Music Appreciation Essay Example | Topics and Well Written Essays - 2250 words

Music Appreciation - Essay Example However, when we hear someone talk about â€Å"classical music†, he or she is most likely talking about the kind of musical standards set in the common practice period, when European music became different in notation from the music of other parts of the world. Because the word â€Å"classical music† is unfairly broad, it is best for music scholars and appreciators to compare classical eras, such as the Romantic era and the Baroque era. Even though the times the experts have set as either the â€Å"Baroque† or the â€Å"Romantic† are somewhat arbitrary, they are convenient. Otherwise, it is not fair to lump very different kinds of music together into one. In today’s terms, that would be like lumping pop artists with classic rock artists and bluegrass artists, stretched across a 400-year period. Within this 400-year period in European music, from the 16th to the 20th century, European music developed and perfected a system of staff notation to preser ve and transmit very important information about the musical composition. With staff notation, composers gained the ability to guide performers on their use of meter, rhythm, speed, and pitch, all necessary to perform any given piece of music. As a result, European classical music became unique and different from other forms of classical music like those in the Asian continent. European classical music, with a strict system of notation, left less room for improvisation and invention on the part of performers. The performers became indistinguishable from their instruments.

Transaction And International Law Essay Example for Free

Transaction And International Law Essay Question 1. Before the UCC and the UCITA, what was one of the first, and most significant, of the U.S. governments attempts to promote uniformity in commercial laws from state to state? (Hint: think of commerce and Constitution). The first, and most significant, of the U.S. governments attempts to promote uniformity in commercial laws from state to state is firstly, the relevant provisions of the US Constitution and also Section 118 of the General Business Law which predates that of Section 7-210. [1] Question 2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA? The UCITA, as a controversial model law promulgated by the National Conference of Commissioners on Uniform State Laws, covered transactions in computer and digital information, in place of Article 2 of the UCC. UCITA would codify the view that traditional software distributions are licenses, not sales. Section 102(43), (44) of the UCITA (1999 Official Text) recognized mass marketed binary software transactions as licenses.[2] UCC Article 2 covers only contracts for sale of goods, so computer software is not expressly covered by Article 2. Computer software is different considering that it is so easily copied, thus it needs special protection. It is one of a few commercial enterprises that entirely depend on a single traditional copyrighted work such as a book, musical recording, motion picture, or painting.[3] Licensing thus becomes very important. Licensing enables the developer to control software distribution, to price software to reflect its value to the user, and to ensure that users are subject to developers limitation of liability provisions. However, there is a legislative gap that has forced courts to apply the UCC to license transaction, which it was never meant to address. Hence, the UCITA. Question 3. What is the legal distinction between selling a product and licensing it? The overlap of terminology between sale and license has caused confusion within the courts and has led to some acceptance of a license as a sale in some jurisdictions. The courts have used several methods to establish that a sale of software is the sale of a good within the meaning of the UCC Article 2. The simplest method of establishing software as a sale is when the parties agree in their briefing that Article 2 applies to the licensing of their software. Court would thus only have to look at the contract to see what rules would apply. For other courts, the analysis is more in-depth. In Architectronics, Inc v. Control Systems, the court applied UCC Article 2 to a software development transaction for a license of the software. The court held that the applicability of Article 2 is not defeated by use of license in lieu of sales if license provides for transfer of some of incidents of goods ownership. In Microsoft Corp. v. DAK Industries, the court looked to the economic realities of the particular arrangement. Upon this analysis, the court found that DAK had a right to sell the software and thus the arrangement was similar to a purchase of goods thus indicating that it was a sale, not a license to use.[4] Question 4. Many of the provisions in the UCITA were first proposed as a modification to Article 2 of the UCC. Why do you think the drafters decided to propose it as a separate and distinct uniform act? To be effective, a provision must be approved both by the NCCUSL and the ALI. Since the final draft of Article 2B as proposed was rejected by the American Law Institute or ALI, the required approval of both bodies was thus lacking. As a consequence, the NCCUSL renamed it as the now UCITA.[5] Specifically, the UCITA, as a controversial model law promulgated by the National Conference of Commissioners on Uniform State Laws, covered transactions in computer and digital information, in place of Article 2 of the UCC. UCITA would codify the view that traditional software distributions are licenses, not sales. Section 102(43), (44) of the UCITA (1999 Official Text) recognized mass marketed binary software transactions as licenses .[6] UCC Article 2 covers only contracts for sale of goods, so computer software is not expressly covered by Article 2. Computer software is different considering that it is so easily copied, thus it needs special protection. It is one of a few commercial enterprises that entirely depend on a single traditional copyrighted work such as a book, musical recording, motion picture, or painting.[7] Licensing thus becomes very important. Licensing enables the developer to control software distribution, to price software to reflect its value to the user, and to ensure that users are subject to developers limitation of liability provisions. However, there is a legislative gap that has forced courts to apply the UCC to license transaction, which it was never meant to address. Hence, the UCITA. References: Adobe Systems Inc., 84 F. Supp. 2d; SoftMan Products, 171 F. Supp. 2d. August, R. International Business Law (3rd Edition), New Jersey: 2000 Ayyappan, UCITA: Uniformity at the Price of Fairness?, 69 Fordham L. Rev. 2471, 2471-72 (2001) Brownlie, I. Principles of Public International Law (6th edition), OUP, 2003. Davidson Assocs., Inc. v. Internet Gateway, Inc., 334 F. Supp. 2d 1164, 1177 (E.D. Mo. 2004) Lake v Dye, 232 NY 209 [1921] Maritime World Corp. v Grefe Steel Warehouse Corp., 154 NYS 2d684 Nadan, Software Licensing in the 21st Century: Are Software â€Å"Licenses† Really Sales, and How Will the Software Industry Respond?, 32 AIPLA Q.J. 555, 558 (2001). [1] August, R. International Business Law (3rd Edition), New Jersey: 2000; Lake v Dye, 232 NY 209 [1921]; Maritime World Corp. v Grefe Steel Warehouse Corp., 154 NYS 2d684 [Sup Ct, Trial Term, NY County 1956]) [2] Davidson Assocs., Inc. v. Internet Gateway, Inc., 334 F. Supp. 2d 1164, 1177 (E.D. Mo. 2004) where the court finds first sale doctrine does not apply because defendants did not buy the software, they bought a license to the software. [3] Nadan, Software Licensing in the 21st Century: Are Software â€Å"Licenses† Really Sales, and How Will the Software Industry Respond?, 32 AIPLA Q.J. 555, 558 (2001). [4] Adobe Systems Inc., 84 F. Supp. 2d; SoftMan Products, 171 F. Supp. 2d. [5] Ayyappan, UCITA: Uniformity at the Price of Fairness?, 69 Fordham L. Rev. 2471, 2471-72 (2001) [6] Davidson Assocs., Inc. v. Internet Gateway, Inc., 334 F. Supp. 2d 1164, 1177 (E.D. Mo. 2004) where the court finds first sale doctrine does not apply because defendants did not buy the software, they bought a license to the software. [7] Nadan, Software Licensing in the 21st Century: Are Software â€Å"Licenses† Really Sales, and How Will the Software Industry Respond?, 32 AIPLA Q.J. 555, 558 (2001).

Electronic Payment System Essay -- Technology Essays

Electronic Payment System I. Introduction With the continuing rapid growth of E-commerce, transactions on the Internet have been increasing exponentially. And such transactions require some reliable and secure payment systems. In fact, one of the key factors in the success of E-commerce is the development of convenient, reliable and secure electronic payment system. To understand the issues and current activities regarding the development of electronic payment system, I discuss the following in this paper.  · Existing paper-based payment system  · Major issues in designing an electronic payment system  · Electronic payment system II. Existing paper-based payment system The existing paper-based payment system can be largely classified as paper checks and credit card systems. In a paper checks processing system, the cost of normal operations is frequently outweighed by the costs associated with exception handling. If a typical transaction costs US 5 cents to process, and the manual labor associated with handling errors and exceptions comes to an average of $25, even with an error rate of only two per thousand, exception costs will equal normal processing costs. As electronic processing drives down the cost of normal transactions, exception handling becomes relatively more significant. Payment systems must therefore be implemented to the highest standards of reliability, with automated procedures for recovering from errors whenever possible. On the other hand, the credit card system was designed to provide immediate gratification of the wants of consumers by allowing them to purchase goods or services on credit... ...tions of functions, price, and performance. The paper world, after all, has many different instruments, which embody different tradeoffs among risk, cost, complexity, responsiveness, and the time until the transaction is final. The same variety should be expected in electronic credit and debit systems. Yet new technologies uncover new ways to distribute risk, liability, and cost among the parties to a transaction. They will take somewhat longer to develop, however, as they require changes in regulatory assumptions, case law, and participant behavior, all of which evolve much more slowly than technology does. Reference 1. Credits and Debits on the Internet, Marvin A. Sirbu, Carnegie Mellon University, 1997 2. http://www.cybercash.com 3. http://www.setco.org Electronic Payment System Essay -- Technology Essays Electronic Payment System I. Introduction With the continuing rapid growth of E-commerce, transactions on the Internet have been increasing exponentially. And such transactions require some reliable and secure payment systems. In fact, one of the key factors in the success of E-commerce is the development of convenient, reliable and secure electronic payment system. To understand the issues and current activities regarding the development of electronic payment system, I discuss the following in this paper.  · Existing paper-based payment system  · Major issues in designing an electronic payment system  · Electronic payment system II. Existing paper-based payment system The existing paper-based payment system can be largely classified as paper checks and credit card systems. In a paper checks processing system, the cost of normal operations is frequently outweighed by the costs associated with exception handling. If a typical transaction costs US 5 cents to process, and the manual labor associated with handling errors and exceptions comes to an average of $25, even with an error rate of only two per thousand, exception costs will equal normal processing costs. As electronic processing drives down the cost of normal transactions, exception handling becomes relatively more significant. Payment systems must therefore be implemented to the highest standards of reliability, with automated procedures for recovering from errors whenever possible. On the other hand, the credit card system was designed to provide immediate gratification of the wants of consumers by allowing them to purchase goods or services on credit... ...tions of functions, price, and performance. The paper world, after all, has many different instruments, which embody different tradeoffs among risk, cost, complexity, responsiveness, and the time until the transaction is final. The same variety should be expected in electronic credit and debit systems. Yet new technologies uncover new ways to distribute risk, liability, and cost among the parties to a transaction. They will take somewhat longer to develop, however, as they require changes in regulatory assumptions, case law, and participant behavior, all of which evolve much more slowly than technology does. Reference 1. Credits and Debits on the Internet, Marvin A. Sirbu, Carnegie Mellon University, 1997 2. http://www.cybercash.com 3. http://www.setco.org

Football and Sociology

American football as we know it originated from rugby played in Britain in the mid-19th century. The person who Americans consider the â€Å"Father of American Football† is Walter Camp. Professional football can be traced back to 1982, when there was a $500 contract for the Allegheny Athletic Association and the Pittsburgh Athletic Club to play a game against each other. Originally football was primarily a sport of the Midwestern industrial towns in the United State. In 1902, the American Professional Football Association was formed and two years later the National Football League. The competition was fierce between the two leagues, which led the two leagues to merge. Football eventually became national. When the two leagues merged is when the Super Bowl was formed. This is the most viewed event in the United States on a yearly basis. Football has grown for many years now and now has 32 teams. According to the Scarborough Research data, the NFL fans mirror the general United States population in many areas including age, race and income. There are a few discrepancies which include that men account for 49% of the general population, however the account for 58% of the NFL fans versus women who account for 51% of the general population but only account for $35-50K, in which they account for 19% of the fan base for the NFL. The report also states that there are more NFL fans that are married than non-married. The age group with the highest attendance whether on television or at the actual games is 35-44 years old. The Scarborough Report has a tremendous amount of statistics regarding NFL fans. The list goes from what they like to eat or drink to how many kids live in the household. I was very amazed by the information that was researched. In the society today, football affects almost every household. The impact of football has grown over the last few decades. The number of channels on the television in which sports can be watched has had a massive effect on the society. There are now channels just for specific sports and these channels only show that particular sport on that channel, all day. Football is a very physical sport. Youth like to see the physical part of the sport and they use the sports players as their role models. They all want to have muscles like the football players and be tough like the football players and of course they want to play football as well. The impact of football has both negative and positive factors. I found an article on the wives of the coaches of football. It was very interesting. In the article it states that in 1989, a group of women who were married to football coaches met at the American Football Coaches Association convention in Nashville, Tennessee (Tucker, 2001) and decided to form a support group. Evidently, they were feeling a little let out of the loop. For many men, football allows for violence and male bonding (Nelson, 1994), however, for women, football often means competing for men’s attention, or worrying about boyfriends, husbands or sons on the field. Within this article it also talks about how the spheres changed because men were known to leave the home and go outside to work and women stayed inside and were domesticated. Football is for men and it classifies them as performers and heroes, however women are classified as watchers and admirers. This article overall is showing the differences in men and women in regards to football. There were a lot of different opinions by different people who had heard about the organization of the American Football Coaches’ Wives Association. How this group puts together recipe books and visits the sick children in the hospital was a great asset to the group but they still don’t get the recognition that the football players get. This was a very tougher paper for me to write due to the fact that even though I like football, I have never looked at it in any other way than occasional entertainment. I am not a die-hard fan who watches the sport every chance that I get. Scarborough Research Examines NFL Fan Demos, QSR (2009, September) Preferences, http://www. sportsbusinessdaily. com/Daily/Issues/2009/09/Issue-12/The-Back-Of-The-Book/Scarborough-Research-Examines-NFL-Fan-Demos-QSR-Preferences. aspx Tucker, Diana, A Gender Drama in American Football Culture: The Case of the Coach’s Wife. , (2001) Football Studies, vol. 4 no. 2 http://www. la84foundation. org/SportsLibrary/FootballStudies/2001/FS0402g. pdf Nelson, M. B. (1994). The stronger women get, the more men love football: Sexism and the American culture of sports. New York: Avon.

The Tain: Cuculain Hero?

Amber Borkowski Reading Literature Myths Cuchulainn: A Hero or a Killer? A mythic hero is a story figure that embarks on a journey in order to complete tasks that make them into legends of tales. Cuchulainn is a mythic hero in the Tain, a story of a war between the North and South of the land in Ireland. A hero is a term that can be a homonym with many other meanings. A person can consider a police officer, their mother, or many other examples as a hero. Even with the broad spectrum of the word, every example does surround the feeling of being protected by the person. I consider Cuchulainn to be a war-hero.Cuchulainn is a well-trained warrior that is able to perform stunts of throwing a javelin, stone, just fighting with his fists, and many more while leaving every opponent dead or too terrified to fight him. But does being able to defeat every opponent make a character a hero or just a person to be feared? Cuchulainn was raised and trained by the best of all the instructors to becom e a great warrior that would be remembered, and that is just what he did. When Cuchulainn was just a boy he left his mother and went off to join the boy troop where he would train and be protected by the troop.The war in the tale began at the point where Medb and Aillil, the queen and king of Connacht, had an argument over who had the most possessions. The two were equal until the point came where Aillil owned one great bull more than Medb. Medb was so enraged that she waged war to retrieve the equally great bull from Ulster. At this time, the Ulster army was in their pangs, unable to have the strength to fight. Cuchulainn protected the land from Medb and Aillil’s army, killing thousands of their soldiers.With Medb and Aillil’s army becoming weaker, Cuchulainn agreed to fight one great warrior a day. Every day the opponent would be defeated and this continued until the pangs lifted from Cuchulainn’s Ulsterman army. Eventually, Medb and Aillil were defeated and t here was peace in the land among the people. During the tale of the Tain, there was a section about Cuchulainn going into a warp spasm and killing men, children, and women the same. â€Å"The first warp-spasm seized Cuchulainn, and made him into a monstrous thing, hideous and shapeless, unheard of.His shanks and his joints, every knuckle and angle and organ from head to foot, shook like a tree in the flood or reed in the stream. †(Kinsella, p. 150) At this point Cuchulainn is transformed into an un-human monster with essentially no emotion or thought other than destruction. â€Å"In this great Carnage on Murtheimne Plain Cuchulainn slew one hundred and thirty kings, as well as an uncountable horde of dogs and horses, women and boys and children and rabble of all kinds. †(Kinsella, p. 156) To me this behavior seems more like a murderer’s actions than a â€Å"heroes†.Almost like a villain in a superhero movie that needs to be stopped because of their unthin kable actions. Cuchulainn was definitely a hero for being able to protect Ulster while they were not able to fight. He was a hero to his people, but was extremely feared by the opponents. Cuchulainn would also be considered a hero because he does not necessarily want to kill all of the people he did. He was just obeying the orders that he was given and obeying his king. There came points in the story where Medb and Aillil had sent people close to Cuchulainn for him to battle.At these points in the story it is understood that Cuchulainn is not a senseless killer with any type of emotions, even though in those days the value of life was not very high. To fight these men or not was a terrible decision to have to make because Cuchulainn was aware of the amazing stunts he could perform against an opponent, leaving them dead. If a person is able to defeat every opponent that is placed in battle with them, does that make them a hero or just a person that is feared by all? To answer this qu estion it really comes down to what side of the situation the person giving the opinion is on.A relatable situation in history would be of Adolf Hitler. He was a dictator that was admired by the people who followed him. The loyalty of the people allowed him to kill thousands, but if he had the strengths of Cuchulainn, he could have done it alone. Similarly, he was feared by one group and considered a hero to the other side. There is not really an answer as to Cuchulainn being a hero or just a crazy mass murderer. The answer would have to lie in which side of the war you were on. Works Cited Kinsella, Thomas. (1969). The Tain. Great Clarendon Street, Oxford: Oxford University Press.