Wednesday, February 27, 2008

Would You...

Blow up your house just to kill a roach?

Friday, February 22, 2008

My First Home....

You know the purchase of my first home was controversial on a number of fronts. There are a lot of misconceptions about the purchase, so I figured it was time to tell my story.

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The most complex purchase decision that I have made to date is the purchase of my first home. So for this exercise, it is only fitting that I trace this complex purchase from inception to today. The reason being is that the process completely changed my life in a multitude of ways. Through the process of this complex purchase, I became a better businessperson, a better man, and developed a larger understanding of personal and business relationships. (This was the first time that I understood that achieving your dreams can make other people feel uncomfortable. I guess it would have helped if I would have purchased a typical starter home. Oops! Yes, I do tend to think and act big!) Purchasing a home was daunting enough without the extra variables that are inevitable when dealing with a purchase of this magnitude. It became infinitely more complex because what started as a decision that I need more space turned into a project that consumed most of my time in 2005, as the opportunity presented itself for me to build my own home.

There were several levels of need recognition that facilitated the first steps in purchasing my first home. The first was obviously a need for additional space. I was living in a one bedroom apartment that did not have central air conditioning or central heat. I had lived there for seven years and had outgrown the apartment in terms of space. So more space became imperative as I felt cramped and very uncomfortable. It was costing me extra money to rent storage space and to keep belongings in other locations. Another level of need recognition was to do something that was solely for myself. I needed to make a decision that was solely based on what I wanted, not what my parents thought, or anyone else for that matter.

The process of the information search started with a letter that I received from a mortgage broker advertising his services. I called him and we had a conversation about the overall process and I got pre-qualified for a specific dollar amount. He referred me to a real estate agent that could guide me through the process and we set up a meeting to discuss my requirements for a home. The real estate agent that I was referred to had 20 years of experience selling real estate. This was essential because as a first time home buyer, I needed guidance to successfully navigate the overall process. So in our initial meeting, I articulated my basic requirements which were additional space and a house that was not a fixer upper. Other requirements were that I wanted room to grow and that I wanted a newer house with more of a modern architecture. Personally, I have a thing for uniqueness as I like to be different from everyone else in my approach to life. I also had a vision of building my own home, but I did not think that it would be feasible because of the time and cost factors associated with building a home.

So we moved to the evaluation of alternatives, where my real estate agent and I started to look at houses. The problem that we encountered during this process was that it was a seller's market. Which meant I did not have a lot of leverage in negotiating the terms that I needed for my purchase. In addition, there was a bidding war for most of these houses that were on the market. My real estate agent was helpful in this case, by leveraging her extensive relationships to establish viable housing alternatives. However, the houses that were acquirable were not kept up and posed additional problems that were hidden in nature. One of the major problems that I faced during this process is that I did not have the money for closing costs. This is where my real estate agent got creative in presenting a solution that would meet everyone's requirements. (Probably, because she wanted the sale, and I was threatening to buy in Atlanta, where I could purchase my home for a significant cost savings.)

Hence, I was presented with the option of partnering with a local builder to build my first home. My real estate agent had a relationship with the builder's real estate agent which made the deal possible. The builder took care of the zoning approvals and the land. In turn, I secured the financing and provided the specifications of what I wanted. This made the purchase decision a virtual no-brainer. The contracts were drawn up and executed on both sides with the earnest deposit being provided by myself. This facilitated the building process which took six months to complete the house. Until closing there was not much in the way of purchase decisions.

There was significant postpurchase behavior decisions that had to be made. The builder offered a one year warranty to fix any defects in the house. So, I worked with the builder for that year to fix defects in the house. Most were natural as the house needed to settle before any of the defects could be fixed. Such defects included nail pops, sewer backup, minor dishwasher issues, etc. Overall, I was satisfied with my purchase, but I understood that there was a lot of work that needed to be done to turn the house into a home.

Did I experience cognitive dissonance? Yes! Assuming that we defining the term as buyer discomfort caused by postpurchase conflict. (There is also the psychological definition which is a psychological state that describes the uncomfortable feeling between what one holds to be true and what one knows to be true.) Personally, I experienced both when making this purchase. Currently, there are houses that I past each day while driving that I think that are architecturally better. I have to remind myself that my house is beautiful and that I need to work diligently in order to make that house my home. In addition, there are drawbacks to the builder that utilized and building in Maryland in general. I had not anticipated purchasing my own washer and dryer after closing was completed. I wanted to finish the basement, but did not have the funds to finish the basement the way that I envisioned. So those were compromises that I had to make in order to move forward. Plus as I the house continues to "settle" I see decisions that I want to make in terms of decorating and future remodeling. That does not include the fact that the house was a daunting purchase, that I was not sure that I could maintain on my own. Psychologically, this is where I experienced that form of cognitive dissonance. Especially, when it came to the terms of my loan and other features of the house. I had a feeling that everyone could do better than what they were doing. But as I hard as I pushed, I could not reconcile the two. So I conceded. Now I am refinancing and preparing to make changes in my house to my house to get it more to my liking. Then again, I figured that I was up for a challenge. The saga continues...

Monday, February 18, 2008

Marketing Treatise for Park Place/Gameofficial.com

The small business that we are going to analyze for this exercise is Park Place Studios. Park Place Studios is a private recording and audio production facility that specializes in Rap, Rhythm and Blues (R&B), Jazz, and Soul music. There have been projects that venture outside of their primary concentration, but the aforementioned genres are their principal focus. Park Place Studios has been in business since 1999, where it was founded in a small apartment in Riverdale, Maryland. The business has recently completed the first phase of its expansion into a larger studio space. It is now located in Upper Marlboro, Maryland in a private facility that exemplifies the comforts of home while recording. The vision of this facility is to provide a comfortable place for artists to be creative to express themselves in order to change the world with their works of art.

Arrangements were made to interview the owner, Samson Dixon, during the month of February. Samson Dixon also serves as the chief engineer, musician, and producer within the Park Place organization. The opportunity was granted to observe the physical environment of the studio on several occasions in order to complete this analysis. On the first occasion, an actual studio session was observed as part of the interview process. Several notes were taken as to the progress of the session and the business that took place. The client for the session was Avail, an up and coming urban clothing company. They were completing a recording with an independent rap artist who is based out of the Washington, D.C. area. This artist was contributing a song as part of the launch of their inaugural clothing line. During the recording session, interactions between Park Place staff and the client were observed carefully. Notes were taken to determine the approach utilized for client relations and overall customer treatment.

There were two other occasions in the physical environment of the studio was observed. These were the occasions in which multiple interviews of the owner Samson Dixon were conducted. During these interviews a complete picture of the organization was provided that included the organization’s history and its success and failures. The physical recording facility is comprised of three rooms: Studio A, Studio B, and a vocal room to record vocals and other instrumental overdubs. Studio A is utilized primarily for all of the recording sessions and Studio B is used for pre-production and for BCDR (Business Continuity and Disaster Recovery) services. The advent of technology in the recording process makes BCDR an important of studio operations. It was pointed out during the interview process that equipment often malfunctions for various reasons. These malfunctions can occur during crucial junctures of recording sessions and workarounds must be figured out instantaneously in order to maintain the continuity of the session. BCDR services are crucial to this operation because if a particular piece of equipment is malfunctioning then it often has to be switched out at a moment’s notice. In addition to the physical recording facility, there is a separate space for the corporate office. The corporate office contains the business records and other pertinent marketing materials (business cards, pamphlets, etc.) required to advance the business of the organization.

Park Place Studios is incorporated as a limited liability company in the state of Maryland. The incorporation serves as the foundation of the organization’s business structure in which other elements are built upon. This includes the organization's internal environment, which is a small but efficient environment in order minimize expenses and maximize profitability. It is composed of two salaried employees, numerous interns that are critical to relieve excess workload requirements, and contractors that provide the critical advertising, marketing, legal, business, and other outside musician and engineering requirements necessary to achieve success and maintain viability. These elements within the organization are organized in a top-down approach to establish a positive corporate culture, which is conducive to proper employee behavior. The management style exhibited is a progressive one, empowering employees to make many of their own decisions within established guidance and direction. Changes in philosophy and/or leadership style are under the control of the owner.

Park Place Studios has expanded to become an organization with a diverse product offering. They currently provide the following distinct services:

1. Recording Studio Services - Use of the studio complete with a highly skilled audio engineer. The base price of the studio rental is $40 per hour. Equipment rentals and musician services are available to the client at an additional cost.

2. Music Production Services – This includes the services of Park Place’s music production team, which is inclusive of music composition and programming. The base price of a Park Place production is $1500 per song. Upon completion of the said tasks, the artist is presented with the finalized music track.

3. Artist Management and Development – Inclusive of comprehensive career planning services, handling of complex contract negotiations. Park Place Studios is responsible for overseeing every aspect of the artist portfolio including voice sessions, training, scheduling and travel for appearances, choreography, music development, artist short tern and strategic financial planning. The cost for these services is presented as two options: 1.) 20 percent is taken from the artists’ earnings or 2.) A consulting fee of $70 per hour for services rendered.

4. Gameofficial.com – This sector of the company is the distribution arm in charge of managing music releases and go-to-market items via online music vendors and traditional retail outlets. Gameofficial.com takes 50 percent of revenues generated and passes the other 50 percent to the artist, making the situation a joint venture.
Park Place Studios differentiates itself from its competitors by providing all services in one physical location, with quality-trained staff at an economical price for both the company and artist clientele. Its competition is defined as any recording studio or urban production company independent or major that provides audio production services. The customer population that Park Place Studios markets its services is the up and coming recording artist who has a vision of establishing a recording career. This population segment is not limited to a particular age demographic. However, there is some market analysis required for Park Place’s services where payment is not an upfront fee, but a percentage of earned revenue. In these situations, it is important for Park Place to conduct a market analysis and a feasibility study to determine whether a particular situation is viable for investment. The reason being is that as a small business, there are time constraints for Park Place resources. These constraints make it imperative for Park Place to be prudent in participating in any artist situations that prevent Park Place Studio from maintaining profitability. Park Place’s prudence allows it to maintain flexibility combined with the required attention to detail that is paramount to positioning itself to meet, beat, and exceed the competition.

The primary marketing strategy utilized to appeal to the desired customer population is strategic ad placements in prominent publications on the street and the Internet. Example websites and publications include the Washington City Paper, Yellow Pages, and Craigslist but are not simply limited to these outlets. These are outlets that allow Park Place Studios to develop a consumer base from scratch without a track record to fall back on. However, the most successful forms of marketing for Park Place Studios has been word of mouth from successful clients and strategic product placement. Successful projects such as the recently released album from L!ssen on a prominent independent record label have made a significant contribution to the consumer base of Park Place Studios. The use of social networking sites such as Myspace.com and Blackplanet.com have been instrumental in providing a repository for prospective clients to preview sample works before establishing a business relationship. Future marketing strategies to be employed are participation in key tastemaker events for our customer population. These events include the Dynamic Producer Conference, NBA All-Star Weekend, The Grammy Awards, and the Winter Music Conference. Participation is critical because it affords Park Place Studios with the opportunity to interact with prospective clients from all parts of the world. These clients have the resources to facilitate recording project on both the independent and major record label level that is crucial for record label growth. Another future marketing strategy is product name branding on Park Place recording productions and at shows which some aspect of Park Place is an active participant. This strategy is critical because marketing is a reinforcement exercise in order to stay on the mind of the customer population. Continual reinforcement is required to maintain a competitive edge over the competition.

Park Place Studios employs the number one rule in customer service, “The customer is always right!” in developing and maintaining good customer relations. As part of the interview process, it was observed that the session was structured for complete catering to the client. This does mean that the engineer was completely subservient, but if there was a case where constructive criticism needed to be levied or boundaries needed to be enforced, then the resolution was performed in a manner where complete respect and session integrity was maintained. It was observed that control of the recording session and expert knowledge is required as part of the customer relations process’ for the client to be comfortable with the overall result of the recording session. Maintaining quality customer relations is critical for Park Place Studios to maintain a competitive edge over the competition that has grown to be vast in today’s marketplace.

During our interview we had an opportunity to discuss the various publics that affect Park Place’s ability to achieve its objectives. It was acknowledged that although financial publics were not involved in the inception of the organization, it would be required to facilitate future growth. The reason being that increased competition has cut into revenues that come from the studio operations. This competition comes the development of technology that has reduced the entry cost of developing a recording studio and establishing recording projects. As a result, artists are feeling empowered to develop their own studios to save money and maximize time and convenience. These challenges have forced Park Place to establish a diverse product offering in order to maintain a consistent stream of revenue. But the diversification comes with a significant cost to Park Place Studios. Which is why the greatest marketing challenge as seen from the owner’s perspective is establishing value in the eyes of the financial publics in order to acquire the necessary funds in order to complete expansion. This involves translating the creative endeavors of Park Place Studios into documented financial statements that can be effectively communicated to the financial institutions in order sustain funding.

In conclusion, the key thing that I learned from my visit to Park Place Studios is that Park Place Studios is an organization that successful, but still has room for tremendous growth. There are strengths and weaknesses were observed in Park Place’s operations that pose a direct challenge to the organization’s growth. How this organization facilitates this growth will ultimately determine whether it elevates itself into an American institution or succumbs under the pressure of immense competition. It should be an interesting journey to watch, observe, and document for the future.

Sunday, February 17, 2008

24 Season 7 Trailer

I'm Focused!

Working on the Marketing Effort for Park Place........Will be back momentarily....

Saturday, February 16, 2008

My Plans for this Blog

I plan on expanding this blog to include music and video. More to come later....

Friday, February 15, 2008

Definition of Insanity

The definition of insanity is doing the same thing over and over and expecting different results.

Wednesday, February 13, 2008

We The Best!

My goal is to be the best. No one will tell me otherwise.

Tuesday, February 12, 2008

So Why Am I Back In School?

So why am I back in school? Well its for two reasons; One, being that I know so much already that I might as well obtain the necessary degrees so that the world will understand that I am educated and two, education is something that is an ongoing process both in and out of the classroom, so if someone or something is willing to invest in my education, I would be wise to take advantage of the opportunity. I can never know too much and research techniques and knowledge always changes and evolves.

Monday, February 11, 2008

This Is What I Live By.............

"Our worst fear is not that we are inadequate, our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, 'Who am I to be brilliant, gorgeous, talented and fabulous?' Actually, who are you not to be? You are a child of God; your playing small doesn't serve the world. There is nothing enlightened about shrinking so that other people won't feel insecure around you. We were born to make manifest the glory of God within us. It is not just in some of us, it is in everyone, and as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others."

Sunday, February 10, 2008

What I Think Of Our Government?

I think the American system government is an excellent system of government that provides opportunities for its citizens to exercise its freedoms and choose between multitudes of opportunities to have a quality life within society. It is a continual work in progress that requires active participation from all of its citizens, not just a privileged few and must be tweaked to protect the rights of all of its citizens, not just a chosen few that either are educated or affluent.

The reason being is that if you look at the framework three areas of our government--the Congress, the Presidency and the Federal Judicial System, you find that within our system of capitalism, the educated and the affluent are poised to take advantage of these opportunities while the poor, uneducated, and disenfranchised get left behind and aren’t aware of what is going on within our government. Power and money are variables that corrupt our political system and disrupt the system of checks and balances that prevent one area of government from having too much power. One example of power corrupting our government is the lack of congressional term limits on our congressmen. Congressmen make careers out of their office, taking advantage of the numerous financial and other perks without remembering the original intent of our Founding Fathers which was to represent the constituents that elected them. The institution of congressional term limits that allow a congressman to be an effective voice for his constituents while reducing the corruption would be an effective first step towards achieving this measure. The Presidency has these limits, but the process to elect this individual has denigrated to the point where it can be manipulated and bought by special interests that have a certain agenda to push which isn’t necessarily conducive to the larger population as a whole. It will be interesting to watch a campaign like Barack Obama’s continue to gain momentum based on the interest of the people themselves who have invested significantly in his campaign based on his message, character, and leadership abilities. The judicial system has been a fair one overall with the exceptions being characterized as guilty until proven innocent as opposed to innocent until proven guilty. The system has proven itself to be racially and politically biased (esp. on a federal level), especially in terms of acquiring quality legal representation and jury selection which is supposed to represent a jury of one’s peers, but hasn’t always proved itself to be the case. And in the case of those are jailed unjustly, there isn’t a system of reparations that compensates for the time that they lost in incarceration.

But change doesn’t happen overnight and a lot of progress has been made in the 231 years since the Declaration of Independence was born in 1776. However to preserve the sanctity of our Union, we must continue to evolve and realize that our Union isn’t perfect and that it takes the participation to make it as close as possible.

Saturday, February 9, 2008

Who Is Malcolm Kareen Freeney (Part II)

So we can pick up with the Malcolm Freeney story so to speak with the end of Chicago and the beginning of Madison, Wisconsin. So I stayed with my Aunt Julia for a year and then my mom and dad adopted me. Madison is where I first got exposed to racism because none of the kids in elementary school liked me at all. They called me names like Milky Way and a few other racial epithets. I used to pick fights as a kid and have my sister come beat up the kids because she could fight. Now my sister isn’t my biological sister, but she is my sister all of the same. People say racism is about people being scared of something that they either are afraid of or don’t understand. And the resulting action becomes about controlling that ‘something.’

Well control would be a central theme throughout my entire life to date. Especially when kids found out how smart I was through class activities such as completing your times tables in math class when I would go faster than anyone else. When I was adopted, even my mother didn’t know what to do with me. I was an emotionally wild, scarred child with multiple traumas that got to the point where if I could get used to the pain, then I can numb myself from it. So the more my mother spanked me for something, the more I got used to it. And to this day, I don’t cry over much. I don’t cry at funerals, rarely cry in pain unless the pain is extreme, and really just keep an even keel about most things. So my mother tried to put me into therapy, but when you don’t want someone to reach you, then you try to outsmart them. This is exactly what I did when I went to these sessions that I actually don’t even remember. If anyone has ever seen the movie “Good Will Hunting” with Matt Damon and Robin Williams, then you would understand when I say that you keep trying out therapists until you find one that can actually reach the subject in question. In that sense I was abandoned by my parents which hurts to this day because they can’t make themselves vulnerable enough to admit it.

However, on the flip side they saved my life because without them, I would be either dead or in jail. They are my mom and dad and I do love them dearly. Sometimes I just can’t be around them for extended periods of time. I just wish that we could admit that in our relationship mistakes were made, and then let’s just move on from there. But vulnerable is something that they don’t function well within our parent-child relationship. It would require ceding control which seems to be a problem for them. It’s one thing to set and establish boundaries; it’s another to impose those to the point where the relationship becomes dysfunctional being about control instead of raising a child to be a functional adult. But I’ve gotten off on a tangent, which I can tend to do from time to time as I am a long winded person both in speech and in writing; an important tangent which will be revisited later in these journal entries. But we need to complete the saga of Madison, Wisconsin, explain how I moved to the DC area in the 5th grade, and extol the virtues of Mom and Dad, and how we got to this point today. We will get to all of that I promise as we journey through the adventure of writing these journal entries. Oh well. The saga continues...

Friday, February 8, 2008

How to Save the Music Industry?

The music industry is the midst of an evolution. Technology has initiated a paradigm shift where sales are not the barometer in which an artist’s impact on the marketplace can be judged. There is a perception amongst the population that the music business is falling apart. When in actuality, the music business is not falling apart, but the sale of compact discs in retail outlets is on verge of extinction. The world is still consuming a voluminous amount of music on a daily basis; in fact more since a significant amount of it is available for free. Music continues to be the soundtrack to the lives of the human race whether its hip-hop, gospel, r&b, rock, jazz, dance, or alternative. So the question becomes how does the music business complete its evolution?

Good Question!

The answer lies in synergy: Combine the current social workflow of the Internet with the current business model of television (and Google).

What is measurable is the number of visits that an artist obtains on their website, MySpace, YouTube, or any other social networking website. A properly developed marketing strategy executed with precision can maximize these visits to create sponsorship and advertising opportunities for strategic partnerships. These strategic partnerships start on the local level with radio, the local clothing and shoe stores, or other specialty stores, and work their way up through the regional and national levels. This process ensures consistent revenue streams that can stabilize the operations of both the artist and the record company. But this process has a critical dependency…Content development and ownership!

What must be understood is that in order to build effective music careers, one must foster the relationship between the artist and their respective fanbase. Hit records are good for MP3 and ringtone sales and those things are important, especially the content that is delivered to the cellular phone. But long-term revenues come from the development of a catalog that can sell for generations. This only comes through artist development and the nurturing of an artist and their relationship with their fanbase. The connection has to be made or else very little holds.

Now a preface is rarely included as part of a business plan, but we felt that it was important to detail the challenges that the music business currently faces and how Gameofficial.com is positioned to answer those challenges. Simply put, “What separates Gameofficial.com from every other record label, production company, and entertainment company in the world?”

Gameofficial.com understands how to develop technology and hit records!

Why is that important? This is important because most entertainment companies only have an understanding of music and have little idea about the technology that drives the music. Conversely, most technology companies can develop, leverage, and implement technology, but do not understand what it takes to develop an artist, make a hit record, and introduce the product to the marketplace! So this positions Gameofficial.com uniquely in the marketplace to fulfill a need to introduce quality music that leverages the music for the benefit of all involved. Technology is continuously evolving, so this window is limited, so the time to act is now. So with that being said…

Welcome to Gameofficial.com and

Welcome To The Future!

Thursday, February 7, 2008

Who is Malcolm Kareen Freeney?

Who is Malcolm Kareen Freeney and what does he stand for?

Well we should start with the obvious stuff such as I am a Black male, age 33 born July 9, 1974 in Chicago, Illinois. I am a fabulous, intelligent, giving, sometimes stubborn, intense, literal, loyal, witty (sometimes sarcastic), passionate Black man. My bad traits are some selfishness, classic avoidance, and at times I have a bad temper but we will talk about those in greater detail later. My biological mother died when I was 4 years old and I have never known my biological father. My biological mother’s name was Eva Mae Freeney. After a brief stint with my Aunt Julia, I was adopted by my aunt and uncle and moved to Madison, Wisconsin. The relationship is that my biological mom and my uncle who adopted me are brother and sister. I hope that isn’t too confusing. How do I describe my first 5 years of my life? In retrospect when I think about it, painful to a degree. My biological mother isolated me from the world, so I didn’t develop the way normal kids would. If my mind wasn’t already at an advanced level, I think I would have been truly lost in the world of life. This is because I wasn’t afforded the opportunity to interact with kids my age, go to preschool or any of those accelerated pre-kindergarten programs. Athletically, I didn’t develop at all. At age 5, I couldn’t run at all and organized sports, forget about it! I spent so much time by myself and within my own mind that even today, I feel most comfortable by myself or with people that I truly feel comfortable around. The only time I came out was when I went to the Jewel supermarket where I would watch the heroin users shoot up. I got into so much mischief as a child that when my biological mother died, I was in the hospital as well for taking pills that I shouldn’t have taken such as Ex-Lax. To this day, I don’t do drugs or drink and for the most part, live relatively cautious. I knew that my biological mom loved me, but sometimes people just have a strange way of showing it. My stint with Aunt Julia was interesting in that people say that I was abused. She had three kids who are my cousins: Billie, Jeff, and Dwayne (we call him Butch) I don’t necessarily remember that even though there was one incident that stands out where my cousin Billie pushed me down a flight of stairs leaving a mark that would remain on my chest for years. But it wasn’t completely unprovoked because my intelligence and sarcasm and piss a person off to the nth degree. One time my aunt was late picking me from elementary school so I started to walk home by myself. They found me eventually, but I think I worried a few people in the process because at 5 years old, I’m not supposed to know the way home by myself. So I think that some of the abuse was warranted though it may have been excessive. My cousin Jeff is still like a brother to me even though our relationship right now is a bit estranged for some reason.

Wednesday, February 6, 2008

Stealing – Is it ever appropriate?

Stealing – Is it ever appropriate? This is the question that we are going to attempt to answer in this discussion. The question is a complex one as several arguments on both sides of the question could be explored from an ethical point of view. There is the natural answer that stealing is never appropriate which is backed up by the Divine Command, Natural Law, Utilitarian, and Social Contract ethical theories. But what happens when a person is faced with extreme circumstances, such as natural disaster, poverty, or hopelessness? Does that make it okay for a person to steal in order to survive? Is it okay for a person to steal as a form of protest?

The Ethical Egoism supports these answers in the affirmative as the theory states that everyone is self-preserving by nature. Therefore, it provides a justification for a person to steal in order to feed their family in times of crisis. We will examine these arguments by first breaking down the issue into the individual components. These individual components will identify the possible agents, acts, patients, and any interesting situations. Then we will utilize these components to establish two ethical theoretical viewpoints for each side and examine the underlying complexities that exist on each side of the argument.

The complexities introduce themselves in the form of racial stereotypes. Minorities have always struggled with equality in the areas of civil and economic rights. They have been typically stereotyped as animals, and therefore not worthy of exception or the proper respect afforded to other races. This was exemplified during the New Orleans disaster, when Kanye West commented on the government response to Hurricane Katrina during the NBC telethon where he stated the following:

“I hate the way they portray us in the media. You see a black family, it says, "They're looting." You see a white family, it says, "They're looking for food." And, you know, it's been five days [waiting for federal help] because most of the people are black. And even for me to complain about it, I would be a hypocrite because I've tried to turn away from the TV because it's too hard to watch. I've even been shopping before even giving a donation, so now I'm calling my business manager right now to see what is the biggest amount I can give, and just to imagine if I was down there, and those are my people down there. So anybody out there that wants to do anything that we can help -- with the way America is set up to help the poor, the black people, the less well-off, as slow as possible. I mean, the Red Cross is doing everything they can. We already realize a lot of people that could help are at war right now, fighting another way -- and they've given them permission to go down and shoot us!... George Bush doesn't care about black people!”

This quote is unprecedented for a number of reasons: 1.) Kanye is commenting on the how the actions of the victims are being perceived based on race, 2.) He is a Black entertainer making a direct criticism of the President of United States, implying that the President has racial bias, which is unheard of, and 3.) He is in a position to assist the victims and he understands that he is not doing enough to solve the problem making him part of the problem as opposed to being part of the solution. Personally, I agree with the statements that Kanye West made during that telecast. My view is that stealing is appropriate when faced with life and death situations such as natural disasters and extreme poverty. Survival becomes the only priority in this case, and that is paramount to not only survive, but bring attention to the situation so that assistance could be provided.

The following table decomposes the issue of stealing into the individual components. These individual components identify the possible agents, acts, patients, and any interesting situations.

(Table not listed)

This is important because the decomposition allows us to perform a comprehensive analysis of the question of stealing by carefully examining each component on both sides of the argument and constructing the appropriate justifications that will support the arguments.

As I stated earlier, my personal view is that stealing is appropriate when faced with life and death situations such as natural disasters and extreme poverty. Survival becomes the only priority in this case, and that is paramount to not only survive, but bring attention to the situation so that assistance could be provided. Ethical egoism is the ethical theoretical viewpoint that can be used to support this argument. This theory explicitly states that, "In other words, it is good for humans to act in their own self-interest in each and every occasion." Under situations of extreme duress, such as Natural disasters (New Orleans disaster), Traumatic situations (Rodney King verdict), or Poverty mentioned in the table, the agents, whether it is a single person or a particular group of individuals, have to commit acts of stealing against the patients in order to survive. Traumatic situations such as the Rodney King verdict and the death of Dr. Martin Luther King, Jr. are a catalyst for such acts because the affected groups of people are traumatized and require a release. Thus, the traumatic situation becomes an impetus for a riot against those who are perceived to inflict the trauma. These riots start with stealing simply for survival, but quickly degenerate into situations of looting and the complete destruction of property. In a weird twist the Prima Facie theory, specifically the Principle of Reparation could be used to support the acts that arise from traumatic situations. The reason being is that prior to the traumatic situation, there are usually symptoms that create unrest in these communities. Whether its lack of quality schools, affordable housing, stable employment, or basic social violations, these communities feel neglected and that their voice is not being heard by their leaders on all levels (local, state, federal, and international). At this point, the traumatic situation represents the point where the community is fed up and the community is seeking both retribution and reparation for the harm that has been caused. The government has continually inflicted harm on these communities through waste, exploitation, mismanagement, and an abject failure to listen to the citizens. So the community inflicts reparations on those who they feel are exploiting them for profit without giving back to the community.

But does that justify stealing as appropriate? These acts are still crimes, with or without proper justification. The Eighth Commandment in the Bible states, "Thou shall not steal...” which establishes the Divine Command theory as the foundational theory to support the argument that stealing is not appropriate. Furthermore, the Natural Law theory states that "there are very general moral principles/laws that are objective truths discoverable in the nature of things." Stealing is understood as a general moral principle that has consequences for the action. If it is a generally understood law that stealing is illegal, and there is a contract within society that states that citizens will obey the generally understood laws of society, then to break that contract is to understand that significant penalties come with these illegal acts. That premise is the basis for the Social Contract theory which states, "...we agree to give up some authority and power to a ruler (or rulers) in exchange for the benefits of living in a peaceful, law-abiding society. We contract (agree) to form a society. Just by living in this society we silently agree to its laws and ethos." So stealing becomes a violation of God's Law, Natural Law, and the Laws of society that govern our people.

There is an emotion that Kanye West conveys in his quote at the onset of this discussion that applies to both arguments. That is one of remorse or use of his moral conscience in analyzing his actions against the backdrop of the New Orleans disaster. Whether the justification of stealing is right or wrong, there is crime committed against your soul that will always have to be atoned for. It may not be right away, but at some point those actions come back to affect one's conscience. Aristotle's theory states that, "The goal of morality is to develop a soul whose rational and non-rational parts act as one." This synthesis occurs at different stages of a human's life and development. But when it occurs, regret sets in, upon reflection upon the act that has been committed. This is important in the development of the next aspect of Aristotle's theory which outlines that, "Virtue ethics emphasizes that it is not actions that are right or wrong, moral or immoral. It is the human being that is moral or immoral. Becoming a good person involves developing a certain moral wisdom throughout a lifetime." This allows for healing, whether it is in a correctional facility, through God, or the reparation for wrongdoing. The act of stealing for one's survival would still be appropriate, because it is an extenuating circumstance, but there still is a price to be paid, which society cannot define.

So in conclusion, we have successfully examined both sides of the question, "Stealing – Is it ever appropriate?” We have established an argument through careful examination that stealing is appropriate under situations of extreme duress. It does not excuse the moral price that has to be paid for the pain that is inflicted on others because it is still a violation of law. But under situations of extreme duress, survival is the primary instinct, with the consequences being a secondary factor in the equation. So under that specific condition, stealing is an appropriate act, regardless of the consequence.

Tuesday, February 5, 2008

Competition Policy In The European Union

You know what....y'all want to know my thoughts..........well here they are.....one of the nerdier ones....

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The evolution of Competition Policy in the European Union (EU) is a direct result of a basic requirement to create a European single market. This basic requirement came as a result of the impact of 19th century Industrialization. The impact resulted in the need for greater productivity in less time, with increased efficiency to sustain economic growth. The marriage of invention with new technology created a new standard of living in a society that would come to expect for this standard of living to be maintained at all costs. European businesses, whether privately-owned or state-owned, were experiencing unprecedented growth with diversified revenue streams. As competition increased, European businesses were willing to adopt a “By Any Means Necessary” approach to sustain economic growth. An effective Competition Policy would need to be developed to prevent businesses from getting out of control in their zeal for sustained economic growth.

Competition Policy is “the application of established rules to make sure that companies compete with each other and, in order to sell their products, innovate and offer good prices to consumers.” The formal study of ‘competition’ dates back to the Enlightenment and the work of Adam Smith. The work that he is most known for, “An Inquiry into the Nature and Causes of the Wealth of Nations” is the prominent dissertation on the political economy at the onset of the Industrial Revolution, and is generally considered to be the first contemporary work in the field of economics. The work is also the first all-inclusive justification of free market policies.

“When the quantity of any commodity which is brought to market falls short of the effectual demand, all those who are willing to pay the whole value of the rent, wages, and profit, which must be paid in order to bring it thither, cannot be supplied with the quantity which they want. Rather than want it altogether, some of them will be willing to give more. A competition will immediately begin among them, and the market price will rise more or less above the natural price, according as either the greatness of the deficiency, or the wealth and wanton luxury of the competitors, happen to animate more or less the eagerness of the competition.”

This primary source quote outlines a portion of Smith’s “invisible hand” theory that deals specifically with competition. The “invisible hand” theory states that if each consumer is permitted to decide without restraint exactly what to purchase, and each manufacturer is permitted to decide freely what to retail and how to manufacture it, the market will reconcile on a product distribution, and the cost that is beneficial to the all individual members of a society, and hence to the society as a whole. In the quote, Smith refers to the concept of competition as the means to reconcile the market price of a product that falls short of the demand. Smith’s ideas would provide the economic foundation of the common market. This foundation is important because the Single market is defined as a refined incarnation of the common market that provides for additional emphasis on removing the impediments that inhibit the member states such as the tangible (i.e., “borders”), procedural (i.e., “standards”) and financial (specifically, taxes). The definition of the Single market falls right in line with the primary objective of the European Union to foster cooperation amongst its member states by developing a common system of law and making member states’ economies completely interdependent.

The formation of the EU began as a calling for unity following World War II. There was a conference in 1948 at The Hague that provided a forum for the discussion of unification. There was still lingering division, but The Council of Europe was formed as a compromise to those in attendance. The Council still exists today as a means to defend human rights and to arbitrate any complaints against its member states, but falls short in establishing “stronger transnational institutions” that are vital to ensure proper European integration amongst its member states. Two French leaders would solve this problem by creating an institution had the same vision of an integrated Europe, but started with modest beginnings that would evolve from that point.

The EU that we know today started as the French-German Coal and Steel Authority in 1950. It would evolve into the European Coal and Steel Community (ECSC) in 1951 (documented by the ECSC Treaty) inspired by the inclusion of Italy, Belgium, Luxemburg, and the Netherlands. This would be the creation of the first common market in Europe as it was charged with coordinating the production and distribution of coal and steel. In 1957, the Treaty of Rome would bring about additional evolution and the ECSC would go on to create EURATOM to develop atomic energy and the European Economic Community (EEC) (also known as "the Common Market") to work towards abolishing tariffs between one another. The European Community (EC) formed in 1967, combining the EEC’s three organizations into one single entity. The abolition of internal tariff barriers would finally be achieved in 1968. The EC would gain considerable traction with the addition of Britain, Ireland, and Denmark. The Single European Act was signed in 1986 to launch a Single European Market by 1992, by removing the barriers to free movement of capital, labor, goods and services.

The foundation of EU competition policy draws from Article 3(f) of the EEC Treaty. This Article sought to guarantee that ‘competition in the Common Market is not distorted.’ The EEC Treaty outlined that this Article would be implemented through ‘rules on competition’, which outlined the EU’s authority to control cartels, monopolies, and oversight of state-aid. They have been expanded to include mergers between corporations and to detail provisions that deal with specific exceptions that have not been previously addressed. But the foundation largely remains intact from the ratification of the EEC Treaty in 1951 to today.

Throughout the evolution of EU competition policy, there are several landmark cases that have upheld the policy’s foundation with the EEC Treaty. These landmark cases cover the four major areas of competition policy: Cartels, Monopolies, Mergers, and State-Aid. The cases have validated European Union competition policy, developed a healthy respect from world leaders for its enforcement measures, and in some cases, provided impetus to make revisions to competition policy.

There is historical significance to beginning our discussion of landmark cases with the Vitamin Cartel breakup of Hoffman-La Roche. Cartels were the first entities to develop out of the Second Industrial Revolution as companies throughout Europe bonded together out of necessity to stay in business. At that time, factories were not receiving enough business to survive, let alone maintain economic growth. These firms would bond together to “monopolize” entire divisions of industry, by colluding to negotiate higher prices for their services and fixing higher prices in the marketplace.

The Vitamin Cartel breakup started when Stanley Adams, Hoffman-La Roche's World Product Manager in Basel, initiated contact with the EEC in 1973 with proof that Hoffman-La Roche had been violating antitrust laws, engaging in price fixing, and market sharing with its competitors. Hoffman-La Roche was fined appropriately, but the EEC botched the investigation by permitting Hoffman-La Roche to discover that Adams was behind the EEC investigation. He was subsequently arrested for illegal disclosure — a crime under Swiss law — and incarcerated. Then from 1990 until 1999, Hoffman-La Roche engaged in an illegal price fixing cartel for vitamins, which also included BASF and Rhone-Poulenc SA. In 1999, Hoffman-La Roche pleaded guilty in the United States and paid a $500 million fine, then the largest fine ever secured in the United States. The European Commission levied against Hoffman-La Roche €462 million for the exact same violation in 2001. The historical significance lies in the fact that these were record fines levied at the time, which drew worldwide attention to competition policy, not limited to EU competition policy.

The landmark case for a monopoly that we will use for this discussion is the Microsoft Antitrust Case. This case is one of the most significant antitrust cases due to amount of the fine and the extensive nature of the case. The case originated with a December 1998 complaint from Sun Microsystems alleging that Microsoft was refusing to supply it with interoperability information critical to interoperate with Microsoft’s PC operating system. Several companies including Novell and RealNetworks would be listed on the formal complaint. Microsoft was able to reach a settlement with these companies, but that did not prevent EU from levying a €497 million on Microsoft in 2003. Microsoft and EU would tangle back and forth through an appeals process that would last until October 2007, when all of the EU’s findings were upheld and Microsoft chose not to file additional appeals.

In 1998, WorldCom completed its $37 billion merger /purchase of its former competitor, MCI Communications. This merger was significant because it was the largest corporate merger in United States history. Immediately, the EU had concerns that the existing company would possess a prevailing position on the "backbone" of the Internet. After significant negotiations, MCI reached an accord to sell some of those data trunk lines to the British firm Cable & Wireless for $625 million. However, that would not enough to dispel concerns that the merged entity would possess too much jurisdiction over the future of the Internet. MCI would cave by agreeing not only to sell all of its Internet business, but also promised not to solicit its past Internet clientele for a predetermined period of time. The EU would later intervene in the combined companies’ proposed merger with Sprint Corporation, which would have been the largest corporate merger in the world, citing monopoly concerns with the combined company. The EU’s actions in this situation proved to the world that its enforcement was a force in the global economy.

The EU has been heavily involved in the regulation of state-aid to commercial industries, and of certain industry divisions and public services. The train system, power or gas serves as examples of public services that are being regulated by the EU. Article 4 of the Treaty of the EC delineates the EU liberalization program that has proved to be critical in easing the barriers that have been in place previously that have inhibited member states economic policy in this case.

So if the foundation of competition policy has not evolved from its inception in 1951, how has competition policy evolved in the EU? The answer lies not in the policy itself, but in the process in which competition policy developed. This process developed from the impact of 19th century Industrialization developing a problem, which was how to keep businesses’ honest in the wake of increasing pressure to maintain economic growth. The problem escalated from a problem to a need for a solution as social, political, and economic challenges that arose from 19th century Industrialization led to several tenures of Imperialism and two World Wars. These conflicts fostered numerous discussions in which a base set of solution requirements was developed in order to foster European integration amongst member states. Then a solution would be implemented in the form of a Treaty, along with initial set of rules and policies that had to be handed down to the member states. Finally, we had implementation, where the competition laws of the member states had to be toughened in order to match up with the policies of the European Union and an organization had to be developed to enforce these policies. This overall process is how competition policy evolved in the European Union from an initial problem to an established policy that is touted as a European success story.

“.... European competition policy is certainly a success story. From humble and highly controversial beginnings it has become a cornerstone of the Commission’s activities. Competition has never commanded such attention among commentators as it does today…”

This quote accurately reflects the conclusion that European Competition policy has evolved into a success story. As we continue to embark into the 21st century, there are challenges that lie ahead and European competition policy will need to maintain its foundation but continue to evolve in order to meet the challenges of a global economy.