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A recent report evaluating the environmental risks at Barangaroo reveals an alarming level of groundwater contamination.
The Environmental Assessment Report, written by Dr Scott Wilson and put before the Land and Environment Court, states both soil and groundwater at Barangaroo is contaminated with a range of metals and organic compounds.
According to the report, toxins such as lead and mercury are concerning because they exceed Water Quality Guidelines or because of their "general toxic nature."
"The concentrations are sufficiently high that if entering into the Harbour they would pose a serious risk to the immediate local environment," the report states.
"Chronic exposure to this mix of contaminants will likely impair growth, development and survival of aquatic life in the vicinity of the discharge points. "
Court action has been launched in the NSW Land and Environmental Court by Australians for Sustainable Development (ASfD).
ASfD are challenging the approval to excavate and relocate material at Barangaroo and are calling on work to stop until further environmental assessments have been completed.
Chairman of Clean Up Australia, Ian Kiernan, recently said at a community meeting Lend Lease did not have the capacity to adequately deal with the site.
"Lend Lease do not have experience in the management of toxic sites, yet out there, there is a huge library of skilled, clever people and corporations that know what to do," he said.
Currently at the former Millers Point Gasworks site at Barangaroo, Lend Lease is using a process called Sufactant-Enhanced in Suti chemical oxidation (SJSCO) to dilute existing toxic chemicals.
But according to action groups, the process is "untested" and "unproven".
Deputy Lord Mayor and Vice-president of AfSD, Marcelle Hoff, recently said the public must have a commitment from Lend Lease they will clean up the site.
"The excavation works pose a serious risk of toxic waste flowing into the Harbour," she said.
"If the contamination is not properly removed prior to excavation, both human
health and sea life can be put at risk."
Greens candidate for the seat of Sydney, De Brierley Newton, said Lend Lease is "playing Russian roulette with the health of Sydney Harbour".
"[Lend Lease] has no interest in remediating the soil properly or to protest our Harbour and the public," she said.
But Lend Lease maintains the redevelopment will be climate neutral with 100 per cent of its electricity coming from low carbon and renewable generation.
The State Government approved Lend Lease's amended concept plan, which includes a hotel in the Harbour, increased office space and two additional buildings before Christmas.
The issue of contamination at Barangaroo will appear before the Land and Environment Court on January 31.
By Sophie Cousins

subset: commoncrawl


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Getting the flavor of…
Southwest Texas' no-man's-land
Big Bend Ranch State Park is the middle of nowhere—and that's the attraction, said Courtney Bond in Texas Monthly. Most people overlook the preserve in favor of nearby Big Bend National Park. But the 311,000-acre state park is "as close to the original landscape as you can get," and marvelously empty—which works, because "nothing is what most people are looking for when they come here." Granted, there's "adventure aplenty," including horseback riding and rafting on the Rio Grande. My friends and I drove a 4-by-4 across the dusty expanse, stopping for hikes and chance encounters with desert critters. "After a couple evenings of tequila sipping, skygazing, and fireside philosophizing, we can report that there is indeed nothing out there. Nothing but purple sunsets and shooting stars. Nothing but wind and birds. Nothing but a longhorn standing beside the so-called road, calmly watching you bounce your way back to civilization."


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Hire Rat Pack & Swing Singer in Lincolnshire
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Are you looking for a Rat Pack & Swing Singer in Lincolnshire, Lincolnshire? Our catalogue includes 80 acts available for hire in Lincolnshire. Among our top requested categories this month: wedding bands in London, jazz bands in London, string quartets in London, swing bands in London, DJ Hire London London, wedding venues in London., wedding bands in Manchester, DJ hire in Manchester.
Chris Hatch
Recent review: Brilliant night with Chris.
Antony Myers 'The Voice of Vegas'
Recent review: We booked Anthony for our first crafting event at the Marriott Peterborough in November, after looking through options provided by various agents. What Anthony offered was just what we - and our delegates were after. Not only was he self-sufficient (along with Nicky), he also was able to be flexible with times - and managed to read the audience very well within minutes. In terms of the act - what a voice! An authentic example of the 'great American Songbook'. All in all - I would highly recommend Anthony for your event, if you want the evening to start and end with a swing..!
John A. Christie
Recent review: Excellent evening of music and dancing enjoyed by all 100 +of my guests
Vintage Ruby
Recent review: Vintage Ruby performed in our barn for New Year's Eve, she was amazing and we received so many comments about how good she was!!! Thank you 100% recommend!
Live Entertainment
About: Live Entertainment represent the best in UK talent. Providing musical artists, dancers, speciality acts and bands to events and weddings all over the UK. We will work with you, to find the perfect ...
Annelise - Jazz & Swing Singer
Recent review: Annelise was brilliant! Everything was so good- contact, chats about our evening and what we were hoping for and Annelise certainly delivered all we'd wanted - a Christmas swing to get the party season started. Our guests were so appreciative so couldn't have asked for more. Highly recommend
Mickey Fordola
Recent review: Mickey sang at our wedding and he was fantastic! The weather was very warm yet Mickey delivered a sterling performance. All our guests loved his set. Thank you, it was fabulous, Rachel and Scott McComb.
Gareth John
Recent review: Garath contacted me the day before my party to confirm attendance. He arrived slightly later than arranged but set up quickly and my guests loved his voice and choice of music it was just what I wanted. Unfortunately after the first hour Gareth had a family emergency and had to leave quite suddenly. Although my guests were really disappointed as was I we understand these things can happen hence the lower review score as we didn't have his full reportour and it was still very early in the evening leaving me to fill in with play list off my phone. But all my guests agreed that he had a fab voice.
Paul Michael Holmes
Recent review: Paul Performed for our 50th Wedding Anniversary and everyone thoroughly enjoyed it. He is very professional and accommodating to your needs for your event.He met us prior at the venue to discuss things which was a big help.
Craig Boden
Recent review: Brilliant. Came in at short notice, saved the day & blew us all away! Such a talented guy. Highly recommended.
Rat Pack Tribute, Party & Swing Singer - Ernie Alan
Recent review: Ultimate professional, kind, courteous, outright gentleman. It's all the small touches that made it special. It simply could not have been any better!
Leicester Vocal Tech
About: We provide professional Male or Female singers, any genre for most events. Our singers are well seasoned performers with years of experience. Being a singing school- we guarantee to provide you wit...
Marty Clarke Vocalist
Recent review: "Fantastic performance by Marty's Las Vegas experience, great variety of songs to suit all and to get our retired employees up singing and dancing. Lovely Guy, Brilliant singer. Would highly recommend!"
Marty Clarke's Las Vegas Experience
Recent review: Brilliant performance enjoyed by all of our guests, Martin is very flexible and happy to throw in a few festive numbers too! An upbeat performance for the end of a Christmas stay. Will definitely book again in the future.
The Goodfella
Recent review: An excellent singer and entertainer. Neil tailored his performance to our event, which was my Mum and Dads 60th Wedding Anniversary. He made it feel personal. He was professional throughout and listened to what we needed. I would not hesitate to book him again. Thank you Neil!
Gareth John
About: A man with a lifelong love of swing music, rhythm and blues, jazz and soul, Gareth has a wealth of experience both home and abroad as a professional trumpet player, educator, singer, entertainer an...
Amey and John
About: Professional, charismatic and fun, Gareth and Suzanna are an exciting newly formed swing duo with outstanding vocals covering an extensive collection of well known swing hits from Frank Sinatra, Lo...
Richie The Vintage Singer
Recent review: Superb act. We loved the song choices and were pleased you took time to do Sue's request (Crackling Rosie) which pleased her no end. Good luck with the theatre shows!
"Carl Chapman" Singer / "The Midnight Hour" Soul & Motown Tribute / "80s In Motion " 80s Tribute
Recent review: We have had Carl preform at various events for us including my wedding and he never fails to impress. I cannot praise Carl enough he is excellent at what he does !
Tony Sings - Rat Pack and friends
About: I can't deny it - I love to sing! I also love watching people enjoying themselves so bringing the two together has been a real joy for me. I don't consider singing a job and I love public performin...
Paula Marie - Vintage Singer
Recent review: I hired Paula -Marie for my sister's hen do and I can not recommended her enough. She has a beautiful singing voice and her ability to create an amazing atmosphere is incredible. It was an absolute joy to hear her sing and it made the evening.
Darren Newbould
About: With the cool swagger of the Rat Pack era, I perform a range of classic tunes from Frank Sinatra, Dean Martin, Bobby Darin, Nat King Cole as well as modern-day twists from old tunes by Michael Bubl...
Lewis Simply Swing
Recent review: Lewis was great, we had a birthday celebration sunday lunch and Lewis made the whole event go with a real swing. people sang and danced along. Would definately recommend him.
Cat Nicole
Recent review: This lovely young lady has serious talent! Truly an amazing voice and you can feel it through her music! Fabtastic!
Andy Gale
About: OUTSTANDING PERSONALITY COMEDY VOCALIST Uber talented Andy began performing at the age of 14 and has now notched up an impressive 30 years of experience on stage & screen. Hailing from Sheffield, ...
Blue Orchid
Recent review: The event was great. Monika and Blue Orchid were exactly what we required for a family party of mixed ages, teens to nineties. The sound was just right and the professionalism great. Choice of material was excellent and Monika has a wonderful voice. All our guests raved about the music.
The Michael Buble Tribute Show
Recent review: We booked Steve Maitland for the Micheal Buble Tribute show at Pill Memorial Club, Bristol last Friday, 6th December. We'd like to give some feedback to say what an absolutely fantastic evening it was, Steve is amazing! His singing is superb and he really worked the room getting everyone involved and singing along. It wasn't long before he had everyone up dancing and singing, the atmosphere was great. He helped us do the raffle and had everyone laughing, and played some great tunes alongside the Buble numbers. Steve contacted us prior to the event, he's so friendly and professional. He offered to sing a duet with the lady who we were raising money for and sent her the music. It went down a storm! Steve arrived early and set up, we didn't have to do anything. I cannot recommend him enough, amazing voice and knows how to get a party going. Absolutely outstanding Thankyou
Let me be Frank
Recent review: Stephen (Frank) was fabulous - a great entertainer with a nice personality. He helped our party go with a swing and he got the audience dancing.
Steve Ritchie Solo Singer & Mobile DJ
Recent review: Steve is a really nice guy, good DJ and great singer. We only wish he had more time to sing more sets
Daniel Benisty
Recent review: Daniel played piano and sang at my birthday party. The idea was that he would lead a singalong for the guests. He did this with aplomb and everyone had a fantastic time. We found Daniel easy to deal with in the run up to the event - he responded quickly and politely and he was very relaxed about the play list. Thank you Daniel - you made my party memorable for us all.


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Mr Birling however is unlike his daughter and is a narrow minded man who has not a care in the world for anyone else but himself and his business. He proves this on many occasions in the play but a lot of the time he just makes extremely subtle remarks which tend to belittle anyone in a lower class or to knock down his children Eric and Shelia. He represents a stereotypical 1900's man who was still under the impression that women should still just be at home washing up and doing the house work, and would never cope with any kind of cultural change.
One of the first reasons we have to think some of the previous is when he is first talking to the Inspector about him sacking Eva Smith. Mr Birling says that he sacked her because she asked for a pay rise from 22 shillings to 25 shillings a week, but he sacked her immediately even though she was one of the companies best workers. He said that he sacked her without any thought because he wanted to keep labour costs down which is very incompetent of him considering that he could have just denied her the pay rise rather that proving his power by sacking her. This proves that he values his business above people in a lower class than him. He also does not ever think about the consequence of his actions, just what he wants, and worse he doesn't have to think about the consequence of his actions because he is such a powerful man. This represents a massive injustice in the play.
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Another example of Mr Birling's arrogance and narrow mind is when he is making a long speech to Sheila, Gerald and Eric, towards the beginning of the play. He first says "the Titanic is unsinkable, absolutely unsinkable" he then says "Rubbish, there will be know world war. In 1940 we will all be living in peace and prosperity". Just in that speech he makes 2 hugely false statements as we now know that the Titanic sank on its first voyage and in 1940 we were in the middle of the biggest war the world would ever see. However his ignorance is almost amusing as both Gerald and Shelia try to argue the two points he made but Mr Birling just talks over them and shouts them down when they actually prove him wrong in a situation.
This evidence clearly proves Mr Birling as a pompous, arrogant old man. He is presented to have the stereotypical arrogance of the upper class and is an exaggerated figure of the 1900's upper class man. Eric appears to be the 'odd one out' or 'the runt of the litter' in An Inspector Calls. He is always depicted doing something childish or making an immature comment and is soon put in his place by his over whelming father. This is because Mr Birling is not proud of Eric as his wild cat personality doesn't look good from a business or a family reputation prospect.
The first impression we get to think this is when Eric finally has to admit that he has been out drinking a lot. Shelia finally says "I won't defend you anymore Eric. Go on tell them." He is then forced to explain that he has been drinking and then finds himself explaining that he got Eva Smith pregnant. He is then interrogated further until all of the truth comes out that he stole money from his father to pay for the baby. Everyone is very disappointed in Eric but not surprised which gives us the feeling that he is a bit wild, and can't control himself, as the Birlings act as if he has been pulling stunts like this his entire life. These acts of Eric's, all have an involvement with people in the lower class e.g.; getting Eva Smith pregnant, out drinking etc. This is why his family are so disappointed with him, as they see it as extremely wrong to be socialising with people inferior to them. This shows a huge amount of injustice.
This play has many good aspects to it from an audience prospective of how funny and entertaining it was and from a reviewer's point of view of how it symbolized the social defects in 1912. But can we get both of these things (entertainment and morals) at the same time? I think we can get both things at the same time. This is because the play has a great plot and is very entertaining whoever you are, but even if you don't break down the points in the play and assess the moral values, you are still left with an impression that the Inspector wasn't actually that bad after all and he did the Birlings more good than bad. You are also left with a thriller aspect of "who did it". This means that the effectiveness of the play is absolutely brilliant because you don't even realise the morals you are picking up from the play as they are hidden between the lines. Therefore the play can be both didactic and entertaining and the main way he achieved this is by Priestley's use of dramatic devices.


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At TLE we are also a Pony Club Centre. The first step to joining our Pony Club is to become a member of the Pony Club itself. You have to pay a £27 membership fee, then you can come to Pony Club at TLE.
At Pony Club you do half stable management and half riding. In the stable management section you learn how to care for horses, working towards achievement badges and progressive tests. The riding consists of dressage, show jumping, pony games, horseball, bareback riding and thats just a few examples...
Pony Club Camp
We run a Pony Club Camp every year which is for 5 days and 4 overnight stays at the riding schools accommodation. Throughout the week you can work towards any badges you are aiming for and there will be fun competitions and activities going on all week. Finally on the Friday we have a show and presentation. There are lots of exciting prizes and certificates to be won.


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Ellen G. White Estate
Sharing the Vision
On November 6, the Whites, with Steven N. Haskell and Emma White arrived in Dallas, Texas. James White reported to the readers of the Review:
Do not listen to the enemy's suggestion to stay away from Christ until you have made yourself better; until you are good enough to come to God. If you wait until then, you will never come. (COL 205)
Read a devotional message!


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Four Years – Purveyor of Pleasure
July 28th was the fourth anniversary of the day Onyx and I met face-to-face. On that day we had known each other online for eight or so months and were supposed to have met the week before but he had issues with his standby flight. I remember waiting anxiously for his taxi to reach my …
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WIPO Arbitration and Mediation Center
BHP Billiton Innovation Pty Ltd v. Joseph Effiong / Jo Systems
Case No. D2012-2351
1. The Parties
The Complainant is BHP Billiton Innovation Pty Ltd of Melbourne, Victoria, Australia, represented by Griffith Hack Patent and Trade Mark Attorneys, Australia.
The Respondent is Joseph Effiong / Jo Systems of Oshodi, Calabar, Nigeria.
2. The Domain Name and Registrar
The disputed domain name <bhpbillitonuk.com> is registered with NetEarth One Inc. d/b/a NetEarth (the "Registrar").
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on November 29, 2012. On November 29, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On November 30, 2012, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amended Complaint on December 3, 2012,
The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 5, 2012. In accordance with the Rules, paragraph 5(a), the due date for Response was December 25, 2012. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on December 27, 2012.
The Center appointed Luca Barbero as the sole panelist in this matter on January 8, 2013. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
BHP Billiton Group is the world's largest diversified resources group, employing more than 40,000 people in more than 100 operations in 25 countries. The core of the BHP Billiton Group is a dual listed company comprising BHP Billiton Limited and BHP Billiton Plc. The two entities continue to exist as separate companies, but operate as a combined group known as BHP Billiton. The Complainant BHP Billiton Innovation is a wholly owned subsidiary of the BHP Billiton Group, holding some of the BHP Billiton Group's intellectual property.
The Complainant is the owner of numerous trademark registrations for BHP BILLITON (word mark), including the Australian trademark No. 1141449, filed on October 18, 2006, in classes 4, 6, 37, 40 and 42; the New Zealand trademark No. 764470, filed on March 5, 2007, in classes 4, 6, 37, 40 and 42; the International Trademark designating European Community No. 0986799, registered on November 16, 2006, in classes 4, 6, 37, 40 and 42; the United States trademark No. 3703871, filed on April 12, 2007, in International classes 4, 6, 37, 40 and 42.
The Complainant is the owner of several domain names containing the trademark BHP BILLITON, including <bhpbilliton.com>, <bhpbilliton.org>, <bhpbilliton.info>, <bhpbilliton.jobs>, <bhpbilliton.net>, <bhpbilliton.mobi>, <bhpbilliton.co.uk>, <bhpbilliton.org.uk> and <bhpbilliton.eu>.
The disputed domain name <bhpbillitonuk.com> was registered on October 16, 2012 and is redirected, at the time of the drafting of the decision, to the Complainant's web site "www.bhpbilliton.com". According to the screenshots available on records, the disputed domain name was pointed in the past to a web site, published at the disputed domain name <bhpbillitonuk.com>, that reproduced the layout and contents of the Complainant's web site "www.bhpbilliton.com".
5. Parties' Contentions
A. Complainant
The Complainant states that the trademark BHP BILLITON has over the years become the world's most well-known brand in diversified resources and the mining of such resources.
The Complainant contends that the disputed domain name is confusingly similar to the Complainant's trademark since the addition of the generic word "uk" is not sufficient to distinguish the disputed domain name from the BHP BILLITON trademark. The Complainant emphasizes that consumers are highly likely to expect an association of the disputed domain name with the Complainant, in particular because the disputed domain name is pointed to a web site that mirrors the one operated by the Complainant. The Complainant also states that the addition of a Top Level Domain, such as ".com", does not affect the assessment that a domain name is confusingly similar to a particular trademark.
The Complainant also asserts that the Respondent does not have any right or legitimate interest in the disputed domain name, as it has not at any time been commonly known by the disputed domain name, has no rights on trademarks identical or similar to the disputed domain name and is not making a legitimate noncommercial or fair use of the disputed domain name.
The Complainant contends that bad faith may be inferred from the registration as a domain name of the well-known trademark BHP BILLITON, which is well-known worldwide. The Complainant submits that also the use of the disputed domain name amounts to bad faith since "by using the domain name, the Registrant has intentionally attempted to attract internet users to the Registrant's website […] by creating a likelihood of confusion with the Complainant's "BHP BILLITON trade mark "as to the source, sponsorship, affiliation or endorsement of the Registrant's website". The Complainant underlines that, since the disputed domain name has been redirected to a web site that mirrors the Complainant's one, users would likely conclude that they have accessed the Complainant's web site.
B. Respondent
The Respondent did not reply to the Complainant's contentions.
6. Discussion and Findings
According to paragraph 15(a) of the Rules: "A Panel shall decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable". Paragraph 4(a) of the Policy directs that the Complainant must prove each of the following:
(i) that the disputed domain name registered by the Respondent is identical or confusingly similar to a trademark or a service in which the Complainant has rights; and
(ii) that the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) that the disputed domain name has been registered and is being used in bad faith.
A. Identical or Confusingly Similar
The disputed domain name reproduces the Complainant's trademark BHP BILLITON in its entirety, with the mere addition of the suffix "uk" and of the ".com" Top Level Domain.
Pursuant to a number of prior decisions rendered under the Policy, the addition of descriptive or generic terms to a trademark is not a distinguishing feature.
In the present case, the addition of the geographical term "uk" is not sufficient to avoid the similarity with the trademark but is apt to induce Internet users to believe that the disputed domain name is owned by, or associated with the Complainant, since, as highlighted on the web site "www.bhpbilliton.com", the Complainant has also a corporate office and a production unit in the United Kingdom.
Moreover, as stated, inter alia, in Rollerblade, Inc. v. McCrady, WIPO Case No. D2000-0429 and in DHL Operations B.V. v. ZLEX, WIPO Case No. D2007-1612, the suffix ".com" is irrelevant for the purpose of determining whether a domain name is identical or confusingly similar, since it is a technical requirement of the domain name system.
In view of the above, the Panel finds that the Complainant has proven that the disputed domain name is confusingly similar to the trademark in which the Complainant has rights in accordance with paragraph 4(a)(i) of the Policy.
B. Rights or Legitimate Interests
The Complainant must show that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent may establish a right or legitimate interest in the disputed domain name by demonstrating in accordance with paragraph 4(c) of the Policy any of the following:
"(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue."
It is well-established that the burden of proof lies on the Complainant. However, satisfying the burden of proving a lack of the Respondent's rights or legitimate interests in respect of the disputed domain name according to paragraph 4(a)(ii) of the Policy is potentially quite onerous, since proving a negative circumstance is always more difficult than establishing a positive one.
Accordingly, in line with the UDRP precedents, it is sufficient that the Complainant show a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name in order to shift the burden of production on the Respondent. If the Respondent fails to demonstrate rights or legitimate interests in the disputed domain name in accordance with paragraph 4(c) of the Policy or on any other basis, the Complainant is deemed to have satisfied paragraph 4(a)(ii) of the Policy (see Croatia Airlines d.d. v. Modern Empire Internet Ltd., WIPO Case No. D2003-0455; Belupo d.d. v. WACHEM d.o.o., WIPO Case No. D2004-0110; MetAmerica Mortgage Bankers v. Whois ID Theft Protection, c/o Domain Admin, NAF Claim No. FA852581).
In the case at hand, by not submitting a Response, the Respondent has not rebutted the Complainant's prima facie case, failing to invoke any circumstance that could demonstrate, pursuant to paragraph 4(c) of the Policy, any rights or legitimate interests in the disputed domain name.
The Panel observes that there is no relation, disclosed to the Panel or otherwise apparent from the record, between the Respondent and the Complainant. The Respondent is not a licensee of the Complainant, nor has the Respondent otherwise obtained an authorization to use the Complainant's trademark. There is also no evidence that the Respondent is commonly known by the disputed domain name.
Furthermore, there is no indication before the Panel that the Respondent, which has pointed the disputed domain name to a web site reproducing the layout and content of the Complainant's web site, has made preparations to use the disputed domain name in connection with a bona fide offering of goods or services, or that it intends to make a legitimate, noncommercial or fair use of the disputed domain name.
Thus, in light of the above, the Panel finds that the Respondent has no rights or legitimate interests in respect of the disputed domain name, in accordance with paragraph 4(a)(ii) of the Policy.
C. Registered and Used in Bad Faith
As to bad faith at the time of the registration, the Panel notes that, in light of the widely known character of the trademark BHP BILLITON in the field of discovery, acquisition, development and marketing of natural resources, the Respondent was more likely than not aware of the Complainant's trademark, with which the disputed domain name is confusingly similar.
The Panel shares the view of a number of panel findings of "opportunistic bad faith" in the registration of renowned or even somewhat less famous trademarks, as found, inter alia, in Gateway, Inc. v. Lorna Kang, WIPO Case No. D2003-0257. Along the same lines were Veuve Cliquot Ponsardin, Maison Fondée en 1772 v. The Polygenix Group Co., WIPO Case No. D2000-0163; Expedia, Inc. v. European Travel Network, WIPO Case No. D2000-0137; Prada S.A. v. Mark O'Flynn, WIPO Case No. D2001-0368; Ferrari S.p.A. v. Inter-Mediates Ltd., WIPO Case No. D2003-0050 and The Nasdaq Stock Market, Inc. v. Act One Internet Solutions, WIPO Case No. D2003-0103. As stated inter alia in DHL Operations B.V v. Net Marketing Group, WIPO Case No. D2005-0868 "It is obvious that the value and goodwill, of the Complainant's mark DHL which has an extensive worldwide recognition, would have been known to the Respondent at the time of registration of the disputed domain name. The registration and use of the mark by an entity unconnected to the Complainant gives rise to the presumption of opportunistic bad faith".
Moreover, the Panel observes that the disputed domain name has been pointed to a web site similar to the one of the Complainant. Therefore, the Panel finds that the Respondent was likely aware of the Complainant's trademark when the disputed domain name was registered. Furthermore, as recognized also in BHP Billiton Innovation Pty Ltd. v. PrivacyProtect.org / Sam Webs, WIPO Case No. D2012-1101, such deceptive and illegitimate use of the disputed domain name constitutes an example of bad faith use.
As an additional circumstance suggesting bad faith, the Panel notes that there has been no Response in this case. As stated in Sports Holdings, Inc v. Whois ID Theft Protection, WIPO Case No. D2006-1146 "it is open for the Panel to infer a prima facie case of bad faith registration. The Panel also notes that the Respondent has used the present domain name in a commercial website. The evidence before the Panel indicates that the Respondent has used (or allowed the use) of the domain name for the purpose of some apparently commercial nature from which the Respondent (or a related third party) presumably derives or intends to derive revenue. This is not conduct consistent with registration and use in good faith".
In light of the above, the Panel finds that the disputed domain name was registered and is used in bad faith according to paragraph 4(a)(iii) of the Policy.
7. Decision
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name <bhpbillitonuk.com> be transferred to the Complainant.
Luca Barbero
Sole Panelist
Date: January 22, 2013


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It is Sunday and yet it still felt like it is a normal weekday because I have been so focus on completing my work. My current task is related to uploading video contents to the platform. Yesterday I wrote about linking the server to the do the domain and since it is the weekend, the registration company that we coordinated with do not work on weekend so I could not link the domain to the server yet. Sadly I do not have access to the domain so the only thing to do is to wait until tomorrow for that to be updated.
Anyways, since I have to put up videos, the contents that we have varies from 2 minutes to 10 minutes. Everything is actually fine except for the video size. It is around 50 to 200 megabytes. We have around 600 videos and that will take up estimately around 60GB of storage. Since right now, I am self hosting the videos, this will be an issue.
Luckily today I found a site that compresses video online and it compresses 90% of the file size without losing the quality of the video. It's simply amazing and I have no idea how did they do that. It does not seems like they are open sourced. Not to question about it, I am glad that they made it. The site is called videsmaller.com, if ever it would be useful for any of you.


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1.6L Gas Direct Injection (GDI) 4-cyl Engine 6-Speed Automatic Transmission 16 Alloy Wheels SAFETY Dual Front Advanced Airbags Front Seat-Mounted Side Airbags Full-Length Side Curtain Airbags Lower Anchors and Tethers for Children (LATCH) Anti-Lock Braking System (ABS) w/ Brake Assist (BAS) Traction Control System (TCS) Electronic Stability Control (ESC) Vehicle Stability Management (VSM) Hill-start Assist Control (HAC) Tire Pressure Monitoring System (TPMS) INTERIOR, COMFORT & CONVENIENCE Air Conditioning Power Windows, Door Locks & Outside Mirrors AM/FM/MP3 Audio System SIRIUSXM w/free 3-mo. subscription* Bluetooth Wireless Technology USB / Auxiliary Input Jacks Woven & Tricot Cloth Seat Trim Multi-Adjustable Driver's Seat 60/40 Split Folding Rear Seats Center Console w/ Armrest and Storage Bin Remote Keyless Entry Tilt & Telescopic Steering Column Steering Wheel Controls (Bluetooth/Audio/Cruise) EXTERIOR Roof Rack Ready (Mounting Points) Rear Privacy Glass Carpeted Floor Mats $125.00 Cargo Net $50.00 Cargo Tray
There are numerous reasons why drivers choose Kia of South Austin. Proudly serving Round Rock, New Braunfels and Pflugerville and Leander areas, our teams of sales advisors, service technicians and financing experts are trained with one focus in mind: addressing each of your needs with the utmost respect, care and attention to detail.
Pre-owned vehicle pricing includes all offers and incentives. Tax, Title, Tags and dealer add-ons not included in vehicle prices shown and must be paid by the purchaser. While great effort is made to ensure the accuracy of the information on this site, errors do occur so please verify information with a customer service rep. This is easily done by calling us at (844) 248-5489 or by visiting us at the dealership.
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Phone: (512) 444-6635http://maps.google.com/?q=5306%20South%20I%20H%2035%20%2C%20Austin%2C%20TX%2078745


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Be fearless, like our leaping leopard. This porcelain leopard is available on a 18"/22" or 24"/28" extendable gold plated or antique brass plated necklace.
These leopards have 'natural' coloured teeth rather than whitened! We still think they are fabulous!
This item is made from 100% porcelain and should be treated as fragile.
Dimensions: height - 2.8cm, width - 4.5cm, depth - 1.3cm.
Was £35, Now £14
When you purchase this item we donate £2 to WWF


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Aug 22
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New Teen Titans Go! Clip: Love Monsters
Warner Bros. Animation has just released the preview clip for the next episode of Teen Titans Go!, which is scheduled to air this coming Thursday, August 28, at 6:00/5:00c on Cartoon Network. There's also a bunch of teaser images from the episode, if you prefer those over the moving picture kind. The episode in question is titled "Love Monsters." The episode once again shines a spotlight on ...


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Provide a view-only window for End Users across the enterprise for encrypted canned database queries as well as developer specified SQL.
Active+EndUser provides a working window for end users for easy interaction with the database. Active+Enterprise allows developers to save SQL directly into End User (eur) or End User Advanced (eua) applications. These applications can be opened using Active+EndUser or Active+EndUser(Adv). Active+EndUser opens the applications in view-only mode, while Active+EndUser(Adv) opens the applications in edit mode allowing data inserts, updates and deletes. A designer/developer can edit the applications via Active+Active_plusEndUserDesigner.
The solution architecture is highly scalable. It can support hundreds of users and thousands of devices. It has multiple options to support active-active or active-passive architectures.


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These versatile sandals with a cushioned insole for added comfort can be worn out to dinner or to work
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Lady Godiva Women's Carmy Block Heel Slide Sandals
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For post-purchase inquiries, please contact customer support.
Sold by Groupon Goods. View the products FAQ to learn more.


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Looking for a januvia? Not a problem! Guaranteed Worldwide Shipping Discreet Package Low Prices 24/7/365 Customer Support 100% Satisfaction Guaranteed. Visit This Website...
Future pharmacy techs in New York should explore their options for training and certification to increase their likelihood of success for employment. It also requires a continuing education as new medications are introduced often and a few are even recalled. It will be required by law for patients either to pay the copay or turn-down the prescription.
We possess a team of professional Pharmacists who are at the service all of the time. If a pharmacist has a problem with providing an individual with any medication that's specifically prescribed by a Doctor or perhaps general deemed safe for the general public from the FDA, chances are they are inside the wrong field. Terms may change every now and then so it allows you double-check along with your provider for this matter just before treatment.
The restrictions were placed from the governments and also the other health care related agencies. While generally it's best to stick with one, you may find yourself having accounts at multiple stores depending on your own different needs. Aspiring techs should check out the selection of possible online pharmacy technician training opportunities prior to the important decisions about education being a pharmacy technician.
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Parliamentary inquiry into Guptas' naturalisation to start next week
Parliament's Home Affairs committee says it's ready to call witnesses. Key among them is Home Affairs Minister Malusi Gigaba and the former DG Mkuseli Apleni.
CAPE TOWN - A long-awaited parliamentary inquiry into the early naturalisation of members of the Gupta family is set to start next week.
Parliament's Home Affairs committee says it's ready to call witnesses. Key among them is Home Affairs Minister Malusi Gigaba and the former director general in the department Mkuseli Apleni.
Preparing for the inquiry on Tuesday, Members of Parliament said there were many questions about why controversial businessman Ajay Gupta would withdraw from the naturalisation process while his immediate family members went on to become South African citizens.
More than a year in the offing, the committee says it's finally ready to begin the inquiry in line with a directive from Parliament that it probes aspects of state capture.
It says it will start its two-day inquiry by probing the Guptas investment in schools in the North West which accompanied the family's early naturalisation application.
North West Education MEC Sello Lehari will have to appear to answer their questions.
MPs also want the adjudication panel which initially rejected the Guptas' application for citizenship to appear before them.
Committee chairperson Patrick Chauke says the committee plans to move speedily.
"That inquiry that you are running, calling people, TV [and] do it for three weeks… two days is [enough] for us and we are done with this thing."
The committee says it's still waiting to hear from the Indian High Commission whether Ajay and his family are still Indian citizens, given that India prohibits dual citizenship.
(Edited Winnie Theletsane)
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Hsk A E F 63 And Sk 40 Tool Changer Elastic Gripper Fork Clips For Cnc Router Machine - Chinaprice: contact company for price
HSK-A/E/F 63 and SK 40 Tool Changer Elastic Gripper Fork Clips for ATC Tool Magazine These standard duty tool changer grippers are suitable for HSK-A/E/F 63 spindle tapers and SK 40 spindle tapers. The elastic gripper clamps widely used in disc-type tool storages and umbrella tool magazines, such as DMG. SK40 and HSK63 grippers are available from stock for quick delivery. RicoCNC also can supply BT/ISO/HSK/JT/SK Series toolholder fingers for tool holders with BT/ISO/HSK/JT/SK taper in 30, 40 & 50 sizes. Also can supply a range of spare parts for CNC machines.
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Published date: August 21, 2017 -
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text:
Special forces are involved in this silent and deadly form of 21st century warfare, their commander confirms to Rafael Epstein.
Australia's special forces commander has defended his troops' use of US drones to kill insurgent leaders in southern Afghanistan, a deadly military tactic that gives the enemy no chance to surrender.
Major-General Peter ''Gus'' Gilmore confirmed his senior officers have used missiles, fired from unmanned US aircraft, and defended the tactics and intelligence used when his soldiers go out on missions to ''capture or kill'' Taliban fighters.
''Sometimes it will be an aerial strike, sometimes it will be committing a ground force, sometimes it will be to be patient and wait,'' he said in an interview with the Herald. more


text:
how to stop all tabs? "Offline mode" does not stop connection attempts
Дополнительные сведения о системе
- User Agent: Mozilla/5.0 (Windows NT 5.1) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/69.0.3497.100 Safari/537.36
Дополнительная информация
You likely already tried these but just in case... Have you tried these two extensions?
There's also this that might have some useful information
I'm researching this.
You want to kill all connections and prevent javascript from continually trying to load on all tabs at will, right?
Изменено evhenry
Задавший вопрос
Your post is not helpful. I came to conclusion that, such to say, user-level methods (extensions etc) do not work. It is needed some trick with virtual memory - to empty working set or something.
Задавший вопрос
To flush all javascript structures from the memory heap, that only the loaded html must be displayed in tabs, without javascript ride on CPU.
Задавший вопрос
Изменено Niamh
Задавший вопрос
You did not understand what I wrote. Javascript is necessary to display the webpages correctly. And it is needed to be halted aftewards, not to do any work in RAM. dom.always_stop_slow_scripts is not a solution either
Изменено Niamh
Задавший вопрос
There is a non-zero chance that such settings, (perhaps), may help:
But in order to fine-tune them, it is necessary for user to have a master's degree in computer science.
Изменено Niamh
Hi Clayten,
While this may not be exactly what you're looking for, it's a different approach. Assuming that you're opening these new tabs in the background, the following add-on will prevent the content from loading until you actually click on the tab: https://addons.mozilla.org/firefox/addon/loadtabonselect/
NOTE: I haven't tried it myself.
I hope that helps.


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Monday, January 22, 2018
January 22 On This Day in Australian History
1787 - Oh how simply marvelous old chap, a spiffing good idea for the British Parliament to start a penal colony in that far off land Or-stray-lia.
1809 - Lieutenant William Lawson proceeded to Newcastle on the Estramina to take over the settlement as Commandant. He was accompanied by Charles Throsby.
1836 - A town began to grow, throwing out its tendrils of commerce, when the first land sales were held at Singleton in NSW.
1836 - The South Australian Company was constituted.
1848 - It cost over 2,000 pounds and took a year to complete but they built a powder magazine in the side of Batman's Hill. I'm guessing it's no longer there...
1853 - The Act to establish our own University of Melbourne, for all our clever clogs born in the colony, was passed along with the prunes by the Victorian Legislative Council and Queen Vicky gave it the royal nod.
1866 - James Martin (Premier) and Henry Parkes formed a coalition in NSW.
1870 - The Central Market in Adelaide was officially opened on this day At the early hour of seven in the morning the Mayor and Councillors were at the market when, after a short speech by the Mayor to the assembled crowd of growers, stall holders and citizens, the market was declared open for the sale of produce, marketable commodities, hay and wood. After the formalities the representatives of the Corporation adjourned to the Metropolitan Hotel nearby for breakfast where several toasts were proposed. The Artillery Band provided entertainment throughout the proceedings.
1882 - Royal Commission on employees in shops (Vic) was established.
To ask questions like,
"Shop employees, can we eat them on Fridays?"
"Do these employees come in other colours to match my haberdashery?
"Can we sell them in pet shops?"
1889 - Louisa Collins was Hanged at Darlinghurst Gaol for the poisoning of her husband at Botany.She was the last woman hanged in New South Wales.
1891 - St Paul's Cathedral in Melbourne was officially consecrated.
1899 – Leaders of six Australian colonies met in Melbourne to discuss confederation.
1900 - The Rozelle - Darling Harbour Goods Rail Line (NSW) was opened.
1907 - Cooktown, Qld, was devastated by a tropical cyclone.
1910 - Flinders Street Station that we know and love was officially opened.
1919 -The state of Victoria was declared infected by Spanish Influenza and placed in quarantine. Public meetings were prohibited, travel in long-distance trains was restricted, the NSW government closed the border with Victoria and public buildings were shut. Around 12,500 Australians – mostly young, healthy adults – died from the highly infectious virus.
1920 For the obligatory bit of politics - the Australian Country Party was not throwing another Democracy Sausage on the barbie but was, in fact, getting birthed at a meeting of farmers on this day.
1930 - Australia ratified the Geneva Protocol (1925) which banned the use of poisonous or other gases.
1931 - All wages were cut by 10 percent to cushion the effects of the economic depression.
1934 - An electric trolley bus came into service from Liverpool Street, Sydney, to Potts Point.
1934 - Cairns suffered damage and flooding from a cyclone.
1941 – Tobruk surrendered to Australian 6th Division.
1941 - The Tottenham Branch Rail Line (NSW) was closed from Tottenham - Mount Royal Smelters.
1943 – HMAS Patricia Cam was sunk by Japanese aircraft near the Wessel Islands.
1948 - The de Havilland DHA Drover, an Australian designed and built aircraft, had its maiden flight.
1953 - The NT Legislative Council passed legislation to give Northern Territory Aboriginals full citizenship rights unless they were under state care.
1954 - Australia acceded to the 1951 Convention Relating to the Status of Refugees. It was the sixth nation to ratify the treaty, thereby bringing it into force, and a founding member of the UNHCR's Executive Committee.
1956 - Circular Quay Loop, linking underground stations Wynyard, Town Hall, Museum, St James to the harbourside station Circular Quay, of Sydney's underground railway line was opened with flourish and fanfare.
1965 - No Archibald Prize was awarded that year as the picky,picky,picky judges judged no entry worthy of the esteemed art prize. Ohhhhhh-er !
1970 - The Victorian Kaye inquiry heard evidence that huge bribes had been paid to Melbourne police to protect an illegal abortion racket. It was alleged that the then-current and former heads of the Homicide Squad, Inspector Jack Ford and Superintendent Jack Matthews, had both been paid bribes of about $600 per month for eight years as part of the racket.
1976 - Malcolm Fraser didn't have much of an ear for music so he declared that Australia had four national anthems - 'Advance Australia Fair' for official functions; 'God Save The Queen' for Royal and Vice-regal functions; with either of the above or 'Waltzing Matilda' and 'Song of Australia (lyrics)' for other functions.
1984 - A Sydney Harbour Ferry, Karrabee, went down the gurgler at Circular Quay during the Great Ferry Race.
1988 - Tennant Creek, NT, was shaken by two earthquakes, one of which registers 7 on the Richter scale.
1994 - The citizen's pledge was changed so that no longer is allegiance pledged to the Queen.
1996 - The Rozelle - Darling Harbour Goods Line (NSW) was closed from Balmain Road Junction - Darling Island.
2008 - North Korea said it will close its embassy in Australia because it can no longer afford it.
2011 - Activists protested at the fragile kutalayna Aboriginal site in Tasmania's lower Jordan Valley, in dispute is the route of the Brighton bypass highway, north of Hobart.The kutalayna site is part of an old travelling route of the Mumirimina people, beside the Jordan River in the state's south.
The site is rich in ancient artefacts, dating from 40,000 years ago right through to the 1800s The Tasmanian government is pushing ahead with a bridge that will damage the historic site. Aboriginal activists and their supporters want the bridge to be moved at least 300 metres away.
2015 - National Aboriginal Community Controlled Health Organisation (NACCHO), the peak Aboriginal health organisation, on this day told a Senate inquiry today that more must be done to reduce the high rate of Hepatitis C infection among Aboriginal people.
2016 - It was announced that The Aboriginal Health Council of WA secured Federal Government funding to ensure the future of the Carnarvon Medical Service Aboriginal Corporation.
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Salt Pans (Traditional Occupation)
Salt Farming in Goa, has been practiced for the past 1,500 years by a few communities. Salt pans are a man made hyper saline ecosystem from which crude salt is extracted during summer. Salt produced through this natural evaporation process played an vital role in the economy of Goa during the Portuguese rule as salt was the chief export commodity. During earlier times, salt from Goa was exported to Thailand, Burma and even African countries, while in 1855 Goa dominated Asian market as regards to the salt export. But in recent Years the traditional salt industry is on the verge of collapse.
Salt pans (Mithagar or Mithache agor) form a part of the reclaimed waterlogged khazan lands, which are also utilized for aquaculture, pis ciculture and agriculture.
The salt is used locally for domestic consumption as fertilizer, soil conditioner, coconut and other fruit bearing trees.
fermenting agent for salting green mangoes in pickles, and for dry fish. (Molly Faleiro)
Salt Pans, Ribandar – Goa (Photo Courtesy Shaikh M. Moshin)


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|Marty Landman <MLand...@face2interface.com>
|Re: [users@httpd] suexec debugging
|Tue, 02 Mar 2004 21:35:10 GMT
At 09:37 PM 3/1/2004, Dan MacNeil wrote: >My wild guess is that the DocumentRoot in httpd.conf and the file system >is different than what you compiled suexec with so you are out of luck >until you recompile. Is there a simple way for me to confirm what suexec /was compiled with? Like what about when you might come into a server you didn't personally set up? Or is tailing the log after a (failed) access attempt the easiest there is? >If you could include: > > your <virtual> directive > ls -lR on relevant places > bits of suexec.log > bits of error.log Hah, I spent time trying to carefully set up a test case and document it - learned about groups and wouldn't ya know it works now! The part I hate about learning something that was such a pita before is that now I don't understand what the fuss was about to begin with. Yikes. And thanks Dan. Marty Landman Face 2 Interface Inc. 845-679-9387 FormATable DB: http://face2interface.com/Products/FormATable.shtml Make a Website: http://face2interface.com/Home/Demo.shtml Free Formmailer: http://face2interface.com/Products/Formal.shtml --------------------------------------------------------------------- The official User-To-User support forum of the Apache HTTP Server Project. See <URL:http://httpd.apache.org/userslist.html> for more info. To unsubscribe, e-mail: email@example.com " from the digest: email@example.com For additional commands, e-mail: email@example.com
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3 Reasons You May Have Noisy Pipes
3/28/2018 (Permalink)
It can be unsettling to hear knocking, hammering or whistling coming from your walls. However, plumbing can get noisy as the years go by. You don't always have to suspect a pipe break when you hear a funny noise in the wall. Check out the three reasons for noisy pipes below.
1. Momentum Changes: If you're running a shower and quickly close the faucet, you may hear a clanging in your pipes. This is caused by the water's rapid change in speed. While not necessarily a problem by itself, the vibrations caused by the hammering can actually lead to loose pipes or a pipe break in extreme circumstances. You may be able to fix the problem in two ways. First, try to tighten or replace your straps. Second, install an anti-hammer device.
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Stephanie Insley Hershinow, Born Yesterday: Inexperience and the Early Realist Novel. Baltimore: Johns Hopkins University Press, 2019. 192 pp.
Review by Aaron Kunin
4 September 2019
The golden passage in Stephanie Hershinow's Born Yesterday: Inexperience and the Early Realist Novel is Addison's remark about the novelty of Paradise Lost. According to Addison, Adam and Eve in their original innocence are "more new than any characters either in Virgil or Homer, or indeed in the whole circle of nature." Adam and Eve are new because they are, Hershinow says, "without precedent" in any known human society or written source, including the Bible (p. 19). Rather than studying available sources, Milton invents characters by conjecture: what must these people have been like if they gave themselves freely to God, their obedience an act of rational choice?
In Hershinow's hands, this passage becomes a key to the history of the early realist novel. At the center of this history is a character type that Hershinow calls the novice, a figure of "inexperience." Although the machinery of plot may expose the novice to various experiences, the character has an integrity that no experience can alter. Adam and Eve eventually mature into characters from the circle of ordinary human nature; Hershinow's novices are more like Christ, who successfully resists temptation in all four books of Milton's Paradise Regained. Or like Arlecchino in the old commedia scenario: at each moment the novice forgets the experience of the previous moment, and has to encounter the world starting from nothing.
Hershinow makes a compelling claim that the character of the novice represents a high point in the art of the novel. What makes her argument compelling is how she inhabits the novels at the level of the sentence, taking her vocabulary from the novelists. Clarissa, in misunderstanding the abuse she receives from her family and her suitor, projects a different plot in the mode of "should have been," where families bless the wishes of their children to remain single and "where women are not raped" (p. 11). (Hershinow usefully contrasts Clarissa, the novice, with Anna, the ingénue, who is shaped by her experiences and thus is better suited for this world than for the next.) Even Emma Woodhouse, who is "not much of a novice" to begin with (p. 130) and who seems to tread the narrow path of the Bildungsroman all the way to perfection of form, expresses an unmistakable "desire to be more than one person, to live out more than one possible path" (p. 132); strikingly, her destination is as close as possible to her starting point, since she seems to agree with her father that the worst conceivable disaster would be for her to leave her father's house.
True to the logic of inexperience, Hershinow does not allow her premise to develop across the inner chapters of her book. Instead she discerns the strategies of resilience by which different examples of the character of the novice avoid conforming to the requirements of different subgenres: Fielding's "approximate" libertine, Tom Jones (Hershinow: "How can Tom Jones have so much sex and still seem so unknowing?" [p. 61]), gothic heroines whose genius is their ingenuousness, sentimental heroines whose moral authority is something better than the wisdom of experience.
It would be interesting to compare versions of inexperience in other literatures; for example, the adolescent femininity of inexperience in Born Yesterday might suggest fresh readings of Voltaire's optimist and Diderot's fatalist, who for different reasons refuse to be guided by experience. Since my space is limited, I will content myself with asking one extravagant question.
In the chapter on Tom Jones, Hershinow observes a contradiction between Samuel Johnson's two comparative judgments of Richardson and Fielding. On one hand, Johnson says that Richardson is superior because his characters are perfect examples of their types, whereas Fielding's characters are an unpredictable mixture of virtuous and vicious impulses; on the other hand, Johnson says that Richardson is superior to Fielding in his knowledge of the human heart. The two judgments are contradictory if human beings are less consistent by nature than perfect types. Hershinow's comment is devastating: "It is simply impossible to line up the accounts of realism here. Exemplarity works across Johnson's assessments by selecting the good until it would seem to verge upon, even tumble headlong into, the too-good-to-be-true" (p. 64).
Is that a contradiction? I am not sure that Johnson would think so, and I am surprised that Hershinow seems to think so. Hershinow herself celebrates "consistency of character" as opposed to "mixed character" for its contribution to the art of the novel. Henry James has a similar account of these kinds of characters; for example, when Adam Verver calls Prince Amerigo "round," he means that Amerigo is the same all the way around––in other words, what Forster would call "flat"––that a needle inserted into Amerigo to take a sample from his core would encounter exactly the same substance as at his surface, and that this consistency would be less dangerous than, and thus preferable to, an inconsistent surface with sharp edges.
In addition to Hershinow's Jamesian defense of consistency of character for reasons of art, there are two other possible defenses of consistency of character on the basis of human nature. The first comes from Schopenhauer, who says that commedia dell'arte is the only verisimilar kind of theater because there are but a few kinds of people in the world, they make the same mistakes every day and in every generation, they have no memory, and they never learn anything. The other comes from Addison, for whom nature means both the "circle of nature" in which we encounter degraded examples of humanity, and the conjectural state of nature which is the subject of Milton's sacred history.
In other words, the distinction between round and flat psychologies is a real one, not just a way of talking about novelistic techniques. Some people have complicated, deep, dynamic psychic lives; some do not. It is not necessarily an insult to say that a person has only one idea, or embodies only one idea, or is incapable of change. For characters in early realist novels, as Hershinow shows, the refusal to be shaped by experience can indicate emotional integrity and intellectual honesty. In life, too, psychological complexity is not always an advantage and not necessarily a mark of intelligence. People who have only one idea are often better at getting what they want, because they know what they want. The idea is not so far-fetched. There are such people, even in literature departments!
Aaron Kunin is the author of Character as Form (Bloomsbury, 2019), and Love Three: A Study of a Poem by George Herbert (Wave Books, 2019). He is associate professor of English at Pomona College in California.