How organisations generate and use customer insight

The generation and use of customer insight in marketing decisions is poorly understood, partly due to difficulties in obtaining research access and partly because market-based learning theory views knowledge as a fixed asset. However, customer insight takes many forms, arrives at the organisation from increasingly diverse sources and requires more than mere dissemination if it is to be useful. A multiple case study approach is used to explore managerial practices for insight generation and use. Multiple informants from each of four organisations in diverse sectors were interviewed. Findings reveal the importance of value alignment and value monitoring across the insight demand chain, to complement the information processing emphasis of extant research. Within the firm, the study suggests the importance of customer insight conduct practices including insight format, the role of automation and insight shepherding, to complement the much-researched process perspective. The study provides a basis for assessing the effectiveness of insight processes by both practitioners and scholars

On How to Extend the NIR Tully-Fisher Relation to be Truly All-Sky

Dust extinction and stellar confusion by the Milky Way reduce the efficiency of detecting galaxies at low Galactic latitudes, creating the so-called Zone of Avoidance. This stands as a stumbling block in charting the distribution of galaxies and cosmic flow fields, and therewith our understanding of the local dynamics in the Universe (CMB dipole, convergence radius of bulk flows). For instance, ZoA galaxies are generally excluded from the whole-sky Tully-Fisher Surveys ($|b| \leq 5^\circ$) even if catalogued. We show here that by fine-tuning the near-infrared TF relation, there is no reason not to extend peculiar velocity surveys deeper into the ZoA. Accurate axial ratios ($b/a$) are crucial to both the TF sample selection and the resulting TF distances. We simulate the effect of dust extinction on the geometrical properties of galaxies. As expected, galaxies appear rounder with increasing obscuration level, even affecting existing TF samples. We derive correction models and demonstrate that we can reliably reproduce the intrinsic axial ratio from the observed value up to extinction level of about $A_J\simeq3$ mag ($A_V\sim11$ mag), we also recover a fair fraction of galaxies that otherwise would fall out of an uncorrected inclination limited galaxy sample. We present a re-calibration of the 2MTF relation in the NIR $J$, $H$, and $K_s$-bands for isophotal rather than total magnitudes, using their same calibration sample. Both TF relations exhibit similar scatter at high Galactic latitudes. However, the isophotal TF relation results in a significant improvement in the scatter for galaxies in the ZoA, and low surface brightness galaxies in general, because isophotal apertures are more robust in the face of significant stellar confusion.Comment: 12 pages, 10 figures, 4 tables, accepted for publication in MNRA

Galaxy peculiar velocities in the Zone of Avoidance

Dust extinction and stellar confusion of the Milky Way hinder the detection of galaxies at low Galactic latitude, creating the so-called Zone of Avoidance (ZoA). This has hampered our understanding of the local dynamics, cosmic flow fields and the origin of the Cosmic Microwave Background dipole. The ZoA ($|b| \le 5^\circ$) is also excluded from the "whole-sky" Two Micron All-Sky Survey (2MASS) Redshift Survey (2MRS) and 2MASS Tully-Fisher Survey (2MTF). The latter aims to provide distances and peculiar velocities for all bright inclined 2MASS galaxies with $K_s^o$ \leq 11\hbox{.\!\!^{\rm m}}25. Correspondingly, knowledge about the density distribution in the ZoA remains limited to statistical interpolations. To improve on this bias we pursued two different surveys to fill in the southern and northern ZoA. These data will allow a direct measurement of galaxy peculiar velocities. In this paper we will present a newly derived optimized Tully-Fisher (TF) relation that allow accurate measures of galaxy distances and peculiar velocities for dust-obscured galaxies. We discuss further corrections for magnitudes and biases and present some preliminary results on flow fields in the southern ZoA.Comment: 6 pages, 3 figures, to appear in Proceedings of SAIP2013, the 58th Annual Conference of the South African Institute of Physics, edited by Roelf Botha and Thulani Jili (SAIP and University of Zululand, 2014). ISBN: 978-0-620-62819-

Analisa Dampak Angkutan Peti Kemas terhadap Arus Lalu Lintas di Kota Pontianak

Berdasarkan ketetapan Peraturan Walikota Pontianak Nomor 36 Tahun 2013 Tentang Ketentuan pengoperasian kendaraan Bermotor dalam wilayah Kota Pontianak menetapkan Lintasan dapat diketahui daftar jalan yang diperbolehkan /diizinkan dilewati jenis kendaraan angkutan barang truk head dengan kereta gandengan panjang 40 feet, yang memiliki muatan sumbu terberat (MST) maksimal 8 ( Delapan) Ton . Penelitian ini menyajikan pengaruh angkutan peti kemas terhadap arus lalu lintas pada ruas jalan Pak Kasih – Tanjungpura – Imam Bonjol – Adisucipto dan dilakukan selama empat hari dari jam 06.00 – 18.00 WIB. Parameter yang dianalisa berupa data volume lalu lintas, hambatan samping serta geometrik jalan pada ruas jalan yang diteliti. Kemudian dari data tersebut dilakukan analisa pengaruh angkutan peti kemas terhadap derajat kejenuhannya dalam dua periode yaitu periode 1 jam dan 15 menit. Hasil penelitian tersebut yaitu 1) Tingkat pelayanan kinerja jalan sebagai akibat pengaruh angkutan peti kemas yang melintas tidak mengalami penurunan secara signifikan terhadap tingkat pelayanan jalan tersebut dimana jalan Pak Kasih yaitu Tingkat A, jalan Tanjungpura yaitu Tingkatan B, jalan Imam Bonjol yaitu Tingkat A dan jalan Adisucipto yaitu tingkat A. 2) Berdasarkan analisa data tentang pengaruh volume angkutan peti kemas terhadap arus lalu lintas untuk periode 1 jam di Kota Pontianak tidak terlalu besar,hal ini dapat terlihat yaitu Derajat kejenuhan pada jalan Pak kasih dari adanya angkutan peti kemas sebesar 0,319 dan tidak adanya angkutan peti kemas menjadi 0.316, Derajat kejenuhan pada jalan Tanjungpura dari adanya angkutan peti kemas sebesar 0,564 dan tidak adanya angkutan peti kemas menjadi 0,559, Derajat kejenuhan pada jalan Imam Bonjol dari adanya angkutan peti kemas sebesar 0,370 dan tidak adanya angkutan peti kemas menjadi 0,366, Derajat kejenuhan pada jalan Adisucipto dari adanya angkutan peti kemas sebesar 0,350 dan tidak adanya angkutan peti kemas menjadi 0,347 sedangkan dari hasil perhitungan analisa derajat kejenuhan jalan dalam periode 15 menit di kota Pontianak maka dapat diketahui pengaruh angkutan peti kemas yaitu derajat kejenuhan pada jalan Pak kasih dari kondisi tanpa 0,24078 serta kondisi maksimal angkutan peti kemas sebesar 0,24972, derajat kejenuhan pada jalan Pak Tanjungpura dari kondisi tanpa angkutan peti kemas 0,52990 serta kondisi maksimal angkutan peti kemas sebesar 0,37992. Derajat kejenuhan pada jalan Imam Bonjol dari kondisi tanpa angkutan peti kemas sebesar 0,33432 serta kondisi maksimal angkutan peti kemas sebesar 447 smp/15menit dan 0,30302. Penyebab DS yang tidak signifikan menunjukkan pengaruh truk peti kemas terhadap arus lalu lintas yang tidak berpengaruh besar tehadap kinerja jalan yang ditinjau

Reforming Copyright Interpretation

This Article describes two dimensions of largely unacknowledged and unconstrained realms of interpretive complexity that judges face. First, judges make decisions about sources of interpretive authority somewhere on an axis, one end of which would vest interpretive authority entirely in the text and the other entirely in the context, around or beyond the text. This Article terms this spectrum of judicial decision-making the Text/Context axis. Second, judges must decide what interpretive mode to use in approaching the text, and here they make decisions somewhere along an axis where one end represents analysis or exegesis of the works and the other end represents judicial intuition. This Article terms this second realm of copyright’s interpretive complexity the Analysis/Intuition axis. These two axes help explain copyright’s interpretive choice regime. Along the Analysis/Intuition axis, judges must decide whether (1) to offer affirmative analysis of the text of the works at issue, explaining their reasoning but perhaps constraining their future decision-making and leaving them vulnerable to greater reversal rates, or (2) to offer conclusions about the works at issue, justified by what appears to be little more than judicial intuition. Along the Text/Context axis, when considering potentially copyrightable works, whether judging them through analysis or through intuition, judges must decide (1) whether to focus on the work itself (a text-based approach) or (2) to consider the context around the work (a contextualist approach). These interpretive choices may also dictate whether questions may be resolved by the judge as a matter of law or whether they require further consideration by a jury or a judge acting as the trier of fact. Furthermore, interpretive choice may determine what level of constraint a judge will impose on her own analysis to ensure its legitimacy: Is judicial fiat (or gestalt) sufficient, or must the judge “show her work,” that is, “give reasons”? This Article will demonstrate that in how they choose to interpret works, even though these choices rarely surface as such. This Article recasts interpretive choices as integral to copyright law: They make the law operate properly. Copyright adjudication requires judges to adopt interpretive methodologies, whether or not they address them explicitly. Interpretive choices can offer some explanation for the great divergence in outcomes and reasoning seen in infringement analysis more generally. Recognizing its importance can improve the cogency of copyright doctrine throughout litigation. Here, this Article makes no claims about the indeterminacy of textual meaning, or what we might term the “semiotic indeterminacy thesis” which interested early law-and-literature scholars. Instead, this Article aspires to show that something else important and little remarked upon is taking place. Judges make difficult interpretive choices that can be helpfully viewed as taking place along two predictable axes of complexity. The actual range of interpretive methods used by judges contains many variations, but for conceptual clarity distilling those choices into two pairings—Analytical/Intuitive and Text/Context—helps illuminate the impact the interpretive method has on the outcome of a case. Accordingly, this Article seeks to make several contributions. First, it offers a descriptive theory of copyright’s interpretive practices by showing multiple points at which judges do, and indeed must, make complex but often unacknowledged interpretive decisions, along two different but interrelated axes. Second, it shows that judges make legally meaningful, but inconsistent, decisions about interpretive methods in copyright cases. The Article calls for greater methodological transparency, and it offers a few modest prescriptions about which interpretive methods might be best adopted, by whom, when, and why. It proposes that judges in copyright cases should be more inclined toward analysis than intuition and prioritize text over context, as default settings. Copyright law could benefit from a rule structured analytic system, a set of interpretive defaults that (1) prioritize analysis over intuition and (2) focus first on the work but then allow a reasonable “escape route,” or methodological second tier, to soften the possible harshness of the rule-based approach. A turn to analysis and an emphasis on text could constrain judicial discretion and steer judges toward more transparent reasoning. In turn, these interpretive defaults could help produce greater consistency and fairness. Part II shows how interpretive choices are built into copyright law along two interrelated axes of complexity and provides examples of cases in which judges make inconsistent choices along these interpretive axes in ways that can affect outcomes. It shows that there is little coherence or consistency in judicial method selection and that there is confusion about what might even count as a method. Part III argues against the reigning view that so-called nontechnical copyright cases are somehow interpretively simpler than technical ones, such as software cases. Part IV proposes a turn toward analysis and away from intuitionism, along with greater judicial emphasis on texts over context. Part V concludes

Fixing Copyright in Characters: Literary Perspectives on a Legal Problem

This Article argues for the benefits of an interdisciplinary approach to the problem of copyright’s internal inconsistencies. Character jurisprudence under copyright law misaligns with cultural and literary conceptions of character. Intellectual property law has taken insufficient account of important discrepancies among legal, cultural, and literary theories of character. Literature helps articulate what is at work in the doctrinal tensions in copyright’s character jurisprudence over which kind of character, if any, to protect independently, and how much of it, if any, to protect separately from the text. At the heart of the doctrinal confusion over the proper scope of protection for characters are a series of questions that literature can help answer: what is a character, and how can the law identify it as such? Can characters truly be protected independently of the work that embeds them, and if so, how much of the character should the law protect as such? What method should courts use to separate characters from their texts, for the purposes of assessing whether unauthorized uses of characters in new creative works constitute infringement? To whom do characters belong, and when? What should the law make of the role readers play in constructing, completing, and resuscitating characters? As the confused case law makes plain, the law does not have good tools to answer these questions, even though the factual scenarios at stake in litigation continue to press courts for solutions. The turn to literature yields insights into the proper scope not just of character protection, but also more broadly of the derivative work right, which scholars have cited as an important area for copyright reform. In clarifying the law’s doctrinal confusion, literary considerations can provide one piece in the larger puzzle of copyright reform. Ultimately, they can also help inform the inquiry into whether copyright or trademark, or neither, is proper for character protection. Part I sets out the purpose and evolution of protection for fictional characters under copyright law. It describes the dominant tests used to determine whether characters will be independently protected, and discusses the confusion that has arisen in the law. Part II addresses the proper scope of protection for characters by broadly tracing the evolution of characters through literary history. Literary history, theories, and texts demonstrate that the very factors that gave rise to characters’ centrality to modern literature may be the factors that make protecting them independently under copyright unworkable. After providing this literary background, Part II frames what the Article terms the “entanglement” problem. Starting in the eighteenth century, characters began to become more important, for readers and for markets. As characters rose in importance, I argue, they also became harder to extricate from their texts, for the purposes of treating them as independent pieces of intangible property under copyright law. Their disentanglement is a necessary, but inconsistent and often conclusory, part of copyright analysis that invites too much manipulation of the substantial similarity analysis. Part III argues that in spite of copyright’s stated commitment to aesthetic neutrality, the law surrounding characters is not neutral and will never be neutral. Copyright encourages and rewards the creation of visually rendered (or visually evocative) characters over literary (or purely verbal) ones. The law encourages the creation of what literary theory terms “flat” rather than “round” characters. Literary theory thus exposes the reductive nature of the law’s treatment of characters, and its simplistic view of the proper scope and implementation of independent copyright protection. Literary theory also points to another legal problem regarding copyright protection for characters: to the extent that readers play an important role in receiving and construing characters, thus “mentally completing” them, perhaps such characters cannot be seen to have satisfied copyright’s fixation requirement. Recent case law exploring the fixation requirement supports the idea that a work that undergoes constant change after the artist has completed it may fail to clear the fixation threshold. In the case of characters, the text in which the characters appeared would receive protection, in its fixed textual form, and its characters, as embedded in the work as mere collections of words, would be protected as part of that text. But the particular role readers play in adopting and engaging with and changing characters would effectively bar protection for characters independently of their originating texts. Thus, characters would no longer receive independent copyright protection. Part IV concludes by turning to alternatives the law might weigh in response to literature’s insights, and it provides a brief overview of the possibilities in both copyright and trademark. The Article concludes that copyright law would do well to take account of the ways in which literary texts and theories reveal characters to be much more complicated than copyright law currently contemplates. Although literary insights into character do not themselves require either expansion or contraction of protection—dependent as reforms are on policy concerns endogenous to copyright—they do fundamentally change the nature of the inquiry. These insights expand the law’s understanding of characters and highlight theoretical and doctrinal implications of the confusion currently stymieing character protection under copyright law