Research Korner

Law Assignment

LAW Assignment   1.                  Ping is thinking of opening a restaurant. On Monday she contacts Dennis and is offered by him a restaurant property lease at Causeway Bay for a good rental. Dennis says that he would like to hear of her acceptance “by the end of the week”. All that week she thinks about it. On Friday morning, Ping hears from Billy that the lease has been offered by Dennis to Myna, and Myna has accepted. Ping drives past the property on Friday afternoon and this information appears to be true, as Myna is moving in. Ping is upset that the offer to her of the restaurant lease has apparently been revoked. Pretending she knows nothing of Myna, she calls Dennis Saturday morning and accepts his offer before he can get a word in. Does she have a contract? If so, why? If not, why not? (400 words)               Ping does not have a contract because there was an effective revocation of the offer. To form a contract, there should be a valid offer made by one party and duly accepted by the other party. An offer is a proposal made by an offeror, which if duly accepted by an offeree creates a valid contract (Graw, 2005). This means that the offer is communicated in a manner that would result to the formation of a contract once is accepted. In the given case, there is a valid offer for the lease of the restaurant property at a given monthly rental. In addition, Dennis communicated that he would like to know of Ping’s acceptance before the end of the week. From this, the offer remains open until the end of the week.             However, there are instances when an offer lapses such as when the time given for acceptance has lapsed (Ramsgate Victoria Hotel v Montefiore, 1866), a reasonable time has already elapsed (Ramsgate Victoria Hotel v Montefiore, 1866; Manchester Diocesan Council v Commercial & General Investments Ltd, 1970), a counter offer came about (Hyde v Wrench, 1840), and if one of the parties loses the capacity to contract such as because of the death of one party (Bradbury v Morgan, 1862). An offer can also be terminated at any time as long as this is before an acceptance is given (Byrne v Van Tienhoven, 1880), provided the revocation or termination of the offer is communicated to the offeree (Dickinson v Dodds, 1876). In the revocation of an offer, it is an absolute condition that the fact that the offer has already been revoked has to be communicated or made known to the offeree. According to Dickinson v Dodds (1876), the manner of communicating the revocation does not need to be made personally by the offeror or on the offeror’s behalf. This means that as long as the offeree learned of the revocation, then there is an effective communication, giving rise to a valid revocation. In the given case, Ping learned of the revocation of the offer through a call from Billy telling her that Dennis has made an offer to Myna, which Myna has accepted. Ping even went to the lease site to see for herself that Myna was already moving in. This means that there was an effective communication of the revocation of the offer. As such, even if Ping called Dennis before the end of the week to communicate her acceptance, there was already no offer to accept.       2.                  Ping is also looking to buy an apartment in Aberdeen as an investment. She approaches Aberdeen Property Holdings (APH) stating that she will only buy an apartment where there are reliable tenants already in the apartment. APH advise her that they have just the property that she is looking for, “with some exceptionally good tenants who have been there 3 years”, they say. Ping buys the apartment but the tenants are terrible, always behind in their rent and regularly damaging things and neglecting the garden. She later finds out that the tenants had been there only 3 months, not 3 years. The misrepresentation was made to her due to an innocent miscommunication between staff at APH. Ping now wants to rescind the contract. APH have offered her another set of very reliable tenants who can move in immediately (since the tenancy has just expired) but Ping wants nothing more to do with APH. Advise her. (400 words)               Ping is entitled to the remedy of rescission with indemnity based on the misrepresentation. Misrepresentation pertains to the issuance of a false statement by one part to another party over a fact resulting to the inducement of one of the parties to enter into a contract (Graw, 2005). Based on this definition of misrepresentation, there are two major conditions to support rescission based on misrepresentation. One is the existence of a false statement of fact, which should be material fact (Kennedy v Panama New Zealand and Australian Royal Mail Co Ltd, 1867). The other is the inducement of the party to engage in a contract because of the misrepresentation of a material fact. In the given case, there is misrepresentation because APH falsely stated to Ping that there were reliable tenants in the apartment building when the tenants have stayed in the apartment for only three months. This material fact induced Ping to enter into a lease contract since she specifically considered reliable tenants as a motivation to enter into a contract with APH. There was a substantial difference between the material fact stated to Ping about the tenants of the apartment and the actual situation of the tenants of the apartment.             Even if the statement was issued because of an innocent misunderstanding among the staff of APH, there was misrepresentation because of the occurrence of its elements in the case. Specifically, there was innocent misrepresentation (Graw, 2005) since the staff made the statement to Ping with the belief that what they were saying was true. In the event of a misrepresentation, the outcome could be rescission with indemnity or affirmation of the contract through express communication or action such as by continuing the contract or implied by allowing the lapse of a substantial period after learning of the misrepresentation. Rescission for innocent misrepresentation finds support in Leason Pty Ltd v Princess Farm Pty Ltd (1983), which provides there is no authority that precludes entitlement to rescission of the aggrieved party to an innocent misrepresentation. Rescission with indemnity based on a claim of innocent misrepresentation is an action available to Ping because she does not have any intention to continue the contract even if APH has stated that new tenants will replace the existing tenants. Ping needs to file an action in court seeking indemnity and rescission of the contract with APH and she has to prove the existence of the elements of innocent misrepresentation.                3.                  Ping’s friend Polly operates an import/export company in Wan Chai. She arranges for a load of a client’s furnishing supplies to be sent by train to Guang Zhou. She approaches the manager of transport services at the railroad company, Mr Bao. He prepares the written contract. Nothing is said on the written contract about when the journey will be made, and Polly is worried that the goods may arrive too late in Guang Zhou. She tells Mr Bao of her concerns. He replies: “I promise you that I will get this load on the train leaving Thursday morning.” Polly is pleased, and pays the price quoted immediately. In fact, the goods are not loaded until Friday and they eventually leave Saturday morning. Sadly, that train is involved in an accident and fire en route, and the goods are badly damaged. The written contract has an exemption clause “exempting KCR from all liability for any damage caused to a client’s goods by accident or fire during transit.” Advise Polly. (400 words)               A collateral contract constitutes a promise, which does not form part of a principal contract (Graw, 2005). A collateral contract constitutes a contract in itself operating independently but significantly linked to the primary contract so that the collateral contract emerges when a consideration of one party is engagement in the main contract (Heilbut, Symons & Co v Buckleton, 1913). In Evans v Andrea Merzario (1976), a collateral contract is explained as a promise or assurance given with the intention of acting on it through the engagement in a contract and the actual entry into a contract makes the promise binding. This means that in deciding whether statements constitute a collateral contract, the statement should be delivered with the intention to rely on it, the party insisting on the presence of a collateral contract should have relied on the statement, and the party making the statement delivered this with the intention to guarantee its truth. Concurrently, there are two major elements of a collateral contract. First, the statement communicated has a promissory nature and in the form of an assurance (JJ Savage & Sons v Blakney, 1970). Second, there should not be any inconsistency arising between the primary contract and the collateral contract. In Hoyts Pty Ltd v Spencer (1919), the promise was not recognized as a collateral contract because this was inconsistent with the primary contract. In JJ Savage & Sons Pty Ltd v Blakney (1970), the promise was not also considered as a collateral contract because this does not have a promissory nature. In the given case, Polly made express mention of her concern over the schedule of the loading of the goods to reach the destination on time. This is in the context of an already existing contract between Polly and Mr Bao. Mr Bao replied that he promises Polly that he will have the goods loaded on the train that leaves Thursday morning to reach the destination on time. This constitutes a collateral contract because this involves a promise made for the fulfillment of the primary contract. In addition, the statement was communicated as a promise or an assurance and there is not inconsistency between the promise comprising the collateral contract and primary contract for transit.             In the case of the exemption clause, this should clearly form part of the terms of the contract. However, the operation or validity of the exemption clause constitutes a matter of court determination but Photo Production Ltd v Securicor Transport Ltd (1980) provides for the application of the contra preferentum rule that the exemption clause is interpreted against the party claiming its protection. 4.                  Polly’s friend Paul (now 27) is a chef for Hokkaido Pty Ltd, which owns the famous Hokkaido Japanese restaurant (owned by Yoshi) in Kowloon Tong. Paul has been working there for 10 years and now thinks he can make more money if he is his own boss. He wishes to move to Discovery Bay and open another Japanese restaurant there, called “Paul’s Japanese Restaurant.” Yoshi reminds Paul that when he joined Hokkaido he signed a letter stating that he would not open another Japanese restaurant “anywhere in Hong Kong for a period of 5 years” if he left Hokkaido Pty Ltd.  Paul doesn’t remember signing the letter, as it was 10 years ago. When it is shown to him, he realises that he did sign it, but that happened 6 weeks before his 18th birthday. He wants to know if he is bound by the terms of the letter. If so, why? If not, why not? (400 words)               Paul may not be bound by the restraint of trade clause by proving that the clause is too broad because it covers any area in Hong Kong and the limitation of five years is too unreasonable. Restraint of trade is an employment clause that puts a restriction on the freedom of individuals to deal or trade assets or information, in a particular manner, or trade with third parties. This applies during the period of employment and could extend after the termination or expiration of the employment contract. (Graw, 2005) Laws covering restraint of trade consider this practice as against public policy making unenforceable subject to the exception that the interest of a party or public interest justifies the reasonableness of the restraint (Attwood v Lamont, 1920). This means that a restraint of trade clause becomes unenforceable when this is unreasonable, subject to the determination of courts at the time of the imposition of the clause. The burden of proof rests upon the party wanting to enforce the restraint of trade clause while the party claiming unreasonableness have to show proof of the violation of public policy by the clause. (Linder v Murdock’s Garage, 1950) Restraint of trade applies to interests subject to protection so that in the case of an employment context, broad restraint of trade clause that covers all possible future forms of competition with the employer is unenforceable because it is unreasonable and does not constitute an interest subject to legal or contractual protection. In Wentworth Partners Estate Pty Ltd trading as RE MAX Gold v Gordony (2007), the restraint clause was considered unenforceable because the clause was broad. In Orton v Melman (1981), validity of a restraint of trade clause depends on factors such as the relative bargaining power of the parties, the nature or type of the prohibition, and the period or scope of the clause. In IRAF Pty Limited v Graham (1982), a restraint period of nine to twelve months was deemed sufficient in the case of a hairdressing salon.             Paul signed the employment contract including the restraint of trade clause when he was a minor but the employment contract stands since it covers employment, which is generally beneficial to him and the continuity of his employment when he achieved the age of majority constitutes ratification of the contract (Graw, 2005). However, Paul may also question the validity of the employment contract on the grounds of unreasonable terms subject to the consideration of the court.   References   Secondary Source   Graw, S. (2005). An introduction to the law of contract (5th edn.). Pyrmont, NSW: Lawbook Co.     Cases   Attwood v Lamont (1920) 3 KB 371 Bradbury v Morgan (1862) 1 H&C 249 Byrne v Van Tienhoven (1880) 5 CPD 344 Dickinson v Dodds (1876) 2 ChD 463 Evans v Andrea Merzario (1976) 1 WLR 1078 Heilbut, Symons & Co v Buckleton (1913) AC 30 Hoyt's Pty Ltd v Spencer (1919) 27 CLR 133 Hyde v Wrench (1840) 3 Beav 334 IRAF Pty Limited v Graham (1982) 1 NSWLR 419     JJ Savage and Sons v Blakney (1970) 119 CLR 435 Kennedy v Panama New Zealand and Australian Royal Mail Co Ltd (1867) LR 2 QB 580 at 587 Leason Pty Ltd v Princes Farm Pty Ltd (1983) 2 NSWLR 381 Lindner v Murdock's Garage (1950) 83 CLR 628 Manchester Diocesan Council v Commercial & General Investments Ltd (1970) 1 WLR 241 Orton v Melman (1981) 1 NSWLR 533 Photo Production Ltd. v Securicor Transport Ltd. (1980) A.C. 827 Ramsgate Victoria Hotel v Montefiore (1866) LR 1 Ex 109 Wentworth Partners Estate Agents Pty Ltd trading as RE MAX Gold v Gordony (2007) NSWSC 1135

Law Assignment

LAW Assignment 1. Ping is thinking of opening a restaurant. On Monday she contacts Dennis and is offered by him a restaurant property lease at Causeway Bay for a good rental. …

Patients Satisfaction with Primary Health Care Services in Primary Care Center Research Proposal

Patients Satisfaction with Primary Health Care Services in Primary Care Center Introduction Healthcare professionals are working together to find appropriate solution for the cases of their different patients. From viral diseases to physical injuries, the healthcare providers are always ready to provide attention. All of the healthcare professionals are working with the essence of care, knowledge, skills, and experience to promote health and wellness. Background of the Study and Problem Statement Aside from the truth that the healthcare are contributing for the health and wellness of the people, there are still issues involved in the services they provide for all. The fundamental principles of the ethics of care are already in the main stream of the healthcare process. Still, the problem is about the satisfaction the patients received from the provided healthcare assistance. From the past healthcare studies, the main focus is centered in the innovation, development, and mixing with different technological features in order to obtain the efficiency in providing care services for the patients. But from all the interventions and innovations the professionals created, they often forget on how effective or on what level of satisfaction those innovations gave to the patients. Purpose/Objective of the Study The purpose of the study came from the rate of return of the patients in the healthcare facility. There are two key ideas regarding the return of the patients and its either they are satisfied on the service provided or not. Through the assessment on the level of patients’ satisfaction with primary health care services in healthcare facility the main ideas in the return of the patients can be determined and the fulfillment of the goal of health and wellness can be achieved. Research Questions The study has three main revolving questions in the measuring the satisfaction of the patients in the kind of services provided by the healthcare workers. The questions are enumerated are as follows: a.      What are the issues involved in the decisions of the patients in returning in the healthcare center or hospitality? b.      What are the considerations that can be applied in measuring the patient’s satisfaction? c.       What are the evidences that an improved quality of care can deliver the patient’s satisfaction? Literature Review The return of the patient in the healthcare facilities maybe related in the socio-demographic factors such as the feelings of the symptoms or side effects after the major operation (2007). The satisfaction with the healthcare can be affected by the said factors which enable the healthcare providers’ additional workload and responsibilities and may contribute to the level of rehabilitation. Of course, that action is very necessary to promote the continue wellness of an individual. The idea of being responsive to the needs the patients is related to the assistance that a healthcare worker can provide. The achievement in the responsiveness domain can contribute directly to the patient’s welfare, as well as through the improvement of health therefore; there is a great level of expectations and impact of health ( 2000). The lack of a conceptual framework is considered to have been a major constraint in developing good satisfaction measures. Methodology The applied methodology is the popular use of the surveys on their patients. The questionnaires will give way to the analysis of the level of satisfaction. The patients are also allowed to indicate their suggestions to improve the satisfaction level that they can receive in the hospital. Randomization in Data Collected The data collected will be randomized according to the five levels of satisfaction. Accordingly, each will be assess as Excellent, Very Satisfied, Satisfied, Not Satisfied, and Poor Performance. The assessment will be based on the questionnaires on how they will assess the hospital. Analysis Work Plan and Limitation Patient’s satisfaction levels are increased by the doctor’s conversations with the patient. The longer visits of the patients increase the satisfaction and the feedback they received can be generated from their experience in the facility. Meanwhile the shorter visits only imply that the patient is less satisfied in the service of the healthcare providers. Other than that, there are other elements that serve as factors in assuring that the patients are satisfied. They are enumerated as dignity of the healthcare providers, autonomy over the process, confidentiality of the patient’s information, prompt attentions given to the patients, quality of the basic amenities, access to social supports during care, and the choice of the care provider because some of the patients focus on the gender and the relationship that can increase the satisfaction level ( 2000). There is also a weak evidence that the older people can be easily satisfied than of the younger generation (2006). This idea is probably because the young people are more active to work or studying. In addition, if the healthcare organizations are looking for an improvement in the satisfaction, they should also focus on the improvement on the management, organization and the primary care services to achieve the quality of the health and wellness ( 2005). Comparison with Previous Studies From the previous studies, there is a difference between the patients’ satisfaction and responsiveness. Patient’s satisfaction focuses on the clinical interaction in specific health care settings. It also covers both medical and non-medical aspects of care with the complex mixture of perceived need, individually determined expectations and experience of care. Meanwhile, the responsiveness evaluates the health system as a whole. Its main focus is on the non-health enhancing aspects of the health system as it evaluates the individual’s perceptions of the health system against the universal expectations (2000). Both studies only show the main concern in improving the quality of health care to achieve the levels of patient’s satisfaction. Saying that healthcare is facing critical challenges worldwide, therefore they must engineer the products, services, and procedures with the purpose of providing care and satisfying the concerns for the individuals (1995).

Patients Satisfaction with Primary Health Care Services in Primary Care Center Research Proposal

Patients Satisfaction with Primary Health Care Services in Primary Care Center Introduction Healthcare professionals are working together to find appropriate solution for the cases of their diff…

Critical Thinking: Establishing a national health care system vs. relying on health maintenace organizations

Introduction   The issue of health care in the United States has consistently been a concern for the public. This paper is going to look into the possible courses of action regarding the development of the healthcare strategies in the country. Specifically, the discussion will comprise of the arguments on the establishment of a national healthcare system and the dependence of the public on health maintenance organizations (HMOs).   Dependence on Health Maintenance Organizations   Health maintenance organizations (HMOs) serve as both suppliers and insurers of health care in the US. They usually offer prepaid unlimited and inclusive medical care for physical illnesses of any Kind. HMO’s vary from more conventional fee-for-service health schemes in a lot of ways. (2000) For example, HMO’s usually do not limit the days of care and spending for medical services. Similarly, HMO’s have agreed to give medical coverage at a preset cost, and therefore have an included incentive to manage costs. The consequence is that HMO’s highlight preventive health care. For instance, their members are typically granted intervallic physical exams, which are less generally covered under fee-for-service schemes. Moreover, HMOs are essentially businesses intended to make the most of profitability in every imaginable manner. There is a possibility that what someone has to do in the hospital industry what McDonald's has carried out in the fast-food industry and what Wal-Mart has implemented in the retailing industry. (1996) Under the concept of capitalism, health care services are analogous to fast food. This means that health care is similarly a product to be purchased and sold, akin to hamburgers and onion rings. It could be seen in the managed care sector that money exhausted on patient care is deemed as a "medical loss." Moreover, HMOs have been the motivation following the remarkable decline in hospital stays. This brought about the now recognized "drive-through-delivery." Patients on respirators or not capable of walking are released from the hospital when they have challenging injuries or situations that could destabilize any second (1999). And progressively, more friends and families acquire the load of management for patients whether they are skilled or are aware of the medical apparatus and treatments that are required to be directed. The wide scale presentation of managed care has not made health care more reachable or inexpensive. The cost of health care increases annually as does the quantity of the uninsured.   Establishment of a National Healthcare System   The case of the United States, regrettably, is the sole developed nation in the world that has not instituted universal health coverage. It is projected that 42.6M individuals have no health insurance (1999). The failure of health coverage and hindrances in care has brought about many individuals’ deaths. (1994) The Medicaid agenda has endured noteworthy modifications ever since its setting up. In 1996, the legislative branch of the government ratified the Personal Responsibility and Work Opportunity Reconciliation Act (). The law adopted time restrictions and rigid work conditions. In New York, the amount of individuals on Medicaid reduced by 265,348 or 9% while in Texas by 306,890 or 11% ( 1999). Unskilled welfare beneficiaries have a tendency to acquire low-salaried occupations with no health benefits. When managers do tender coverage, the monthly premiums are frequently not inexpensive (1998). The welfare-to-work schemes in every state have brought about a rising number of adults and children who either don’t meet the criteria or are disconnected from health benefits the moment they come in to the workforce. There is also the recommendation of a national health care system with a single-payer involved to answer the current crisis. In this context, the single payer is the federal government. A national health care system would get rid of the health insurance companies. Each individuals would be protected by and have admission to the similar health services granted by the federal government. Only under a national health care system, with admittance assured to everyone, can health care accurately grow to be a human right. To illustrate, In 1993 Senator Daniel Inouye, launched the National Health Care Act, suggestion for a Canadian-approach single-payer scheme (1995). The thought of a national health care system, in which the government would make use of tax money to finance universal health coverage, taking away health care from the responsibility of private insurance corporations and company owners, entailed popular espousal. (1993) Annually, public espousal increases for a national health care system carried out by the government similar to those in Canada and Europe.   Conclusion   The sole manner in which people can prevail on a benevolent health care system is by structuring a well-built, social movement that compels the government to put an end to the health insurance industry and set up a national health care system. There are no available inroads to structuring this movement. Those in power, both Democrats and Republicans, will not ratify nationalized health care except if they are obligated to by a great, well-ordered, social movement. The public is required to be a part of structuring this movement. In the mean time, the constant monitoring of HMOs should be vigilantly implemented by the government as it is in the process of instituting a nationalized health care system. The government should constantly make sure that the public is safe from any perverted measures that these companies might take in order to gain profit.

Critical Thinking: Establishing a national health care system vs. relying on health maintenace organizations

Introduction The issue of health care in the United States has consistently been a concern for the public. This paper is going to look into the possible courses of action regarding the developm…

Case Study for Bilingual Education

The Role of Language, Literacy and Culture in the Content Instruction of Junior High and high School Students with Diverse Cultural Backgrounds History of Bilingual Education               The process through which children learn their first language has fascinated people for centuries. These are several gruesome historical episodes in which unethical members of royalty from different cultures around the world exploited their power in vain attempts to discover the origins of language in children. Human beings possess a capacity to learn language that is specific to this species and no other. Language might be expected from the evolutionary process humans have undergone and that the basis for language might be transmitted genetically. The dominant American culture shapes nearly all public schools in the United States. School culture determines curriculum content, assumptions about background knowledge, learning philosophies, teaching approaches, classroom interaction and management, school routines, and parental participation. Differences in culture between the school and the students influences the teachers' perception of students and their families, the students' behavior and performance in school, and parents' interactions with school and their children. Decisions about what to teach are based on what society considers necessary and valuable to learn. World history courses that concentrate mostly on European history reflect the historical background that, implicitly, U.S. schools consider important. Students from other parts of the world are often deracinated because the curriculum lacks their own historical content. Their American classmates and even their teachers may be ignorant about the bilingual students' own historical background. The children’s ability to learn as facilitated by those involved in the immediate community where they live is presumed to be enhanced. This is the primary basis of most of the learning theories that has been identified through time. The children learn several lessons as they start to interact with the community. They learn how to become part of the community. As they growl old, they learn to play a role in the community. These of course, are in addition to the basic lessons that they have to learn in school. That is, learn how to sing, write, perform arithmetic, and solve math problems and others. There are certain arguments that involve in terms of the language development, It was been argued that language is a complex system consisting of a number of distinct, interacting, components, and that no single explanation for its development is likely to be adequate: but the evidence suggests, rather, that different factors predominate in the development of different parts of the system.  In meaning, the language development is a critical factor in the stage development of a child. Bilingual education is instruction in two languages and the use of each language as a medium of instruction for any part of, or the entire school curriculum. Bilingualism is common in the Ancient World, especially with the Ancient Greece. Latin prevails among the European communities due to the scope of the Ancient Roman empire. Starting in the sixth century B.C.E, ancient Greeks, for example, penetrated and dominated large areas of the Mediterranean. While they preserved and promulgated Greek language and culture through schooling, they had no interest in replacing local languages with their own.   Principles of Bilingual Education   Situational factors are closely related. Language use (linguistic factor) often depends on societal attitudes to the language (social factor). When youngsters become aware of negative attitudes toward their heritage language, they refuse to use it. Restrictions imposed on children due to gender (social) often have their roots in family values (cultural). Negative attitudes toward ethnic groups (social) arise from unfavorable political relations with their countries of origin (political). Financial status of families (economic) may depend on government policies toward particular immigrant groups (political). These factors affect students through the institutions with which and people with whom they frequently come into contact, called filters. Situational factors color the advice, attitudes, and pressure that family, peers, and school personnel bring to students. The neighborhood is the social context students experience daily, and the media are the most accessible way to bring the views of the larger society to children.  The manifestation of these factors is fluid, changing over time and varying from place to place.  (1990) maintained that historical background influences societal factors. Today's attitudes toward an ethnic group may be very different from those evident in the past. Present attitudes toward Japanese immigrants contrast sharply with those held at the time of World War II. Research on the academic achievement of students from different ethnic groups reveals differential performance of whole groups in different countries. For example, Finns tend to do poorly in Sweden but not in the United States, whereas Koreans excel in most countries except in Japan.             While the political and ideological debate over language choice for instruction rages, the number of bilingual students in the United States steadily increases. Bilingual programs only serve a small percentage of bilingual students. 1 Many more attend ESL classes, and a majority of bilinguals with low proficiency in English are enrolled in mainstream classes ( 1998). Some students experience success in school, but many do not ( 2001). Educators, linguists, and social scientists have over the years offered explanations and possible solutions. Blame has been attributed to the students themselves, their homes, schools, or even society. At first students who failed were labeled alingual or nonspeakers because they lacked fluency in English. Later studies attributed failure to the mismatch between the children's language at home and English as the predominant language of instruction (2001). By the late 1960s, introduction of the home language in school was considered the solution giving rise to bilingual programs ( 1990).             Presumptions about the students' culture were also offered to explain students' failures. From claims of "cultural deprivation," which branded differences as deficits, researchers moved on to explore discontinuities between students' home and school environments. The way students were enculturated. to learning at home markedly differed with schools' expectations (1998). The hope was that by incorporating students' culture in the curriculum and methods    teaching, educational performance would be enhanced ( 1990). A firstgrade Spanish-speaking teacher engaged the students in playing a language game as part of the language arts lesson. She allowed for student collaboration, talk, and even maintaining discipline. Although the game assumed competition, the students helped each other without regard for their own chances to win. Language use in this classroom and the nature of the interaction among participants (including the teacher) "seems to match the general language use of the community surrounding the school" ( 1998). In contrast, the same students working with a teacher unfamiliar with the students' language and culture became quickly bored playing a comparable game. The lesson was rigid and limited to the teacher giving directives and asking questions. Efforts from students to help each other and maintain discipline were misinterpreted, resulting in reprimands and lack of participation from a student who knew no English.                 (1995) observed students who succeeded academically in spite of the fact that schools ignored their language and culture. These students were recent immigrants from China, India, and Central America. These families moved to offer their children a better education and better socioeconomic opportunities. Motivated by their hope for the future and a sense of duty to their parents, who sacrificed so much, these students performed admirably in school. Language minority students who are not immigrants and who have seen the doors of success and upward mobility closed to their community generation after generation have no basis for hope in the future. For groups that have been traditionally neglected, the incorporation of their language and culture shows a sense of respect, which in turn breeds trust between school and community. Trust for the intentions of the schools to educate is an important variable ( 2004). Students can succeed in schools that do not consider their language and culture if parents and students trust that these schools are sincerely interested in providing a good education. Erickson gave Catholic and Muslim schools as examples. For (2004), neglect of home language and culture may be significant, but more significant are inadequate teaching methodology, unfair assessment, and lack of communication with the community, "result[ing] in the personal and/or academic disabling of minority students" (p. 60 ).  ( 1987) demonstrated in her research with bilingual high school students that structural and interpersonal barriers block students' integration into mainstream America. This isolation limits students' chances to develop English and progress academically.  (1999) extensive study of Native American communities in the Southwest concluded that linguistic, cultural, economic, political, social, and psychological factors need to be considered to understand educational situations and make decisions on educational policy. Configuration of the languages, strength of religion and culture, employment, government policy, national ideology, socioeconomic status, and attitudes toward languages all need to be taken into account when planning a bilingual program.             Collectively, the research on variables influencing the education of language minority students indicates that multiple situational and individual factors affect students' school performance. Situational factors ncluding linguistic, cultural, economic, political, and social--influence how students of a particular ethnic group are viewed by educators and peers, which in turn determines students' and their families' expectations of schools and how much schools provide for them.             Personal characteristics--especially language, culture, and educational background--influence how bilingual students function in school. Bilinguals' families play a pivotal role in language development, identity formation, and achievement motivation. Educators need to understand how situational factors, personal characteristics, and families affect individual students' education. The type of education schools provide ultimately determines the educational success of bilingual students, but knowledge of such external and internal factors can help school staff better support bilingual learners and their families and understand how these factors are influencing school policy and practice Principles of Bilingual Education The logical problem of language acquisition is that language learning would be impossible without universal language-specific knowledge ( 1999). The main reason apparently is the input data. Language input is the evidence, out of which the learner constructs knowledge of language. Such evidence can be either   positive or negative. The positive position of words in a few sentences the learner hears is sufficient to show him the rules of grammar (1995). Because of this reasoning, the UG has gained wider acceptance and popularity. Now, since the study of second language acquisition has tremendously been influenced by the study of first language acquisition, this theory is also used in the field of second language acquisition.  “The assumption that universal grammar is the guiding force of child language acquisition has long been maintained by many, but only recently has it been applied to second language acquisition” (2001). On the other hand, the term interlanguage was used by Lary Selinker who recognized that L2 learners create a linguistic method that comes from the first language, but is not equal to it or to the target language (1990).  This concept is characterized by a series of premises in the acquisition of second language. These premises include (i) the learner construct a system of abstract linguistic rules, which underlie comprehension and production of the L2. This system of rules is viewed as a mental grammar and is referred to as interlanguage; (ii) the learner’s grammar is permeable. That is, grammar is open to influence from the outside. It is also influenced from the inside; (iii) the learner’s grammar is transitional. Learners change their grammar from one time to another by adding rules, deleting rules, and restructuring the whole system. This results in interlanguage continuum; (iv) some researchers have claimed that the systems learners construct contain variable rules. That is, learners are likely to have competing rules at any one stage of development. However, there are researchers who argued that interlanguage systems are homogeneous; (v) learners employ various learning strategies to develop their interlanguage. The different kinds of errors learners produce reflect different learning strategies; and (vi) the learners’ grammar is likely to fossilize. That is learners may stop developing while still short of target language competence. The concept of interlanguage offers a general account of how L2 acquisition takes place. It incorporates elements from mentalist theories of linguistics and elements from cognitive psychology. The premises, other aspects related to them, the importance of input in L2 and the treatment of errors would be analyzed in details in this thesis.             The third chapter deals with the learning or acquisition of individuals in pre and post pubertal ages.  In this regard, research concerning brain-language relations will be examined.  A brief mention on the two traditional neurolinguistics school of thoughts is shown below. According to  (1998) the two schools of thought were described as localizationists and holists. The localizationists observed that of the two cerebral hemispheres, one appeared to be responsible for language, the left in most instances. Also localizationists understood that of all the left hemisphere, the central parts of the outer surface seemed more crucially linked to language, since damage to other parts of the left hemisphere seemed to have very few consequences for language abilities. As different cases of aphasia were observed, localizationists parceled out areas within the left-hemisphere cortical language area, with one area nearer the front of the head deemed responsible for producing language and another for comprehension. The holist school, on the other hand, has argued that localizationism is a false compartmentalizing of language abilities that in fact are supported by larger parts of the brain. Thus holists were called connectionists because they focused on how areas of the brain were interconnected. Holists focus on the way language is dependent on cognitive abilities such as memory, abstract thinking, attention and prefer not to limit themselves to exploring ever more delimited language phenomena and language areas ( 1990). The analysis of this study will mainly focus on the theory of the lateralization of the brain and its implication for second language acquisition.  In order to examine the process of lateralization of the brain and its relation to L2 acquisition, it is necessary to analyze the hypothesis that has caused so much controversy in relation to the L2 acquisition of adults and children, the “critical period hypothesis.” Bilingualism in School For the teachers and other people in the academe, the results of the reviewed articles should be a constant reminder to the subsequent steps and measures that will be applied and implemented in the schools in relation to the consequences brought by changes in the educational system. Instructors should be sensitive enough in dealing with every student due to differences in cultural orientation by conceptualizing better means on how to exhaust the learning abilities and capacity of the students incorporating teaching materials that students can relate and incorporate themselves to. They should also realize the significant role they play in the continuous development and improvement of the educational environment in the country by taking their stance on issues that are best dealt by educators rather than the involvement of politics. For the students in the school, it is always important to be open to new ideas and skills being provided by teachers. Taking part and contributing on the studies that can provide improvements in the education system of the country for the betterment of the future social community should be emphasized among students. Their role as successors of the future society should be realized and inculcated early on. Recognizing the importance of education not just a means of completing a stage in this existence but by realizing the advantages and added value that learning provides to each individual should be a motivation and driving force to become a person worthy of appreciation in the future. This paper should enlighten the individuals who are interested in pursuing a career in education and upholding quality and literate youth for them to be productive and ideal citizens of the country in the future. The issues that were presented in the paper should be fully considered as part of the challenge in their entrance to the education system. The inevitable problems that are confronted at present which are in need of immediate acknowledgement and solution should be considered as noble goal among future educators.

Case Study for Bilingual Education

The Role of Language, Literacy and Culture in the Content Instruction of Junior High and high School Students with Diverse Cultural Backgrounds History of Bilingual Education The pr…

ANALYSIS OF CREATIVITY AND LITERACY PRACTICES

ALL MEANING-MAKING PROCESSES HAVE A CREATIVE ELEMENT: ANALYSIS OF CREATIVITY AND LITERACY PRACTICES   Table of Contents   Introduction.. 3 Literacy Practices and Creativity.. 4 Literacy Practices as Indicated in Literature. 4 Level of Creativity in Practicing Literacy. 5 Implications of the Environment in a the Creativity of Literacy Practice   6 Effects of Technology. 7 Contributions of Mass Media. 7 Interaction with the Community. 8 Analysis.. 9 Conclusion.. 10 References.. 10       Introduction In the realm of literacy learning, the context of literacy learning is incontrovertibly connected to the actual process. It weighs as much as the actual learning of literacy processes given the fact that this is how the learners apply what they learned in the practical setting. Nonetheless, there have been accounts that in employing literacy practices, the learner is given the chance to show an expression on how they feel or react on something using the literacy skill they have acquired in classrooms. At some point, this expression indubitably establishes the existence of a creative initiative on the part of the learner. As indicated in the primary question of this paper, “all meaning-making processes have a creative element.” This study will be looking in to the range of possible creativity that the learners exude in their literacy practices. These practices could include anything as mundane as reading the newspaper or interacting with a colleague. In the same account, the discussions will also cover implications of the environment in the creativity used in literacy practices. Specifically, an account on the implications of technology, mass media, and community interaction to the capability of the learner to employ creativity in his/her literacy practices. Moreover, the study will refer to scholarly and academic journals that directly deal with the examination of literacy practices.      Literacy Practices and Creativity The relationship of literacy and creativity tends to focus on the actual elements that exist in the literacy practices sanctioned by any learning institution. This part of the study will look into the regard on literacy practices in literature and its connection with creativity. Basically, this part will serve as an introduction to the claims that will be given much later in analysis and conclusion of the paper. Literacy Practices as Indicated in Literature As mentioned in the introduction of this paper, the existence of literacy practices is an indispensable element in literacy processes. In the study of  and  (1998, ) they described literacy practices as “complex socio-cultural interaction between teacher/parent and student/child.” This means that these involve more communication and expression on the part of the learner. For those who has been immersed in a setting where they have to readily employ the recently acquired skill of literacy, particularly among adult learners, literacy practices tends to involve actual activities necessary for their profession or trade. This makes it rather complicated as the learner have to simultaneously consider the “sociological, linguistic, philosophical and pedagogical perspectives” present in their environment, be it with the one at the other end of the communication or even the context of what the learner is reading. This study suggests that it is this consideration of the “context” that creates meaning and thus creativity on the part of the practice of literacy among the learners.   Level of Creativity in Practicing Literacy Literacy practices are implemented by the learner generally in two areas, the classroom and the community. In the classroom, the literacy practices are bound by the limitations held by the curriculum.  (2006, ) indicated that the classroom setting has been traditionally limited to the “traditional print modes of the novel and the poetry anthology.” This show how educational systems previously regard the way literacy practices are supposed to be done. To some extent, this limits the learner’s practical literacy learning to reading the text. In this process, there is the risk of running the possibility for the learners to read without understanding the contents and context of the traditional print modes. Fortunately, recent innovations in technology and pedagogy opened up doors for multimedia devices which  (2006, ) characterised as “multimodal forms of communication such as documentaries, feature films, websites, cartoons and hypertext literature.” At this end, the learners are able to recognise the context of a particular literacy tool more quickly which essentially indicates a faster rate of understanding. In other recent studies, they have mentioned the use of entertainment sports, like professional wrestling, as a means of literacy practice among the younger generations of literacy learners. Specifically, , , and  (2004, ) mentioned that the process involved in professional wrestling matches often requires literacy skills to interpret and appreciate the event. In more technical terms, wrestling was paralleled with Shakespearean theatre with the ring as its stage and the individual wrestlers as the main actors. (, , and  2004, ) They even mentioned that the presence of “rising action, climax, and denouement” reflects what is implicated in such traditional literacy practice of interpreting plays. To a certain extent, the presence of such improvements in entertainment or any other developments in technology that requires the literacy skills of an individual, elevates the level of understanding of the learner and in the same time lifts the standards on which the creativity is required in the process of carrying out literacy practices. Implications of the Environment in a the Creativity of Literacy Practice Aside from the classroom, the learner exercises his/her literacy skills within the environment which he/she is subjected. It is in this area where the practical applications of what he/she has been training for in educational institutions relating to improving his/her literacy skills like the use of spoken and written English. ( and  2002, )  The classroom setting, to some extent, provides the learners with the needed equipment in the form of theories and models that will help them once they interact with other people outside the school. In the same account, the classroom setting provides the necessary exercises for them to establish creativity and meaning in the process before literacy practice in the real world commence. However, aside from the classroom, the learners are also subjected to forms of the environment which could sharpen their literary skills. These includes through technological means, mass media, and actual interaction in the community.               Effects of Technology In the classroom setting, the use of the internet and other computer technologies predominantly to improve the learning skills and hasten the pace of learning that the learners possess. ( and  2002, ) However, the culture of the internet in modern countries has progressively been taking these societies by storm. This means that regardless of the pace of development in any state, society particularly the commercial sector is slowly taking on technologies involving computers and the internet. This thus requires added creativity on the part of the learner as he/she has to place the right context to understand the contents of a website or an e-mail message. The urgency to be creative is further emphasised for learners who are employed as well given that most of the companies require their employees to operate computer technologies and correspond though such medium. ( 2002, ) At some point, learners realise that improving their creativity and ability to decode and interpret in such a medium will essentially provide them the advantage or at least a fighting chance to compete with the other professionals in the company.     Contributions of Mass Media In the context of mass media, this means of literacy practice shows the need for creativity on the learner in instances where they have to possess a clear understanding of a particular message. Earlier in the paper, a discussion regarding the interpretation of entertainment sports such as professional wrestling gives young literacy learners the chance to create the understanding of character roles, plots and the need for “tough talk” in such performances. (, , and  2004, ) As the study pointed out, the young viewers of this genre clearly uses their literacy skills in interpreting these elements to have some idea on the progress of a storyline, who will end up victorious in a match, or even if there is the possibility of a controversial ending in  a fight. This amalgamation of skills required in viewing such modern discourses and plays tend to present a different medium and thus demand a different level of creativity on the part of the literacy learner.   Interaction with the Community This means of literacy practice may well be the most effective and even the most basic type among the other elements discussed above. In this type of literacy practice, the learner has to communicate with the other members of the area, be it in a store or in a local gathering. In interacting with the community, the learner is subjected to a two-way process of communication where response is required immediately. ( 2001, ) This means that in interacting, the learner has to create responses that will have to provide proper meaning on the recipient of the message. The pressure on the learner is high to make sensible conversation or establish a clear claim; otherwise the receiver or receivers of the information may misconstrue the claims resulting to a failure in communication.   Analysis The discussion manifested that the environment of the learner have a lot to the type of literacy practice a well as the level of creativity used by the individual in the process. Seen in the discussions above, the most basic area on which the learner acquires creativity in literacy practices is in the interaction with the community. This interaction, which includes classroom and peer communications, tends to manifest the need for the learner to recognise the need for context in order to understand the contents of the practice. The added factors like those in the improvements in technology and mass media provides the learner the medium to which he/she could put into practice the skill he/she acquired in the classroom. For instance, these skills are used on a daily basis as checking one’s email or ordering online. At any rate, the use of such skills and creativity tends to become a staple in such activities as writing an email response or following the ordering procedure requires the individual to consider the context and understand the content of the website or the e-mail message. In failing to do so, a collapse in the communication in the electronic correspondence or in the ordering procedure will ensue. This is the same in the case of mass media. Though the communication is rather one-dimensional when compared to face-to-face interaction, the learner is required to interpret the message and decode it in such a way that he/she matches the context on which messages from television or print is conveyed. This increase in the demand on the part of the learner subjects him/her to incessant number of literacy practices which essentially means that the learner could develop his/her literacy skills at a much faster rate.    Conclusion The importance of the environment in the context of literacy practices of the learner is highlighted in the discussions above. The study presents a clear discussion of the contribution of the improvements in technology and mass media on the learner to adapt much quicker and employ the skills he/she acquired in the classroom in a much faster rate. Same as the boost in the demand on the part of the learner, the environment also provides the creativity needed by the learner to determine the context and understand the content of a particular message. As indicated in the earlier parts of the paper, from reading an e-mail, to ordering online, to even watching a professional wrestling match, the creativity of the learner is required to decode the message and interpret the content in a more efficient manner. Nevertheless, this improvement in the environment of the learner would be rather worthless unless proper training is given to the individual within the classroom. The proper understanding of the basic theories of the language and skill to communicate serves as the foundation on which every educational institution should reinforce. Striking a balance between the classroom and the environment through effective training allows the learner to facilitate a more outstanding meaning-making process. References

ANALYSIS OF CREATIVITY AND LITERACY PRACTICES

ALL MEANING-MAKING PROCESSES HAVE A CREATIVE ELEMENT: ANALYSIS OF CREATIVITY AND LITERACY PRACTICES Table of Contents Introduction.. 3 Literacy Practices and Creativity.. 4 Litera…

CHAPTER TWO - METHODOLOGY: Strategic and Marketing Management of Software Business Expansion in China

CHAPTER TWO - METHODOLOGY   Review of relevant literature Reviewing literatures plays a vital in this research study as it can integrate informative means of understanding strategic and marketing management of software business expansion in China. The need to have basis on several frameworks and matrix that are ideal for presenting in effective grounds of secondary research from wherein applications are important and essential for realizing goals and objectives for execution purposes. This literature review will be divided in several sub headings that deals with software business industry in Chinese context and assimilation.      Software Industry – Case of China The Chinese software industry barely existed before the 1990s. The Institute of Computing Technology at the Chinese Academy of Sciences built China’s first computer in 1958. However the government devoted most of its financial resources and limited pool of skilled labor to reverse engineering key hardware such as integrated circuits and technologies with mixed military and civilian importance. There were scattered software development projects in state-owned research institutes, but commercial research and development can be non-existent because of the organizational and institutional barriers separating the research institutes from the market. Chinese programmers at the Institute of Software at the Chinese Academy of Sciences and other research institutes also began to develop simple information systems, typically by directly manipulating a database for a limited set of functions such as searching and reporting the ability to update information interactively[carolc1] . These systems were developed separately for particular end-users and little attention was given to integration or overall design.   One of the difficulties in China is the concepts of Standardization Management-oriented business publications discuss standardization in relation to product standards or formal agreements, such as promoted by the International Organization for Standardization (ISO). For example, Bowles (1992, p. 142) defines standards as: “formal agreements that define the contractual, functional, and technical requirements to ensure that a product, service, process or system does what it is supposed to do”. Alternatively, Dilworth (1996, p. 99) understands standardization as: “having fewer choices of components and products that must be produced the use of common components in multiple models of product. Thus, Levitt (1983, p. 94) indicated, “the most effective world competitors incorporate...the same kind of products sold at home or in the largest export markets.” In other words, standardization should be seen as process that involves the creation of a standard to be applied rather than the creation of standard to be achieved. The software industry has matured into a global business with software products and applications growing in number, complexity, and market importance. Global sourcing and software production and operations sharing are becoming the industry standard. At the same time, the marketplace has become less tolerant of poor-quality products and hidden maintenance costs. Reviews various existing standards and frameworks and discusses the massive consolidation and coordination efforts currently ongoing for the purpose of developing international quality standards. Warns that becoming ISO 9000 registered is only the first step to achieving consistent software quality.   Software quality problems Achieving quality software is a somewhat elusive goal. Most people base their estimates of a product’s quality on its functionality and the appearance of user interface. However, there are other attributes of a software product besides functionality. Testability is the measure of difficulty in testing a product. Portability is the measure of effort required to modify and test a product to allow that product to run in an environment other than the one for which it was developed. Extensibility refers to the ease of enhancing the product, and maintainability is more narrowly focused on updating the product to deal with bugs in the system. All of these attributes taken as a whole determine the quality of a software product. Software programmers and development teams rarely achieve their objectives for all of these attributes, and they often miss their deadlines and cost targets. A study focused on meeting deadlines in software projects in Germany revealed that 60 percent of the projects investigated were more than 20 percent behind time, while only 5 percent were completed on time (Eversheim et al., 1997, p. 288). Studies demonstrate that maintenance and debugging costs often make up 60 percent or more of the total development costs for a software product (Eversheim et al., 1997, p. 288). In recent years, software has increasingly become a critical component in products in the consumer and capital goods industries. More and more products contain multiple software components, on which they depend for many of their functions. In addition, software has come to play an important role in many service industries such as the banking and insurance industries. Current development of international software standards Standards are documented agreements containing technical specifications or other precise criteria to be used consistently as rules, guidelines, or definitions of characteristics, to ensure that materials, products, processes and services are fit for their purpose. The emergence of a global market has caused firms to seek uniform standards to reduce the costs of transacting business with various customers as well as suppliers. International standards thus contribute to increasing the reliability and effectiveness of the products and services we use and produce. International standardization also plays an important role in trade, commerce and technology transfer within, and between, countries. ISO 9000 can be effectively adapted for use in the software industry. In fact, ISO 9000-3 was published by the International Organization of Standardization in 1991 as a guideline for the application of ISO 9001 to the development, supply and maintenance of software. Nevertheless, there are some profound differences between ISO 9000-3 and good general software practices (Oskarsson and Glass, 1996). ISO 9000-3 defines only a limited set of requirements for quality software development methodologies, which means that companies need to search for additional sources of information in order to develop a complete methodology.   More Information Pointing China Most of sales regarding China's leading domestic software firms are in this business as several reasons can be: -       Low user sophistication and strong desire to integrate software with their product creating strong pressure to become not just producer of particular piece of software, like Enterprise Resource Planning (ERP), provide services allowing systems integration -       Extreme levels of piracy make it difficult to develop products, while services, including mix of hardware and software do not face similar piracy risk -       Software business such as not advance in some IT capability as certain suppliers often use systems integration work as an entry point for software development.   China's policy toward foreign direct investment (FDI) is reviewed and the volume, sources, geographic distribution and composition of FDI are analyzed. It is found that FDI has been positively associated with economic growth, and the increase of total fixed asset investment in China. Foreign direct investment have forced an increasing number of domestic manufacturers to compete globally. It has also been associated with phenomena such as accelerating uneven development between the coastal and inland provinces, worsening income distribution, declining ideological commitment. While the opening of the Chinese economy to FDI is still an ongoing process, positive stimulating effects of foreign direct investment in China are observed, and these are found to contribute toward the success of its recent economic reforms. Much has been made of the importance of emerging markets and transition economies as the future of the software industry as why Chinese markets are proving attractive to Foreign Direct Investment examining theories of internationalization and drawing on key FDI data as well as transition economies of China and assesses whether government should continue to support Software expansion industry as part of development process. There has been a high degree of FDI that makes the decisions will depend on the parent company and government officials still play a very important role in procurement process and bride Clone, source code stealing are very common in China as well as high localized requirements The attraction of foreign direct investment is key economic development strategy for China as with FDI becoming more prevalent in Software business service sectors, example of non-market based investment in the computer services and China’s software sector. Although the emergence of offshore data processing and programming are well chronicled, as software becomes increasingly standardized, international divisions of labor are also developing within the leading producers of standardized software packages. Diskeeper Corporation can possibly establish software domains from which there manufacture and localize software products for the Chinese market. There would appear that while the promotional evidence and data may exaggerate the strategic importance of Chinese software industry, the nature of FDI in software industry is of higher quality than previous rounds of FDI in the region. The Chinese government has assisted software industry in more ways such as, it helped realize the model represented by Great Wall: that of allowing a state-run computer company to become privatized as a successful PC maker. The Chinese government had influence on the software industry by sponsorship of national research efforts on “core technologies” deemed essential to the nation’s computer industry. Some examples include various large-scale government-funded projects dedicated to developing Chinese competence in core computer technologies (Lovelock et al., 1997). The Chinese government developed many of the same policies for the software industry, but much support has been along the lines of infrastructure provision, incentives and provision of skills, Chinese government appears to be trying to avoid getting into the industry directly, and is simply seeking to foster basic conditions for industrial formation.   [carolc2]  In addition to competitors, foreigner suppliers are important, especially in what concerns ‘pure’ development work. Of top firms in China doing software, dominance stems from higher product quality and scale economies (IDC, 2001). Furthermore, Microsoft, IBM, Oracle and some others dominate the market. Foreign companies pay high salaries[carolc3] , enabling them to attract top talent (Wright, 2002).   How about Linux? Linux exemplifies how software development and appropriation of economic returns can be decoupled from the control of one firm, and instead rely on the actions of many, distributed computer programmers. At the same time, Linux is an example where one set of knowledge software gains in popularity and in number of users, this may attract people interested in appropriate benefits according to the hybrid business model. In short, they have begun to offer a choice to users. Unlike the examples of Microsoft and Netscape, Linux is not one firm. It is instead an operating system, now based on open-source software, which has developed through network. The Linux operating system is called the Linux kernel. As with Microsoft’s operating system, the Linux kernel is a sort of translator down to the ones and zeros of the computer language as well as a platform for running different applications. For Linux, there are official and test versions of the kernel as well as patches improvements, which can be added onto the kernels to make them work better. The test versions are like beta versions release by commercial companies, as discussed above under the Microsoft example. One individual wrote the initial source code which forms the core of the Linux operating system, but further software development has been structured through a network, or community, of software programmers. Linux was attracting relatively many expert user/developers who thought it was a good operating system and were willing to develop it further. The concept of ”open source” software, with specific rules of conduct, was proposed to unite the various licenses for free software (PC+ 1999). These rules and certification were also self-organized and developed over the web by computer programmers. The following nine conditions for certification set some boundaries which will influence how and why invention and innovation in open source software will differ from commercial software: Free redistribution, without restrictions or fees. Program must include, and allow distribution, in source code as well as compiled form. License must not be specific to a product, e.g. dependent on being part of a software distribution, license must not contaminate other software, e.g. must not demand that all other software is also open source.     And why Microsoft can penetrate the market so well. it should be good point to elaborate   The most important event for Microsoft’s software probably came the firm was incorporated, because IBM introduced its personal computer (PC) as the American market and the installed base of IBM PCs and clones grew rapidly, which meant that this software market would also grow rapidly. ”The enormous size of the personal computer market created unprecedented scale and profit opportunities” (Steinmueller 1996, 34). Microsoft got crucial market leader opportunity in PC software, when IBM endorsed its PC-DOS operating system as the standard, then later Windows. Microsoft was quick to act upon this, becoming the dominate supplier of PC operating systems. Microsoft’s operating systems has in turn often been sold with a package of other applications and also pre-installed on hardware. Over time, Microsoft successfully created a mass market bundle of programs around their core operating system, which has been attractive for large numbers of users. Strategies for, and competition over, that bundle has changed over time. For example, Microsoft recognized the value of images on the PC start-up screen and desktop. They have been accused of going to extreme measures to keep their programs pre-installed and to keep their trademark image on the start-up screen, through threats to hardware vendors. The firm has, however, also made mistakes in trying to decide which areas will be of economic value in the future, and sometimes has been an imitator rather than a leader. Microsoft gave away its Internet Explorer for ’free’, or as part of the package. The challenge at the time lay in a combination of Netscape’s browser with the workstation company Sun’s Java language. The idea was that NCs could actively use programs found on the web and based on Java rather than relying on installed software in PCs (Economist 1996). Microsoft’s core market for standardized, mass market software bundles for the PC. People would no longer need to buy these products nor would the operating system be the foundation software necessary for the whole bundle. China is encouraging their government agencies to use "open source" software developed by communities of programmers who distribute the code without charge and donate their labor to cooperatively debug, modify and otherwise improve the software. The best known is Linux, a computer operating system that Microsoft now regards as the leading competitive threat to its lucrative Windows franchise in the market for software that runs computer servers. The foremost corporate champion of Linux is I.B.M., which is working with many governments on Linux projects. Microsoft worries that some governments may all but require the use of Linux for their powerful servers, which provide data to large networks of computer users. For the most part, the battle does not involve the kind of software that runs on the typical computer user's desk.Microsoft's new business-oriented operating system, in China last spring. Unlike the Windows source code, which Microsoft keeps secret, the Linux code is open for all to see and is freely distributed with the stipulation that anybody can improve it as long as any modifications are shared with the rest of the world. The almost communistic "from each according to his ability, to each according to his need" approach appeals to China's Marxist leaders. Despite the government's stand, no one is suggesting that Microsoft is finished in China. Though it will not provide specific sales figures, the company says its software sales in China surged 80 percent last year and continue to grow. The turning point in Microsoft's image was the introduction of its Chinese-language Windows 95 operating system, which was programmed to display references to "Communist bandits" and to exhort users to "take back the mainland." Beijing, infuriated to learn that Microsoft had used computer programmers in Taiwan to write the software, demanded that the company hire mainland programmers to fix it.   How about the story of A330 assembly in TianJian that can tell why Boeing fails in China from year to year but Airbus wins   Airbus launched its first model A300, the world’s first twin-engine wide-body passenger jet. Following Boeing’s lead in offering aircraft families sharing common features, Airbus launched A310 in early 1980s, a stretched version of the A300. With the A300/A310 family, Airbus gradually established its reputation for innovation and leadership in extending usage of composites to secondary and, later, to primary structures10. In the mid 1980s, Airbus launched the A320, a single-aisle aircraft with 150-seat capacity. The A320 was a huge commercial success for Airbus and with more than 2500 deliveries till today, the A320 family still brings in more than half of Airbus’ total sales revenues. One of the most important features contributing to the A320’s success is the introduction of “fly-by-wire” technology. This innovation enabled the pilot to maneuver the aircraft using a side-stick control, reduced the weight of the aircraft, and increased fuel-efficiency. Most importantly, this innovation allowed Airbus to introduce the concept of “commonality” different aircraft platforms sharing the same features, such as using the same cockpit design within the same family or across different families. The A350, which started as a modified A330 and more recently has come under some criticism by customers, is being re-designed and, having fallen behind by about three years,  One country that truly understands the importance of off sets is China. By pitting Boeing and Airbus against one another for sales of aircraft, the country has secured the transfer of technology and production by U.S. and European aerospace companies and taken a great leap forward in developing an aerospace industry of its own. Boeing has signed hundreds of millions of dollars of supplier contracts with China’s aviation industry, while Airbus, in addition to entering into supplier contracts, has announced the establishment of an assembly facility for the Airbus A-320 in China.     Chinese software industry still consists of too many small companies as because of to the earlier stage of growth in the local industry as well as the fact that they have not yet mastered the art of managing growth in technical capability and process. The strategic marketing industry is evolving, especially in: the use of superior knowledge of the Chinese business practices and preferential purchasing practices by domestic government, for example UFSoft and Kingdee have come to dominate 60% of China's accounting software market and are increasingly the market for enterprise resource management software (Saxenian, 2003), critical challenge will be the ability of firms to specialize and deepen their knowledge in particular areas.   Industry structure Given the rapid growth of the markets for software products and services in China since the late 1990s and the policies introduced since 2000, there has been high rate of growth in new entrants into the industry while, at the same time, group of Chinese software firms with established reputation have become relatively large. Thus, domestic Chinese software and systems integration firms with an annual income in 2002 of more than 500 million RMB Yuan represented 0.8 per cent of all firms in the sector, while those with annual revenue less than 10 million RMB Yuan constituted 75 per cent. The proportion of software and systems integration firms that earned a revenue larger than 10 million RMB Yuan in 2002 formed almost 25 per cent of firms in the sector, a clear improvement compared to 2001 (CSIA, 2003 p. 96-97). In other words, although a group of Chinese domestic software firms had become reasonably large, the majority are very small. Although some specialized small new ventures may have a considerable competence and may be expected to expand their capabilities quickly in growing domestic markets (Tschang and Xue, 2003 p. 31), observers have lamented the weak technological status and capabilities of the greater part of small software firms in China.   Software Industry: Chinese Perspective   According China Software Industry Association (2002), “China has 5700 software companies of which 70 percent employ less than 50 employees each and further 20% employ only 100 to 500 employees as only 50 companies have more than 1000 employees. As for revenue, most of these earn less than $10 million and only 18 companies make above $50 million”. International software companies dominate most of the China software product markets. Some of policy initiatives that have been so successful in the realm of manufacturing have been applied to the software industry. Preferential taxation and special zoning arrangements, including high tech parks to attract domestic and foreign investors, have sprung up. The Chinese Government believes there are three problems that currently hamper the software industry and it has devised three key policy initiatives for addressing each in turn. There is also an expansion in IT training: recently, Microsoft, IBM and some Indian IT training firms have invested heavily in IT as the supply of new IT professionals should cease to be an issue after 2004. China may be able to compete with India in terms of cost, but it lags well behind India when it comes to quality (Amoribieta et al., 2001). The government believes that this problem will be partly addressed by its education and training measures, but its major initiative is to encourage firms to seek quality certification by means of an incentive refunding plan. According to Orbys Consulting, the average contract size of an offshore outsourcing is $7.2 million and the average contract duration is 3.3 years, which works out at $2.18 million per year (ComputerWire, 2001). However, the average revenue of a Chinese software company is less than $600 000 (China Software Industry Association, 2002). China identify software as critical industry that is essential to economic progress and national security, hence deserving of government promotion, along with more established industries such as computer manufacturing as well as telecommunications. There are unique opportunities in developing application software and embedded software for the sophisticated IT capabilities that have developed in China, including the recent expansion of IC and high end laptop manufacturing. Chinese companies are rapidly expanding foreign connections in part to enhance management and process capabilities.       Some Roles of Diskeeper While locals may see presence of competing multinationals as negative, it is actually a sign of development of the local market. This is clearly the case in Diskeeper where there sellers of packaged software and high level consulting services. In China, the market is growing rapidly across many sectors, but much work is still systems integration, involving a large hardware component, and a smaller but growing software and services component. In China, the local market in certain sectors is largely dominated by foreign multinationals at the top end such as complex enterprise software, while in other sectors such as telecoms and transportation infrastructure, the domestic firms tend to focus on systems integration involving custom software and packaged software. Many small and medium sized Chinese firms also service the small and medium enterprises market with either custom or packaged software, often coupled with a lot of services. While no definite trend exists at the moment, the nature of the market in each of the nations may dictate which multinationals move there their software development activities. So, it is likely that one will find software development for manufacturing migrating to China; pure software development activities may have a bias because of its current image in the international market where it already possesses a strong base, but it may me at a disadvantage in the others.   Focus on Product Significant number of firms known to have better capabilities and business models are product focused although the role of multinationals in China should not be marginalized as multinationals have not had a great impact on domestic Chinese firms, either in terms of employee experience or training, or by being clients for the firms. The biggest impact appears to be in terms of competition at the high end of products and services, with multinationals having secured about two-thirds of the domestic products market. Some aspects of the Chinese economy are expected to have positive influences on the industry’s growth, such as the strong manufacturing sector, which uses software in many products even beyond computer equipment, for instance, telecommunications equipment, consumer electronic products, automated machinery (CSIA, 2000).   Product Marketing Capability China’s markets for software in different provinces are quite fragmented and difficult to break into, given the different standards across provinces. Existing relationships between firms local to those provinces and their customers or institutions may also form barriers to entry for other firms. In order to market and expand nationally, software firms have had to adopt different techniques in these conditions. There appear to be at least two ways to market products in China: through product branding, and through relationship sales. Some Chinese product firms have managed to establish themselves with strong domestic brands in specific sectors that have not rely on marketing method.   Capability as a Differentiator in the Marketplace The deepening of technological or other forms of capability is one way in which stronger companies differentiate themselves from their weaker rivals. There are many small, weak companies in China which compete on cost alone, and in a competitive market, these can make it difficult for the better companies to climb out of the pack. Diskeeper have tried to move to more technological sophisticated products at the higher end, so as not to compete with the many smaller companies who could not compete at that level, but this can prove difficult without the right skilled manpower or if the market does not support the move.   Critical selection of key methods and insights There implies to strategic management and marketing management that relates to expansion of software business in greater China with a special case to Diskeeper Corporation initializing how the corporation expands their business successfully in China. Discussion and awareness for effective strategic management and marketing management for software business expansion at greater China and utilize a one ideal blueprint that brings in strategic marketing ways on the core paradigm as the research will cater more on analysis rather than mere description of what is software industry/business and other related points. Diskeeper Corporation as to how they can successfully expand their business operations in greater China, allowing internal and external environment analysis is of a crucial factor that astounds to a positive outcome of strategic and marketing formation into an effective assimilation. The presence of adequate marketing information comprises internal and external issues and includes estimates of sales potential and assessments of the cost effectiveness of various marketing expenditures. The research identifies marketing challenges small software firms face during their growth and internationalization processes. It starts with an analysis of Diskeeper software company activities along continuum from strategic business’ to ‘market driven business management. The brief analysis of Diskeeper in strategic marketing, in which there is paradigm shift from notion of marketing mix management towards strategic centered marketing as needed along such framework for identifying major marketing challenges facing Diskeeper software company in the present millennium. Through this dissertation, there has been showing of research focus and presenting some parts of research areas which are to be tackled in such strategic market based environment. The main argument is that Diskeeper  management style and organizational structure determines a significant extent of the known process and nature of effective strategic marketing tools as being envisaged under certain perspective from within market structure and culture. Example discussion of strategic marketing tools that Diskeeper can utilize Diskeeper to use and apply 7S Framework in such ways that the framework have to devise such strategy, but Diskeeper have to be able to implement it if it's to do any good. The need to take account of the seven of factors to be sure of successful implementation of Diskeeper strategy, and the relative importance of each factor will vary over time, and Diskeeper can't always tell how that's changing. The 7S Framework is useful way of checking that Diskeeper have covered important bases. The Seven Factors that Diskeeper will have to consider can be : 	 		 		 		Strategy 		 		 		A set of actions that Diskeeper start 		with and must maintain 	 	 		 		 		Structure 		 		 		How Diskeeper people and tasks or work 		are organized 	 	 		 		 		Systems 		 		 		All Diskeeper processes and information 		flows that link the Diskeeper together 	 	 		 		 		Style 		 		 		How Diskeeper managers behave 	 	 		 		 		Staff 		 		 		How Diskeeper develop managers in 		current and future time 	 	 		 		 		Superordinate Goals 		 		 		Longer-term Diskeeper vision, values 		stuff, that shapes the destiny of Diskeeper 	 	 		 		 		Skills 		 		 		Dominant attributes or capabilities 		that exist in Diskeeper 	   There is more on 7S framework, especially how Diskeeper applies it in practice. It may appear as an outmoded concept in today's environment of "constant change and learning", but the basic principle that Diskeeper got to watch a lot of factors all the time as Diskeeper implement any strategy still applies. Diskeeper can assume management of their value chain as one effective source of Diskeeper success in strategic market business that links to enterprise resource planning and based from below diagram Diskeeper can adjust value chain and analyze them according to the points presented.     The above value chain assumes a distribution channel between Diskeeper manufacturers and its internal departments, Diskeeper manufacturers and its dealers, distributors and retailers network, Diskeeper manufacturer and its materials logistics network. Aside, Diskeeper manufacturer and its raw material provider suppliers network then, Diskeeper manufacturing company and its sales force, also customer support network. Linking customers of the Diskeeper presenting in better software expansion in China.   Diskeeper upon integrating value chain managing the information about product flow from suppliers to end users to reduce defects and inventories, speed time to market and improve Diskeeper customer satisfaction. Diskeeper can use branch automation software to access their data from various locations and can use various softwares for different purpose and use data solution to access data from Diskeeper web server database and use in local Diskeeper software. Now that Diskeeper has begun to focus on the value chain as way to improve their strategic market position, the inevitable result has been the evolution of technology to help Diskeeper effectively accomplish marketing based tasks.   Today, value chain software is making its way into Diskeeper and helping the businesses boost their profitability.  Diskeeper to adopt software to help with every step of the chain through software, like CAD for engineering, and demand planning technology will begin helping Diskeeper business to develop better products that has been effectively meet the needs of loyal buyers. Furthermore, online purchasing, warehouse management systems, as well as enterprise resource planning have helped Diskeeper efficiently get the goods they need, control their inventory, manage Diskeeper manufacturing process so that costs are reduced and production cycles at Diskeeper are faster.  A number of other types of value chain software are available and are being used by manufacturing firms. Customer relationship management, electronic data interchange, financial management systems are effective popular options that have been adopted by Diskeeper as these technologies allow for improved internal and external communication, fewer human errors, superior business performance of the software business and give Diskeeper competitive advantage in the market. However, Diskeeper goes to adopt any value chain software need to realize that picking the right technology is critical for their success. Choosing that software means giving serious consideration to the needs and plans of Diskeeper business, plus analyzing Diskeeper's process to identify where value can actually be added and where significant profit can be produced. Diskeeper can end up spending large sums of money to implement new technologies that may offer some improvements in business performance but which may not generate enough supplemental revenue to cover Diskeeper’s initial expense. Also, Diskeeper which plans to roll out several new value chain software items either simultaneously need to make sure that technology will work together effectively. Incompatible programs will require Diskeeper money and more hassle for the company, its IT staff, its employees for improving software business. The adopting of value chain software is becoming optional in Diskeeper's competitive, strategic driven markets. To have any type of advantage in the software industry, Diskeeper must take the next step and figure out ways to add value to Diskeeper products and services, and Diskeeper signal need for expansion business to do the same in research and development field. In addition, staying competitive is only one of the benefits of adopting value chain software, these programs do produce additional profitability for Diskeeper for instance, and manufacturers have found that manufacturing resource planning software has boosted Diskeeper profits as management systems have allowed Diskeeper to make more money and drive in Diskeeper towards the adoption of value chain software. The success of China software business depends not just on the program but on how well it fits into the Diskeeper's picture. Thus, careful analysis and planning can allow Diskeeper business to make the most of software expansion and to secure strategic market place even those are linked in tight market structures. Review of previous applications of key methods The 7S framework can be used in variety of situations where an alignment perspective is useful like to help Diskeeper: -       Improve their software business operations and performance -       Examine the likely effects of future changes within Diskeeper company. -       Align Diskeeper departments and processes during such merger  and acquisition if present -       Determine how best to implement Diskeeper strategic options McKinsey 7S model can be applied to elements of Diskeeper team as alignment issues apply, regardless of how Diskeeper decide to define the scope of the areas into the research study. The 7S model involves seven interdependent factors which are categorized as Hard element, easier to define or identify and management can directly influence Diskeeper in formal processes and IT systems. Soft element can be more difficult to describe, less tangible and more influenced by software culture and are as important if Diskeeper strategic marketing management will be going to be successful. The model is based on the theory that, for Diskeeper to perform well, elements need to be aligned and mutually reinforcing. So, the model can be used to help identify what needs to be realigned to improve Diskeeper performance, maintain alignment during other types of change. SPACE framework The SPACE framework does exist upon placing shared value that emphasize Diskeeper values central to the development of some other critical elements. Diskeeper's structure, strategy, systems, style, staff and skills all stem from why Diskeeper were being created, what software business stands for. The Diskeeper visions are formed from the values of the creators and Diskeeper value changes along with several models. Diskeeper can use the SPACE framework to help analyze the current situation, proposed future situation and to identify gaps and inconsistencies between Diskeeper ways and  ensure that Diskeeper works effectively from desired strategic marketing endpoint.  The 7S model is good framework to help Diskeeper ask the right questions but won't give Diskeeper every answer needed. For that Diskeeper will need to bring right knowledge, skills and experience. Value Chain analysis Value Chain Analysis involves identifying top level process areas of Diskeeper and mapping Diskeeper as user of effective value chain. The value chain illustrate series of top level processes Diskeeper uses to take input from the strategic market, transform inputs, and then deliver value added products and/or services back to the market within better profit as the process is synergistic in nature, justifying Diskeeper profit margin. The value chain is modeled in terms of primary and support activities. Primary activities feature in the value chain itself. They are the processes responsible for engaging with Diskeeper market and directly transforming inputs into outputs. A primary activity must only contain at least one process that contributes to Diskeeper value chain also have multiple value chains and may arise where Diskeeper serves more than one market. Different strategic markets may be served with fundamentally different processes within the organization. The value chain depicts an end process that executes left to right. Diskeeper marketing sits of value chain because the business must determine what products it is going to offer before doing anything else. Then, the software expansion business is in good position to start selling services and products to customers. Diskeeper value chain give functional model of software industry in China and model the functions Diskeeper performs without consideration for how Diskeeper performed such market stability as illustrated below. As lower level processes change within Diskeeper, so may the roles and responsibilities and by extension Diskeeper structure. This is further evidence of why Diskeeper should model capabilities around business functions rather than organisational structure as it provide considerable stable model. Diskeeper value chain has forced strategic marketing of software industry to consider the business in holistic and process centric way impeding an excellent tool for identifying Diskeeper top level process centric business capabilities that Diskeeper can then use to define business service model.[carolc4]    Any example on how it relates particularly to Chinese market ?   Value chains and business models A systematic approach to identifying architectures for business models can be based on value chain deconstruction and construction that is identifying value chain elements, and identifying possible ways of integrating information along the chain. It also takes into account the possible creation of electronic markets, approach remains useful in order to identify effective business service models.   E-shop This is Web marketing of company or a shop. In first instance this is done to promote the company and its goods or services. Increasingly added is the possibility to order and possibly to pay, often combined with traditional marketing channels. Benefits sought for the company are increased demand, a low-cost route to global presence, and cost-reduction of promotion and sales. Benefits for the customers can be lower prices compared to the traditional offer, wider choice, better information, and convenience of selecting, buying and delivery, including 24-hour availability.   E-procurement This is electronic tendering and procurement of goods and services. Large companies or public authorities implement some form of e-procurement on the Web. Benefits sought are to have a wider choice of suppliers which is expected to lead to lower cost, better quality, improved delivery, reduced cost of procurement. Electronic negotiation and contracting and possibly collaborative work in specification can further enhance time- and cost saving and convenience.   Third-party marketplace This is an emerging model that is suitable in case companies wish to leave the Web marketing to 3rd party, offers at least user interface to the suppliers’ product catalogues. Several additional features like branding, payment, logistics, ordering, and ultimately the full scale of secure transactions are added to 3rd party marketplaces. An example for business-to-consumers is to provide a common marketing around a special one-off event profiled by well-known brand names. ISPs may be interested in this model for business-to-business, using their Web builder expertise. However, it may equally appeal to banks or other value chain service providers. Revenues can be generated on the basis of stored in a retrieval system, or transmitted in any form.   Value-chain service provider and collaboration platform   Specialize on a specific function for the value chain, such as electronic payments or logistics, with the intention to make that into their distinct competitive advantage. Banks for example have been positioning themselves as such since long, but may find new opportunities using networks. New approaches are also emerging in production/stock management where the specialized expertise needed to analyze and fine-tune production is offered by new intermediaries. A fee- or percentage based scheme is the basis for revenues. There provide a set of tools and an information environment for collaboration between enterprises. This can focus on specific functions, such as collaborative design and engineering, or in providing project support with a virtual team of consultants. Business opportunities are in managing the platform   The Boston Consulting Group Strategic Environment Matrix There axis shows the market share relative to the industry leader which is always the leftmost circle. The other axis shows market growth rate for the industry. A circle is drawn for each competitor. The size of each circle represents that Diskeeper's dominance. The expert system will position Diskeeper enterprise on the chart based upon the description of share of market, condition of the market as Diskeeper can trace through the supporting analysis and its conclusions, adjusting Diskeeper input until Diskeeper are satisfied with description accurately characterizes Diskeeper enterprise. The Ansoff Matrix       Ansoff's Matrix in Ghemawat, P. (1999). Strategy and the Business Landscape. Addison Wesley Longman Incorporated   The above matrix shows what product and market strategy will be needed to achieve the strategies of software business adhering to Diskeeper as in order to make Diskeeper products more open and customizable considerable strategic market development will be necessary. Diskeeper’s market strategy which involves effectively developing an operating system for the internet falls under new market and new product and will mean that software will be set of components distributed over the internet that are platform by Diskeeper and if the latter does not adhere to effective market management and strategy then, there may come such considerable software expansion threat. Diskeeper’s ability to position itself in a certain way to achieve competitive advantage it also has certain resources which it should leverage in order to achieve and sustain its competitive advantage. Diskeeper specific resources such as the significant number of knowledge bases built up by Diskeeper of Research and Development is not easily transferable and this would tend to increase the sustainability of their competitive advantage to which the value appropriated by Diskeeper will have right amount of strategic market potential as available in the growing business and that Diskeeper’s effective marketing tools base are ideal. Scope and limitations The scope of research is evident from the key points discussed above and that it presents in several frameworks, analysis and matrix that are ideal upon noting in effective strategic and marketing management for software business expansion, case directed and linked for Diskeeper from within case study approach is duly served and accounted in research. The scope deals to several market environment based tools as noted in the latter headings of this dissertation.  The limitations of the study is deemed at combining secondary research through articles, journals and certain case links pertaining to the software business posits that Diskeeper company holds. Also, limiting to the analysis that integrates strategic markets in value of tool based analysis sanctions such as for example, Value Chain Analysis, 7S framework and others aside, with case finding limitations centering on reliable information that places in ample discussion and assessment of strategic management and marketing in grounding basis of models, frameworks as put into Diskeeper application and research content process along with some studies presented by such proponents.   References Amoribieta, I., Bhaumik, K., Kanakamedala, K. and Parkhe, A.D. (2001) Programmers abroad: a primer on offshore software development. The McKinsey Quarterly, 2, 129–39 China Software Industry Association (2002) Current Status and Trends (China Software Industry Association, Beijing). China Software Industry Association (2000) Annual Report of China Software Industry, Beijing, 2001 ComputerWire (2001) Offshore economies drive market. Computer Finance, 7, 13–16. CSIA (2003). Annual Report of China Software Industry, 2002-200 Beijing: Zhongguo, China Software Industry Association CSIA, (2000). Report on the Chinese Software Industry, China Software Industry Association IDC (2001) China PC Market Analysis and Forecast IDC (2001) China Software Market Overview, 2000-2005 Tschang, T. and Xue, L. (2003). The Chinese Software Industry: A Strategy of Creating Products for the Domestic Market. ADB Institute Working Paper, January 15. Saxenian, A et al., (2002) Local and Global Networks: Immigrant Professionals in Silicon Valley, Public Policy Institute of California. San FranciscoWright, Winter, 2002. China's Changing Software Sector. AMCHAM CHINA 10-2002. 	 	 		 			 [carolc1]One 			of the difficulties in China is the concepts of "standardization" 			which can also mention 	 	 		 			 [carolc2]And 			also, a high degree of FDI that makes the decisions will depend on 			the parent company 			 			And... Government officials still play a very important role in 			procurement process 			 			And bride 			 			Clone, source code stealing are very common in China as well 			 			High localized requirements   	 	 		 			 [carolc3]How 			about Linux? And why Microsoft can penetrate the market so well. it 			should be good point to elaborate 			 			How about the story of A330 assembly in TianJian that can tell why 			Boeing fails in China from year to year but Airbus wins   	 	 		 			 [carolc4]any 			example on how it relates particularly to Chinese market ?

CHAPTER TWO - METHODOLOGY: Strategic and Marketing Management of Software Business Expansion in China

CHAPTER TWO - METHODOLOGY Review of relevant literature Reviewing literatures plays a vital in this research study as it can integrate informative means of understanding strategic and marketin…

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