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            A great brand undone 
              by half-hearted marketing and ruthless Korean rivals. That's the 
              story of Sony in India. Although the Japanese consumer electronics 
              giant has been in the country for 10 years, it's a minnow compared 
              to LG and Samsung, which have racked up revenues of Rs 4,500 crore 
              and Rs 4,000 crore, respectively (January-December fiscal year), 
              compared to Sony's Rs 850 crore. According to published figures, 
              Sony claims to have a marketshare of 8 per cent in the 'entertainment 
              systems' category, which includes both audio and video. Now, Sony 
              has decided that it won't make audio systems in India. Instead, 
              products will likely be sourced from Thailand, following the Free-Trade 
              Agreement signed between India and Thailand , where it has a much 
              bigger facility compared to the 2 lakh audio units-a-year plant 
              in Daruhera, Haryana. Will CTVs be next? "No decision has yet 
              been made on CTVs," says Mohit Parashar, General Manager (Audio 
              Visual Systems), Sony India. But unless the company gets its act 
              together, CTVs may inevitably follow the audio line out of India. 
            
             
               
             -Kushan Mitra 
              
             
             "Organised 
              Crime Is Also Spreading Virus" 
            
            The recent spate 
              of internet viruses has hit one company harder than others: Microsoft. 
              Will Poole, VP and Head of the Windows division, spoke 
              to BT's Kushan Mitra on the company's 
              bid (in the form of Windows XP Service Pack 2) to fortify its software 
              against viruses. Excerpts:  
             What's behind the massive rise of viruses 
              and worms on the internet? 
            A great deal of malicious code is being written 
              by young kids who want bragging rights inside their circle of friends. 
              (The recent MyDoom virus was created by a 17-year-old boy in Germany.) 
              And recently, there has been a perturbing trend where we are seeing 
              organised crime also start to distribute malicious code over the 
              internet usually as email attachments. 
             How will Win XP SP2 change all that? 
            SP2 has some radical changes over previous versions 
              of Windows when it comes to the security front. There are four new 
              levels of protection-starting from fundamentally stronger security 
              settings-the Firewall is enabled when the software is installed. 
              Email attachments on Outlook Express are quarantined if they are 
              non-known types and the program works better with the anti-virus 
              software. The default settings on Internet Explorer are enhanced, 
              preventing malicious ActiveX code from installing itself on your 
              computer. And finally, the fourth improvement has been the modification 
              of the compiler code, which prevent the buffer overruns, which allow 
              these viruses and worms to propagate. If SP2 was available on the 
              market earlier, the massive outbreaks of the past could have been 
              prevented, but we have working to get this on the market as fast 
              as we could. 
             What is happening on the Longhorn project, 
              the successor to Windows XP? 
            Frankly, the Longhorn project took a hit in 
              the past few months as a majority of the Windows development team 
              worked on getting SP2 to the market as fast as possible. But, we 
              have made progress and we should have a beta version out by next 
              summer. 
             
             Bulking 
              Up On Generics 
              Indian drug companies line up to sell directly 
              in the US. 
            
               
                  | 
               
               
                | Strategy shift: 
                  They don't need no distributors | 
               
             
            There's 
              a new buzzword doing the rounds of pharma companies in India, and 
              it is "front-end model". Huh? Made popular by industry 
              analysts on Dalal Street, the phrase indicates a significant, albeit 
              riskier, shift in marketing strategy of generics abroad-especially 
              in the "regulated" markets of the US and Europe. So far, 
              most of the big Indian companies have sold generics abroad via distribution 
              partners. Now, they want to build their own sales force to push 
              their products. Ranbaxy and Sun Pharma already do that. Following 
              suit is a bunch of others, including Dr Reddy's Labs, which is working 
              on building a field force in the once it is ready with a specialty 
              product, and Wockhardt, which set up a distribution arm in the US 
              this April to supplement its sales initiatives. Ditto Glenmark and 
              Aurobindo Pharma. The former's US subsidiary won't just market formulations, 
              but file for drug approvals too, while the latter-primarily a bulk 
              drug manufacturer-is gearing up for a generics launch. What's prompting 
              Indian companies to abandon, at least partly, their marketing partners? 
              The fact that the generics market in the US alone is expected to 
              touch $19 billion by 2005, and that there's more money to be made 
              when there's no partner to share the revenues with. 
            -E. Kumar Sharma 
            
             
             Hyderabad's 
              Techies Come Home 
              Returning software engineers are easing up the 
              IT job market in Cyberabad.  
            
               
                  | 
               
               
                | Satyam's Ravi 
                  Gottiparthy: Happy to be back home | 
               
             
            I 
              work at the corporate headquarters, head a large team, 'am close 
              to my family and get to spend more time with parents and relatives," 
              says Ravi Gottiparthy. The 37-year-old software professional moved 
              base from Massachusetts in the US to Hyderabad, where he works for 
              Satyam Computers, in June this year and is trying to explain why 
              the move has been good for him. Actually, the move's been good for 
              his employer too. Satyam, for instance, has been hiring, on an average, 
              at least two such tech returnies every quarter for the last three 
              years, and some of the hires have been at the director and senior 
              vice president levels. A.S. Murty, Director & Senior VP (HR) 
              at Satyam, sees this as a growing trend. Says he: "Rise in 
              compensation levels and opportunities to return home along with 
              greater end-to-end responsibilities at workplace are attracting 
              people back." That's benefitting other city companies such 
              as VisualSoft, Infotech Enterprises and ADP, an American firm.  
             While the growing influx may not have softened 
              compensation (in 1995 a project manager in Hyderabad was earning 
              between Rs 3 and 4 lakh; now the figure is between Rs 12 and Rs 
              13 lakh) it certainly has improved the quality of talent available 
              in the city. For employers, that's bargain enough. 
            -E. Kumar Sharma 
            
             
             Weighing 
              In On Lodha 
              The Birlas launch a new line of attack against 
              the ''outsider'' R.S. Lodha.  
            
               
                  | 
               
               
                | R.S. Lodha: 
                  In the eye of the storm | 
               
             
            The 
              e-mailed press release was short and terse. Issued by a pr firm 
              on behalf of the Birlas on August 17, 2004, it announced that N.G. 
              Khaitan, solicitor, "had filed a petition seeking probate of 
              two mutual and concurrent wills of late M.P. Birla and Late Priyamvada 
              Birla. The mutual wills of 1982 bequeaths (sic) their entire estate 
              to charity." This was preceded by a press conference at which 
              Khaitan released to the media copies of the mutual wills, made on 
              July 13, 1982. He also said it was M.P. Birla's wish that his properties 
              be donated to charity after Priyamvada's death.  
             While that may well have been the case, a plain 
              reading of the will doesn't say so. The relevant paragraph (Clause 
              2) says: "Subject to the payment of testamentary expenses and 
              dues of the estate duty...I bequeath all my properties...to my wife 
              Shrimati Priyamvada Devi Birla absolutely and in the event of my 
              wife predeceasing me the executors shall make over and/or donate 
              and/or settle for public charitable purposes my estate as they may 
              think fit...." Priyamvada Birla's "concurrent will" 
              is almost identical.  
             Lawyers point out that the word "absolutely" 
              in M.P. Birla's will is crucial. It means that his wife became absolute 
              owner of his estate on his demise and was free to do what she wanted 
              with it. "The clause on charity would come into play only if 
              Priyamvada predeceased him," a lawyer points out. Coming to 
              the "concurrent will" that Priyamvada Birla made in 1982, 
              she admittedly did leave her assets to charity by this document, 
              but in the subsequent will of 1999 (which gave her estate to R.S. 
              Lodha), she clearly writes: 'Any will made prior to this date stands 
              cancelled'.  
            
               
                | BIRLA STAND | 
                 LODHA'S LIKELY RESPONSE | 
               
               
                |  » 
                  M.P. and Priyamvada Birla's mutual and concurrent 
                  wills leave their estate to charity | 
                 M.P. Birla's will does not spell 
                  it out. It talks of leaving his estate to charity if his wife 
                  predeceases him | 
               
               
                |  » 
                  Priyamvada Birla had only a life interest 
                  over the estate and could not have given it away to R.S. Lodha | 
                 Priyamvada was absolute owner of 
                  the estate and could give it to anyone she wanted to | 
               
               
                |  » 
                  Priyamvada Birla's 1982 will leaves her estate 
                  to charity | 
                 The 1999 will clearly cancels any 
                  previous will | 
               
               
                |  » 
                  G.P. Birla, Kashi Nath Tapuria, Pradip Kumar 
                  Khaitan and one nominee chosen by them are executors of Priyamvada 
                  Birla's estate | 
                 The 1982 will was superseded by 
                  the one made in 1999, so the provisions of the earlier will 
                  are no longer valid | 
               
             
            "She was well within her rights to do so," 
              the lawyer points out. Therefore, it follows that she was also within 
              her rights to leave her assets to any person of her choice. "My 
              client is on very strong legal ground," claims Debanjan Mandal, 
              Lodha's solicitor. 
             The Birlas and their legal advisors obviously 
              know this. So why are they following this line of attack? At the 
              press conference, Khaitan had repeatedly stressed that Priyamvada 
              Birla did not and could not have made the 1999 will. Asked pointedly 
              if he was accusing Lodha of obtaining the will by fraud, he evaded 
              a direct reply. "We'll tell the court what we have to say," 
              he said. There have been subsequent reports of Priyamvada Birla's 
              ill health, her unpredictable behaviour-all pointing to loss of 
              testamentary capacity. 
             The Birla strategy seems to have short-term 
              and long-term components. First, throw a shroud of doubt and uncertainty 
              over the 1999 will and hope that the court appoints an independent 
              administrator for the M.P. Birla Group. This will deny Lodha the 
              advantage of incumbency and control. The long-term plan seems to 
              be to avoid the uncertainties of the Hindu Succession Act 1956, 
              which will come into play if the 1999 will is set aside by the courts 
              (see Business Today issue dated August 15, 2004). If the court does 
              quash the 1999 will, the previous will (1982) will come into force 
              and its executors-G.P. Birla, Kashi Nath Tapuria, Pradip Kumar Khaitan 
              and any person chosen by them to replace the deceased fourth executor 
              M.P. Birla-will gain control of the estate. The Birla family and 
              its immediate circle will then decide how best to execute M.P. and 
              Priyamvada Birla's desire for charity.  
            -Arnab Mitra 
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