customers in the external environment but without the intense need for flexibility and rapid change. This is a results-oriented culture that values competitiveness, aggressiveness, personal initiative, and willingness to work long and hard to achieve results (Hooijberg Petrock, 1993).3. The involvement culture A culture that places high value on meeting that needs of employees and values cooperation and equality. It has an internal focus on the involvement and participation of employees to rapidly meet changing needs from the environment. This culture places a high value on meeting the needs of employees, and the organization may be characterized by a caring, family-like atmosphe re. Managers emphasize values such as cooperation, consideration of both employees and customers, and the avoidance of status differences (Daft, Management, 7th ed., 2005).4. Consistency culture A culture that values and rewards a methodical, rational, orderly way of doing things. It has an internal focus and a consistency orientation for a stable environment. Following the rules and being thrifty are valued, and the culture supports and rewards a methodical, rational, orderly way of doing things, since there is no stable environment. It is rather difficult to have this kind of corporate culture (Daft, Management, 7th ed., 2005).The Start of Search EnginesMost people agree that the first pre-web search engine was Archie created by Alan Emtage in 1990, while he was a student at McGill University. At that time, the Internet was used by learning institutions to store different kinds of documents on shared machines. Since there were no search engines at that time, if one did not know th e exact machine address and file name, it would not be possible to find the document. Emtage created an interface for the search engine, calling it Archie, and used an indexed filing system. In order to use Archie, a user would log in to an Archie server via a command line interface and type in keywords that matched the file title being searched. The result from Archie would display the possible machine locations in which the file could be found. The user then had to log in to each machine and look for the individual file. Archie provided the machine name where the file could be found, but the user had to know a keyword in the title of the file being searched. This may seem useless today, but it was the best technology available at the time.In 1993, students at the University of Nevada created another search engine similar to Archie, which they called Veronica. The main difference between Archie and Veronica was that Veronicas search results showed the possible document names. As th e Internet started to grow larger, from 130 sites in 1993 to 600,000 in 1996, the glory of Archie and Veronica also faded.Matthew Gray, a researcher at the Massachusetts Institute of Technology, created a web based search engine known as WWW Wanderer. The Wanderer had a list of indexed sites at the back end and a search interface that allowed users to search the index at the front end.In 1994, Brian Pinkerton, a researcher from the University of Washington, developed a more powerful search engine by the name of WebCrawler. WebCrawler could index the full text of a web document it found and also use a linking of different web pages, just as Googles PageRanking algorithm does.Alta Vista was the next stronger search engine invention. Unlike other search engines, Alta Vista was created to test the performance of the superfast Alpha processor. After Digital Equipment Corporation (DEC) made a superfast Alpha processor, the company was looking for a way to test its performance. One of DECs researchers, Louis Monier, was working at Western Lab in Palo Alto, California, and came up with the idea of building a search engine that could load the entire Internet onto the Alpha computer to show the processors speed. Not only did Monier come up with the idea, he also built the search engine. However, the management of DEC did not realize the magnitude of this discovery. Some believe that the management could not understand the marketability of Alta Vista, because they considered DEC to be a hardware, not a software company.In January 1998, Compaq purchased DEC for $9.6 billion dollars. Compaq recognized the marketability of Alta Vista and started to invest more into it. Rod Schrock, a Compaq executive, was given the responsibility of Alta Vista, and developed the site to look like Yahoo. In June 1999, Compaq sold Alta Vista to CMGI, an Internet holding company, for $2.3 billion dollars, mostly in stock. CMGI could not hold on to Alta Vista for long since it lost 90 percent o f its value. In 2003, CMGI was forced to sell Alta Vista to Overture Services, Inc. for $140 million. Yahoo acquired Overture Services, Inc., and Alta Vista became owed by Yahoo, its former fierce competitor.Yahoo had opened its doors two years prior in March 1995. Yahoo was started as a project to win a fantasy basketball league by two Stanford PhD candidate students, Jerry Yang and David Filo in the early 1990s. Both were studying electronic design automation, which was a popular field when they began studying but the subject got cold when these students reached their fourth year of their doctoral work. The prospects of finishing and getting on with life were pretty grim. The real story is that we were bored with our PhDs and we did everything we could to avoid writing our thesis, (Battelle, 2005) Yang recalls. To win a fantasy basketball league, Filo came up with an Internet crawler that collected data from basketball sites using protocol and compiled the data based on different categories like players performance, trade amount, history, etc. Yang and Filo won the fantasy basketball league using their project (Battelle, 2005).After the first browser was released in 1993, Yang started surfing the Web and maintaining a list of sites he was most interested in. Filo continued to develop software, and later wrote Jerry and Davids Guide to the World Wide Web, which helped to automate the list of sites Yang was collecting. Yang created a home page for the software Filo developed and called it Akebono, named after a famous sumo wrestler (Battelle, 2005). Jerry and Davids Guide to the World Wide Web became quickly famous, first among Stanford graduate students and then throughout the Web.In 1995, Yang and Filo realized the potential of Jerry and Davids Guide to the World Wide Web, and decided to invest more time into it. First and foremost, they wanted to have a catchy name for the site. Both, Yang and Filo, were inspired by computer science acronyms that started wi th YA for yet another. They began to search the dictionary, and when they got to Yahoo, they knew they had a winner (Reid, 1997). The dictionary defined the term as a rude, unsophisticated, uncouth person, but the word also lent itself to reverse engineering by way of an acronym Yet Another Hierarchical Officious Oracle (Battelle, 2005).Filo and Yang tried to sell their project, Yahoo, to different companies. However, they were unable to find