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Can We Please Stop The False Dichotomy Of 'Creators' vs 'Consumers' When It Comes To Copyright?
from the false-dilemma deptJames Gannon, a Canadian IP lawyer who works closely with the recording industry, recently put up a post on Facebook in which he tries to separate the world out into consumers who want freedom and creators who want control. The problem is that this is a totally false dichotomy. These aren't two separate groups. Most people are both creators and consumers at the same time. The lines separating the two are also somewhat porous and meaningless. Yet, by setting up this fake "us vs. them" dichotomy, Gannon can effectively brush aside those who are against things like DRM as simply not appreciating art and to appeal to everyone's innate desire to be creative and artistic to make them feel like being against DRM is somehow dirty. Let's dig in a bit:
People who oppose protection for digital locks tend to see art and culture in the same light as they see mass-produced consumer goods.Note how Gannon lumps together all of the folks who don't like digital locks and tries to "classify" them. And he does so in a way that makes them sound like Philistines. They look down on art. It's just a "mass-produced consumer good." Except, of course, that's not even close to true. Many of those opposed to laws giving overriding control to digital locks are content creators ourselves, who deeply value creativity and the content creation process. We just realize that digital locks often get in the way of that process. Gannon then goes on to basically repeat his first sentence over and over again in different forms, all with the intent of suggesting that people who don't like digital locks don't get art. They're boring engineers who like to (gasp!) tinker with things.
Artists tend to disagree with this view. Most musicians think their of their albums as more than a collection of grooves on a plastic disc. It's art, and it's an important part of our culture.Ah, and here is the pure and beautiful artist, living above such petty worldly concerns about technology and how things work.
The problem, of course, is that these two "groups" are works of fiction. The simple fact is that almost everyone today is both a creator and a consumer, often at the same time. In fact, almost everyone I know who is seriously against DRM or mandating digital locks is a well-established content creator. But, at the same time, they're also vast "consumers" of content as well. That's because the best way to be a content creator is to also joyfully consume what others are doing -- to experience that overall culture and (perhaps, sometimes) to gain inspiration, motivation and revelation from those works. Pretending these are two separate groups of people does a disservice to the actual issues at play.
I can't think of anyone I know who is against DRM who looks at art as just some piece of plastic or "a toaster" as Gannon claims. Instead, I tend to see the opposite. I see people of all kinds who find inspiration from that creative work and want to share that inspiration with others, and build a cultural connections around those works. If the people against DRM didn't value the artwork itself, this wouldn't be an issue, because they wouldn't care so much.
The idea for copyright came out of that second line of thinking.Well, no, actually, it didn't. The idea for copyright came from an attempt to actually grant more power to middlemen to limit certain forms of creativity. Gannon, it appears, is not familiar with the history of copyright. Of course, more modern copyright law was designed to "promote progress" for society as a whole. That still has nothing to do with recognizing the beauty of art over plastic goods and toasters. Copyright was never intended to be a one-sided tool for artists, but it was designed to benefit society as a whole. In fact, early copyright laws focused on improved learning and education, and often left out such wasteful things as pure artwork.
Quite honestly, people in that first group will probably never understand or support the notion of digital locks because they essentially don't see the point of any copyright at all. To them, an artist asking them not to copy their CD is no different than Ford telling them not to put their car in reverse.No. It is not because we see it as no different from Ford trying to stop us from going in reverse, but because we recognize how it's actually limiting art and creativity, by limiting the cultural relevance and the ability to be inspired and to build off of that inspiration.
The idea of restrictions, any restrictions, on their use of something they bought is an unrivalled affront to their rights as consumers.No, it's an unrivaled affront to the ability to create and build and share and experience culture which we appreciate and love.
Digital locks were developed as a response to this phenomenon. As more technologies were developed that allowed people to copy works on a massive scale, publishers, large and small, started coming out with digital locks to protect their artists' works and prevent unauthorized uses of their art.Except, of course, this ignores the truth. Digital locks have never worked and will never work. They did absolutely nothing to "protect the artists' works" or to prevent unauthorized uses of their work. That's because once the lock was picked -- and it always gets picked -- it was available to everyone. What digital locks actually do harm, are the many legitimate users of that content who experience it and wish to do more with it, including building shared cultural experiences around it.
Remember, if there's one thing they hate, it's an artist who tries to control how her art might be used.Uh, no. No one hates an artist because they try to control their work. They hate it when they are unable to actually do something useful or valuable with a piece of artwork, such as building their own artwork.
The laws you've been hearing about actually don't really concern themselves directly with digital locks themselves. Rather, it's those other technologies, the hacks and the cracks, that the government's bill is trying to outlaw. Just like copyright law makes it illegal to copy or modify a creative work, the bill would make it illegal to hack the digital locks that an artist may use to protect these rights.If that were really the case, then the law would allow for exemptions for cases of fair use/fair dealing or when the circumvention occurs for totally non-infringing reason (such as archiving, transformative uses, security purposes, etc.).
It all comes back to the art-as-a-toaster point of view: laws that prevent people from doing whatever they want with creative works they purchased are fundamentally wrong, no exception.Well, yes, laws that prevent people from doing things like that are fundamentally wrong. But it's not because of any "art-as-a-toaster" viewpoint. It's the opposite. It's because content creators know that they are both creators and consumers, and when part of that overall process is blocked, it harms the creativity side quite a bit.
So, what kind of consumer or creative works do you consider yourselves to be? Should artists be able to retain some control on how their works are copied or modified, even once they're sold?And this is the crux of the article. He sets up this "beautiful pure artist vs. philistine tinkerer consumer" myth to make people identify with art, because, really, who doesn't love art? But, that very point is the reason why Gannon is so very, very wrong. Presenting those who are opposed to digital locks as being unappreciative of art has it backwards. If they didn't appreciate and value the art this wouldn't be an issue. They wouldn't care, because they wouldn't value it enough to care. They'd be off doing something else.
It's a shame that the recording industry and its lawyers want to turn this into an us vs. them situation. It's not. Plenty of people want to create a situation where there are wider opportunities for everyone acting as both creators and consumers, to really allow creativity to flourish. But you don't do that by locking up creativity and pretending that many of those creators don't appreciate art.
Filed Under: consumers, copyright, creators, james gannon


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According to the info dump, there are three really key relics. The crown, harp and sword. Since we have the sword in play, I wonder if the others will be seen. Especially since the new guy can play the harp. I keep on thinking that the bad guys will under estimate the harp to their detriment. The sword is a weapon so a threat, the crown is a show of power, but the harp is an instrument of art, no matter if it is an important relic. So to the wizard lords, the harp is the least of them
The little girl is believed to be the first wild Mage, with a host of talents. I am imagining what happens if she puts on the crown. It reads minds and finds dark magic, which as a Mage she can already do, it expands her range. I wonder if it can expand the range of her other gifts. A key advantage of mages is that they can pool their talents and powers. Imagine what happens if a Mage of her power does this wearing the crown. Look at how mages stump wizards as it is, imagine the supercharged.
The war maid and champion couple were bound together by the gods, linked by power flu magics. Imagine if G and K were similarly linked, pooling their power.
I just remembered the sword is a wild magic relic, so i bet the other two are as well. That is sure to have special meaning in the future. Apart from these three items, i wonder if there are others. I doubt there would be a huge number, but there have been other wild wizard through the ages. They might be hidden from wand and wild wizards, perhaps even mages. But a wild mage with full access to her power could be a whole entirly different matter.

subset: commoncrawl


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my brother and myslf just had a quick game of owning droids. My bro is the white clone i am my black hero, the droids were tring to steal our crystal.
turn 0
turn 1. my brother takes the gun and opens fire
turn 2. we run to the wall and geta droid each
turn 3. my hero has lemongrenades
turn 4. he also knocked the wall down
turn 5. my brother is urronded but i have a plan
my hero jumps and returns the droids rocket to its sender
turn 6. kill the droids on the way
turn 7. get the last guy
i have lost the rest of the photos but the driods get more trrops and my brother dies and i avenge him before giving him the stupendous feat of the KICK OF LIFE, no kissing but still revives them


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Ericom PowerTerm WebConnect's Integration with Microsoft RemoteFX takes Windows Server 2008 R2 SP1 desktop deployments, management, and end-user experiences to a new level.
PowerTerm WebConnect is an advanced connection broker that supports a wide range of virtualized desktop computing platforms, including Windows Server Remote Desktop Virtualization Hosts with Hyper-V, Windows Server Remote Desktop Session Hosts (formerly known as Terminal Servers), physical / blade PCs and Cloud Computing. More about PowerTerm WebConnect and its support of Microsoft products and technologies
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Tuesday, February 1, 2011
Blueberry great grains muffins
31 comments:
- Les rêves d'une boulangère (Brittany) said...
Mmm hot out of the oven was a good choice - I bet it was delicoius!
- 01 February, 2011
Your muffins turned out great!
- 01 February, 2011
- Cakelaw said...
I loved these! I have kidnapped all of them and stashed them in the freezer. Your blueberry version looks terrific.
- 01 February, 2011
- HappyTummy said...
I used raisins, but blueberries sound fantastic. They would have been my second pick! I totally agree with you that breakfast and dessert should be kept separate :)
So glad you enjoyed these, and thanks for baking with me this week!
- 01 February, 2011
- Libby said...
These look so good. I have connections to a Maine blueberry farm so I always have tons of Maine blueberries (the best hands down) in my freezer. I'll have to try this soon.
- 01 February, 2011
- Sweet and Savory said...
The blueberries are a great combination for these.
- 01 February, 2011
- Flourchild said...
Welcome back..I missed you! Your muffins look sooo good.I love the butter on them!! I am going to add BB next time I make these. I love that they weren't so sweet..but proves I need to cut back on my sugar intake!!
- 01 February, 2011
- Pamela said...
Welcome back! I love that last picture. And good luck with that new muffin tin. Sounds convenient, that's for sure!
- 01 February, 2011
- Valerie said...
Those blueberries make me think of summer! Great addition. And welcome back to TWD!
I'm jealous of your fancy lided (is that a word) muffin tine. :D
- 01 February, 2011
- Mary said...
You have a muffin tin with a lid??? Where did you get it? What a great idea. I loved this recipe too and love your picture with the ruffled fresh butter on the side...
- 01 February, 2011
- A Canadian Foodie said...
Love your butter peeler! I am a muffin maker baker eater from Waaaaaaaaaaay back - and those muffins rock. The crumb is tender and oh, so begging for that butter. YUM!
- 01 February, 2011
- Mimi said...
Blueberries were a good pick for these muffins. I too, like to keep breakfast and dessert separate.
- 01 February, 2011
- miss kate said...
I am *here* with you on keeping dessert and breakfast separate; muffins are not cupcakes! I think that's why I loved these; they had just the right amount of sweetness. Blueberries would have been superb!
- 01 February, 2011
- Jessica of My Baking Heart said...
They look wonderful - so glad you're back! :)
- 02 February, 2011
- Clivia said...
You're right. These were a true muffin. Your photos are lovely! Welcome back.
- 02 February, 2011
- Valérie said...
Oooh, they look nice and moist! Love your pic with the curls of butter!
- 02 February, 2011
- Tia said...
oh your blueberries look so scrumptious and plump! yours look great! moist and yummy. nice job Tia @ Buttercreambarbie
- 02 February, 2011
- Faith said...
I've been in the mood to make muffins lately too! Great idea using blueberries and candied orange peel...I bet that was a delicious combo!
- 02 February, 2011
- Rosa's Yummy Yums said...
Delicious looking muffins! I really love all the ingredients used. Marvelous.
- 02 February, 2011
- Cheap Ethnic Eatz said...
you made my favorite kind of muffins, with blueberries. I would eat the whole lot in one sitting lol
- 02 February, 2011
They look fabulous with blueberries added!
- 02 February, 2011
Don Draper! I'm caught up on Mad Men and hoping it's not long before the next season. Enjoy season 2!
- 02 February, 2011
- Karen said...
Yum! Your muffins look perfect! I may have to try these again with blueberries and orange peel!
- 02 February, 2011
- Leslie said...
These sound (and look) fantastic with blueberries and orange. I added chocolate chips and they were yummy.
- 03 February, 2011
- Anne said...
Your muffins are beautiful with the blueberries and they sound awesome with the orange zest. Yum! Great job Mary!
- 03 February, 2011
I would love to have these muffins for breakfast.
- 03 February, 2011
- Beth said...
I made these too, but with raisins and figs. I liked it, but I think next time I'd use dried cherries and apricots. Your solution looks great too!
- 06 February, 2011
- Laurie @simplyscratch said...
Mary these look fabulous! I still have bags of frozen blueberries from my co-op last summer and I think I'm in the mood for muffins, these muffins {with extra butter}! :)
- 06 February, 2011
- Brownieville Girl said...
I am a huge blurberry fan - I'd love these muffins!
- 06 February, 2011
- Jessica said...
Those look like healthier (but really delicious) blueberry muffins. Candied orange peel is good in just about anything.
- 07 February, 2011
- TeaLady said...
Yum!! Blueberries. What a great idea. I wish I could find some course ground corn meal, but...
I will try some of your subs next time.
- 08 February, 2011


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Visitor Parking
Welcome to Utah Valley University. In order to make your visit a smooth one, please be sure to look through the links on this page. Please note: There is no area to park on the UVU campus without either a permit or paying a pay station. Permits are only issued to our students and employees.
Visitors to UVU may park in the Admissions Meter Lot/Lakeside Visitor Lot (40.276558,-111.713005) at the front of campus, the Parking Garage (40.279982,-111.714922) next to the Student Life building, or the McKay Meter Lot (40.282736,-111.718989), (these are hourly pay lots).
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All of our visitor pay lots utilize Pay Stations for payment of parking. Note your space number where you parked (indicated on the ground behind the stall or on a sign in front of the stall) and go to the nearest pay station. Enter the space number you are parked in and follow the prompts to pay for the desired parking time in that space.
You can also use the Parkmobile application on your smartphone.
Exact rates for each visitor lot can be found on our Visitor Info page.
Payment is required in all our pay lots between 5 a.m. and 10 p.m. seven days a week.
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This is 2 layers of KBShimmer: Oh Splat! over a white base.
The formula was great and as you can see, the glitter distribution was pretty even. I love that it's different sized glitters of every color (3 different sizes) so there's a depth to it, and I love that the yellow is actually a yellow gold. It adds a certain pop to the polish, don't you think?
KBShimmer can be found on her Facebook here and purchased from her website here!
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Borrowing Now A Prudent Step Toward Managing Deficit
By DENISE L. NAPPIER
February 08, 2013
Even as Connecticut's elected representatives struggled in recent years to achieve the balanced budget that is required by law, cash balances have suffered especially with the depletion of the Rainy Day Fund. At the treasurer's office where we have no say in budget decisions but must ensure that there's enough money on hand to pay the bills we do our best to manage the timing disconnect between the arrival of revenue and the payment of bills, and to maximize limited resources while teetering on a cash-flow fiscal cliff.
Occasionally, it has been too close for comfort. That was the case a few months ago, when the treasury sought and received approval to establish a stand-by line of credit, if needed. So far, we have not dipped our toe in those waters. But the cash flow constraints have mounted and something has to give which is to say that we cannot afford to keep kicking the proverbial cash can down the road. We must consider the full range of fiscal tools available to address our state's fiscal dilemma, including borrowing.
Why borrow to address these issues?
Interest rates have never been lower, and may not be this low again in our lifetime. If borrowing ever were to make sense, it makes sense now. To take the responsible use of debt off the table, when it is most attractive, would be short-sighted and unwise.
This is not to suggest that state spending should not be reduced or programmatic cuts, where appropriate, should not be made. First-rate fiscal policy and efficient management suppose both. But debt is also a sound financial tool to be used when conditions are right, not willy-nilly without sufficient diligence and evaluation of alternatives. Debt can be a worthwhile component of a far-reaching and wide-ranging fiscal solution.
Yes, Connecticut has considerable debt. Unlike virtually every other state, however, Connecticut does not have county government, which means the debt burden falls more heavily on the state. When state and local debt levels are combined, Connecticut is in the middle of the pack nationally, at number 25. Certainly not worth crowing about, but not the three-alarm fire that some rhetorically ignite.
As the public finance arm of state government, it is appropriate for the treasury to urge that fiscal decisions be made not only through the prism of the biennial budget, but also mindful of the long-term fiscal stability and predictability that everyone from businesses to homeowners to ratings agencies agrees is desirable. If used strategically and with precision to directly address structural challenges, borrowing can especially at current rates be a sound and effective tool.
In accordance with Gov. Dannel P. Malloy's order, the state budget is to switch to Generally Accepted Accounting Principles, known as GAAP, beginning in 2014. It is long overdue. Unfortunately, that form of accounting would show a budget deficit of more than $1 billion. The law provides for this deficit to be paid down over 15 years by using surplus funds, which is unlikely as a surplus is not on the horizon. But abandoning GAAP would be a mistake, not only this year, but for ensuing years.
Borrowing funds at today's extraordinarily low rates to begin rebuilding cash balances by accelerating the funding of a significant portion of the accumulated GAAP deficit no more than 50 percent is the best option. Including a commitment to bondholders through a bond covenant that: 1) the remaining GAAP deficit will be funded through annual appropriations, not speculative surplus, over the next 15 years; and 2) the proceeds of the bonds can never be treated as revenue or used for a budget appropriation. These are are essential components of the plan.
Debt repayment requires discipline and a firm commitment. A bond covenant eliminates wiggle room and provides the certainty that the state will not only pay back what is borrowed, but that it will stick to a timetable for eliminating the remaining GAAP deficit. Additional sound steps should be taken, including the re-establishment of a meaningful budget reserve (Rainy Day Fund).
We have an unprecedented opportunity aided by opportune interest rates to address a major structural problem in a permanent way, improve liquidity and boost fiscal discipline.
Denise L. Nappier is treasurer of the state of Connecticut.
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Jae Tips - Rambo [Unsigned Hype]
THE BRONX IS BACK !! Jae Tips is Taking Hip Hop back to its
storytelling roots, embarks on his short film for ôRambo.ö The
first single off his next project 343. The song conveys the trials
and tribulations of hustling with a drug deal gone totally array,
highlighting the question of who one can trust when that deep in
the game.
Directed by Independent Film Director, Jaison Black Rose, the short film portrays the story of Rambo, an ex-con who gets involved in the wrong scheme on the gritty streets of New York City.
Twitter @Jaetips @Jasonblackrose
Instagarm @Jaetips
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An optimal protection for the frame, radiator, fairing – not only by minor falls.
Racing: mushroom-shaped pads effectively slow down a sliding motorcycle
The polyamide plastic for an optimal protection and damping of the impact forces or the aluminium for a better look.
Double: an anodized aluminium basis = extremely robust with a great look; replaceable black polyamide pads for an optimal protection and damping of the impact forces.
Fixed to original attachments on the frame, without any modifications of the fairing.


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Brayden Seberras - Teaching, General Teaching Projects in Togo
My five month stay in Togo could never be summarised in one word, but if it had to be done it would be 'magical'. The beautiful rolling mountains and dense forests of this tiny West African nation are only surpassed by their gentle and outgoing inhabitants. Togo and the Togolese stole my heart the second I stepped off the aeroplane.
Arriving in Togo
My first day in Togo was very busy. Not speaking a word of French, the second I landed in Togo the huge differences from my small town world in Canada were starting to become more and more real.
I was picked up at the airport by one of the lovely Projects Abroad team members, Delphine, and we proceeded to my host family's house. I'll never forget the car ride there, looking out the window and taking in my first views of Africa; the loud and frantic bustle of daily life in the streets of Lome, the different smells in the air and the music that was seemingly around every corner you turned. It was all so new, so perceptually overwhelming and a tad nerve-wracking. Little did I know this was going to become the daily life that I'd want to live for the rest of my days!
Teaching in Togo
My average day began around 6:20am when I would get ready for school. I'd shower (from a bucket of course!), get dressed, pack my bag and walk to my school. On the walk there I'd hear "Mr Brayden! Mr Brayden!" as a handful of students would run up and walk me the rest of the way there. We'd arrive just in time to sing the national anthem and then it was off to class.
I was partnered with a local teacher, named Mr Dake. He was a great man as well as a great teacher and together we taught various classes and ages and each class had its own personality and traits. You'd learn quickly that one size does in fact not fit all and there's a different way to handle each one!
The Togolese children are some of the most imaginative, enthusiastic and competitive children that I've ever had the privilege to meet, and it was nothing short of a pleasure to work with them every day. It's cliché but so true when I tell you that they taught me much more than I ever taught them.
I'd go home around noon and eat my lunch. Meals were usually rice with chicken, fufu (my favourite), pate, or salad. Maman always knew how to make the best meals!
During the afternoons the kids and I would walk back to the orphanage and they'd take their baths while I helped the Tata ('sister' in Ewe!) with whatever chores she needed assistance with. When the kids were ready, we'd do their homework together and get it ready for the next day. If we finished in time we would play some games in the yard, do arts and crafts, play cards, or for a special treat, curl up and watch a movie.
Volunteering in Togo
The children were most definitely the highlight of my trip and being Tonton the most rewarding part. To be a significant part of these young people's lives not only for care but for emotional support is an experience that I can't bring to words. The smiles on their faces remind you that your hard work is well appreciated every time they shine!
I can't match the kindness of the Togolese people. I recall an instance my first week there, I stepped in deep mud in the roads and was walking back to the bureau covered to my shins! A kind lady invited me into her home, cleaned my feet and shoes for me, before sending me on my way. Selfless acts just like that one were commonplace in everyday life in Togo, and I could never be more thankful for everything the people did for me during my time there!
Now that it has come to an end, Togo is still on my mind every day. I count down the seconds until I'm able to return to Africa - to be able to walk under the palms, close my eyes, feel the sun kiss my face and breathe in the air just one more time. If you're looking for the opportunity of a lifetime, memories and friends that will last you just as long, look no further; because Togo is the only destination that should be on your list.
Brayden Seberras
Dit verhaal is een persoonlijke ervaring van een vrijwilliger op dit project en dus een momentopname. Houd er rekening mee dat jouw ervaring hiervan af kan wijken. Onze projecten veranderen constant, omdat we inspelen op de lokale behoefte en we voortborduren op de behaalde resultaten. Ook verschillende weersomstandigheden kunnen de ervaring beïnvloeden. Lees meer over wat je kunt verwachten van dit project of neem contact met ons op voor meer informatie.


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Naked Teacher Shows Up to School Praising His 'Third Eye'
You know that common recurring nightmare where you're wandering around your elementary school after hours, and you stumble into your teacher, and he's completely naked and wanting to talk to you about enlightenment? No? Maybe it's just me. Anyway — that scenario has played itself out in real life. What does it all mean?
Harlan Porter, a 31-year-old teacher at B.C. Haynie Elementary School in Georgia, was discovered by another teacher walking through the school completely naked at 3:20 p.m. on Friday. Porter had recently learned that his contract wouldn't be renewed.
The students had already gone home, sparing Porter a charge of child molestation, but he was jailed and charged with public indecency and indecent exposure. The police officer who arrested him didn't fail to see the humor in the situation — particularly when the teacher started babbling in New Age-speak.
The arresting officer wrote in the incident report that Porter spoke of a "new level of enlightenment" and said "he wanted everybody to be free now that his third eye was open."
"I then explained the obvious problem with his third eye being opened in public," the officer wrote. "He readily agreed that his decision to remove his clothing posed a problem and stated that he understood why I would likely have to place him under arrest."
The police report went on to say that teachers had noticed other strange behavior in Porter: The strict vegan had been spotted binging on Taco Bell just hours before his nude stroll. Which — everybody now! — goes a long way towards explaining that gaping third eye.


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I met all my "challengers" an hour before the start, and we continued trash-talking. This race is a buzz, as always, Joe's races bring all Texas together, lots of fun, it was also our HCTR club's picnic day (past 10 am since I was to distribute food tickets). Total insanity how many people I haven't seen in a long time, good friends, awesome times. All of us going for 2:30 tucked in together with Larry locating himself in the front with Melanie Fryar, Alison Bryant and Meredith Terranova. The 25km version of this race (featuring also 10k, 50k and 50M) is a Sportiva Cup championship, so it brings a handful folks wanting points, but the rest is all locals. Of course, I yelled a lot of insanities and kept newbies entertained and scared:)
And we took off. Once I put my music on, nothing else mattered. All "my" boys kept behind, for a bit I heard a chatter, then got lost in the tunes and turns of the trail...
|Mike Ruhlin and Brian Ricketts right behind.
2nd mile beeped in 9:06. Oh, shit, I am going to break. Breathe, stupid! I did, and soon felt smooth and in control. OK, honey, much better, keep it like that - just to find out my 3rd mile went in 8:54.
From there on, it was like that non-stop. Every time my Garmin beeps on a mile, I'd look, make huge eyes, get scared I'll break down very soon ("No, no, no way I can keep up-tempo pace for 15 miles! And on trails to boo!") and keep moving. I was just simply going for it, wondering where my limits are.
First manned AS (there was a water stop I didn't stop at) came around 6 miles, and I zipped in for a mere 10 seconds to fill my bottle, and as I turned my head, Brian went by. Bu#$%D! I yeled out with a smile. He responded without breaking a stride or turning his head: "If I have a chance to beat you, I am sneaking by!". Rest assured, Brian beat me by 20 minutes last year, so I was ok, but it didn't mean I wasn't trying to stay on his heels!
The next 5 miles were totally uneventful in trail description (actually, that was the easiest of 3 segments). The only thing was (besides slowly catching up with some 50k runners who started 1 hr ahead of us) 2 girls passing me, neither had a water bottle, both seemed almost professional. I didn't blink as they pulled away quickly, and in a minute actually thought - "Dang, they must be 10k front runners! No bottles, super-fast pace, I never studied the course, so who knows where we merge...don't go after them!". Of course, there is a little pull when you're passed, but in general I believed what I thought and didn't care.
Not a couple miles later, I saw both of theirs purple shirts right ahead of me. Hmm, am I an idiot of going too fast? I wondered. I was running very even at this point, kind of working, but not overdoing anything, smiling, talking to each runner I am passing in full sentences, so breathing in check, legs ok, fuel on spot, water still in the bottle...I passed girl #1 a mile before AS. I remembered the course from 2 years ago and knew aid is coming. Ran into it - and my friends Hor Hey and Diana - and actually spent 30 seconds chatting while filling my bottle. Hor Hey reported Larry is up front and running well, and chased me out.
As I got out, I pass the girls #2 with words "Common, honey, 5 miles left, just a morning jog!!" and she disappeared behind in a blur. Wow! I need to finally look at the watch!
All this time I was only trying to comprehend the fact that my miles vary between 9:02 to 9:29 at most, and since I never try to figure out my pace ahead of time (this is my 3rd race with Garmin, and I don't know "pacing", I know "going by feel"), I wasn't sure what it all meant besides "Holly cow, this is my road morning moderate effort run pace!". So, at mile 10.5, with 5 miles to go, I was at 1:38. What the heck does it mean?
Suddenly, that fuzzy math begins to make sense and scary and elate me simultaneously. Even if I run 10 min/mile to the end, I am breaking 2:30! Oh, s&%T! I am totally doing it!
This fueled me big time. That, and the fact that I wasn't going to let those girls re-pass me back. After a couple of miles, the trail entered its kind of "worst", with a long incline, then the "Grunts" (a series of steep ditches and twists, which I ran EVERY STEP of, just as I ran every step for the whole race!), more incline, some field...I came on a man who ran with me first section, then ran away, and yelled "Don't let me pass you, lets go, a mile and half left, work it, pull it!" - and within 10 seconds got around and lost him too.
The field crossing came extremely fast, and I picked it up. And in the last tenth of a mile, with all the folks (runners, volunteers and families), it was like running through the Boston's Wellesley girls tunnel...at least it seemed to be:) The yelling "Olga!!" echoed from one to another as I was passing, and it felt fantastic, will all the friends cheering and being there seeing my finish, and rooting for me, my family, my life, reason I stay with it, reason I want to do well always...
So, I pumped my fist and yelled some insanity as I finished as well:)
|Yeah, I was that crazy...Photo courtesy Enduro Photo.
|Happy Larry, 5th guy in an extremely stacked field, and Harrison, who was being a real boy!
|With Big Chris, who is 6'8", by the way, rubbing it in.
|Cris Strong, a good friend.
The rest of the day was just as amazing. After a shower, I was giving away tickets to HCTR members for food cooked by Ranch owners, chatting away, hugging, kissing, trash-talking, poking fun, loving every minute of it. Simply high. Too bad we had to leave earlier (to pick up Stephen from work). I didn't want it to end.
(From my email later that day to the HCTR club: "4 weeks ago I wanted to be done with the position and tend to my own personal life. Last 4 weeks proved to me that this Club is united and exists and wants to continue going on. I feel blessed to be part of it. We are good people. I am still getting out:) I do need to re-charge. But rest assured, I am not out of the club and its activities. You'll hear from me, as always, loud and clear. Because I love y'all.")
The rest of Saturday went mellow, in chilling and being in two stages at once: elated for what happened and scared that I just set a bar for myself higher. As we discussed how next 9 weeks (7 weeks of training) will have to be focused and real, I got chocked on tears. I don't remember last time my goal meant that much, but this time it does, The way I got into San Diego 100, the way I almost gave up running competitively, how I struggled with adrenalin fatigue, my come back, sticking to me eating Paleo and seeing benefits of it so grand, refusing to "age", to slow down, to "retire", to stop inspiring - and in return being inspired back - all of it was so real.
Sunday was "into the grind". One hour on Treadmill with 2x20 min 7% hill repeats at 11:00 pace, and 2 hrs on trails to follow. Recovery, hard training, and a lot of those new projects/prospects I wrote last time. Next 2 months are going to be epic.
I am going to make it happen.


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But will there be a story?
Well... it's a Michael Bay movie.
Transformers 3 continues to shoot in Chicago – here's Shia LaBeouf in a suit taking a break on set yesterday. So cute. Also Patrick Dempsey and Shia earlier in July and on the weekend shooting a post-destruction scene. They have similar hair, non?
Yeah Patrick Dempsey is in this mess too. Along with John Malkovich and Frances McDormand...what? It's almost as though Bay decided that good actors can compensate for the absence of a script. And I'm not against the franchise either. I actually liked the first one. But the second, Jesus, was probably the most infuriating sh-t ever. Why was it so f-cking LONG??? This is what happens when Bay's ego dwarfs the world.
As for Patrick, interestingly enough, his character was originally supposed to be Mikaela's boss, a shady character. Then, um, Mikaela got fired. Like a month before shooting started. Maybe now they just transferred and made him Rosie Huntington-Whiteley's boss instead. Well that was easy. And that's the point.
Photos from Wenn.com and Flynetonline.com and INF


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Idaho Department of Finance
Banking | Credit Union |
Consumer Finance | Escrow | Mortgage
| Securities
Banks can be either state or national-chartered. If a state charter is desired,
contact the Idaho Department of Finance at (208) 332-8000 or e-mail us at
firstname.lastname@example.com. We will be happy to discuss the application process
for starting a new bank in Idaho. If a national bank charter is desired, contact
the Office of the Comptroller of the Currency at (415) 545-5900.
Up to $250,000 per depositor is federally insured. Multiple accounts at a single
bank are aggregated for deposit insurance purposes. For additional information about
insurance of bank deposits, contact the Federal Deposit Insurance Corporation at
(800) 934-3342.
Several banks have started requiring thumbprints from non-customers who wish to
cash checks. Banks may do this, but it is not mandated by law. The purpose of the
thumbprint identification is to reduce check fraud, which can be very costly to
both the bank and its customers. Test studies in other states have indicated that
this practice can reduce check fraud by up to 50%. You can avoid thumb printing
by depositing checks directly into your personal bank account.
No, mutual fund shares purchased at a bank carry the same risk as any other mutual
fund shares, including the possible loss of principal. Annuities are only as safe
as the insurance company underwriting them. Your bank should be able to provide
you with information concerning the insurance company's financial condition.
No, the rate of interest is not limited by law. Interest rates generally reflect
market rates and may be whatever interest rate the bank and customer agree to.
State chartered credit unions are regulated by the State of Idaho, Department of
Finance, and federally chartered credit unions are regulated by the National Credit
Union Administration (NCUA). Each regulator has its own credit union law, rules
and regulations although there are many similarities.
There are two authorities which charter credit unions in Idaho. They are the Department
of Finance, State of Idaho, and the NCUA, 1230 W.Washington Street, Suite 301, Tempe,
AZ 85281. The Idaho Credit Union League, in Boise, ID can also assist with the organization.
A credit union is a cooperative, nonprofit financial corporation owned by its members
and chartered by the Department of Finance, State of Idaho, or the NCUA. Organized
to serve, democratically-controlled credit unions provide their members with a safe
place to save and borrow at reasonable rates. Members pool their funds to make loans
to one another. The members elect the volunteer board that runs each credit union.
The credit union motto is: "Not for profit, not for charity, but for service."
A written complaint is sent to the Director, Department of Finance, State of Idaho,
P.O. Box 83720, Boise, ID, 83720-0031, or via the Internet In the case of a federal
credit union, complaints should be filed with the NCUA.
The Board Chairman or the Chief Executive Officer of the named credit union is the
agent for "Service of Process".
Each credit union is made up of a common bond "Field of Membership" (FOM). If you
are within that FOM, you are eligible to join. You would not be limited to membership
in one credit union but could, in fact, join several credit unions if you fall within
their FOM.
If a credit union is no longer in business, it usually merged with another and,
generally, a larger credit union to provide additional services and products to
the members. To find a credit union that is no longer in business, you can contact
the Idaho Department of Finance (if the credit union was chartered by the state)
or the NCUA (if federally chartered).
The Idaho usury laws were repealed by the legislature in 1983, so there is no cap
on the interest you can be charged. The binding rate is whatever is agreed upon
by both parties.
Businesses that arrange for loans (*"loan brokers") cannot receive a fee until the
loan, or written commitment to loan, is made. Legitimate lenders never "guarantee"
or say that you are likely to get a loan or a credit card before you apply, especially
if you have bad credit, no credit, or a bankruptcy. If you apply for a real estate
loan, it is an acceptable and common practice for lenders to request payment for
a credit report or appraisal. If you have been victimized by an advance-fee loan
scam, file a complaint with the Federal Trade Commission (FTC). You may contact
the Consumer Response Center by phone, toll-free at 1-877-FTC-HELP (382-4357), TDD:
202-326-2502, by mail at Consumer Response Center, Federal Trade Commission, 600
Pennsylvania Ave, NW, Washington, DC 20580, or through the Internet at
Your creditor or lessor has legal authority to seize your vehicle as soon as you
default on your loan, as defined by your contract. They can do this without warning
you in advance so long as they do not breach the peace. They usually may not keep
or sell any personal property found inside. If the car is sold, the creditor must
pay you any amount received in excess of the debt and reasonable repossession and
storage fees. Even if you return the car voluntarily, you are responsible for paying
any deficiency on your sale or lease contract.
Contact the Consumer Finance Bureau at (208) 332-8002, or toll free in Idaho at
1-888-346-3378, or check our website at http://finance.idaho.gov.
Contact the Consumer Finance Bureau at (208) 332-8002, or toll free in Idaho at
1-888-346-3378, or check our website at http://finance.idaho.gov.
The Department regulates Idaho state chartered banks. Complaints against those banks
can be directed to the Consumer Finance Bureau at (208) 332-8002, or toll free in
Idaho at 1-888-346-3378, or check our website at
If the complaint involves a national bank, federal thrift, or state charted bank
from another state, while we may not have direct jurisdiction over the subject of
the complaint, we are willing to assist you by either providing the name of a person
you may contact at the financial institution, or contact information for the appropriate
regulator. Following is information for filing complaints with referral regulators
against national banks or federal thrifts.
For national banks or those with "N.A." after their name, contact the Office of
the Comptroller of the Currency (OCC):
For federal savings banks and thrifts, contact the Office of Thrift Supervision
Where to file a complaint depends on what institution issued the credit card. We
are willing to assist you in determining the identity of the issuing institution.
Please call us at (208) 332-8002, or toll free in Idaho 1-888-346-3378.
Following is contact information for the three credit bureaus:
If I don't find the answer to my question here, what number may I call? (208) 332-8004 or toll free within Idaho at 1-888-346-3378.
If the agency's Errors and Omissions (aka "E&O" or "professional liability") coverage is $250,000 and the Fidelity (aka "commercial crime") coverage is $1,000,000. For the Policy Statement, Escrow Act Policy Statement.
No. A supervising escrow officer can be in charge of multiple locations.
Any bank authorized to do business in Idaho.
An updated Authorization to Examine Trust Account form must be submitted to the Department with the new location and the bank's verification.
The questions and answers provided here are for informational purposes only and should not be construed to address any specific situation or to constitute legal advice. This information pertains only to Idaho mortgage loan originator licensees, license applicants, and mortgage company "control persons." Information from, and requirements of, other states may be different. Please refer to the Department's Financial Responsibility/Fitness Policy Statement 2011-01 (the Policy) for details on the documentation (or alternative information when documentation is not available) that must be provided to the Department for review.
It is not the Department's goal to deny licensure or ban participation in the mortgage industry. However, due to personal financial circumstances it is possible that not all individuals will qualify for a mortgage loan originator license under the requirements of the SAFE Act. However, individuals who do not currently qualify may qualify for licensure in the future when corrective measures are in place demonstrating financial responsibility and fitness and a history of responsible management of business and personal financial affairs. It is important to remember that according to the Policy, decisions will be made based on an individual's overall credit history with emphasis on the most recent three (3) years, the responses and documentation provided by an applicant or a licensee, and the individual's licensing and enforcement history with the Department.
The Idaho Department of Finance adopted Policy Statement 2011-01 to describe the evaluation process used to determine if an applicant or licensee meets financial responsibility and fitness requirements. The Policy describes what information the Department will review as well as what the Department will require from a licensee or license applicant to address any items of concern.
The Policy directly affects (i) Idaho mortgage loan originator licensees; (ii) Idaho mortgage loan originator license applicants; and (iii) independent contractor mortgage loan processors and underwriters who are required to submit a Form MU4 filing in the Nationwide Mortgage Licensing System (NMLS). The Policy will also affect any person required to submit a Form MU2 to the NMLS as a control person once the functionality becomes available, which is expected in the summer of 2011.
The Department has been charged with the responsibility to enforce specific licensing requirements of the federal SAFE Act, the minimum requirements of which have been incorporated into Idaho law. Some of those requirements involve determining the financial fitness and responsibility of mortgage loan originators by an assessment of how the individual manages his or her financial affairs. This information is primarily collected and reported through personal credit report histories. Additionally, it is the Department's view that the same standards applied to mortgage loan originators should
also be applied to control personnel who are responsible for the training, education, and policies and procedures of a mortgage broker or lender.
Each individual's credit report will be reviewed, with specific attention given to those with lower-end credit scores and those with specifically "flagged" items such as judgments, liens, foreclosures, delinquent accounts over 90 days, and accounts with multiple delinquencies. If there are items of concern, the individual will be notified that additional information is needed by the Department to complete the full review process. Once that information is received and reviewed, a decision will be made whether a license can be issued to the applicant or whether an existing licensee is qualified by law to maintain such license. Each individual with "flagged" items will be provided with an opportunity to provide the Department with a complete picture of his or her credit history – beyond what the Department may receive from a credit reporting agency. For example, an individual with "flagged" items on his or her credit report will need to supplement that information with written explanations of the circumstances surrounding noted areas of concern. This could also include providing documentation to dispute credit report information.
No. Idaho has not adopted a minimum credit score requirement that would cause denial or removal of a license.
Individuals will be notified by certified mail and a deficiency notice will be placed on the individual's NMLS record under the license item type of credit report clarification when the certified mail is sent. The certified letter will be sent to the individual's residential address. Privacy issues and restrictions contained within NMLS's contract with TransUnion limit the type of information that can be placed on the individual's NMLS record as well as how the information is communicated.
Privacy issues and restrictions contained within NMLS's contract with TransUnion limit the type of information that can be placed on the NMLS record as well as how the information is communicated and to whom. Communication with anyone other than the individual who is the subject of the credit report is prohibited.
NMLS's contract with TransUnion prohibits state agencies from providing copies of the credit report to anyone outside of the agency. If an individual wants to see a copy of the report that was provided to a particular state agency, he or she may request a copy directly from TransUnion at: TransUnion, 2 Baldwin Place, P.O. Box 1000, Chester, PA 19022 ((800) 888-4213 – www.transunion.com/consumersupport)
Credit reports will be pulled at the time of initial license application and at each license renewal. This is because the license renewal section of the Idaho SAFE Act requires that individual mortgage loan originators (MLOs) must continue to meet the financial responsibility/fitness requirements that are imposed at time of application or transition. Credit reports obtained at license renewal will be reviewed for any significant negative changes and to verify that actions to address negative information, such as participating in payment plans, are being completed as agreed.
The credit report pulls from the NMLS are considered "soft" pulls and do not affect an individual's credit score.
It will depend on the type of information reported in the credit report. The Policy contains a comprehensive list of documents the Department may require. Generally, an explanation of the circumstances that caused the negative information to be reported will be required as well as a description of the steps the individual has taken to rectify the situation. This may include negotiating a payment plan and making regular agreed-upon payments; paying off an overdue account, collection, lien or judgment; successfully disputing information on the report or getting incorrect information removed; or bringing a delinquent account current. For each representation made by an individual regarding a negative credit item, supporting documents will be required. This also applies to accounts included in bankruptcy filings, satisfied judgments, and released liens. Please refer to the Policy for more information on required documentation. If the Policy does not address your specific question, direct your inquiries to the person listed as the contact on correspondence sent to you from the Department.
The Department will not make a determination of financial responsibility/fitness based solely on the fact that an individual has been a debtor in bankruptcy or has been the control person of an organization that filed a bankruptcy petition.
The Department will not make a determination of financial responsibility/fitness based on delinquent accounts that are solely due to medical expenses.
Several factors, such as the severity of the delinquencies, the number of accounts involved, how recent the occurrences of delinquency are, and what remedies the individual has pursued will be evaluated to determine whether an individual's license will
be impacted. Be prepared to document any representations made to the Department regarding derogatory information. General statements about a difficult economy will not be satisfactory.
If a tax lien is the only derogatory account appearing on a credit report and an individual can document that a payment arrangement has been made and there is a history of timely payments under that agreement, such information will weigh in favor of the individual. Be prepared to provide documentation of the payment agreement as well as proof of payments and current status.
If the judgment account is in the name of an individual, and the judgment creditor has not released that person from responsibility to pay on the judgment, then the Department may require that the account is either satisfied or that the individual has entered into a repayment plan. Be prepared to provide documentation of payment agreements as well as proof of payments and current status.
Individuals will need to provide a written explanation as to the circumstances that caused them to be delinquent on a student loan. They will need to address what they have done to rectify the delinquency, such as entering into a repayment plan with the creditor or negotiating a settlement. Be prepared to document any representations made in a response to the Department regarding derogatory information. If a spouse is NOT an MLO, delinquent child support should not have any effect, assuming nothing is reflected on a credit report. If a spouse IS an MLO, then the same requirements for a delinquent student loan would apply to his or her child support situation.
Idaho does not have an automatic bar to licensure just because a foreclosure occurred within the last three (3) years. The Department will review the circumstances causing a foreclosure, what steps were taken to avoid a foreclosure, the individual's overall credit history, and what has happened since the foreclosure. Be prepared to document any representations made in a response to the Department regarding derogatory credit information.
This depends on what appears on an individual's credit report. If an account reflects any amount past due or a balance remaining or owing at the time of repossession, the individual will need to account for that in his or her explanation and remedies. That may involve contacting the creditor for more information. If the account only reflects the
repossession, but no amounts past due, delinquent or charged off, an explanation of the circumstances leading to the repossession and the steps taken by the individual may be sufficient.
Individuals will need to document the current status of the charged off amount. A creditor may have charged off an account as an internal loss but may have sold it to another creditor or debt buyer, or may be investigating other options to collect. The Department will review an explanation of circumstances that caused the charge off, to include any remedies an individual has taken or is in the process of taking to remedy the charge off, as well as the current status of the account.
The credit reports that the Department receives do not contain any identifying account information, such as account numbers. The Department also does not receive specific information about account transfers or by whom an account has been purchased. Additionally, the Department cannot identify duplicate account postings. Therefore, in order for the Department to identify and track this type of information, it must rely on the subject of the report to provide that documentation.
To demonstrate that an account was included in a bankruptcy, an individual should provide a copy of the schedule of debts, as well as confirmation that the account was discharged in the bankruptcy, or included in a restructuring.
Multiple foreclosures, especially within the past three (3) years, will most likely be problematic. However, the Department will consider explanations of circumstances, remedies taken or attempted, as well as the individual's overall credit history to determine if there were extenuating circumstances. The Department will also consider an individual's credit history, both prior to and after any foreclosures.
Recognizing that credit histories can be improved with effort, and that a revocation of an individual license is a permanent bar to future licensure, the Department will make every effort not to revoke a license during this process. This is why the Department has included an extended initial time period for licensees and applicants to comply with the Policy. The Department strongly encourages individuals to get their explanations and documentation into the Department for its review as soon as possible. If satisfactory information is NOT received by October 31, 2011, license applications
will be denied and existing licensees will not be allowed to renew their licenses for calendar year 2012. Individuals may also voluntarily surrender a license at any time. Credit reports will be pulled as part of the renewal process to verify that no significant negative changes have occurred since the initial pull or at the time of license application.
Yes. It is possible that an individual's license may be revoked or not renewed depending upon his or her credit history and the management of his or her financial affairs. Laws have been enacted to address Congress's mandates for mortgage industry regulation under the SAFE Act. No one is "grandfathered" under that Act.
If an applicant fails to provide required documentation, his or her application will be administratively denied or deemed withdrawn and all previously paid fees will be forfeited. If an existing licensee fails to provide required documentation, his or her license will either be administratively revoked or the license will not be renewed for calendar year 2012. If an individual is an MU2/control person of a licensee, then an action may ensue by the Department against the mortgage broker/lender licensee.
For issues solely related to financial responsibility/fitness the final deadline for receipt of satisfactory and complete information is October 31, 2011. Keep in mind that if an individual waits until October 2011 to provide his or her explanations and documentation, and those are not sufficient or complete, he or she may jeopardize the status of an existing license and the ability to renew it for calendar year 2012. The Department will strive to review all information received by it in a timely manner. Once a review is complete and the Department determines the licensee has demonstrated financial responsibility, the license status will be changed from "Approved-Conditional" to "Approved."
If I don't find the answer to my question here, what number may I call? (208) 332-8004
or toll free within Idaho at 1-888-346-3378.
Only if the firm is not a FINRA member.
Yes. If the firm has no place of business in Idaho, and has had 3 or less Idaho
customers in the previous 12 months, it is exempt from registration. In addition,
the firm must be registered with the SEC as a broker-dealer or exempt from SEC registration.
$200 for the firm and $50 per agent paid through the CRD system.
Yes, we require notification of opening, closing and amending branch offices. This
may be done through the CRD system by completing the Form BR. There is no state
fee required.
You must be affiliated with a broker-dealer firm that is licensed in Idaho. A compliance
officer within the firm should guide you through the application process.
Idaho's fee is $50. Please note there may be other costs involved that are not for
our Department.
TThe Series 63 or 66, the Securities Industry Essentials exam (SIE), plus at least one other general securities exam. The other exam(s) depend on what type of securities you are selling. Your firm and FINRA will help you determine what exam(s) you need.
You must have a sponsor (i.e. a broker-dealer firm) in order to take almost all
exams. Your broker-dealer firm will get you scheduled for any needed exams. Please
note that if you wish to take the Series 63, 65, 66, or the Securities Essentials exam (SIE), you do not need a sponsor (Form U-10).
The U-10 is the application to get scheduled to take an exam if you are not affiliated with
a sponsoring firm. Information on how to get scheduled for those exams may be found at
A registration and exam fee schedule may be found at
The locations and other related information may be found at
A list of study material vendors may be found at
You may call the FINRA help desk in Rockville, MD at 301-590-6500.
Only if the firm is Idaho based and state regulated.
Yes. If the firm has no place of business in Idaho and has had 5 or less Idaho clients
during the previous 12 months it is exempt from licensing or from having to notice
State Regulated firm-$150; Federally Regulated firm-$30 paid through the IARD system.
Please refer to "Investment Adviser Application Procedures and Information" at
Securities Forms. Refer to #2A or #2B" depending on where your firm is based.
Go to
www.iard.com/nav_guides.asp; Click on Web CRD Quick Reference Guides/ Form U-4
Either the Series 65 or the Series 66, the Securities Industry Essentials exam (SIE), and Series 7. For more detailed information including
waivers and exemptions, please refer to "Investment Adviser Representative Registration
and Exemption" at Securities Forms
Idaho's fee is $30. Please note there may be other costs involved that are not for
our Department.
The events that disqualify a person from being able to rely on Rule 506, and the persons to whom these rules apply are set forth in new Rule 506(d) of Regulation D.
Yes. Broker-Dealers may generally solicit under new Rule 506(c), provided that the following conditions are satisfied:
Broker-dealers participating in offerings in conjunction with issuers relying on Rule 506(c) continue to be subject to FINRA rules regarding communications with the public, which, among other things, (1) generally require all member communications to be based on principles of fair dealing and good faith, to be fair and balanced, and to provide a sound basis for evaluating the facts in regard to any particular security or type of security, industry or service; and (2) prohibit broker-dealers from making false, exaggerated, unwarranted, promissory or misleading statements or claims in any communications. See FINRA Rule 2210.
FINRA members that sell securities in an offering exempt from registration under Rule 506(c) must "(i) submit to FINRA a copy of any private placement memorandum, term sheet or other offering document, including any materially amended versions thereof, used in connection with such sale within 15 calendar days of the date of first sale; or (ii) notify FINRA that no such offering documents were used." FINRA Rule 5123. Further, salespersons of broker-dealer firms must ensure their firm has authorized their participation in the offering.
Yes. New Rule 506(c) offerings are considered covered securities under the National Securities Markets Improvement Act ("NSMIA"). However, issuers must look to each state where they offer or sell their securities to determine any applicable notice filing requirement(s). Issuers should also be aware that fraudulent representations would still make them subject to state law.
No. New Rule 506(c) permits issuers and broker-dealers to use general solicitation and general advertising to offer their securities provided that (1) the issuer takes reasonable steps to verify that the investors are accredited investors and (2) all purchasers of the securities fall within one of the categories of persons who are accredited investors under an existing rule (Rule 501 of Regulation D) or the issuer reasonably believes that the investors fall within one of the categories at the time of the sale of the securities. The determination of the reasonableness of the steps taken to verify an accredited investor is an objective assessment by an issuer. An issuer is required to consider the facts and circumstances of each purchaser and the nature of the offering.
The SEC has specified four specific non-exclusive methods of verifying accredited investor status for natural persons that, if used, are deemed to satisfy the verification requirement in Rule 506(c). These methods will not be deemed to satisfy the verification requirement, however, if the issuer or its agent has knowledge that the purchaser is not an accredited investor. These methods of verification are set forth in Rule 506(c)(2)(ii).
No. An issuer must either check the box for a Rule 506(b) offering or a Rule 506(c) offering, but not both. Under new Rule 506(c) all purchasers of the securities must fall within one of the categories of persons who are accredited investors under an existing rule (Rule 501 of Regulation D) or the issuer must reasonably believe that the investors fall within one of the categories at the time of the sale of the securities. Once a general solicitation has been made to the purchasers in an offering, an issuer is not able to rely on Rule 506(b). Accordingly, a fund must either be sold in compliance with 506(b) or new Rule 506(c).
Yes. Section 201(b) of the JOBS Act permits offers and sales of securities under Rule 506(c) by private funds relying on the exclusions from the definition of "investment company" under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act. Accordingly, starting September 23, 2013, private fund advisers may generally solicit the sale of interests in their newly formed funds.
Pursuant to amendments to Rule 144A, securities offered pursuant to Rule 144A are permitted to be offered to persons other than qualified institutional buyers, provided that the securities are sold only to persons that the seller and any person acting on behalf of the seller reasonably believe are qualified institutional buyers.
Yes, an issuer will be entitled to rely on a third party that has verified a person's status as an accredited investor, provided that the issuer has a reasonable basis to rely on such third-party verification.
Protecting the Integrity of Idaho Financial Markets since 1905


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text:
LOS ANGELES (Reuters) - Canadian alternative rock group Arcade Fire scored its second No. 1 record by knocking pop singer Katy Perry off the top spot of the weekly Billboard 200 album chart on Wednesday.
"Reflektor," the fourth studio album from Arcade Fire, sold 140,000 copies in its first week according to figures from Nielsen SoundScan. Perry's "Prism," which debuted at No. 1 last week, dropped to No. 2 with second week sales of 92,000 units.
Two holiday albums made their debuts this week in the top 10 of the Billboard 200, which measures physical and digital album sales. "American Idol" winner Kelly Clarkson landed at No. 3 with her Christmas set "Wrapped in Red" while A&E's "Duck Dynasty" reality show stars the Robertson family came in at No. 4 with their novelty festive album "Duck The Halls: A Robertson Family Christmas."
Other debuts in the Billboard 200 top 10 albums include country singers Thomas Rhett with his self-titled record at No. 6 and Toby Keith at No. 7 with "Drinks After Work," and rockers Linkin Park at No. 10 with "Recharged."
After last week's dismal overall album sales, which clocked in at 4.5 million, the lowest since Billboard began tracking sales in 1991, overall album sales for the week ending November 3 showed a 5 percent rise to 4.7 million.
The total is still down 14 percent from the comparable week in 2012, Billboard said.
On the Digital Songs chart, which measures song downloads, rapper Eminem shot to No. 1 with his new track "Monster" featuring R&B singer Rihanna, selling 373,000 copies. British boy band One Direction's latest song "Story of My Life" came in at No. 2, while New Zealand singer Lorde's "Royals" dropped two spots to No. 3.
Billboard said Eminem's latest album "The Marshall Mathers LP 2," released on Tuesday, is projected for opening week sales of 700,000 to 750,000, making it the year's second-biggest debut, behind Justin Timberlake's 968,000 first week sales of March's "The 20/20 Experience."
Reporting by Piya Sinha-Roy; Editing by Patricia Reaney and Bill Trott


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Monday, May 11, 2009
My Favourite Things: Frozen Desserts - The Round Up
Ladies, before you settle in your chairs to read this round-up, I strongly urge you to change into your gym gear. For though a lot of the frozen desserts here are low in fat and as healthy as desserts can possibly get, there are just so many here that I think you will definitely need to head to the gym at the end of the round up!!
Bindiya of In Love with Food makes this deliciously tangy, guilt - free Frozen Pineapple Yogurt.
Not having an ice cream maker didn't deter Lavanya of Vividha Ruchulu from making this lovely coloured Strawberry Yogurt Icecream.
With the mercury slowly inching up, Asha of Foodie's Hope whipped up this easy to make Mango Frozen Yogurt.
Parita of Parita's World combines strawberries, blueberries and raspberries to make her Mixed Berries Frozen Yogurt.
I (aka Aquadaze of Served With Love) made Strawberry Swirl Frozen Yogurt.
Dhanya of My Home Cooking makes a this creamy Strawberry Vanilla Ice Cream ....what's more, it's eggless!
Maya of Konkan World makes a unique combination of raspberries and mangoes in this Mango Raspberry Ice Cream
Malini of Khana Khazana with Malini makes French Vanilla Ice Cream and serves it up as an Ice Cream Sandwich and an Ice Cream Sundae.
Prathibha of the Chef and her Kitchen celebrates her 50th post with this delicious Mango Kulfi, enhanced by the addition of nuts and saffron!
Who can resist kulfi falooda? Easy Crafts of Simple Indian Food makes falooda from scratch, find out all about it here.
Bindiya of In Love with Food makes Summer Cool Kulfi in two ways, read all about it here.
Ramya of Passion for Cooking, inspired by Kulfis being made all over the blogsphere, makes her own version of Aam Kulfi.
Simran of Bombay Foodie makes this delighfully red and very healthy Watermelon Sorbet to beat the Bombay heat.
PJ of Seduce your Tastebuds makes this very different Japanese Green Tea Sorbet.
Priya of Priya's Easy N Tasty Recipes packs in the benefits of cantaloupe melon in this flavourful, low calorie Cantaloupe Granita.
Though technically not frozen desserts, I have included these as they need to be chilled before they can be relished.
Ramya of Ramya Cooks makes this awesome, no bake Mango Mirror Cheesecake.
From Ramya of Passion for Cooking, here's the irrestible Aam Khand.
From Indrani of Appyayan comes this easy to make Caramel Custard.
Thank you all very much for your participation in My Favourite Things: Frozen Desserts and thank you Bindiya, for this super opportunity to host My Favourite Things. Head over to Poornima's where she hosting this month's My Favourite Things: Cheese.
21 comments:
Lovely roundup....perfect for this summers..glad that i participated in this..ReplyDelete
great roundup..so nice:)ReplyDelete
Now it will get even more tough to decide on the dessert ..even one of them is so lovelyReplyDelete
- AnonymousMay 11, 2009 at 6:16 AM
A very meaningful round up..ReplyDelete
An excellent roundup Aqua...Prefect to try for summer...ReplyDelete
great round up...so many yummy frozen deserts to savour in this year's unbearable summer....ReplyDelete
Hi AD,ReplyDelete
Hope u had a great vacation :)
Whoa!wonderful sluuuuuuuuurp...round up,seeing this many people's diet will go for a toss ;)
good job!Summer sure comes with a lot of advantages...lol
You have done a superb job!, what a delicious roundup!!ReplyDelete
Wonderful roundup..everything is so yumReplyDelete
Lovely collection! I've bookmarked a few to try.ReplyDelete
Delicious ideas for the upcoming summer!ReplyDelete
Lovely roundup..Missed the event..ReplyDelete
Nice round up. Just in time for summer.ReplyDelete
Amazing round up and love the way its put up here...ReplyDelete
Nice round up:). A lot of cool recipes. You did an awesome job dear:).ReplyDelete
awesome round up..im new to ur blog..its really superb..ReplyDelete
oh wow Aqua..your page is looking so pretty today with all those yummy things..:)ReplyDelete
what a delicious round-up, aqua!! I just wish i couldve participated! didnt know i could send in chilled desserts :-(ReplyDelete
lovely round up ..thank u visiting my blog n leavin comment..i hope u wl cm ofter nw..ReplyDelete
While visiting Disney World's Magic Kingdom, we came across a frozen pineapple smoothie type treat that was outstanding. The frozen pineapple yogurt made me think of it. I wonder if I could replicate it? I would have never thought of frozen pineapple yogurt. Thanks for giving me the idea : )ReplyDelete
It is not just about the ingredients or the recipe, good food happens when it is served with love!!


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Mike MacIntyre didn't sleep at all Thursday night. Colorado's football coach says he spent hours tossing and turning considering how he should respond to a racist remark posted on the Twitter page of CU recruit Sam Kronshage and his explanation for it.
He had come to only a few preliminary conclusions by midday Friday when he called several reporters who cover the Buffs on a regular basis to his office to outline the situation after the story began to take on a life of its own early Friday morning.
One of those conclusions is that MacIntyre is leaning heavily toward following in the footsteps of other college programs and banning his players from using Twitter. This is, after all, the second straight year a CU football recruit has found himself in serious trouble before stepping foot on campus because of the inappropriate use of his Twitter account. More on that later.
First, a little background.
Kronshage, a three-star offensive lineman from The Woodlands High School near Houston, became involved in an ugly war of words last weekend between players and fans of The Woodlands baseball team and a rival school, Rockwell, during a three-game series to determine which team would move on to the state Final Four.
Brandon Manger, a player on The Woodlands team, first began using racial slurs toward Rockwell center fielder Kendall Coleman, who is black. Soon after a post from Kronshage's Twitter account also directed to Coleman put him squarely in the conflict.
The post read. "You're a n-----. #Seasonover"
Ordinarily, MacIntyre wouldn't have much option here. The only choice would be to call Kronshage, ask him about the post and if he admitted posting it, then pull his scholarship and cut ties with him.
But MacIntyre made that call and when he heard the explanation, the ugly situation became much more complicated.
Kronshage told MacIntyre that he wasn't at the baseball game. He was at a supervised post-graduation party where he was swimming. He said that while he was in the pool, someone used his phone to access his Twitter account and post the racist tweet. He did not know who used his phone.
When MacIntyre relayed this story to us Friday, my BS detector went nuts. It's seems like a pretty convenient excuse for a guy who was realizing he had just thrown away his future and was desperate to reclaim it.
But here is the thing. What if Kronshage is telling the truth?
Kronshage told MacIntyre that he tried to contact Coleman to explain what had happened and apologize but he couldn't get a response from Coleman. Kronshage later apologized to Coleman using his Twitter account to say "hey man, I've been trying to get ahold of you. Just wanted to say sorry for what happened on Saturday."
MacIntyre said he consulted his son, Jay, a senior-to-be at Monarch High School, and asked him if he had ever heard of such a thing and his son told him that kids play pranks on each other sometimes by accessing Twitter accounts of friends and posting things to make them look bad.
Obviously, these aren't the future doctors, astronauts and Harvard professors of the world.
MacIntyre said he has never had any reason to believe Kronshage is anything but an honorable young man with integrity and a good heart. He said there were no red flags about Kronshage that came up in recruiting and he pointed out that Kronshage committed to former CU coaches Kanavis McGhee and Jon Embree, both of whom are black.
It seems unlikely Kronshage would want to come to Boulder and play for a black coach if he truly harbors racial feelings or a racist agenda.
MacIntyre also noted emails he received from Kronshage's parents defending their son. The emails noted racism is not tolerated in the Kronshage family. They informed the coach that one of Kronshage's aunts is in an interracial marriage with a black man and that Kronshage has done charity work in high school for an organization that benefits people in Africa.
While all of this seems to suggest that Sam Kronshage is not racist and may not have sent the tweet, it's not definitive proof. A person can certainly have an uncle from a different race and still be a racist.
The reality is there simply isn't anyway to know what is in the heart of Sam Kronshage other than watching his actions over a prolonged period of time.
MacIntyre said he, interim athletic director Ceal Barry and other CU officials are investigating the matter and he will go along with whatever the school decides.
"I have to trust the young man and trust what's going on here," MacIntyre said. "I do believe them. So we're in the process of trying to make sure what we've been told is definitely real."
MacIntyre couldn't say how CU is going about doing that.
Under the CU code of student conduct, Kronshage would likely be suspended for at least a semester if not kicked out of school all together if the incident happened here in Boulder. But there lies an additional level of complication. Kronshage is not yet a CU student and this incident certainly didn't happen here.
It seems like it would be unfair for CU to take any action against Kronshage given those facts and considering there is at least some question about whether he even sent the offending tweet.
It would also directly contradict the school's decision to allow defensive back Yuri Wright into school a year ago when he was actually expelled from high school in the middle of his senior year for posting offensive and racially insensitive tweets over a period of months.
MacIntyre made it clear that if he knew definitively that any recruit or player was using racial slurs and acting in a discriminatory fashion, that player would lose their scholarship.
"It would definitely be some strict, strict discipline that would take place," MacIntyre said. "There is no call for any discrimination against any races or other situations in society. Period. Especially when you come here and you're trying to build a team and you're trying to build trust."
MacIntyre said he would immediately cut ties with Kronshage if he later learns that Kronshage has been dishonest at all in the process of reviewing the incident.
So it appears for now that Kronshage will be allowed to put this behind him and come to Boulder for football and an education.
It's despicable if Kronshage's story is true and someone nearly robbed him of the opportunity not to mention his good name.
But what is even more despicable is what we know happened. A young man in Texas endured humiliating and vile treatment by players and fans of a rival high school baseball team simply because of the color of his skin.
Considering the age of many of those involved, the fight against intolerance and ignorance suddenly seems a long way from over.
Follow Kyle on Twitter: @KyleRingo