Background and Central Problem Myspace. com is a SNS (social networking service) website which was founded in 2003. It was once the most visited social networking site in the world, and in June 2006 surpassed Google as the most visited website in the United States. It has been operating well with all its good features of music, games, videos and pop culture until early in 2008, when it was overtaken by Facebook in the number of unique worldwide visitors, and was surpassed in the number of unique U. S. visitors in May 2009.
It had a significant influence in pop culture and music and created a gaming platform. Also, the site started the trend of creating unique URLS for companies and artists. With its once excellent performance and fame, Rupert Murdoch loved it very much, which led to the fact that Myspace was acquired by News Corporation in July 2005 for $580 million. However, since then with the poor managing strategies, wrong market positioning and News Corporation’s little help, the number of Myspace users has declined steadily in spite of several redesigns.
After failure of changing top management for several times and leaving of its founders, Myspace was Jointly purchased by Specific Media Group and Justin Timberlake for approximately $35 illion in June 2011. After Myspace’s peak time, its poor performance in innovation and management strategies make it generally being considered as a pornographic site. Too heavily it depends on advertisement without proper screening. It represents a negative, chaotic and obsolete environment to the public. Moreover, after being acquired by News Corporation, it got little autonomy and enough help.
To make things worse, too frequent changing of senior management, among whom no one really knows about Myspace, has generally diminished morale within the company. Myspace has fallen into a vicious circle and exodus of users continues. Environmental Scan Demographic The number of users is crucial for a SNS company. Because social networks appear to be a very peculiar business, in which companies might serially rise, fall, and disappear. Thus to remain high popularity and good reputation have a direct correlation to its revenue. As an early pioneer of SNS business, Myspace used to be a leading company in this area.
According to the statistics of ComScore, when Murdoch purchased Myspace and its parent company, Intermix, in July 2005, Myspace already had around 20 million monthly unique visitors, comparing to the number of Facebook hich is less than its half volume. After the acquisition, the number of Myspace users continued to increase, and at its December 2008 peak, Myspace attracted 75. 9 million monthly unique visitors in the U. S. , according to ComScore. But in April 2006, the Facebook users surpassed Myspace users. Then the users of Myspace kept declining. Until April 2011, the unique users Myspace in U. S. were approximately 37. million, The number of celebrity users is also important for a SNS company. Strong celebrity charm would attract people to Join the network, which has a constantly good effect on he business. Myspace used to have a lot of celebrity users, however, many of them moved to Facebook afterwards, which led to exodus of its normal users. Socio-cultural Users are likely to see a clean interface, not like Myspace, which is full of advertisement and pornography. Myspace’s promise to redefine music, politics, dating and pop culture used to attract many young people, especially some teenagers, to Join into the community.
However, under the pressure of demanding revenue from advertisement, many Myspace pages appear to be host bodies for the worst kinds of advertising parasites. It has been an eyesore for users. Economic conditions While developers at Facebook, Tumblr, and Twitter, startups backed by venture capital, were more free to design their products without the immediate pressure of advertising goals, Myspace managers had to hit quarterly revenue targets. News Corporation considered Myspace as a money-making machine, rather than one of its core businesses to develop.
The contract with Google in 2006 gave a greater pressure to drive revenue on Myspace. As DeWolfe once said, the imperative to monetize the site stunted its evolution. Legal Myspace has had to deal with several legal issues, which had negative effect on its reputation. As an open social network platform, Myspace provides people chances to know with each other, sometimes even face to face. In 2007, a lawsuit filed against the website alleged, a 15 year old Houston-area girl met an adult predator who drugged and raped her, and initially they knew each other on Myspace.
In February 2006, Connecticut Attorney General Richard Blumenthal announced that he was launching an investigation into minors’ exposure to pornography on Myspace. And hen attorneys general from around the country were launching investigations into Myspace’s safety as well. All of these increased fears among public that this popular social networking website may have become places where sexual predators easily prey on children. Moreover, after Myspace failed in the lawsuit of music copyright in April 2008, it had to spend a large amount of money to set up Myspace music with some record companies.
Technology When Myspace was founded, it had developed its unique and wonderful features, such as its media player, music playlist, video player, etc. Basically, it developed verything it thought to be needed itself. However, mismanagement, a flawed merger, and countless strategic blunders along with its arrogance seeing hundreds of millions of people around the world are living on the platform, have stunted its that allowed outside developers to build new application, Myspace did everything itself. But it went too wide and not deep enough in its product development.
A lot of its products were shallow and not the best products in the world. The development cycle turned into one of crisis management, not one of innovation. Competition The competition within this business is cruel. A group of new, specialized social media companies are strong and tough competitors of Myspace, such as Tumblr, Twitter and Facebook. These companies were once quite less strong than Myspace. But, through constantly providing good user experience and innovation when Myspace encountered serious problems, these companies grew enormously.
Human Rights Law: Ella’s Case
Human Rights Law: Ella’s Case.
1. Going through the scenario chronologically, identify any human rights issues that are raised in each aspect of the scenario, including any particular right contained in the European Convention/Human Rights Act (Max: 250 words);
2. Having chosen the rights contained in any three of the paragraphs of the scenario, explain how that human right’s claim would be addressed and resolved by the domestic and European Court of Human rights (Max: 1750 words). In each answer you should use relevant case and other authority to address and answer the following issues:
• Identify the nature of the right (conditional or absolute)
• Whether there appears to have been a prima facie breach of that right
• Identify what principles would be used in judging whether that right has been violated in the circumstances and whether any violation was lawful and justified
• Provide your conclusions on whether the claim is likely to succeed
3. Using any one case that you have used in 2 above, write a case note of 1000 words, outlining the facts and the decision in that case and providing a critical analysis of the decision and the importance of the case in resolving human rights’ cases.
In April 2017 Ella left her partner, taking her three children with her, after he had struck her in the face in front of the children. She and the children were taken in by her mother, who had a drug habit, and when Ella complained to the police that she had been assaulted and that she was in fear of her life she was told by the police that no court was likely to believe the likes of her, especially as she was living with a junkie. Two days later her partner came round to her mother’s house and attacked Ella and one of the children, resulting in the child being hospitalised. When the police heard of the incident they arrested the partner for assault occasioning grievous bodily harm. A day later social services visited her mother’s house and took the children into foster care on a temporary basis using an Emergency Protection Order (EPO), which had been made that day at an ex-parte hearing (a hearing of which parents are not informed). A full hearing to review the Order took place 2 days later, but Ella was not informed about this. The press and public are not permitted to attend the EPO hearings, which are confidential because they concern children. By the time Ella was able to see a solicitor about the removal of her children, the court had already decided to continue the EPO.
Ella then went to live with her friend, Billy, who was an animal activist, and both complain that they have had their telephones bugged by the police, following Billy’s caution for harassment of employees working at an animal laboratory. They also claim that they were both followed by the police into the city centre one day, the police explaining that they wanted to be sure that they were not going to protest outside a cosmetic’s shop. Two weeks’ later, they were both stopped from boarding a coach which contained several members of an anti-vivisection group, who were on their way to a protest some 100 miles away.
A week later, Ella and Billy attended a meeting outside the Council offices, to protest against the Council’s stance on animal cruelty, and when they started swearing at councillors who were entering the building (they shouted ‘bloody fascists) at each of them as they entered) they were arrested for breaching the peace and taken to the local police station where they were detained in police cells for 18 hours. When Ella told them that she had to get back to see to her mother’s medication she was told, falsely, that it was too late as they had discovered her mother’s body in the canal that afternoon. During their confinement Ella complained that she had to share her cell with individuals who had soiled themselves, the police refusing to clean the cell or move her to another cell. Two weeks later they appeared before the magistrates’ court and were bound over to keep the peace with the condition that they were not to enter the vicinity of the council offices for the next year. As a result, Ella had to miss an appointment to discuss the care order for her children and had to conduct the meeting over the telephone.
Outraged by this, Billy decided to launch a campaign against the police and the local council. He targeted two police officers and produced a leaflet claiming that they had sexually assaulted victims of sex crimes, distributing the leaflet outside the local police station and persuading the local newspaper to publish the allegations. The officers have now brought an action against Billy, for harassment and defamation, and are seeking an injunction against the newspaper from running the story. Billy also told the national press that two local councillors had been having affairs with members of the social services and one newspaper ran that story, resulting in an action being brought by the councillors against the newspaper for misuse of private information.
In August 2017, following a series of bomb attacks in several city centres, Parliament rushed through a new Terrorism Act, which prohibited all public demonstrations for a period of 6 months. This affected Billy’s plans to organise a demonstration outside the House of Commons. In addition, the Act prohibited the wearing of any garment which covered, wholly or partially, an individual’s face, and Shabina, a young Muslim, wishes to bring an action, claiming that the provision is incompatible with her Convention rights.
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