About HDS
Discuss about the Book Of Business Analysis By Debra Paul.
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Student’s signature: Gurwinder Singh Date 09/03/2017
HDS is a small full service company located in the Sydney IT hub of North Ryde. It will install hardware, software, configure and manage systems, create websites, intranets and extranets. Clients currently come from design companies and other individual companies who do not see a need to internally manage their IT infrastructure as it is not a core result area. The company’s two founders (brothers Bob and Jeff) are still very hands on in all aspects of the business, including still looking after foundation clients. There is a small 2 person administration team, a senior and junior IT technician. Marketing and Customer Relationship Management are still handled by the founders. The company is still delivering some hosted services from equipment within the premises. As well as developing open source solutions for clients, the company has also started to develop and deploy its own applications. Again most of this work is carried out by the founders. The company is undergoing significant growth as “cloud” computing is becoming more acceptable, and affordable, for businesses small and large. The company has identified significant opportunities to expand the depth and breadth of its “cloud” computing services, particularly into the education sector. These services are expected to increase revenues from current customers, increase the company’s market share, and create opportunities to enter other markets. However, other larger more well-known competitors are also making inroads into these markets. While these companies do not offer the same level of high quality customer service that HDS is renowned for, they can offer very competitive pricing, and are often preferred by the bigger customers that HDS is trying secure. Additionally while the market for cloud computing services is expanding, actual IT expenditure is not. So while the company is having resource capacity issues across all areas of the business (knowledge management, planning, human, IT infrastructure, organisational, budgets) revenues are not increasing sufficiently to enable additional resource investment; staff are feeling the strain.
I have been hired as the Chief Information Officer (CIO) for a small company “Hosted Desktop Solutions” (HDS), which provides hosted “open-source” IT solutions to small and medium sized businesses. Having completed “requirements” (information) gathering for the new HDS website, it is now time to develop the Project Management framework for the website build. While there is an expectation that you able to be hands-on for the build, your primary responsibility is Project Management and delivery. To establish an IT project management standard of the highest quality for HDS, you are going to use the full range of formal project management methodology to deliver this project.
My Role
Copyright: Copyright is a legal right created by the law of a country that grants the creator of original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
Ethics: Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The term ethics derives from the Ancient Greek word which is derived from the word ethos (habit, “custom”). The branch of philosophy axiology comprises the sub-branches of ethics and aesthetics, each concerned with values.
Privacy: Privacy is the ability of an individual or group to seclude themselves, or information about themselves, and thereby express themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, but share common themes. When something is private to a person, it usually means that something is inherently special or sensitive to them. The domain of privacy partially overlaps security (confidentiality), which can include the concepts of appropriate use, as well as protection of information. Privacy may also take the form of bodily integrity.
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian copyright act 1968 (as amended), which applies the national law throughout Australia. Designs may be covered by the Copyright Act (as sculptures or drawings) as well as by the Design act. Since 2007, performers have moral rights in recordings of their work. Until 2004, copyright in Australia was based on the “plus 50” law which restricts works until 50 years after the author’s death. In 2004 this was changed to a “plus 70” law in line with the USA and European Union, but this change was not made retroactive. The consequence is that the work of an author who died before 1955 is normally in the public domain in Australia.
Copyright act 1968:The British Copyright Act 1911 continued to apply in Australia until the Australian Copyright act 1968 came into force on 1 May 1969. The 1968 Act was enacted following the collapse of the imperial system after the passage of the British Copyright act 1956, and following recommendations of the Spicer Committee, which had been appointed by the Australian Attorney-General in 1958 to review the 1912 Act to see what changes were necessary for Australia to ratify the Brussels Act of the Berne convention. The 1968 Act remains in force today, but has been amended on a number of occasions. The first major review occurred in 1974 when the Whitlam government appointed the Copyright Law Committee, chaired by Justice Franks, to examine the impact of reprographic reproduction on copyright law in Australia. The committee was also asked to examine the impact of photocopying and “to recommend any alterations to the Australian copyright law to affect a proper balance of interest between owners of copyright and the users of copyright material in respect of reprographic reproduction.” During its deliberation the Franks Committee observed that because Australia was a net importer of copyrighted works it should be careful to not adopt too radical solutions. The franks Committee recommended, amongst others, the adoption of a statutory licensing scheme. When commencing its review the Committee stated that the primary purpose of copyright law was.
What is Copyright, Ethics and Privacy?
Copyright amendment act 2006:The Copyright Amendment Act 2006 made changes required by the US-Australia Fee Trade Agreement. In particular, it strengthened anti-circumvention laws, for the first time making it illegal in Australia to circumvent technical measures used by copyright owners to restrict access to their works, and expanding the measures which count as technological restriction measures which may not be circumvented. Like the FTA language, the new anti-circumvention law is closely modelled on the US Digital Millennium copyright Act, although it is not identical. The Act also introduced a series of new exceptions into Australian copyright law. The best known are the private copying exceptions, which follow on from proposals by former Attorney-General Philip Ruddock to allow people to record most television or radio program at home to watch at a later time with family or friends, and to format-shift their music (make copies from CDs onto personal computers and portable music players). Unlike some countries in Europe, or Canada, there is no fee or licence payment on players to compensate copyright owners for these private copies, although the exceptions are narrowly defined and do not allow, for example, making copies for friends or family. The Act also introduced a copyright exception allowing parody and satire, and an exception to allow certain non-commercial use by public sector institutions like universities, schools, art galleries and archives; provided that an Australian court decides an exception would be consistent with the Berne Three step test. The other notable change made by the Act was to expand the provisions concerning criminal copyright infringement. The Act introduced strict liability offences for some copyright infringements, and a system of ‘Infringement Notices’ (on the spot fines). The stated aim of these provisions is to make copyright easier to enforce, particularly against commercial infringers. After concerns from user groups and the Senate Standing Committee on Legal and Constitutional Affairs, many strict liability offences that would have applied to non-commercial acts were removed from the final bill.
Protected subject matter, exclusive rights and infringement: Australian copyright law has been influenced significantly by the structure of English law, in addition to the Berne convention and other international copyright treaties. Thus there is an exhaustive set of types of material protected, and an exhaustive set of exclusive rights. In terms of the types of material, Australian law confers rights in works, also known as “Part III Works” (after the Part of the Act dealing with this): namely, literary works, musical works, artistic works, and dramatic works. It also confers rights in “other subject matter” (Part IV Subject Matter), which cover the kinds of material protected in some countries by ‘neighbouring rights’: sound recordings, films, broadcasts, and published editions. To be protected, material must fall into one of these exclusive categories. The rights in Part IV subject matters are more limited, because infringement requires exact copying of the actual subject matter (sound-a likes or remakes are not covered).In terms of the exclusive rights, different kinds of subject matter have different rights. Owners of copyright in works have rights to reproduce, publish (meaning publish for the first time), perform, and adapt the work, and communicate it to the public (including broadcast, or communicate by making available online). The rights of owners of copyright in artistic works are more limited (there is no right to control public display of artistic works). Owners of copyright in other subject matter have the exclusive right to make copies, to communicate them to the public, and to cause them to be heard seen in public. Infringement occurs where a person does an act falling within the copyright owner’s exclusive rights, without the authorisation of the copyright owner (assuming that one of the exceptions does not apply).
Copyright Law of Australia
Moral rights: In 2000, moral rights were recognised in Australian copyright legislation. Only individuals may exercise moral rights. The moral rights provided under Australian law now are:
- A right of attribution:
- the right to be clearly and reasonably prominently identified as the author, in any reasonable form
- the right to avoid false attribution, where the work is falsely presented as being another’s work.
- Integrity of authorship:
- the right to not have the work treated in a derogatory manner (this is a right to protect the honour and reputation of the author)
There are also proposals in Australia for the recognition of “Indigenous communal moral rights”, aimed at assisting indigenous people to protect the integrity and sanctity of indigenous culture. A draft bill was circulated to a limited set of stakeholders in 2003; since then the Bill has been listed as one the government planned to pass, but has yet to be introduced. From mid-2007, performers have also been granted moral rights in recordings of their performances, similar, but not identical, to the moral rights granted to authors. These were introduced as a result of Australia’s ratification of the WIPO Performances and Phonograms Treaty, which was required by the Australia’s free trade agreement with Singapore, and the Australia-United states Free Trade Agreement.
Workplace policies and procedures: A policy is a statement which underpins how human resource management issues will be dealt with in an organisation. It communicates an organisation’s values and the organisation’s expectations of employee behaviours and performance. Workplace policies often reinforce and clarify standard operating procedure in a workplace. Well written policies help employers manage staff more effectively by clearly defining acceptable and unacceptable behaviour in the workplace, and set out the implications of not complying with those policies. A workplace policy consists of a statement of purpose and one or more broad guidelines on action to be taken to achieve that purpose. The statement of purpose should be written in simple terms, free of jargon. The length of the policy may vary depending on the issue it addresses. A policy may allow discretion in its implementation and the basis of that discretion should be stated as part of the policy. A policy may also be required where there is a diversity of interests and preferences, which could result in vague and conflicting objectives among those who are directly involved.Not all workplace issues require a policy. Many routine matters can be dealt with through simple workplace procedures and processes being put in place.
- are consistent with the values of the organisation
- comply with employment and other associated legislation
- demonstrate that the organisation is being operated in an efficient and businesslike manner
- ensure uniformity and consistency in decision-making and operational procedures
- add strength to the position of staff when possible legal actions arise
- save time when a new problem can be handled quickly and effectively through an existing policy
- foster stability and continuity
- maintain the direction of the organisation even during periods of change
- provide the framework for business planning
- assist in assessing performance and establishing accountability
- Clarify functions and responsibilities.
Information about Copyright to team members: The Copyright Agency’s senior management team guides around 90 permanent staff who work across legal, surveys and monitoring, data processing and analytics, commercial and educational licensing, funding and membership and communications services.
Copyright Agency’s organisational structure comprises seven divisions:
- Business services (including licences for the education and government sectors, visual arts licensing, surveys and monitoring, and international relations)
- Commercial services (including licences for the corporate and not-for-profit sectors and digital press clippings)
- Learning Field
- Operations (including distributions, information technology and finance)
- Policy
- Legal
- Membership, communications and stakeholder engagement
Code of ethics and business conduct: The Board maintains policies and procedures (which we refer to as our Code) that represent both the code of ethics for the principal executive officer, principal financial officer, and principal accounting officer contemplated by SEC rules and the code of business conduct and ethics for directors, officers, and employees contemplated by NYSE listing standards. The Board Affairs Committee will review any issues under the Code involving an executive officer or director and will report its findings to the Board. The Board does not envision that any waivers of the Code will be granted, but should a waiver occur for an executive officer or director, it will be promptly disclosed on our website.
Copyright Act 1968
Ethics policy: The Corporation’s Ethics policy does not stop there. Even where the law is permissive, the Corporation chooses the course of highest integrity. Local customs, traditions, and mores differ from place to place, and this must be recognized. But honesty is not subject to criticism in any culture. Shades of dishonesty simply invite demoralizing and reprehensible judgments. A well-founded reputation for scrupulous dealing is itself a priceless corporate asset. The Corporation cares how results are obtained, not just that they are obtained. Directors, officers, and employees should deal fairly with each other and with the Corporation’s suppliers, customers, competitors, and other third parties.The Corporation expects compliance with its standard of integrity throughout the organization and will not tolerate employees who achieve results at the cost of violation of law or who deal unscrupulously. The Corporation’s directors and officers support, and expect the Corporation’s employees to support, any employee who passes up an opportunity or advantage that would sacrifice ethical standards.
Corporate assets policy: It is the policy of Exxon Mobil Corporation that directors, officers, and employees are expected to protect the assets of the Corporation and use them efficiently to advance the interests of the Corporation. Those assets include tangible assets and intangible assets, such as confidential information of the Corporation. No director, officer, or employee should use or disclose at any time during or subsequent to employment or other service to the Corporation, without proper authority or mandate, confidential information obtained from any source in the course of the Corporation’s business. Examples of confidential information include non-public information about the Corporation’s plans, earnings, financial forecasts, business forecasts, discoveries, competitive bids, technologies, and personnel.
It is the dual responsibility of the Victorian Public Sector Commission and public sector employers to promote the values and employment principles in the public sector.
Employee awareness of how to make ethical decisions is part of good workplace practice. Adherence to ethical standards based on the public sector values and the code of conduct reduces the level of organisational risk and increases performance. The values and principles help people determine how things ought to be done. They guide work practices, interactions and behaviour within an organisation. They are the foundation on which an organisation operates and apply across all levels of the organisation – from the Secretary or Chief Executive to frontline employees. The most effective ethics development programs from around the world help employees make sense of organisational values, raise awareness of ethical responsibility and assist employees to develop skills in ethical problem solving. The Victorian Public Sector Commission’s goal is for:
- Employees to understand the values and principles
- Managers to apply and encourage their application
- Senior leaders to demonstrate and reinforce them as part of the culture of their organisation
Copyright Amendment Act 2006
Involvement of stakeholders: We shall map our stakeholders to effectively involve the core of the primary stakeholders we should be speaking to in each consultation, as well as reach out to the broadest spectrum of organised interests. To do this, we shall scope the different stakeholder groups, and identify which stakeholders need to be present for particular stages of the process. We expect all European-level organisations, platforms and associations that take part in our consultations to be explicit about whom they represent by registering in the Transparency Register of the Commission and European Parliament. To identify the right stakeholders beyond the most obvious ones, we shall peer-review our stakeholder list by asking representatives of stakeholder organisations to review it.
Analysis: We shall formulate clear and simple questions to facilitate effective responses. Our consultation questionnaires will provide space for additional, open comments. The results of consultations should be carefully analysed and views adequately weighed. Particular attention should be paid to the views of representative bodies and those most affected by the proposals. Decision-makers will be made aware of any limitations of a consultation, in particular how representative the respondents were. We shall represent the results appropriately and articulate how they feed into decision-making. Once the data is collated and reviewed, we shall summarise the input, identifying the positions of the various stakeholder groups. This should be captured in the final report.
Feedback of stakeholders: The consultation document will explain how and when the respondents’ views will be considered in the policy process, e.g. by including an outline of the process that the initiative will follow after the consultation closes. Feedback to stakeholders after the consultation closes will be promptly structured into a report once the contributions have been analysed. The report will contain statistical information on the number of respondents, their type, category and geographical distribution. The report will contain an analysis of the substance of the contributions and, where possible, give a summary of the views expressed with an indication of the level of support for the various options canvassed. Contributions to consultations will be made public on the DG Health and Consumers’ website, together with other information collected from the consultation exercise (unless confidential).A common template will be developed for providing good feedback.
Reviews of code of ethics: Review each section of your code of conduct and make sure it still represents the values of your business. You should also review current standards and guidelines and any new policies introduced for the business. Consider any areas that could be added to your code, especially if your business has grown or changed significantly since your last review. For example, if your business has started selling products online you may need a new section covering online selling behaviour.
Reviewing staff understanding: I can review staff understanding of your code of conduct by requiring them to complete a survey or questionnaire. Focus your questions on any new sections and particular areas of your code that you think your staff may not fully understand. The surveys will identify areas that staff may need further training in and areas of your code that may be unclear and need reviewing. Follow up on the survey to ensure that all staff understands what is expected of them. When they are happy with the new code, have them sign a document to say that they accept.
Organisation policies and procedures: A policy is a course of action or guidelines to be followed whereas a procedure is the ‘Nitti gritty’ of the policy, outlining what has to be done to implement the policy. For example, a staff recruitment policy could involve the following procedures:
- All vacant paid positions will be advertised in local and state-wide papers.
- The advertisements will have details of duties, salary range, closing date and contact details.
- All interested people will be mailed job descriptions and information about the organisation.
Organisation guidelines: The agency is responsible for providing policy and procedural guidelines that support the practice of services. Policies and procedures must reflect legislation and ethical standards of the community services sector.Quality of service delivery is dependent on the responsibility of both the organisation and the worker in following the policies that guide service delivery. A list of such policy documents is:
- the organisation’s strategic plan
- policy documents, for example, providing services to cultural and linguistic diverse clients (CALD)
- Job descriptions.
- ethics in practice
- duty of care guidelines which include confidentiality, and equity and access
- child protection policy
- occupational health and safety guidelines
Summary: This assessment describes the develop copyright, ethics, and privacy policies and procedures based on copyright, ethics, and privacy regulations and guidelines for the case study business. This assessment is part of the IT Major Project, which is to build a business website either for HDS and managing copyright, ethics and privacy within an information communication and technology.
References:
- Case study
- Book of business analysis by Debra Paul, James and Donald Yeates.
- https://en.wikipedia.org/wiki/Ethics
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