2023 has to be 450 words each reply Reply to the threads posted by | Assignments Online

 has to be 450 words each reply

Reply to the threads posted by 2 classmates who supported a different  balance, or used a different rationale than you did on at least 1 of the  issues under discussion. Identify the points of difference in your  analysis and explain how your application of the relevant law to the  facts of this situation led you to a different conclusion.

Each reply must be supported by 3 scholarly sources other than the  textbook/course materials. Each source must be properly cited in current  APA format.

Review the Assignment Instructions for Discussion  Board Forums, noting especially requirements for word counts, scholarly  sources, and biblical worldview integration.

Submit your replies by 11:59 p.m. (ET) on Sunday.

1st reply

Jasmine D. Davis

 

 

Abstract

This  paper answers three different questions in regards to for-profit  corporations, consumer versus company benefits and viewing these issues  from a biblical aspect. The first question focuses on finding balance  between the need of the business itself as well as the need of the  consumer. The second question focuses on whether the consumer or the  company benefits more from a product. The last question focuses on  questions one and two but with a Christian mindset stating the Christian  way to handle these types of situations.

 

How should a for-profit corporation balance its business needs with the needs of its customers?

It  is important that for-profit corporations balance the needs of the  business against the needs of the customers.  A for-profit corporation  operates with the main objective to make a profit.  The way that these  organizations are able to make money is by catering to the needs and  demands of the consumer.  Without the consumer, a for-profit  organization is unable to generate the profit its needs to sustain  longevity.  There needs to be some type of balance between needs of the  business with needs of the customers in a way that both parties can  benefit.  Scott  and Williams (2012), reviewed a study by Dr. Jeffrey Spahn that focused  on how to balance profits with a purpose.  In this research Scott and  Williams (2012), determined that out of all of the parties that were  involved half of the executives indicated that the purpose of a business  is to maximize shareholder worth, and the other half of the executives  believed that their business purpose was to contribute to the well-being  of society.  “The  most successful companies, both in profitability and longevity, are the  ones who recognize the absolute necessity of profits as well as the  equally high necessity of having a purpose beyond shareholder wealth”  (Scott & Williams, 2012, para. 6).  

Swanepoel  (2017), stated that business owners can understand how to sustain a  healthy balance between the needs and profitability of the company and  the needs of the consumer by creating new and innovative ways to stay  profitable, remaining innovative and by nurturing customer  relationships.  When thinking of managing the balance between the  creators of the company versus the consumer in regards to creation and  management of their intellectual property as well as protecting  intellectual property of the company, it is important to create one of a  kind ideas or products that generate revenue for the shareholders and  provide a need for the consumer.  In doing this, it can help the company  remain profitable and to prevent great ideas from being stolen or used  to profit other companies, the creator must protect their investments  through intellectual property rights.  The creator must revise and  reform their trademarks, patents and other legal rights that protect  their innovations as they begin to develop, grow and become profitable.   Owners can balance their relationships between the company’s  shareholders by continuously creating ideas that are lucrative and  profitable.  This can potentially increase the amount that these  shareholders are investing if they trust that the owners are managing  and bringing in the funds needed.   

Lives  depend on products created by some companies. Do these companies have a  greater responsibility to work to benefit the consumer more than  themselves?

I  personally feel that for a company that creates products that are used  to save lives indeed have a greater responsibility to benefit the  consumer more than themselves because it is the Christian thing to do.   As a company that has a mission to save lives, their focus should be on  saving lives, and not how much of a profit they can generate off of  saving lives.  Giving to others without bias or having an ulterior  motive will be rewarded.  According to Luke 6:38 (English Standard Version), “give,  and you will receive. Your gift will return to you in full—pressed  down, shaken together to make room for more, running over, and poured  into your lap. The amount you give will determine the amount you get  back.”  From a Christian perspective a for-profit company that creates  products that save lives, focusing on improving the quality of life  versus one’s own personal gain can return the same rewards that could  lead to ones on personal success. 

On  the other hand, from a business owner perspective there are non-profit  organizations and for-profit organizations.  As stated before,  for-profit organizations focus on generating profits.  Non-profit  organizations are a type of business organization that are put together  with the main purpose of serving and/or servicing the public, spread  awareness, educate and heal (“Nonprofit Organization”, 2018).  As  a business owner, the needs of patients, practitioners and the society  should matter, but in a for-profit organization the needs of society are  not typically at the forefront of the minds of the owners.  It is  understandable that non-profits organizations can tip the scale in favor  of the needs of the others outside of the organization; but their  purpose is very different than those of for-profit organizations.  

Look at the issue from a Biblical worldview. How would you respond if you were running such a company?

If  I were running a for-profit organization that focused on the needs of  the customers over the needs of the company, or a for-profit  organization that focused on benefitting self over the needs of the  consumer, I would change the culture of the business.  Tipping the scale  in either direction can potentially harm a company.  If the company is  too money hungry then it leaves the consumers feeling neglected or used,  and if the company is worried about the consumer’s needs they could  potentially put themselves in danger of bankruptcy.  As stated before Swanepoel  (2017), mentioned that it is beneficial to have a healthy balance  between business and consumers and one of the ways that this can be  possible is by nurturing customer relationships.  Nurturing customers  can be as simple as valuing their opinions, and maximizing in those  areas where it matters and where customer loyalty can begin.  As the  owner I would make sure that employees and customers alike feel valued,  and making sure that there is a healthy balance between business needs  and consumer needs.  Changing the culture of the business to combine  both ideas of generating revenue and providing a service to society that  is just as important as the shareholder profits is how I would plan to  keep the company balanced and centered.  Philippians 2:4 says that “do not merely look out for your own personal interests, but also for the interests of others” (English Standard Version).

 

References

Nonprofit organization (2018). Retrieved from 

https://www.investopedia.com/terms/n/non-profitorganization.asp

Scott. M. M. & Williams, D. K. (2012). It’s time to balance profits and purpose. Retrieved from 

https://hbr.org/2012/09/its-time-to-balance-profits-an

Swanepoel, S. (2017). 3 tips for balancing the needs of your investors and custmers. Retrieved 

from https://www.business.com/articles/three-tips-for-balancing-needs-of-investors-and-shareholders/

2nd reply

Lauren A Davis

 

Abstract

The  war between Apple and Samsung stem isn’t only in the courtroom but with  its consumers as well. The need for cell phones have increased over the  years, and this in turns causes competitors to offer the same product  but with a different name, and samsung and apple our the top brands. The  competition to wow consumers has been intensely fought between Apple  and Samsung Electronics for years. They claim a duopoly over the premium  part of the smartphone market. The two firms have tussled in courts  around the world over intellectual property, with Apple accusing Samsung  of infringing on its smartphone patents (rivalry, 2017). In 2015, Apple’s long-standing claim that Samsung infringed some of its design patents was upheld by an intermediate appeals court.  But the feud wasn’t over yet: Samsung still appealed the decision it  must pay Apple, and now the design world is eagerly awaiting the final  verdict on the damages Samsung really owes for infringing on three  design patents currently being assessed by the Supreme  Court(Stokel-Walker, 2018). 

Competition  is necessary something apple doesnt want from samsung, apple wants to  remain the top cell phone provider and but strictly enforcing these  patents they can truly damage the cell phone industry. The technology  landscape has shifted significantly since the dispute began. Apple has  expanded its iPhone lineup to include more expensive as well as cheaper  models. It’s also revamped the phone’s interface with new icons, colours  and gestures. Samsung has added new models with curved screens and iris  scanners that Apple has eschewed(Decker, Gurman, Rosenblatt, & Bloomberg, 2018).

Apple  has remained on top of the cell phone provider in industry due to the  recent innovations and their ability to create a nice looking phone.  Setting the tone that they are the brand to bet and menic, samsung has  tried to keep with apple by create phones and features that can prepare  and the match the price point. Running the risk of infringing on  intellectual property not a hundred percent menacing the iphone but they  have found themselves in the courtroom with apple since 2011. In this  matter  things can get very tricky for apple being the leader of the  phone industry its hard for other brands to create something that’s  nothing like the iphone. Understanding the demands of consumers it  becomes difficulty to be truly be innovate. Being that samsung and apple  are consistently in competition this was bound to happen. In my honest  opinion they will continue to remain in court because of the  similarities and constant demands from society.

Though  this is no excuse for samsung to not create their own path, but this  isn’t the first time samsung has been in court for violating another  brands patent. In 2014, Pictos technology sued Samsung in federal court, alleging that it had “willfully infringed” its intellectual property.

Years  of  litigation, the jury ruled in the  favor of Pictos technologies and  awarded substantial damages. Samsung’s behavior was frowned upon the  judge tripled the jury determination of the infringement costs to Pictos  (amelio, 2018). Being that samsung has a history of infringement it  comes as no surprise that  apple continues to protect their brand with  strictly enforcing their patents.The smartphone wars follow a long  American tradition of patent disputes whenever there are dramatic  innovations in an industry, whether it be sewing machines, airplanes,  radios, computers or diapers. Companies use their patents to slow down  the growth of their rivals, for bragging rights or to force competitors  to change their products(Decker, Gurman, Rosenblatt, & Bloomberg,  2018). This helps apple protect their brand identity and helps protect  their work, though by doing this things become extremely complicated and  rivals don’t stand a chance. Apple has a right to protect their   products and everything that comes with it,in our reading it was  discussed that its legally necessary inventions and processes. To the  public it seems that apple claims can be overlooked but if one phone  company gets away with it others may follow suit. But there is a  downside for because there is no winner in this case, because as  technology progresses samsung will continue to maneuver its way around.

Romans 12:2 states “ Do  not conform to the pattern of this world, but be transformed by the  renewing of your mind. Then you will be able to test and approve what  God’s will is—his good, pleasing and perfect will”. This verse needs to  be implemented by samsung as being original and creating phones that  truly represent their brand. Calculating damages stemming from a design  patent by considering the entire product would be unjust enrichment, as  there are many different components and countless manufacturers that go  into one device when considering hardware, software and design. In order  to encourage innovation and prevent unjust enrichment, a multi-factor  approach should be used on a case-by-case basis to ensure the fairest  outcome in a rapidly changing industry(Johns, 2018).

It  is difficult to say that Samsung meant to commit infringement, though  we don’t know if they didn’t sought out to do so. It is hard to continue  to in focus these patents when we live in a technology driven world. It  is the best interest that apple continues to protect its brand, by  strictly enforcing the patents and protecting its brand. This is  necessary for competition purposes and a legal standpoint protecting  one’s creativity. Romans 12:6 “  We have different gifts, according to the grace given to each of us. If  your gift is prophesying, then prophecy in accordance with your faith”.  Apple and samsung are the leading phone companies they both should  understand that they are different but their difference have created  great brand identity for them.  Just as we have god’s protection it is  necessary that we protect the talents that he has given us all that help  us create. Apple is doing the right thing and samsung just have to  adjust and be cognisant of the products they produce because pretty soon  the repeated behavior will affect sales.

Resources

Amelio,  G. (2018, June 18). Samsung Apple Case: Samsung Threatens U.S.  Prosperity By Disregarding Intellectual-Property Rights. Retrieved from  https://www.investors.com/politics/commentary/samsung-apple-intellectual-property-lawsuits-patents/

Decker,  S., Gurman, M., Rosenblatt, J., & Bloomberg. (2018, June 28).  Apple, Samsung settle long-running iPhone patent battle. Retrieved from https://www.livemint.com/Companies/XB93DM8MTQHrclOaKP22FL/Apple-Samsung-settle-longrunning-iPhone-patent-battle.html

Samsung  v. Apple: A Proposal for “Article of Manufacture”. (2018, September  14). Retrieved from  https://www.georgetownlawtechreview.org/samsung-v-apple-a-proposal-for-article-of-manufacture/GLTR-12-2017/

Stokel-Walker,  C. (2018, June 29). Forget Apple vs Samsung, an even bigger patent war  has just begun. Retrieved from  https://www.wired.co.uk/article/apple-samsung-iphone-patents

Rivalry between Apple and Samsung in smartphones will grow fiercer. (2017, September 14). Retrieved from https://www.economist.com/business/2017/09/14/rivalry-between-apple-and-samsung-in-smartphones-will-grow-fiercer

Roman 12:6 New international version

Romans 12:2 New international version