Sunday, January 26, 2020
Interest of Stakeholders and Copyright Law
Interest of Stakeholders and Copyright Law Introduction Copyright law has been developed into major issue when it comes to the interest between the stakeholders as the technologies today are evolving in decent speed. Copying an intellectual property without the authorisation of the owner is an infringement under the law of United Kingdom and European Union. Under European copyright law, art.2 of Directive 2001/29/EC stated that authors, producers and performers will possess the exclusive right for the reproduction of their own works.[1] However, when it comes to private copying, there is an exception under the directive with certain conditions. This could be said as the balance of the interest between the copyright owner and user of the products. A private copy is defined as any copy for non-commercial purposes neither directly or indirectly by a natural person for personal use.[2] The private copy exception is provided in the art.5(2)b of the DIRECTIVE 2001/29/EC, where Member States may provide for exceptions or limitations to the reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, the right holders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned; [3] The would permit someone to format shift (i.e. shift content from one format to another); or space-shift (i.e. move content to different personal devices or media); and back-up copies that they have acquired.[4] As a mechanism for fair compensation, 22 out of 27 European Union members have chosen to meet the requirement through a levy system[5] The fair compensation or the levy system of private copying mainly to compensate the copyright owner for the potential harms to their works due to private copying.[6] In Padawan SL v Sociedad General de Autores y Editores de Espana (SGAE), the court held that held that fair compensation is an autonomous concept of EU law which had to be interpreted uniformly in all the Member States that had introduced a private copying exception: although it is open to the Member States, pursuant to Article 5(2)(b) of Directive 2001/29, to introduce a private copying exception to the authors exclusive reproduction right laid down in European Union law, those Member States which make use of that option must provide for the payment of fair compensation to authors affected by the application of that exception. An interpretation according to which Member States which have introduced an identical exception of that kind, provided for by European Union law and including, as set out in recitals 35 and 38 in the preamble thereto the concept of fair compensation as an essential element, are free to determine the limits in an inconsistent and un-harmonised manner which may vary from one Member State to another, would be incompatible with the objective of that directive[7] The exception had to satisfy a three-step-test provided in art.5 of the Directive (also in Art.9.2 of the Berne Convention, Art.10 of the WIPO Copyright Treaty and Art.13 of the TRIPS Agreement).[8] The exception can only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holder.[9] Legislators of Member States must take into account the criteria provided in the test when implementing the exception to the copyright in national legislation.[10] There are still uncertainties in the scope of this exception. When it comes to the second step of the test, the phrase normal exploitation remain as a broad and unclear concept. [11] To prevent most of the infringement of exploitation, the definition of the phrase need to be interpreted in clear and restrictive approach to limit certain range of exploitation of works. reference is often made to the WTO Panels report, in which the criterion of normal exploitation was deemed to involve consideration of the forms of exploitation that currently generate an income for the author as well as those which will be probably important in the future.[12] , it could impose a status quo and prevent any extension of exceptions to new situations unforeseen by the letter of the text, but which could derive from its spirit. On the other hand, reference to future exploitations runs the risk of paralyzing exceptions every time a technical evolution allows to control previously uncontrollable uses, and thus creates new possibilities for exploitation.[13] As concerns the control by right holders of the uses of their works through technical measures, this could even lead, in the long run, to the disappearance of limitations in the digital environment.[14] , a conflict with the normal exploitation can only occur if the author is deprived of a current or potential market of considerable economic and practical importance.[15] One of the issue regarding this point is that art.5(2)(b) didnt expressly state that whether the private copy exception only refer to copies from lawful sources, or involving the copies from illegal sources. Due to this uncertain area, the exception does not actual provide the copyright holders to authorise or prohibit the users from making a private copy. Nonetheless, the uncertainty could not be leading to the meaning of that the provision could demand the copyright holders to tolerate with the infringement of rights within private copy. This issue occurs in Netherland, where the Government of Netherland stated that the source of copy is irrelevant despite it is unlawful. The reason provided by the Government is that mere downloading is not a form of reproducing or making available. However, the Government held that the damages caused by illegal downloading to the copyright holder will be compensated by blank levies. The Government confirmed that only the act of uploading the unlawful content would be considered as an act of infringement, instead of mere downloading the work. The blank levies provided for illegal downloading could seen as protecting the interest of copyright holders as it would be practically impossible to enforce copyrights within the private copy area.[16] However, the legality of the sources of reproduction is matter to private copy exception. Court of Justice of European Union(CJEU) in the case of ACI Adam BV v Stichting de Thuiskopie [17]mentioned that Member States should not permitting private copy exception for any reproductions from unlawful sources as it could lead to negative impact on the functioning of the internal market[18]. In fact, tolerate to the unlawful distribution of illegal works would only legalize the act of infringement and will not minimising the act of illegal downloading. Thus, the CJEU said, art.5(2)(b) seek to ensure the proper functioning of the internal market and ensuring proper support for the dissemination of cultural works.[19] Why illegal downloading from unlawful sources shall not be legalised? First, legalising the act of illegal downloading would promote piracy, which would reduce the sales of the works from lawful sources and contravene the normal exploitation of works. Allowing illegal downloading would put the copyright holders in a position where they have to unreasonably tolerate the act of infringements, and this is clearly discriminating their legitimate interests.[20] To clearly distinguish copying from unlawful sources from private copy exception, the national legislators could achieve it by implementing a condition into the law that prohibit the acts of reproduction from the source that is obviously unlawful. [21] This approach has been taken by certain Member States to clarify the downloading act from unlawful sources not to be recognised as private copy. The German legislator expressly did in his first implementation act of the Directive (s.53(1) of the law of September 13, 2003, also called the first basket). Spain adopted a similar solution in the law of July 7, 2006, stating in Art.31.2 that the reproduction must be made from a legally accessed source to qualify as private copy. [22] Still today, it remains uncertain whether private copying is a mere defence or is actually enforceable against undue restrictions[23]. In fact, even where private copying is statutorily permitted, right holders may foreclose its exercise by relying upon technological protection measures or through licensing terms. To develop this interesting thesis more in detail, as the perspective adopted is mainly an EU one, it would have been interesting to include a discussion on the history behind the drafting of art.5 of the InfoSoc Directive (this is the relevant provision on copyright exceptions and limitations, including private copying).[24] However, the problem with the three-step test is probably to be found elsewhere: in the Directive of 2001. There, the test seems to be addressed not only to the national legislature but also to national judges.36 This gives it a broader scope than in the international conventions.37 Judges may be required to examine whether the application of a limitation in a specific case respects the conditions of Art.5.5. National courts in Europe have already analysed the application of national limitations to copyright in the light of the three-step test.38 Indeed, it is difficult to dispute judicial reliance on the test where it has been implemented in national law.39 The danger of such an approach is obvious: the private copy is at risk of being challenged by judges. Its scope risks dramatic reduction. The decision of February 28, 2006 of the French Supreme Court delivers an outstanding example.40 In this much commentated decision, the Supreme Court applied for the first time Art.5.5 of the directive in order to overcome the application of an exception in favour of a technical protection measure, arguing abstractly and generally that the private copy of a DVD conflicts with the normal exploitation of the work, without providing a definition of this term at any time.41 To avoid such misuse of the test, some guidelines *E.I.P.R. 128 for the judges of how to interpret the test in a more balanced way should urgently be worked out. The Max Planck Institute for Intellectual Property and the Queen Mary University of London jointly put in place a working group of European scholars that are currently working on this issue.42 Private Copy Exception in United Kingdom Copyright law in the United Kingdom has been evolving in recent years and the changes started to get significant since the Gowers Review of 2006 and the Hargreaves Review of 2011, gathering pace with the Enterprise and Regulatory Reform Act 2013.[25] The report in Hargreaves Review of intellectual property and the digital market in May 2011, recommend that the UK should implement the exception to ensure that the law kept up with digital copyright use.[26] For the first time, the UK legislator had implement the private copy exception into the national law. The exception was introduced by s.28B of the Copyright, Designs and Patents Act(CDPA) of 1988. This section of CDPA was enforced on October 1, 2014.[27] The new act implemented only allow copy from lawful sources for private purpose of individual concerned only. This exception does not include the passing of copy to family and friends which was allowed in the Directive. Such an exception would permit people legally to copy any work that they had access to and it would be easy to obtain copies of works without paying for them.[28] As to the narrower implementation, the Government stated that such implementation would cause no more than minimal or zero harm to the copyright holders. Based on this condition, there were no compensation provided for copyright holders in S.28B CDPA by the UK Government.[29] Problem with S.28B of CDPA The exception provided by the Directive allow the passing of copies to family or friend but the exception implemented in UK legislation prohibited such act. Professor Hargreaves suggested the Government should introduce an exception to allow individuals to make copies for their own use and that of their immediate family on different media. Importantly, Professor Hargreaves thought that the question of compensation was wrapped up in the copyright holders freedom to choose an appropriate price: Rights-holders will be free to pursue whatever compensation the market will provide by taking account of consumers freedom to act in this way and by setting prices accordingly.[30] The biggest issue in the S.28B of CDPA is that the fair compensation as provided by the directive is not implemented into the exception. Based on the directive, fair compensation to the copyright holders only could be exempt if the damage caused would be de minimis or minimal. [31]However, the UK Government commissioned a research study and impact assessment that showed the harm that would likely cause to the copyright holders due to the private copying acts permitted in S.28B of CDPA would be minimal. The main reason is that the exception only applies to rightfully acquired copies which the copyright holders would receive the sufficient remuneration at the sales of the works, which the compensation was already priced in.[32] Quashing of S.28B CDPA The exception introduced by UK Government had been challenged after it had been introduced by British Academy of Songwriters, Composers and Authors, Musicians Union and UK Music 2009 Limited. The parties had applied for judicial review on the newly introduced exception on the basis that it failed to provide fair compensation as in the Directive to the copyright holders which would be unlawful.[33] The main issue leads to the quashing of the Regulation is that whether there is evidence of the harm to the copyright holders which would be minimal to determine that compensation scheme is not required as provided by the Regulation.[34] The judge reviewed the evidence provided in Governments Updated Impact Assessment and stated that evidence to prove the harm is minimal do not meet the satisfactory level.[35] The judge also criticised the IPO Research Report provided as evidence that lack of consumer surveys, price analysis and comparative analysis with other Member States.[36] How the Exception Affect the Interest of Stakeholders When it comes to the interest of the copyright holders, we would straight pinpoint to the fair compensation issue. The reproductions of works are getting easier and wider due to advancement of technology. As downloading from unlawful sources would not be considered as private copying, CJEU in its decision in ACI Adam stated that the levy system would not be applied to illegal downloading from unlawful sources.[37] Such development had great impact on certain countries which dont distinguish between lawful and unlawful sources for private copy exception. [38] However, as large part of copies made online from unlawful sources, the levy system should be implemented to compensate such condition as only compensating copies made from lawful resources would left the copyright holders to bear the losses. Copyright holders had to prosecute the users to get remuneration for copies from unlawful sources. Such approach does not balance the interest of copyright holders if the users continue to access the unlawful sources instead of the legal online services provided.[39] Distinguishing illegal downloading from the exception would make the law serves better, but it taken away the minimum damages to be suffered by the copyright holder as online piracy and illegal downloading would not reduce merely due to removing such act from private copy exception. The decease of compensation for copyright holders would not be a reasonable solution as private copying is increasing. The interest of the copyright holders would be harmed due to such limitation instead of getting protected.[40] Recent Development In Entidad de Gestion de Derechos de los Productores Audiovisuales (EGEDA) v Administracion del Estado, the funding scheme of Spanish for private copy exception was criticised by the ECJ, where the court held that the scheme does not guarantee the cost of such compensation would solely bear by the user who made private copy.[41] In Case C-521/11 Amazon.com (11th July 2013) at paragraph [20], in relation to the person who has to pay, the Court confirmed that à ¢Ã¢â ¬Ã ¦since the provisions of Directive 2001/29 do not expressly address the issue of who is to pay that compensation, the Member States enjoy broad discretion when determining who must discharge that obligation[42] However, the ECJ held that the Copyright Directive shall precludes budgetary scheme such as the scheme established in Spain to work as fair compensation to the copyright holders due to the private copy of their works as such scheme would involve a legal person who did not conduct such reproduction to bear the funding with those who make reproduction of works for private purpose. As the scheme could not guarantee the cost of that fair compensation is ultimately borne solely by the users of who make private copies, it shall not be treated as the fair compensation to the copyright holders even though Member States have the discretion to determine the legal person to bear such obligation.[43] [1] European Competition Law Review 2011 Case Comment Copying levies: moving towards harmonisation? The European Court rules on the concept of fair compensation for rightholders Bill Batchelor Tom Jenkins Matthew Butter [2] International Survey on Private Copying Law Practice 2015 [3] Art. 5(2)b of DIRECTIVE 2001/29/EC [4] Paragraph 91 R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [5] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310183/ipresearch-faircomp-201110.pdf [6] Entertainment Law Review 2009 Finland: copyright Mikko Manner [7] Paragraph 36 Padawan SL v Sociedad General de Autores y Editores de Espana (SGAE) (C-467/08) [8] European Intellectual Property Review 2008 The answer to the machine should not be the machine: safeguarding the private copy exception in the digital environment Christophe Geiger [9] Art. 5(5) of DIRECTIVE 2001/29/EC [10] Refer to no.8 [11]Refer to no.8 [12] THE ROLE OF THE THREE-STEP TEST IN THE ADAPTATION OF COPYRIGHT LAW TO THE INFORMATION SOCIETY Christophe Geiger [13] In this sense also M. Buydens and S. Dusollier, Les exceptions au droit dauteur : à ©volutions dangereuses: Comm. com. à ©lectr. Sept. 2001, p. 13; J. C. Ginsburg (prec. note 20), p. 48, which underlines the risk that the traditionally free uses, such as for training purposes or parody, be considered as normal exploitations, supposing that right holders manage to implement a profitable collecting system. [14] See also in this sense M. Buydens and S. Dusollier (prec. note 30), p. 12. For more developments, see C. Geiger (prec. note 8), nÃâà ° 418 and s. [15] International Review of Intellectual Property and Competition Law 2006 The private copy exception, an area of freedom (temporarily) preserved in the digital environment Christophe Geiger [16] Entertainment Law Review 2008 Case Comment Netherlands: copyright home copying Diederik Stols [17] ACI Adam BV v Stichting de Thuiskopie [18] Entertainment Law Review 2014 Case Comment Private copying levies, illegal online sources and the private use defence: Case C-435/12 ACI Adam BV v Stichting de Thuiskopie1 Kirsten Toft [19] Refer to no.18 [20] International Review of Intellectual Property and Competition Law 2015 Case Comment Private copying and downloading from unlawful sources Joao Pedro Quintais [21] Refer to no.8 [22] Refer to no.8 [23] European Intellectual Property Review 2013 Publication Review Private Copying: The Scope of User Freedom in EU Digital Copyright Stavroula Karapapa Reviewed by Eleonora Rosati* [24] [25] Entertainment Law Review 2015 Case Comment You say you want a revolution: judicial review of the UKs private copying exception James Sead Rebecca Pakenham-Walsh [26] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [27] s.28B of the Copyright, Designs and Patents Act of 1988 [28] Para 71 R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [29] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [30] Paragraph 53 of R. (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills Queens Bench Division (Administrative Court) [31] Recital (35) of Directive 2001/29/EC [32] European Intellectual Property Review 2015 A comparative study on the reproduction by natural persons for private use exception to copyright in the UK and France Myriam Otaola Allende* [33] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying exception to be unlawful because there was no evidence to support the decision not to provide compensation to rights holders Joel Smith Heather Newton* [34] Entertainment Law Review 2015 Case Comment You say you want a revolution: judicial review of the UKs private copying exception James Seadon* Rebecca Pakenham-Walsh [35] European Intellectual Property Review 2015 Case Comment A pause in private copying: judicial review holds the UK private copying e
Friday, January 17, 2020
Written Analysis and Communication: Report on Homesafe Limited
Homesafe Ltd. Written Analysis and Communication Instructor: Dr. Seema Khanvilkar Submitted By: Apurv Jain, D023 Shreyansh Jain, D027 Mohit Sejwal, D055 Vinay Pal, D045 Sahil Bhavnani, D006 Aman Jakhar, D030 Letter of Transmittal To, Dr. Seema Khanvilkar, Business Communication Faculty, SBM, NMIMS ââ¬â Mumbai Date: 4th March 2013 From, Div D, MBA ââ¬â I Subject: Report on Homesafe Ltd. Respected Maââ¬â¢am, With reference to the meeting held on 20th Feb, 13 regarding the recommendation required on Homesafe Ltd. case, I am enclosing the complete report with our recommendations.We recommend that Holmes should help Jackson find a part time job in an external unrelated business. This will be a win-win situation for both the parties. Sincerely, Div D Executive Summary This is report about a challenging situation faced by George Holmes, the founder of Homesafe Ltd. an emerging start-à ? up. Homesafe was doing very well with business prospering and expanding demand. Holmes found himself in a tricky situation when Jackson, the purchase manager of his largest client, Dwasonââ¬â¢s, subtly suggested that he needed an alternate source of income and if Holmes did not help, Homesafe might lose business with Dwasonââ¬â¢s. Holmes as several options like offering Jackson direct help, help him find employment elsewhere or to let go of business with Dwasonââ¬â¢s. We recommended that Holmes leverages his personal network to find Jackson a part time job in an external unrelated business. This will conserve the relationship between Holmes and Jackson and will be in the best interest of both. Report SITUATION ANALYSIS Homesafe Ltd is an emerging start-à ? up in the security space. It was a started as a single product company by an engineer, George Holmes in his personal workshop. Over the year this company has grown significantly and added an advisory services vertical oo. There is significant demand for the companyââ¬â¢s products and the business has been p rofitable in both the years. Things are looking good with business prospering, Homes has had some of his old friends join him in his business which they operate part time. Holmesafe also recently recruited fulltime employees and shifted to new premises. Holmes has invested significantly in networking and has maintained personal relationship with his clients and till a certain extend relies on these relations to push his sales too. Most prominent of these, is his relationship with Jackson, who is a procurement manager at Dwasonââ¬â¢s Ltd, Homesafeââ¬â¢s argest client. During the course of these years Jackson was also offered a job at Homesafe but refused to take it up as there was a conflict of interest. One day, Holmes finds himself in a tricky situation when Jackson calls him and hints at his bleak cash situation and how a little more cash will help him. Jackson also subtly threatens Homes that Dawsonââ¬â¢s might start buying from Browns instead of Homesafe. Although there is enough demand in the market and the security segment is growing Homes still has to think weather he can afford to lose the contract with Dwasonââ¬â¢s. Homes has to evaluate this situation carefully and weigh his ptions of how to deal with Jackson. PROBLEM STATEMENT Should Holmes help Jackson to find him a part time job? OPTIONS 1. Holmes hires Frank Jackson as a part time employee at Homesafe 2. Offer Jackson a part time consultant role in Advisory Services 3. Help Jackson find a part time job in an external unrelated business 4. Not providing Jackson any assistance CRITERIA FOR EVALUATION 1. Holmes Ltd. ââ¬â¢s revenues 2. Holmes Ltd. ââ¬â¢s relationship with Dawsonââ¬â¢s Ltd. 3. Frank Jacksonââ¬â¢s conflict of interest 4. Legal implications EVALUATION OF OPTIONS George Holmes hires Frank Jackson as a part time employee for the position of a buyer IfGeorge Holmes hires Frank Jackson as an employee in his company then they might lose their partnership with the Daws onââ¬â¢s Ltd. since earlier on Thomas, Jacksonââ¬â¢s boss had not approved of Jackson working with a supplier. There would be a significant conflict of interest which might pose a legal problems for both Dwasonââ¬â¢s and jacksonââ¬â¢s too. Since major part of the revenues comes from there, the next yearââ¬â¢s revenues would come down steeply. Their relationship with Dawson limited would also be strained hence we can rule this option out. Offer Jackson a part time consultant role in Advisory Services By choosing this option Holmesafe ould be able to mitigate direct legal implications and also the conflict of interest can be reduced. However this is also not ideal as Jackson still would be associated with Homesafe. From Homesafeââ¬â¢s point of view this arrangement will work because Jackson will get a job and their relationship with Dwasonââ¬â¢s will persist. Help Jackson find a part time job in an external unrelated business In this option there would be minimal conflict of interest and virtually no legal implications. This will be a win-à ? win situation for both as Jackson will find an alternate stream of income and his relationship with Holmes will continue to be ordial. This way Homesafe will be able to continue their sales to Dwasonââ¬â¢s. Not provide assistance for his personal problem at all Choosing this option would result in a priority clash between Holmes & Jackson and thus would prune the revenues of Holmesafe in coming years as Jackson would convince his superiors to end contract with Holmesafe & hire Browns instead. The relationship between Jackson & Holmes would thus end on a bitter note, thus bringing an end to symbiotic relationship. We can rule this option out too. RECOMMENDATION We recommend that Holmes helps Jackson find a part time job in an external unrelated business. This ill benefit everyone involved and will be the most ethical choice too. Holmes helped Jackson in the capacity of a friend. PLAN OF ACTION Holme s should explain Jackson how a Job at Homesafe would be counterproductive for everyone and how he will help find him a job at an external business. Holmes by nature maintains good personal relationships with people around him. He would have significant personal contacts that he can leverage and recommend Jackson to them for a Job. Also he is joined by several of his friends at Homesafe that can also help Jackson find a job. Together they can find Jackson a job in their personal network only.
Thursday, January 9, 2020
Must-Know Vocabulary for French Restaurant Dining
Knowing how to conduct yourself and order food in aà French restaurant can be a little tricky. There are someà important differences between restaurants in France and other countries, including what foods are offered and how they are prepared. Even the way dishes are listed on mostà French menusà is a little different. Knowing the terms to use in most French restaurantsââ¬âand especially learning how to pronounce them correctlyââ¬âis the key to ensuring that your restaurant experience is enjoyable and that you receive the food you want. Understanding what your waiter is asking you or what the menu saysââ¬âfrom Quest-ceà queà jeà vousà sers? (What can I get you?) to serviceà compris (tip included)ââ¬âwill soon have your server and others wishing you:à Bon appà ©tit! (Enjoy your meal!). French Restaurant Terms and Pronunciations The table below contains key French restaurant terms followed by their English translations. Click on the French words and phrases to hear how to pronounce them correctly. French Term English Translation commander to order Vous avez choisi? Have you decided? Que voudriez-vous? Vous dsirez? What would you like? Je vous coute. What would you like? (Literally, Im listening to you.) Que prenez-vous? What are you having? Quest-ce que je vous sers? What can I get you? Je voudrais... Jaimerais... I would like... Je vais prendre... Je prends... Ill have... Combien cote...? How much does ... cost? Cest votre got? Do you like it? Is everything ok? Cest termin? Have you finished? a a t? Was everything ok? Je suis... I am... allergique ... allergic to... diabtique diabetic vgtarien / vgtarienne vegetarian vgtalien / vgtalienne vegan Je ne peux pas manger... I cant eat... bleu, saignant very rare ros rare point medium-rare bien cuit well done le serveur (not garon) waiter la serveuse waitress le/la chef cook le menu fixed-price meal la carte menu la carte side order laddition check/bill le socle base of credit card machine le pourboire tip service compris tip included service non compris tip not included A la vtre! Cheers! Bon apptit Enjoy your meal dfense de fumer no smoking les animaux sont interdits no pets allowed A Typical French Restaurant Dialogue Now that you know the key terms you might need to know to dine in a French restaurant, scan the table below to study a typical dialogue that might occur between a serveurà (server) and à ©tudiantà (student). The first column lists the speaker, the second gives the French dialogue, and the third provides the English translation. Serveur Bonsoir Monsieur/Madame. Good evening sir/maam. tudiant Bonsoir Madame/Monsieur. Je voudrais une table pour trois personnes, pour dner, sil vous plat. Good evening maam/sir. I would like a table for 3, for dinner, please. Serveur Vous avez une reservation? Do you have a reservation? tudiant Non, je nai pas de reservation. No, I dont have a reservation. Serveur Pas de problme. Voici une table pour 3 personnes, et voici la carte. No problem. Here is a table for 3, and here is the menu. tudiant Merci Madame/Monsieur. Sil vous plat. Thank you maam/sir. Excuse me? Serveur Oui Monsieur/Madame ? Yes sir/maam ? tudiant Je voudrais de leau. I would like some water. Serveur Oui Monsieur/Madame. Et pour dner, vous avez choisi ? Yes sir/maam. And for dinner, have you decided? tudiant Je voudrais le menu 15 Euros. I would like the set price menu for 15 Euros. Serveur Oui. En entre ? Yes. For the appetizer? tudiant Je voudrais le pat. I would like the pat. Serveur Et en plat principal. And for your main course? tudiant Je voudrais le steak frites. I would like the steak with French fries. Serveur Bien Monsieur/Madame, quelle cuisson ? OK sir/maam, how would you like it cooked? tudiant Bien cuit, sil vous plat. Non, point, sil vous plat. Well done please. No, medium rare, please. Serveur En dessert? For dessert? tudiant Une glace la vanille. Et, excusez-moi Madame/ Monsieur, o sont les toilettes ? Vanilla ice cream. And, excuse me maam/sir, where is the restroom? Serveur Au sous-sol. In the basement. tudiant Je ne comprends pas. Vous pouvez rpter sil vous plat ? I dont understand. Could you repeat please? Serveur Au sous sol. Vous descendez lescalier. In the basement. Go down the stairs. tudiant Oh, je comprends maintenant. Merci. Ah, now I understand. Thank you. Serveur Comment vous trouvez votre steak frites ? How is your steak? tudiant Cest dlicieux. Cest parfait. Its delicious. Its perfect. tudiant Laddition sil vous plat. May I have the check, please? Serveur Bien Monsieur/Madame. Vous pouvez payer la caisse. OK sir/maam. You can pay at the register.
Wednesday, January 1, 2020
Essay on moralhf Huckleberry Finns Struggles with...
Huckleberry Finns Struggles with Conscience Since Mark Twain published The Adventures of Huckleberry Finn in 1885, critics have considered it an excellent example of a story tracing the journey of a young man from childhood to adulthood. Through the years, readers have enjoyed seeing Huck grow from a young, carefree boy into a responsible young man with a decent sense of right and wrong. The adventures appeal to readers who had to make some of the same tough decisions Huck did in struggles with conscience. When readers first meet Huck, he is living with the Widow Douglas and trying his best to conform to her rules. For example, when he wanted to smoke, She said it was aâ⬠¦show more contentâ⬠¦He decides to run away and teams up with one of the widows runaway slaves named Jim. They decide to travel down the river to seek Jims freedom. Huck faced a moral conflict in this part of the story. His whole life Huck had been told that black people are different and not to help them in any way. On the other hand, inside Huck thought that Jim was no different and felt he needed to help him. He said, People would call me a low-down Abolitionist and despise me for keeping mum--but that dont make no difference (43). Huck is beginning to show signs of maturity in that he is making decisions based on what he feels is right rather than on what other people have told him throughout his life. His conscience is beginning to mature. Two characters claiming to be part of the French monarchy begin to travel with Huck and Jim. They travel from town to town finding ways to con people out of their money. Although Huck tolerates it at first, he begins to realize their acts are unethical. This is an example of how Huck is maturing and realizing right from wrong. He says, I aint opposed to spending money on circuses when there aint no other way, but there aint no use in wasting it on them (143). Huck was angered that the men would take his money and spend it all on drinking. Huck did not realize
Tuesday, December 24, 2019
Wendys - 7606 Words
Wendy Company Report to the Turnaround Committee Prepared By: ABC Consulting, LLC Bryant Perez August 12, 2013 TABLE OF CONTENTS Page Executive Summary Background Competition and the Market Field Reports and Competitive Analysis Problems Recommendations Summary Pro-Forman Income Statement Pro-Forma Balance Sheet Notes to Pro-Forma Statements Appendix A: Competitors amp; Ratios Appendix B: Field Reports Appendix C: Product Analysis Appendix D: Restructuring Timeline Executive Summary Wendyââ¬â¢s is currently the worldââ¬â¢s 2nd largest quick-service hamburger company, operating 1,438 stores and franchising 5,177 store in the U.S. and 27â⬠¦show more contentâ⬠¦and 27 countries In 1970, Dave Thomas opened his second store which featured a state of the art drive-up window. In 1976 Wendyââ¬â¢s went public and opened its 500th store. In 1979, Wendyââ¬â¢s introduced the still popular ââ¬Å"Whereââ¬â¢s the Beefâ⬠advertising campaign. Following Dave Thomasââ¬â¢ vision, Wendyââ¬â¢s commits to ââ¬Ëredefining qualityââ¬â¢. Wendyââ¬â¢s states ââ¬Å"our promise is to only use the freshest ingredients to create the best-tasting food for you. Quality is out promise and our recipe.â⬠To that end, Wendyââ¬â¢s uses ââ¬Ëfresh never frozenââ¬â¢ ingredients and make its food to order. In national taste tests, Wendyââ¬â¢s consistently outranks the competition in terms of quality and taste. Competition and the Market Wendyââ¬â¢s falls into the Quick Service Restaurant (QSR) industry. Their market is primarily driven by the demand from consumers for fast food products and services. This industry strives on high volume, low cost, and speedy service. In this industry it is not uncommon for food to be pre-prepared and re-heated for consumption. The result of this is customers are able to eat a familiar meal at each location, with standard menuââ¬â¢s and marketing across the entire market. Headquartered out of Columbus Ohio, The Wendyââ¬â¢s Company competes worldwide. With the majority of their operations in North America/Latin America, unlike their competitors Wendyââ¬â¢s has yet to venture in toShow MoreRelatedWendys International, Inc.1409 Words à |à 6 PagesBurger King holding shares of approximately 2% each. Even though Wendyââ¬â¢s is number three in the hamburger chain, in 1990 Wendyââ¬â¢s was voted as having the best food in fast food burgers business, the best menu variet y and the most pleasant atmosphere. ANSWERS: Wendyââ¬â¢s is attempting to set themselves apart from their primary competitors of McDonaldââ¬â¢s and Burger King by focusing on the following strategic advantages approaches: 1. Wendyââ¬â¢s website is user friendly and it shows that the company notRead MoreWendys Costing Methods4208 Words à |à 17 PagesUVA-C-2206 WENDYââ¬â¢S CHILI: A COSTING CONUNDRUM What happens to a successful company when it loses its founder, senior chairman, advertising icon, and beloved leader? That was the question being asked about Wendyââ¬â¢s International, Inc., in January 2002 after Dave Thomas, 69, passed away from cancer. In the words of Jack Schuessler, the companyââ¬â¢s chairman and CEO, ââ¬Å"Dave was our patriarch. He was the heart and soul of our company.â⬠Without him, the company would never be the same. However, Dave Read MoreManagerial Accounting -Wendys937 Words à |à 4 PagesPam Powers MBA 516 Case Study: Wendyââ¬â¢s Chili: A costing Conundrum Dave Thomas was a man with a vision. He began his career in Columbus, Ohio in 1969 when he purchased a Kentucky Fried Chicken (KFC) franchise that was unprofitable. Dave turned that franchise into a profitable business and sold it back to KFC at a substantial profit. Dave had also co-founded Arthur Treacherââ¬â¢s Fish amp; Chips and was very familiar with the quick-service industry. However, hamburgers were Daveââ¬â¢s favoriteRead MoreCase Analysis: Profitability of Wendys Chilli.1657 Words à |à 7 PagesDave Thomas, the founder of Wendys restaurant, opened his first restaurant on November 15, 1969 in Columbus, Ohio. Dave was born in Atlantic City, New Jersey on July 2, 1932. He was adopted at six weeks old by Rex and Auleva Thomas. Dave moved from state to state with his father when his mother passed at the age of 5. At the age of 12, Dave obtained his first job at a restaurant in Knoxville. Thus, he began his love for the restaurant business. At the age of 15, Dave drop ped out of high school toRead MoreWendys: Change Over Time Essay examples1780 Words à |à 8 PagesHow and why has Wendyââ¬â¢s changed over time to become the restaurant it is today? Wendyââ¬â¢s is a quick serve, fast food burger chain, and is famous for their square patty, fresh, never frozen hamburgers. They are also well known for their catchy advertising and sloganââ¬â¢s. Wendyââ¬â¢s became the restaurant it is today through rapid expansion, the addition of new menu items, and incorporating creative advertising, all while never losing its identity of producing the freshest products with the freshest ingredientsRead MoreWendy s The Third Largest Fast Food Company1737 Words à |à 7 PagesIntroduction Wendyââ¬â¢s is the third largest fast-food company in the United States. They are one of the most successful and profitable hamburger stores in the world. Through this, the industry is in a quagmire. One company is going to break through and develop a technique in which they will be able to limit the expenses and increase profit margin while adding stores. The company hat is able to develop this first will be able to control the fast-food industry. Wendyââ¬â¢s has the ability to do it by acknowledgingRead MoreFast Foods : Fast Food Restaurants834 Words à |à 4 Pagesof the foods served? When one is choosing to eat at one of these restaurants, they may just simply choose one without evaluating things such as food quality, prices, and service experience. Two of these major food chains are Burger King and Wendyââ¬â¢s with Wendyââ¬â¢s placing third out of the most popular food chains in the world behind MacDonaldââ¬â¢s and Burger King. When passing by one of these places, the first thing consumers notice is the huge sign in front of the restaurant whose main purpose is to attractRead MoreEssay about Organizational Structure- Mgt/2301127 Words à |à 5 PagesMartha Miranda MGT/230 6/20/12 Kelley Parker Abstract The central thesis of this paper examines the organizational structures of McDonalds, Burger King, and Wendyââ¬â¢s food restaurants. It will examine the comparison and contrast of the organizational structure of McDonalds with Burger King, and Wendyââ¬â¢s Corporations. What functions influence McDonalds, and explains how the organizational design helps determine the structure that best suits McDonalds needs, as a business. OrganizationalRead MoreMcdonaldââ¬â¢s Essay2988 Words à |à 12 Pages There is much reluctance of competitors to imitate the successful efforts of another firm in their industry. And the only way to be successful by imitating is to beyond the original one. This idea can be proved by the example of McDonaldââ¬â¢s and Wendyââ¬â¢s. McDonaldââ¬â¢s Corporation is the worldââ¬â¢s largest chain of hamburger fast food restaurants, serving around 68 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated byRead MoreSwot Analysis : Burger King1234 Words à |à 5 Pageswas definitely one of its strongest asset. 2- WEAKNESSES: Wendyââ¬â¢s also offered several unique products such as Frostââ¬â¢s and Spicy Chicken Sandwich, as well as many healthy alternatives like salads, baked potatoes and even chili. 2-WEAKNESSES: There is a one weak point in Wendyââ¬â¢s business plan is that there was the lack of an easily recognizable product comparable to McDonaldââ¬â¢s Big Mac or Burger Kingââ¬â¢s Whopper. 3-OPPURTUNITIES: Wendyââ¬â¢s, early on sought to distinguish itself in a rapidly growing
Monday, December 16, 2019
Chapter 15 Beauxbatons and Durmstrang Free Essays
string(52) " Another voice had awoken in the back of his brain\." Early next morning, Harry woke with a plan fully formed in his mind, as though his sleeping brain had been working on it all night. He got up, dressed in the pale dawn light, left the dormitory without waking Ron, and went back down to the deserted common room. Here he took a piece of parchment from the table upon which his Divination homework still lay and wrote the following letter: Dear Sirius, I reckon I just imagined my scar hurting, I was half asleep when I wrote to you last time. We will write a custom essay sample on Chapter 15 Beauxbatons and Durmstrang or any similar topic only for you Order Now Thereââ¬â¢s no point coming back, everythingââ¬â¢s fine here. Donââ¬â¢t worry about me, my head feels completely normal. Harry He then climbed out of the portrait hole, up through the silent castle (held up only briefly by Peeves, who tried to overturn a large vase on him halfway along the fourth-floor corridor), finally arriving at the Owlery, which was situated at the top of West Tower. The Owlery was a circular stone room, rather cold and drafty, because none of the windows had glass in them. The floor was entirely covered in straw, owl droppings, and the regurgitated skeletons of mice and voles. Hundreds upon hundreds of owls of every breed imaginable were nestled here on perches that rose right up to the top of the tower, nearly all of them asleep, though here and there a round amber eye glared at Harry. He spotted Hedwig nestled between a barn owl and a tawny, and hurried over to her, sliding a little on the dropping-strewn floor. It took him a while to persuade her to wake up and then to look at him, as she kept shuffling around on her perch, showing him her tail. She was evidently still furious about his lack of gratitude the previous night. In the end, it was Harry suggesting she might be too tired, and that perhaps he would ask Ron to borrow Pigwidgeon, that made her stick out her leg and allow him to tie the letter to it. ââ¬Å"Just find him, all right?â⬠Harry said, stroking her back as he carried her on his arm to one of the holes in the wall. ââ¬Å"Before the dementors do.â⬠She nipped his finger, perhaps rather harder than she would ordinarily have done, but hooted softly in a reassuring sort of way all the same. Then she spread her wings and took off into the sunrise. Harry watched her fly out of sight with the familiar feeling of unease back in his stomach. He had been so sure that Siriusââ¬â¢s reply would alleviate his worries rather than increasing them. ââ¬Å"That was a lie, Harry,â⬠said Hermione sharply over breakfast, when he told her and Ron what he had done. ââ¬Å"You didnââ¬â¢t imagine your scar hurting and you know it.â⬠ââ¬Å"So what?â⬠said Harry. ââ¬Å"Heââ¬â¢s not going back to Azkaban because of me.â⬠ââ¬Å"Drop it,â⬠said Ron sharply to Hermione as she opened her mouth to argue some more, and for once, Hermione heeded him, and fell silent. Harry did his best not to worry about Sirius over the next couple of weeks. True, he could not stop himself from looking anxiously around every morning when the post owls arrived, nor, late at night before he went to sleep, prevent himself from seeing horrible visions of Sirius, cornered by dementors down some dark London street, but betweentimes he tried to keep his mind off his godfather. He wished he still had Quidditch to distract him; nothing worked so well on a troubled mind as a good, hard training session. On the other hand, their lessons were becoming more difficult and demanding than ever before, particularly Moodyââ¬â¢s Defense Against the Dark Arts. To their surprise, Professor Moody had announced that he would be putting the Imperius Curse on each of them in turn, to demonstrate its power and to see whether they could resist its effects. ââ¬Å"But ââ¬â but you said itââ¬â¢s illegal, Professor,â⬠said Hermione uncertainly as Moody cleared away the desks with a sweep of his wand, leaving a large clear space in the middle of the room. ââ¬Å"You said ââ¬â to use it against another human was -ââ¬Å" ââ¬Å"Dumbledore wants you taught what it feels like,â⬠said Moody, his magical eye swiveling onto Hermione and fixing her with an eerie, unblinking stare. ââ¬Å"If youââ¬â¢d rather learn the hard way ââ¬â when someoneââ¬â¢s putting it on you so they can control you completely ââ¬â fine by me. Youââ¬â¢re excused. Off you go.â⬠He pointed one gnarled finger toward the door. Hermione went very pink and muttered something about not meaning that she wanted to leave. Harry and Ron grinned at each other. They knew Hermione would rather eat bubotuber pus than miss such an important lesson. Moody began to beckon students forward in turn and put the Imperius Curse upon them. Harry watched as, one by one, his classmates did the most extraordinary things under its influence. Dean Thomas hopped three times around the room, singing the national anthem. Lavender Brown imitated a squirrel. Neville performed a series of quite astonishing gymnastics he would certainly not have been capable of in his normal state. Not one of them seemed to be able to fight off the curse, and each of them recovered only when Moody had removed it. ââ¬Å"Potter,â⬠Moody growled, ââ¬Å"you next.â⬠Harry moved forward into the middle of the classroom, into the space that Moody had cleared of desks. Moody raised his wand, pointed it at Harry, and said, ââ¬Å"Imperio!â⬠It was the most wonderful feeling. Harry felt a floating sensation as every thought and worry in his head was wiped gently away, leaving nothing but a vague, untraceable happiness. He stood there feeling immensely relaxed, only dimly aware of everyone watching him. And then he heard Mad-Eye Moodyââ¬â¢s voice, echoing in some distant chamber of his empty brain: Jump onto the deskâ⬠¦jump onto the deskâ⬠¦ Harry bent his knees obediently, preparing to spring. Jump onto the deskâ⬠¦. Why, though? Another voice had awoken in the back of his brain. You read "Chapter 15 Beauxbatons and Durmstrang" in category "Essay examples" Stupid thing to do, really, said the voice. Jump onto the deskâ⬠¦. No, I donââ¬â¢t think I will, thanks, said the other voice, a little more firmlyâ⬠¦no, I donââ¬â¢t really want toâ⬠¦. Jump! NOW! The next thing Harry felt was considerable pain. He had both jumped and tried to prevent himself from jumping ââ¬â the result was that heââ¬â¢d smashed headlong into the desk knocking it over, and, by the feeling in his legs, fractured both his kneecaps. ââ¬Å"Now, thatââ¬â¢s more like it!â⬠growled Moodyââ¬â¢s voice, and suddenly, Harry felt the empty, echoing feeling in his head disappear. He remembered exactly what was happening, and the pain in his knees seemed to double. ââ¬Å"Look at that, you lotâ⬠¦Potter fought! He fought it, and he damn near beat it! Weââ¬â¢ll try that again, Potter, and the rest of you, pay attention ââ¬â watch his eyes, thatââ¬â¢s where you see it ââ¬â very good, Potter, very good indeed! Theyââ¬â¢ll have trouble controlling you!â⬠ââ¬Å"The way he talks,â⬠Harry muttered as he hobbled out of the Defense Against the Dark Arts class an hour later (Moody had insisted on putting Harry through his paces four times in a row, until Harry could throw off the curse entirely), ââ¬Å"youââ¬â¢d think we were all going to be attacked any second.â⬠ââ¬Å"Yeah, I know,â⬠said Ron, who was skipping on every alternate step. He had had much more difficulty with the curse than Harry, though Moody assured him the effects would wear off by lunchtime. ââ¬Å"Talk about paranoidâ⬠¦Ã¢â¬ Ron glanced nervously over his shoulder to check that Moody was definitely out of earshot and went on. ââ¬Å"No wonder they were glad to get shot of him at the Ministry. Did you hear him telling Seamus what he did to that witch who shouted ââ¬ËBooââ¬â¢ behind him on April Foolsââ¬â¢ Day? And when are we supposed to read up on resisting the Imperius Curse with everything else weââ¬â¢ve got to do?â⬠All the fourth years had noticed a definite increase in the amount of work they were required to do this term. Professor McGonagall explained why, when the class gave a particularly loud groan at the amount of Transfiguration homework she had assigned. ââ¬Å"You are now entering a most important phase of your magical education!â⬠she told them, her eyes glinting dangerously behind her square spectacles. ââ¬Å"Your Ordinary Wizarding Levels are drawing closer -ââ¬Å" ââ¬Å"We donââ¬â¢t take O.W.L.s till fifth year!â⬠said Dean Thomas indignantly. ââ¬Å"Maybe not, Thomas, but believe me, you need all the preparation you can get! Miss Granger remains the only person in this class who has managed to turn a hedgehog into a satisfactory pincushion. I might remind you that your pincushion, Thomas, still curls up in fright if anyone approaches it with a pin!â⬠Hermione, who had turned rather pink again, seemed to be trying not to look too pleased with herself. Harry and Ron were deeply amused when Professor Trelawney told them that they had received top marks for their homework in their next Divination class. She read out large portions of their predictions, commending them for their unflinching acceptance of the horrors in store for them ââ¬â but they were less amused when she asked them to do the same thing for the month after next; both of them were running out of ideas for catastrophes. Meanwhile Professor Binns, the ghost who taught History of Magic, had them writing weekly essays on the goblin rebellions of the eighteenth century. Professor Snape was forcing them to research antidotes. They took this one seriously, as he had hinted that he might be poisoning one of them before Christmas to see if their antidote worked. Professor Flitwick had asked them to read three extra books in preparation for their lesson on Summoning Charms. Even Hagrid was adding to their workload. The Blast-Ended Skrewts were growing at a remarkable pace given that nobody had yet discovered what they ate. Hagrid was delighted, and as part of their ââ¬Å"project,â⬠suggested that they come down to his hut on alternate evenings to observe the skrewts and make notes on their extraordinary behavior. ââ¬Å"I will not,â⬠said Draco Malfoy flatly when Hagrid had proposed this with the air of Father Christmas pulling an extra-large toy out of his sack. ââ¬Å"I see enough of these foul things during lessons, thanks.â⬠Hagridââ¬â¢s smile faded off his face. ââ¬Å"Yehââ¬â¢ll do whaââ¬â¢ yer told,â⬠he growled, ââ¬Å"or Iââ¬â¢ll be takinââ¬â¢ a leaf outta Professor Moodyââ¬â¢s bookâ⬠¦.I hear yeh made a good ferret, Malfoy.â⬠The Gryffindors roared with laughter. Malfoy flushed with anger, but apparently the memory of Moodyââ¬â¢s punishment was still sufficiently painful to stop him from retorting. Harry, Ron, and Hermione returned to the castle at the end of the lesson in high spirits; seeing Hagrid put down Malfoy was particularly satisfying, especially because Malfoy had done his very best to get Hagrid sacked the previous year. When they arrived in the entrance hall, they found themselves unable to proceed owing to the large crowd of students congregated there, all milling around a large sign that had been erected at the foot of the marble staircase. Ron, the tallest of the three, stood on tiptoe to see over the heads in front of them and read the sign aloud to the other two: TRIWIZARD TOURNAMENT THE DELEGATIONS FROM BEAUXBATONS AND DURMSTRANG WILL BE ARRIVING AT 6 Oââ¬â¢CLOCK ON FRIDAY THE 30TH OF OCTOBER. LESSONS WILL END HALF AN HOUR EARLY- ââ¬Å"Brilliant!â⬠said Harry. ââ¬Å"Itââ¬â¢s Potions last thing on Friday! Snape wonââ¬â¢t have time to poison us all!â⬠STUDENTS WILL RETURN THEIR BAGS AND BOOKS TO THEIR DORMITORIES AND ASSEMBLE IN FRONT OF THE CASTLE TO GREET OUR GUESTS BEFORETHE WELCOMING FEAST. ââ¬Å"Only a week away!â⬠said Ernie Macmillan of Hufflepuff, emerging from the crowd, his eyes gleaming. ââ¬Å"I wonder if Cedric knows? Think Iââ¬â¢ll go and tell himâ⬠¦.â⬠ââ¬Å"Cedric?â⬠said Ron blankly as Ernie hurried off. ââ¬Å"Diggory,â⬠said Harry. ââ¬Å"He must be entering the tournament.â⬠ââ¬Å"That idiot, Hogwarts champion?â⬠said Ron as they pushed their way through the chattering crowd toward the staircase. ââ¬Å"Heââ¬â¢s not an idiot. You just donââ¬â¢t like him because he beat Gryffindor at Quidditch,â⬠said Hermione. ââ¬Å"Iââ¬â¢ve heard heââ¬â¢s a really good student ââ¬â and heââ¬â¢s a prefect.â⬠She spoke as though this settled the matter. ââ¬Å"You only like him because heââ¬â¢s handsome,â⬠said Ron scathingly. ââ¬Å"Excuse me, I donââ¬â¢t like people just because theyââ¬â¢re handsome!â⬠said Hermione indignantly. Ron gave a loud false cough, which sounded oddly like ââ¬Å"Lockhart!â⬠The appearance of the sign in the entrance hall had a marked effect upon the inhabitants of the castle. During the following week, there seemed to be only one topic of conversation, no matter where Harry went: the Triwizard Tournament. Rumors were flying from student to student like highly contagious germs: who was going to try for Hogwarts champion, what the tournament would involve, how the students from Beauxbatons and Durmstrang differed from themselves. Harry noticed too that the castle seemed to be undergoing an extra-thorough cleaning. Several grimy portraits had been scrubbed, much to the displeasure of their subjects, who sat huddled in their frames muttering darkly and wincing as they felt their raw pink faces. The suits of armor were suddenly gleaming and moving without squeaking, and Argus Filch, the caretaker, was behaving so ferociously to any students who forgot to wipe their shoes that he terrified a pair of first-year girls into hysterics. Other members of the staff seemed oddly tense too. ââ¬Å"Longbottom, kindly do not reveal that you canââ¬â¢t even perform a simple Switching Spell in front of anyone from Durmstrang!â⬠Professor McGonagall barked at the end of one particularly difficult lesson, during which Neville had accidentally transplanted his own ears onto a cactus. When they went down to breakfast on the morning of the thirtieth of October, they found that the Great Hall had been decorated overnight. Enormous silk banners hung from the walls, each of them representing a Hogwarts House: red with a gold lion for Gryffiindor, blue with a bronze eagle for Ravenclaw, yellow with a black badger for Hufflepuff, and green with a silver serpent for Slytherin. Behind the teachersââ¬â¢ table, the largest banner of all bore the Hogwarts coat of arms: lion, eagle, badger, and snake united around a large letter H. Harry, Ron, and Hermione sat down beside Fred and George at the Gryffindor table. Once again, and most unusually, they were sitting apart from everyone else and conversing in low voices. Ron led the way over to them. ââ¬Å"Itââ¬â¢s a bummer, all right,â⬠George was saying gloomily to Fred. ââ¬Å"But if he wonââ¬â¢t talk to us in person, weââ¬â¢ll have to send him the letter after all. Or weââ¬â¢ll stuff it into his hand. He canââ¬â¢t avoid us forrever.â⬠ââ¬Å"Whoââ¬â¢s avoiding you?â⬠said Ron, sitting down next to them. ââ¬Å"Wish you would,â⬠said Fred, looking irritated at the interruption. ââ¬Å"Whatââ¬â¢s a bummer?â⬠Ron asked George. ââ¬Å"Having a nosy git like you for a brother,â⬠said George. ââ¬Å"You two got any ideas on the Triwizard Tournament yet?â⬠Harry asked. ââ¬Å"Thought any more about trying to enter?â⬠ââ¬Å"I asked McGonagall how the champions are chosen but she wasnââ¬â¢t telling,â⬠said George bitterly. ââ¬Å"She just told me to shut up and get on with transfiguring my raccoon.â⬠ââ¬Å"Wonder what the tasks are going to be?â⬠said Ron thoughtfully. ââ¬Å"You know, I bet we could do them, Harry. Weââ¬â¢ve done dangerous stuff beforeâ⬠¦.â⬠ââ¬Å"Not in front of a panel of judges, you havenââ¬â¢t,â⬠said Fred. ââ¬Å"McGonagall says the champions get awarded points according to how well theyââ¬â¢ve done the tasks.â⬠ââ¬Å"Who are the judges?â⬠Harry asked. ââ¬Å"Well, the Heads of the participating schools are always on the panel,â⬠said Hermione, and everyone looked around at her, rather surprised, ââ¬Å"because all three of them were injured during the Tournament of 1792, when a cockatrice the champions were supposed to be catching went on the rampage.â⬠She noticed them all looking at her and said, with her usual air of impatience that nobody else had read all the books she had, ââ¬Å"Itââ¬â¢s all in Hogwarts, A History. Though, of course, that bookââ¬â¢s not entirely reliable. A Revised History of Hogwarts would be a more accurate title. Or A Highly Biased and Selective History of Hogwarts, Which Glosses Over the Nastier Aspects of the School.â⬠ââ¬Å"What are you on about?â⬠said Ron, though Harry thought he knew what was coming. ââ¬Å"House-elves!â⬠said Hermione, her eyes flashing. ââ¬Å"Not once, in over a thousand pages, does Hogwarts, A History mention that we are all colluding in the oppression of a hundred slaves!â⬠Harry shook his head and applied himself to his scrambled eggs. His and Ronââ¬â¢s lack of enthusiasm had done nothing whatsoever to curb Hermioneââ¬â¢s determination to pursue justice for house-elves. True, both of them had paid two Sickles for a S.P.E.W. badge, but they had only done it to keep her quiet. Their Sickles had been wasted, however; if anything, they seemed to have made Hermione more vociferous. She had been badgering Harry and Ron ever since, first to wear the badges, then to persuade others to do the same, and she had also taken to rattling around the Gryffindor common room every evening, cornering people and shaking the collecting tin under their noses. ââ¬Å"You do realize that your sheets are changed, your fires lit, your classrooms cleaned, and your food cooked by a group of magical creatures who are unpaid and enslaved?â⬠she kept saying fiercely. Some people, like Neville, had paid up just to stop Hermione from glowering at them. A few seemed mildly interested in what she had to say, but were reluctant to take a more active role in campaigning. Many regarded the whole thing as a joke. Ron now rolled his eyes at the ceiling, which was flooding them all in autumn sunlight, and Fred became extremely interested in his bacon (both twins had refused to buy a S.P.E.W. badge). George, however, leaned in toward Hermione. ââ¬Å"Listen, have you ever been down in the kitchens, Hermione?â⬠ââ¬Å"No, of course not,â⬠said Hermione curtly, ââ¬Å"I hardly think students are supposed to -ââ¬Å" ââ¬Å"Well, we have,â⬠said George, indicating Fred, ââ¬Å"loads of times, to nick food. And weââ¬â¢ve met them, and theyââ¬â¢re happy. They think theyââ¬â¢ve got the best job in the world -ââ¬Å" ââ¬Å"Thatââ¬â¢s because theyââ¬â¢re uneducated and brainwashed!â⬠Hermione began hotly, but her next few words were drowned out by the sudden whooshing noise from overhead, which announced the arrival of the post owls. Harry looked up at once, and saw Hedwig soaring toward him. Hermione stopped talking abruptly; she and Ron watched Hedwig anxiously as she fluttered down onto Harryââ¬â¢s shoulder, folded her wings, and held out her leg wearily. Harry pulled off Siriusââ¬â¢s reply and offered Hedwig his bacon rinds, which she ate gratefully. Then, checking that Fred and George were safely immersed in further discussions about the Triwizard Tournament, Harry read out Siriusââ¬â¢s letter in a whisper to Ron and Hermione. Nice try, Harry. Iââ¬â¢m back in the country and well hidden. I want you to keep me posted on everything thatââ¬â¢s going on at Hogwarts. Donââ¬â¢t use Hedwig, keep changing owls, and donââ¬â¢t worry about me, just watch out for yourself Donââ¬â¢t forget what I said about your scar. Sirius ââ¬Å"Why dââ¬â¢you have to keep changing owls?â⬠Ron asked in a low voice. ââ¬Å"Hedwigââ¬â¢ll attract too much attention,â⬠said Hermione at once. ââ¬Å"She stands out. A snowy owl that keeps returning to wherever heââ¬â¢s hidingâ⬠¦I mean, theyââ¬â¢re not native birds, are they?â⬠Harry rolled up the letter and slipped it inside his robes, wondering whether he felt more or less worried than before. He supposed that Sirius managing to get back without being caught was something. He couldnââ¬â¢t deny either that the idea that Sirius was much nearer was reassuring; at least he wouldnââ¬â¢t have to wait so long for a response every time he wrote. ââ¬Å"Thanks, Hedwig,â⬠he said, stroking her. She hooted sleepily, dipped her beak briefly into his goblet of orange juice, then took off again, clearly desperate for a good long sleep in the Owlery. There was a pleasant feeling of anticipation in the air that day. Nobody was very attentive in lessons, being much more interested in the arrival that evening of the people from Beauxbatons and Durmstrang; even Potions was more bearable than usual, as it was half an hour shorter. When the bell rang early, Harry, Ron, and Hermione hurried up to Gryffindor Tower, deposited their bags and books as they had been instructed, pulled on their cloaks, and rushed back downstairs into the entrance hall. The Heads of Houses were ordering their students into lines. ââ¬Å"Weasley, straighten your hat,â⬠Professor McGonagall snapped at Ron. ââ¬Å"Miss Patil, take that ridiculous thing out of your hair.â⬠Parvati scowled and removed a large ornamental butterfly from the end of her plait. ââ¬Å"Follow me, please,â⬠said Professor McGonagall. ââ¬Å"First years in frontâ⬠¦no pushingâ⬠¦.â⬠They filed down the steps and lined up in front of the castle. It was a cold, clear evening; dusk was falling and a pale, transparent-looking moon was already shining over the Forbidden Forest. Harry, standing between Ron and Hermione in the fourth row from the front, saw Dennis Creevey positively shivering with anticipation among the other first years. ââ¬Å"Nearly six,â⬠said Ron, checking his watch and then staring down the drive that led to the front gates. ââ¬Å"How dââ¬â¢you reckon theyââ¬â¢re coming? The train?â⬠ââ¬Å"I doubt it,â⬠said Hermione. ââ¬Å"How, then? Broomsticks?â⬠Harry suggested, looking up at the starry sky. ââ¬Å"I donââ¬â¢t think soâ⬠¦not from that far awayâ⬠¦.â⬠ââ¬Å"A Portkey?â⬠Ron suggested. ââ¬Å"Or they could Apparate ââ¬â maybe youââ¬â¢re allowed to do it under seventeen wherever they come from?â⬠ââ¬Å"You canââ¬â¢t Apparate inside the Hogwarts grounds, how often do I have to tell you?â⬠said Hermione impatiently. They scanned the darkening grounds excitedly, but nothing was moving; everything was still, silent, and quite as usual. Harry was starting to feel cold. He wished theyââ¬â¢d hurry upâ⬠¦.Maybe the foreign students were preparing a dramatic entranceâ⬠¦.He remembered what Mr. Weasley had said back at the campsite before the Quidditch World Cup: ââ¬Å"always the same ââ¬â we canââ¬â¢t resist showing off when we get togetherâ⬠¦.â⬠And then Dumbledore called out from the back row where he stood with the other teachers ââ¬â ââ¬Å"Aha! Unless I am very much mistaken, the delegation from Beauxbatons approaches!â⬠ââ¬Å"Where?â⬠said many students eagerly, all looking in different directions. ââ¬Å"There!â⬠yelled a sixth year, pointing over the forest. Something large, much larger than a broomstick ââ¬â or, indeed, a hundred broomsticks ââ¬â was hurtling across the deep blue sky toward the castle, growing larger all the time. ââ¬Å"Itââ¬â¢s a dragon!â⬠shrieked one of the first years, losing her head completely. ââ¬Å"Donââ¬â¢t be stupidâ⬠¦itââ¬â¢s a flying house!â⬠said Dennis Creevey. Dennisââ¬â¢s guess was closerâ⬠¦.As the gigantic black shape skimmed over the treetops of the Forbidden Forest and the lights shining from the castle windows hit it, they saw a gigantic, powderblue, horse-drawn carriage, the size of a large house, soaring toward them, pulled through the air by a dozen winged horses, all palominos, and each the size of an elephant. The front three rows of students drew backward as the carriage hurtled ever lower, coming in to land at a tremendous speed ââ¬â then, with an almighty crash that made Neville jump backward onto a Slytherin fifth yearââ¬â¢s foot, the horsesââ¬â¢ hooves, larger than dinner plates, hit the ground. A second later, the carriage landed too, bouncing upon its vast wheels, while the golden horses tossed their enormous heads and rolled large, fiery red eyes. Harry just had time to see that the door of the carriage bore a coat of arms (two crossed, golden wands, each emitting three stars) before it opened. A boy in pale blue robes jumped down from the carriage, bent forward, fumbled for a moment with something on the carriage floor, and unfolded a set of golden steps. He sprang back respectfully. Then Harry saw a shining, high-heeled black shoe emerging from the inside of the carriage ââ¬â a shoe the size of a childââ¬â¢s sled ââ¬â followed, almost immediately, by the largest woman he had ever seen in his life. The size of the carriage, and of the horses, was immediately explained. A few people gasped. Harry had only ever seen one person as large as this woman in his life, and that was Hagrid; he doubted whether there was an inch difference in their heights. Yet somehow ââ¬â maybe simply because he was used to Hagrid ââ¬â this woman (now at the foot of the steps, and looking around at the waiting, wide-eyed crowd) seemed even more unnaturally large. As she stepped into the light flooding from the entrance hall, she was revealed to have a handsome, olive-skinned face; large, black, liquid-looking eyes; and a rather beaky nose. Her hair was drawn back in a shining knob at the base of her neck. She was dressed from head to foot in black satin, and many magnificent opals gleamed at her throat and on her thick fingers. Dumbledore started to clap; the students, following his lead, broke into applause too, many of them standing on tiptoe, the better to look at this woman. Her face relaxed into a gracious smile and she walked forward toward Dumbledore, extending a glittering hand. Dumbledore, though tall himself, had barely to bend to kiss it. ââ¬Å"My dear Madame Maxime,â⬠he said. ââ¬Å"Welcome to Hogwarts.â⬠ââ¬Å"Dumbly-dort,â⬠said Madame Maxime in a deep voice. ââ¬Å"I ââ¬Ëope I find you well?â⬠ââ¬Å"In excellent form, I thank you,â⬠said Dumbledore. ââ¬Å"My pupils,â⬠said Madame Maxime, waving one of her enormous hands carelessly behind her. Harry, whose attention had been focused completely upon Madame Maxime, now noticed that about a dozen boys and girls, all, by the look of them, in their late teens, had emerged from the carriage and were now standing behind Madame Maxime. They were shivering, which was unsurprising, given that their robes seemed to be made of fine silk, and none of them were wearing cloaks. A few had wrapped scarves and shawls around their heads. From what Harry could see of them (they were standing in Madame Maximeââ¬â¢s enormous shadow), they were staring up at Hogwarts with apprehensive looks on their faces. ââ¬Å"As Karkaroff arrived yet?â⬠Madame Maxime asked. ââ¬Å"He should be here any moment,â⬠said Dumbledore. ââ¬Å"Would you like to wait here and greet him or would you prefer to step inside and warm up a trifle?â⬠ââ¬Å"Warm up, I think,â⬠said Madame Maxime. ââ¬Å"But ze ââ¬Ëorses -ââ¬Å" ââ¬Å"Our Care of Magical Creatures teacher will be delighted to take care of them,â⬠said Dumbledore, ââ¬Å"the moment he has returned from dealing with a slight situation that has arisen with some of his other ââ¬â er ââ¬â charges.â⬠ââ¬Å"Skrewts,â⬠Ron muttered to Harry, grinning. ââ¬Å"My steeds require ââ¬â er ââ¬â forceful ââ¬Ëandling,â⬠said Madame Maxime, looking as though she doubted whether any Care of Magical Creatures teacher at Hogwarts could be up to the job. ââ¬Å"Zey are very strongâ⬠¦.â⬠ââ¬Å"I assure you that Hagrid will be well up to the job,â⬠said Dumbledore, smiling. ââ¬Å"Very well,â⬠said Madame Maxime, bowing slightly. ââ¬Å"Will you please inform zis ââ¬ËAgrid zat ze ââ¬Ëorses drink only single-malt whiskey?â⬠ââ¬Å"It will be attended to,â⬠said Dumbledore, also bowing. ââ¬Å"Come,â⬠said Madame Maxime imperiously to her students, and the Hogwarts crowd parted to allow her and her students to pass up the stone steps. ââ¬Å"How big dââ¬â¢you reckon Durmstrangââ¬â¢s horses are going to be?â⬠Seamus Finnigan said, leaning around Lavender and Parvati to address Harry and Ron. ââ¬Å"Well, if theyââ¬â¢re any bigger than this lot, even Hagrid wonââ¬â¢t be able to handle them,â⬠said Harry. ââ¬Å"Thatââ¬â¢s if he hasnââ¬â¢t been attacked by his skrewts. Wonder whatââ¬â¢s up with them?â⬠ââ¬Å"Maybe theyââ¬â¢ve escaped,â⬠said Ron hopefully. ââ¬Å"Oh donââ¬â¢t say that,â⬠said Hermione with a shudder. ââ¬Å"Imagine that lot loose on the groundsâ⬠¦.â⬠They stood, shivering slightly now, waiting for the Durmstrang party to arrive. Most people were gazing hopefully up at the sky. For a few minutes, the silence was broken only by Madame Maximeââ¬â¢s huge horses snorting and stamping. But then ââ¬â ââ¬Å"Can you hear something?â⬠said Ron suddenly. Harry listened; a loud and oddly eerie noise was drifting toward them from out of the darkness: a muffled rumbling and sucking sound, as though an immense vacuum cleaner were moving along a riverbedâ⬠¦. ââ¬Å"The lake!â⬠yelled Lee Jordan, pointing down at it. ââ¬Å"Look at the lake!â⬠From their position at the top of the lawns overlooking the grounds, they had a clear view of the smooth black surface of the water ââ¬â except that the surface was suddenly not smooth at all. Some disturbance was taking place deep in the center; great bubbles were forming on the surface, waves were now washing over the muddy banks -and then, out in the very middle of the lake, a whirlpool appeared, as if a giant plug had just been pulled out of the lakeââ¬â¢s floorâ⬠¦. What seemed to be a long, black pole began to rise slowly out of the heart of the whirlpoolâ⬠¦and then Harry saw the riggingâ⬠¦. ââ¬Å"Itââ¬â¢s a mast!â⬠he said to Ron and Hermione. Slowly, magnificently, the ship rose out of the water, gleaming in the moonlight. It had a strangely skeletal look about it, as though it were a resurrected wreck, and the dim, misty lights shimmering at its portholes looked like ghostly eyes. Finally, with a great sloshing noise, the ship emerged entirely, bobbing on the turbulent water, and began to glide toward the bank. A few moments later, they heard the splash of an anchor being thrown down in the shallows, and the thud of a plank being lowered onto the bank. People were disembarking; they could see their silhouettes passing the lights in the shipââ¬â¢s portholes. All of them, Harry noticed, seemed to be built along the lines of Crabbe and Goyleâ⬠¦but then, as they drew nearer, walking up the lawns into the light streaming from the entrance hall, he saw that their bulk was really due to the fact that they were wearing cloaks of some kind of shaggy, matted fur. But the man who was leading them up to the castle was wearing furs of a different sort: sleek and silver, like his hair. ââ¬Å"Dumbledore!â⬠he called heartily as he walked up the slope. ââ¬Å"How are you, my dear fellow, how are you?â⬠ââ¬Å"Blooming, thank you, Professor Karkaroff,â⬠Dumbledore replied. Karkaroff had a fruity, unctuous voice; when he stepped into the light pouring from the front doors of the castle they saw that he was tall and thin like Dumbledore, but his white hair was short, and his goatee (finishing in a small curl) did not entirely hide his rather weak chin. When he reached Dumbledore, he shook hands with both of his own. ââ¬Å"Dear old Hogwarts,â⬠he said, looking up at the castle and smiling; his teeth were rather yellow, and Harry noticed that his smile did not extend to his eyes, which remained cold and shrewd. ââ¬Å"How good it is to be here, how goodâ⬠¦.Viktor, come along, into the warmthâ⬠¦you donââ¬â¢t mind, Dumbledore? Viktor has a slight head coldâ⬠¦Ã¢â¬ Karkaroff beckoned forward one of his students. As the boy passed, Harry caught a glimpse of a prominent curved nose and thick black eyebrows. He didnââ¬â¢t need the punch on the arm Ron gave him, or the hiss in his ear, to recognize that profile. ââ¬Å"Harry ââ¬â itââ¬â¢s Krum!â⬠How to cite Chapter 15 Beauxbatons and Durmstrang, Essay examples
Sunday, December 8, 2019
Body Image (1825 words) Essay Example For Students
Body Image (1825 words) Essay Body ImageThin thighs and protruding hip bones are foremost on the minds of women young and old. Add perfectly flat stomachs, visible rib cages, bony upper arms and very little body fat- and we have an ideal body that look like it hasnt eaten a morsel in over a month. Unfortunately, this is what the majority of the fashion models look like today (Waterhouse,1999). Women of the nineties are confronted with myriad of images, roles, concepts and possibilities. We do everything within our reach to look our best, be our best, do our best in the many facets of our lives. We strive to express ourselves in the most confident, positive and graceful manner possible. However, to the degree that out outer expression differs from out inner feelings and attitudes, we suffer. Like it or not, we live in a society which is very outer oriented, and we are constantly bombarded by perfect images everywhere we look. We see this so-called perfection in magazines, television, and movies. Somehow we are giv en the suggestion that we need to be this perfect if we are to ever gain the happiness we seek. You dont have to go very far to notice that the ideal for womens bodies at present is a thin, fit, healthy, young, white woman. Open a magazine, an advertisement, or walk down the street, the message of what a woman should look like is all around us. The inescapable presence of these images contour our images or our own bodies, primarily as women. Surely the profit mongers have vested interest in all these images and our hunger as a society to appear perfect. They have produced a never-ending supply of cosmetics, surgeries, pills, potions, and clothing to somehow be our perfect solution. Notions of the ideal body are linked with the economy. There are many businesses that rely upon the American desire for thinness to survive. In order to create a market for their product, they attempt to make women feel inadequate about our own bodies. Their product or exercize equipment will get us on the way to the real us, the thinner, better, more popular us. We are given the message that our value depends on our physical appearance. We are told that we must be sexually attractive to be successful and happy. An ideal weight is presented as a requirement for being sexually attractive. ?Its a truism, for instance, that a few clothes are more shocking than none. But for women especially, bras, panties, bathing suits, and other stereotypical gear are visual reminders of a commercial, idealized feminine image that our real and diverse female bodies cant possibly fit. Without those visual references, however, each individual womans body can be accepted on its own terms. We stop being comparatives. We begin to be unique.? (Gloria Steinem). The so-called ideal body weight is said to be seventy and one half inches tall, weighing one-hundred and fourteen pounds, having ten to fifteen percent bodyweight, and wearing clothing sizes four to six. However, the average woman is only sixty-four and a half inches tall, weighs one-hundred and forty pounds, has twenty-two to thirty-two percent body weight, and wears clothing sizes twelve to fourteen. It is false statistics like these that give women the wrong image of what an average-women is supposed to look like. The comparison between the ideal woman and the real woman are quite different. Most models weigh eighteen to twenty-four percent less than the average healthy American woman. While one-third of all-American women wear a size sixteen or larger. Ninety percent of all girls ages three to eleven have a Barbie doll, which is an early role model with a figure that is unattainable in real life. Seventy-five percent of American women are dissatisfied with their appearance. While only two-perfect of females are biologically destined to attain the present so-called ideal woman. The average person sees between four-hundred and six-hundred ads per day: That is forty-million to fifty million by the time she is sixty years old. One of every eleven commercials has a direct message about beauty. (Stice, et al. 1994) In the United States, conservative estimates indicate that, after puberty, five to ten percent of females and one million males are struggling with eating disorders. Up to two thirds of females engage in abnormal eating behaviors during adolescence. In a recent survey, ninety-one percent of college women had tried to control their weight by dieting. Eighty-percent of American women report being dissatisfied with their appearance. Forty-five American women and twenty-five of American men are on a diet on any given day. These are just some statistics to show the obsession of a persons physical beauty, and more than quite often these statistics and belief s lead to an eating disorder. Styrofoam and Clam Shells as Tiles EssayMore and more everyday women are beginning to challenge the equation of beauty and weakness. Shifting to a body perspective in which every woman matters in a public sense takes a major shift in consciousness. We need to break the silent hold on the ?ideal? body-imagine on female self-esteem, relationships, and social and economic opportunities. By doing this we will need to adopt a conception of womanhood that is fueled by physical, emotional, and spiritual diversity. Perhaps if we do this then we can end the discrimination based upon how we look. If we find ways to change the societal forces that make is so difficult to accept ourselves the way we are, then and only then can we lead into a future where every woman can be valued for who she is and not her dress size. BibliographyBibliography1. Dobkin, Rachel and Sippy Shana. Boston Womens Health Book. Simon and Schuster Inc. 1998. 2. D. Waterhouse and Eating Disorders Awareness and Prevention. (1999). 3. England, Paula. Theory On Gender/ Feminism on Theory. Walter de Gruyter, Inc., New York, 1993. 4. Steinem, Gloria. Outrageous Acts and Everyday Rebellions. Henry Holt Co. New York, 1995. (p 176). 5. www.about-face!, (1999 ). 6. www.fatso.com7. www.drsusanstevenson.com. 8. www.fempower.org/SAGE. Social Issues Essays
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