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LED Fab Investments: Capacity Expansion Cools Slightly
By Clark Tseng and Dan Tracy, SEMI Industry Research and Statistics
Following a built up of 60 percent capacity expansion in 2011, LED fab investments will slow down somewhat with expected capacity expansion of 39 percent and 26 percent in 2012 and 2013, respectively. The slowdown follows the strong build up in China where incentives previously in place for MOCVD tool investments have or will soon end. In addition, 2011 proved to be a weaker market for TVs, which reduced demand for LED backlight units. Overall LED equipment investment may decline about 30 percent from $2.6 billion in 2011 to $1.8 billion this year. Spending in 2013 could see some small improvement over 2012.
China is forecasted to have the largest share of LED fab capacity by the end of 2012, though a portion of the capacity is reportedly under-utilized as some companies have yet to establish a real impact on the high-end LED market. Incentive programs from China are expected to move away from MOCVD-centric toward lighting applications, which will help driving utilization and potential future expansion projects. While fabs in China are focused on 2" wafer production, SEMI expects to see a higher percentage of 4" and above wafer capacity coming online this year from established players in Taiwan. And several leading companies — like Cree, LG Innotek, Osram, Philips Lumileds, and Samsung — have begun to invest in 6" wafer technology for LED fabrication.
While LED fab investments are cooling following aggressive expansion over the past two years, the mid- to long-term outlook remains promising. TV backlight demand should improve with the introduction of new models later this year and, in addition, growing demand for higher resolution tablets will also help spur the consumption of LED chips. Other than LED backlight, LED chip makers are moving aggressively toward lighting market as solid state lighting applications are forecasted to be the largest growth segment for LEDs through the end of this decade. The focus is on improving LED performance while driving down the cost in order to accelerate LED adoption in lighting. In addition, SEMI expects more integration and cooperation along the LED chip and lighting product supply chain of LED chips in coming years.
Portions of this article were derived from the Opto/LED Fab Forecast that tracks over 250 Opto/LED fabs activities worldwide, with detail information on fab construction and equipment spending, key milestone dates, capacity and ramp up schedule, and more. This database is an essential business tool for any company keeping track of the Opto/LED frontend fabs. Additional information regarding this report can be found at:
April 3, 2012


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AP Sports Writer
STARKVILLE, Miss. (AP) - Tyler Russell threw for 222 yards and three touchdowns, Marcus Green caught two touchdown passes and Mississippi State easily beat Auburn 28-10 on Saturday at Davis Wade Stadium.
Auburn briefly took a 10-7 lead when Onterio McCalebb returned a kickoff 100 yards for a touchdown to open the second half, but Mississippi State (2-0, 1-0 Southeastern Conference) responded with 21 unanswered points.
Auburn (0-2, 0-1) struggled through an awful offensive performance. Kiehl Frazier completed 13 of 22 passes for 125 yards and three interceptions.
The victory broke a string of unsavory trends for the Bulldogs. They had lost 10 out of the last 11 against Auburn - including four straight - and hadn't won an SEC opener since 1999.
It was also coach Dan Mullen's first victory against the SEC Western Division's best four teams. He was 0-12 combined against Alabama, LSU, Arkansas and Auburn until Saturday's breakthrough.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

subset: commoncrawl


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Box Score
FOREST GROVE – For the second straight week, Pacific saw the efforts of a well played first half slip away on Saturday night as Menlo scored the final 23 points of the game for a 23-16 come-from-behind victory over the Boxers in football action at Lincoln Park Stadium.
After pulling out to a 16-0 lead with 1:34 left in the first half, the Boxers (0-2) found themselves done in by turnovers and penalties. Pacific fumbled twice in the final 30 minutes and had all eight of their penalties in the second half for 61 yards.
"We go back to the fact that we are a young football team," said Pacific Head Coach Keith Buckley. "We have led more than we have been behind this year, but we have come up on the short end of twice. We are going to have to work on very quickly is finishing football games and doing the same things at the end of games that we have at the beginning of games."
For the second straight contest, T.C. Campbell (So., Kaimuki, Hawaii) paced the Boxers with another strong game at quarterback. He completed 18 of 24 passes for 275 yards and a pair of touchdowns. He also rushed for a net 25 yards, which included runs of 18 and 20 yards in the Boxers' final drive of the game that kept the game alive.
Jordan Fukumoto (So., Mililani, Hawaii) led the Boxers in receiving, making seven catches for 96 yards and a touchdown. Blake Anthony (Fr., Valencia, Calif.) had four catches for 80 yards, including a 44-yard strike in the first quarter. Kelson Kawai (So., North Kohala, Hawaii) had three catches for 70 yards. Davis Jacobs (So., Tigard, Ore.) led the Boxers in rushing with 28 yards on 12 carries.
Matt Pelasasa led Menlo's (2-0) passing attack, completing 21 of 37 passes for 220 yards and two touchdowns. Robert Adan was Pelasasa's favorite target, catching seven balls for 134 yards and two touchdowns. Thomas Reynolds led the Oaks in rushing, carrying 12 times for 50 yards.
After both teams' opening drives ended in punts, Pacific opened scoring with a four-play, 77-yard drive that was buoyed by Campbell's 44-yard reception to Anthony. Campbell completed the drive with a 25-yard scoring strike to Fukumoto that put the Boxers up 7-0.
The defenses held for the bulk of the second quarter, with the Boxers defense coming through for a score with 3:01 left in the half. After being pinned back by punter Aaron Koford (So., Wilsonville, Ore.) on their own 5-yard-line, Pelasasa was flagged for intentional grounding while trying to throw out of his own endzone. The resulting safety gave the Boxers the 9-0 lead.
A personal foul penalty on the ensuing free kick gave Pacific the ball at midfield. Campbell needed only three plays to convert a touchdown, this time finding Kawai for a 34-yard pass to give the Boxers a 16-0 lead with 1:34 left in the half.
Menlo quickly marched down the field, needing just 58 seconds to score their first touchdown in a sign of the game's shifting momentum. Pelasasa converted three passes, the longest 40 yards, before James Yoder punched in on a 2-yard run to narrow Pacific's lead to 16-7 at halftime.
The Oaks put together the game's longest drive to score their third quarter touchdown, running 15 plays over 88 yards in 5 minutes, 33 seconds. Pelasasa finished it off with an 8-yard pass to Adan that cut the lead the 16-14. The Boxers fumbled the following kickoff, but Menlo turned the ball right back over when Pelasasa was intercepted by Sam Bettencourt (Fr., Downey, Calif.) at the 1-yard line.
Pacific never had a chance to move the ball off the turnover, as they were whistled for holding in the endzone. The safety tied the contest up at 16-16 with 2:10 to go in the third. Menlo put together what would be the winning drive of the game on their first possession of the fourth quarter. Taking over at the Pacific 40-yard line, Pelasasa against went to the air to find Aden open for a 23-yard score with 13:31 left.
The Pacific defense came up big on Menlo's final drive of the game, stopping the Oaks on their own 13-yard line before seeing kicker Kevin Kurtz miss a 31-yard field goal with 6:08 to go. Campbell responded by completing five passes and making 18-yard and 20-yard rushes on third down plays to keep the Boxers alive. Pacific had three looks at the endzone and just missed hitting Kawai on fourth down as the Oaks' defense held to seal the game.
Pacific finished the night with 310 yards of total offense while Menlo finished with 308 yards. Menlo held the narrowest of edges in time of possession, controlling the ball of 30 minutes, 10 seconds.
Tim Hastie (So., Auberry, Calif.) led Pacific defensive with 6.5 tackles, including 2.5 tackles for loss. Bryan Mills (So., Imbler, Ore.) had six tackles, including five solos. Joe Correia led Menlo with six tackles. Steven Lopes finished with 5.5 tackles and two tackles for loss, including one of Menlo's two sacks.
After playing their first two games at home, the Boxers head out on the road next weekend. Pacific plays at Claremont-Mudd-Scripps on Saturday night, with kickoff scheduled for 7 p.m. Menlo will also play in the Southland next weekend as they take on Occidental.
First Half Magic Fades Away As Boxers Fall To Menlo
|Menlo (2-0)
|Pacific (0-2)
Box Score


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Raffle Fundraiser for The Bria Fund ™ Supporters for FIP Research
Our 2nd annual raffle fundraiser is officially underway! Anyone who donates at least $5 receives a raffle ticket and
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The Confederation of Meningitis Organisations (CoMO) is dedicated to preventing meningitis globally by ensuring families
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Tourette Syndrome is a neurological disorder. It's important that we educate and raise awareness and stop bullying.
My sister was diagnosed with metastatic breast cancer when she was 30 and passed away when she was 36 leaving behind 2
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My Son has Type 1 Diabetes and He and All those affected need a Cure


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Ahead of this afternoon's Supplemental Draft (2 pm ET, live tracker on MLSsoccer.com at 1:45 pm ET), here are the names that project to be among the Top 10 prospects, including a heavy dose of international players:
1. Kohei Yamada (TheSpa Kusatsu) – Skillful playmaker. Although the Japanese midfielder lacks physical stature, his dribbling ability and vision will prove valuable to a club.
2. Evan James (UNC Charlotte) – Speedy winger with great skill. Canadian may have had a quiet College Cup but he was one of the stars at the MLS Combine with some impressive finishing.
3. Jason Banton (Leicester City) – Englishman's speed on the left wing and his ability to beat players one-on-one will be attractive to someone. He'll get a chance to impress in preseason.
4. Gienir García (Cruz Azul Hidalgo) – Young but experienced left back who has cut his teeth at Cruz Azul and manages his position well. Never really exposed at combine and whips in a good ball.
5. Aldo Paniagua (General Caballero) – Although he lacks pace, the Paraguayan is always productive with his touches on the ball and knows where to be on the field.
6. Bryan Gaul (Bradley) – Tall, left-footed center backs who can also play at left back are a valuable commodity.
7. Tony Walls (UW-Green Bay) – Athletic holding midfielder who sniffs balls out. A strong tackler and good in the air. Can also play spot duty at center back.
8. Michael Green (New Mexico) – Skillful and versatile midfielder who is comfortable with the ball at his feet.
9. Alec Purdie (Indiana) – Dynamic wing midfielder. Although not always clean with final touch, the Indiana product works hard and runs all day.
10. Emiliano Bonfigli (Manta FC) – Lacked any real service at the combine and did not show well. A team will take a shot on the Argentine based on his proven finishing ability back home in South America.
Here are the best of the rest, including names of players who did not participate at the MLS Player Combine:
Goalkeepers: Andrew Larkin (Occidental College), Jonathan Lester (San Jose State), Brian Rowe (UCLA)
Center Backs: Stefan Antonijevic (Valparaiso), Justin Chavez (Tulsa), Jeff Pickett (Army), Charles Rodriguez (Charlotte), Andy Rose (UCLA), Isaac Cowles (Charlotte), Daniel Steres (San Diego State), David Tiemstra (Ohio State)
Left Backs: Kris Byrd (North Carolina Greensboro), Jamie Finch (Washington), Logan McDaniel (Loyola)
Right Backs: R.J. Allen (Monmouth), Nick Blake (UConn), Mykell Bates (Santa Clara)
Holding Midfielders: Rafael Garcia (Cal State Northridge), Andy Rose (UCLA), Lance Rozeboom (New Mexico), Kirk Urso (North Carolina)
Wingers: Eder Arreola (UCLA), Iyiola Awosika (Radford), Luigi Clendening (Georgia Southern), Evans Frimpong (Delaware), Walter Hines (St. John's), Luke Holmes (Akron), Antoine Hoppenot (Princeton), Stephen Posa (San Diego), Cyrus Saydee (Michigan State), Max Touloute (IPFW)
Attacking Midfielders: Arthur Ivo (SMU), Jarod Stigall (Denver), Nick Millington (Elon)
Forwards: Connor Barbaree (Portland), Cesar Diaz (UC Riverside), Oliver Kupe (Northwestern), Steven Miller (Colgate), Michael Roach (St. Louis), Aaron Schonfeld (Eastern Tennessee), Mike Tobie (Judson)


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Dear Annie: I am an 18-year-old guy, and my parents are splitting up. I don't know the full story, but things are getting somewhat awkward around the house. We try to live normally, but the silence hurts. I'm trying to deal with it and put up a good front until graduation, but it's hard.
Dear Annie: We have two children and a 13-year-old grandson. Two years ago, our 48-year-old unmarried son very reluctantly told us that he has been diagnosed with gender identity disorder and considers himself to be female. This came as a complete surprise, but we decided to support her wholeheartedly, and we find her to be much happier than before.
Dear Annie: I am getting married in May. My fiancé, "Stan," didn't like his last job, so my brother hired him. Stan has been working there for a year.
Dear Annie: I am a bartender and waitress at a small local restaurant. We recently worked a big party that included drinks and a three-course meal. When it came time to pay, the customer left us a fairly large tip.
Dear Annie: My pregnant granddaughter smokes. She has switched to electronic cigarettes, telling her husband that these are completely safe and will not affect the baby in any way. She also claims there is no danger of secondhand smoke.
Dear Annie: Four months ago, I joined a nonprofit that provides free tutoring and homework help to elementary-school kids. When I started, the kids coming into our center were from low-income minority and immigrant families. These were kids who would be home alone all afternoon if they didn't come to us.
Dear Annie: I have been married to "Horace" for less than a year. This is his second marriage. His prior marriage was to his high school girlfriend, and they have two children together.
Dear Annie: My mother lives by herself. I have not spent a great deal of time with her, but now that she is aging, I feel guilty for not being around. Mom doesn't have any friends, and my siblings barely speak to her. She is a difficult woman.
Dear Annie: I usually do the cooking in the house, but occasionally, my husband likes to surprise me by preparing a meal. I'm glad he wants to relieve me of the kitchen duties, but he has a bad habit of wrecking my cookware.
Dear Annie: My husband and I adopted our daughter at birth. When my mother-in-law found out that "Amanda" is biracial, she informed my husband that we were no longer welcome in her home. Initially, she admitted it was simple racism, but now she says it's because she can never accept a child "not of my own blood." When our daughter was 3, Mom visited and told Amanda that she was a "friend," not a relative.
Dear Readers: Today is Veterans Day. In honor of our veterans, here is a piece written by John Alton Robinson of West Monroe, La.
Dear Annie: I have been married to "George" for more than 20 years. For most of this time, there has been tension (to put it mildly) between my husband and my mother. He rubs her the wrong way, she snipes at him, and he snipes back. I've had several conversations with them over the years, asking them to be more tolerant of each other, if only for my sake. That works for a while, but eventually, they return to their old ways.
Dear Annie: Yesterday, our daughter-in-law announced that she did not want pictures of her children posted on Facebook. My wife is beside herself, saying that "Mary" has no right to do this.
Dear Annie: My 26-year-old son graduated two years ago from a terrific university. During college, he lived on his own and had a girlfriend, but just before graduation, they broke up. My son had a hard time coping, and when he graduated, he came back to live at home.
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Dear Annie: I have been a single mother for 20 years. Four months ago, I was talked into letting one of my daughter's friends stay with us while her parents searched for a new home in another state. They agreed to pay me a monthly stipend for their daughter's expenses. This has not happened. I received one check, and that ...
Page 6 of 10
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Featured News - Current News - Archived News - News Categories
Projects promote Gov. Cuomo's vision for a revitalized waterfront
The Erie Canal Harbor Development Corp. board of directors met Tuesday to approve several items that represent Gov. Andrew Cuomo's vision for a revitalized Buffalo waterfront. The board endorsed the design of the HARBORcenter, a $170 million private sector investment, on the Webster Block, that builds off the excitement and success of ECHDC's Canalside and moved forward to light grain elevators and bridges along the waterfront. It also approved the design of the east canal at the former General Donovan State Office Building site. These efforts, along with ECHDC's accomplishments over the past several years, are spurring the first private investment in Buffalo's waterfront in more than 50 years.
"The projects approved today continue the great momentum and progress we have seen on Buffalo's waterfront under Gov. Cuomo's leadership," said ECHDC Chairman Robert Gioia. "The success at Canalside is a catalyst for nearly a quarter of a billion dollars in active development projects in and around Canalside that are spurring public/private partnerships, attracting visitors to Western New York and making the citizens of Buffalo proud of our rich history. The HARBORcenter will draw people from around the region and beyond, while the east canal and the lighting of our grain elevators represent increased attractions and activities for those visitors."
Based on the recommendations of the ECHDC's design committee and the City of Buffalo Planning Board, the ECHDC board found that the HARBORcenter project is consistent with the design guidelines established by the corporation as part of the modified general project plan for Canalside. The project, which will include the entire Webster Block, is envisioned as a mixed-use facility that physically connects to the First Niagara Center and provides a number of programmatic elements that will further enhance Canalside's status as a premiere downtown destination. The design guidelines and review process are intended to ensure that proposed development contributes to a dense, urbane, pedestrian-scaled development pattern and architectural themes consistent with Canalside development objectives.
The board also accepted the grain elevator and bridges visual master plan, final report as complete. Foit-Albert Associates and Ambiances Design Productions developed the comprehensive phased plan that will illuminate and activate grain elevators and bridges with light and video projections. ECHDC will commence the visual master plan with the following six projects:
▪Connecting terminal illumination
▪Connecting terminal show - concept plan
▪Skyway illumination
▪General Mills beacon
▪Michigan Street bridge
▪Ohio Street bridge
All of the recommendations will require future board approvals before they can be initiated.
The board also approved the design of the east canal, which is the second phase of development on the Donovan Block. The refined plan for the project involves connecting Main Street to Washington Street with a public space that evokes the memory of the Main and Hamburg Canal, yet terminates in a shaded grove of trees, while seamlessly blending into the development site to the north and south.
About Erie Canal Harbor Development Corporation
The Erie Canal Harbor Development Corp. is governed by a nine-member board consisting of seven voting directors and two non-voting, ex-officio directors. The seven voting directors are recommended by the New York state governor and are appointed by the New York State Urban Development Corp. d/b/a Empire State Development as sole shareholder of ECHDC. The two non-voting, ex-officio director positions are held by the Erie County executive and the City of Buffalo mayor.
As a subsidiary of Empire State Development, the state's chief economic development agency, the Erie Canal Harbor Development Corp. supports and promotes the creation of infrastructure and public activities at Canalside, the Ohio Street corridor and the outer harbor that are attracting critical mass, private investment and enhance the enjoyment of the waterfront for residents and tourists in Western New York. Its vision is to revitalize Western New York's waterfront and restore economic growth to Buffalo based on the region's legacy of pride, urban significance and natural beauty. For more information on ECHDC, visit www.eriecanalharbor.com.


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Avalanche 2, Stars 1
Paul Stastny scored two goals and Peter Budaj made 20 saves in
the Colorado Avalanche's 2-1 preseason victory over the Dallas
Stars on Tuesday night.
The Avalanche were on the power play when Stastny netted his
first goal at 11:50 of the first period. Brandon Yip came around
from behind the net and fired a shot that goalie Andrew Raycroft
blocked but couldn't control. The rebound came back out to Yip, who
pushed the puck back toward the net. There was another rebound that
Stastny got to and knocked past Raycroft.
It was the first goal of the preseason for Stastny, who had 20
goals and 79 points last season.
Stastny scored again at 16:51 of the second.
James Neal cut Dallas' deficit to 2-1 with 4:35 remaining.
Budaj, the backup to Craig Anderson, was solid throughout. He
turned away several solid scoring opportunities that the Stars
produced in the first period.
The Stars finally broke through with James' late power-play
goal. Dallas had another power play in the closing minutes and
pulled Raycroft with about 90 seconds remaining for an extra
attacker. Budaj stopped Dallas' best opportunity in the final
moments with a stick save of Adam Burish's slap shot from the
The Avalanche (2-3) and the Stars (2-2) will meet in another
exhibition game Thursday in Dallas.


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I. Copyright Protection for Databases in the United States
A. Before Feist
Databases, or "compilations," have been protected by copyright since 1790, when the first U.S. Copyright Act was enacted. As courts applied copyright law to compilations, two distinct rationales for protection emerged. One, known as "sweat of the brow," viewed the compiler's effort and investment as the basis for copyright protection. The other, which drew on late 19th and early 20th century case law exploring the nature of authorship in works generally, viewed the creativity and judgment of the compiler in selecting and arranging materials as the basis for protection.
Regardless of the rationale, courts gave compilations a broad scope of protection from unauthorized copying. Any copying from a protected compilation was generally held to be an infringement. Courts required a would-be competitor to go to the original sources and compile the material independently. Many cases contain statements condemning the conduct of copiers who "reap where they have not sown," and essentially use copyright law as a means of policing unfair competition.
The 1976 Copyright Act for the first time incorporated a definition of "compilation" that requires original selection, coordination or arrangement. Courts applying the new statute, however, remained divided in their treatment of compilations. Some circuits abandoned "sweat of the brow" in favor of a unified requirement of creative originality for all works. Others continued to apply "sweat of the brow" to compilations generally, or to directories specifically.
B. The Feist Decision
In 1991, the Supreme Court in Feist Publications v. Rural Telephone Service Co. rejected the "sweat of the brow" doctrine, holding that creative originality was required by the constitutional provision empowering Congress to enact copyright laws. To be copyrightable, a compilation must evince a modicum of creativity in its selection, coordination or arrangement. The Court held that the work at issue, a white pages telephone directory, was uncopyrightable because it lacked even this modicum of creativity. The Court also made clear that the scope of protection for compilations is "thin" because it covers only the original elements of a compilation's selection, coordination or arrangement.
C. Subsequent Judicial Interpretation of Feist
Most cases subsequent to Feist have found the compilations at issue to be copyrightable. The scope of protection afforded, however, has been narrow. A number of post-Feist cases have held that substantial takings from copyrightable compilations did not constitute infringement, either because the defendant's compilation differed in more than a trivial degree from the plaintiff's, or because any elements of selection, coordination or arrangement that were copied were found not to constitute creative authorship.
II. Database Industry Practices
Database producers, motivated by the limitations in the coverage of copyright law, have adopted three main strategies to protect against unauthorized use of their products: (1) enhancing copyright protection by altering the structure or content of their databases to incorporate greater creativity; (2) increasing reliance on contracts; and (3) employing technological safeguards to prevent unauthorized access and use.
Enhancing copyright protection may entail either adding copyrightable text or altering the selection and arrangement of the database to make it more creative, while contracts are a major source of protection for database producers.
Technological safeguards, while offering great promise to producers in supplementing legal protection for electronic databases, are still in the early stages of development and not yet in common use.
III. Copyright Office Registration Practices
The Copyright Office, as the government agency responsible for registering copyright claims in works of authorship, makes determinations of copyrightability on a daily basis, including for databases. In examining an application to register a database, the Copyright Office must determine whether it is a copyrightable "compilation" as defined in the Copyright Act.
The 1991 Feist decision gave the Copyright Office clear authority to reject works for which protection was claimed solely on the basis of "sweat of the brow." The Office revisited its examining practices for compilations and issued new guidelines in 1991. It concluded that most compilations would meet the standard of originality required by Feist. The guidelines did, however, require extra scrutiny for certain categories of compilations, including telephone directories. The Office continues to register most claims submitted for compilations.
IV. The International Context
A. International Treaties
Databases have also been the subject of attention in the international arena. Their status as copyrightable subject matter is guaranteed by the two major multilateral treaties relating to copyright: the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). The TRIPs Agreement requires World Trade Organization member countries to protect "compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations." A similar obligation is contained in the World Intellectual Property Organization (WIPO) Copyright Treaty concluded in Geneva in December 1996, which has not yet become effective.
B. European Database Directive
In March 1996, the European Union adopted a directive to the member states on the legal protection of databases. The directive must be implemented by member states in their national legislation by January 1, 1998.
The database directive covers compilations of data in any form, including hard-copy as well as electronic databases. It establishes a dual structure for database protection. One component is copyright protection for the structure of the database. The other is a new "sui generis" property right in the contents of the database.
The copyright portion of the directive seeks to harmonize the scope of copyright protection for databases throughout the European Union. It does so in two major respects. First, it sets a uniform standard of originality, protecting databases that, by reason of the selection or arrangement of their contents, constitute an author's own intellectual creation. This is a higher standard of originality than is currently employed in the United Kingdom, Ireland and the Netherlands, but lower than is generally found in Continental "author's right" systems.
Second, the directive establishes a uniform list of rights and exceptions to rights. These rights are reproduction, adaptation, distribution, and communication, display or performance to the public. Lawful users are permitted to engage in acts necessary for purposes of access to and normal use of a database's contents. Member states may also provide certain exceptions in their national laws for private copying, illustration for teaching or scientific research, use for public security or administrative or judicial procedures, or other traditional copyright exceptions. The exceptions may not, however, "unreasonably prejudice the rightholder's legitimate interests or conflict with normal exploitation of the database."
The sui generis right under the directive protects against unauthorized extraction or re-utilization of all or a substantial part of the contents of a database. It is similar to the Nordic countries' "catalogue rule," which provides a short term of protection against unauthorized reproduction of catalogues of information. Insubstantial parts are excluded from protection. The directive contains a list of exceptions that member states may adopt, similar to those permitted for copyright, and a general prohibition against users engaging in acts that "conflict with normal exploitation of the database or unreasonably prejudice the legitimate interests of the maker of the database." The term of protection is 15 years. Any qualitatively or quantitatively "substantial change," including one resulting from an accumulation of small changes, "which would result in the database being considered to be a substantial new investment," qualifies the resulting database for its own 15-year term of protection. The right is available only to database makers who are EU nationals or habitual residents. The EU has indicated that it will agree to extend protection to nationals of third countries only where the third country offers comparable protection to EU databases.
An early version of the directive included a compulsory license for sole source databases. As part of an overall compromise, this provision was deleted. The directive notes the important role of competition policy in the database area, and establishes a review procedure to determine the effect of the sui generis right on free competition.
One member state has already enacted implementing legislation; most others expect to meet the January 1, 1998 deadline.
C. Proposed WIPO Treaty
In 1996, proposals for a treaty on the protection of databases were submitted to the World Intellectual Property Organization (WIPO) by the EU and the United States. A draft treaty based on these proposals was prepared for consideration at the WIPO Diplomatic Conference held in Geneva in December.
The draft treaty proved controversial within the United States. It was never reached or discussed in substance at the December 1996 Diplomatic Conference. The general subject of database protection will be discussed at an informational meeting at WIPO in September 1997. The draft treaty itself is not scheduled to be the topic of debate.
V. Prior Congressional Consideration
In May 1996, Congressman Carlos Moorhead, then Chairman of the House Subcommittee on Courts and Intellectual Property, introduced H.R.3531, the "Database Investment and Intellectual Property Antipiracy Act of 1996." No hearings were held on the bill, and no corresponding bill was introduced in the Senate.
Similar concerns were expressed about H.R.3531 to those expressed about the proposed WIPO treaty. Many of the same groups urged that all interested parties be given an opportunity to provide input and that a thorough analysis of the issues be undertaken.
VI. Copyright Office Meetings
In order to obtain a better understanding of the issues, and to provide Congress with complete and balanced information, the Copyright Office scheduled meetings with a broad spectrum of interests. From March through June 1997, the Office held 16 meetings with groups or individuals with an interest in the subject of database protection, including representatives of the library community, science agencies and organizations, educational groups and database producers. The meetings were led by Marybeth Peters, Register of Copyrights, with the assistance of the Office of Policy and International Affairs. The Copyright Office made clear that it was working from a clean slate, rather than assuming that any of last year's proposals would be the starting point for congressional consideration.
The meetings indicated general agreement as to certain basic principles: (1) databases are vulnerable to copying, and adequate incentives are needed to ensure their continued creation; (2) individual facts should not be the subject of private ownership; (3) anyone should be free to obtain facts independently from original sources, even after they have been incorporated in a database; (4) government databases should not be protected; (5) it is important not to harm science, research, education and news reporting; and (6) "free riding" in the form of substantial copying for commercial, competitive purposes should not be permitted.
Some participants held strong views either in favor of new legislation or in opposition. In general, many members of the library and science communities, as well as some educational groups, telephone companies and Internet-related businesses, expressed opposition, while a majority of database producers advocated legislation. However, positions were not uniform within all of these groups. A large number of the participants in the meetings were undecided, or took neutral or intermediate positions.
VII. Issues
Most of the substance of the discussions at the Copyright Office meetings can be grouped under one of six topics: (1) as a threshold question (determining whether it is necessary to reach the other issues), whether additional legal protection for databases is needed; (2) what form it should take, whether a new form of property right or a tort concept closer to unfair competition; (3) how critical concepts such as "database," "substantial investment" and "substantial" or "insubstantial part" should be defined; (4) how it can be ensured that public interest uses of information are not harmed by new protection; (5) what should be the duration of any such protection; and (6) how "sole source" data should be handled. One additional issue would also need to be examined: what constitutional constraints may limit Congress' ability to legislate in this area.
A. Need for Protection
All agree that the proponents of a new form of statutory protection have the burden of establishing the need for such protection. Views differ sharply, however, as to the type and degree of proof required to satisfy this burden. The options propose d range from a threat of future harm to empirical data generated through broad-scale studies.
Much of the discussion in the meetings focused on whether the combination of existing sources of protection – copyright law, contracts, state misappropriation doctrine, trade secrecy, trademark law and technological safeguards – is sufficient to provide incentives to produce a wide variety of databases.
Proponents assert that it is not sufficient, based on the following analysis: Since the Feist decision, copyright protection for databases has been limited, and in a number of cases database producers have been unable to obtain relief from the courts against substantial, competitive copying. Trade secrecy is largely unavailable for databases made available to the public or exploited commercially. Trademark law protects only "brand name" databases and only against uses that involve the trademark and confuse the consumer as to the origin of the database. Contracts, while an effective means of protection, are not binding on third parties. Remedies for breach of contract may not be satisfactory, and contract law may differ in different jurisdictions. In addition, the scope of enforceability of database contracts is not well settled and has generated controversy. Misappropriation is not a well-defined doctrine and varies from state to state. As set out in recent case law, the doctrine has various shortcomings from a producer's perspective. Finally, technological measures can be a useful adjunct to legal protection for electronic databases, but they are still in early stages of development, are vulnerable to technological circumvention and do not prevent reuse of a database once it is available in accessible form.
Opponents believe that current copyright law is adequate and appropriate, as supplemented by other existing forms of protection. Some stress the fact that few databases have been held unprotectible, and view the scope of protection provided by the courts to be appropriate in light of the public interest in access to information. They see contract protection as highly effective, question the seriousness of the privity problem given the importance of timely updates for many databases, and note that Congress can consider the issue anew if the law on enforceability of contract terms develops in a different direction. They view the misappropriation doctrine as a strong means of protection, targeting the type of conduct most likely to cause meaningful commercial harm, while avoiding an impact on beneficial, public interest types of uses. They urge that Congress not step in prematurely, since the courts are so far interpreting that doctrine reasonably. Finally, they assert that technological protection has the potential to be extremely effective, easier and more economical to rely on than legal rights, and could make additional legal protection unnecessary as a practical matter.
One final aspect of the asserted need for new legislation relates to the international context. Proponents point to the recent EU database directive, which effectively conditions protection for non-EU databases on the availability of comparable protection in the given database's country of origin. They assert that as of 1998, when the directive's requirements take effect, their lack of sui generis protection will leave American database producers at a competitive disadvantage in Europe, one of their biggest markets. Opponents state that the United States should not follow Europe but should take the lead in establishing appropriate intellectual property policy, particularly in areas relating to the use of government data, where the U.S. approach has historically differed from that of many European nations. They assert that implementation of the database directive will leave U.S. producers no worse off in Europe than they are today and question predictions of a meaningful competitive disadvantage.
B. Form of Any New Protection
Two basic models have been proposed for the form of any new protection: (1) an exclusive property right; or (2) some form of unfair competition law, focusing on the nature of the conduct prohibited.
The choice between the two models has many ramifications. Depending on how it is drafted, an unfair competition model could obviate the need for definitions, for exceptions or for a defined term of protection. As to international consequences, an approach that differed significantly from the model of the European directive might not trigger reciprocal protection. Finally, the two models may have differing constitutional implications. Much would turn, however, on the precise delineation of either approach – how the scope of the rights is defined or what conduct is proscribed.
Proponents prefer the property rights model, in part because of the predictability and transferability of rights and the potential for serious damage to the market for a database even without the elements of competition or profit.
Among the opposing groups, and some neutral groups with specific concerns, there was a strong preference for the unfair competition model. A few participants sought as much specificity as possible and wished to avoid the uncertainty inherent in a general prohibition against conduct determined to be unfair.
C. Definitions
During the meetings, there was extensive discussion of the definitions used in the draft WIPO treaty and in last year's bill, particularly the definitions of "database," "substantial investment" and "substantial part," or its converse, "insubstantial part." In several of the meetings, concern was expressed about the vagueness of these terms and about the possible impact on news gathering and educational activities if protection is provided against the accumulation of a number of insubstantial parts. A few participants in the meetings suggested that some or all of the definitional questions could be avoided if an unfair competition model were chosen rather than a property rights model.
D. Public Interest Uses
Many participants identified certain activities with public interest elements that they urged should be allowed to continue without new restrictions on the ability to use data or new costs in doing so – primarily scientific, research and educational activities and news reporting.
Analytically, there are various ways in which this concern could be addressed. One possibility relates to the form of protection chosen; depending on how it is articulated, a statute based on unfair competition is likely not to cover many such activities. If a property rights model is chosen instead, the scope of the rights granted could be drafted so as to exclude such activities as appropriate.
The exclusion from protection of insubstantial portions of a database helps but does not fully resolve the problem. In some circumstances users such as scientists or reporters need to extract substantial portions or all of a database in order to analyze its contents and draw conclusions.
Another possibility would be to provide an explicit exception or exceptions to cover those activities that Congress decides should be permitted without the need to obtain authorization. This could be accomplished through a broad, general exception similar to the fair use defense in copyright law.
Finally, some have suggested the possibility of compulsory licenses for certain socially favored types of uses in order to ensure the availability of data at a reasonable price. This leads to the question of whether the marketplace can appropriately handle non-profit scientific and educational uses. Some databases are produced specifically for this market; others have both commercial and non-profit uses. Many database producers today engage in differential pricing. It is unclear whether enacting a new form of protection would alter this practice or tend to raise prices.
E. Duration
In theory, protection should last just long enough to provide adequate incentives by allowing a fair return on investment. The difficulty lies in determining how long that period is, devising a term that works across the board to encourage the production of all types of databases. The more difficult question is the extent to which changes made in a database, for example in the process of updating or verifying its contents, should result in a new term of protection. Proponents of legislation argue that the same policy justifications for providing incentives to create databases also apply with respect to incentives to keep existing databases comprehensive, timely and accurate. Concerns have been expressed, however, that the result could be perpetual protection; as long as a database continued to be updated, new terms of protection could attach ad infinitum.
F. Sole Source Data
In theory, the answer to many of the concerns that have been expressed about restricting the availability of data is that, regardless of what model of protection is chosen, the database producer would not own the data in itself. Anyone would remain free to obtain all of the same data from other sources.
Nevertheless, there are circumstances in which this answer alone may be unsatisfactory. When the data is not available elsewhere, the ability to prevent its extraction from the database may in effect amount to ownership of the data itself. The two prototypical examples of "sole source" data are (1) government data provided to a private producer on an exclusive basis; and (2) data generated by the database maker itself, such as telephone subscriber information. Unless the producer chooses to make such data freely available, it will not be possible for anyone else to obtain it independently.
A variety of mechanisms have been proposed to deal with sole source databases. Broadly categorized, they are exclusions from protection; compulsory licenses; and regulation through other bodies of law such as antitrust or industry-specific government oversight. A combination of these approaches could also be considered, allowing greater fine-tuning to the nature of the database and its market.
Finally, arguments have been made for special treatment of databases which are not literally sole sources, but may be the only economically feasible sources of particular data. This may be the case where the data requires substantial time and effort to obtain, or the database has a narrow niche market and no other producer has the resources or ability meaningfully to compete with a first comer. Such databases appear to present somewhat different policy questions than literally sole source databases. It is unclear whether granting new legal protection would change the nature of existing markets, either exacerbating a lack of competition or encouraging more.
G. Constitutionality
Two primary constitutional issues also require consideration: (1) possible constraints imposed on congressional power to legislate in this area by the language of the Copyright Clause and (2) First Amendment limitations.
1. Copyright Clause
The Copyright Clause imposes certain restrictions on Congress' ability to enact copyright legislation. Copyrights cannot be of indefinite duration, but can only be granted "for limited times." In addition, the Supreme Court in Feist held that Congress could not constitutionally provide copyright protection based on "sweat of the brow," but could only protect works of authorship embodying a modicum of creativity. The questions are then whether Congress can provide protection for "sweat" or investment without creativity under a different Article I power, most likely under the Commerce Clause, and whether any such protection must incorporate a limited term. The answers to these questions may depend on the form of protection that is chosen. If database legislation appears to be the equivalent of copyright under another name, but providing protection to uncopyrightable subject matter for unlimited times, the use of a different label and the recitation of a different constitutional basis will not alone be sufficient to save it. To the extent that the legislation promotes different policies from copyright, and does so in a different manner, it is similar to trademark law, and therefore seems likely to survive a constitutional challenge. The more the statute differs from copyright, the more likely it is to be constitutional.
2. First Amendment
The First Amendment must also be kept in mind in considering any new database protection legislation that may restrict the communication of facts. The courts have held that copyright law accommodates First Amendment values through the idea/expression dichotomy and the fair use doctrine. Depending on the model chosen and the formulation adopted for any database legislation, an explicit statutory provision clarifying that individual facts are not protected might assist in resolving First Amendment concerns. If individual facts remain free to be used for purposes of expression, there may be little need to copy a substantial portion of an entire database. To the extent that making a statement requires the use of more than a few facts, the form of protection and the nature and scope of the statutory exceptions would be highly relevant.


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5 Pumpkin Centerpieces
Nothing says Fall like pumpkins. If left un-carved, they last for months. In recent years, varieties other than the traditional big, orange gourds have become popular and aren't too difficult to find. Here are 5 fairly simple ideas to spruce up your holiday table.
Shown above the jump, from left to right
• 1 Miniature Pumpkin Wreath - this DIY wreath from Better Homes and Gardens pairs tiny white pumpkins and pistachios for an unexpectedly elegant combination.
• 2 Pumpkins in a Glass Jar - If you are a collector of glassware, Hooked on Houses shows us a great example of how to use a vintage jar to display mini pumpkins.
• 3 Mini Pumpkins on a Platter- The simplest centerpiece of them all, Modern Vintage Homemaking shows us that adding fall leaves to a few gourds in various colors can have a big impact with minimal effort.
• 4 Metallic Pumpkin Candlesticks - Spray painting these clearly isn't as green as the other options, but I have faith that our readers can find the most eco-friendly way to achieve a similar effect. Blissique took these mini pumpkins and painted them to match vintage candlesticks. To make them functional to hold candles, simply hollow out each pumpkin to suit the desired candle.
• 5 Pumpkin Trio Centerpiece - By clustering several pumpkins together and adding wire tendrils and marbled paper leaves, Martha Stewart makes this fall centerpiece look easy.
(Images: As linked above)


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Incumbent Senator Claire McCaskill (D-MO) is leading by 10 points over challenger Congressman Todd Akin, according to a Rasmussen poll released Thursday. This is the first time Senator McCaskill has led in the polls since May. She currently has 48 percent support to Akin's 38 percent.
The new poll shows the impact of explosive statements Congressman Akin made about rape this past Sunday. He claimed that "legitimate rape" does not usually lead to pregnancy. "First of all, from what I understand from doctors [pregnancy from rape] is really rare," Akin said to KTVI-TV. "If it's a legitimate rape, the female body has ways to try to shut that whole thing down. But let's assume maybe that didn't work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child." [Emphasis added]
Since the interview, many Republicans, including Presidential candidate Mitt Romney, Senator Roy Blunt (R-MO), and four former Missouri Senators, have urged Akin to step down from the race. He has refused to do so.
Other Republicans have made similarly incendiary comments since Akin's statements last weekend. Congressman Steve King (R-IA) commented that he had never heard of a child being impregnated from statutory rape or incest.
This attitude towards rape is not a new trend. Earlier this year, Idaho state representative Chuck Winder doubted a woman would know whether or not she had been raped stating "I would hope that when a woman goes in to a physician with a rape issue, that physician will indeed ask her about perhaps, her marriage, was this pregnancy caused by normal relations in a marriage or was it truly caused by a rape. I assume that's part of the counseling that goes on."
Incumbent McCaskill has a demonstrated pro-choice record and has supported many women's issues, including voting to reauthorize the Violence Against Women Act.
The Rasmussen poll was conducted by phone interview of 500 "likely" Missouri voters conducted August 22nd with a margin of error of +/- 4.5 percentage points.
Media Resources: Rasmussen Reports 8/24/12; Huffington Post 8/24/12; Opposing Views 8/22/12; New York Times 8/21/12; TPM 8/21/12; Politico 8/19/12; Feminist Daily Newswire 8/20/12
© Feminist Majority Foundation, publisher of Ms. magazine
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Hon. Vito C. Caruso
Hon. Vito C. Caruso was elected to the New York State Supreme Court in 1994 and has since had several of his more significant opinions published in "The Miscellaneous Reports."
He was appointed as Administrative Judge for the Fourth Judicial District in June, 2004 and continues to serve in that capacity in addition to his Supreme Court duties. The 4th Judicial District is comprised of the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, St. Lawrence, Saratoga, Schenectady, Warren and Washington and is the largest geographic Judicial District in the State of New York.
He is a member of the New York State Bar Association, Judicial Section, Schenectady County bar Association, a Board Member of the New York State Greater Capital Chapter of the National Italian American Bar Association and a member of the Association of Justices of the Supreme Court.
He has served on the Board of Directors of the Annie Schaffer Senior center in Schenectady and on the Board of Trustees of the Schenectady County Community College. Justice Caruso is a Past District Deputy of the New York State Elks Association, along with being a Past Exalted Ruler and Trustee of the Rotterdam Elks Lodge. He is also a Member of the Order of Sons of Italy, Lodge 321, the Rotterdam Knights of Columbus, a former volunteer firefighter with Rotterdam District 2 Fire Company and a former Chairman of the Schenectady County Republican Committee. Justice Caruso is proud to have been the first recipient of the Pro Bono Distinguished Service Award of the Legal Aid Society of Northeastern New York and is listed in the 10th Edition of "Who's Who in American Law."
Justice Caruso is the son of Leonarda and the late Pellegrino Caruso and was born in Boston, Massachusetts, on March 20, 1949.
He received a Bachelor of Arts Degree in Political Science and Economics from SUNY New Paltz and began his legal career in 1973, serving as law Clerk to Assemblyman Clark C. Wemple of Schenectady. He continued in that capacity until 1977, when admitted to the New York State Bar.
Justice Caruso has the distinction of being one of the last lawyers certified and admitted to the practice of law after reading for the Bar.
Prior to taking the Bench, Justice Caruso was a principal in the law firm of Wemple & Caruso, Counsel to the Town of Duanesburg, Counsel to the Minority of the New York State Assembly and Assistant County Attorney for the County of Schenectady.
Justice Caruso is married to Judith (Juracka) Caruso. They have one daughter, Mary Elizabeth, and reside in Rotterdam, New York. He is a communicant of St. Gabriel's Roman Catholic Church where he also serves as Eucharistic Minister.
Information about Justice Caruso is also available on the Judicial Directory.


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Definitions of tote
v. t. - To carry or bear; as, to tote a child over a stream; -- a colloquial word of the Southern States, and used esp. by negroes. 2
n. - The entire body, or all; as, the whole tote. 2
The word "tote" uses 4 letters: E O T T.
No direct anagrams for tote found in this word list.
Words formed by adding one letter before or after tote (in bold), or to eott in any order:
c - octet d - toted l - lotte m - motet motte totem p - petto r - otter rotte torte toter s - totes
Shorter words found within tote:
et oe tet to toe tot
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Main Site - :: Why Won't God Heal Amputees? ::
0 Members and 1 Guest are viewing this topic.
Learn Our History's latest film, One Nation Under God, celebrates and explains the crucial role that God has played in America's founding and development - and helps children understand how all of our rights and freedom come directly from God, not the government. It's a great way to help your children understand how God and the Holy Bible have influenced our world.
Why is it these folks aren't mormons???
As soon as I saw that douche bag Mike Huckabee at the top of the page I didn't go any further.
The scary thing is that a lot of people really believe that all our rights and freedoms come from a god. Never mind that it wasn't until the founding of the USA that anyone was willing to admit that people had natural rights in the first place - before then, it was all about the powerful having the rights.And it took a pack of secularists and deists to do it. If the current Republican Party had been in charge of the Constitutional Convention, the USA would have been a theocracy, and while it might have done well (after all, large unexploited continent with just a few million indigenous natives on it), most of those rights and freedoms they claim came from God wouldn't have ever come about.
Some estimate before Columbus there were probably around 30 million in the US alone.
I'm not quite sure what the issue is. Lewis and Clark and Jesus explored the west, Moses brought the Declaration of Independence down off the mountain top, John the Baptist fought in all the major Civil War battles and the Tower of Babel was somewhere in Kentucky. Mr. Ararat is in West Virginia, the Dead Sea was in what we now call Oklahoma, Pontius Pilot was originally from just outside of Boston and the tomb of Jesus is on display at the Smithsonian, where it should be.
Few million? I hope you're just referencing the 13 colonies. More like, for the whole of the US during that period to be around 10-15 million. Most Europeans (who did the casual survey and, perhaps, actually had been to the US) during that time period projected less than 3 million because, of course, white people (in their minds) are superior to all other races. Some estimate before Columbus there were probably around 30 million in the US alone.
The number I have been told is between 60-80 million.......in 500 years,near extinct....but not yet gone
Quote from: Nam on August 18, 2013, 07:22:20 PM Some estimate before Columbus there were probably around 30 million in the US alone.The estimate of the native population size varies greatly. Some estimate it to be closer to 200 million. We'll never know, of course, but it was substantial, and whatever it was, it was both accidentally and purposely decimated. The first Spanish explorers going up the Mississippi, and finding endless Indian farms and villages on both sides of the river, didn't know that the pigs that they were carrying with them for food carried diseases that would wipe out those populations. (The next group of explorers to follow that path, 13 years later, saw no signs of people, or at least no signs or large populations like earlier reported.) Later the U.S. Army knew damn well that they were handing out blankets infected with smallpox. California paid bounties on dead Indians until early last century. However you measure it though, none should have died, millions did. The large buffalo herds encountered by white explorers were apparently a byproduct of the diseases introduced by the early European explorers, which killed so many people and hence reduced hunting pressure on the animals, allowing herd size to explode. The same apparently goes for the Passenger Pigeon, which early settlers said flocked literally in the millions. The population of those birds too grew incredibly once the hunting pressures were taken off by the many Indian deaths. We Europeans really know how to f**k stuff up. But at least we are still upholding the tradition, weather and other-wise.None of which will be mentioned in the christian version of history. Even the secular historians seldom mention these things.
From my understanding, North America alone had 200-500 million, if adding South America closer to 1.5 billion.-Nam
Quote from: Nam on August 20, 2013, 08:52:13 PMFrom my understanding, North America alone had 200-500 million, if adding South America closer to 1.5 billion.-NamThe 200,000,000 figure I quoted, which I got from the book "1491", which was for both continents, was put forth by the author as being admittedly on the high end of current estimates when the book was written. So I've not heard the much larger numbers you are mentioning at all. That doesn't mean it isn't so, I've just never heard numbers that high. If you happen to have sources, I would be interested.Being as there were, by all estimates that I can find, fewer than half a billion people on the rest of the planet when Columbus made his voyage, (not counting native Americans), it seems unlikely, no matter how peaceful they generally were, that North and South American Indians populations by themselves would match or exceed the population of the rest of the world. But that is just me guessing.


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Andrew Hain is a successful high school student, who even lectures his classmates on occasion. He also works in the library. He's a hard working, happy 18-year-old.
But when Andrew was young, communication and behavior problems made his parents take him to a specialist. The diagnosis was Asperger's Syndrome, the highest functioning form of autism.
"It was tough," says his father, Phillip Hain. "As a parent, you have expectations for your child. You get the diagnosis that alters that, but you have to figure out what's going to happen and what his future is going to be like."
Back then, little was known about how to treat autism. But the Hains persevered, choosing speech and occupational therapists and a special therapist to stay with him when he first started school.
"My first year in a regular school was tough," says Andrew Hain. "I had a lot of trouble in a regular classroom, but then the next few years I've done perfectly."
His fellow students and teachers agree.
"He fits right in," says teacher Diana Jaynes. "He participates fully and I think the entire class enjoys his presence."
"He's very smart, very intelligent," says classmate Natalie Fazeli. " He always makes us laugh."
While Andrew may have flourished because he had a milder form of autism than some others and because of all the support he got, his parents feel the triumphs are his own.
"He's really an amazing kid in so many ways," says his mother, Susan Hain. "He's endearing to people which has really helped him. He's an inspiration to us because he's overcome things that he didn't even know he needed to overcome. He is still who he is, and that's the inspiration for us."
Andrew, who will graduate high school in just a few months, says what he's had to learn should be a lesson for us all.
"We all have our own different personalities," says Andrew. "We should not make fun of anyone else. Just be yourself and everything will work out fine."
For more information about Asperger's Syndrome and other forms of autism, click here.


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STOCKTON – Police have arrested several people in connection to a number of crimes, including a homicide last December.
STOCKTON – Police have arrested several people in connection to a number of crimes, including a homicide last December.
Police arrested Tyrone Sotolongo, 19, on suspicion of murder, attempted murder, conspiracy to commit a crime, gross negligent discharge of a firearm and street terrorism, police said. He is being held without bail at San Joaquin County Jail and is scheduled to appear in court at 1:30 p.m. Monday.
Sotolongo is suspected in a homicide on Dec. 2, when Eric Madison, 22, was shot in a drive-by shooting at Oak and American streets.
Police also arrested two other suspects on Thursday: Jerone Sotolongo, 19, on suspicion of weapons, drug and conspiracy charges, and Taneisha Ivy, 28, on suspicion of drug and conspiracy charges.
Police had also encountered Jerone Sotolongo shortly before 8 p.m. Dec. 29 during a traffic stop near South Commerce and Sixth streets. Inside the vehicle, officers found a stolen, loaded semiautomatic handgun and a high-capacity magazine, authorities said. Jerone Sotolongo was arrested along with Calvin Ratsavongsy, 18, and Jerry Kouiyoth, 21.


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Prague Open | 21 - 25 May 2014
Prague, Czech Republic, May 26, 2014 – Prague hosted four FIVB Beach Volleyball World Tour events before, but they were all men's Opens. This year the organizers staged a women's event for the first time, in honour of the Czech top team Kristyna Kolocova and Marketa Slukova, better known as Kiki and Maki in their home country.
For the 26- and 25-year old it felt like a huge responsibility to play in front of their home fans in the city they live in. In the end, everything worked out for them on one hundred percent. The Czech girls ended up on the podium with gold around their necks.
It was the first medal for the Czech pair, who made it to the final four only once before. But at the Berlin Grand Slam last year they missed out of the podium and finished fourth.
Kiki and Maki have been playing together on the World Tour since 2009. In 2012 they qualified for the London Olympic Games, where they finished 5th.
Last week, during the Prague Open, fans on FIVB's Beach Volleyball World Tour Twitter account @FIVBWorldTour posted their questions for the Czech duo. This is how they answered.
Q1: How do you look back on this tournament, apart from winning the gold?
Marketa: It was great that the weather was nice. We are also glad that people like this sport, came to watch our games. It is really a different match on centre court with their support.
Q2: Is playing at home an advantage?
Kristyna: The first game in the main draw was really hard for us, because we didn´t know what to expect from each other, what to expect from the centre court, and also what to expect from spectators. After we won the first game, we got used to it. The fans were really great. I did not even think it was stressfull. Maybe a little, you can get nervous about making mistakes in front of so many people. Fortunately, there was no game in which we played extremely bad.
Q3: What rituals do you have, if any? Do you have any good luck charms?
Marketa: The only thing I have is a ring on a chain, but we don´t have anything together.
Kristyna: This year we have actually been given two stuffed animals with signs on each of them saying Kiki and Maki. Also recently, my boyfriend gave me a stuffed hippo which I carry with me on our trips. However, these are the new things, we do not have anything longstanding.
Marketa: Our ritual is our regime. When we are travelling, Kristyna always sets the alarm clock, she has been doing that for ten years (laughing)!
Kristyna: Everytime during our matches, we sit on the bench in the same order. I always sit closer to the table. This is one of the things that I really abide by.
Q4: How long have you been playing together?
Kristyna: One hundred years! No, I am kidding. We have been playing together since we were 17 years old. So this is our tenth year.
Q5: Do you miss the Czech Republic when you travel?
Marketa: Yes! We would like to have more home tournaments. Kristyna: We are always looking forward to come home from our trips.
Q6: How do you relax after tournaments?
Marketa: We have Michaela Pachmanova, our own masseuse!
Kristyna: I like doing nothing. Massage, whirpool, sauna is also relaxing, but the best thing is to put my feet up, and do nothing. Moreover, I like to eat and sleep.
Marketa: I also like to do ordinary activities such as doing laundry, this is refreshingly normal if you imagine living out of your suitcase on the trips.
Q7: What are you going to do after your beach volleyball carrier?
Kristyna: Have kids! We know that beach volleyball will not ensure our future. We both have bachelor degrees, so we are aware about life after beach volleyball, but we are not able to say what job exactly.
Q8: Is there any place on earth that you would like to see?
Kristyna: Million places.
Marketa: For me, it would be New Zealand or Australia for example.
Kristyna: I would like to travel more across the United States. I have only been in LA, so the East Coast would be nice.
Q9: Don´t you get on each other's nerves?
Marketa: Sometime yes, but really not so often. We enjoy being together.
Q10: Is there anything that bothers you about playing beach volleyball?
Kristyna: I don´t like waking up early for the early games, which no one watches. Sometimes we play at 08.00, with no spectators, but the set up is like this. And you have to get up at 05.00! I really enjoy games on centre courts like here in Prague, where the matches are scheduled for the fans, who can come to cheer us on.
Q11: What lifts your spirit after a lost game?
Both: Simon! (Simon Nausch, their coach)
Marketa: After five years being together, he exactly knows how to make us feel better. He calms us down, encourages us and motivates us. In the case we are really down, he explains us that beach volleyball is still only a sport. He is our walking encyclopedia on solving problems. He always finds the right words to say.
Q12: How are the beach volleyball conditions here in the Czech Republic?
Marketa: Year by year, the conditions get better. For us the conditions changed significantly after the London 2012 Olympic Games. Following our success there, I think, our sport got more attention. People keep telling us that young athletes started to attend their beach volleyball camps.
Q13: For many kids you have became a role model. Do you realize that?
Kristyna: We attended an award ceremony, for the best volleyball player of the year. We won the award for the best beach volleyball team, and Petr Benes from the Czech Beach Volleyball Association told us that the kids see us as their role models. This delights me, because people don't realize this. Children always want our autographs, but if they also start to play volleyball because of us, that's great.
Q14: When and how did you get your nicknames Kiki and Maki?
Marketa: We went to the same elementary school which focused on volleyball. Kristyna and Marketa are long names and we were always together, so people started to shorten it. And after the 2012 Olympic Games almost everyone started to use it. Now, almost no one calls us Kristyna and Marketa anymore.
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25.05.2014 17:35:54
Kolocova and Slukova claim their first World Tour gold in home town Prague
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2014 FIVB Beach Volleyball World Tour ready for more highlights in record-breaking year


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LONDON — On one of Poland's best days on the tennis court, one of Poland's best players gave a shout-out to none other than ... America's Pete Sampras and Andre Agassi.
Hard to blame Jerzy Janowicz for that.
Truth is, apart from Wojtek Fibak, a wily doubles foe of John McEnroe's who made three Grand Slam singles quarterfinals in 1980, there aren't many luminaries to choose from on the list of Poland's greatest men's tennis stars.
"Yeah, it's unbelievable what's going on right now," Janowicz said after beating Jurgen Melzer 3-6, 7-6 (1), 6-4, 4-6, 6-4 at Wimbledon on Monday to become Poland's first men's Grand Slam quarterfinalist since Fibek.
Janowicz's next opponent: That would be Lukasz Kubot, whose five-set win over Adrian Mannarino ended minutes after Janowicz's victory, thus making him Poland's second men's Grand Slam quarterfinalist in 33 years.
Kubot celebrated by walking to the far end of the service line, then doing his own version of the can-can, high-stepping it across the court before falling into the arms of his coach and friends in the stands.
"My (coaches) told me that every time I'm going to play on the big courts, the big tournaments, big events, I should do the can-can after a win," Kubot said. "So I've had no other chances and I had to do it."
Janowicz, the 22-year-old who said he grew up wanting to be like Sampras and Agassi, will meet Kubot on Wednesday and the winner will become Poland's first men's Grand Slam semifinalist.
Keeping an eye on that one will be Agnieszka Radwanska, also from Poland, who won her own match, 4-6, 6-3, 6-3 over Tsvetana Pironkova of Bulgaria, to move to the quarterfinals and cap a great day for her country.
"They really have nothing to lose," Radwanska said. "For sure that will be very good match."
When Serena Williams lost, fourth-seeded Radwanska became the highest-seeded player left in an upset-strewn women's draw. She was a finalist here last year, so seeing her this far along in the tournament isn't such a surprise.
(Quick stat: Poland has three of the final 16 singles spots at Wimbledon this week. The United States? One: Sloane Stephens.)
The men are a different story.
Though Janowicz vaulted nearly 200 spots in the rankings when he made the finals at the 2012 Paris Masters — "I gave answer to this question about 58 times,'" he said when asked how that changed his life — this is only his fifth Grand Slam tournament. At 6-foot-8, he's advancing with the help of a serve that has topped out at 140 mph, the fastest of the tournament so far.
In his win over Melzer, Janowicz was hardly acting like a newbie, bickering with the umpire, at one point complaining after a call on the baseline: "The ball was so out. It's only one line! It's not complicated! One line!"
Afterward, he griped about the condition of Court 12, saying he slipped four times during his 3 hour, 12 minute match.
"I think this Court 12 is unplayable," he said. "Was really bad conditions today."
Kubot's court assignment for his match against Mannarino was even less plum.
They played on Court 14 — a court near a busy walkway that more fans breeze past than pay attention to. The match all the makings of a typical Monday showdown at the All England Club. The first Monday, that is, not the second.
Couldn't blame the schedulers for that.
Mannarino was ranked 111 and Kubot 130.
Kubot's career record before Monday's match was 90-106 and he hadn't been past the round of 16 in any tournament this year.
But things are changing quickly. After getting a walkover over Steve Darcis, the man who beat Rafael Nadal in the first round, Kubot won in straight sets over 25th-seeded Benoit Paire. He had 26 aces against Mannarino — 10 more than his big-serving countryman had in his five-setter — including 11 in the fifth set.
The 31-year-old Kubot said playing doubles, where he's enjoyed more consistent success, has put him on the court with a lot of the best players and prepared him for something like this.
"So I didn't feel surprised," he said of the feelings of being in a big match.
Next up, a meeting with Janowicz, his Davis Cup teammate who, back in 2006, was approached by the Qatari government, asking if he'd play for that oil-rich country.
"I actually said, straightaway, 'No,'" Janowicz said.
Why not? "Because."
Turns out, playing for Poland has served him quite well.
"You should go to Poland and see what's going to happen," Kubot said. "I think that tennis is getting very popular in Poland, and I'm happy and proud we can represent our country in these kinds of tournaments."


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15 Thoughts On 'The Great Gatsby' Soundtrack
"My life has got to be like this, it's got to keep going up. I've been in several things, I was in the drug business, then I was in the oil business but I'm not in either one, now you understand?" —Jay Gatsby (Leonardo Di Caprio), from the film The Great Gatsby
Billed as Music from Baz Luhrmann's Film The Great Gatsby, the new soundtrack to the latest re-imagining of F. Scott Fitzgerald's celebrated 1925 novel is already stirring up debate online and abroad. Is it a blatant cash grab led by executive producer Jay-Z or has Hov managed to oversee an engrossing release worthy of praise? VIBE presents 15 random thoughts on the music of The Great Gatsby.—Keith Murphy (@murphdogg29)


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Note: This pack also contains a compatibility update. Download prior to your next multiplayer match. Players with the same compatibility updates will be able to play together.
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text:
First, T-Mobile advertised "4G speeds". Then they unveiled the myTouch 4G. Now T-Mobile is ready to start promoting their new 21 Mbps, HSPA+ network as 4G, according to a report from our friends at TmoNews.
A tipster reported that retail stores began receiving promotional materials including brochures and signage which advertise T-Mobile as having "America's largest 4G network". The new network message is expected to begin in early November.
T-Mobile's HSPA+ network offers max download speeds of 21 Mbps, which are double Sprint's 4G WiMAX (10 Mbps). Those download speeds will double to 42 Mbps next year as the carrier continues to upgrade their network.
Right now T-Mobile sells the HTC G2 which offers speeds up to 14.4 Mbps and plan to launch the myTouch 4G on November 3rd.
The HSPA+ technology is also backwards compatible with 16 of T-Mobile's current 3G devices, which includes their entire Android lineup. Older HSPA devices cap out at 7.2 Mbps, but your aging G1 could still be pulling down faster download speeds than an EVO 4G if you are lucky to live in one of the markets which have received HSPA+.
Currently T-Mobile is offering HSPA+ speeds to around 100 million people, and they plan to bring it to over 100 major metropolitan areas and up to 200 million people by the end of the year.
To see if your city is on the 4G list visit T-Mobile's coverage map > Click the Network Speed tab > Scroll down and click "Check to see if the new network is in your city".
Features and benefits of T-Mobile's HSPA+ network include:
- Theoretical capability of peak download speeds of up to 21 mbps
- Theoretical capability of peak upload speeds of up to 5.7 mbps
- You don't have to buy a new phone to take advantage of the new network–many existing T-Mobile 3G phones and laptop sticks work too
- Runs on state-of-the-art fiber optic technology


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United Way 'BasketBrawl'
United Way of Marion County invites the public to watch the second annual "BasketBrawl" game between employees of Marion County Public Schools and local Publix stores at 7 p.m. on Wednesday at Forest High School, 5000 SE Maricamp Road, Ocala.
Admission is $5 for adults and $3 for students. Food will be available for purchase. All proceeds benefit United Way of Marion County.
For more information, call 732-9696.
FAAST training workshop is Nov. 30
The Florida Alliance for Assistance Services and Technology will present a free training workshop from 5:30 to 7:30 p.m. on Nov. 30 at the Courtyard Marriott Hotel, 3712 SW 38th Ave., Ocala.
The workshop will discuss individualized education, transition planning, reasonable accommodations and more.
Reservations are required.
For more information, call 1-888-788-6212, ext. 107, or email firstname.lastname@example.com.
Youth center seeks donations
The Mt. Canaan Community Youth Center at 450 SE 58th Ave., Ocala, is seeking donations for their Elizabeth I. Davis scholarship program and Christmas event, which has a goal of providing a safe, drug-free place for youth.
For more information, call 426-2134 or email firstname.lastname@example.com)
Santa calling will take place Dec. 4-6
Santa will call registered good little boys and girls between the ages of 3 and 7 from 6 to 8:30 p.m. Dec. 4-6. Children must be registered by Nov. 30.
Registration forms are available at the Recreation and Parks Administration Office, 828 NE Eighth Ave., Ocala.
For more information, visit www.ocalafl.org/recpark.
Scandinavian Club will meet on Dec. 8
The Scandinavian Club of Marion County will meet at 11:30 a.m. on Dec. 8 at the Ocala Hilton, 3600 SW 36th Ave., Ocala.
Guests are requested to bring donations for Toys for Tots and Interfaith Emergency Services.
The cost is $16 per person. Reservations and payment must be received by Dec. 5.
For more information, call 687-1580 or 861-1235.
Retired federal employees luncheon
Chapter 776 of the National Active and Retired Federal Employees Association will hold their annual Christmas luncheon at 11:30 a.m. on Dec. 10 at the Inverness Golf and Country Club, 3150 S. Country Club Drive.
Guests should bring new unwrapped toy for Toys for Tots
The cost is $18 per person. Reservations are needed by Nov. 30.
For more information, call 522-1923.
Community and calendar briefs for Nov. 23, 2012


text:
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Round Slip-On Furniture Protective Leg Tips, Gray Rubber, 1-1/8" Leg Outside Dia., 10PK
- Item # 16ZF60
- My Part #
- Mfr. Model # CTB 21G/W
- Catalog Page # N/A
Using 360° Viewing:
- Rotate: Use top-to-bottom, side-to-side by use of mouse arrow.
- Zoom In: Double click on image.
- Zoom Out/Reset: Put photo at full zoom & then double click.
CAD Downloads
- Shipping Weight 2.1 lbs.
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- Item Furniture Protective Leg Tips
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- Primary Furniture Tip Material Rubber
- Furniture Tip Cushion Material No Cushion
- Leg Outside Dia. 1-1/8"
- Dia. 1-1/8"
- Primary Furniture Tip Color Gray
- Cap Type Straight
- Height 1-15/32"
- For Use With Legs of Chairs, Canes, Crutches, or Other Equipment to Gain Traction and Protect Your Floors
- Standards ASTM D2000 M2AA606 Z1= Shore A 65 +/- 10 Z2=SBR
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Compliance and Restrictions
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|2010-06-17, 01:07
|Link #11181
I know this is a rapid jump from topics. But I'm wondering what people's thoughts are on Ep3 in general, and more in depth about the 2nd twilight thru the 10th. I have a solid idea that connects with all eps expect this one. I have multiple thoughts on this ep, but none are really that solid like the other eps, and in the end they are more like a shot in the dark. My other ideas are surrounded by clues and foreshadowing, but ep3's idea.... is not...
|2010-06-17, 01:13
|Link #11182
Mystery buff
Join Date: Jan 2010
Location: Gone Fishin!
I think the person who killed most of the people in episode 3 is Hideyoshi. Mainly because the murder method for Maria, Natsuhi, and Krauss looks like a man did it to me. I don't like the idea of Kyrie being a strangler I think she'd do something smarter.
|2010-06-17, 01:16
|Link #11183
|2010-06-17, 01:23
|Link #11184
Mystery buff
Join Date: Jan 2010
Location: Gone Fishin!
Well I guess if Eva killed Maria and told him about it he might use the same method she did (for lack of creativity). That's all I got though I don't think there are many clues about why they murder people the way they do in that episode. Or in any of the episodes for that matter. There have been a lot of different methods.
|2010-06-17, 01:33
|Link #11185
I think the reason strangling was used, was they didn't have any kind of weapon on them, and they didn't want the victims to call for help. I think the weapon used was something that has been mentioned to us.
My shot in the dark is Nanjo; using his stethoscope to strangle Natsuhi and Krauss, but that could be very wrong. Did they discribe the size of mark around their neck? I can't remember.
|2010-06-17, 01:39
|Link #11186
Back off, I'm a scientist
Join Date: Apr 2010
Location: In a badly written story.
Rosa has a scandal with Maria. Maria actually pushes Rosa, and Rosa slips, landing onto the spike. Maria just stands there giggling insanely after her dream that just involved killing Rosa a thousand times over. Person X, horrified at this strangles Maria out of fear before the demon kid.
With these two scenarios, more or less anyone can plausibly be person X, but Eva is my preferred pick for both.
|2010-06-17, 01:42
|Link #11187
|2010-06-17, 01:53
|Link #11188
Mystery buff
Join Date: Jan 2010
Location: Gone Fishin!
For the 2nd twilight most people go with Eva accidentally killed Rosa in anger and strangled Maria to shut her up.
For the rest as long as someone is faking it doesn't matter who killed who since there is no proclamation for the time of death here. Most people don't use them, but even Krauss and Natsuhi could've of killed Nanjo, and I guess the japanese fanbase used Natsuhi since that's what Erika's theory in episode 5 is based off of.
Could you list your hints for the murder methods though? I've been assuming that different methods meant different culprits.
|2010-06-17, 02:13
|Link #11189
It matters because something rapid is happening that doesn't really fit with Ep 1 & 2. Ep 1, 2, and 4 follow a similar pattern and reasoning, but ep3 is different.
Umm.. that is kind of hard to explain. Since it is more of a concept that is hinted at and not really solid points that I can bring up. Ahh I'm probably not making that much sense right now, but it is really hard to explain. But once you get it, it is really simple and explains a lot. Many strange questions that people have to thrown in new theories to answer, make sense. Most things just click together. Though it might not be right, though if it isn't it is one of the greatest red herrings ever! XD
I think it is more of a concept that can only be understood after figuring it out yourself. Sorry I can't really say much; it is a hard thing to kind of explain. But I will give you some hint into my direction of thinking.
Beatrice wrote these letters in bottles and sent them out; but most likely planted a bomb to destory the whole family; what for? What is the point of these impossible closed rooms; if a bomb is going to destory them?
My concept answers these questions and more. Sorry I couldn't really explain it well. Though like I said, my concept might not be right, but it is backed up by many hints and clues.
|2010-06-17, 02:23
|Link #11190
Still bad at Japanese
Join Date: Sep 2009
Spoiler for Culprit theory:
|2010-06-17, 02:26
|Link #11191
|2010-06-17, 02:31
|Link #11192
Back off, I'm a scientist
Join Date: Apr 2010
Location: In a badly written story.
The middle ground annoys immensely.
To be more specific about Rosa and Maria, here's a few interesting things to notice:
|2010-06-17, 02:43
|Link #11193
This also explains Beatrice's letters to the family and the murder choices. She is trying to get as many of them believing as possible before they die because of the bomb. She is trying to create almost impossible closedrooms to try and make the family believe that Beatrice is real, because the more people that believe the better chance the miracle will occur.
That is the bare bones of my thinking. I could go into it way more, but I really don't feel like it right now I want to varify a more solid ep3 answer before going into anything more detailed.
|2010-06-17, 03:04
|Link #11194
Back off, I'm a scientist
Join Date: Apr 2010
Location: In a badly written story.
I.e. if everyone believes, and then the mansion blows up anyway, what good those short few hours of believing remaining can be to anyone, what practical, emotional or spiritual purpose do they serve? Answer that plausibly and it will all click into place.
I have previously thrown out a suggestion that it may be that someone is trying to recreate Kinzo in Battler in the same manner as he does it to Beatrice in Ep6, and betting their life on Battler 'becoming Kinzo' and saving everyone, just like Battler bets his life on Beatrice regenerating and saving him in Ep6. This idea failed to gain any support.
|2010-06-17, 03:25
|Link #11195
|2010-06-17, 03:38
|Link #11196
Back off, I'm a scientist
Join Date: Apr 2010
Location: In a badly written story.
Mind you, that wouldn't be new, and is often cited as the motive for Shkanontice-based interpretations. Generally, such an interpretation is not well liked for the simple reason that such a belief implies heavy delusion if not simply insanity in whoever holds it, and involves holding up a contradiction. Namely, that magic doesn't exist, so you have to fabricate it, and that magic exists, so that all your fabrications are justified in the end.
P.S.: There's another hole in it, but that one is easy to plug. Namely, if I believe that with no unbelieving observers within range, Beatrice will be resurrected, and I believe in Beatrice, so am not an unbelieving observer, I don't need closed rooms. Killing everyone myself is perfectly fine and will achieve the same result quicker.
|2010-06-17, 03:44
|Link #11197
And I think we have been shown that Shannon has some mental problems. Talking to Beatrice all the time, and if it turns out that Kanon doesn't exist either, then that just proves she has even more problems.
|2010-06-17, 03:56
|Link #11198
Back off, I'm a scientist
Join Date: Apr 2010
Location: In a badly written story.
Generally, such an interpretation doesn't win against more normal motives in everyone's eyes even if you provide a forest of hints.
|2010-06-17, 04:07
|Link #11199
And explaining why Battler has to believe is easy. BatterxBeato; a happy ending for both Battler and the Golden Witch Beatrice that Shannon created to take away her feelings for Battler.
|2010-06-17, 04:13
|Link #11200
Mystery buff
Join Date: Jan 2010
Location: Gone Fishin!
Mind you that's not really off the wall. Quite a few people see Kinzo in Battler and not just in his looks, but also in his attitude. Then again they say the same thing about Rudolf and Krauss.
I suggested once that there might be a feud between the servants and some of the adults about which of the cousins they think should be the head. Didn't get much support either. Krauss seems to have put everyone in debt and the rest are not really better off. So if there is a distrust in the adults they might want someone fresh. Some may support Jessica being from the main family and some may support Battler or George. Battler probably gets support LATER though at the last minute since he kind of surprised people with his arrival.
@laserworm: I'd say that theory you have going is kind of typical of what people think of episode 3. Making everybody happy by beleiving in Beatrice to create a miracle though sounds more like a motive for Maria or Kumasawa rather than Shannon to me. Even Kanon mentions Beatrice more than Shannon does, and while I think she also believes in it she doesn't mention the legend herself very often. She kind of avoids it as a topic most of the time.
Last edited by Judoh; 2010-06-17 at 04:23.
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