Month: May 2010

Technology has advanced at a rapid rate during the last twenty years. New technologies have created new ways of living with more technological possibilities than ever before. One possibility was the video game market which has now grown to the stage where people are playing all over the world. The market for video games is continually expanding with many games now reaching similar revenues to that of top Hollywood films. The extent to which these technologies have prepared and disciplined users for the work organisation would appear at first to be very little as it would be assumed just a game. However there could be many similarities which have helped people improve organisational and management skills.

Many video games are another persons reality. The example of the football manager series, can be seen as a direct example of the presence of management and organisation in a video game. This allows users to control, direct and instruct a football team as if it were there job to do so. Football Manager is one of many simulations, others including Rollercoaster Tycoon, Sim City, Medal of Honor, all being real life occupations which many people desire due to the market size for these simulation games. It is common however that these players do not choose to try and follow this career path. The video game is seen as a method of escapism into a world which is totally different to everyday life. This raises the question whether anything learnt from a video game can be applied in a persons ‘real’ job. The possibility in the mind of the person/gamer is two worlds which are separate entities which will not allow transferable skills, one being fantasy and the other a reality.

Discipline in an organisation would require an employee/employer to work hard at carrying out the relevant tasks. These tasks would be usually to built to achieve aims, goals and objectives for the organisation. These goals having been set to reach a mission statement. This situation could be likened to a video game. E.g. Grand Theft Auto, the organisation goals are individual missions, the mission statement being to complete the game to 100%. The employee/employer and the gamer will work/play to achieve these overall goals and if they are reached then benefits will arise out of them. The gamer feels rewarded with a sense of achievement and so does the employee, although monetary gain is also likely in the work organisation. The skills required are focus, determination and belief to succeed towards an overall objective which is an essential skill in an organisation, providing the basis for good management skills. With both these skill needed for games and management it could be possible that video games prepare or highlight people with the necessary skills to focus on goals and objectives. This proving them to be more prepared for management in the workplace.

Everyday management in the workplace requires co-ordination and communication skills. An employer will need to delegate tasks to another employee, allowing large scale operations to be complete successfully. This is also present in video games, especially multi-player shoot-em-ups. With a headset a player can instruct teams and armies to attack/defend or other tactics to try and win the battle. This involves communicating plans effectively, under pressure, skills which are seen valuable in the work environment. However the extent to which these skills are developed when playing games could be questioned. The gamer may have already acquired them elsewhere and gaming is simply putting them into practice, which would not prepare them for the work organisation anymore than they already were.

Video games are a leisure activity which is not associated with work. The discipline of the two are very different as the worker and gamer are in very different situations. The worker could be considered as under ‘real’ pressure to complete work. The gamer however is in a relaxed environment, with little outside pressure to complete the game, even though it may be important to the individual it does not have any affects on colleagues if the game is not complete where as in work organisations it does.

Video game technologies can be recognised as requiring similar skills to that of management in work organisations, but they are very limited. The discipline and preparation to become a successful manager in a work organisation will require a lot more than decent gaming skills. I believe the two activities have no correlation between good gamer and good manager, however this remains to be proved. The video game and work organisation are two completely different situations requiring a different state of mind in each.

Video games can also be cheated on e.g. Wii Cheats and Wii Cheat Codes , this is something that is definitely not possible in management!

Satellite Direct’s software technology connects into more than 3,500 channels worldwide right over the internet. That is, Satellite Direct TV on Internet. You will be able to enjoy more channels than cable and satellite TV combined. With the rate less than how much you are paying for your cable or satellite.

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All you’ll ever need is a computer and an internet connection. You don’t need a satellite dish, receiver or any other equipment to use their software. Just simply download their software and you are ready to enjoy more than 3,500 channels worldwide. You can watch TV right from your laptop or desktop computer anytime or anywhere in the world. Or connect your computer directly to your TV set.

This features over 3,500 channels, all in HD over the internet. There are no subscriptions or monthly fees needed. Or you can even connect your computer directly to your TV. There is no messy hardware installation. All it takes is installing a software program and you are ready to watch satellite tv on your pc. There is absolutely no bandwidth limits. You get 24/7 unlimited access. You will get constantly updated channels without additional charges. And this is now available on Mac.

You will get spectacular channels for: Sports – Baseball Network, ESPN, Game Sports TV, Basketball etc; News – CNN, NBC News, Pentagon Channel, etc; Movies – Action, Suspense, Sci-Fi, etc; TV Shows – Soaps, Talk, Cartoons, Comedies, Medical, etc; Music – 80’s Hits, Alternative Rock, Classic Rock, etc; Business – Business News, Stock Market Update, Financial News, etc; Entertainment – Comedy Shows, Documentaries, etc; and Local – Local News Channel, Local Sports Channel, Local TV Show Channel, etc.

If you decide to sign up now, there is a limited offer of $49.95 one time fee. That is a remarkably $100 discount. If you want to take advantage of this offer, visit their website.

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In the recent years India has emerged as one of the preferred destinations for offshore business outsourcing. Financial services, educational services, legal services, banking services, healthcare services, marketing services and telecommunication services . The factors that have turned India into one of the hotspots for offshore outsourcing are the educated and unemployed masses, enterprising nature of Indians who have excellent spoken English skills and relatively cheap labour.

In June 2005, one BPO was in the eye of the storm when one of its employees sold personal data belonging to a large number of British nationals to an undercover reporter from the British tabloid ‘The Sun’. The incident sparked off a debate among the offshore industry circles, media and the legal world as to how safe foreign data is in Indian hands. The discussions were also veered towards the need for some kind of protection for personal data in India which is absent currently.

Data Protection Issues have time and again raised concern in the authorities about the cyber extortion, privacy, confidentiality, data protection and national security. With the increasing penetration in the online usage of more and more people towards internet, e-banking, e-shopping etc. the concerns of data protection and related issues are growing day by day.

Privacy is closely connected to Data Protection. An individual’s data like his name address, telephone numbers, profession, family, choices, etc. are often available at various places like schools, colleges, banks, directories, surveys and on various web sites.

Passing on such information to interested parties can lead to intrusion in privacy like incessant marketing calls.

It would be a misnomer to say that India does not have ‘data protection’ legislation at all.

This is factually wrong. The fact is that there exists data protection legislation in India.

The subject matter of data protection and privacy has been dealt within the Information

Technology Act, 2000 but not in an exclusive manner.

Data protection is not a subject in any of the three lists in Schedule VII of the

Constitution of India. But Entry 97 of List 1 states: “any other matter not enumerated in

List II and List III …….” Thus only the Indian Parliament is competent to legislate on

data protection since it can be interpreted as any other matter not enumerated in List II

and List III.

Data protection is, thus, a Central subject and only the Central Government is competent

to frame legislations on issues dealing with data protection. In fact, the Information

Technology Act, 2000,and the Indian Copyright Act, 1957 , enacted by the Indian Parliament are the main legislations in this field, which contains provisions on data protection. There is also a proposed Personal Data Protection Bill, 2006, which deals with the protection of personal data.

THE INFORMATION TECHNOLOGY ACT, 2000

The Indian Parliament enacted an Act called the Information Technology Act, 2000. It

received the assent of the President on the 9th June, 2000 and is effective from 17th October, 2000. This Act is based on the Resolution A/RES/51/162 adopted by the General Assembly of the United Nations on 30th January, 1997 regarding the Model Law

on Electronic Commerce earlier adopted by the United Nations Commission on International Trade Law (UNCITRAL) in its twenty-ninth session.

It was a foresight on the part of the Government of India to initiate the entire process of

enacting India’s first ever information technology legislation in the year 1997 itself.

It is significant to note that by enactment of the Information Technology Act, 2000, the

Indian Parliament provided a new legal idiom to data protection and privacy. The main

principles on data protection and privacy enumerated under the Information Technology

Act, 2000 are:

(i) defining ‘data’, ‘computer database’, ‘information’, ‘electronic form’, ‘originator’, ‘addressee’ etc.

(ii) creating civil liability if any person accesses or secures access to computer, computer system or computer network

(iii) creating criminal liability if any person accesses or secures access to computer, computer system or computer network

(iv) declaring any computer, computer system or computer network as a protected system

(v) imposing penalty for breach of confidentiality and privacy

(vi) setting up of hierarchy of regulatory authorities, namely adjudicating officers, the Cyber Regulations Appellate Tribunal etc.

Further, the Information Technology Act, 2000 defines certain key terms with respect to data protection, like access [S.2 (1)(a)], Computer [S.2 (1)(i)], Computer network [S.2 (1)(j), Computer resource [S.2 (1)(k)], Computer system [S.2 (1)(l)], Computer database

[S.43, Explanation (ii)],Data [S.2 (1)(o)], Electronic form [S.2 (1)(r)], Electronic record

[S.2 (1)(t], Information [S.2 (1)(v)], Intermediary [S.2 (1)(w)], Secure system [S.2(1)(ze)] and Security procedure [S.2 (1)(zf)].

Civil liability in case of data, computer database theft, privacy violation etc.

The Act provides a complete Chapter (Chapter IX) on cyber contraventions, i.e., section

43 (a) – (h) which cover a wide range of cyber contraventions related to unauthorised

access to computer, computer system, computer network or resources.

Section 43 of the Act covers instances such as: (a) computer trespass, violation of privacy

etc. (b) unauthorised digital copying, downloading and extraction of data, computer

database or information;. theft of data held or stored in any media, (c) unauthorised

transmission of data or programme residing within a computer, computer system or

computer network (cookies, spyware, GUID or digital profiling are not legally

permissible), (d) data loss, data corruption etc., (e) computer data/database disruption,

spamming etc., (f) denial of service attacks, data theft, fraud, forgery etc., (g)

unauthorised access to computer data/computer databases and (h) instances of data theft

(passwords, login IDs) etc.

Criminal liability in case of data, computer database theft, privacy violation etc.

The Act also provides a complete Chapter (Chapter XI) on cyber offences, i.e., sections

65-74 which cover a wide range of cyber offences, including offences related to unauthorised alteration, deletion, addition, modification, alteration, destruction, duplication or transmission of data, and computer database.

For example, section 65 [Tampering with computer source documents] of the Act is not

limited to protecting computer source code only, but it also safeguards data and computer

databases; and similarly section 66 [Hacking with Computer System] covers cyber offences related to (a) Illegal access, (b) Illegal interception, (c) Data interference, (d)

System interference, (e) Misuse of devices, etc.

Interestingly, section 72 [Penalty for breach of confidentiality and privacy] is aimed at

public (and private) authorities10, which have been granted power under the Act to secure

access to any electronic record, book, register, correspondence, information, document or

other material information. The idea behind the aforesaid section is that the person who has secured access to any such information shall not take unfair advantage of it by disclosing it to the third party without obtaining the consent of the disclosing party.

INDIAN COPYRIGHT ACT, 1957 protects “Databases” as ‘literary works’ under Section 13 (1) (a) of the Act which says that Copyright shall subsists throughout India in original literary, dramatic, musical and artistic works

Copyright Act 1957 – Section 2(6)–Literary work–Compilation of list of clients /customers developed by a person by devoting time, money, labour and skill amounts to a literary work wherein the author has a copyright.

Section 2(o) defines `literary work’ to include (among others) computer programmes, tables and compilations including computer databases.. Under section 14, literary work is one of the items wherein exclusive rights can be claimed so as to amount to copyright. Under Section 17(c) if a work is made in the course of other’s employment under a contract of service or apprenticeship it is the employer who is the first owner of the copyright therein in the absence of any agreement to the contrary.

THE PERSONAL DATA PROTECTION BILL, 2006 : The purpose of this bill is to provide protection of personal data and information of an individual collected for a particular purpose by one organization, and to prevent its usage by other organization for commercial or other purposes and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected with the Act or incidental to the Act.

Section 2 (c) defines “personal data” as information or data which relate to a living individual who can be identified from that information or data whether collected by any Government or any private organization or agency.

The personal data of any person collected for a particular purpose or obtained in connection with any transaction, whether by appropriate Government or by any private organization, shall not be put to processing without the consent of the person concerned. Provided that personal data of any person may be processed for any of the following

purposes:—

(a) the prevention or detection of crime;

(b) the prosecution of offenders; and

(c) the assessment or collection of any tax or duty.

Provided further that no consent of the individual shall be required if the personal data details of the individual are obtained through sources which have been made public.

Provisions contained in this Act are relates to data to be obtained of any person collected by an organization whether government or private, shall not be disclosed to any other organization for the purposes of direct marketing or for any commercial gain and if there is a contravention to this the person shall be entitled to compensation in addition to imprisonment for a term, which may extend to three years or with fine, which may extend upto ten lakh rupees or with both if contravenes or attempts contravene or abets the contravention of any provisions.

If the person committing the contravention is a company, then , every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Data controllers have been proposed to be appointed to look upon the matters relating to violation of the proposed Act

JUDICIAL APPRAISAL

· In the matter of Himalaya Drug Company V/s. Sumit 2006(32) PTC 112 (DEL), the Delhi High Court proceeded ex-parte against the defendant who admitted to pass a Herbal Data Base as that of plaintiff’s and violated the trade dress.
The Delhi High Court not only restrained the defendant by an order of permanent injunction from reproducing, communicating to the public, adopting, using or infringing in any other manner the plaintiff’s Copyright in the Herbal Data Base as well as each Herbal Write-up /Description that comprises the Herbal Data Base, but also awarded punitive damages to the extent of Rs. 8 lacs.

 

· In the recent case of, Daljit Titus, Advocate & Ors. V/s. Alfred A. Adevare & Ors. 2006(32) PTC 609 (DEL), the Delhi High Court protected the works done by the defendant in the plaintiff’s law firm as an employee of the firm for the benefit of clients of the plaintiff under their contract of service.

It observed that the defendants were free to carry on their profession, utilize the skills and information they had mentally retained, but restrained them from using the copied material of the plaintiff in which the plaintiff alone has a right. The defendants were also restrained to utilize the agreements, due diligence reports, list of clients and all such materials which came to their knowledge or have been developed during their relationship with the plaintiff.
The above case raise the issue of well drafted contracts before entering into any kind of relationship with the parties. It envisaged the need of the proper clauses to be drafted as to the dealing of Data, Computer Data Base while in relationship or at the termination of such agreements. Para 6.28 of P.Narayanan on Copyright and Industrial Design – (Third Edition) says that “Whenever an employee of a Solicitor firm drafts a document, the employer is the first owner of the Copyright document”, which means that to protect the Data, computer Data Bases of an organization, one needs to have good drafted contracts with an employee so that no dispute arises after the termination of service of an employee.

 

· In Burlington Home Shopping Pvt. Ltd. Vs. Rajnish Chibber, 1995 IVAD (Delhi) the highcourt of delhi observed that”Trade catalogues are generally compilations, and as such are capable of protection as literary works. On similar principles, a computer database, stored on tape, disk or by other electronic means, would also generally be a compilation and capable of protection as a literary work”

· In the recent case of Dr. Harsh Pathak vs Union of India & Ors. , a PIL filed by a lawyer in the supremecourt regarding unsolicited Phone calls, the apex court passed an interim order restricting cellular companies to make promotional calls.

CONCLUSION

The Information Technology Act, 2000 is not data or privacy protection legislation per

se. It does not lay down any specific data protection or privacy principles. The Information Technology Act, 2000 is a generic legislation, which articulates on range of

themes, like digital signatures, public key infrastructure, e-governance, cyber contraventions, cyber offences and confidentiality and privacy. It suffers from a one Act

syndrome. It would be erroneous to compare the Information Technology Act, 2000 provisions with the European Directive on Data Protection (EC/95/46), OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, 1980, and the Safe Harbor principles of the US.

In fact the Information Technology Act, 2000 deals with the issue of data protection and

privacy in a piecemeal fashion. There is no an actual legal framework in the form of Data

Protection Authority, data quality and proportionality, data transparency etc. which properly addresses and covers data protection issues in accordance with the principles of the EU Directive, OECD Guidelines or Safe Harbor Principles. Accordingly, even if the new proposed amendments to the Information Technology Act, 2000 were adopted, India

would still lack a real legal framework for data protection and privacy.

 

 

An exciting new way to trick out your computer is by changing standard black case with a clear computer case. You can actually look inside your computer. Check out the inner hardware and operates inside your computers on.

It give your computer a stylish new look. If you want to update your computer and keep all the inner parts safe, a clear case is what you want. You will never want to expose your computer to environmental hazards like dust, crumbs, and bugs that can damage the inner working of your computer.

You are still protecting your computer with a clear case but now you can get a science lesson to by seeing how your computer responds to the various operations you put it through on a daily basis. There are a variety of cases you can choose from. You can purchase cases in various colors or “flavors”, as they’re also called. There are so many ways you can personalize your case to make it unique.

But that’s not all!   You can even buy colored fan cases, wiring and hard drives in many different colors that also glow. You can have a computer of various colors that will light up a room. Depending on the manufacturer of these cases the quality can vary. You can purchase the very basic, from the simple acrylic cases or the cases with clear window cutouts.

Clear computer cases are not just for show. They can actually work to keep the inside of your computer cooler. There are manufacturers who market the whole computer package to include hard drives, monitors and CD/DVD drives with clear computer cases.

If you want to purchase just a clear computer case it can cost anywhere from $35.00 to $150.00 depending on all the features that come with it. The usual hardware you get with a clear case includes thumbscrews, clips and front panel bay covers. You will also get extra screws for power supplies, the motherboard, hard drives and CD ROMs.

These pieces also come in matching colors. They also offer special polishes and scratch resistant materials. A clear computer case can be quite a conversation piece because of their uniqueness. A lot of computer owners see how personalizing their case can really make them stand out.

Some use logos of their favorite sports teams or favorite graphics and images to add to the style of their computer. For those who may be worried about scratches and smudges on their clear computer case, polish and scratch removers usually work to keep your case looking shiny and brand new. You can purchase a bottle of scratch remover for about $15.00.

For little cost you can have a brand new personalized computer that will have people talking. Who knows, you might even be able to create a business pimping out other peoples computers.

The age of 2D games has now become past, but there are some developer are always looking for the 2D games to get the innovative look to the games but in the present time most of the developers are always developing the 3D games by looking at the interest of the gamers.

There are many advantages of 3D games over 2D games. It depends on the gamer to select the proper games based on the taste and story combination. Designing of the 3D game is also important one for the 3D gamer.

In 3d games the defense games are most popular because it is easy to play for the new player. Same way the online arcade game is so easy to play by the gamer. The developed of the single games or multiplayer games are also popular amongst the gamers because the defense and sport games need more graphics and artificial intelligence in the game. It is easy for the more than one player to play the 3D games with interest. Sport games puzzle games and action type games are more popular amongst the gamers. Sport games are much popular amongst the users. 3D games give better visualization than the 2D games. It is looks very live than the 2D games. There are different types of game are developed in the 3D games designing platforms for the development.

With the changing web technology in the resent era, the new developer are design the game using the better technology. Presently there are various types of 3D games are available online in different categories like sports games, fighting games and many other games needs proper development so developer are always like to develop the games based on the taste of the gamers. It is one of the most essential parts of the gamer to develop the games that are more interactive and easy to play the games in the computer. You must have to use the proper version of 3D game development to make it user-friendly.