Wednesday, January 29, 2020

The Simpsons Essay Example for Free

The Simpsons Essay He bought the rights to Winnie the Pooh and made millions from selling merchandise, which has completely changed the way in which people think of Winnie the Pooh who originally didnt wear any clothing, let alone a red top. In reality Walt Disney was not the man that the majority think he was; he took advantage of others ideas and made millions from them. Even now when Walt Disney is mentioned people think of the theme parks and merchandise rather than the films, which he has made. The creators of The Simpsons disliked this and there is clearly a satirical theme when Bart and Lisa visit the Itchy and Scratchy Theme Park, which turns out to be a complete letdown just like most people find the Walt Disney Theme Parks to be when they get the chance to visit. There has been a huge progression from the first Mickey Mouse cartoons which were quite obviously hand-drawn, with jumpy animation to the now free flowing characters which can be seen today. Recent Disney motion pictures dont look like drawings, changing the reality, which was created at the beginning of Walts career. The Simpsons is the complete opposite of this, going right back to the basics of animation, creating non humanistic forms and deliberately showing them as cartoons, not as what could be perceived as a photograph. There is obviously no attempt to make the characters 3 Dimensional and also not much attempt to humanise them as they have yellow bodies and Marges blue hair which is clearly not realistic as its almost the same size as her body and stays up above her head. Also the colours used in The Simpsons are very lurid whereas those in Disney films are a complete opposite. Matt Groening and the other creators have taken Walt Disneys idea to a new level, widening the target audience from children to people of any age or culture. As the cartoon has grown in popularity different characters have been introduced, creating diversity and thus increasing the number of viewers to millions. I think that one of the reasons the programme has become so popular is due to the fact that The Simpsons still has morals within it, the good always triumph over the evil and the characters always doing the right thing, no matter what the consequences. The content of The Simpsons reflects the breadth of this audience by showing characters of diverse nationalities, differing religions and very different overall characters. From Apu to Flanders, Homer to Mr Burns, every person in society is represented in some way by a character in The Simpsons. Although The Simpsons is a grotesque exaggeration of humanity, with all the characters being yellow, the characters personalities being exaggerated so much and the differences so obvious, it is still very affective. Lisa is the perfect child while her brother Bart is portrayed almost as a devil. Homer goes out during most of the cartoons, choosing to spend his time getting drunk rather than spending time with his children while his wife, Marge spends all her time trying to keep the family together and stop everything falling apart around her. The creators of The Simpsons in my opinion had one main aim, to show Americans everything that they are without directly saying thats what they were doing. In this way every American laughs at all the different characters without realising that in fact they are somewhat like the character that is being ridiculed. Every different character represents a different aspect of American society. Homer represents couch potato culture, he believes everything that the media tells him and is completely gullible. He represents every American who spends their lives rooted to the TV. Mr Burns represents the business community and corporate America, he represents every businessperson in America who lives solely to make money and fulfil their greed. Barney represents unemployment and the huge percentage of the population in America who are unemployed or part of blue collar America. He represents all the people who work hard for their living, manual labourers etc who have no hope of finding a new job but have lots of unfulfilled potential. They are capable of so much more than anyone gives them credit for but they cant do anything to prove themselves. Flanders represents evangelical America, the Religious Rights movement and people who close their eyes to the real world only to leave them with what they want to believe. Their lives and beliefs are restricted. The Simpsons has a very diverse appeal, as anyone who watches it can relate to at least one of the characters. Originally The Simpsons was created to be viewed by an American audience but due to its popularity it has grown to become a global product. The aspects of Walt Disneys marketing, which the creators originally ridiculed such as the Disney memorabilia that have come from all the animations, have now become products of The Simpsons. In the A Star is Burns episode alone there are over 20 references to films and American TV programmes, they include Seinfeld, The Guns of Navarone, The Rocky Horror Picture Show, Ben Hur and many more. To me this shows that the makers of The Simpsons try to incorporate the real world into their cartoon. Even darker sides to American culture such as the mob mentality are represented. Also literary culture is represented, in this specific episode by the title A Star is Burns, a pun of the Hollywood musical A Star is Born. As well as all of this The Simpsons makes many references to itself, the sort of in jokes that people will only understand if they have seen the programme before, an example of this is Barts money making schemes and Kent Brockman and his films. There are many different types of humour represented in The Simpsons. The most popular is satire; in the episode A Star is Burns there are many examples of this. The film awards system is portrayed as corrupted when Mr Burns is shown bribing most of the judges of the film contest, the Im only on the board because Im sleeping with the secretary, comment to me represents how corrupted the industry actually is. Another type of humour is bathos that is shown in the scene when Homer says to Marge that yes, their visitor is intellectual but does he know the Oscar Meier Wiener song? The build up to the end of the sentence creates a very effective anticlimax. Incongruity is used in The Simpsons when there is a comment made about Eudora Welty, who was a Mississippian author known for her angelic ways. In this episode she is portrayed as a crude belching woman. Also when Barney, the alcoholic is shown at a girls guide meeting. Irony is used regularly in The Simpsons, an example of this is when Bart is watching TV and a program combining The Flintstones and The Jetsons comes on. He comments on how pointless the program would be when in fact that is what The Simpsons is based on. Hyperbole is shown when a tumbleweed passes through the house after Homers Scooby Doo joke. Trivialisation is represented when Marge writes what she is saying to Homer in the letter that she is writing and when Homer asks if his family are Jewish, then stuffs his face with pork. There is lots of vulgarity in The Simpsons, the constant belching of Homer and Barney and Bart showing a picture of his bottom to a room filled with people are good examples of this. Slapstick is also a very key part of The Simpsons, as shown in the film Man with Football. Black humour is represented with the rapping rabbis and when McBain says : Now, my Woody Allen impression: Im a neurotic nerd who likes to sleep with little girls. The biggest pun in this episode is the title A Star is Burns and the title of Barneys film Pukahontas. Overall The Simpsons has overcome all its expectations, unlike most other TV programmes it incorporates all aspects of life, including every different nationality and culture. Although it sometimes pokes fun at different people and their beliefs or what they do, it is always done in enough of a light hearted way for the creators to not only get away with it but to highlight the aspects which are problematic and sometimes cause there to be changes. I think that The Simpsons will continue to be one of the most popular cartoons of at least the next decade. Its popularity is well deserved, it has taken a lot of hard work and dedication to make and everyone involved should be proud of what they have done. It has highlighted all the problems in American society and made them realise exactly what is wrong within it, every episode of The Simpsons has a hidden meaning, even if only a few people understand what they are saying, at least the creators feel confident enough to try and tell the world exactly what they think about it.

Tuesday, January 21, 2020

Muzak :: Personal Narrative Papers

Muzak Ã…  .a true storyÃ…  So there I was last year, walking through the supermarket on an afternoon like any other, trying to get everything I needed: Ã…  picking over the vegetables, as out of a murky fog, I realized that my foot was tapping out a sonorous beat, apparently out of my concentration. What's more amazing, I now see, is that the lazy rhythm from my foot matches a melody which has been ringing behind my thoughts as I decided what kind of onions to buy&emdash;also without me being fully aware of it. All of a sudden, a minor physical revulsion causes me to set down my basket on the produce, my body trying to exorcise this foreign invasion. What is this thing? And that tune! It sounds like a watered-down version of Eric Clapton's acoustic "Layla", terribly deflated and played by a bunch of sixty-year-old orchestra players&emdash;I am still not too sure. But it will not seem to go awayÃ…  .the soothing sounds turn malicious as they bounce off the walls of the nutrition center, the meat department, housewares. Everyone I see is milling around like before, are they hearing what fills my ears? Is that same insidious song playi ng with their minds? Now that I focus on the music rambling from the loudspeaker in the ceiling, it appears as if they are all part of a silent movie&emdash;acting against a separate, unrelated soundtrack. When I first started exploring background music, I came to realize that the issue involves much more than those whiny songs wafting from crappy mono speakers in department stores. It stretches far beyond these simple associations, significantly affecting the changing workplace and worker control, as well as the site of consumption and consumer control. Muzak is now a tool widely used around the world&emdash;liked by most people, revered by some, and detested by others. That's Muzak, not 'muzak' It is important to understand here that Muzak is not just another term for background (or, annoying) music; it should not be confused with the numerous impostors which play in elevators and the like. It is the name of an American corporation and its sophisticated business programming . As one of its brochures explains succinctly, "The raw material of Muzak is music." And why is music unable to achieve the same results as their product? Because music is art, but Muzak it science. And when you employ the science of Muzak: in an office, workers tend to get more done, more efficiently, and felt happier.

Sunday, January 12, 2020

Captain Top of Form

How does Duffy present the theme of time in ‘The Captain of the 1964 Top of the Form Team'? In the poem, ‘The Captain of the 1964 Top of the Form Team' by Carol Ann Duffy, many themes are frequently explored, time is a huge theme presented throughout, there are many relations and connections to time and how it changes people, affects our behaviour etc, this theme if explored by Duffy using a variety of techniques including structure, language, dramatic techniques and imagery used. Firstly time is explored in detail by the structure of the poem. The title of the poem gives us the insight that the poem is stuck in time, due to the date. Shows it must be about past tense or reminiscing. This maybe makes the poem more meaningful and personal. The poem is written in the first person as it is the â€Å"Captain that is speaking to someone. The 4 stanzas in the poem all of various lengths show the structure of the poem is disjointed suggesting that this is his trail of thought and his mind all over the place, maybe trying to understand and relive the past. This is done using pauses and short sentences, the short sentences may also show that the narrator is becoming very excited and erratic, almost childlike that he remembers so much and is excited to tell his story. There is no rhythm to the poem again showing that he hasn’t had time to collect his ideas together, almost in a rush trying to reveal all the information and just blabbing it all out without thinking, the use of no rhythm affects the poem as it makes it seem more playful, if a rhythm had been used it may seem more formal. Language is also important to show the theme of time. The poem is in an informal tone, showing a more chatty/conversation which seems more childlike and friendly. (â€Å"Oh pretty women were in the Top Ten that month†). The use of the informal chat shows he feels bubbly and happy perhaps showing that this is a happier stage in his life, and he prefers talking about the past than the present. Duffy has used a lot of past tense verbs e. g. â€Å"pulled† , â€Å"smiled†, this also shows that the story is about the past and how he keeps reminiscing over and over about the things he did. The choice of persona distances the poem from Duffy and gives her the opportunity to view the issues from a more objective perspective. However the tone of the poem isn’t dull it is very jumpy, highlighting the narrator’s energy, optimism and pride in himself. Duffy demonstrates this by using adjectives like ‘fizzing’, ‘whooped’ and ‘blew like Mick’, she also shows his confidence by using self-assured phases like ‘No snags’, ‘Come on’, ‘I smiled’. Dramatic techniques are also used frequently through Duffy’s poem to help exaggerate the theme of time. She uses music to set the scene in the first stanza,' Do Wah Diddy Diddy, Baby Love, Oh Pretty Woman' emphasizing on the widespread impact of pop music. There is a sense of a boy, cramming information, I can give you the B-side of the Supremes one. Hang on. Come See About Me? Overall the feeling is one of optimism. I think the use of the music and songs is to give the childhood and fun feeling, the use of the old pop music shows he is reminiscing on old times and not focusing on the present, the fact he is singing shows he isn’t afraid to express himself, seeming quite happy and chirpy, the poem would se em more controlled and restricted making us question whether he actually enjoyed his past. The use of these dramatic techniques make the narrator seems he has no care in the world also draws on his freedom. Imagery helps us even more see the theme of the time in the poem. In the third stanza we are presented with the image of a proud mother â€Å"My mother kept my mascot Gonk on the TV set for a year. † There is also an emphasis of British context through the use of road names up ‘Churchill Road’ and ‘up Nelson Drive'. In the second stanza the speaker describes going down a hill on his bike â€Å"I sped down Dyke Hill, no hands, famous, learning† the use of this gives the image of freedom and how children speed away on their bikes without any care in the world. This could also relate to time, like him speeding away on his bike, time seems to be going so fast, flashing before his eyes.

Saturday, January 4, 2020

Website Terms of Use Example For Free - Free Essay Example

Sample details Pages: 8 Words: 2378 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Research paper Did you like this example? Website Terms of Use Multiple factors have fueled the growth of e-commerce in the country today. The robust growth of internet penetration, rising mobile and smartphone subscriber base have contributed to changing the buying patterns, consumer preferences, shopping experience and the way companies are driving sales today. According to a study conducted by Forrester Research, shoppers in Metropolitan India are driving e-commerce today. Don’t waste time! Our writers will create an original "Website Terms of Use Example For Free" essay for you Create order Some of the key services availed online today fall in the areas of travel, Books and Publications, Music, Consumer Electronics, Lifestyle Apparel. The change in the landscape has also brought in newer players in the value chain, increasing the complexity of doing business today. The nature of players competing in product segments have changed considerably. Online trading platforms, Technology providers, Banks and NBFCà ¢Ã¢â€š ¬Ã¢â€ž ¢s are the new entrants to the value chain. However with the development of e-business, a host of legal challenges have sprung up for consumers as well as businesses operating in the e-commerce ecosystem. Website terms of use aka E-Contracts or online contracts are synonymous with the Terms and Conditions found in legal contracts drawn between the buyer and seller. The complexity of e-contracts increases with online trading platforms come into the fray. Online trading platforms are intermediaries giving an opportunity for buyers and sellers to m eet and conduct business transactions. They are enablers of trade and commercial transactions, who enter into tie-upà ¢Ã¢â€š ¬Ã¢â€ž ¢s with technology providers, payment platforms, manufacturers/wholesalers to offer a wide variety of goods and services to consumers at the click of a key. The absence of any regulating body to protect consumers in online transactions is increasingly felt as the size of the online market place increases. The Consumer Protection Act of 1986 oversees the association between shoppers and service/goods providers in India. Redressal of consumer grievances for online transactions take place through Consumer Forums which are constituted at the District level. A special adjudicating forum has been constituted under the CPA to impose sanctions under the Act. Liability under Consumer Protection act rises only when deficiency of services, defects in goods and unfair trade practices are established clearly. But the act limits the liability to the extent of the value of the transaction or to a cap as defined by the service provider. Moreover, online platforms which offer only a platform and that too at no cost to the consumer do not attract liability under the Consumer Protection Act. Some of the common issues faced by consumers in India on account of the e-commerce model are Data Confidentiality Privacy, Security, Conditions of Use aka Terms and conditions, Grievance Handling/ Dispute Resolution, Fraud, Fees and Charges and Jurisdiction. These issues are currently governed under different statutes and Acts. Existence of a valid contract forms the crux of any transaction including an e-commerce transaction. In India, e-contracts like all other contracts are governed by the basic principles governing contracts in India, i.e. the Indian Contract Act, 1872 Click wrap, Browse wrap and Shrink Wrap contracts are some of the common form of e-contracts. The key differentiators between paper contracts and the different types of e-contracts arises from the way the terms and conditions are structured and administered for consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢s acceptance. Click wrap contracts typically have the terms and conditions shown in a scroll box for the contracting party or the user to view the conditions and an à ¢Ã¢â€š ¬Ã…“I accept the terms and conditionsà ¢Ã¢â€š ¬Ã‚  as a separate tab. A browse wrap agreement binds the contracting party or the user by merely browsing the page or the website. (à ¢Ã¢â€š ¬Ã…“Indian Contract Actà ¢Ã¢â€š ¬Ã‚ ) which inter alia mandate certain pre-requisites for a valid contract such as free consent and lawful consideration. What needs to be examined is how these requirements of the Indian Contract Act would be fulfilled in relation to e-contracts. In this context it is important to note that the Information Technology Act, 2000 (à ¢Ã¢â€š ¬Ã…“IT Actà ¢Ã¢â€š ¬Ã‚ ) provides fortification for the validity of e-contracts. Some of the important requirements of a valid contract under the Indian Contract Act are as follows: The contract should be entered into with the free consent of the contracting parties; There should be lawful consideration for the contract The parties should be competent to contract; The object of the contract should be lawful Unless expressly prohibited under any statute, e-contracts like click-wrap agreements would be enforceable and valid if the requirements of a valid contract as per the Indian Contract Act are fulfilled. Consequently the terms and conditions which are associated with an e-commerce platform are of utmost importance in determining and ensuring that e-commerce transactions meet with the requirements of a valid contract. The IT Act, however, is not applicable in relation to negotiable instruments, power of attorneys, trust, wills contracts for sale or conveyance of immovable property Signature Requirements There is no requirement under the Indian Contract Act to have written contracts physically signed. However, specific statues do contain signature requirements. For instance the Indian Copyright Act, 1957 states that an assignment of copyright needs to be signed by the assignor. In such cases the IT Act equates electronic signature with physical signatures. An electronic signa ture is supposed to be issued by the competent authorities under the IT Act. However till the date of this paper, the Central Government has not notified any electronic signatures. Contracts with Minors The very nature of e-commerce is that is virtually impossible to check the age of anyone who is transacting online. This may pose problems and liabilities for e-commerce platforms. The position under Indian law is that a minor is not competent to enter into a contract and such a contract is not enforceable against the minor. The age of majority is 18 years in India. Stamping Requirements Every instrument under which rights are created or transferred needs to be stamped under the specific stamp duty legislations enacted by different states (provinces) in India. An instrument that is not appropriately stamped may not be admissible as evidence before a competent authority unless the requisite stamp duty and the prescribed penalty have been paid. In some instances criminal li ability is associated with intentional evasion of stamp duty. However, the manner of paying stamp duty as contemplated under the stamp laws is applicable in case of physical documents and is not feasible in cases of e-contracts. Whether Standard-form Online Contracts are Unconscionable In general there is little or no scope for negotiations to be held between e-commerce platforms and customers regarding the terms of the online contracts. The question then arises whether such standard form contracts are to be considered unconscionable and may be struck down by the courts. In India there does not seem to be well developed jurisprudence on the issue of whether standard form online agreements are unconscionable. However, Indian laws and Indian courts have dealt with instances where terms of contracts (including standard form contracts) were negotiated between parties in unequal bargaining positions. Certain provisions under the Indian Contract Act deal with the unconscionable c ontracts such as when the consideration in the contract or the object of the contract is opposed to public policy. If the consideration or object of the contract is opposed to public policy, then the contract itself cannot be valid. In case of unconscionable contracts, the courts can put a burden on the person in the dominant position to prove that the contract was not induced by undue influence. The Indian Contract Act does not define the expression à ¢Ã¢â€š ¬Ã‹Å"public policyà ¢Ã¢â€š ¬Ã¢â€ž ¢ or what is meant by being à ¢Ã¢â€š ¬Ã‹Å"opposed to public policy. However this section allows the court to hold clauses opposed to public policy as void. Section 16(3) of the Contract Act provides that where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Section 23 of the Contract Act provides that the consideration or object of any agreement is unlawful when It is forbidden by law, or Is of such a nature that if permitted, it would defeat the provisions of any law; or Is fraudulent, or Involves or implies injury to the person or property of another, or The Court regards it as immoral or opposed to public policy. In the case of LIC India v. Consumer Education Research Center 22 the Supreme Court interpreted an insurance policy issued by Life Insurance Corporation of India by bringing in certain elements of public purpose. The court declared certain term clauses in the policy, pertaining to restricting the benefit of the policy only to those people employed in the Government as void under article 14 of the Constitution. The Court noted that à ¢Ã¢â€š ¬Ã…“In dotted line contracts there would be no occasion for a weaker party to bargain as to assume to have equal bargaining power. He has either to accept or leave the service or goods in terms of the dotted line contract. His option would be either to accept the unreasonable or unfair terms or forgo the service foreverà ¢Ã¢â€š ¬Ã‚  In the case of Lily White v R Munuswami 23 the court held that a limitation of liability clause printed on the back of a bill issued by a laundry which restricted the liability of the laundry to 50% of the ma rket price of the goods in case of loss was against public policy and therefore void. In light of the above, it is extremely important to have well thought out terms which form the online contracts and ensure that adequate opportunity is provided to the customers to familiarize themselves with the terms thereof. Online Platforms like Flipkart, Naaptol, Jabong etc are known to have very detailed and robust Conditions of use which limits their liability in transactions between consumers and service/goods providers. Their website terms of use typically covers, copy right infringement, trademarks, payment security, privacy policies at length and clearly indemnifies them from any cost, damages or liability arising out of the actions of the contracting parties. Privacy of Informationà ¢Ã¢â€š ¬Ã¢â€ž ¢ Provision of Contract terms such as guarantees/warranties, refunds, dispute settlement, hidden costs and misleading information, phishing, spamming. For an e-commerce platform , it is almost difficult to complete any online transaction without collecting some form of personal information of the users such as details about their identity and financial information. Apart from the collection of primary data from the users, e-commerce platforms may also collect a variety of other indirect information such as usersà ¢Ã¢â€š ¬Ã¢â€ž ¢ personal choices and preferences and patterns of search. Hence, an important consideration for every e-commerce platform is to maintain the privacy of its users. Two primary concerns that a user of e-commerce platforms would have are: Unauthorized access to personal information Misuse of such personal information. Historically, the concept of privacy and data protection were not addressed in any Indian legislation. In the absence of a specific legislation, the Supreme Court of India in the cases of Kharak Singh v State of UP 27 and Peoples Union of Civil Liberties v. the Union of India 28 recognized the à ¢Ã¢â€š ¬Ã…“right to privacyà ¢Ã¢â€š ¬Ã‚  as a subset of the larger à ¢Ã¢â€š ¬Ã…“right to life and personal libertyà ¢Ã¢â€š ¬Ã‚  under Article 21 of the Constitution of India. However a right under the Constitution can be exercised only against any government action. Non-state initiated violations of privacy may be dealt with under principles of torts such as defamation, trespass and breach of confidence as applicable. The IT Act deals with the concept of violation of privacy in a limited sense; it provides that the privacy of a person is deemed to be violated where images of her private body areas are captured, published or transmitted without her consent in circumstances where she would have had a reasonable expectation of privacy 29 and prescribes a punishment of imprisonment of up to 3 years and/or fine of up to INR 2 lakhs. Data Protection India has in the year 2011 notified rules under Section 43A of the IT Act titled à ¢Ã¢â€š ¬Ã…“Reasonable practices and procedures and sensitive personal data or information Rules, 2011à ¢Ã¢â€š ¬Ã‚  which provide a framework for the protection of data in India (à ¢Ã¢â€š ¬Ã…“Data Protection Rulesà ¢Ã¢â€š ¬Ã‚ ). Kinds of Information covered under the Data Protection Rules There are basically two categories of information which are covered under the IT Act which need to be considered with respect to data protection. Personal information (à ¢Ã¢â€š ¬Ã…“PIà ¢Ã¢â€š ¬Ã‚ ) which is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identify ing such person. Sensitive personal data or information (à ¢Ã¢â€š ¬Ã…“SPDIà ¢Ã¢â€š ¬Ã‚ ) which is defined means such PI of a person which consists of Password Financial information such as Bank account or credit card or debit card or other payment instrument details physical, physiological and mental health condition; sexual orientation; medical records and history; Biometric information. The Data Protection Rules, inter alia, set out compliances which to protect SPDI in the electronic medium by a corporate entity which possess, deals with or handles such SPDI such as: The need to have a privacy policy in accordance with the parameters set out in the Data Protection Rules; The need to obtain consent in a specific manner from the provider of SPDI; The need to provide an opt out option to the provider of SPDI; The need to maintain reasonable security practices and procedures in accordance with the requirements of the Data Protection Rules (discussed below). The IT Act prescribes penalties for wrongful disclosure of PI by way of imprisonment up to three years and/ or a fine up to INR 5 lakhs. The IT Act also prescribes compensation to be awarded by companies that are negligent in the protection of SPDI of any person. Security of Systems Security over the Internet is of immense importance to promote e-commerce. Since e-commerce companies keep sensitive information (including SPDI) on their servers, e-commerce companies must ensure that they have adequate security measures to safeguard their systems from any unauthorized intrusion. A company could face security threats externally as well as internally. Externally, the company could face problems from hackers, viruses and Trojan horses. Internally, the company must ensure security against its technical staff and employees.