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FAQs
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Where do I find beautiful and professional ebook templates for Power Point?
Thanks for answering my question, if you have an existing PowerPoint presentation that needs to be converted to ebook format - see my answer below, with step-by-step instructions in the second half. Or if you consider creating an ebook in PowerPoint - in this case my answer would have been a lot shorter “Do not do this, if you intend to stay sane.” You are searching for a way to convert a PowerPoint presentation to an ebook. If you use Google to search for such a solution, you can have a a good laugh - because most people seem to think that PDF qualifies as an “ebook”. So, they suggest to just “export it to a PDF format from PowerPoint - tadaa!” Anyone who ever tried to read PDF documents on ebooks readers, though, would find this an absurd idea. Ebook readers were not made for reading PDFs, and although some readers support PDF documents, they do a poor job of displaying anything that is even remotely similar to the original presentation. One solution that does not work: Unreadable content, because each PowerPoint page was converted to an image. After creating a snapshot of each page, you have one image per page in the reader, and you cannot read any of the words. Anything but the header is too small and pixelated. So, you zoom in, and now you have to scroll from the top left of the image to the bottom right, in order to read the page. Ebook readers have such a bad resolution that you have to zoom in quite drastically for reading most of the text. It feels like being forced to read a newspaper with a magnifying glass. OK, so, now that we know that exporting each page as an image is no solution, what other problems turn up, if you read a PDF- or even worse, a PDF that was converted. say, to Kindle format on an ebook reader? Unreadable content, because PDF is an abhorrently bad file format. Ask anyone who ever had to write software that reads the content of a PDF file. I only ever got any one of two reactions from programmers who were forced to do this: They either spin a long tale, and both of you will feel sad at the end, or they refuse to comment and leave. Remember that your ebook reader is made of software. Software that was created by one of these developers. Software that desperately tries to make any sense of the PDF’s content, but finally throws its hands up and displays something. Did you ever want to read an ebook where you need to guess which partial sentences belong together? Imagine your original page content to be chopped into pieces, here a quarter of a sentence from the main text, there half a sentence from an image caption, all re-arranged randomly, with the images sprinkled in somewhere. It looks like the newspaper collage of a five-year-old. There is a very good reason why instructions on the Internet “how to easily convert PowerPoint to an ebook” only shows the steps involved, and never the result: If the original presentation was any more complicated than one long text, or a list of text, the result will be the newspaper collage. — Start of instructions — You can try this, to get a fast idea how your presentation would look like in ebook format: The “Well, it could work, could not it?” approach: 1. Install a tiny program called Amazon.com: Send to Kindle [ https://www.amazon.com/gp/sendtokindle ] on your computer. When asked, use your standard Amazon account login. 2. In PowerPoint, choose menu option “File” → “Save as signNow PDF”, and thus create a PDF from the presentation. You may want to take a look at the PDF with signNow, so that you see: It looks actually like the presentation. (Cherish this moment, as it probably will not return, later down the line.) 3. On Windows: Right-click the PDF file in Windows Explorer, choose “Send to Kindle”, and tell the program what should be the name of the document in your Kindle Library, and the author. Upload it. 4. On Mac: Ctrl-click the PDF file in the Finder, choose “Open with …”, then “Send to Kindle”, and tell the program what should be the name of the document in your Kindle Library, and the author. Upload it. 5. Wait a few minutes for Amazon’s servers doing their job. 6. Go to Amazon Kindle: Welcome [ https://kindle.amazon.com/ ]. At the top right, you should see “Hello, Guest”. 7. Hover with the mouse above “Guest” and choose “Sign in”. 8. Sign in with your standard Amazon account. Now the top right reads “Hello, (your first name)” 9. Hover with the mouse above “(your first name)” and choose “Manage Your Content and Devices”. Sign in again. 10. The next page lists your ebooks, and whatever you uploaded with “Send to Kindle”. If your PDF upload was already processed, it should be at the top of the list. 11. Clock the left-most box that is left of your PDF’s title. Now orange buttons above the list have become active. Choose the “Deliver” button 12. Now a big box pops up, showing a list of your Kindle devices, let us say, your Kindle Paperwhite, your PC and your Smartphone. 13. Choose all of the devices, then click the “Deliver” button in the big box. 14. A few minutes later, check your Kindle devices; all should have received the PDF file. If not yet, force a Sync. If still not, you probably have “Show only ebooks” activated on the device. Instead, “Show all documents”. 15. Open your PDF document on all devices. 16. Check all pages carefully, on all devices. 17. Option A: Rejoice, because it looks just like the the original presentation. 18. Option B: Some pages look OK. some look scrambled, like a newspaper collage. So, we need to convert the PDF to a Kindle ebook file. OK, now we get serious, and instead of creating just a PDF file, we create a real Kindle ebook: Repeat the steps above, but this time, an additional few steps are needed: 1. Install the software calibre - E-book management [ https://calibre-ebook.com/ ] on your computer. 2. After creating the PDF in the steps above, but before uploading the file with “Send to Kindle”, you create a Kindle ebook file with Calibre, from the PDF. 3. Here is a video instruction how to install Calibre, and how to create a Kindle file from a PDF: https://www.youtube.com/watch?v=1fu8JmODC64 1. Make sure you choose “MOBI” in the drop-down list at the top right, when he talks at 0:46 about the output file. mobi is the native file format for Kindle. 2. Have Calibre create the mobi file. 3. Remember that I asked you to follow the 18 steps above? Only this time you right-click / ctrl-click on the mobi file, instead of the PDF. 4. This will upload the mobi file to your Kindle cloud. 5. Once you see that the upload was successful, and find your new ebook in the list of your documents on Amazon Kindle: Welcome [ https://kindle.amazon.com/ ], go ahead and deliver the ebook-that-once-was-a-PDF-which-once-was-a-PowerPoint-presentation to all of your devices. 6. Again, check all pages of all devices, if they actually look exactly like the presentation. 7. Hopefully, repeat step 17 above - rejoice! 8. Or swear that you will never again try to create a Kindle ebook in PowerPoint, and give up on the idea to convert a PowerPoint presentation to a Kindle ebook. One last option, if the conversion failed: 1. Copy-and-paste the content from PowerPoint to Word. Re-create the presentation in Word, using the most primitive Word functions - no advanced formatting, images on a separate line. Only do this for one page first, as a complex Word page may convert as badly to Kindle as PowerPoint. Choose the most complicated page you have in the presentation. Create a PDF from within Word, convert the PDF to mobi with Calibre, as above, compare the results on the reader to your original document. Happy? Re-create the rest of the pages. Congratulations, you made it! 2. Unhappy with the results, because the Kindle ebook on the reader looks still horrible? Either study the art of ebook creation, or look for a professional to do it for you.
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What are the best tools for a web developer?
21 Platforms That Serve As A Lifeline To Web DevelopersOriginally Published at - LambdaTestWeb development is constantly evolving at an astounding pace every single day. It poses a huge challenge to keep a track of new tools, libraries, frameworks, and plugins, platforms for web developers that are flooding in this sphere. Web development involves an intricate cycle of 5 complex stages namely -information gathering, planning and design, development, testing and delivery and finally project maintenance. To handle all these stages is a harrowing and daunting task even for a skilled developer on their own. This is why I have curated this list of 21 essential platforms for web developers to help them speed up their productivity and maintain an efficient workflow.· Information Gathering And Organizing:In my opinion, the very first requirement for any web developer is to gather information about the website. To realize the purpose, the designs, templates to be implemented, intended audience and main objectives. Gathering information and having the accessibility across platform provides convenience. After all, unlike your phone, you can’t carry a pen and paper everywhere and every time. Following platforms for web developers will replace their conventional way of taking notes.o MilanoteThis web-app provides content organizing functionalities, across platforms. Along with predefined templates and inspirations from brand designers, marketers, developer, and engineers, this web-app also provides a variety of utility tools for note-taking, planning and sharing boards, with drag and drop interface. Sign up for free and get access to 100 notes, images, links and uploads. For larger projects, check out their pro-membership plan.o Microsoft OneNote:A professional computer program for note-taking, information gathering, and sharing, also for collaborations. It allows parallel editing of documents which are uploaded on OneDrive or DropBox.· Join A community, Help and Be Helped:Communities are powerful platforms for web developers around the globe to connect, innovate ideas, clear doubts and queries related to web development. Joining virtual communities regarding specific domains and having discussions, providing suggestions can aid in getting more exposure and improvised work. Here are some renowned communities that helped me increase my everyday productivity and wisdom: –o Stack Overflow:A global community for all software developers where they can connect, communicate and hunt careers. For job seekers, there is a dedicated section which includes job vacancies and unique feature called Salary Calculator, which lets you know your worth. Along with a variety of programming languages, you can search for various tags on the website’s search engine.o Hashnode:Another website where developers can communicate regarding different topics, including various programming languages like Java, PHP, Javascript etc. Here, you can learn, share and discuss all kinds of queries regarding software development.· Code Editors:In order to keep your programs manageable and neat, code editors have proven to be great platform for web developers. They enable users to speed up coding, simplifying their workflow, and furthermore productivity. Source code editors can be standalone or built in a web-browser or IDE. Listing a few code editors, tailor-made for our web-developer community:o VSCode:A free of cost open source code editor developed by Microsoft, downloadable on Linux, Microsoft Windows, and macOS. It supports a variety of features including code refactoring, syntax highlighting, customizing and intelligent code completion.o Brackets:Created by signNow systems, Bracket is an open source editor with diverse features including live preview, extensibility, quick docs, and JsLint. This cost-free program sports a unique “Quick Edit” feature which is enabled by pressing Ctrl/Cmd and E keys simultaneously and allows in-line CSS editing. Click here to browse and upload the registry of extensions.· Beautify Your Piece Of Code:For improved understandability code optimizers or code beautifiers, are a go-to platforms for web developers. If you ever want to deobfuscate, minify or beautify few chunks of code, take a look at below websites which are easily accessible across browsers, free of cost simple to use, and no downloads required!o Code Beautify:Code Beautify is a code optimizing tool with a manifold of tools, check out the footer of its homepage (https://codebeautify.org/). Tools like converters, string utilities, validators, escape unescape, program editors and viewers are accessible on this website. Web Viewer/Editor allows the user to load URL, edit, validate, minify, beautify and download code lines.o Minify:Enables the user to minify short piece of Javascript and CSS codes with one click. Just enter the code inside the given placeholder on its homepage, select type – JS or CSS and hit Minify.· Free Logos:Logos are your identity on the internet, it is how your brand will be recognized in the market. Below mentioned are my personal favourites:o Renderforest:Renderforest online free logo maker will help you create your own professional logo in just 2 minutes. No need to have design skills anymore. There are more than 20.000 unique artwork files available. All you need to do is just pick your favorite, try different styles, customize the color, size and font, then click on export and viola! Your brand new logo is ready to be the face of your business.o LogoMakrLogoMakr is another free tool for creating logos. Provides a variety of 100+ fonts and icons to choose from! You can create your desired logo with real pace and can conveniently download it in your computer, once it is complete!· Eye-Catching Vectors:The heart of the web development life cycle lies with the design of a website. Vectors are must as a platform for web developers. Not only do they enhance the websites but also makes it more user interactive.o FreepikFreepik is a search engine to help you detect free vectors, PSD, photos, and icons. Freepik provides a curated selection of high-quality illustrations and graphics resources handpicked by their design team for aiding the end user.o VecteezyVecteezy is also one of my favourites for finding vector art. They are focused on providing fresh design from all parts of the internet. Providing free to download vectors, Vecteezy serves as a lifeline for freelance web developers.· Showcase your work, Use Mockup Tools:Mockups are basically prototypes or a model of a design or product; used for promotion, demonstration or things like design verification. In order to save time and effort, there are tons of platforms for web developer for designing mockups for different devices and websites, online on the internet. Web-developers can checkout following mockup and wireframe tools for cross-platform testing of their websites:o MockUPhone:A free tool which provides wireframes for cross platform. Androids, iPhones, Windows Phones, Laptops/PCs and tablets, developers can easily upload their design and have a mockup for all these devices. An option “Request your device” is also presented for the user to enter their specific preferences.o Balsamiq Mockups:Balsamiq is a wireframing tool which personifies the experience of using a whiteboard. With “what you see is what you get” drag and drop editor and automatic alignment feature, the tool provides a swift experience. Balsamiq comes at different prices- $9/month for 2 projects, up to $199/mo for 20 projects. A 30-day free trial is also available.Check out 27 Web UI Mockup Tools for more.· Perfect (Free) clicks and shots:Before getting professional about my websites, long ago I used to think Google Images is the only way to download images- no copyright issues and no credits. And for excellent quality pictures maybe I should get a camera and click it myself, or maybe hire somebody. But that’s not how millions of websites develop. Free images are a boon to web-developers, and trust me there are many websites who offers a platform for web developers download high-quality stock images:o Unsplash:Free stock images with more than 10 different collections and 1000s of pictures easily downloadable without any registration.o PexelsAvailable on iOS, Android, Mac OS, window, also plugins for WordPress, Chrome and Microsoft Office, this tool provides high-quality pictures for download at zero cost. The user can find any picture, just by using the search box provided on their website.o Is Your Website Compatible? Check the responsiveness:So there was this one time, I had developed a beautiful website with schematic vectors and logos. It was a blogging website with amazing pictures, everything was aligned and well sorted. I had a beautiful connection with it; even the mockups seemed perfect. I submitted my work to the production team, and 5 minutes later it was rejected. Why? because my website had a scrambled view on Samsung Galaxy S running on older version of Android. I mean, get an update maybe? Since then, I have come across a few responsive testing platforms to test my websites across different operating systems and devices:o Responsinator:A free to use tool where you can check the responsiveness of your website for the latest devices. Check responsiveness on their homepage for 4-5 devices or append your web URL http://www.responsinator.com/?url=YOURURL.COM example, http://www.responsinator.com/?ur.... Log in for access to more devices.o LambdaTestA cross browser testing tool that will help you ensure that your UI is supported and rendered across various browsers, OS, and devices. LambdaTest provides a feature for responsive testing in which you could test your website across 46 different devices in a single test session. Other than that, their smart testing feature would help you to automate visual UI testing so the difference between numerous screenshots of your webpage is easily highlighted. LambdaTest offers 2000+ browsers and browser versions for you to test your website. You can even perform live, interactive testing by hosting your website on a VM(virtual machine) running on LambdaTest’s cloud server.o Design Modo:Apart from other features like email template maker, Design Modo offers responsive web design testing. Click here to get there, and test your website on various smartphones, laptop models and desktops. However, it lacks emulating the actual look of the device; it displays all functionalities at approximate dimensions.o Rely On Website Builders When Short On Deadline:Website builders are a blessing to the web developer community. As the name suggests these browser-based platforms for web developers helps to fast-track their effort for designing a website, with a few drag and drops. In order to deliver fast projects, web-designers can rely upon these free and simple to use websites if your deadline is closer than your bandwidth.o UcraftThis website builder free website hosting and free landing page. Apart from tons of templates and wireframes which can be used to build a website at Ucraft the user can also create all-in-one e-commerce platform supporting fast and secure payment gateway.o WixA free website builder that allows the user to create HTML5 websites with 100s of templates and other features. Creating websites that are optimized for every device, is quite simple using drag-drop functionality.That was all from my end. If there is any platform that you feel is missing out in this list then let me know in the comment section. Cheers to web developers!
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How is someone deemed to be a hostile witness in court?
Either a prosecutor or a defense attorney may ask the court to consider a person a hostile witness if they are not testifying favorably. It essentially means that the witness you call to testify is not on your side, i.e., is 'hostile' to your client's position. Nevertheless, you want to call that witness to testify in your case (in which you're trying to prove your case, not disprove the other side's) for other reasons, i.e., to fill in some facts that need to be stated for you to satisfy your burden of putting into evidence all of the facts necessary to demonstrate your entitlement to bring the claims your client has asserted. If the Judge accepts your assertion that the witness is hostile to your case, you are permitted to 'lead' the witness with questions like, 'isn't it true that the light was red when you first observed the blue car?' If the witness is not 'hostile' the lawyer is not permitted to 'lead' the witness, i.e., to suggest the answer to the question. All you're allowed to do is to ask open-ended questions like 'where were you on the 20th of March? Who, if anyone else, was also there?' Treating a witness as hostile is a mechanism to cross examine the witness when there are circumstances that dictate this. Here are 2 such circumstances:When you have called a witness in your own case in chief but they are an unfavorable witness or an 'adverse witness,' you may treat the witness as hostile and cross examine the witness. You technically do not have to request permission from the Judge but it is always good form and respectful if you do request such permission.When you have called a witness and are performing direct examination of this witness (because you believed they would testify as a favorable witness) but they start changing their story and are not cooperating, you may request permission to treat the witness as an adverse witness (aka 'hostile'). This allows the attorney to cross examine the witness.-Corri D. Fetman, Esq.Corri Fetman & Associates, Ltd.www.cfalawfirm.comUnder the rules of evidence, you are not supposed to ask leading questions of your own witness because leading questions suggest the answer. In other words, you can spoon feed answers to your witnesses, and that's not what the courts want. They want you to ask open ended questions so the witness can testify based on what they know instead of what the attorney tells them.For example, if you call a witness to testify that the light was red when the other side crashed into your client, the attorney cannot ask:"Isn't it true that the light was red?"Instead, they should ask 'What color was the light?' This way the witness answers based on their own experience.For the first question, the other side's attorney would object to the question as "leading."However, if the witness is 'hostile' for whatever reason then you may ask the court to declare the witness as hostile so you can ask leading questions, even if the attorney called the witness. Without such a showing, it is presumed that your own witnesses are not 'hostile', so opposing attorneys will object to your questions as leading.Usually, a 'hostile' witness is one that won't answer your questions, shows a bias against you, or other similar reasons. I once had a hostile witness in a criminal case where I was a prosecutor, and the witness was a cooperating criminal. He wouldn't answer my questions directly so I asked the judge to declare him a hostile witness.Here is Federal Rule of Evidence 611:http://www.law.cornell.edu/rules...-MATTHEW S. JAMESJames DefenseThe essence of the question is asking the court to recognize that the lawyer has called a witness to the stand on direct examination that is hostile to the claim or defense. Normally, a lawyer is given very little latitude when questioning witnesses favorable to her positions in the case. The lawyer is not supposed to ask a question that suggests the desired answer. Lawyers call these 'leading questions.' Think of them this way, a leading question essentially allows the lawyer to testify through the witness by designing questions that can only be answered in a yes/no format. Questions that begin with 'Isn't it true that...' or that in themselves are statements not asking for open explanation are leading questions. If I as a trial lawyer called the witness to the stand there is a normal presumption that the witness is favorable to me, therefore I cannot ask leading questions.When the lawyer asks the court to treat the witness as hostile, the lawyer is asking permission to lead the witness to make specific points from a witness that normally does not want those points made. Normally, unless the witness is actually an opponent in the litigation or a hired expert witness for an opponent, the court will not allow the witness to be treated as a hostile witness until the witness exhibits hostility to the sponsoring lawyers positions in testimony with non-leading, open ended questioning.-Lin McCrawMcCrawGanttBoard Certified in Personal Injury Trial Law by the Texas Board of Legal SpecializationIf I am representing my client and call a witness, I generally expect that witness to support my case. Sometimes a witness will have information that is NOT supportive. Since I've called the witness, I may ask the court to name the witness as 'hostile.' That allows me to use the tools of cross-examination which are not generally allowed in direct testimony.-J. Kim Wright, J.D.Member, NC Bar1989 Graduate of University of Florida Lawhttp://www.cuttingedgelaw.com/The phrase appears in movies and television more so than in real life. However what it really means is that the lawyer is seeking the ability to ask 'leading' questions of the witness. A 'leading' question is one that suggests the answer desired by the lawyer. Examples include 'You never actually saw Bill that night, did you?' or 'You never reported the incident to management, did you?' Leading questions allow the lawyer to control the dialogue more easily so that the jury hears the testimony in such a way that is the lawyer's choosing while making it harder for the witness to avoid answering the question.Generally a lawyer cannot ask leading questions of witnesses unless the witness is on cross-examination or is being clearly evasive in the witness' answers (i.e. 'hostile'). So the lawyer is asking the judge to make the determination that the witness is being clearly evasive so as to allow the lawyer to ask leading questions. Certain witnesses are assumed to be 'hostile' and therefore it isn't necessary to ask for permission to ask leading questions. These can include opposing parties, people employed by opposing parties or otherwise under the influence or control of opposing parties.-John H. Barkley, Esq.Attorney at LawShustak & Partners, P.C.Certain questioning techniques are allowed when a witness is consideredhostile, which would otherwise be objectionable. The best example - alawyer can ask the witness questions that are leading in nature, which wouldotherwise not be allowed. A judge will grant such permission if the witness is not answering questions properly, being evasive or otherwise difficult.-Lance E. MuellerMueller, S.C.Generally speaking the phrase 'permission to treat a witness as hostile' is a cue to both the judge and the jury that a witness is not cooperating with the judicial process and/or is not being honest with their answers. An attorney can ask questions to a hostile witness that they would not be able to ask a friendly witness, so the allowance can broaden the manner of interrogation.-Matthew Reischer, Esqhttp://www.LegalAdvice.comNormally when a lawyer calls a witness they are only allowed to conduct direct examination. So for example, a question might be 'What time did you leave the store?' After a lawyer finishes questioning a witness the other side gets to cross examine the witnesses. In cross examination you can ask leading questions. A leading question might be 'Isn't it true that you left the store at 4:30?' The advantage to a leading question is that the lawyer is providing the information to the court through the witness.When a lawyer calls a witness who is non-cooperative or refuses to answer questions, they can, at the discretion of the judge, be considered hostile. When a witness is determined to be hostile the lawyer on 'direct' can then use leading questions to facilitate their testimony.This technique is used if you require the testimony of the adverse party,or someone close to them (parent, spouse, employee, etc.) in order to make a critical point in a case. A lawyer has to be careful though, because judges don't always grant the request. Then you are stuck trying to 'pull' what you need from direct questions, and then the other lawyer gets to lead what might be a very friendly witness to them.I have tried civil, criminal and family court cases involving direct and cross examination of witnesses, and dealt with the 'permission to treat the witness as hostile' question in a multi-day trial just a few weeks ago.-James R. Snell, Jr.Attorney at LawLexington, South Carolinawww.snelllaw.comThis is when a lawyer asks a Judge permission to ask a witness, usually his own, leading questions (You saw my client sign the contract, correct?) on direct examination. Leading questions usually are only asked during cross examination. A hostile witness is someone who's testimony is contrary to the facts and law the lawyer seeks to present, therefore the lawyer must now impeach the testimony of the witness. A witness on cross examination is presumed to be hostile, so the lawyer does not need to seek the court's permission to treat the witness as hostile.-Andrellos MitchellAttorney & Counselor at LawLaw Office of Andrellos MitchellThe short answer is that it means the lawyer is asking the judge if the lawyer may insert a ring through the witness's nose and lead the witness wherever the lawyer leads.Now, why might that lawyer need that permission and why might the judge grant it? Well, broadly speaking, there are two rules that lawyers must follow at trial concerning the manner in which lawyers question witnesses. On direct examination, a lawyer generally may not 'lead the witness.' On cross-examination, the lawyer may do so, and generally will use nothing but leading questions.Direct examination is the type of examination that, generally speaking, occurs when a lawyer is putting on his client's case-in-chief and calls a witness to the stand to testify. The lawyer must not lead the witness during questioning on direct examination. A leading question is one that suggests the answer, such as, 'You left the bar at about 10:00 p.m. on that night, correct?' 'Yes.' But if the lawyer has the witness on direct examination, the lawyer may not lead. Instead, the lawyer has to resort to who, what, why, when, and how questions, or 'Please explain to the jury . . .' or 'Please tell the Court . . .' So, back to our example about the guy leaving the bar, on direct examination the question becomes, 'Now, on the night of the accident, Mr. Client, about what time did you leave the bar?'On cross examination, which occurs when the lawyer is questioning a witness called or clearly associated with an adverse party, the lawyer is permitted to lead the witness. Cross examination is great fun for trial lawyers, because in essence, they get to do the testifying. In theory, the lawyer just puts the words in the witness's mouth, and ideally all the witness says is yes or no. And as a result, the lawyer has much greater control over the course of the testimony. Well-coached witnesses will fight you, but there are other techniques for dealing with that problem. By contrast, direct examination involves much less control by the lawyer and can be more challenging for that reason.So what's with this permission-to-treat-witness-as-hostile question? Well, on occasion a lawyer may have to call a witness in his client's case-in-chief who is just not all that fond of the lawyer's client. Now, if that witnesses is someone clearly identified with an adverse party in the case-let's say plaintiff calls to the stand in her case-in-chief an employee of the corporate defendant-then the lawyer may get to call the witness 'under cross-examination.' In that instance, the lawyer can start with leading questions right out of the gate, from the first question. But let's suppose the witness I have to call is a former employee of my client and for reasons totally unrelated to this case, that ex-employee is just not a real fan of my client anymore. The judge probably will not permit me to call the witness in my client's case-in-chief 'on cross examination' right out of the box. Instead, I may have to begin the questioning as if on direct examination with my usual non-leading, who, what, where, when, and why questions. If, however, the witness starts going off on my client, clearly demonstrating hostility and damaging my oh-so-well-crafted story for the jury, then I turn to the judge and say, 'Your Honor, may I have permission to treat the witness as hostile?' And if the judge grants that permission, I may now start using leading questions to get the witness to where I want to go.-Charles PenotThe Law Offices of Charles Penot, PLLCWhen a lawyer asks permission to treat a witness as hostile, they are doing that so that they can 'lead' the witness. When an attorney calls a witness and questions him or her, that is called a direct examination and the attorney must ask open-ended questions rather than leading questions. This is a more amiable conversation than a cross-examination, during which leading questions are asked (wherein the answer is implied). Unfortunately, sometimes a witness that may be helpful to your case does not want to cooperate and therefore, your client will be better protected if you can ask leading questions (it's also easier to elicit the answer you want). The attorney must request permission to treat the witness as hostile so that the leading questions are not objectionable.-Shari-Lynn Cuomo Shore, Esq.Wolf & Shore, LLCwww.wolfandshorelaw.comWhen a lawyer asks to treat a witness as hostile they are asking the Judge for permission to question the witness in a certain way. Traditionally when a lawyer calls a witness in their case in chief (i.e. the plaintiff's lawyer calls the defendant as a witness on the plaintiff's behalf), the witness may not be favorable to the parties case (i.e. the defendant doesn't want to testify on the plaintiff's behalf). When you are calling your own witness that is determined to be hostile you may do certain things such as ask leading questions 'Weren't you there on that night' instead of 'Where were you on this night'. It basically involves starting the question off assuming the answer or using questions that solicit yes and no answers. The goal of leading questions is to solicit information the witness is otherwise going to be elusive in providing when asking open ended or less direct questions.Attorney's usually have an unfettered right to ask leading questions on cross-examination, so if the plaintiff's lawyer calls the defendant as a witness, when the defendant's attorney is cross examining her at that time, the defendant's attorney may automatically (subject to each state's rules) use leading questions.-Tiffany S. FrancAttorneyhttp://www.pklaw.com/Generally, a witness must ask open-ended questions when examining their own witnesses and can only cross-examine (i.e., ask leading questions) when questioning witnesses called by an opposing party. However, sometimes a lawyer needs to call as a witness someone who is not cooperative and acting hostile to the lawyer and his client. If that happens, the lawyer can ask the judge for 'permission to treat the witness as hostile.' If the judge agrees, the lawyer can then ask leading questions. A judge will review both the witness's manner on the stand and any interest adverse to the lawyer and his client. So, most frequently, a lawyer tries to question his witnesses with open-ended questions and seeks permission to treat as hostile after the witness demonstrates hostility and un-cooperativeness. Nevertheless, sometimes a lawyer can ask before even questioning if it is clear that the witness will be adverse. If not granted, he can request again if the witness is, in fact, hostile to the initial questions.-Thomas J. Simeone, Esq.Simeone & Miller, LLPwww.SimeoneMiller.comThe meaning or purpose of asking the court for leave to treat a witness as hostile is that the attorney is seeking leave to ask leading questions (which are generally not allowed on direct examination of a witness that the attorney has called to testify) and to possibly impeach or discredit the witness with his/her prior statements or conduct.It is generally used when a witness who is either thought to be neutral, or even un-helpful to the attorney's client in some respect, has to be called because they can offer some key piece of evidence that cannot be introduced otherwise.-John R. O'Brien, AttorneyChicago, IllinoisLicensed in Illinois since 1978An adverse or hostile witness is a witness whose trial testimony, on DIRECT examination, is "adverse" or "hostile" to the lawyer questioning the witness. For example, a lawyer calls the complainant at trial when the lawyer represents the defendant who supposedly victimized the complainant. The lawyer can ask that the complainant be designated "hostile" because the complainant is adverse to the defense position. Allowing the witness to be designated hostile allows the lawyer to then ask LEADING questions. A leading question calls for a "yes" or "no" answer. The direct examination then proceeds in a leading manner (as if the witness is being cross-examined).-Neal Davis is a criminal defense attorney in Houston, Texas and founder of the Neal Davis Law Firm, PLLC. Neal is board certified by the Texas Board of Legal Specialization in criminal law and has garnered national recognition for defending cases before the US Supreme Court and Texas courts.www.houstoncriminaldefenselawyers.comYou are asking the judge to allow you to ask the witness leading questions, which have presumptive elements about them and may even suggest the answer.Some witnesses are adverse by nature - party opponents for instance. They are hostile witnesses by nature and will usually erect vague and ambiguous answers to your questions. They can drag the case on with such antics. Who, what, when, where and why are not leading. "Isn't it true?" is a leading question and allowed during cross examination or if the court allows leading questions on direct examination of a hostile witness.-Dr. Shawn Council, Esquire, LPDAttorney at LawDoctorate of Law & Policywww.shawncouncil.comAn angry witness is stewing on the witness stand poised to pounce at any moment on our hero - the social pariah of a lawyer who is taking on corrupt government, big business, or vile criminals. As our hero fires off several rounds of questions, he's outmatched by the cunning of the witness. Until suddenly, our hero screams out, 'Permission to treat the witness as hostile?' The judge readily grants the motion and a high stakes drama unfolds which eventually leads to the witness's shocking confession before a stunned jury.But permission to treat a witness as hostile isn't usually all that exciting. The rules of evidence allow attorneys to use leading questions in cross examination against the opposing counsel's witness. A leading question is a question that implies the answer and usually involves a yes or no question. For example, these types of questions might start with 'Isn't it true you...."Usually, these types of questions are improper with one's own witnesses. The jury needs to hear testimony from the witness, not the lawyer. So, a lawyer should ask his own witness open ended questions such as who, what, where, when, why, and how. The idea behind the rules is that the opposing counsel's witnesses may be biased or untruthful and leading questions are a tool to fully examine the accuracy of a witness's statement, whereas one's own witnesses must be free to explain what he or she witnessed and not influenced by an attorney trying to win a case. And yet there are times when the attorney's own witness is evasive or prone to be hostile by virtue of the circumstances of the case. In those times, a court may grant latitude to use leading questions because the attorney's own witness is not much different from that of opposing counsel. This is a very common tool when witnesses recant prior testimony.While this fun declaration is usually not as exciting as it's portrayed in the media, it's a very useful tool to the skilled lawyer to get to the bottom of the matter.-Mark Heath, criminal defense attorney,http://www.jacksonwhitelaw.com/Please see the following articles for more information about jobs related to criminal law:Matt Murphy, Senior Deputy District Attorney, Orange County, CaliforniaHow to Become a District AttorneyConsidering a Career as a District Attorney?The Life and Career of Attorney Nancy Grace, Who Turned Lawyer after the Murder of Her Fiance.Top 39 Tips for New Litigation Associates and Trial Lawyers: How to Be a Good Litigation AttorneyJob Opportunities in Criminal LawJury Consultants Continue to be in Hot DemandThe Life and Career of Marcia Clark Criminal Defense AttorneyA Television show for military related crimes by former pilot turned Lawyer : Lt. Cmdr. "Harm" Rabb. Jr.Please see the following articles for more information about jobs related to criminal law:Make a career change as Public DefenderThe Rocky Balboa of Criminal Defense Law: Joseph TacopinaThe Life and Career of Tony Serra: Criminal Defense LawyerDefending the Mob: Chicago Criminal Defense Attorney Rick HalprinTop 39 Tips for New Litigation Associates and Trial Lawyers: How to Be a Good Litigation AttorneyJob Opportunities in Criminal LawJury Consultants Continue to be in Hot DemandA Television Show for Military Related Crimes by Former Pilot Turned Lawyer: Lt. Cmdr. "Harm" Rabb. 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What are some facts about India that Indians are generally unaware of?
Here are some facts every Indian should know, It is a very long answer so please bear it.Mind-blowing ancient Hindu discoveries that will shock you!1 /24Scientific verification of Vedic knowledgeFrom the invention of the decimal system in mathematics to the noble philosophy of ahimsa, Hindus have contributed their share in all fields of knowledge and learning. Over five thousand years ago, when Europeans were only nomadic forest dwellers, ancient Hindus had established a civilization, known as the Harappan culture. A vast number of statements and materials presented in the ancient Vedic literatures can be shown to agree with modern scientific findings. Let’s explore the great cultural wealth of this knowledge...2 / 24Invention of Decimal SystemDid you know that Hindus gave us the method of expressing numbers by means of a decimal system? The so called Arabic numerals are actually Hindu numerals and even many Arab mathematicians admit that. During the 700's, the Arabs learnt Hindu arithmetic from scientific writings of the Hindus and the Greeks. Then, in the 800's, a Persian mathematician wrote a book that was translated into Latin about 300 years later. This translation brought the Hindu-Arabic numerals into Europe.Invention of Decimal SystemHindu mathematicians used a system based on 10. The Hindus had symbols for each number from one to nine. They had a name for each power of 10, and used these names when writing numerals. For example, Hindus wrote "1 sata, 3 dasan, 5" to represent the number we write as 135. Hindus found a way of eliminating place names. They invented the symbol shunya (meaning empty), which we call zero. With this symbol, they could write "105" instead of "1 sata, 5."3 / 24Atomic TheorySage Kanad, 600 BC, is recognized as the founder of atomic theory, and classified all the objects of creation into nine elements (earth, water, light or fire, wind, ether, time, space, mind and soul). He stated that every object in creation is made of atoms that in turn connect with each other to form molecules nearly 2,500 years before John Dalton. Further, Kanad described the dimension and motion of atoms, and the chemical reaction with one another.4 / 24First and Longest Poetry of the WorldThe Ramayana is the first poetry of the world. It is a glorious Sanskrit epic written by the Divine Sage Valmiki. It has 24,000 Samkskrit verses. It was later translated by Kamban and Tulsi Das. The Mahabarata is the longest poetry ever written. Its 100,000 verses encompass all facets of Dharma or human way of life. It narrates the story about the great Mahabarata war between the noble Pandavas and their evil cousins the Kauravas.5 / 24Ancient root of NavigationThe art of Navigation was born in the river Sindhu 6000 years ago. The very word Navigation is derived from the Sanskrit word 'Navgatih'. The word navy is also derived from Sanskrit 'Nou'.6 / 24300 types of Operations & 125 Surgical InstrumentsThe ancient Indians were also the first to perform amputation, cesarean surgery and cranial surgery. Sushruta as early as 600 BC used cheek skin to perform plastic surgery to restore and reshape human nose, ears, and lips with incredible results. Shushruta describes the details of more than 300 operations. He worked with 125 kinds of surgical instruments including scalpels, lancets, needles, catheters, etc. Sushruta even devised non-invasive surgical treatments with the aid of light rays and heat.Chanakya's Arthashãstra describes post-mortems, and Bhoja Prabandha describes brain surgery, successfully performed in 927 AD by two surgeons on King Bhoja to remove a growth from his brain. Usage of anesthesia was well known in ancient India medicine. Detailed knowledge of anatomy, embryology, digestion, metabolism, physiology, etiology, genetics and immunity is also found in many ancient Indian texts.7 / 24Bhaskaracharya's Law of GravityDid you know that the famous Hindu astronomer, Bhaskaracharya in his Surya Siddhanta wrote: "Objects fall on the earth due to a force of attraction by the earth. Therefore, the earth, planets, constellations, moon and sun are held in orbit due to this attraction." It was not until 1687, 1200 years later did Issac Newton "rediscover" the Law of Gravity. Approximately 1200 years later (1687 AD), Sir Isaac Newton rediscovered this phenomenon and called it the Law of Gravity.8 / 24Time taken for Earth to orbit SunThe famous Hindu mathematician, Bhaskaracharya, in his treatise Surya Siddhanta, calculated the time taken for the earth to orbit the sun to nine decimal places (365.258756484 days). Today’s accepted measurement is 365.2564 days. Therefore, assuming that today’s figures are correct, it means that Bhaskaracharya was off by only 0.0002%.9 / 24Mother of Martial ArtsDo you know that Kalari is considered to be the most complete and scientific martial art and is the mother of all martial arts? Bodhidharma, a Buddhist monk from India, introduced Kalari into China and Japan in the 5th century. He taught this art in a temple. This temple is today known as the Shaolin temple. The Chinese called him Po-ti-tama. What he taught has evolved into Karate and Kung Fu. One can find a lot of similarities among the three.10 / 24The Game of ChessThe game of chess was invented in India and was originally called Ashtapada (sixty-four squares). "Ashtapada" Sanskrit for spider -"a legendary being with eight legs" was played with dice on an 8x8 checkered board. There were no light and dark squares like we see in today's chess board for 1,000 years. Other Indian boards included the 10×10 Dasapada and the 9×9 Saturankam. Later this game came to be known as chaturanga. The Sanskrit name Chaturanga means 'quadripartite' — the four angas (divided into four parts).In 600 AD this game was learned by Persians who named it Shatranj. Shatranj is a foreign word among the Persians and the Arabians, whereas its natural derivation from the term Chaturanga is obvious. Again affix the Arabic name for the bishop, means the elephant, derived from alephhind, the Indian elephant. Even the word 'checkmate' is derived from the Persian term Shah Mat which means 'the king is dead!’11 / 24Invention of DiceSome of the earliest archaeological evidence of oblong dice have been found in Harrapan sites such as Kalibangan, Ropar, Alamgirpur, Desalpur and surrounding territories, some dating back to the third millennium BCE. The oblong or cubical dice is the precursor of the more primitive vibhīṣaka—small, hard nuts drawn randomly to obtain factors of a certain integer. Dicing is believed to have later spread to Persia. Early references to dicing can be found in the Ṛig Veda as well as the Atharvaveda.12 / 24Mokshapat or Snake and Ladder?The game had its origin in India and was called Moksha Patam or Parama Padam or Mokshapat. It was used to teach Hindu Dharma and Hindu values to children. The British renamed it as Snakes and Ladders. The game was created by the 13th century poet saint Gyandev. The ladders in the game represented virtues and the snakes indicated vices - good deeds take us to heaven and evil to a cycle of re-births. There are certain references which take the game back to 2nd century BC.In the original game square 12 was faith, 51 was Reliability, 57 was Generosity, 76 was Knowledge, and 78 was Asceticism. These were the squares were the ladder was found. Square 41 was for Disobedience, 44 for Arrogance, 49 for Vulgarity, 52 for Theft, 58 for Lying, 62 for Drunkenness, 69 for Debt, 84 for Anger, 92 for Greed, 95 for Pride, 73 for Murder and 99 for Lust. These were the squares were the snake was found. The Square 100 represented Nirvana or Moksha.Also known as ‘paramapadam’, there are a hundred squares on a board; the ladders take you up, the snakes bring you down. The top of the ladder depicts a God, or one of the various heavens (kailasa, vaikuntha, brahmaloka) and so on, while the bottom describes a good quality. Conversely, each snake’s head is a negative quality or an asura (demon). As the game progresses, the various karma and samskara, good deeds and bad, take you up and down the board.13 / 24Charaka Samhita: World’s first physicianIn 500 BC Maharishi Charaka wrote the famous Charaka Samhita or Physicians’ Handbook. The Charaka Samhita went into great detail to describe human anatomy, pathology, diagnostic procedures, and treatment for various diseases. Charaka also described the functions of the heart and the circulatory system in great detail. The Charaka Samhita was widely translated in various languages and Charaka was a respected medical authority in both the Arab and Roman empires.14 / 24Vedic roots of MathematicsDid you know that Geometry, Trigonometry, Calculus and Algebra are studies which originated in India? The word Geometry seems to have emerged from the Sanskrit word gyaa-miti which means "measuring the Earth". And the word Trigonometry is similar to tri-kona-miti meaning "measuring triangular forms". The treatise of Surya Siddhanta describes details of Trigonometry, which were introduced to Europe 1200 years later in the 16th century by Briggs. All Hindu as well as Buddhist mandalas and yantras are complex forms of Geometrical shapes.Bhaskaracharya otherwise known as Bhaskara is probably the most well known mathematician of ancient Indian today. Bhaskara wrote his famous Siddhanta Siroman in the year 1150 A.D. It is divided into four parts; Lilavati (arithmetic), Bijaganita (a treatise on algebra), Goladhyaya (celestial globe), and Grahaganita (mathematics of the planets). An Arabic Scholar Al Zabar translated a Bhaskara's work Bijaganita from Sanskrit. It was later known as Algebra in European languages.15 / 24Oldest Systematic LanguageDid you know that Sanskrit is the world’s oldest systematic language? The word sanskrita, meaning "refined" or "purified," is the antonym of prakrita, meaning "natural," or "vulgar." It is made up of the primordial sounds, and is developed systematically to include the natural progressions of sounds as created in the human mouth. Sanskrit was considered as "Dev Bhasha", "Devavani" or the language of the Gods by ancient Indians.16 / 24Mother of all LanguagesThe Sanskrit language has helped shape many European languages including French, German, Russian, and English. It shows many ancient forms of words such as father, through, shampoo, trigonometry, and mouse, while guru, pundit, dharma, bandh, and yoga are among hundreds of Sanskrit words that can now be found in the Oxford dictionary.17 / 24MetallurgyIndia was the world-leader in Metallurgy. Gold jewelry is available from 3,000 BCE. Brass and bronze pieces are dated back to 1,300 BCE. Extraction of zinc from ore by distillation was used in India as early as 400 BCE while William Campion patented the process some 2,000 years later. There is an iron pillar in Delhi dating back to 400 CE that shows no sign of rust or decay. The earliest known book on metallurgy was written by sage Nagarjuna in 10th century.18 / 24The oldest book: RigvedaThe existence of the Vedas goes beyond recorded history and are said to be passed down from the Gods to the great seers of Bharat. For many human generations the Vedas were passed on through word of mouth, until finally documented by the great Rishis and Swamis. And if the Vedas speak of the Sarasvati River, then it would seem clear that they were written before about 2000 BC, and not later than 1500 BC, as scholars originally believed.19 / 24About the Solar SystemAncient Hindus were first to suggest a heliocentric solar system. Speed of light was calculated as 1, 85,016 miles/sec. They had even calculated the distance between Earth and Moon as 108 diameters of Moon and Earth and Sun as 108 diameters of Sun. These figures are very close to the modern day values. All these were stated several thousand years before the famous scientist Galileo postulated in the west that sun was the center of the planetary system and Earth was not flat.20 / 24The Game of CardsThe popular game of cards originated in ancient India and was known as Krida-patram. It was one of the favorite pastimes of Indians in ancient times. This game was patronized especially by the royalty and nobility. In medieval India, playing cards was known as Ganjifa cards which were played in practically all royal courts. This game is recorded to have been played in Rajputana, Kashyapa Meru (Kashmir), Utkala (Orissa) the Deccan and even in Nepal.21/ 24Life Cycles of the UniverseThe Hindus view that the Universe has no beginning or end, but follows a cosmic creation and dissolution. Hindus are the only one who propounds the idea of life-cycles of the universe. It suggests that the universe undergoes an infinite number of deaths and rebirths. Hindus views the universe as without a beginning (anadi = beginning-less) or an end (ananta = end-less). Rather the universe is projected in cycles.22/ 24Ayurveda - the Science of LongevityAyurveda is the indigenous system of medicine in India. Ayurveda literally means 'the science of living' (longevity). Ayu means "Life" and Veda means "Knowledge". Unique quality of Ayurveda is that it uncovers and cures the root cause of illness, it is safe, gentle and inexpensive, it sees 6 stages of disease development (where modern medicine only sees the last two stages), it treats people in a personalized manner according to their dosha or constitution and not in any generic manner.23 / 24Pythagorean Theorem or Baudhayana Theorem?Did you know that the so-called Pythagoras Theorem that the square of the hypotenuse of a right-angled triangle equals to the sum of the square of the other two sides was documented by the famed Hindu mathematician Baudhayana in his 6th century BC treatise called Baudhayana Sulba Sutra? Baudhayana states: "The area produced by the diagonal of a rectangle is equal to the sum of area produced by it on two sides."24 / 24An immense world of knowledge!Although modern images & descriptions of India often show poverty, India was one of the richest countries till the time of British in the early 17th Century. Christopher Columbus was attracted by India's wealth and was looking for route to India when he discovered America by mistake. Readers, who are surprised that they haven't been told of these ideas before, the fault is of the books we have used.Thanks for reading!Image source: Google ImagesCredit-Pallavi Thakur SeekerSource- Mind-blowing ancient Hindu discoveries that will shock you!
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What are the key takeaways from the new Elon Musk book?
The biography is a must buy for anyone that looks up to Musk. I've watched most of his interviews and a lot of things were new to me. Below are some takeaways and highlights I took in my Kindle. The trait that consistently comes up in Elon’s biography is perseverance. Suffering, though, has always been Musk’s thing. The kids at school tortured him. His father played brutal mind games. Musk then abused himself by working inhumane hours and forever pushing his businesses to the edge. The idea of work-life balance seems meaningless in this context. “He would call very insistently,” she (Justine Musk) said. “You always knew it was Elon because the phone would never stop ringing. The man does not take no for an answer. You can’t blow him off. I do think of him as the Terminator. He locks his gaze on to something and says, ‘It shall be mine.’ Bit by bit, he won me over.”For Gracias, the Tesla and SpaceX investor and Musk’s friend, the 2008 period told him everything he would ever need to know about Musk’s character. He saw a man who arrived in the United States with nothing, who had lost a child, who was being pilloried in the press by reporters and his ex-wife and who verged on having his life’s work destroyed. “He has the ability to work harder and endure more stress than anyone I’ve ever met,” Gracias said. “What he went through in 2008 would have broken anyone else. He didn’t just survive. He kept working and stayed focused.” That ability to stay focused in the midst of a crisis stands as one of Musk’s main advantages over other executives and competitors. “Most people who are under that sort of pressure fray,” Gracias said. “Their decisions go bad. Elon gets hyperrational. He’s still able to make very clear, long-term decisions. The harder it gets, the better he gets. Anyone who saw what he went through firsthand came away with more respect for the guy. I’ve just never seen anything like his ability to take pain.”“He looked like death itself,” Riley said. “I remember thinking this guy would have a heart attack and die. He seemed like a man on the brink.” In the middle of the night, Musk would have nightmares and yell out. “He was in physical pain,” Riley said. “He would climb on me and start screaming while still asleep.” The couple had to start borrowing hundreds of thousands of dollars from Musk’s friend Skoll, and Riley’s parents offered to remortgage their house. Musk no longer flew his jet back and forth between Los Angeles and Silicon Valley. He took Southwest.One thing that Musk holds in the highest regard is resolve, and he respects people who continue on after being told no. Dozens of other journalists had asked him to help with a book before, but I’d been the only annoying asshole who continued on after Musk’s initial rejection, and he seemed to like that.He’s a product expert, and unlike most CEOs, wants to understand the engineering and design intricacies of everything. Tesla employees soon got to witness the same Musk that SpaceX employees had seen for years. When an issue like the Roadster’s faulty carbon-fiber body panels cropped up, Musk dealt with it directly. He flew to England in his jet to pick up some new manufacturing tools for the body panels and personally delivered them to a factory in France to ensure that the Roadster stayed on its production schedule. The days of people being ambiguous about the Roadster’s manufacturing costs were gone as well.Musk’s growth as a CEO and rocket expert occurred alongside SpaceX’s maturation as a company. At the start of the Falcon 1 journey, Musk was a forceful software executive trying to learn some basic things about a very different world. At Zip2 and PayPal, he felt comfortable standing up for his positions and directing teams of coders. At SpaceX, he had to pick things up on the job. Musk initially relied on textbooks to form the bulk of his rocketry knowledge. But as SpaceX hired one brilliant person after another, Musk realized he could tap into their stores of knowledge. He would trap an engineer in the SpaceX factory and set to work grilling him about a type of valve or specialized material. “I thought at first that he was challenging me to see if I knew my stuff,” said Kevin Brogan, one of the early engineers. “Then I realized he was trying to learn things. He would quiz you until he learned ninety percent of what you know.” People who have spent signNow time with Musk will attest to his abilities to absorb incredible quantities of information with near-flawless recall. It’s one of his most impressive and intimidating skills and seems to work just as well in the present day as it did when he was a child vacuuming books into his brain. After a couple of years running SpaceX, Musk had turned into an aerospace expert on a level that few technology CEOs ever approach in their respective fields. “He was teaching us about the value of time, and we were teaching him about rocketry,” Brogan said.Public image is very important to him. He likes to take credit for things and wants the world to know about it. If the media is wrong about something, he has no shame and corrects them. The engineering corps flew into a collective rage every time they caught Musk in the press claiming to have designed the Falcon rocket more or less by himself. Musk also hired a documentary crew to follow him around for a while. This audacious gesture really grated on the people toiling away in the SpaceX factory. They felt like Musk’s ego had gotten the best of him and that he was presenting SpaceX as the conqueror of the aerospace industry when the company had yet to launch successfully.Musk’s biggest detractors have made all of these arguments either in public or private and a half dozen or so of them said far worse things to me about his character and actions, describing Musk as unethical in business and vicious with his personal attacks. Almost universally, these people were unwilling to go on the record with their comments, claiming to be afraid Musk would pursue litigation against them or ruin their ability to do business. On the marketing front, Musk would run daily Google searches for news stories about Tesla. If he saw a bad story, he ordered someone to “fix it” even though the Tesla public relations people could do little to sway the reporters.Expectations at Tesla SpaceX are incredibly high and new employees are told that from the start. When Musk sets unrealistic goals, verbally abuses employees, and works them to the bone, it’s understood to be—on some level—part of the Mars agenda. Some employees love him for this. Others loathe him but remain oddly loyal out of respect for his drive and mission. What Musk has developed that so many of the entrepreneurs in Silicon Valley lack is a meaningful worldview.When Musk came into the meeting room where I’d been waiting, I noted how impressive it was for so many people to turn up on a Saturday. Musk saw the situation in a different light, complaining that fewer and fewer people had been working weekends of late. “We’ve grown fucking soft,” Musk replied. “I was just going to send out an e-mail. We’re fucking soft.”Another salesman flew down to SpaceX to sell the company on some technology infrastructure equipment. He was doing the standard relationship-building exercise practiced by salespeople for centuries. Show up. Speak for a while. Feel each other out. Then, start doing business down the road. Musk was having none of it. “The guy comes in, and Elon asks him why they’re meeting,” Spikes said. “He said, ‘To develop a relationship.’ Elon replied, ‘Okay. Nice to meet you,’ which basically meant, ‘Get the fuck out of my office.’ This guy had spent four hours traveling for what ended up as a two-minute meeting. Elon just has no tolerance for that kind of stuff.” Musk could be equally brisk with employees who were not hitting his standards. “He would often say, ‘The longer you wait to fire someone the longer it has been since you should have fired them,’” Spikes said.“We’d have these meetings and take bets on who was going to get bloodied and bruised. If you told him (Elon) that you made a particular choice because ‘it was the standard way things had always been done,’ he’d kick you out of a meeting fast. He’d say, ‘I never want to hear that phrase again. What we have to do is fucking hard and half-assing things won’t be tolerated.’ He just destroys you and, if you survive, he determines if he can trust you. He has to understand that you’re as crazy as he is.” This ethos filtered through the entire company, and everyone quickly understood that Musk meant business.Davis, like Brogan and plenty of other SpaceX engineers, has had Musk ask for the seemingly impossible. His favorite request dates back to 2004. SpaceX needed an actuator that would trigger the gimbal action used to steer the upper stage of Falcon 1. Davis had never built a piece of hardware before in his life and naturally went out to find some suppliers who could make an electromechanical actuator for him. He got a quote back for $120,000. “Elon laughed,” Davis said. “He said, ‘That part is no more complicated than a garage door opener. Your budget is five thousand dollars. Go make it work.’” Davis spent nine months building the actuator. At the end of the process, he toiled for three hours writing an e-mail to Musk covering the pros and cons of the device. The e-mail went into gory detail about how Davis had designed the part, why he had made various choices, and what its cost would be. As he pressed send, Davis felt anxiety surge through his body knowing that he’d given his all for almost a year to do something an engineer at another aerospace company would not even attempt. Musk rewarded all of this toil and angst with one of his standard responses. He wrote back, “Ok.”An employee could be telling Musk that there’s no way to get the cost on something like that actuator down to where he wants it or that there is simply not enough time to build a part by Musk’s deadline. “Elon will say, ‘Fine. You’re off the project, and I am now the CEO of the project. I will do your job and be CEO of two companies at the same time. I will deliver it,’” Brogan said. “What’s crazy is that Elon actually does it. Every time he’s fired someone and taken their job, he’s delivered on whatever the project was.”You did what Musk asked or were prepared to burrow down into the properties of materials to explain why something could not be done. “He always said, ‘Take it down to the physics,’” Javidan said.It’s almost a binary experience for him. Either you’re trying to make something spectacular with no compromises or you’re not. And if you’re not, Musk considers you a failure. This position can look unreasonable or foolish to outsiders, but the philosophy works for Musk and constantly pushes him and those around him to their limits.Elon believes in-house work and vertical integration. He doesn't like to rely on suppliers and wants to control supply chains. By doing that, he can cut costs and make better products. A large car company might spend $ 1 billion and need thousands of people to design a new vehicle and bring it to market. Tesla had nothing close to these resources as it gave birth to the Model S. According to Lloyd, Tesla initially aimed to make about ten thousand Model S sedans per year and had budgeted around $ 130 million to achieve this goal, including engineering the car and acquiring the manufacturing machines needed to stamp out the body parts. “One of the things Elon pushed hard with everyone was to do as much as possible in-house,” Lloyd said. “If Daimler wants to change the way a gauge looks, it has to contact a supplier half a world away and then wait for a series of approvals,” Javidan said. “It would take them a year to change the way the ‘P’ on the instrument panel looks. At Tesla, if Elon decides he wants a picture of a bunny rabbit on every gauge for Easter, he can have that done in a couple of hours.”And lastly, here are some other quotes I liked. I think there are probably too many smart people pursuing Internet stuff, finance, and law,” Musk said on the way. “That is part of the reason why we haven’t seen as much innovation.While Musk had excelled as a self-taught coder, his skills weren’t nearly as polished as those of the new hires. They took one look at Zip2’s code and began rewriting the vast majority of the software.There can be no question that Musk has mastered the art of getting the most out of his employees. Interview three dozen SpaceX engineers and each one of them will have picked up on a managerial nuance that Musk has used to get people to meet his deadlines. One example from Brogan: Where a typical manager may set the deadline for the employee, Musk guides his engineers into taking ownership of their own delivery dates. “He doesn’t say, ‘You have to do this by Friday at two P.M.,’” Brogan said. “He says, ‘I need the impossible done by Friday at two P.M. Can you do it?’ Then, when you say yes, you are not working hard because he told you to. You’re working hard for yourself. It’s a distinction you can feel. You have signed up to do your own work.”To find Davis, Musk called a teaching assistant* in Stanford’s aeronautics department and asked him if there were any hardworking, bright master’s and doctoral candidates who didn’t have families.“There is a fundamental problem with regulators. If a regulator agrees to change a rule and something bad happens, they could easily lose their career. Whereas if they change a rule and something good happens, they don’t even get a reward. So, it’s very asymmetric. It’s then very easy to understand why regulators resist changing the rules. It’s because there’s a big punishment on one side and no reward on the other. How would any rational person behave in such a scenario?”SpaceX is also busy building a spaceport from the ground up. The goal is to be able to launch many rockets an hour from this facility located in Brownsville, Texas, by automating the processes needed to stand a rocket up on the pad, fuel it, and send it off.What Musk had done that the rival automakers missed or didn’t have the means to combat was turn Tesla into a lifestyle. It did not just sell someone a car. It sold them an image, a feeling they were tapping into the future, a relationship. Apple did the same thing decades ago with the Mac and then again with the iPod and iPhone. Even those who were not religious about their affiliation to Apple were sucked into its universe once they bought the hardware and downloaded software like iTunes.The rank-and-file engineers at SpaceX tended to be young, male overachievers. Musk would personally signNow out to the aerospace departments of top colleges and inquire about the students who had finished with the best marks on their exams. It was not unusual for him to call the students in their dorm rooms and recruit them over the phone. “I thought it was a prank call,” said Michael Colonno, who heard from Musk while attending Stanford. “I did not believe for a minute that he had a rocket company.” Once the students looked Musk up on the Internet, selling them on SpaceX was easy.I would argue, however, that his brand of empathy is unique. He seems to feel for the human species as a whole without always wanting to consider the wants and needs of individuals. And it may well be the case that this is exactly the type of person it takes to make a freaking space Internet real.Source: Ashlee Vance - Elon Musk
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The British government has removed the word “unlikely” from its official Brexit guidance telling companies and citizens how to p
There is a strong suspicion across the EU27 that this was the British “plan” all along.String along the negotiations, erect absurd and mutally-contradictory red lines, box everyone into irreconcilable corners, constantly shift the goalposts, run down the clock.And then at the last minute the EU27 would, faced with the chaos disruption and cost of a No Deal crash-out Brexit, either cave and offer the British all the cake they could ever want with extra cherries; or alternatively the EU27 would fracture and the fabled German manufacturers would force their government to cut a side-deal with the UK, allowing a bunch of mini-deals to be done with the important countries for British trade (mainly Ireland, France, Belgium, Holland and Germany) and tourism/retirement (Spain).But over the last few weeks it has become apparent to all thata) the UK has done NO planning whatsoever for any sort of Brexit, soft hard or crash-out, and is woefully unprepared for Marchb) The EU27 have been planning, including detailed planning for the No Deal scenario (What's included in the Government's no-deal Brexit plan)c) The British hope of a return to 19th century Great Game politics where they could continually play all six sides against one another, keeping Europe on a constant balance-of-power internal struggle, is out-dated and is never going to work. And yet, on multiple occasions over the last two years, the British continually behaved like trying to set all the EU capitals at one another’s throats was a viable, mature, workable strategy. All this achieved was burning up what little remained of British diplomatic credibilityd) The British are not negotiating in good faith. Which apparently came as a surprise to some…The idea that hundreds of MPs all of a sudden found the idea of Northern Ireland having different regulations to Britain to be an absolutely intolerable imposition and bsignNow of fundamental dearly-held political principles…..puhleeese. NI has always had wildly different laws, institutions and regulations from Britain. For the last 20 years everyone in NI has been entitled from birth to the citizenship of a whole different EU country FFS. If you actually Believe British politicians were genuinely outraged about the NI backstop then you are an idiot. It was a convenient excuse to be used to play silly buggers with the negotiations and continue to run down the clock. No more, no less.And so, faced with a faithless negotiator with chaotic internal politics, delusions of grandeur, and an insistance on trying to drag the entire continent back towards 19th century conflict politics, it is the EU27 that over the last couple of weeks called the UK’s bluff and said “No more messing, no more running down the clock. We are far more prepared than you are for No Deal, and while a No Deal will be a major annoyance for us, for you it will be an utter disaster. Negotiations are over. Deal or No Deal.”And so the British are absolutely bricking it because now they have to suddenly at the last minute come up with a credible No Deal survival plan between now and March, their entire negotiating strategy has collapsed, they have burned through almost all their global reserves of credibility and goodwill, and they have backed themselves into now having no option but to either have a massively humiliating climb-down from all the petards they have hoisted themselves upon; or cross the fingers and pray really really hard that a No Deal won’t actually be a civilisation-ending Outside Context Problem after all.
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Which sections in annual report should I pay attention to in order to understand its business model? How do I filter it?
For a US-based, publicly-traded company, look for the section of the 10-K called “Business, Item 1.”For example, if you had never heard of Apple, Inc. (we’ll just pretend you’ve lived in a cave all your life) and wanted to know what the company does, if you went to the Business section of their annual report (10-K), you’d find the following.[1]PART IItem 1.BusinessCompany BackgroundThe Company designs, manufactures and markets mobile communication and media devices and personal computers, and sells a variety of related software, services, accessories and third-party digital content and applications. The Company’s products and services include iPhone®, iPad®, Mac®, Apple Watch®, AirPods®, Apple TV®, HomePod™, a portfolio of consumer and professional software applications, iOS, macOS®, watchOS® and tvOS™ operating systems, iCloud®, Apple Pay® and a variety of other accessory, service and support offerings. The Company sells and delivers digital content and applications through the iTunes Store®, App Store®, Mac App Store, TV App Store, Book Store and Apple Music® (collectively “Digital Content and Services”). The Company sells its products worldwide through its retail stores, online stores and direct sales force, as well as through third-party cellular network carriers, wholesalers, retailers and resellers. In addition, the Company sells a variety of third-party Apple-compatible products, including application software and various accessories, through its retail and online stores. The Company sells to consumers, small and mid-sized businesses and education, enterprise and government customers. The Company’s fiscal year is the 52- or 53-week period that ends on the last Saturday of September. The Company is a California corporation established in 1977.Business StrategyThe Company is committed to bringing the best user experience to its customers through its innovative hardware, software and services. The Company’s business strategy leverages its unique ability to design and develop its own operating systems, hardware, application software and services to provide its customers products and solutions with innovative design, superior ease-of-use and seamless integration. As part of its strategy, the Company continues to expand its platform for the discovery and delivery of digital content and applications through its Digital Content and Services, which allows customers to discover and download or stream digital content, iOS, Mac, Apple Watch and Apple TV applications, and books through either a Mac or Windows personal computer or through iPhone, iPad and iPod touch® devices (“iOS devices”), Apple TV, Apple Watch and HomePod. The Company also supports a community for the development of third-party software and hardware products and digital content that complement the Company’s offerings. The Company believes a high-quality buying experience with knowledgeable salespersons who can convey the value of the Company’s products and services greatly enhances its ability to attract and retain customers. Therefore, the Company’s strategy also includes building and expanding its own retail and online stores and its third-party distribution network to effectively signNow more customers and provide them with a high-quality sales and post-sales support experience. The Company believes ongoing investment in research and development (“R&D”), marketing and advertising is critical to the development and sale of innovative products, services and technologies.ProductsiPhoneiPhone is the Company’s line of smartphones based on its iOS operating system. iPhone includes Siri®, an intelligent assistant, and Apple Pay, Touch ID® and Face ID® on qualifying devices. In September 2018, the Company introduced three new iPhones. iPhone Xs and Xs Max feature a Super Retina™ OLED display, an all-screen stainless steel and glass design, faster processors and enhanced cameras, and were available beginning in September 2018. iPhone XR features a Liquid Retina™ LCD display in an all-screen aluminum and glass design, and was available beginning in October 2018. The Company’s line of smartphones also includes iPhone 8, 8 Plus, 7 and 7 Plus models. iPhone works with the iTunes Store, App Store, Book Store and Apple Music for purchasing, organizing and playing digital content and apps.iPadiPad is the Company’s line of multi-purpose tablets based on its iOS operating system, which includes iPad Pro®, iPad and iPad mini®. iPad includes Siri, Apple Pay and Touch ID. In March 2018, the Company released a new 9.7-inch iPad with Apple Pencil® compatibility. In October 2018, the Company introduced a new version of iPad Pro as well as a new Apple Pencil and Smart Keyboard Folio™. The new 11-inch and 12.9-inch iPad Pro models feature a Liquid Retina LCD display in an all-screen aluminum and glass design and integrate Face ID. iPad works with the iTunes Store, App Store, Book Store and Apple Music for purchasing, organizing and playing digital content and apps.MacMac is the Company’s line of desktop and portable personal computers based on its macOS operating system. Mac includes Siri and supports Apple Pay, and also includes Touch ID on qualifying devices. The Company’s desktop computers include iMac® 21.5-inch, iMac 21.5-inch with Retina® 4K display, iMac 27-inch with Retina 5K display, iMac Pro®, Mac Pro® and Mac mini®. The Company’s portable computers include MacBook®, MacBook Air®, MacBook Pro® and MacBook Pro with Touch Bar™. In October 2018, the Company introduced a new MacBook Air featuring a Retina display and Touch ID, and a new Mac mini with upgraded performance.Operating SystemsiOSiOS is the Company’s mobile operating system that serves as the foundation for iOS devices. Devices running iOS are compatible with both Mac and Windows personal computers and Apple’s iCloud services. In September 2018, the Company released iOS 12, which includes improved performance and responsiveness, new augmented reality capabilities and expressive communication features, and introduces Siri Shortcuts, enabling Siri to intelligently pair with third-party apps.macOSmacOS is the Company’s desktop operating system and is built on an open-source UNIX-based foundation and provides an intuitive and integrated computer experience. Support for iCloud is built into macOS so users can access content and information from Mac, iOS devices and other supported devices and access downloaded content and apps from the iTunes Store. macOS Mojave, released in September 2018, is the 15th major release of macOS and makes apps such as News, Stocks, Voice Memos and Home available on the Mac for the first time. macOS Mojave also adds desktop and Finder® enhancements, such as Dark Mode, and introduces a full redesign of the Mac App Store.watchOSwatchOS is the Company’s operating system for Apple Watch. In September 2018, the Company released watchOS 5, which helps users stay healthy and connected with new features including Activity Sharing competitions, auto-workout detection, advanced running features, Walkie-Talkie, Apple Podcasts and third-party apps on the Siri watch face.tvOStvOS is the Company’s operating system for Apple TV. The tvOS operating system is based on the Company’s iOS platform and enables developers to create new apps and games specifically for Apple TV and deliver them to customers through the Apple TV App Store. tvOS incorporates Siri capabilities that allow searching across apps and services. In September 2018, the Company released tvOS 12, which supports enhanced sound quality and provides additional 4K high dynamic range (“HDR”) content.ServicesDigital Content and ServicesThe iTunes Store, available for iOS devices, Mac and Windows personal computers and Apple TV, allows customers to purchase and download or stream music and TV shows, rent or purchase movies and download free podcasts. The App Store, available for iOS devices, allows customers to discover and download apps and purchase in-app content. The Mac App Store, available for Mac computers, allows customers to discover, download and install Mac applications. The TV App Store allows customers access to apps and games specifically for Apple TV. The Book Store, available for iOS devices and Mac computers, features e-books from major and independent publishers. Apple Music offers users a curated listening experience with on-demand radio stations that evolve based on a user’s play or download activity and a subscription-based internet streaming service that also provides unlimited access to the Apple Music library.iCloudiCloud is the Company’s cloud service which stores music, photos, contacts, calendars, mail, documents and more, keeping them up-to-date and available across multiple iOS devices, Mac and Windows personal computers and Apple TV. iCloud services include iCloud Drive®, iCloud Photos, Family Sharing, Find My iPhone, iPad or Mac, Find My Friends, Notes, iCloud Keychain® and iCloud Backup for iOS devices.AppleCareThe Company offers a range of support options for its customers. These include assistance that is built into software products, electronic product manuals, online support including comprehensive product information as well as technical assistance, AppleCare + (“AC+”) and the AppleCare® Protection Plan (“APP”). AC+ and APP are fee-based services that extend the coverage of phone support eligibility and hardware repairs. AC+ offers additional coverage for instances of accidental damage and is available in certain countries for certain products. Additionally, AC+ with theft and loss protection is available for iPhone in the U.S.Apple PayApple Pay is the Company’s cashless payment service available in certain countries that offers an easy, secure and private way to pay. Apple Pay allows users to pay for purchases in participating stores accepting contactless payments and to pay for purchases within participating apps on qualifying devices. Apple Pay accepts credit and debit cards across major card networks and also supports reward programs and store-issued credit and debit cards. In December 2017, the Company released an update to iOS 11 and watchOS 4 introducing Apple Pay Cash in the U.S., allowing peer-to-peer payments using Apple Pay.Other ProductsApple TVApple TV connects to consumers’ TVs and enables them to access digital content directly for streaming video, playing music and games, and viewing photos. Content from Apple Music and other media services is also available on Apple TV. Apple TV allows streaming digital content from Mac and Windows personal computers through Home Sharing and from compatible Mac and iOS devices through AirPlay®. Apple TV runs on the Company’s tvOS operating system and is based on apps built for the television. Additionally, the Apple TV remote features Siri, allowing users to search and access content with their voice. The Company offers Apple TV and Apple TV 4K®, which supports 4K and HDR content.Apple WatchApple Watch is a personal electronic device that combines the watchOS user interface and technologies created specifically for a smaller device, including the Digital Crown®, a unique navigation tool that allows users to seamlessly scroll, zoom and navigate, and Force Touch, a technology that senses the difference between a tap and a press and allows users to access controls within apps. Apple Watch enables users to communicate from their wrist, track their health and fitness through activity and workout apps, and includes Siri and Apple Pay. In September 2018, the Company introduced Apple Watch Series 4, with a new design including a larger display and thinner case, and featuring new health monitoring capabilities.OtherThe Company also sells AirPods, Beats® products, HomePod, iPod touch and other Apple-branded and third-party accessories. AirPods are the Company’s wireless headphones that interact with Siri. In February 2018, the Company released HomePod, a high-fidelity wireless smart speaker that interacts with Siri and Apple Music.Developer ProgramsThe Company’s developer programs support app developers with building, testing and distributing apps for iOS, macOS, watchOS and tvOS. Developer program membership provides access to beta software and advanced app capabilities (e.g., CloudKit®, HealthKit™ and Apple Pay), the ability to test apps using TestFlight®, distribution on the App Store, access to App Analytics and code-level technical support. Developer programs also exist for businesses creating apps for internal use (the Apple Developer Enterprise Program) and developers creating accessories for Apple devices (the MFi Program). All developers, even those who are not developer program members, can sign in with their Apple ID to post on the Apple Developer Forums and use Xcode®, the Company’s integrated development environment for creating apps for Apple platforms. Xcode includes project management tools; analysis tools to collect, display and compare app performance data; simulation tools to locally run, test and debug apps; and tools to simplify the design and development of user interfaces. All developers also have access to extensive technical documentation and sample code.Markets and DistributionThe Company’s customers are primarily in the consumer, small and mid-sized business, education, enterprise and government markets. The Company sells its products and resells third-party products in most of its major markets directly to consumers and small and mid-sized businesses through its retail and online stores and its direct sales force. The Company also employs a variety of indirect distribution channels, such as third-party cellular network carriers, wholesalers, retailers and resellers. During 2018, the Company’s net sales through its direct and indirect distribution channels accounted for 29% and 71%, respectively, of total net sales.The Company believes that sales of its innovative and differentiated products and services are enhanced by knowledgeable salespersons who can convey the value of the hardware and software integration and demonstrate the unique solutions that are available on its products. The Company further believes providing direct contact with its targeted customers is an effective way to demonstrate the advantages of its products over those of its competitors and providing a high-quality sales and after-sales support experience is critical to attracting new and retaining existing customers.To ensure a high-quality buying experience for its products in which service and education are emphasized, the Company continues to build and improve its distribution capabilities by expanding the number of its own retail stores worldwide. The Company’s retail stores are typically located at high-traffic locations in quality shopping malls and urban shopping districts. By operating its own stores and locating them in desirable high-traffic locations the Company is better positioned to ensure a high-quality customer buying experience and attract new customers. The stores are designed to simplify and enhance the presentation and marketing of the Company’s products and related solutions. The retail stores employ experienced and knowledgeable personnel who provide product advice, service and training, and offer a wide selection of third-party hardware, software and other accessories that complement the Company’s products.The Company has also invested in programs to enhance reseller sales by placing high-quality Apple fixtures, merchandising materials and other resources within selected third-party reseller locations. Through the Apple Premium Reseller Program, certain third-party resellers focus on the Apple platform by providing a high level of product expertise, integration and support services.The Company is committed to delivering solutions to help educators teach and students learn. The Company believes effective integration of technology into classroom instruction can result in higher levels of student achievement and has designed a range of products, services and programs to address the needs of education customers. The Company also supports mobile learning and real-time distribution of, and access to, education-related materials through iTunes U®, a platform that allows students and teachers to share and distribute educational media online. The Company sells its products to the education market through its direct sales force, select third-party resellers and its retail and online stores.The Company also sells its hardware and software products to enterprise and government customers in each of its reportable segments. The Company’s products are deployed in these markets because of their performance, productivity, ease-of-use and seamless integration into information technology environments. The Company’s products are compatible with thousands of third-party business applications and services, and its tools enable the development and secure deployment of custom applications as well as remote device administration.No single customer accounted for more than 10% of net sales in 2018, 2017 and 2016.CompetitionThe markets for the Company’s products and services are highly competitive and the Company is confronted by aggressive competition in all areas of its business. These markets are characterized by frequent product introductions and rapid technological advances that have substantially increased the capabilities and use of mobile communication and media devices, personal computers and other digital electronic devices. Many of the Company’s competitors that sell mobile devices and personal computers based on other operating systems seek to compete primarily through aggressive pricing and very low cost structures. The Company’s financial condition and operating results can be adversely affected by these and other industry-wide downward pressures on gross margins. Principal competitive factors important to the Company include price, product and service features (including security features), relative price and performance, product and service quality and reliability, design innovation, a strong third-party software and accessories ecosystem, marketing and distribution capability, service and support and corporate reputation.The Company is focused on expanding its market opportunities related to personal computers and mobile communication and media devices. These markets are highly competitive and include many large, well-funded and experienced participants. The Company expects competition in these markets to intensify signNowly as competitors attempt to imitate some of the features of the Company’s products and applications within their own products or, alternatively, collaborate with each other to offer solutions that are more competitive than those they currently offer. These markets are characterized by aggressive price competition, frequent product introductions, evolving design approaches and technologies, rapid adoption of technological advancements by competitors and price sensitivity on the part of consumers and businesses.The Company’s services also face substantial competition, including from companies that have signNow resources and experience and have established service offerings with large customer bases. The Company competes with business models that provide content to users for free. The Company also competes with illegitimate means to obtain third-party digital content and applications.The Company’s future financial condition and operating results depend on the Company’s ability to continue to develop and offer new innovative products and services in each of the markets in which it competes. The Company believes it offers superior innovation and integration of the entire solution including the hardware (iOS devices, Mac, Apple Watch and Apple TV), software (iOS, macOS, watchOS and tvOS), online services and distribution of digital content and applications (Digital Content and Services). Some of the Company’s current and potential competitors have substantial resources and may be able to provide such products and services at little or no profit or even at a loss to compete with the Company’s offerings.Supply of ComponentsAlthough most components essential to the Company’s business are generally available from multiple sources, certain components are currently obtained from single or limited sources. In addition, the Company competes for various components with other participants in the markets for mobile communication and media devices and personal computers. Therefore, many components used by the Company, including those that are available from multiple sources, are at times subject to industry-wide shortage and signNow commodity pricing fluctuations that could materially adversely affect the Company’s financial condition and operating results.The Company uses some custom components that are not commonly used by its competitors, and new products introduced by the Company often utilize custom components available from only one source. When a component or product uses new technologies, initial capacity constraints may exist until the suppliers’ yields have matured or manufacturing capacity has increased. If the Company’s supply of components for a new or existing product were delayed or constrained, or if an outsourcing partner delayed shipments of completed products to the Company, the Company’s financial condition and operating results could be materially adversely affected. The Company’s business and financial performance could also be materially adversely affected depending on the time required to obtain sufficient quantities from the original source, or to identify and obtain sufficient quantities from an alternative source. Continued availability of these components at acceptable prices, or at all, may be affected if suppliers decide to concentrate on the production of common components instead of components customized to meet the Company’s requirements.The Company has entered into agreements for the supply of many components; however, there can be no guarantee that the Company will be able to extend or renew these agreements on similar terms, or at all. Therefore, the Company remains subject to signNow risks of supply shortages and price increases that could materially adversely affect its financial condition and operating results.Substantially all of the Company’s hardware products are manufactured by outsourcing partners that are located primarily in Asia, with some Mac computers manufactured in the U.S. and Ireland. A signNow concentration of this manufacturing is currently performed by a small number of outsourcing partners, often in single locations. Certain of these outsourcing partners are single-sourced suppliers of components and manufacturers for many of the Company’s products. Although the Company works closely with its outsourcing partners on manufacturing schedules, the Company’s financial condition and operating results could be materially adversely affected if its outsourcing partners were unable to meet their production commitments. The Company’s manufacturing purchase obligations typically cover its requirements for periods up to 150 days.Research and DevelopmentBecause the industries in which the Company competes are characterized by rapid technological advances, the Company’s ability to compete successfully depends heavily upon its ability to ensure a continual and timely flow of competitive products, services and technologies to the marketplace. The Company continues to develop new technologies to enhance existing products and services, and to expand the range of its offerings through R&D, licensing of intellectual property and acquisition of third-party businesses and technology.Intellectual PropertyThe Company currently holds a broad collection of intellectual property rights relating to certain aspects of its hardware devices, accessories, software and services. This includes patents, copyrights, trademarks, service marks, trade dress and other forms of intellectual property rights in the U.S. and a number of foreign countries. Although the Company believes the ownership of such intellectual property rights is an important factor in its business and that its success does depend in part on such ownership, the Company relies primarily on the innovative skills, technical competence and marketing abilities of its personnel.The Company regularly files patent applications to protect innovations arising from its research, development and design, and is currently pursuing thousands of patent applications around the world. Over time, the Company has accumulated a large portfolio of issued patents, including utility patents, design patents and others. The Company also holds copyrights relating to certain aspects of its products and services. No single intellectual property right is solely responsible for protecting the Company’s products. The Company believes the duration of its intellectual property rights is adequate relative to the expected lives of its products.Many of the Company’s products are designed to include intellectual property obtained from third parties. It may be necessary in the future to seek or renew licenses relating to various aspects of the Company’s products, processes and services. While the Company has generally been able to obtain such licenses on commercially reasonable terms in the past, there is no guarantee that such licenses could be obtained in the future on reasonable terms or at all. Because of technological changes in the industries in which the Company competes, current extensive patent coverage and the rapid rate of issuance of new patents, it is possible that certain components of the Company’s products, processes and services may unknowingly infringe existing patents or intellectual property rights of others. From time to time, the Company has been notified that it may be infringing certain patents or other intellectual property rights of third parties.Foreign and Domestic Operations and Geographic DataDuring 2018, the Company’s domestic and international net sales accounted for 37% and 63%, respectively, of total net sales. Gross margins on the Company’s products in foreign countries and on products that include components obtained from foreign suppliers, can be adversely affected by foreign currency exchange rate fluctuations and by international trade regulations, including duties, tariffs and antidumping penalties.Business Seasonality and Product IntroductionsThe Company has historically experienced higher net sales in its first quarter compared to other quarters in its fiscal year due in part to seasonal holiday demand. Additionally, new product introductions can signNowly impact net sales, product costs and operating expenses. Product introductions can also impact the Company’s net sales to its indirect distribution channels as these channels are filled with new product inventory following a product introduction, and channel inventory of a particular product often declines as the next related major product launch approaches. Net sales can also be affected when consumers and distributors anticipate a product introduction. However, neither historical seasonal patterns nor historical patterns of product introductions should be considered reliable indicators of the Company’s future pattern of product introductions, future net sales or financial performance.WarrantyThe Company offers a limited parts and labor warranty on its hardware products. The basic warranty period is typically one year from the date of purchase by the original end user. The Company also offers a 90-day limited warranty on the service parts used to repair the Company’s hardware products. In certain jurisdictions, local law requires that manufacturers guarantee their products for a period prescribed by statute, typically at least two years. In addition, where available, consumers may purchase APP or AC+, which extends service coverage on many of the Company’s hardware products.BacklogIn the Company’s experience, the actual amount of product backlog at any particular time is not a meaningful indication of its future business prospects. In particular, backlog often increases immediately following new product introductions as customers anticipate shortages. Backlog is often reduced once customers believe they can obtain sufficient supply. Because of the foregoing, backlog should not be considered a reliable indicator of the Company’s ability to achieve any particular level of revenue or financial performance.EmployeesAs of September 29, 2018, the Company had approximately 132,000 full-time equivalent employees.Footnotes[1] Document
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