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Wiki Wiki Summary
Competitor analysis Competitive analysis in marketing and strategic management is an assessment of the strengths and weaknesses of current and potential competitors. This analysis provides both an offensive and defensive strategic context to identify opportunities and threats.
Competitors for the Crown of Scotland When the crown of Scotland became vacant in September 1290 on the death of the seven-year-old child Queen Margaret, 13 claimants to the throne came forward. Those with the most credible claims were John Balliol, Robert Bruce, John Hastings and Floris V, Count of Holland.
Sport of athletics Athletics is a group of sporting events that involves competitive running, jumping, throwing, and walking. The most common types of athletics competitions are track and field, road running, cross country running, and racewalking.
List of Dancing with the Stars (American TV series) competitors Dancing with the Stars is an American reality television show in which celebrity contestants and professional dance partners compete to be the best dancers, as determined by the show's judges and public voting. The series first broadcast in 2005, and thirty complete seasons have aired on ABC. During each season, competitors are progressively eliminated on the basis of public voting and scores received from the judges until only a few contestants remain.
Round-robin tournament A round-robin tournament (or all-play-all tournament) is a competition in which each contestant meets every other participant, usually in turn. A round-robin contrasts with an elimination tournament, in which participants are eliminated after a certain number of losses.
Natural number In mathematics, the natural numbers are those numbers used for counting (as in "there are six coins on the table") and ordering (as in "this is the third largest city in the country"). \nNumbers used for counting are called cardinal numbers, and numbers used for ordering are called ordinal numbers.
Fraktur Fracture is the separation of an object or material into two or more pieces under the action of stress. The fracture of a solid usually occurs due to the development of certain displacement discontinuity surfaces within the solid.
Enclosed Alphanumerics Enclosed Alphanumerics is a Unicode block of typographical symbols of an alphanumeric within a circle, a bracket or other not-closed enclosure, or ending in a full stop.\nIt is currently fully allocated.
N,N-Dimethyltryptamine N,N-Dimethyltryptamine (DMT or N,N-DMT) is a substituted tryptamine that occurs in many plants and animals, including human beings, and which is both a derivative and a structural analog of tryptamine. It is used as a recreational psychedelic drug and prepared by various cultures for ritual purposes as an entheogen.DMT has a rapid onset, intense effects, and a relatively short duration of action.
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; French: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations.
TRIPS Agreement The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations.
Indigenous intellectual property Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history.
Intellectual property infringement An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, and trade secrets.
Outline of intellectual property The following outline is provided as an overview of and topical guide to intellectual property:\nIntellectual property – intangible assets such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets.
World Intellectual Property Indicators World Intellectual Property Indicators (WIPI) is an annual statistical report published by the World Intellectual Property Organization (WIPO). The publication provides an overview of the activity in the areas of patents, utility models, trademarks, industrial designs, microorganisms, plant variety protection, geographical indications and the creative economy.
Semiconductor intellectual property core In electronic design, a semiconductor intellectual property core (SIP core), IP core, or IP block is a reusable unit of logic, cell, or integrated circuit layout design that is the intellectual property of one party. IP cores can be licensed to another party or owned and used by a single party.
Raytheon Technologies Raytheon Technologies Corporation is an American multinational aerospace and defense conglomerate headquartered in Waltham, Massachusetts. It is one of the largest aerospace, intelligence services providers, and defense manufacturers in the world by revenue and market capitalization.
Intellectual disability Intellectual disability (ID), also known as general learning disability in the United Kingdom and formerly mental retardation (MR), is a generalized neurodevelopmental disorder characterized by significantly impaired intellectual and adaptive functioning. It is defined by an IQ under 70, in addition to deficits in two or more adaptive behaviors that affect everyday, general living.
Intellectual honesty Intellectual honesty is an applied method of problem solving, characterised by an unbiased, honest attitude, which can be demonstrated in a number of different ways:\n\nOne's personal beliefs or politics do not interfere with the pursuit of truth;\nRelevant facts and information are not purposefully omitted even when such things may contradict one's hypothesis;\nFacts are presented in an unbiased manner, and not twisted to give misleading impressions or to support one view over another;\nReferences, or earlier work, are acknowledged where possible, and plagiarism is avoided.Harvard ethicist Louis M. Guenin describes the "kernel" of intellectual honesty to be "a virtuous disposition to eschew deception when given an incentive for deception".Intentionally committed fallacies in debates and reasoning are called intellectual dishonesty.\n\n\n== See also ==\nAcademic honesty\nConflict of interest\nEpistemic feedback\nGood faith\nIntellectual\nList of fallacies\nScientific method\nSophism\nSystemic bias\n\n\n== References ==\nNotes\n\nFurther reading\n\nToledo-Pereyra, Luis H. (2002).
Intellectual giftedness Intellectual giftedness is an intellectual ability significantly higher than average. It is a characteristic of children, variously defined, that motivates differences in school programming.
Significant form Significant form refers to an aesthetic theory developed by English art critic Clive Bell which specified a set of criteria for what qualified as a work of art.
Significant Others The term significant other (SO) has different uses in psychology and in colloquial language. Colloquially "significant other" is used as a gender-neutral term for a person's partner in an intimate relationship without disclosing or presuming anything about marital status, relationship status, gender identity, or sexual orientation.
Statistical significance In statistical hypothesis testing, a result has statistical significance when it is very unlikely to have occurred given the null hypothesis. More precisely, a study's defined significance level, denoted by \n \n \n \n α\n \n \n {\displaystyle \alpha }\n , is the probability of the study rejecting the null hypothesis, given that the null hypothesis is true; and the p-value of a result, \n \n \n \n p\n \n \n {\displaystyle p}\n , is the probability of obtaining a result at least as extreme, given that the null hypothesis is true.
Significant Mother Significant Mother is an American television sitcom created by Erin Cardillo and Richard Keith. Starring Josh Zuckerman, Nathaniel Buzolic and Krista Allen, it premiered on The CW network on August 3 and ended its run on October 5, 2015.
Copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned.
Adverse Adverse or adverse interest, in law, is anything that functions contrary to a party's interest. This word should not be confused with averse.
Adverse effect An adverse effect is an undesired harmful effect resulting from a medication or other intervention, such as surgery. An adverse effect may be termed a "side effect", when judged to be secondary to a main or therapeutic effect.
Adverse possession Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a tenant or licensee of the legal owner.
Anthony Adverse Anthony Adverse is a 1936 American epic historical drama film directed by Mervyn LeRoy and starring Fredric March and Olivia de Havilland. The screenplay by Sheridan Gibney draws elements of its plot from eight of the nine books in Hervey Allen's historical novel, Anthony Adverse.
Material adverse change In the fields of mergers and acquisitions and corporate finance, a material adverse change (abbreviated MAC), material adverse event (MAE), or material adverse effect (also MAE) is a change in circumstances that significantly reduces the value of a company. A contract to acquire, invest in, or lend money to a company often contains a term that allows the acquirer, investor, or lender to cancel the transaction if a material adverse change occurs.
Mergers and acquisitions In corporate finance, mergers and acquisitions (M&A) are transactions in which the ownership of companies, other business organizations, or their operating units are transferred or consolidated with other entities. As an aspect of strategic management, M&A can allow enterprises to grow or downsize, and change the nature of their business or competitive position.
Preferred stock Preferred stock (also called preferred shares, preference shares, or simply preferreds) is a component of share capital that may have any combination of features not possessed by common stock, including properties of both an equity and a debt instrument, and is generally considered a hybrid instrument. Preferred stocks are senior (i.e., higher ranking) to common stock but subordinate to bonds in terms of claim (or rights to their share of the assets of the company, given that such assets are payable to the returnee stock bond) and may have priority over common stock (ordinary shares) in the payment of dividends and upon liquidation.
Fidelity Investments Fidelity Investments Inc., commonly referred to as Fidelity, earlier as Fidelity Management & Research or FMR, is an American multinational financial services corporation based in Boston, Massachusetts. The company was established in 1946 and is one of the largest asset managers in the world with $4.5 trillion in assets under management, now as of December 2021 their assets under administration amounts to $11.8 trillion.
Ariel Investments Ariel Investments is an investment company located in Chicago, Illinois. It specializes in small and mid-capitalized stocks based in the United States.
Investment banking Investment banking denotes certain activities of a financial services company or a corporate division that consist in advisory-based financial transactions on behalf of individuals, corporations, and governments. Traditionally associated with corporate finance, such a bank might assist in raising financial capital by underwriting or acting as the client's agent in the issuance of debt or equity securities.
Risk Factors
NOVELL INC Item 1A Risk Factors Our NetWare revenue stream continues to deteriorate
Our strategy is to offset these declines by sales of our next generation of NetWare enterprise-ready operating system and services, Open Enterprise Server, which gives customers the opportunity to choose between a NetWare operating system and a Linux operating system, providing NetWare customers a means to migrate to Linux and open source solutions
However, NetWare and OES combined license and maintenance revenue of our business declined by dlra21dtta4 million in fiscal 2005, excluding the impact of favorable foreign exchange rates
If our strategy is unsuccessful, our NetWare and OES revenue stream will deteriorate faster than the growth of revenue streams from our other products
If our identity-driven computing solutions and Linux and platform services solutions do not grow at the rate we anticipate, our growth will be negatively impacted
We have focused on these offerings because we believe that identity-driven solutions and open source platforms are two of the fastest growing segments in our industry, and we believe that they represent the best opportunity for us to profitably grow our revenue
Our ability to achieve success with this strategy is dependent on a number of factors including, but not limited to, the following: • the growth of these markets; • our development of key product solutions and upgrades; • the acceptance of our solutions by clients, particularly enterprise companies, large industry partners and major accounts; • enticing customers to upgrade from older versions of our products to newer versions; and • successfully selling technical support and other Novell solutions along with our products
We may not be able to successfully compete in a challenging market for computer software and consulting services
The industries we compete in are highly competitive
We expect competition to continue to increase both from existing competitors and new market entrants
Competitors of our identity-driven computing solutions and Linux and platform services solutions include Microsoft, IBM, Sun, HP, Altiris, Oracle, LANDesk, and 14 Novell annual report 2005 N _________________________________________________________________ [72]Table of Contents Computer Associates
Our primary competitor in the North America Linux market is Red Hat
Competitors of our global services and support group include IBM, Accenture, HP, CSC and Capgemini
Competitors of our Celerant consulting segment include AT Kearney, McKinsey & Co, IBM Global Services, Capgemini, and The Management Consulting Group
Many of our competitors have greater financial, technical and marketing resources than we have
We believe that competitive factors common to all of our segments include: • the pricing of our products and services and the pricing strategies of our competitors; • the timing and market acceptance of new solutions developed by us and our competitors; • brand and product awareness; • the performance, reliability and security of our products; • the ability to preserve our legacy customer base; • our ability to establish and maintain key strategic relationships with distributors, resellers and other partners; and • our ability to attract and retain highly qualified development, consulting and managerial personnel
If third parties claim that we infringed upon their intellectual property, our ability to use some technologies and products could be limited and we may incur significant costs to resolve these claims
Litigation regarding intellectual property rights is common in the software industry
We have from time to time received letters or been the subject of claims suggesting that we are infringing upon the intellectual rights of others
In addition, we have faced and expect to continue to face from time to time disputes over rights and obligations concerning intellectual property
The cost and time of defending ourselves can be significant
If an infringement claim is successful, we and our customers may be required to obtain one or more licenses from third parties, and we may be obligated to pay or reimburse our customers for monetary damages
In such instances, we or our customers may not be able to obtain necessary licenses from third parties at a reasonable cost or at all, and may face delays in product shipment while developing or arranging for alternative technologies, which could adversely affect our operating results
In the event claims for indemnification are brought for intellectual property infringement, we could incur significant expenses, thereby adversely affecting our results of operations
We indemnify customers against certain claims that our products infringe upon the intellectual property rights of others
Additionally, under our Novell Linux Indemnification Program, we offer indemnification for copyright infringement claims made by third parties against registered Novell customers who obtain SUSE Linux Enterprise Server 8, SUSE Linux Enterprise Server 9, SUSE Linux Retail Solution, and Novell Linux Desktop, and who, after January 12, 2004, obtain upgrade protection and a qualifying technical support contract from us or a participating channel partner
Although indemnification programs for proprietary software are common in our industry, indemnification programs that cover open source software are not
For example, SCO has brought claims against two end users of Linux and has threatened to bring claims against other end users of Linux arising out of the facts alleged in SCO’s lawsuit against IBM and in SCO’s public statements
In the event that claims for indemnification are brought for intellectual property infringement, we could incur significant expense reimbursing customers for their legal costs and, in the event those claims are successful, for damages
Novell annual report 2005 15 N _________________________________________________________________ [73]Table of Contents Legal actions being taken by SCO could adversely affect our revenue and business plan if these legal actions cause a reduction in demand for our SUSE Linux and Ximian^® products
SCO filed a legal action in March 2003 against IBM alleging, among other things, that Linux is an unauthorized derivative of UNIX and that portions of UNIX intellectual property that SCO alleges it owns have been included in the Linux operating system without authorization
In addition, SCO has warned that legal liability for the use of Linux may extend to commercial users, has threatened users with litigation and sought licensing fees from them, and more recently has filed Linux related suits against other parties
As discussed below, SCO has sued Novell for slander of title relating to disputes about whether Novell or SCO owns the copyrights to UNIX, on which some of SCO’s Linux-related claims depend
It is possible that SCO’s actions may reduce general demand for Linux and Linux related products and services
In this event, demand for our Linux (or open source) products and services could decrease, thereby reducing revenue, and would otherwise adversely affect our business since we have made a strategic decision to become active in the Linux market
A lawsuit filed against us by SCO could result in a substantial judgment against us and adversely affect our revenue and business plan if they are successful
In January 2004, SCO filed suit against us in the Third Judicial District Court of Salt Lake County, State of Utah
We removed the claim to the US District Court, District of Utah
SCO’s original complaint alleged that our public statements and filings regarding the ownership of the copyrights in UNIX and UnixWare have harmed SCO’s business reputation and affected its efforts to protect its ownership interest in UNIX and UnixWare
The District Court dismissed the original complaint, but allowed SCO an opportunity to file an amended complaint, which SCO did in July 2004
As with the original complaint, SCO is again seeking to require us to assign all copyrights that we have registered in UNIX and UnixWare to SCO, to prevent us from representing that we have any ownership interest in the UNIX and UnixWare copyrights and to require us to withdraw all representations we have made regarding our ownership of the UNIX and UnixWare copyrights and to pay actual, special and punitive damages in an amount to be proven at trial
Our revenue and business plan could be adversely affected if SCO is ultimately successful
We have experienced delays in the introduction of new products due to various factors, resulting in lost revenue
We have in the past experienced delays in the introduction of new products due to a number of factors, including the complexity of software products, the need for extensive testing of software to ensure compatibility of new releases with a wide variety of application software and hardware devices, the need to “debug” products prior to extensive distribution, and with regard to our open-source products, our increasing reliance on the work of third parties not employed by Novell
Additionally, our open source offerings depend to a large extent on the efforts of developers not employed by us for the creation and update of open source technologies
For example, Linus Torvalds, the original developer of the Linux kernel, and a small group of engineers, many of whom are not employed by us, are primarily responsible for the development and evolution of the Linux kernel that is a key component of our Open Enterprise Server offering
The timing and nature of new releases of the Linux kernel are controlled by these third parties
Delays in developing, completing, or shipping new or enhanced products could result in delayed or reduced revenue for those products and could adversely impact customer acceptance of those offerings
We benefit from the open source contributions of third-party programmers and corporations, and if they cease to make these contributions, our product strategy could be adversely affected
Our open source offerings depend to a large extent on the efforts of developers not employed by us for the creation and update of open source technologies
Also, we and many other corporations contribute software into the open source movement
If key members, or a significant percentage, of this group of developers or 16 Novell annual report 2005 N _________________________________________________________________ [74]Table of Contents corporations decides to cease development of the Linux kernel or other open source applications, we would have to either rely on another party (or parties) to develop these technologies, develop them ourselves or adapt our product strategy accordingly
This could increase our development expenses, delay our product releases and upgrades or adversely impact customer acceptance of open source offerings
We may not be able to attract and retain qualified personnel because of the intense competition for qualified personnel in the computer and consulting industries
Our ability to maintain our competitive technological position depends, in large part, on our ability to attract and retain highly qualified development, consulting, and managerial personnel
Competition for personnel of the highest caliber is intense in the software and consulting industries
The loss of certain key individuals, or a significant group of key personnel, would adversely affect our performance
The failure to successfully hire suitable replacements in a timely manner could have a material adverse effect on our business
If our relationships with other IT services organizations become impaired we could lose business
We maintain relationships with IT services organizations that recommend, design and implement solutions that include our products for their customers’ businesses
A change in the willingness of these IT service organizations to do business with us or recommend our products could result in lower revenue
The success of our acquisitions is dependent on our ability to integrate personnel, operations and technology, and if we are not successful, our revenue will not grow at the rate we anticipate
Achieving the benefits of acquisitions will depend in part on the successful integration of personnel, operations and technology
The integration of acquisitions will be subject to risks and will require significant expenditure of time and resources
The challenges involved in integrating acquisitions include the following: • obtaining synergies from the companies’ organizations; • obtaining synergies from the companies’ service and product offerings effectively and quickly; • bringing together marketing efforts so that the market receives useful information about the combined companies and their products; • coordinating sales efforts so that customers can do business easily with the combined companies; • integrating product offerings, technology, back office, human resources, accounting and financial systems; • assimilating employees who come from diverse corporate cultural backgrounds into a common business culture revolving around our solutions offerings; and • retaining key officers and employees who possess the necessary skills and experience to quickly and effectively transition and integrate the businesses
Failure to effectively and timely complete the integration of acquisitions could materially harm the business and operating results of the combined companies
In addition, goodwill related to any acquisitions could become impaired
Furthermore, we may assume significant liabilities in connection with acquisitions we make or become responsible for liabilities of the acquired businesses
Novell annual report 2005 17 N _________________________________________________________________ [75]Table of Contents Our financial and operating results may vary and may fall below analysts’ estimates, which may cause the price of our common stock to decline
We currently provide estimates of our revenue and earnings per share for only the upcoming quarter, and the first quarter of fiscal 2006 is the first time where we have provided such guidance in several years
Our operating results may fluctuate from quarter to quarter due to a variety of factors including, but not limited to: • timing of orders from customers and shipments to customers; • impact of foreign currency exchange rates on the price of our products in international locations; • inability to respond to the decline in revenue through the distribution channel; • inability to deliver solutions as expected by our customers and systems integration partners
In addition, we often experience a higher volume of revenue at the end of each quarter and during the fourth quarter of our fiscal year
Because of this, fixed costs that are out of line with revenue levels may not be detected until late in any given quarter and results of operations could be adversely affected
Due to these factors or other unanticipated events, quarter-to-quarter comparisons of our operating results may not be reliable indicators of our future performance
In addition, from time to time our quarterly financial results may fall below the expectations of the securities and industry analysts who publish reports on our company, or of investors generally
This could cause the market price of our securities to decline, perhaps significantly
We face increased risks in conducting a global business
We are a global corporation with subsidiaries, offices and employees around the world and, as such, we face risks in doing business abroad that we do not face domestically
Certain aspects inherent in transacting business internationally could negatively impact our operating results, including: • costs and difficulties in staffing and managing international operations; • unexpected changes in regulatory requirements; • tariffs and other trade barriers; • difficulties in enforcing contractual and intellectual property rights; • longer payment cycles; • local political and economic conditions; • potentially adverse tax consequences, including restrictions on repatriating earnings and the threat of “double taxation”; and • fluctuations in currency exchange rates, which can affect demand and increase our costs
We may not be able to protect our confidential information, and this could adversely affect our business
We generally enter into contractual relationships with our employees that protect our confidential information
The misappropriation of our trade secrets or other proprietary information could seriously harm our business
In addition, we may not be able to timely detect unauthorized use of our intellectual property and take appropriate steps to enforce our rights
In the event we are unable to enforce these contractual obligations and our intellectual property rights, our business could be adversely affected
18 Novell annual report 2005 N _________________________________________________________________ [76]Table of Contents Some of our short-term, long-term, and venture capital fund investments have become impaired and additional investments could become impaired
Our investment portfolio includes investments in public equity securities, small capitalization stocks in the high-technology industry sector, private companies, and funds managed by venture capitalists
Many of these investments might become other-than-temporarily impaired
During our fiscal years ended October 31, 2005, 2004 and 2003, we recorded impairment charges of dlra3dtta4 million, dlra5dtta4 million and dlra34dtta7 million, respectively, related to some of the investments in our portfolio that experienced an other-than-temporary decline in market value
If the funds in which we have invested suffer poor financial performance, or if the private companies in which we have invested are not successfully acquired or undertake initial public offerings, the value of our investments may decrease further
Our consulting services contracts contain pricing risks and, if our estimates prove inaccurate, we could lose money
Our IT and Celerant consulting businesses derive a portion of their revenue from fixed-price, fixed-time contracts
Because of the complex nature of the services provided, it is sometimes difficult to accurately estimate the cost, scope and duration of particular client engagements
If we do not accurately estimate the resources required for a project, do not accurately assess the scope of work associated with a project, do not manage the project properly, or do not satisfy our obligations in a manner consistent with the contract, then our costs to complete the project could increase substantially
We have occasionally had to commit unanticipated additional resources to complete projects, and may have to take similar action in the future
We may not be compensated for these additional costs or the commitment of these additional resources
Additionally, our Celerant consulting business derives revenue from projects priced on a contingency basis
If results are not met, or if a dispute arises, we may not be able to realize a proportion of the overall fee, which is dependent on project achievements
Our IT and Celerant consulting clients may cancel or reduce the scope of their engagements with us on short notice
If our clients cancel or reduce the scope of an engagement with our IT or Celerant consulting businesses, we may be unable to reassign our professionals to new engagements without delay
Personnel and related costs constitute a substantial portion of our operating expenses
Because these expenses are relatively fixed, and because we establish the levels of these expenses well in advance of any particular quarter, cancellations or reductions in the scope of client engagements could result in the under-utilization of our professional services employees, causing significant reductions in operating results for a particular quarter
Conversion of the Debentures into shares of our common stock will dilute the ownership interests of existing stockholders
The conversion of some or all of the Debentures into shares of common stock will dilute the ownership interest of existing common stockholders
Any large volume sales in the public market of the common stock issued upon such conversion could adversely affect prevailing market prices of our common stock
In addition, the existence of the Debentures may encourage short selling by market participants because the conversion of the Debentures could depress the price of our common stock