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It beckons buyers with translucent Aero Glass 3-D window displays, the promise of faster boot ups, more reliability, and stouter protection against viruses and spam. But is the new Windows Vista operating system (OS), a great leap forward or the last big splash as computing migrates to the Internet and away from PC-based software? Either way, one study predicts the software will be installed on as many as 90 million computers worldwide by the end of 2007.
Five years in the planning, Vista promises to turn older PCs (if they can handle the heavy technical specs) and new ones into sleek, slick user-friendly environments. Versions for business use are now on the market. Basic and premium versions for consumers will be available at the end of January.
Realizing that they would miss the lucrative Christmas selling season this year, Microsoft and computermakers are offering holiday buyers coupons giving them a free upgrade to Vista when it hits the market.
But retailers seem to have put selling "Vista ready" machines and the coupon program on a back burner and are concentrating on slashing PC prices to rack up December sales, says Toni Duboise, a senior analyst at Current Analysis, a tech research firm in Sterling, Va. Ironically, Ms. Duboise says, "Most consumers really didn't know about Vista until [Microsoft] announced that it wasn't going to come [before Christmas]."
Vista has had a higher profile with tech-savvy, high-end buyers who want the latest. But even some of them are likely to give in to holiday bargains and buy now, waiting to "deal with Vista when it comes out," Duboise says.
With Vista almost certain to become the dominant OS inside the world's PCs well into the next decade, missing the Christmas sales season this year is an "almost insignificant" part of its overall impact, says Michael Gartenberg, a senior analyst at JupiterResearch in New York, which follows consumer technology trends.
"This is a major, major upgrade," Mr. Gartenberg says, "Microsoft's best work to date in terms of an operating system." Users will find that in the Vista environment, "Things flow much more naturally," he says. "It feels like a much more holistic and polished experience."
According to Forrester Research in Cambridge, Mass., the OS that Vista is replacing, Windows XP (introduced in 2001), took more than four years to be installed on a majority of PCs. Today it still occupies only 76 percent of the PC market. Older versions of Windows, such as Windows 2000, make up most of the rest.
Forrester predicts Vista will be adopted at a similar or slightly faster rate than was XP. Twelve million American households will have Vista by the end of 2007, Forrester says, and 73 million by the end of 2011.
Vista's impact is bound to reverberate throughout the world of PCs as new hardware and software takes advantage of its capabilities, analysts say. Every dollar that businesses and consumers spend on Vista is expected to create $18 in revenue for related products and services, predicts a Microsoft-sponsored report from tech research firm IDC.
In the years ahead, nearly all PCs will migrate to Vista as Microsoft drops its support for earlier Windows operating systems, says Ben Gray, a Forrester analyst.
Early sales are expected to come mostly from consumers. Businesses are notoriously slow to adopt a new OS. A Forrester survey of more than 450 North American enterprises earlier this year found 11 percent said they would switch to Vista within six months of its release and 29 percent within a year. But 60 percent said they either would wait longer than that or had no plans to switch at all.
Because businesses must test how their own applications work on Vista, it could take them six to 18 months to get ready to deploy, Mr. Gray says.
PC owners will be able to buy a copy of Vista to install on their current computer. But the computer will have to be "Vista ready" – most likely a fairly new machine with plenty of memory and other robust technical specifications. To add to the confusion, four versions will be available – Home Basic, Home Premium, Business, and Ultimate – each with its own set of features and requirements. Microsoft's Vista website offers advice (microsoft.com/windowsvista /getready) that can help determine which version, if any, an existing computer will be able to run.
Anyone installing Vista will have to be computer savvy. "I wouldn't advise a Vista install," Duboise says, calling the process something "not for the faint of tech heart." But Gartenberg is less daunted. "We're dealing with a pretty sophisticated digital consumer these days," he says, "and I don't expect it's going to be a huge issue."
A survey of computer sales last month by Current Analysis found that about one-third of the laptops and about 60 percent of the desktops sold would be able to run Vista Premium.
Half of the PCs in use by businesses today can't run any version of Vista, and 94 percent can't run Vista Premium, says a report from Softchoice Corp. Though Vista Basic should operate with 512 megabytes of system memory, for example, 1 or 2 gigabytes is recommended for Vista Premium, the version that displays the most innovative aspects of the new operating system.
"If you want to experience what Vista is all about, you want to go to the Premium," Duboise says.
Earlier this month, Gartner Inc. predicted that Vista would be the last big release of a new Windows operating system by Microsoft. "The next generation of operating environments will be more modular and will be updated incrementally," the research firm said in a forecast for 2007. "The era of monolithic deployments of software releases is nearing an end. Microsoft will be a visible player in this movement, and the result will be more flexible updates to Windows and a new focus on quality overall."
But both Duboise and Gartenberg see major Windows releases still ahead. The era of "software as a service," not on your PC, is not here yet.
"People have been saying for 10 years that the operating system is irrelevant, and everything is coming through the Internet," Gartenberg says. "Yet more and more is still being done through the operating system."


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As most of you have heard by now, Time magazine recently named its "Person Of The Year." Ben Bernanke may not have been a sexy choice, but considering how the economy has affected so many of us in 2009, the Chairman of The United States Federal Reserve was probably the right choice.
This selection also got me thinking about who the most influential person in the world of pro wrestling has been over the past year. Of course, with WWE's stranglehold on the industry, Vince McMahon is and probably always will be the person, who for better or worse, has most influenced the events of the past year.
But McMahon is too easy and obvious a choice as far as I'm concerned. To simply blurt out McMahon requires no thought, introspection, or analyses. That's why I would nominate TNA President Dixie Carter as wrestling's person of the year.
Does Dixie wield as much power or cache as Vinny Mac? Of course not. Has her company grossed as much revenue as McMahon's? Not even close. But she did do something nobody's been able to do in more than a decade-she got Vince and WWE thinking about competition.
Like many of you, I predict Hogan's run in TNA will be a flop and the January 4th head-to-head battle will be a ratings slaughter that ends in WWE's favor. I doubt TNA is in any position to usurp WWE's place atop the business, and regardless of what happens on Jan. 4, WWE will remain the most dominant brand in the industry. And I'm sure Vince is losing little sleep over TNA's "challenge." But, when was the last time WWE had to concern itself with another wrestling promotion for any reason? Paul Heyman, Gabe Sapolsky, Anonio Inoki, and Carey Silkin haven't breached that barrier in recent times. But Carter did it in late-November and for that I think she is 2009 wrestling's person of the year. What do you think? Let me know who you think wrestling's Person of the Year was in '09 and why.
--Frank Krewda
Thursday, December 17, 2009
Pro Wrestling's Person of The Year
3 comments:
- Pro Wrestling Illustrated said...
Dixie is a good choice. Another contender would be Linda McMahon, whose Senate bid has probably influenced WWE's product - and its attempts to alter its public image - throughout much of the year as much as anything.
-Al Castle
PWI Contributing Writer
- December 18, 2009 at 10:26 AM
- Michael said...
Dixie makes sense to me. While it won't make TNA a huge contender, it has gotten the wrestling world buzzing about their product. It was a bold move on her part. For the fan's sake, let's hope she makes the most out of Hogan's contract.
- December 18, 2009 at 1:28 PM
- This comment has been removed by a blog administrator.
- December 30, 2009 at 12:24 AM
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subset: commoncrawl


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Need windows OS optimization software with Microsoft approval.
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An quiz/exam software like like vce, transcender, measure up. I would like this software to be developed as a portal and mobile app. Also I would need to be able to create multiple exams like MCSE, ACCA, and the different years for each exam. Experience in this area is required, also share portfolio and specify real price
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assalamualaikum. Saat ini Agen Pemasaran Properti Syariah yang sedang berkembang Membutuhkan Tim Web Developer dan Maintenance, Desain Poster dan Video Maker yang berdomisili di Bekasi. Syarat Pria dan Beragama Islam. Usia di atas 25 Tahun. Bagi yang berminat silahkan pasang biding nya
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Mayor's Office
Mayor Chris Beutler today encouraged the community to respond to the child abuse allegations at Penn State by supporting the Child Advocacy Center (CAC), which serves children who are victims of serious physical and sexual assault. He and CAC Executive Director Lynn Ayers also stressed the importance of reporting suspected child abuse by calling local law enforcement agencies or 800-652-1999.
"Let's be the city that stands up and says, 'We will take a stand. We will make a difference. We will be there for our kids,'" Mayor Beutler said. "Let's channel our anger into a positive outcome for the children about whom we care. Child abuse is not limited to one university or one city. Unfortunately, child abuse is societal problem, one that we cope with every day right here in Lincoln, Nebraska."
Beutler urged the public to take action this Saturday, November 12:
Ayers said the CAC will serve about 1,000 children this year, but many more cases go unreported. "For every case that gets reported, there are 10 others that go unreported," she said. "Every day at the Child Advocacy Center, we salute the courage of the children who come forward to speak of their abuse. Sexual abuse thrives in a culture of secrecy and shame. As adults, we must demonstrate the same courage and act to protect our children. Educate yourself about the problem and if you suspect abuse, report it. It's really that simple. No exceptions and no excuses."
Working with law enforcement and other agencies, the CAC offers a safe, child-friendly environment for forensic interviews and medical evaluations of the child victim, and on-going support for the child and non-offending family. More information on CAC is available at smvoices.org.


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Willow Garage on PBS' America Revealed Tonight
Last year, the production team from Lion Television descended on the Willow Garage office for a day of intensive filming. Lion Television is a top-notch independent production company and they were hard at work on America Revealed. America Revealed Website
Host Yul Kwon the production team got the know our company and the PR2 pretty well.
Photo Credit: PBS
America Revealed is a four-part PBS series that has been looking at the systems and networks that keep America running. With the first three episodes already aired, Willow Garage plays a role in the final episode, "Made in the USA." This episode examines the fact that the United States is actually the number one manufacturing nation on Earth, and what manufacturing looks like in the U.S. in the future.
The show airs in the Bay Area on KQED this Wednesday, May 2 at 10:00 pm. To check the local listing in your area, please click here America Revealed Schedule
Part of the day involved our PR2 robot taking one of the company dogs for a walk.
Photo Credit: Willow Garage
We're very curious to see whether this will survive the editing process.
The segment did air. You can watch it here on the PBS website.


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Liberty News
Freshmen flock to Chancellor's Cookout
Liberty University kicked off the 2009-10 academic year with a bang on Thursday night. Chancellor Jerry Falwell, Jr. and wife, Becki, hosted the largest Liberty freshman class on record at Williams Stadium for the annual Chancellor's Cookout.
After treating the new students to dinner at the stadium, Chancellor Falwell officially welcomed them to Liberty. The students have been on campus this past week for Freshman Orientation, prior to the beginning of classes on Monday.
Liberty University Director of Athletics Jeff Barber also welcomed the students and introduced them to the history of Liberty Athletics.
Freshmen learned a few Liberty Flames game day traditions taught by Liberty Athletics, the Spirit of the Mountain marching band and Liberty's cheerleaders.
Near the end of the festivities, head football coach Danny Rocco thanked the crowd for their support and introduced them to the football team's freshmen players.
Then came a taste of game day as the football team entered the field from the Liberty Flames tunnel to the cheers of the crowd. The Flames took to the field for their final scrimmage of training camp.
New students will get to show their school spirit on Sept. 12 at the first Flames football home game of the season.


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Hello Everyone,
I hope that life has been good for all of you over these last three weeks. I am back home, exhausted, but feeling as though my trip was a great success, for the most part. Unfortunately, I had major computer problems (my logic board died). Having two external hard drives, as well as a 'cloud', for backup is not of much comfort when you are 3500 miles away from home and you cannot get material onto your laptop at all.
Repairs have been done, and now when I reboot, happily I hear the purring of the hard drive and see the little Apple symbol instead of silence and a black screen. Today I was finally able to successfully download documents, and approximately 2300 photos from my cameras. All that is left to do is some major organizing. I'm ready to get back to work, and will make a fresh start tomorrow.
Cheers! Jennifer
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Tuesday, September 7, 2010
Back home, a little worse for wear, but with all technical problems ironed out
1 comment:
Comments on this blog are always deeply appreciated; however, in the spirit of true collegiality, I ask that you do not write something you would not say to me in person.
This blog is CAPTCHA free, but because of spammers, comments moderation is in operation for posts older than two days.
Any comments that are mean-spirited, include URLs which are not connected to the post topic, contain misinformation, or in any way resemble advertising, will be removed.
Cheers, Jennifer
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Capt. demoted: Dishonesty insubordination alleged after investigation
City administrators demoted a Wapakoneta Fire Department captain alleging "dishonesty" and a "failure to follow directives."
The firefighter claims he is being disciplined for his inability to recall the exact comments, times and dates he made comments to Wapakoneta City Council members as a private citizen and the fact his memory is faulty should not be constituted as "lying."
Wapakoneta Safety-Service Director Bill Rains issued a letter on March 19 informing Tom Stinebaugh, who was hired Nov. 15, 1992, and promoted to captain Jan. 13, 2006, that he was demoted from a captain-emergency medical technician (EMT) to a firefighter-EMT effective immediately. After being placed on paid administrative leave Feb. 27, Stinebaugh was told to report to work at 7 a.m. March 25 as a firefighter.
In the letter, Rains said he reviewed all the evidence including items submitted by the city and the union as well as Stinebaugh's personnel file. Rains conferred with Fire Chief Kendall Krites regarding a predisciplinary conference held with Stinebaugh on March 16.
"A captain in the fire department must be a role model to other employees, a leader to firefighters and trustworthy to the fire chief and the department," Rains wrote in the letter after talking with Krites. "Your performance as a captain has not indicated these qualities as indicated by your performance evaluations as a captain and this most recent investigation. While you are not expected to always agree with everyone, you are expected to be honest and to follow directives. Not only is dishonesty unacceptable, but your failure to follow directives cannot be permitted."
On Monday, Rains said an investigation into the action and behavior of Stinebaugh was conducted and it was determined "he acted inappropriately in regard to our policies and procedures and he was demoted." He noted during an investigation a city employee "cannot not tell the truth."
The safety-service director had Police Chief Russ Hunlock conduct the investigation.
Krites said in a telephone interview Monday the disciplinary action started with him and extended to Rains. He noted the senior firefighter on Stinebaugh's shift would be acting captain until a promotional exam can be given and a firefighter promoted.
Stinebaugh has filed a grievance with the safety-service director to review the case and Stinebaugh is waiting for Rains' reply.
Stinebaugh told the Wapakoneta Daily News he believes the investigation centers on him talking with three members of Wapakoneta City Council regarding his concerns with the city purchasing a new pumper-heavy rescue vehicle costing more than $500,000. He said he also voiced those concerns with other firefighters and with Krites.
"I felt it was not an efficient use of the taxpayers' money at this time and the way the economy is," Stinebaugh said. "I believe people should be concerned and the purchase concerned me.
"I am just looking at the need right now for this new vehicle," he said. "What I wanted them to do was the same thing, to look at it the same way. Do we need this vehicle now, can we afford it now. I wanted them to do their due diligence. This is what the citizens are going to make them do."
He said he was off-duty when he called and expressed his views with the three councilors including the councilor representing his ward. Stinebaugh lives in the 1st Ward and is represented by Jim Neumeier.
During the investigation, Stinebaugh said he had difficulty recalling the exact dates of the conversations he had with the councilors — a point of contention in the investigation.
"I just think there has to be a difference between purposefully lying to a person and not remembering the facts as they were," Stinebaugh said.
If Rains does not reinstate Stinebaugh as a fire captain, the next step would be for Stinebaugh to seek a hearing before an arbitrator where both sides would present evidence and make arguments.


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Man Up Full DurationFull Man Up Online Streaming with duration 88 Min and broadcast on 2015-05-29 and MPAA rating is 113.
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- Language of movie : English,
- Durationof movie : 88 Min
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- Simon Pegg ( Jack )
- Lake Bell ( Nancy )
- Olivia Williams ( Hilary )
- Ophelia Lovibond ( Jessica )
- Rory Kinnear ( Sean )
- Sharon Horgan ( Elaine )
- Ken Stott ( Bert )
- Harriet Walter ( Fran )
- Henry Lloyd-Hughes ( Daniel )
- Dean-Charles Chapman ( Harry )
- Stephen Campbell Moore ( Ed )
- Paul Thornley ( Adam )
- John Bradley ( Andrew )
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Director : Ben Palmer, Writer : Tess Morris, Producer : Nira Park, Producer : James Biddle, Producer : Rachael Prior, Original Music Composer : Dickon Hinchliffe, Director of Photography : Andrew Dunn, Editor : Paul Machliss, Executive Producer : Simon Pegg, Executive Producer : Matthew Justice, Executive Producer : Dan Cheesbrough, Executive Producer : Christine Langan, Executive Producer : Joe Oppenheimer, Executive Producer : Danny Perkins, Executive Producer : Jenny Borgars, Costume Design : Suzie Harman, Production Design : Dick Lunn, Line Producer : Daniel Gulliver, Co-Producer : Martin Heriot, Casting : Nina Gold, Casting : Theo Park, Art Direction : Andrea Matheson
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WALTHAM, Mass. – The Brandeis Swimming and Diving teams dropped a pair of dual meets this weekend despite several standout individual performances. Earlier today, the men and women lost at home to Bentley University by scores of 149-103 and 135-106, respectively. Brandeis lost yesterday on the road to Providence College. Scores were 118-70 for the men, and 142-58 on the women's side.
Against the Bentley Falcons, the Judges were paced by a trio of two-race winners on the men's side. Rookie Brian Luk (Hong Kong/Northfield Mount Hermon) led the way in the sprints, taking both the 50- and 100-yard freestyle races. Luk won the 50 in 22.79 seconds, and finished the 100 in 49.08.
Sophomore Max Fabian (Keene, N.H./Oak Meadow) won one of the distance-freestyle events, finishing first in the 1000-yard race with a time of 10:10.28. Fabian also won the 200-yard individual medley with a time of 2:08.75.
The team's third double winner was rookie David Lazarovich (Stowe, Vt./South Burlington), who swept the breaststroke events. Lazarovich won the 100 in :08.48, and took the 200 in 2:27.78.
Brandeis' first-place finish on the women's side came from rookie Lauren Cruz (Redmond, Wash. / Hamilton East-Steinert), who won the 1000-yard race in 11:37.90.
In Providence, Brandeis faced a Division I team that routinely faces some of the top competition in New England. The Friars also compete in a 25-meter pool, a change of pace for the Judges. Brandeis typically competes in slightly-shorter 25-yard pools.
Leading the way was Fabian, who again was a double winner for the Judges. The sophomore transfer comfortably ran away with the 800-yard freestyle, finishing in 8:48.70. His 400-yard race was much tighter. Fabian touched the wall in 4:20.23, just beating Providence sophomore Justin Tse (Framingham, Mass./Lincoln-Sudbury Regional), who finished in 4:20.36.
The Judges had two other winners against the Friars. Senior Holly Spicer (Northampton, Mass./Northampton) continued her hot start to the season with a victory in the 100-yard breaststroke. Spicer finished the race in 1:17.71, out-touching Providence sophomore Leia Federiconi (Williamsville, N.Y./Nardin Acad.) by .48 seconds.
Luk also earned a victory against Providence. The first-year comfortably won the 100-yard freestyle, finishing with a time of 55.10 seconds.
The men's and women's sides both have the rest of November off. They will travel to Wesleyan University to take on the Cardinals on Dec. 1. Brandeis' next home meet will be Jan. 26, 2013 against Worcester Polytechnic Institute.


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Parent Directory | Revision Log
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Bug #489782 - LibreOffice, not OpenOffice (anymore)
Fix bug #463465 - Use ext4 consistenly in sparc handbook
Fix bug #463479 - Update partitioning information on that OBP versions higher than 3 support larger root file systems
Fix bug #451596 - Mark ext4 as recommended fs
Bug #334167 - Update filesystem information for ext4 for the arm, ia64 and sparc architectures
Update the Sparc handbook for the autobuilds. Major version bump for this release. Fixes bug 260403, bug 292726, and bug 234310.
minor arch rename, bug 296744. no content change, so no revbump
Engrish fixes, bug 253374
As announced on the list (http://archives.gentoo.org/gentoo-doc/msg_e721be404c6a5ae8ce5c5bf02f45381c.xml), assume all arches are using the libata framework, so sd* everywhere. includes updating block device and partition descriptions. also added a new included file for boot config (starting sshd, hdparm, etc). synced up several wayward files, including sparc. also changed/dropped usage of some now useless keys, since everyone's using sd*. lots of intensive, invasive changes. and i never even used sed once.
release time. note that since this is beta1, the release dir and stage/media names have been adjusted accordingly. also, the handbooks are marked with a disclaimer=draft, so once the final is out, that will be removed and the release names adjusted. in the mean time, these are live. the beta is officially released. no, it's not april fools, but it is april 1st. :)
fixing tree type confusion. spank whoever told me to add that ext3 stuff in the first place, and me for blindly adding it. all fixed now; also fixed reiserfs, since it's actually B+, not B*
2007.0 release is here; final changes and new docs
Removing -O dir_index was not clever. It'll have to be removed for 2007.0 though.
Reworded reiserfs and ext3 descriptions for bug 153518
version fix and bump
2006.1 networked docs are in. portage handbook still untouched per separate bugs. thanks to all the hard work, guys. blame me if something is wrong (and please fix quickly) :)
#91769 - Update on allowed partition size for certain Sparc systems
Bug #107120 Fixed poor grammar
#103723 warning about mount -t ext3 not required anymore
#101034 - Adding "-O dir_index" information to the guide Leaving it out of the real example mke2fs command to "stage" it. When we know more about this b-tree stability and architectural support we can follow the SPARC handbook and use it by default.
#92450 - Add in information about the size of the Portage tree
Adding information on ext3-mounting issue. I mistakenly took the issue for resolved for the network-based installation instructions, but that is not true for the mount-command on the installation cd, only for those in the installed environment
Updating docos to 2005.0
#82559 - People got confused about the sentence :/
Bumped version/date
Sparc really doesnt like reiserfs/xfs
Separation of Gentoo Handbook into Current and 2004.3
Removed rogue "
Converted dates to YYYY-MM-DD format
Moving 2004.3 documentation
Adding version/date information in pages
Use Portage, capitalized P, wherever possible
#63752 - Add "and SATA" to the 15-partition limit warning
#62186: Fixed language mistakes all over the place thanks to John Richards
#61651 - Tell the user that there is a 15-partition limit for SCSI
#50289 - Move mounting of /proc right before the chrooting. This also takes care of the errors users receive while unpacking the stage tarballs. Apparently logics is something the crowd wants less
2004.1 release. Moving docs from draft/ to correct space. Hopefully this goes without any issues *crosses fingers*
coding style in the table
Fixed mismatch root/boot & partition numbers
Adding Gentoo/SPARC instructions atomically
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Winter Weather Advisory Issued for the Duluth / Superior Region as April Snow Storm Looks to Bring Several Inches of Snow
With temperatures flirting with 50 then dropping below freezing, this spring has certainly been a weather roller coaster. In another one of the low points of the season, the Twin Ports is the target of a winter storm that is expected to bring several inches of snow this weekend.
In response to the approaching storm, the National Weather Service has issued a winter weather advisory for the immediate Twin Ports region and Northern Wisconsin. The advisory goes into effect at 8 pm Friday and goes through 4 pm Saturday.
What to Expect
The National Weather Service anticipates mixed precipitation as this system moves into the area Friday evening, eventually changing to primarily snow through the late night hours of Friday and into Saturday. The advised area could see between 3 and 6 inches of snow, with the potential of some locally higher amounts. Some places near Lake Superior may see up to 8 or 10 inches before the end of the weekend. The heaviest band of snow is expected to span from just west of Duluth along a line that follows Highway 2 into Northern Wisconsin. Pockets in areas like Two Harbors and along the shoreline could see heavier amounts as well.
The mixed precipitation and heavy, wet snowfall may impact travel with slippery roads becoming likely. Travel with extra care.


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I follow "Community Contributions" and I'm testing every new WM what's out there. I know C and I would like to write the WM. How did you learn to write your first WM?
What would you suggest to starting WM programmer? Reading Xlib (or others) reference manuals or just studying other WM's source code? Or something else?
I'm working on writing a window manager currently (not quite ready for release), but I'd suggest diving right in. Xlib / XCB seem really daunting (and, quite honestly, they are) but you'll learn more more quickly -- even if it is a bit more frustrating.
I'm also writing mine in Python, which may or may not be a mistake. C's Xlib is much better documented than Python's port, which can make it super frustrating to try and find out how to do what you want done.
"Unix is basically a simple operating system, but you have to be a genius to understand the simplicity." (Dennis Ritchie)
How do you learn best? Do you like to reverse-engineer other people's code, or do you prefer reading the specs and starting from scratch?
If you like to start with other people's code, take a look at TinyWM (it's in the AUR). It's only 50 lines of C and the code is heavily annotated. It also comes with a version written in python. Tiny Tiler / Tabbed Tiler Window Manager (ttwm) is based on TinyWM, and it's also in the AUR.
You could also look at some of the minimal tiling WMs people have written loosely based on dwm (catwm, dminiwm, monsterwm, and snapwm to name a few).
Last edited by 2ManyDogs (2012-09-25 20:18:28)
I've checked TinyWM and I understand it pretty good cos it's really simple, but I'm interested in something more complex (like workspaces implementation, tiling, etc.).
Going to check out catwm, ttwm, ...
I can testify that catwm is a nice wm to start off working with. It uses simple syntax, there's not too many lines to scroll through and it has a couple of bugs that'll need fixing. One of the first things I did when starting off with it was to reorder the functions so I could have a better idea of the 'flow' of the wm processes and how xlib works.
Thanks again pyknite for sharing it.
You're just jealous because the voices only talk to me.
TTWM's code is a complete mess. I don't know what kind of fool is responsible for that collection of kludges!
I'll second the recommendation for TinyWM, but once you want to dig deeper I'd suggest looking at other non-reparenting window managers. I don't know of any non-reparenting floating WMs other than TinyWM, so that may leave you with the tilers - many of which have been mentioned.
Dwm is a good choice. That is some finely polished code that has some bright people working for some time to perfect it. But it has the downside for learning that it does implement many more "complex" features. It can also be hard to follow the program logic sometimes as there are so many function calls - you have to scroll back and forth through the code while trying not to lose your place ... bring your breadcrumbs.
In my own coding I try to minimize function calls - not for optimizing the code, as the compiler will handle this pretty well - but for making it more readable. In every place where a series of actions will be executed in a linear order, I try to keep the commands presented in a linear order within the same function. Along with this I avoid complicate macros or inline functions: if they'll be inlined anyways, there is no saving on resource use at run time, but only saving a few lines of code while sacrificing the ease of reading and understanding.
Also, if you have not found it yet, I highly recommend Christophe Tronche's Xlib guide. I can't say I ever just read through it from start to finish (yet), but when I google any Xlib related function if there are any entries on tronche.com that is the first one (and then often the only one) I look at.
PS: there's nothing fancy about workspaces/desktops. You just maintain a list of client windows on each desktop - or have "tags" associated with each client - then when the user changes desktops you just hide all windows that are not on that desktop/tag and show those that are. Hiding can mean "unmapping" but I preferred an easier hack which I found the dwm authors also used: just move the window (XMoveWindow) off of the screen. Unmapping might even be problematic as it generates a set of events when unmapped and remapped. This can be remedied and there may be good ways of doing this, but moving off screen works for me.
Last edited by Trilby (2012-09-26 01:32:22)
"UNIX is simple and coherent..." - Dennis Ritchie, "GNU's Not UNIX" - Richard Stallman


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I've been too busy for card making for months now so have had to start sending people shop-bought cards. But when it came to my fiancé's birthday I wanted to do something special; or at least, a quick and simple make that at least showed I had made an effort.
I gave him a selection of birthday presents related to Marvel superheros - as well as films like Avengers and Captain America, we've been watching all the Marvel and DC universe television series together, and I'm currently really hooked on Arrow.
A while ago I got a couple of rolls of Marvel wrapping paper from Primark of all places and used this to wrap his gifts. I also decided to use this as the background to his birthday card to create a comic book card, so cut out a piece of wrapping paper and stuck it onto a large A5 card blank.
I printed out the words 'have a super birthday' from the computer and mounted the strip of paper onto a yellow and red polka dot backing paper and placed the middle of the card. I cut out the words 'bang' and 'pow' freehand - the sort of thing that would appear on screen in the very old Batman TV show if anyone remembers that? I used red and yellow polka dot paper for that and mounted it on the reverse print backing paper.
Sunday, June 5, 2016
Superhero birthday card
Posted on 1:31 AM by Online Shopping PH
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Basics of Analyzer Sample Systems - Parts 1-2
Here's How to Know Your Process Conditions by Calculating Dead Spaces, System Lag Time and System Pressure Drop, Simplifying a Planned System and Picking the Right Equipment for It
If you had to design and install a process analyzer sample system today, how would you do it? First, remember that an analyzer system includes the sample tap, sample system, analyzer, sample return, signal transmission and control system. If any of these components fail, your company won't gain the economic benefits the system was supposed to produce. And don't forget, it's generally accepted that sample systems are victims of the Pareto principle, which is that 20% of a system consumes 80% of the resources because they're responsible for 80% of analyzer system problems.
While the engineer's golden rule of "keep it simple, stupid" (KISS) also applies to sample systems, this time it also stands for: Know your process conditions; Involve the right people; Simplify the system; and Select the right equipment.
Get the Right People
In addition to process engineers, a project team will involve several other people as well. A likely group will include the following:
A chemist—A representative from the laboratory who will not only provide the stream composition but also know the present method of analysis used on the stream.
Maintenance/Analyzer Technician—A person, or group of people who must be involved from the beginning, not only to gain get a sense of ownership of the process, but also to understand the technology and equipment before it arrives on-site to get commissioned.
Project Manager—A person who coordinates the entire project, gets the funding, arranges for necessary approvals and other important duties as they come up.
Know the Process Conditions
It's important to understand the process conditions, not only at the sample inlet, but also at the analyzer and all along the sample loop. To do this, three basic calculations must be made: 1) dead spaces; 2) system lag time; and 3) system pressure drop.
Using this information, a phase diagram (Figure 1) should be generated for all sample streams. This diagram represents how the fraction of liquids, solids and vapors change as a function of pressure and temperature. It is invaluable when trying to determine if there are condensable products in the stream that can later be vaporized as the pressure decreases. This is similar to checking for cavitation in control valve sizing, only in reverse, since rather than looking for vapor in a liquid, one is looking for a momentary liquid phase in a vapor stream. A process or chemical engineer can generate this diagram, along with a range of pressures and temperatures over which the system may be operating, from the stream composition.
Dead Spaces Often Overlooked
One of the biggest and often overlooked items when designing a sample system is dead spaces or volumes. Dead spaces are parts of the sample system where pockets of fluid can become trapped and can't move along with the remainder of the sample. Perfect places for dead volumes are tee fittings, separators or any other sharp-edged flow change. To minimize its effect, use the following rules:
- Minimize tee fittings in the system;
- Purge the sample system three times for each analyzer cycle;
- Use the smallest size fittings able to do the job within other constraints;
- Use the minimum number of fittings possible, which reduces dead time and minimizes potential leak or failure points;
- Operate your continuous sample systems in the turbulent flow regime.
For example, the first column of Figure 2 shows a configuration designed to minimize dead volume. The three-way valves eliminate elbows, and when a stream isn't flowing to the analyzer for measurement, it's still flowing to a vent or sample return point, ensuring a continuously fresh sample at every point in the system. The second two columns show the configuration when streams AX-1A and AX-1B, respectively, are being analyzed.
Lag Time Depends on Velocity and Volume
The second item to consider and one of the first things to calculate is the system lag time. System lag time is the sum of the analyzer cycle/measurement time and the sample lag time. Meanwhile, sample lag time is the amount of time it takes for the sample to travel from the sample point to the analyzer sensor. It's simply the volume of the sample system divided by the velocity of the flow and can be calculated using Equation 1.
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Comments on A More Useful 404
by Dean Frickey
56 Reader CommentsBack to the Article
It's true, a 404 page isn't often something that is in the forefront of the designer/developer's mind when building a site but it really is important. One error or bad link is often enough to make the user leave and never look back but if your 404 page soothes them and makes them feel like you're sorry for any inconvenience and you want to help them find what they're looking for then you stand a good chance of keeping the visitor.
All good stuff!
Hi Dean,
of course you can do something about wrong links in search results. The best solution would be to redirect the user to the correct page, assuming that just the link has changed.
Otherwise, you can use the Google Webmaster Tools / Yahoo! Site Explorer / or any of the other search engines webmaster tools to remove that page from their index and allow users to have a better experience on the web.
Olaf Offick
Has anyone used the Google 404 code from Webmaster Tools?
Its a javascript snippet you put in the body of the page and it will try to suggest other pages in your site (that are in the Google index) that match the bad URL the user typed.
Just wondering how well it works.
Sometimes it is also a good idea to redirect a 404 to the index-Page. Especially if you totally changed your site structure and you can't redirect each old url to the new one, this might be an option. Otherwise you may lose a lot of link power.
I'm sorry, but I just don't subscribe to this notion at all.
For one, the execution could easily result in lots of emails from any number of badly configured web spiders. I mean, we've all seen the number of 404s our sites get.
It's certainly not unique to get reports on the location of outdated links. But the article is just a taster of what is possible. It would be much more worthwhile to see an article on how to utilize something similar as part of a 500, with a complete debug/trace going to the developer. Perhaps thats the coder in me speaking out and has little place on ALA.
I'm currently using Ruby on Rails as my default web application framework, and it makes it incredibly easy to handles these missing requests. Simply create a "catch-all" controller that will log what the user requested, the number of times that has been requested, and you can put in the logic for directing them to a proper page (say you've analyzed where multiple users are going, and you know what they are trying to get to).
This is helpful since handling errors is often forgotten about during the rush to go live.
If you are scripting this type of thing, it may be useful to log all 404 errors per session/IP address/IP range and choose some sort of threshold to terminate a session or temporarily ban the IP address. The threshold level will depend on the sensitivity of data on the site and say whether a user is logged in. If there are many 'not founds' in a short period of time, this can be an indicator of someone scanning the site. But if you have opted in to something that scans in this way (perhaps a remote vulnerability assessment tool), you'll need to exclude that from any filtering. 404 logging should also be correlated with server error logging (as Peter alludes to above).
When using any data that can be modified by a user such as HTTP_REFERER or the REQUEST_URI be very careful about using it in scripts, writing it to your database, including it in an email or displaying it back to screen. If you are not careful, these could lead to added vulnerabilities in the web site.
The 404 page/script should also return a 404 'Not found' HTTP status code. Interestingly on ALA, the link to your (Dean Frickey's) details:
returns a 'not found' type of page, but the status code is '200 OK' like other 'not found; errors on ALA. Reference:
bq. Interestingly on ALA, the link to your (Dean Frickey's) details:
Temporary CMS hiccup. Sorry about that. Dean's bio is of course online and the link works.
bq. The status code is "˜200 OK' like other "˜not found; errors on ALA
Thanks for alerting us to the issue.
This solution is a duplication of effort, more complex than it needs to be, and opens up a potential attack vector that could otherwise be closed.
Web servers log the HTTP referer for every request, in addition to the user agent string, originating IP, etc. The same thing could be done with a script to pull out all 404s from the access log and analyze them the same way. If you want the script to e-mail you, it can be run in a cron job.
Using the logs means not needing to run extra (interpreted) code for every 404 request to pull the same information from the environment that's already available in the log. In addition you can turn of server-side includes, which removes a potential exploit vector for your server.
The goal of informing the developer when users are seeing 404s is laudable; the method proposed here is inelegant.
I think it's at least important to send 404 headers.
For the search-engine induced broken link, you can help / speed up the searchengine update by making a 301 redirect. either you create the missing page, only including the redirection inside, or if you are more savvy, use your .htaccess to do it( much cleaner).
info here : http://www.webconfs.com/how-to-redirect-a-webpage.php
Kevin, your comment regarding duplication of effort is absolutely correct, however it only deals with half of the problem. This solution gives you the flexibility to handle the error message that appears to users, which is more important.
Honestly, the e-mail part of this is likely unnecessary, as most basic server-based stats software will list these pages. But the increased usability for the end user is stellar, and more sites should be implementing this thought process where possible.
I agree with Chris. The idea here is not only to alert the webmaster (which certainly can be done in other ways) but also to provide better feedback to the user. In this light, I'd also be interested in experimenting with the Google 404 script that Jeremy mentioned. If it's possible to include search results for the most likely page the user would have been looking for, that would add even more value.
while I understand the comments above, I think this technique has great value to clients - especially those who never go 'under the hood' of their CMS. I can see myself coding this option in as a standard feature.
I also appreciate the ever-present consideration of a well maintained site. (there are a lot out there that still are not.)
Good show.
one thing that wasn't mentioned is the slew of personal firewalls/security programs that strip http-referer headers from all requests for privacy reasons. i would make note of that in the 404's content for the first case, but still wouldn't send an email.
Certain software, such as AVG virus checker:
hijacks 404 pages in the browser in order to display their own ad page.
I find it impossible to use the 404 status header because of this
I've seen quite a few sites (mostly content focused) that take some of the query string parameters and use them as a search to produce a list of pages that the user might have been trying to reach. Not exactly guaranteed to pull the right page, but might save the user some time, and keep them from leaving the site altogether.
First, as other people have said, you ought to give the user what they want: a way to find that content.
Whether it's "a simple search box":http://www.mediauk.com/asjuhsdhiufds or a "simple site map":http://www.absoluteradio.co.uk/askjhdskjhfds or the "Google 404 script":http://james.cridland.net/blog-and-a-404 you're missing a trick if you simply create a "nice looking 404 page".
Second, you forgot to stress that it should still return a 404 HTTP header (if not, you're causing a LOAD of issues with Google). And you might also want to use custom Google Analytics code on the page too, to enable logging of everything in a viewable way.
All this is for nothing if your custom 404 page is 512 bytes or less: because, if you're running Google Toolbar, if it's 512 bytes or less, Google serves you a rather better 404 error anyway. Overwriting yours.
And I strongly recommend against firing off automated emails: if your site is even mildly attacked by bots trying to find a way into your SQL/membership data/credit card data, then you've made your problem a whole lot worse.
404 errors that aren't custom create confusion for both the user and yourself. Awesome writeup on how to actually implement it.
Fine, I'm not a professional; I'm not even old enough to be classed as one. But personally, and from my point of view, can I congratulate the author on another great ALA article. It appeals to my more practical mind, and even made me update my 404 page.
In response to everyone else's comments, I would like to add my own thoughts: firstly, that I rewrote this in PHP, hence reducing the security concerns I think. (If someone more experienced would like to comment on this, please do, I love being proved wrong.). Secondly I think that automated email do have their advantages - having received 4 about one link motivated me to do something about it; logs are very good for statistics but don't give me the imperative to do something (stress on the "me" there).
And if James is following these comments, it would be interesting to know what harm emails cause.
bq. If a spider follows a link to a page that doesn't exist, then the e-mail message from that will allow me to correct the link and the 404 goes away.
Except that Slurp goes around deliberately making up URLs that it expects not to exist, so that it can check the site is correctly sending a 404 for non-existent pages (so it knows it can assume that a 200 page really is A-OK). You don't want to be notified of every instance of this. I'm sure there is something in the user-agent string that you look for and use some sort of trickery to filter those out.
I have taken this stuff into consideration when doing redesigns for a number of sites. Instead of sending emails, I created a database to capture that data and then allowed the client to provide a correct URL for common issue pages and turn it into a redirect page. It also allows the user to see a list grouped by common pages and know how often it comes up.
Much more useful than an email every time something comes up. Also more scalable than the method in the article.
Just one thing.
If a user is reading certain page from your site, and manually types a new URL but gets a 404 error, wouldn't that count as "a bad link on your site"?
For example, someone that's on www.domain.com and types in the address bar www.domain.com/contact.
Wouldn't that send a HTTP_REFERER with your domain? Then you would get an email saying there's a bad link on the index page when there really isn't.
Maybe I'm getting confused here, but I wanted to ask to make sure.
i was looking some place where I could get complete info about 404. Thanks to blog owner for writing such a good post
Apache is more than happy to use a CGI as your ErrorDocument:
ErrorDocument 404 /cgi-bin/404.pl
If you don't want that cgi-bin in the URL, just go for
Alias /404-not-found /cgi-bin/404.pl
ErrorDocument 404 /404-not-found
Dean Frickey: Many thanks for the explanation.
Thanks for giving me change to join in this discuss website. i hope i can get lots of info here..
I thought mine was useful, but this goes to another level. Nice.
I've created a WordPress Plugin that mimicks the behavior described in this article, with configurable options in the admin area. Enjoy!
*Download*: "Useful 404s for WordPress":http://skullbit.com/wordpress-plugin/useful-404s/
Hi, I tried this with some of my sites and this get better serp's in only five days, I don't know if this is the result of make my 404 page more friendly, only know that I only made this change in my site. Also tried plugin for wp from Marcus and work fine. Thanks.
Great article! I really love the image also!
You say you have a text file of search engine referers - could you make this available? It would save a bit of time compiling one…
Thanks Dean for your article! It already helped me providing better user experience on my websites.
In the meanwhile I've created a Ruby script which mimics your Perl script.
You can downlaod from the "'More useful 404 error page'":http://github.com/perfectionlabs/more-useful-404-error-page/ project on GitHub.
If you are getting a 404 from search engine referrals, that's because you've forgot to setup a 301 redirect to the new URL. Otherwise you should have a custom 410 page saying that the resource was removed for good. See "RFC 2616":www.w3.org/Protocols/rfc2616/rfc2616.html for HTTP 1.1 specification.
If you are getting a 404 from search engine referrals, that's because you've forgot to setup a 301 redirect to the new URL. Otherwise you should have a custom 410 page saying that the resource was removed for good. See "RFC 2616":www.w3.org/Protocols/rfc2616/rfc2616.html for HTTP 1.1 specification.
Jeremy Flint,
We use google 404 with our University website in combination with analytics so we know when pages are broken. I would like to combine our current setup with some of the things that were discussed in this article. Google 404 works really well for us…here is an example: http://www.uwgb.edu/asdf
I've been looking for some good code for this for a while, and I'm especially impressed how this takes all of the error scenarios into account in order to address the issue. What I didn't see was an easy download link for the PERL script, am I just supposed to copy and paste all the code snippets on the page together?
Also, I've noticed when you get a 404 from sites like Google.com, it doesn't display the actual 404 page url, but displays the 404 page ON the URL you typed.
Even though there is no oops404 page, it looks like there is. If someone wanted to integrate that functionality into this code, is that doable, and how would you go about it?
Hi this is a great article, most of the stuff I have converted to PHP.
However I can't use $_SERVER['SERVER_NAME'] . $_SERVER['REQUEST_URI'] to determine the page the user was trying to get. I just get the .php error page that the user was forwarded onto.
Anyone have the same problem? how did you solve it?
What is actually quite fun to play with is using the php similar_text() function (or anything similar) to match the desired url against a list of valid urls for a site and redirect to the closest match. Using certain limits as to how close the match must be I use it to fix problems when a users miss types one letter in a longish url, or do a bad copy and pate job where they add or drop a letter.
How could there be a more useful 404 when you already published… "The Perfect 404":
by Ian Lloyd January 16, 2004
Just kidding, good stuff.
I didn't take the time to read through all of the comments so I don't know if this was already suggested. For my 404 pages I utilize my sites search functionality. IF a URL is mistyped I have a little message that says "We couldn't find the page you requested. Did you mean one of these:" Then I display the search results form my site search.
In reply to the Google 404 widget post, another similar idea - the "Linkgraph":http://linkgraph.net/ widget, was released in December 2008. It's a tool like the "Google 404 widget":http://googlewebmastercentral.blogspot.com/2008/08/make-your-404-pages-more-useful.html only the Linkgraph widget uses a database of all previous URLs of a site's pages to get the right URL when you click a broken link. Provided you got to the page through a broken link of course.
Hallo, I've tried it, and I have to say it works great. Thanks.
I feel that 404 pages are useless, but mainly for SEO. What I would do and what we suggest doing is putting a php 301 redirect above the header of your 404 page. Where this does not give a great user experience (unless you rework the page its directing to, to signal that the page was not found) it does 301 any 404 page that comes up before the search engines can see that its a 404, thus preserving a % of the link juice and pushing it on to the page it redirects to.
I agree with bill that 404s are bad for SEO - however 301-ing all 404s to a single other pages isn't quite optimal either. The optimal (if sometimes unattainable) experience would be for any old page/URL to get 301 redirected to the new/working page that is most applicable to the old page. This is really common when our clients move to a new CMS for example. The old pages (the content of them) are still on the new site, but all at new URLs. We've actually done this so many times we built a tool called www.errorlytics.com that does exactly this quickly and easily for sites running PHP, JS and Rails…and has Wordpress and Drupal plugins/modules. The idea of the tool is to 1) make you aware of the often ignored 404 and 2) make it so you can get rid of them via 301 redirects thus preserving SEO and the end user experience.
The key edge that Errorlytics offers over tools like, for example, linkgraph is that it allows the webmaster not only to ultimately get the user who has requested a bad/dead URL to get to a page that has some content on it - but Errorlytics does this via an SEO friendly 301 so even the spiders are happy. Using a frameset and a meta refresh is far from optimal on the SEO side.
Steven, I just tried to mimic .htaccess and php, and for me $_SERVER["SCRIPT_URI"] returned URL of the page user asked for. You can temporary send your 404 to a .php page with
<?php phpinfo (); ?>
then go to any not-existing webpage in your website, 404 page will show PHP info page, just examine the variables it shows and I'm sure you will find webpage you entered, not only name of 404 script. Just do not forget to restore 404 to your original script after fixing the problem.
I have now implemented a similar system to this in PHP. Thanks for the interesting article gave me some great ideas.
So many requirements for error page 404. Interesting visits statistics of page 404 in percents. I'd like to see examples of 404 pages. For self I choose this functionality of 404 page http://www.kontain.com/bickov/entries/36756/page-404/
I have been developing web sites for a number of years now and I am always surprised at the lack of attention paid to 404 pages by both developers and designers. I have always harvested 404 data and was very pleased to find this article and see that there are web developers and designer out there that understand how the "404" should be used to teach us about issues our end users are encountering. This technique has saved my shame and insult because I can proactively find issues.
How can you translate the plugin to another language?
Thank you.


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Appeal of Policy on Accounting Treatment For Cash Received as Interest on Certain Nonaccrual Loans (Fourth Quarter 1994)
A bank requested a revision in OCC policy establishing the appropriate accounting treatment for cash received as interest on certain nonaccrual loans, to better recognize the true economic reality of those loans. Many of the loans in question have been returned to accrual status, or the bank is recognizing interest income on a cash basis. The bank asked, "At what juncture may a national bank recover into income interest collected and held in reserve as a result of loans being placed on nonaccrual?" The bank also requested reconsideration of OCC's position that a borrower's entire relationship must be paid in full before any contra-interest could be taken into income on any loan forming part of that borrowing relationship.
A few years ago, at the direction of the OCC, the bank changed its accounting method for nonaccrual loans to the cost recovery method. Previously, the bank had maintained a contra-account to capture interest collected on nonaccrual loans. For financial reporting purposes, this account was reflected as a credit balance netted against the bank's reported loan totals. As loans were returned to accrual status, all previously deferred interest was reversed into income, and each loan continued its course going forward based upon its contractual terms. The loans were not written up beyond what management expected to ultimately collect nor were they written up beyond the contractual amount of the bank's investment in the loans. A significant amount of contra-interest reserves associated with these loans remains on the bank's books as a result of the previous accounting treatment. The bank believes it is appropriate for them to recognize as income the interest in the existing contra-reserve account on loans for which the remaining contractual principal and interest are considered to be fully collectible.
A significant number of the loans in question have demonstrated positive performance since inception, but because of certain loan documentation deficiencies were previously designated nonaccrual upon the direction of the OCC under the so-called "performing nonperforming" classification concept. The bank enhanced its documentation with respect to these loans, and subsequently the loans were returned to accrual status. Management feels that the ultimate collectibility of the full contractual amounts was never in doubt. In the bank's view, the contra interest reserves for these loans were created due to a lack of clearly supportable loan file information. Now that the file deficiencies have been addressed, the bank believes it is reasonable to recognize the previously deferred income.
Management believes that the cost recovery method presents a distorted view of their expectations regarding the realization of the bank's investment in certain of these loans (primarily the accruing loans and to a certain degree the cash basis loans.) Also, this method presents the potential for significant earnings boosts at the tail end of the credit relationship, which does not accommodate a matching of revenue recognition with the relationship's economic life. Additionally, management is concerned about the impact that such earnings fluctuations may have on the shareholders and the reaction of the investment community.
Further, the bank believes the OCC-preferred accounting treatment creates a series of anomalies. First, it encourages the bank to request customers to refinance their loans with other institutions. This contradicts the bank's customer-oriented philosophy, which is paramount to the bank's success and the foundation of its business strategy. A second option is to wait until the entire credit relationship is terminated. However, some of these relationships are very important to the bank and may never be terminated. Third, the bank could wait until each individual loan, devoid of a relationship, is repaid in full. This could create a distortion-the ultimate recovery of interest would have no bearing on the economic life of the asset.
The bank's external accounting firm views these loans as analogous to an over-reserved portfolio that requires credit provisions to reduce an overstated loan loss reserve. If the loans are viewed from this perspective, the firm believes that in theory the bank could have recognized the previously deferred interest amounts into income on a cash basis, with an offsetting provision for loan losses, resulting in the same net income effect. If this approach would have been taken, subsequent positive adjustments could have been recorded to reduce the loan loss reserve to recognize the improved quality of the underlying loans and management's true expectations of net recoveries going forward. Accordingly, the accounting firm believes the reversal of the contra account would be acceptable under GAAP in all material respects, given the unique nature of this situation. The bank's ultimate objective is to obtain a solution that will result in an accounting treatment that more closely matches the economic substance of the bank's investment in these loans, based on the specific facts and circumstances involved.
The AICPA Bank Audit Guide requires payments received on nonaccrual loans to be applied to principal to the extent necessary to eliminate doubt as to collectibility of the recorded balance of the loan. Otherwise, the interest payment may be recognized as interest income on a cash basis:
The OCC's Bank Accounting Advisory Series (Topic 2B, Question 18) specifically prohibits immediate recognition of interest payments that have been applied to principal.
While the bank used an "interest reserve" account, the substance of the accounting is that the payments were applied to principal. GAAP requires, where there is doubt as to the collectibility of the recorded balance, that the payments be applied to principal, not to an "interest reserve." OCC's position has been that the application of interest payments to principal as required by the AICPA Bank Audit Guide is equivalent to a charge-off. The OCC does not usually permit recoveries of previously charged-off amounts to be recognized until the recovery has been received in cash or cash equivalents.
The Ombudsman's Office granted the bank's appeal. The Office of the Chief Accountant is in process of revising Questions 15 through 18 of Section 2B of the Bank Accounting Advisory Series to reflect the accounting treatment discussed herein. The contra interest reserves associated with the bank's four categories of loans should be given the following accounting treatment:
1) Accruing loans for which full collection of contractual principal and interest was never in doubt by bank management.
2) Accruing loans on which collection of principal and/or interest was once in doubt but that doubt has since been removed.
3) "Cash basis" loans for which bank management expects to receive full collection of principal but there is doubt concerning full collection of contractual interest.
4) Other nonaccrual loans.
OCC does not require a borrower's entire loan relationship to be paid in full before the previously foregone interest may be recognized as income. Current OCC guidance does, however, require repayment of the recorded balance of the individual loan. The refinancing, extension, or renewal of a loan by the bank is not considered repayment.
This case was initially summarized in the June 1994 issue of the Quarterly Journal. A revised version is included in this issue to reflect additional actions taken during the third quarter of 1994.
The Office of the Ombudsman received an appeal letter on behalf of a bank which was cited for a violation of 12 CFR 9.12 and Opinion 9.3900. The bank invested trust funds into two mutual funds, which are advised by an investment advisory firm in which a bank director, who also serves on the bank's trust committee, holds a 5.23 percent interest. Neither of the mutual funds nor the investment advisory firm is affiliated with the bank. The funds were invested without obtaining prior written authorization.
First, the bank does not believe that the relationship between the bank and the minority investment by the bank director constitutes an affiliation sufficient to create a problem under Part 9. None of the interests delineated in OCC Regulation, Section 9.12(a) are affected in this case:
The bank does not believe that the bank director's minority interest of 5.23 percent is sufficient to create a conflict of interest or a sufficient interest to fall within the prohibitions of Section 9.12. The bank is not purchasing services of the advisor, it is purchasing shares of the funds, which are not affiliated with the bank and in which no bank director has an interest. Neither does the bank believe that the bank director's service on the bank's trust committee, even where he does not participate in such trust investment decisions, should weigh heavily in the decision. Even where a director has a conflict of interest, traditional corporate practice, which is recognized by OCC, holds that by abstaining from any participation in the discussion of, or vote upon, a matter in which such director has an interest, such director may thereby avoid an impermissible conflict of interest under applicable law. The bank cites Alabama Code 10-2A-63, 12 CFR 215.4(b)(i), Section 7.5217(a) and Alabama code, Section 10-2A-21(d).
Second, the bank believes that the provisions of the local law, in this case the Alabama Code, were expressly intended to and do permit the bank to rely on such provisions in order to invest trust funds in mutual funds that are advised by the bank or its affiliates. Alabama Code, Section 19-3-120.1, expressly governs trust investments in mutual funds, and expressly authorizes investments in mutual funds advised by bank affiliates. In the bank's view, Section 19-3-120.1 is more than sufficient for purposes of Section 9.12(a). The absence of any "affiliation" between the bank and the funds raises a question in the bank's mind as to whether reliance on the statutory authorization is even necessary. Although the terms "connection" and "interest" from OCC Regulation, Section 9.12(a) are broad, the bank believes that with respect to trust mutual fund investments by a trust department, the connection or interest must be an "affiliation" in order to even need the protection provided by Alabama Code, Section 19-3-120.1 for purposes of OCC Regulation 9.12.
Finally, the bank believes that recent OCC decisions allowing bank acquisitions of companies that act as advisers to mutual funds expressly recognized that investment companies (mutual funds) are separate and distinct from their advisers (decision to charter J. & W. Seligman Trust Company, N.A., and decision to charter Dreyfus National Bank & Trust Company.) The bank also cites First Union's acquisition of Lieber Asset Management Corporation (93-ML-08-023 and Mellon Bank's acquisition of the Dreyfus corporation (93-NE-08-043 and 93-NE-08-044.)
The legal issue raised by this appeal involves the conflict of interest that may exist given the investment of trust assets in mutual funds advised by a company in which a bank director owns stock. In pertinent part, the OCC Regulation, Section 9.12(a), provides:
The OCC's regulation is intended to reflect and require for national banks the duty of undivided loyalty, a basic principle of trust law followed throughout the United States . Leading commentators on trust law emphasize the importance of the duty of loyalty and the expected adherence to the high standard. The focus of the duty of loyalty is to deter fiduciaries from getting into positions involving conflicts of interest.
In the present situation, while another company is investment advisor to the mutual funds and not the bank, the relationship of the bank director to the advisory company falls under the circumstances proscribed by the language of 12 CFR 9.12. Here, at least one bank director has some type of ownership in and/or control over the advisory company. The fees received by the investment advisor depend in part on the assets invested in the mutual funds. As such, the owners of the advisor have an interest in the investments in the mutual funds. As directors of the bank, this individual is responsible for directing and reviewing the fiduciary powers of the bank. Accordingly, in the ombudsman's view this situation falls within the scope of the 12 CFR 9.12 prohibition regarding the investment of funds in stock or obligations of organizations in which there exists such an interest as might influence the best judgment of the bank.
As provided by the language of 12 CFR 9.12(a), a self-dealing transaction generally is permissible only when specifically authorized by the trust instrument creating the relationship, where a court order authorized the specific transaction, or where local law allows the otherwise prohibited practice. In this bank's situation, it is not argued that the trust instruments specifically authorize the investment of trust assets in mutual funds that are advised by a company owned in part by directors of the bank. Nor is there any court order authorizing the transactions in question. While the ombudsman is not aware of any Alabama statute that expressly states that a bank may invest trust monies in mutual funds that are advised by a company owned in part by directors of the bank, Alabama Code, Section 19-3-120.1 (1993) does authorize banks acting as fiduciaries to invest in mutual funds that the bank or an affiliate advises or provides other services:
Arguably, this section thereby authorizes investment in the mutual funds where a greater conflict exists than that in the bank's situation. Since the Alabama legislature specifically authorized investment in mutual funds where the bank or an affiliate acts as investment advisor or provides other services, it is at least arguable that the statute may include the situation where bank directors own shares in the advisor even though not enough shares to be an affiliate. If the directors owned a greater percentage of the stock (creating an even more direct conflict), and such ownership triggered affiliation between the bank and the advisor, then the conduct would be expressly authorized by the language of the statute. However, we are not aware of any cases interpreting the meaning of the statute, and there is no official legislative history.
Since this is a question of law without any precedential or official legislative history, the Ombudsman's Office chose not to render an immediate decision. The bank was asked to seek a formal opinion from the Alabama attorney general regarding the meaning and intent of the statute. Although not binding for this Office, under the rules of statutory construction, the formal opinions of state attorneys general are normally given considerable deference. While waiting for receipt of that opinion, the bank was advised not to make any more investments in the mutual funds in question and to notify the ombudsman of the attorney general's opinion.
For reasons unique to the State of Alabama , the bank requested as an alternative, and the Ombudsman's Office agreed to accept, a similar ruling from the Alabama Superintendent of Banks. Mr. Kenneth R. McCartha, Superintendent of Banks for the State of Alabama, confirmed the bank's position in a letter dated August 12, 1994, that provided his official opinion regarding the meaning and intent of the Alabama statute. In light of the history of the legislation and the language of Alabama code, 19-3-120.1, Superintendent McCartha concluded that banks located in Alabama, in the exercise of their fiduciary or trust powers, are specifically authorized by 19-3-120.1 to invest in mutual funds where such banks, or their respective officers, directors or shareholders have an affiliation or lesser interest in a mutual funds, or investment advisor, or other service providers to a mutual fund.
Therefore, the Ombudsman's Office concluded, after careful consideration of all the facts, that the most reasonable interpretation of Part 9 provides an exception for the conflict in question. This decision is unique to the facts and circumstances of this situation and local law and in no way establishes OCC precedent regarding conflicts of interest. Notwithstanding this conclusion, the Alabama statute requires the fiduciary to provide disclosure to the current income beneficiaries and/or any third parties directing investment of the basis on which any investment advisory fee or other fee is calculated. The bank did not make these disclosures and therefore the cited violations must stand. While the bank may continue investing fiduciary monies in the mutual funds in question, the appropriate disclosures must be made in accordance with the local law.
A formal appeal was received concerning a bank's Community Reinvestment Act (CRA) rating of "Needs to Improve Record of Meeting Community Credit Needs." The bank originally appealed the rating to the district deputy comptroller in the district in which the bank is located. Although substantial changes were made to the content of the performance evaluation (PE), the Needs to Improve rating was upheld during that appeal. The bank's main office and branch are located in a large metropolitan area. The bank's delineated community is made up of predominantly low-and moderate-income census tracts.
The following statement was provided as the Basis for Appeal:
The bank asked for the following:
The bank goes on to state that "the bank's appeal to the district confirmed what the bank had thought was the case when it received the initial PE - the Needs to Improve rating was driven almost exclusively by the bank's loan to deposit ratio. The OCC's position presently seems to be that the bank is too rigid, in that it continues to use underwriting standards that were appropriate in the early 1980s after the bank's former owners had driven it to the brink of insolvency, but which are no longer appropriate given the bank's current CAMEL 1 safety and soundness rating."
The four reasons the bank felt the Needs to Improve rating was assigned were reviewed in detail. An independent examiner, who is considered an expert in CRA, reviewed the examination workpapers and the information presented in the bank's two appeals and went to the bank to review data onsite. He, along with the ombudsman, also toured the local community. Information through the date when the second PE was issued was reviewed.
Each of the four reasons the bank cited for the rating is discussed below.
Placing undue emphasis on the bank's loan to deposit ratio: The bank has historically had a loan to deposit ratio under 20 percent. In the appeal letter, the bank lists the following as special circumstances explaining why the bank has a low loan to deposit ratio:
Prior to the revised PE being issued by the district, the board of directors amended the loan policy with the intent of making it more flexible. The loan policy changes included:
From reviewing loans it was found that greater flexibility could have been used in evaluating the requests. It is believed that with proper marketing of the changes that the board of directors made in the recent revisions to the loan policy, there are additional legitimate credit needs that can be met by the bank.
We agree too much emphasis was placed on the bank's loan to deposit ratio in the PE. Formulating conclusions on the ratio alone is inappropriate. One must analyze the reasons why the ratio is low and assess the bank's performance with that in mind.
Placing undue emphasis on the absence of classified loans. Inordinate emphasis was not placed on the bank's low level of classified loans. The OCC would never expect a bank to originate extensions of credit that would in any way compromise the overall financial condition of a bank. Such a practice would contravene traditional principles of safe and sound banking. However, the institution was told that based on their strong financial condition that they are in the position to look at alternative methods to meet the credit needs of their community in ways other than direct lending.
Not placing sufficient weight on the unique characteristics of the bank's delineated community. The bank is located in an area that possesses unique characteristics when compared to a number of other community banks. The bank was encouraged to use these unique characteristics to its advantage. The bank had commissioned a consulting firm to code the locations of its loans and deposits. It was found that most were concentrated around the locations of the main bank and branch. Therefore, it was determined that the bank's delineated community was too large. Through further analysis, the bank should be able to fully evaluate its deposit and lending trends in the smaller delineated community. This should enhance the institution's effectiveness in marketing its products, and its ability to communicate to the community the recently revised underwriting standards and product mix. The bank was encouraged to keep education of the bank's community a high priority.
Ruling that the referral of mortgage applicants to an unaffiliated mortgage company does not count toward the bank's fulfillment of its obligations under CRA. The demand for 1-4 family residential loans in the bank's delineated community is low due to the demographics of the area. While the bank has historically referred customers requesting 30-year loans to an unaffiliated mortgage company, the bank recently relaxed its loan policy to begin offering 30-year, fixed-rate mortgages (using FNMA guidelines) to be sold into the secondary market. This is a positive step; however, since the demand for these types of loans is low, the bank was encouraged to identify other ways to assist the bank's community in meeting its housing-related credit needs.
While the four reasons the bank felt the Needs to Improve rating was assigned were being reviewed in detail, a comprehensive reassessment of the bank's overall CRA performance was conducted. After careful review, it was found that a Needs to Improve rating accurately reflects the bank's performance during the period of evaluation covered in the bank's PE. Although there was too much emphasis placed on the bank's loan to deposit ratio in the PE, the overall rating of Needs to Improve was accurate. The rating is based primarily on the bank's performance associated with its limited flexibility in lending decisions.
It is evident that management and the board of directors have taken steps to enhance the performance since the examination. As evidenced by the board of directors' approval of the changes in the loan policy, management and the directors have recognized the bank's ability to be more flexible in its lending standards without sacrificing quality. Although it appears the bank's loan demand is relatively low and the level of market competition has increased because of the movement of large institutions into the bank's area, it is believed that through revising the bank's standards, offering new products, aggressively educating the bank's delineated community, and marketing these products effectively, the bank will find additional credit needs that can be met. The bank is uniquely postured to materially benefit from an elevated level of community development activities. Focused efforts in this area should result in improved CRA performance.


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text:
This is a story.
Four senior black belts, Bill, Sam, David, and Mark, were up for promotion. Only one would be promoted and their Sensei was interviewing them.
"Why should you be promoted?" he asked Bill.
"Because I am better than Sam, David, and Mark," answered Bill.
"Why should you be promoted?" he asked Sam.
"Because I am better than Bill, David, and Mark," answered Sam.
"Why should you be promoted?" he asked David.
"Because I am better than Bill, Sam, and Mark," answered David.
Finally he asked Mark, "Why should you be promoted?"
"I shouldn't," answered Mark. "Bill, Sam, and David are my seniors. I have learned a lot from them."
"What did you learn from them?" asked the Sensei.
"To respect my seniors and not to speak ill of others," answered Mark.
"And why do you think that you should not be promoted?" asked the Sensei.
"That is not up to me, Sensei. All I want to do is train and help the other students."
So who do you think the Sensei promoted?
If it were me, I would have kicked out Bill, Sam, and David. If a student is arrogant, it is my fault. If a student speaks ill of others, it is my fault. At some point, you have to correct such students or allow them to go their own way. If you keep promoting such students, then it is your own fault.
And this is very important, a student never improves by speaking ill of others. Improvement only comes from dedicated training. You can't build a house by criticizing other houses.
Speaking ill of others only shows your own weakness.
Charles C. Goodin
Speaking Ill of Others
This is a story.
Posted by Charles C. Goodin on Sunday, November 13, 2011