ETD: 899 Requests for Proposal; Supreme Court: File-Sharing
Services May Be Sued; Tabletop Goes toward Casual Luxury
E-Tailer's Digest
etd_post at gapent.com
Tue Jun 28 11:48:14 GMT 2005
E-Tailer's Digest --- Everything for the Retailer
Issue #0899 June 28, 2005
George Matyjewicz, Moderator mailto:georgem at gapent.com
Published by: GAP Enterprises, Ltd. http://www.etailersdigest.com
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CONTENTS
[1] Greetings
[2] Requests for Proposal
[3] Supreme Court: File-Sharing Services May Be Sued
[4] Tabletop Goes toward Casual Luxury
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[1] Greetings.
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Hi All:
Today we offer some tips on Requests For Proposal (RFP) - how to analyze
the bids. Hopefully useful information for all.
The Supreme Court voted on file-sharing services, i.e., Kazaa, Grokster
which will affect a lot of people. The WSJ has a survey of what you think
about the decision. What do you think? Should file-sharing services allow
you to extract music from other machines (in a peer-to-peer
network)? Should these services take the livelihood away from writers and
artists who make their money from the sales? Should there be another way
to charge a fee for these "services?" Should we ignore "intellectual
property", i.e., the work of someone who uses his/her intellect to create
something? What do you think?
Pam Danziger is now focusing on the tabletop market and it's entry into
"casual luxury." It could be very valuable if you sell those items.
Now, let's get to everything for the retailer.
Sincerely
George Matyjewicz, PhD
Chief Global Strategist, GAP Enterprises, Ltd.
mailto:georgem at gapent.com
http://www.etailersdigest.com
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[2] Requests for Proposal
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We are working with a client helping to reorganize their operation and
bring in a new technology system. I would like to share some of our
experiences with you:
1. When doing an RFP, be sure you have a method of analyzing the
results. We have the vendors complete a spreadsheet, which we then
summarize for analysis. In doing so, be certain the vendor does not add
columns or rows.
2. When the summary is finished, take the file to Kinko's and have them
blown up to poster size for presentation. In our case, our sheets are 590
rows with columns to BD. So, we had to divide the sheets into seven
separate ones in order for Kinko's to print properly. We had them printed
36" by whatever length it takes (which was 100")
3. Summarize and average the costs and plot all bidders against the
average. This will tell you where they fall in the overall project.
4. Compare apples-to-apples. If you prepared your specs properly, you
will get equal bids. If you make it open, e.g., let them complete what
they have in narrative form, then your analysis will be more
difficult. Everybody has the tendency to present their best feature and
play down their weaknesses.
5. While you may send the RFP out to a large number of vendors, they may
not all respond. In conversation, it may sound like they have what you
seek, until you put it in writing. Then you learn they don't. We included
20 vendors in our universe, and received 9 bids.
6. When ready for a demonstration, prepare a list of items that are
important to you, and be sure the finalists demonstrates those items, or at
least addresses where they will modify their solutions to meet those
requirements. If you don't, you will be confused, i.e., the company with
the best WMS application will demonstrate that, whereas another company may
focus on the general ledger. They may not be your most desired application.
7. Make the selection unemotional. Don't select based on personalities of
the salesperson. You won't see him/her during the implementation. Be sure
you are comfortable with the implementation project manager.
These are some tips. I'll have more as we go through the finalization process.
George
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[3] Supreme Court: File-Sharing Services May Be Sued
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Internet file-sharing services will be held responsible if they intend for
their customers to use software primarily to swap songs and movies
illegally, the Supreme Court ruled today, rejecting warnings that the
lawsuits will stunt growth of cool tech gadgets such as the next iPod.
The unanimous decision sends the case back to lower court, which had ruled
in favor of file-sharing services Grokster Ltd. and StreamCast Networks on
the grounds that the companies couldn't be sued. The justices said there
was enough evidence of unlawful intent for the case to go to trial.
Industry Needs Protection
File-sharing services shouldn't get a free pass on bad behavior, justices said.
"We hold that one who distributes a device with the object of promoting its
use to infringe copyright, as shown by the clear expression or other
affirmative steps taken to foster infringement, is liable for the resulting
acts of infringement by third parties," Justice David H. Souter wrote for
the court.
At issue was whether the file-sharing services should be held liable even
if they have no direct control over what millions of online users are doing
with the software they provide for free. As much as 90 percent of songs and
movies copied on the file-sharing networks are downloaded illegally,
according to music industry filings.
The entertainment industry said it needed protection against the billions
of dollars in revenue they lose to illegal swapping. Consumer groups
worried that expanded liability will stifle the technology revolution of
the last two decades that brought video cassette recorders, MP3 players
and Apple's iPod.
Companies will have to pay music and movie artists for up to billions in
losses if they are found to have promoted illegal downloading.
Looking at Evidence
Two lower courts previously sided with Grokster without holding a trial.
They each based their decisions on the 1984 Supreme Court ruling that Sony
could not be sued over consumers who used its VCRs to make illegal copies
of movies.
The lower courts reasoned that, like VCRs, the file-sharing software can be
used for "substantial" legal purposes, such as giving away free songs, free
software or government documents. They also said the file-sharing services
were not legally responsible because they don't have central servers
pointing users to copyright material.
But in today's ruling, Souter said lower courts could find the file-sharing
services responsible by examining factors such as how companies marketed
the product or whether they took easily available steps to reduce
infringing uses.
"There is substantial evidence in MGM's favor on all elements of
inducement," Souter wrote.
Details...
http://www.ecommercetimes.com/story/44172.html
Go here for a survey...
"Do you agree with the Supreme Court's decision favoring the entertainment
industry in the Grokster case?"
http://discussions.wsj.com/n/mb/message.asp?webtag=wsjvoices&nav=messages&msg=3552
2775 people have voted so far as of 10:45 PM Monday.
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[4] Tabletop Goes toward Casual Luxury
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In mergers and acquisition circles tabletop companies (Dinnerware, Flatware
and Glassware) are getting a lot of scrutiny these days. Lifetime Brands,
which markets housewares brands Farberware, KitchenAid, Cuisinart, Hoffritz
and others, recently agreed to acquire casual dinnerware leader The
Pfaltzgraff Company. Venerable Waterford Wedgwood, crystal and china brand
in the luxury arena, bought up dinnerware and collectibles rival Royal
Doulton. And Oneida, of flatware fame, recently sold off its Buffalo China
dinnerware factory to an acquisitions group and has plans to divest its
four remaining factory locations.
These shifts highlight major changes afoot in the tabletop market as
affluent consumers pick up their spending on dinnerware, but not
necessarily in the luxury end, but toward 'casual luxury' that they use and
enjoy, not store away in cabinets and hutches.
Unity Marketing is launching a new consumer insights study targeting
consumer purchases in both the mass and 'class' segments to understand
purchase and shopping behavior and brand usage and preferences in tabletop,
dinnerware, flatware and glassware in order to provide the most current
market data for companies competing today.
Tabletop Has Been a Slow Growth Market but with Lots of Growth Potential
for Companies that Tap into the New Dining Experience
Traditionally, the tabletop market has been one characterized by steady,
but slow market growth. But as the consumer market is turning more
experiential and people hanker after new experiences to indulge in, a need
for new tabletop goods that enhance their home dining experiences is on the
rise, particularly among the luxury consumers.
From 2000 to 2004, roughly 15-17 percent of consumers purchased some
products in the tabletop category, according to Unity Marketing's research
published in the Home Report 2004. But in Unity Marketing's luxury
surveys, the overall purchase incidence of 'luxury' tabletop reached 24
percent in 2004, up from 19 percent in 2003. These findings indicate the
tabletop market is growing faster among luxury consumers, i.e. those with
household incomes at the top 25 percent of U.S. households (incomes $75,000
and above).
'New Luxury' Is about the Experience, not the Thing
Clearly some luxury consumers buy into the luxury fine dining paradigm when
they want to set their tables only with bone china place settings that go
for $500 on up, but more and more luxury consumers with the means to spend
that kind of money simply refuse to do so. They opt instead for a more
liveable, experiential option. They are not interested in buying dinnerware
to live with forever, but in designs they can enjoy for a season and be
done with it.
Their focus is fashion, fun, casual and affordable. The new luxury
consumers luxuriate in change and breaking out of the mold. Too much of the
fine tabletop market today is frigid formality, and not enough is casual
luxury.
Unity Marketing Is Undertaking a Major Consumer Research Study on the New
Tabletop Market. Unity Marketing proposes to conduct a new consumer
insights research study to help companies that market to the tabletop
consumer market understand the new dynamics in the marketplace.
This research study will focus on consumers who recently purchased one or
more of the key tabletop categories: Upstairs and downstairs dinnerware,
sterling and stainless flatware, crystal and glassware and other tabletop
accessories, such as tabletop linens, serving pieces, and others. It will
reveal who buys these items, what kinds they buy, how much they spend on
their tabletop purchases, and how they use, display and store these items.
Along with researching consumers' purchase behavior, the study will focus
on why people buy these products, what psychological and emotional needs
they fulfill and how they use tabletop products in their lives for everyday
dining, casual and formal entertaining.
In addition it will investigate what brands of tabletop they are familiar
with and what brands they actually buy. Both brand awareness and usage for
all tabletop product categories will be a subject of research.
With the focus on the consumer, their needs, desires and preferences, Unity
Marketing's research study will include focus groups to find out what
issues are of prime importance when shopping for and buying fine and casual
tabletop and a quantitative research survey among 750-to-1,000 recent
buyers to understand their tabletop purchase behavior, spending, shopping
patterns and brand preferences.
So if you are interested in participating in the new tabletop research
project or learning more about the opportunity, please call me at
717-336-1600, complete the request form for more information or respond by
email to pam at unitymarketingonline.com right away. Please respond by August
31, 2005 if you are interested in participating. Visit:
http://www.unitymarketingonline.com/reports2/tabletop/insights_study.html
Pam Danziger,
President
Unity Marketing, Inc.
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