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CS625-1-8 by yasir

The document discusses professional practices within the context of Information Technology and Software Engineering, emphasizing the importance of professionalism, ethical behavior, and various traits expected from professionals. It outlines the responsibilities of professionals, the structure of organizations, and the roles within a software company, including management and operational responsibilities. Additionally, it highlights the significance of applying professionalism in real-life scenarios and the traits that contribute to effective leadership.

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Yasir Ejaz
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0% found this document useful (0 votes)
13 views133 pages

CS625-1-8 by yasir

The document discusses professional practices within the context of Information Technology and Software Engineering, emphasizing the importance of professionalism, ethical behavior, and various traits expected from professionals. It outlines the responsibilities of professionals, the structure of organizations, and the roles within a software company, including management and operational responsibilities. Additionally, it highlights the significance of applying professionalism in real-life scenarios and the traits that contribute to effective leadership.

Uploaded by

Yasir Ejaz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 133

Professional Practices

CS 625

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Page 1
Week 1 Topic: The Profession
❑ Introduction

❑ Professionalism

❑ Traits of a Professional

❑ Applying Professionalism in Daily Life

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Introduction
❑ Profession: A paid occupation, especially one that involves
prolonged training and a formal qualification.

❑ Professional: A professional is a member of a profession or any


person who earns their living from a specified professional
activity. The term also describes the standards of education and
training that prepare members of the profession with the
particular knowledge and skills necessary to perform their
specific role within that profession.
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Professional Responsibilities

❑ With reference to Information Technology, Computer Science


or Software Engineering, the responsibilities of working
professionals in this area include network administration,
software development and installation, and the planning and
management of an organization's technology life cycle, by
which hardware and software is maintained, upgraded and
replaced.

❑ But these are not ENOUGH.


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Engineering Council states that other than
professional Knowledge, an Engineer must
know
❑ Technical decision making and its commercial and economic
implementation;…knowledge of government legislation
affecting work, e.g. safety, health, environmental requirements;
an understanding of the principles of management and
industrial relations; some knowledge of trade unions and their
organization; an understanding of the engineer’s responsibility
to the profession, to the community and to the environment
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The Professionalism

❑ A profession isn’t just what you do, it’s who you are.

❑ Professionalism is a way of thinking and living rather than an


accumulation of learning.

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Traits of a Profession

Four Traits of Profession

1. Varied activities requiring special skills

2. Society-centric motivation

3. Personal standards of excellence

4. Giving back to society

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A professional behaves ethically

❑ Ethics means something more than ‘law’ and ‘morals’.

❑ It carries an additional connotation of ‘rightness’.

▪ Breaking the law: can earn a fine or jail time

▪ Breaking a moral: can ruin your reputation

▪ Breaking an ethic: can ruin your conscience

It’s possible to break all three, simultaneously!

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Traits of a Professional

❑ Being a professional means that they are certain traits which are
expected from you.

❑ We will go through Each of them

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Trait # 1 of a professional: Seriousness

❑ Serious about job

❑ The job is only a job. A means to an end

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Trait # 2 of a professional: Wanting to do
better

❑ Exhibit a never-ending quest to improve their performance in


every variable, every project, every relationship, and every
detail.

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Trait # 3 of a professional: Dealing with the
Unexpected

❑ Stuff happens, things change, and the true professional rises to


the occasion

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Trait # 4 of a professional: Communication
Skills

❑ Clear

❑ Concise

❑ Confident

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Trait # 5 of a professional: Enthusiasm

❑ Attitude is everything. Those who exhibit enthusiasm for what


they do and greet each day with a positive attitude inevitably
become a leader

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Trait # 6 of a professional: Helpfulness

❑ Understand that real success in the workplace requires teamwork

❑ Always ready to lend a hand

❑ Make a suggestion

❑ Offer a compliment when it’s deserved

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Trait # 7 of a professional: Taking the
Initiative

❑ Takes the initiative to get things done

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Trait # 8 of a professional: Cool under
Pressure

❑ Level headed and calm

❑ Cheerful demeanor-even under stressful times

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Trait # 9 of a professional: Remains Focused

❑ Stay focused on the task at hand and the goal ahead

❑ Navigate through obstacles or setbacks but never lose sight of


where they headed

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Trait # 10 of a professional: Don’t Follow,
Lead

❑ True Professionals aren’t faint of heart

❑ Analyze the situation and willing to take new paths and try new
solutions

❑ That’s why they call it LEADERSHIP!

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Page 19
Applying Professionalism in Real Life

Scenario #1
❑ You are the owner of a software engineering company. Your
employees (engineers) want you to pay for them to attend
training.

❑ How would you respond in a way that is legal, moral, and


ethical?

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Scenario #2

❑ You are the owner of a software engineering company. Your


employees (engineers) want you to let them do pro bono work
for a local non-profit organization on company time.

❑ How would you respond in a way that is legal, moral, and


ethical?

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Scenario #3

❑ You are a software engineer at a company where management


routinely encourages you and your colleagues to use pirated
software.

❑ How would you respond in a way that is legal, moral, and


ethical?

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Thank you!

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Professional Practices

CS 625

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Page 1
Week 3 Topic: The Structure of
Organizations

❑ Introduction

❑ Legal form of organization

❑ Companies

❑ Types of Organizations

❑ Management of an organization

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Organization

❑ Impossible to live in a civilized society without close contact


with many large organizations

❑ Like schools, universities, public utilities, government and


local government departments, the Health Service, commercial
and industrial companies, and so on.

❑ In many ways, these organizations resemble each other.

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Legal Form of An organization
❑Law recognises individuals
▪ Enter into contracts

▪ Tried for crimes

▪ Sued

▪ Act of Parliament impose duties on the individual etc

❑Incorporation
▪ Making into a body (Corpus)

▪ Organization should be given a legal existence, through a


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Incorporated Organisations

❑ Incorporated

▪ Royal Charters – IET, BCS, IMechE, RAeS

▪ Acts of Parliament – Ceredigion County Council

▪ Public or Private Companies (Companies Act 1985 and 1989)

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Types of Commercial Organizations

1. Sole Trader

Local Shop, Plumber

2. Partnership

Doctors, Lawyers, Accountants

3. Limited Company

Private or Public

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Sole Trader

❑ Individual

▪ Sole person responsible for all debts

▪ All assets including “private” at risk

▪ Does NOT have to be the only employee

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Partnership
❑ Two or More People

❑ All at Risk. Similar to sole trader but >1 person

❑ Normally professionals

▪ Doctors

▪ Lawyers

▪ Accountants

❑ Inflexible in Normal Commercial World

▪ Movement of key Personnel

▪ Too risky
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Companies
❑ Public or Private Companies

▪ Public – Public Limited Company (PLC)


❑Trades shares to public

▪ Private – Company Limited (Co Ltd)


❑Cannot sell shares to Public
❑Can sell shares privately
❑Limited by Shares
❑Commercial Companies
❑Limited by Guarantee
❑Charities, Professional Bodies
❑(Unlimited Companies)

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Companies (Contd)

❑Independent Existence

❑Divided
▪ Shareholders

▪ Or Members of the Company

❑Normally > 1 shareholder

❑1992 Act allows single member

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Company Constitution

1. Share Capital

2. Company Constitution

3. Directors responsibilities

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1. Share Capital

❑ Shareholders (Subscribers) own Company

❑ At start of Company

▪ Authorised share capital

❑Number & Nominal (par) Value

❑Say 100 shares @ £1

❑If debts > assets Shareholder lose shares

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2. Company Constitution

a. Memorandum of Association

a. Controls External Relations

b. Articles of Association

a. Control Internal Relations

c. Shareholders Agreement

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a. Memorandum of Association
❑Company Name
▪ Restrictions

❑Country of Registration
▪ England & Wales, Wales, Scotland

❑Objects of Company
▪ Companies Act 1989 allow general commercial company

❑A Liability Clause
▪ Liability of members is limited

❑Authorised Share value


▪ Nominal Share Value
Free and Number
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b. Articles of Association
❑ Rules of Share capital

❑ Transfer of Shares

❑ Meetings of Members

❑ Rules Governing Directors’ Appointments

❑ Power of Directors

❑ Dividends and Reserves

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c. Shareholders Agreements
❑ Protect interests of minor shareholders

❑ Article of Association

▪ Changed at General Meeting

▪ Needs 75% majority

❑ Agreement Between Shareholders

▪ All must sign

▪ Can govern way voting is done

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3. Directors Responsibilities
❑ Directors Elected by Shareholders

▪ Act In best Interest of Company

▪ Honest

▪ Declare Interests

▪ Aware of Company’s Trading Position

▪ Executive & Non-Executive Directors

❑ Company Secretary

▪ Could be Director
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Functional Units of An Organization
Five groups of functions exist in almost any organization:

1.Production: Activities that directly contribute to creating the products or


services that the company sells.

2.Quality management: Quality activities necessary to ensure that quality of


the products and services produced is maintained at the agreed level.

3.Sales and Marketing: Sales is concerned directly with selling the product,
while marketing is concerned with establishing the environment in which the
product is sold (e.g. through advertising) and with deciding how the range of
products sold by the company should develop.

4. Finance and Administration: To pay bills, to look after its funds, All
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5. Research and development:

How can the company do better the things that it already

Does and what other things might it profitably be doing?

Geographical organization:
An organization operates in more than one country.

The most obvious examples are in the field of food and drink.

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Centralization v. decentralization

❑ In a centralized organization, the detailed operational decisions


are taken at the centre.

❑ In a decentralized organization, as many details as possible are


settled at local level.

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Management
❑ Mangers of organization can project manager, production
manager, general manager & Corporate manager.

❑ The goal of project managers is to produce systems which meet


the users’ needs, on time and within budget.

❑ Their main concerns are therefore planning, progress


monitoring, acquisition and allocation of resources, and quality
control.

❑ The tools of their trade are bar charts, activity networks, critical
path analysis, and so on.
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❑ Production Manager: Production management is concerned with
productivity, efficiency and maintenance of quality.

❑ General Manager: General or corporate management deals with


the management of the organization as a whole.

❑ Corporate Manager:

Corporate managers are responsible for the long-term strategy of the


organization.

Monitor the overall performance of the organization and be prepared


to handle serious problems which arise anywhere in the organization.

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Thank you!

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Professional Practices

CS 625

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Page 1
Week 4 Topic: Anatomy of Software House
❑ Introduction

❑ The Company (Software House)

❑ Structure of Company

❑ Management of Staff

❑ Producing the budget

❑ Monitoring Financial Performance

❑ Long term Planning

❑ Conclusions
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Introduction (The Company)
❑ A Hypothetical company

❑ Syniad Software Ltd was founded some ten years ago by four
friends.

❑ All four are members of the Board of Directors, along with two
others who were recruited later.

❑ The company specializes in the production of bespoke software


for clients who demand work of high quality.

❑ Syniad’s head office is in London. Other offices are in Man-


chester, Delft, Netherland.
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Company Structure

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Operations Director
❑ The Operations Director is responsible for all the revenue
earning operations of the company.

❑ It is his job to ensure that all projects are completed


satisfactorily

❑ And resources are available to carry out the projects that the
company wins;

❑ The personnel reports to him.

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Technical Director

The Technical Director is responsible for:

❑ Quality management;

❑ Research and development;

❑ Marketing at a technical level (e.g. arranging for staff to give


papers at conferences)

❑ Technical training (as opposed to training in, say, project


management or presentational skills, which are the
responsibility of the personnel function).
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Syniad’s Organizational Structure Type

❑ shows elements of all three of the types of organizational


structure.

1. Functional division of responsibilities

2. Geographical element (represented by the director responsible


for overseas operations)

3. Centralization and decentralization has little meaning


(Centralized policies and procedures are widely used but they
have usually been developed within one part of the company and
have been adopted by general consent.
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Centralized vs. Decentralized
❑ In theory, staff have a sense of belonging to a group and regard their
group manager as the manager who is permanently responsible for
their career in the company.

❑ In practice, because projects often require expertise from more than


one group, staff often find themselves working on projects for
groups other than the one to which they belong.

❑ In a company of the size of Syniad, the distinction between


centralization and decentralization has little meaning. Centralized
policies and procedures are widely used but they have usually been
developed within one part of the company and have been adopted by
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Page 8
general consent.
Management of staff
❑ New employees vs. Old employees…. OUTSIDER

Staff Appraisals:

❑ Employees’ achievements and contributions to the company


were properly recorded;

❑ Staff knew what was expected of them and what they needed to
achieve in order to gain promotion;

❑ Proper plans for training and career development were made and
regularly reviewed;

❑ Employees were aware of the company’s opinion of their


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Page 9
performance.
Producing the Budget

❑ Staff in the company are broadly divided into

1. Technical or Revenue earning staff and

2. Nonrevenue earning staff

❑ Both require different capital to work.

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Monitoring Financial Performance
❑ Monitoring Syniad’s performance against the budget should, in
principle, be straightforward.

❑ Each month, the income and expenditure under the various


heads are compared and, if significant deviations are observed,
corrective action is taken.

❑ In practice, this simple procedure presents many difficulties.

❑ To monitor financial performance, company focuses on;


1. Cost & Revenue
2. Project Costing
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1. Costs and revenue

❑ A major problem is caused by random fluctuations, themselves


the product of many individual factors, for example:

1. Annual Budget n Staff hiring


2. Large projects cause deviation in Budget
3. Fixed Price Project Estimation

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2. Project costing
❑ Because of these difficulties in monitoring the overall
performance of the company, Syniad also tries to monitor the
financial performance of individual projects, through a project
costing system.

❑ The costs and revenue of each project are calculated each


month and the cumulative gross margin (i.e. the difference
between total costs and total revenue to date on the project)
calculated as a percentage of the total revenue.

❑ In practice, this system does not work well.


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3. Sales
❑ The budgeted increase in revenue derives partly from increased
charge rates, partly from better staff utilization and partly from
an increased number of staff.

❑ All these factors are influenced by the forward sales position,


that is by the staff required and the rates earned on the work to
which the company is committed in the coming months.

❑ Two reports are used for assessing and monitoring the sales
position.

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3. Sales (Continued…)

1. The confirmed sales report shows, for each grade, the number
of staff in that grade who are committed to contracts in each of
the following twelve months and the total expected revenue
from that grade in each month.

2. The sales prospects report shows, for each sales prospect, the
potential value of the sale, its likelihood and the likely start
date.

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Long Term Planning
❑ Strategic Planning for future

❑ The ability to plan strategically and to achieve strategic objectives


is the hallmark of well run, successful companies.

❑ Strategic planning in Syniad has two related aspects.

1. The first is to identify appropriate long-term goals

2. Second is to identify and formulate plans to overcome


those problems which are inhibiting it from attaining these
goals.
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Long Term Planning involves

❑ Expansion Plans

❑ Company Image

❑ Product mix (Fee based revenue vs. Package Software)

❑ Finance (under-capitalization)

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Conclusions

❑ Syniad, despite its problems, is a successful and well-managed


company, however, they need to go multinational.

❑ Do directors have the expertise to manage this transition or to


run the resulting company?(agreements for collaboration with
comparable companies)

❑ Syniad has now reached a point where it can no longer thrive as


a private company and its future must, inevitably, be very
different from its past.
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Thank you!

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Professional Practices

CS 625

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Page 1
Week 5 Topic: Organizational Financial
Practices
▪ Introduction

▪ Need of Capital

▪ Sources of Funds

▪ Budgeting and Monitoring

▪ Working Capital & Cash Flow

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Introduction

❑ However good the quality of its products or services, no


organization can be successful for any length of time unless its
finances are soundly managed.

❑ Many young software engineers are attracted by the idea of


starting their own company.

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Need of Capital
❑ A group of new or recent graduates in computing decide to set
up their own company to provide software services and their
intention is typically to offer contract hire services

❑ A client is unlikely to pay an invoice within less than one month


of receiving it. Some large companies are notorious for not
paying invoices for as much as six or even twelve months.

❑ There will be a need to have some money with which to start


the venture.

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Need of Capital (continued)

❑ The group needs enough cash in hand to be able to live for at


least three months. Additional money will be needed for the
expenses of starting the company

❑ For large projects or packages, a much larger sum of money is


likely to be needed while they are being developed because
there will be no revenue coming into the company.

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Need of Capital (continued)

❑ For starting period cash will be needed for:

▪ Salaries

▪ rent rates, heating and lighting of the premises used

▪ equipment and consumables

▪ costs of advertising and marketing the products

▪ miscellaneous expenses, ranging from company stationery


to travelling expenses

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Need of Capital (continued)
❑ How does one set about raising this money? The first step is to
produce a business plan.

❑ It typically contains:

▪ a description of what the company will be doing, together


with information to show that it is technically feasible and
that founders of the company have the necessary expertise

▪ an assessment of the size of the market and the competition

▪ a prediction of the financial performance of the company

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Sources of funds

❑ They can be grouped into:

▪ Grants

▪ Loans

▪ Sale of Equity

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Grants
❑ A grant is a sum of money given to the company; while the
company is obliged to demonstrate that it has been used for the
purposes for which it was intended, it is not intended that the
grant should ever be paid back to the organization which gave it

❑ The availability of grants and other help for new companies


depends very much on where the company is located, how
many people it expects to employ, and on government policy at
the time.

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Loans

❑ A loan is a sum of money lent to the company; interest is


payable on it, at a rate that may be fixed or variable, and the
loan is usually for a fixed period

❑ The company is liable to pay back the loan and, if the company
goes into liquidation, the lender is entitled to recover the loan
from the sale of the assets of the company.

❑ In most cases, security is required for the loan

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Sale of Equity

❑ Equity capital is money paid to the company in exchange for a


share in the ownership of the company

❑ Shareholders are at a much greater risk of getting a poor return


on their capital or even losing it completely than are lenders but,
in compensation for this, they stand to make a greater profit
than lenders if all goes well

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Budgeting & Monitoring

❑ A budget is a prediction of the future financial position of an


organization covering , usually, the current or the next financial
year

❑ The ordinary manager in a company is, however, much more


concerned with budgeting for income and expenditure

❑ Budgeting is an iterative process

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Budgeting & Monitoring
❑ The first version of the budget is likely to show expenditure
exceeding income, since the operating managers will want to expand
their operations while the sales and marketing department will not
wish to give hostages to fortune by being over-optimistic about the
volume of sales it can generate. Adjustments will have to be made
repeatedly until a situation is reached in which budgeted sales exceed
budgeted expenditure with a reasonable profit margin; the
operational managers are happy that they can service the predicted
volume of sales with the budgeted staff levels; and the salesmen are
confident that they can produce the predicted sales
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Working Capital & Cash Flow

❑ It is perfectly possible for a company to be consistently


profitable and yet be unable to pay its bills

❑ Accounting normally operates on an accrual basis

❑ The value of work in progress

❑ It is usual to negotiate stage payments rather than leaving all


payment until the work is completed.

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Working Capital & Cash Flow (continued)
❑ Cash has therefore to be found to cover the gap between what a
company has to pay out in cash and what it receives in cash—
working capital

❑ A document “cash flow prediction” is the amount of cash


expected to be received and disbursed in each of the next twelve
months

❑ The bank specifies the maximum that can be borrowed on an


overdraft but interest is only payable on the amount actually
owed
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Thank you!

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Professional Practices

CS 625

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Page 1
Week 6 Topic: Human Resource
Management
❑ Introduction

❑ A model of Human Resource Management

❑ Training and Human Resource Management

❑ Health and Safety at Work

❑ Health and Safety Act 1974

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Introduction

❑ It is a function in organizations designed to maximize employee


performance in service of an employer's strategic objectives

❑ Management of people, staff training and development with a


strategic approach suggest that human resource management is
particularly appropriate for software work

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A model of human resource management

❑ A corresponding commitment to the organization is expected


from employees. They are therefore autonomous in the sense
of, to some degree, managing themselves.

❑ Human resource management is the responsibility of


all managers

❑ Maximum utilization of human resources available to the


enterprise.

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1-Long-term, strategic and proactive in style

❑ The problems associated with personnel in an information


technology environment require a disciplined approach to
establishing numbers of staff; the utilization of personnel; the
development and education of employees, together with the
construction of comprehensive human resource management
policies that are not only responsive to immediate needs but
also are building blocks for the medium- and long-term
corporate requirements

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2-Commitment to the organization

❑ The real challenge is to shift employee attitudes from mere


compliance with rules at work to commitment and self
motivation

❑ This signifies a commitment to staff development as part of


the “learning organization” and firm-specific skills that are less
transferable between firms. Skills include attendance,
flexibility, responsibility, discipline, identification with the
company and, crucially, work-rate.
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3-Self-management

❑ Team working is a vital element

❑ Direct and regular face-to-face contact between managers and


workers is emphasized. This builds trust and helps maintain
motivation

❑ The trick is to reconcile motivating individuals with team-


building because it is teams, not individuals, who complete
projects. Performance appraisal is central in HRM strategies

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4-Unitary perspective

❑ The entire enterprise is regarded as analogous to a team with


one focus of loyalty and one focus of authority

❑ A crucial part of keeping effective workers content is a system


where they can be promoted without having to become
managers

❑ At Microsoft a talented software developer can stay just that


and yet rise to the top tier of elite “architects”. These architects
are not company directors despite their seniority

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5-Maximum utilization of human resources

❑ It’s a difficult task specially in information technology


environment.

❑ It is the possibility of computer surveillance of work rate that


allows decision makers to look more critically now than ever
before at work output in offices

❑ Management gets the impression that the project is going well


and has no idea what’s actually happening at the grass roots
level. By the time they find out, it’s too late
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Training and human resource management

❑ Despite universities establishing more IT and computing


courses and applications rising strongly, the industry continues
to generate more vacancies than capable recruits

❑ Computing companies find that IT graduates often lack


transferable or “people-handling” skills, such as
communications and a broader knowledge of how businesses
work

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Training and human resource management

❑ Dr Neil Barrett, senior fellow at Bull, reckoned that “from an


industry point of view, we are often better placed to take people
with good generalist degrees and turn them into engineers”

❑ Computer scientists are people who understand the finer details


of software programming but cannot program. We have to start
again and teach them the methods and tricks we work with.

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Health and Safety at Work

❑ Health and safety at work usually only hits the headlines when
there is a major disaster

❑ In many high risk areas, the safety systems themselves are often
computer controlled

❑ Around 200 employees each year still die as a result of accidents


at work

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Health and Safety Act 1974
❑ 1.Premises, i.e. factory, office etc.

❑ 1.Employment is the only necessary criterion.

❑ 2. Specific requirements

❑ 2. General (and far-reaching) requirements

❑ 3. No requirements on manufacturers or suppliers

❑ 3. Creates comprehensive new duties for manufacturers and


suppliers of articles and substances for use at work

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Health and Safety Act 1974
❑ 4.Regulations for specific industries and processes: rigorous but
difficult to keep up to date in the face of rapidly changing
technology.

❑ 4. Specific regulations but couched in general terms and


supplemented by approved codes of practice that are more easily
updated.

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Thank you!

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Professional Practices

CS 625

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Page 1
Week 7 Topic: Intellectual Property Rights
❑ Introduction

❑ Confidential Information

❑ Patents

❑ Copyright

❑ Acts permitted in relation to copyright

❑ Remedies for breach of Copyright

❑ Plagiarism

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Introduction
❑ Intellectual property rights are often the most valuable assets
owned, used and developed by a software house.

❑ Intellectual property rights include:

▪ Confidential information

▪ Patents

▪ trade marks

▪ Designs

▪ Copyrights protecting computer programs


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Introduction (continued)

❑ They protect information stored by electronic means and all of


the paperwork which accompanies a program, such as the user
manual, plus any multimedia packages and most items on the
Web.

❑ Great care should be taken to protect, exploit and enforce


intellectual property

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Introduction (continued)
❑ The name under which a product is sold may be registered as a
trade mark

❑ the hardware or a process used in its manufacture may be


protected by a patent

❑ the look of the product may be registered in the Designs


Registry

❑ software can be protected by copyright

❑ the know-how which goes into the development of the product


may be protected as confidential information
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Introduction (continued)

❑ Unauthorized use of intellectual property can be stopped by


injunction and damages may be sought for infringement of
these rights

❑ The law is constantly changing with technological advance

❑ General Agreement on Tariffs and Trade (GATT) concerned


the protection of intellectual property rights in the face of
widespread piracy of software products

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Confidential Information
❑ Information “which is not public property and public knowledge”

❑ Any category of information, from personal confidences, to trade


secrets and sensitive government information, any or all of which a
computer scientist might handle in the course of his or her work, or all
or any of which a firm may want to protect against unauthorized use
or disclosure by others

❑ Information will be protected only if it is confidential. Non-


confidential information, unless protected, e.g. by copyright or a
patent is deemed to be in the public domain and can be used by
anyone.
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Confidential Information

❑ Three conditions must be satisfied before an action for breach


of confidence can succeed:

▪ the information must be confidential

▪ the information must have been disclosed in circumstances


which give rise to an obligation of confidence

▪ there must be an actual or anticipated unauthorized use or


disclosure of the information

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Patents
❑ A government authority conferring a right or title for a set
period, especially the sole right to exclude others from making,
using, or selling an invention

❑ A patent gives to an inventor a monopoly in an invention. This


means that the inventor is given the exclusive right to use or
exploit the invention for a defined period

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Patents
❑ The monopoly granted by patent law is so strong, that the owner of a
patent may even exclude independent inventors from the market

❑ The better the patent and the more commercially desirable the
breakthrough, the more likely it is to be challenged. For example, if
competitors can produce a similar product or process, which is not
covered by the patent, they will be free to market it and to erode the
commercial advantage of the patentee. If they can prove that the
subject matter of the patent has been used or disclosed before, they
can invalidate the patent

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Patents
❑ Patent Act merely sets out a number of criteria which must be
satisfied before an invention can be patented

❑ a patent may only be granted if:

▪ the invention is new

▪ it involves an inventive step

▪ it is capable of industrial application

▪ the subject matter of the invention does not fall within an


excluded class

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Patents
❑ It is possible to patent something which is more than just a
program—something which can be called, for simplicity, a
“program plus”

❑ A computer program is not excluded from patentability if it


produced, or is capable of producing, a further technical effect
beyond the normal physical interaction between software and
hardware, i.e. it is potentially patentable if it makes something
else do something.

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Copyright
❑ The exclusive legal right, given to an originator or an assignee to
print, publish, perform material, and to authorize others to do the
same

❑ Copyright protects more items generated by businesses or by


individuals than any other aspect of intellectual property law

❑ It can protect business letters, manuals, diagrams, computer programs

❑ Copyright owners face the specter of unlimited piracy through


uncontrolled copying with the advent of internet

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Copyright
❑ What we will probably see over the next few years are stronger
laws, more rights for copyright owners, widespread licensing
schemes and greater use of technical anti-piracy or copy-
monitoring devices and electronic rights management systems

❑ Copyright law gives six exclusive rights to the owner of


copyright:

▪ copy the work

▪ issue copies to the public

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Copyright
▪ rent or lend the work to the public

▪ perform, play or show the work in public

▪ broadcast the work or include it in a cable programmed


service

▪ make an adaptation of the work or to do any of the above


with an adaptation

❑The rights apply equally to published and to unpublished


works
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Acts permitted in relation to copyright
❑ Some acts are permitted under the 1988 Act, even though they
would otherwise amount to breach of copyright.

▪ Fair dealing

▪ Making back-up copies of computer programs

▪ Transfers of works in electronic form

▪ De-compilation for the purpose of interoperability

▪ Error correction

▪ Databases
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Remedies for breach of copyright

❑ A copyright owner has all the usual civil remedies of search,


injunction, damages and an action for an account of profits
made in breach of copyright

❑ If it is shown that at the time of the infringement of copyright


the defendant did not know and had no reason to believe that
copyright subsisted in the work, then the plaintiff is not entitled
to damages against the defendant

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Remedies for breach of copyright

❑ A copyright owner is also given an important power to enter


premises without using force in order to seize infringing copies,
or articles specifically designed or adapted for making copies

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Plagiarism
❑ the practice of taking someone else's work or ideas and passing
them off as one's own.

❑ All of the following are considered plagiarism:

▪ turning in someone else's work as your own

▪ copying words or ideas from someone else without giving


credit

▪ failing to put a quotation in quotation marks

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Plagiarism (continued)

▪ giving incorrect information about the source of a quotation

▪ changing words but copying the sentence structure of a source


without giving credit

▪ for a computer program changing variable names only, or not


changing the structure or flow of a program

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Page 20
Thank you!

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Page 21
Professional Practices

CS 625

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Page 1
Week:8 Computer Contracts

❑ Introduction

❑ Computer Contracts for supply of Custom-built Software

❑ Other Types of Software Services Contract

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Introduction
❑ An agreement between two or more parties for the doing or not
doing of something specified

❑ Contracts serve the following purpose:

▪ Set out the agreement between the parties

▪ Set out the aims of the parties

▪ Provide for matter arising while the contract is running

▪ Ways of terminating the contract and the consequences

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Introduction (continued)

❑ If the contracts are too harsh or unfair causing any issue


between parties to be unresolved, it is the responsibility of
contract laws to contemplate according to the rules

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Introduction (continued)
❑ There are almost never disputes over contracts which run
perfectly. Example marriage.

❑ Example of a ship carrying a cargo.

❑ In order to avoid disputes and future difficulties it is better to


draft a document which sets out:

▪ The terms on which both parties is to work

▪ Methods of payments

▪ Appropriate ways to terminate the contract-notice required

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Introduction (continued)

❑ Contract should be clear, concise and consistent. There should


be no ambiguity and the parties to the agreement should be left
in no doubt as to their rights and duties. Ambiguity and doubts
can lead to performance which is viewed as unsatisfactory. This
can lead to disagreement and the expenditure of time, effort and
therefore money, in resolving the matter.

❑ ……
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Contracts for the supply of custom-built
software at a fixed price
❑ Software suppliers try to use what are known as standard form
contracts, which are used or intended to be used many times
over.

❑ Such a contract might consist of:

▪ a short introductory section

▪ a set of standard terms and conditions

▪ a set of appendices or annexes

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Introductory Section
❑ It states that it is an agreement between the parties whose names
and registered addresses are given.

❑ It is dated and signed by authorized representatives of the


parties.

❑ It often begins with a set of definitions of terms used in the


course of the agreement, set out either in alphabetical order, like
a dictionary, or in the order in which they appear in the rest of
the contract –The Company, The Client

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Other parts

❑ Terms and conditions

❑ Annexes must include any document stated like SRS. This is to


avoid, for example, the situation in which statements made by
an over-enthusiastic salesman while trying to win the business
are claimed by the client to constitute part of the contract

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Issues dealt with Standard Terms &
Conditions
❑ What is to be produced?

❑ What is to be delivered?

❑ Ownership of rights

❑ Payment terms

❑ Calculating payments for delays and changes

❑ Penalty clauses

❑ Obligations of the client

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Issues dealt with Standard Terms &
Conditions (continued)
❑ Standards and methods of working

❑ Progress meetings

❑ Project Managers

❑ Acceptance procedure

❑ Warranty and maintenance

❑ Termination of the contract

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Other types of software services contract

❑ There are four types of contractual arrangement which are


widely used in connection with the provision of software
services:

▪ fixed price

▪ contract hire

▪ time and materials

▪ consultancy

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Contract Hire
❑ The supplier agrees to provide the services of one or more staff
to work for the client

❑ The staff work under the direction of the client

❑ Supplier’s responsibility is limited to provide suitable


competent people and replacing them if they become
unavailable or said unsuitable by the client

❑ Payment is on the basis of a fixed rate for each man day worked

❑ Issues such as delay payments, acceptance tests and many


others simply do not arise
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Time and Materials
❑ It is somewhere between a contract hire agreement and a fixed
price contract.

❑ The supplier agrees to undertake the development of the


software in much the same way as in a fixed price contract but
payment is made on the basis of the costs incurred, with labor
charged in the same way as for contract hire

❑ The supplier is not committed to completing the work for a


fixed price, although a maximum payment may be fixed beyond
which the project may be reviewed
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Consultancy contracts

❑ Consultants are typically used to assess some aspect of an


organization and to make proposals for improvements.

❑ The end product of a consultancy project is therefore


usually a report or other document.

❑ Consultancy projects are usually undertaken for a


fixed price but the form of contract is very much simpler

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Thank you!

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Page 16

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