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3.Examine the Rights of a Consumer Enshrined Under the Consumer Protection Act, 1986

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 Establishment of Consumer forums At present, there are 34

State Commissions, one in each State/UT and 571 district fora besides theNational Commission. The state

governments are responsible to set up the district fora and the StateCommissions. States have been empowered to

establish additional District Forum and also additionalmembers in the State Commission to facilitate constituting

benches and also for holding circuitbenches. The Central Government is empowered to establish the National Commission. It

has beenempowered to appoint additional members to facilitate creation of more benches and holding of

circuitbenches. The second bench of the National Commission started functioning from 24 September

2003.The government is monitoring the disposal of cases by the consumer courts through NationalCommission. As per the

current statistics, since its inception and up to 5.9.2008 , 2559451 cases werefiled out of which 2327035 cases were

disposed of by the District forums in various states of India .Jurisdiction under Consumer

Protection Act 1986The District Forum has the jurisdiction to entertain complaints where the value of the goods or

servicesand the compensation , if any, claimed, is less than INR 50,000. A State Commission has the jurisdiction to entertain complaints where

the value of the goods or services and the compensation , if any, claimed exceeds 500,000 rupees but does not

exceed 2 million rupees. It is also appellate forumfor orders of the District forum. The National Commisssion has the

jurisdiction to entertain complaintswhere the value of goods and services and the compensation exceeds two million rupees

and alsohears the appeals against the orders of the State Commission.Period of limitation

 A complaint is only admitted by any of the competent forums under CPA if it is filed within two yearsfrom the date on which

the cause of action has arisen but it may be entertained after the said periodafter recording its reasons for

condoning such delay , if the complainant satisfies that he had asufficient cause for not filing the complaint

within period of two years .Procedure to file a complaint A complaint can be filed in a District Forum

or as per pecuniary jurisdiction in another forum within locallimits of whose jurisdiction the opposite party

or any of the opposite parties resides or carries onbusiness, or has a branch office or personally works for gain.

Class actions

 

 

Under CPA Section 2 (1) (b) permits filing of a complaint by a consumer, any voluntary consumer association registered under

companies Act 1956 or under any other law, the State government or Central Government, one or more consumers

where number of consumers have same interest, incaseof death of a consumer , his legal representative

may ,make a complaint.Penalty under Section 27 CPA According to CPA ,where a trader or the complainant fail

s to comply with an order made by the relevantconsumer forum , such person is liable to a punishment with imprisonment

for a term which is not lessthan one month but which may extend to three years or with fine of not less than two thousand

rupeesbut which may extend to ten thousand rupees or with bothQuestion 6-Write short

notes on the following: Answer Copy rightTheIndian Copyright Act, 1957

governs the system of copyrights in India. Copyright Law in thecountry was governed by the Copyright Act of 1914,

was essentially the extension of the BritishCopyright Act, 1911 to India, and borrowed extensively from the new

Copyright Act of the UnitedKingdom of 1956. Now Indian Copyright is governed by the

Indian Copyright Act, 1957 .The Indian Copyright Act today is compliant with most international

conventions and treaties in the fieldof copyrights. India is a member of the Berne Convention of 1886 (as

modified at Paris in 1971), theUniversal Copyright Convention of 1951 and the Agreement on Trade Related Aspects of

IntellectualProperty Rights (TRIPS) Agreement of 1995.Though India is not a member of the Rome Convention of

1961, WIPO Copyrights Treaty (WCT) andthe WIPO Performances and Phonograms Treaty (WPPT),the

Copyright Act is compliant with it.CopyrightCopyright is a right given by the law to creators of literary,

dramatic, musical and artistic works andproducers of cinematograph films and sound recordings. In fact, it is a bundle of rights

including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. Therecould be

slight variations in the composition of the rights depending on the work.Indian work

 

 "Indian work" means a literary, dramatic or musical work,

 The author of which is a

citizen of India; or 

 Which is first published in India; or 

 The author of which, in the

case of an unpublished work is, at the time of the making of thework, a citizen of India.Descriptions of work

 Artistic work- An artistic work meanso

  A painting, a sculpture, a drawing (including a

diagram, map, chart or plan), anengraving or a photograph, whether or not any such work possesses artistic quality;o

 

 A work of architecture; ando

  Any other work of artistic craftsmanship.

 

Musical work o

 "Musical work" means a work consisting of music and includes any graphical

notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.

A musical work need not be written down to enjoy copyrightprotection.

 Sound recording

 o

 "Sound recording" means a recording of sounds from which sounds may be

producedregardless of the medium on which such recording is made or the method by which thesounds are

produced. A phonogram and a CD-ROM are sound recordings.

 Cinematograph film 

o

 "Cinematograph film" means any work of visual recording on any medium producedthrough a process from which a

moving image may be produced by any means andincludes a sound recording accompanying such visual recording and

"cinematograph"shall be construed as including any work produced by any process analogous tocinematograp

hy including video films.

 Government work- "Government work" means a work which is made or

published by or under the direction or control of o

 The government or any department

of the governmento

  Any legislature in India, ando

  Any court, tribunal

or other judicial authority in India.An author

 In the case of a literary or dramatic work the author, i.e.,

the person who creates the work

 In the case of a musical work, the composer.

 

In the case of a cinematograph film, the producer.

 In the case of a sound recording, the producer.

 In the case of a photograph, the photographer.

 In the case of a computer generated work, the person who

causes the work to be created.b. License Answer Licence by owners of copyright

 

 

Sec.30 provides that the owner of the copyright in any existing work or the prospective owner of thecopyright in any future work

may grant any interest in the right by licence in writing signed by him or byhis duly authorised agent. But in the case of a

licence relating to copyright in any future work, thelicence shall take effect only when the work comes into existence.

Compulsory licence in works withheld from publicSec.31 provides that at any time during the term of copyright in

any Indian work which has beenpublished or performed in public a complaint may be made to the Copyright Board that the owner

of copyright in the work (a) has refused to re-publish or allow the republication of the work or has refusedto allow the

performance in public of the work and by reason of such refusal the work is withheld fromthe public; or (b) has refused to allow

communication to the public by broadcast of such work or in thecase of a sound recording the work recorded in such sound

recording, on terms which the complainantconsiders reasonable.Compulsory Licence in unpublished

Indian works (Sec.31A)Where in the case of an Indian work, the author is dead or unknown or cannot be traced or the

owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licenceto

publish such work or translation thereof in any language. Before making an application, the applicantshall

publish his proposal in one issue of a daily newspaper in the English language having circulationin the major part of

the country and where the application is for the publication of a translation inanylanguage, also publish his proposal in one

issue of any daily newspaper in that language.Licence to produce and publish translation (Sec.32)

 Any person may apply to the Copyright Board for a licence to produce and publish a translation of aliterary or

dramatic work in any language after a period of 7 years for the first publication of the work. Also, an application may be made for

a licence to translate foreign literary or dramatic work, after threeyears from its publication. Every application shall

state the proposed retail price of copy of thetranslation of the work. ASSIGNMENT-01Name : Himanshu PatariaRegis

tration No : 521160439Learning Center : Aakashline Institute of Professional StudiesLearning Center Code : 03293Course : MBA

Subject : Software Engineering

 

 Semester : ThirdModule No : MI0033Date of submission : ________________________________________ Marks awarded : __________

______________________________ Directorate of Distance Education Sikkim Manipal University

 II Floor, Syndicate House Manipal –576 104 __________

___________ _________________ __________________ Signature of Coordinator Signature of Center Signature of Evaluator

 Master of Business Administration - MBA Semester IIIMI0033–

Software Engineering - 4 CreditsAssignment - Set- 1 (60 Marks)

Answer all the questions.Q1. Quality and reliability are related concepts but are fundamentall

y different in a number ofways. Discuss them. Answer Quality focuses on the software's conformance to explicit and

implicit requirements. Reliability focuseson the ability of software to function correctly as a function of time

or some other quantity. Safetyconsiders the risks associated with failure of a computer-based system that is controlled by

software. Inmost cases an assessment of quality considers many factors that are qualitative in nature. Assessmentof

reliability and to some extent safety is more quantitative, relying on statistical models of past eventsthat are coupled with

software characteristics in an attempt to predict future operation of a program.There is no doubt that the reliability of a computer

program is an important element of its overall quality.If a program repeatedly and frequently fails to perform, it matters little

whether other software qualityfactors are acceptable. Software reliability, unlike many other quality factors, can be

measured directedand estimated using historical and developmental data. Software reliability is defined in statistical

termsas "the probability of failure-free operation of a computer program in a specified environment for aspecified time"

[MUS87]. To illustrate, program X is estimated to have a reliability of 0.96 over eightelapsed processing

hours. In other words, if program X were to be executed 100 times and requireeight hours of elapsed processing time

(execution time), it is likely to operate correctly (without failure)96 times out of 100. Whenever software

reliability is discussed, a pivotal question arises: What is meant

 

 

by the term failure? In the context of any discussion of software quality and reliability, failure isnonconformance to software

requirements. Yet, even within this definition, there are gradations.Failures can be only annoying or catastrophic. One failure can

be corrected within seconds whileanother requires weeks or even months to correct. Complicating the issue even further, the

correctionof one failure may in fact result in the introduction of other errors that ultimately result in other failures.

Q2. Discuss the Objective & Principles Behind Software Testing. Answer  

Software testing is an investigation conducted to provide stakeholders with information about the qualityof the

product or service under test.[1] Software testing can also provide an objective, independent viewof the software to

allow the business to appreciate and understand the risks of softwareimplementation. Test techniques include, but are

not limited to, the process of executing a program or application with the intent of finding software bugs (errors or other

defects).Software testing can be stated as the process of validating and verifying that a softwareprogram/application/product:Meets the

requirements that guided its design and development;Works as expected; andCan be implemented with the same

characteristics:-Software testing, depending on the testing method employed, can be implemented at any time in

thedevelopment process. However, most of the test effort occurs after the requirements have been definedand the coding process

has been completed. As such, the methodology of the test is governed by thesoftware development methodology

adopted.Different software development models will focus the test effort at different points in the developmentpr

ocess. Newer development models, such as Agile, often employ test driven development and placean increased

portion of the testing in the hands of the developer, before it reaches a formal team of testers. In a more traditional

model, most of the test execution occurs after the requirements have beendefined and the coding process has

been completed.The following can be described as testing principals: All tests should be traceable to customer

requirements.Tests should be planned long before testing begins.The Pareto principal applies to testing.Testing should begin "in

small" and progress toward testing "in large".Exhaustive testing is not possible.To be most effective, an independent third party

should conduct testing.

Smu Mba 3rd Sem Assignement Set 1

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