text:
Fitch Bay Cemetery
Fitch Bay, Stanstead County, Quebec
This is not a complete listing of burials! The records below were provided by contributors to Cemetery Records Online. Total records = 12.
Contributor's Index:
Gustin, Abigail Wood, b. 1816, d. 1901, wife of Loren Gustin, [SB]
- [SB] Shirley Brendemuehl [email@example.com]
Gustin, Esther Kimpton, b. 1796, d. 1876, wife of Josiah Gustin, [SB]
Gustin, Geo., d. 1869, son of Loren and Abigail Gustin, [SB]
Gustin, Josiah III, b. 1821, d 1900, son of Josiah and Esther Gustin, [SB]
Gustin, Josiah, b. 1788, d.1865, son of Josiah & Margaret Wardner Gustin, [SB]
Gustin, Loren, b. 1817, d. 1878, son of Josiah and Esther Gustin, [SB]
Gustin, Lucy Ann Clefford, b. 1821, d. 1895, wife of Josiah Gustin III, [SB]
Gustin, Norman, b. 1829, d. 1886, son of Josiah and Esther Gustin, [SB]
Kimpton, Abigail Breck, b. 1847, wife of Rufus Kimpton, [SB]
Kimpton, Betsy Wait, d. 1863, wife of Rufus Kimpton, [SB]
Kimpton, Rufus, b. 1762, d. 1822, son of Ephraim and Hannah Kimpton, [SB]
Kimpton, Rufus, b. 1789, d. 1841, son of Rufus and Abigail Kimpton, [SB]
Canada Obituaries and Death Notices
- Obituary Records, 1690-Today - GenealogyBank.com
- Find Death Records in Newspapers, 1690-Today - GenealogyBank.com
- Newspaper Funeral Notices, 1690-Today - GenealogyBank.com


text:
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"Special Assessments" is part of the Citizen Services line of products, developed by Tyler Technologies.

subset: commoncrawl


text:
When Mike D'Antoni resigned last week, Kobe Bryant didn't seem to have much of a reaction.
While the Twittersphere was going nuts and everybody was sharing their opinion on the decision – including Magic Johnson – Bryant just tweeted out a video of him playing soccer.
So, the Black Mamba's appearance on Jimmy Kimmel Live! earlier this week was a golden opportunity for the whole world to find out what Kobe really thought about D'Antoni's departure.
Turns out he wasn't really all that bothered.
"Mike was dealt a really bad hand and dealing with all the injuries that he had … this is a tough place, man. If you're not winning, you're not gonna survive, man," Bryant told Kimmel, before delivering the knockout punch. "Honestly, I didn't care [whether D'Antoni stayed]."
It was widely reported that Bryant had no interest in playing for D'Antoni next season, and that's no surprise seeing as the two weren't exactly on speaking terms, with D'Antoni later describing his current relationship with Kobe as "professional," so there's a good chance that Bryant was secretly celebrating when his childhood idol resigned last week.
Either way, the D'Antoni saga is over now, so the focus should be on the future and bringing another championship to the city of Los Angeles.


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Ethical Questions Surround New At-Home HIV Test
This week an advisory panel to the Food and Drug Administration voted unanimously to recommend the approval of the first-ever rapid, over-the-counter, completely in-home HIV test. Though the FDA has approved other HIV test kits designed for at-home use in the past, those tests require a blood sample that must be sent in to a laboratory for development. The newly considered test kit — called the OraQuick In-Home HIV Test — simply requires a mouth swab and a 20-minute wait for results.
It's estimated that approximately one-fifth of the 1.2 million HIV carriers in the United States are unaware of their infection, and advocates of OraQuick say the test would provide a new and powerful attack against the American HIV epidemic.
Art Caplan, a regular guest on The Takeaway, discusses whether this test kit is a game-changer in the fight against HIV/AIDS and whether the kit's benefits outweigh the ethical holes facing home-testing. Caplan is a professor of bioethics at the University of Pennsylvania.


text: Show off a flattering look at the beach or pool with women's swimwear that suits your style and figure. Discover fun, flirty and functional swim fashions designed to make you feel comfortable and confident. Free Shipping, low price and high quality cheap womens swimwear here will make you surprised. You can discover a lot of cute, sexy, sweet, or casual style women's swimwear for you to update your wardrobe to have a happy beach experience.


text:
This page contains research databases purchased by the library and links to useful internet resources.
Super Search - Search multiple databases
Database Resources for: Health & Fitness
- AHFS Consumer Medication Information
- Alt. Health Watch
- Consumer Health Complete
- Health Source: Consumer Edition
- Health Source: Nursing/Academic Edition
- MedLine
MEDLINE provides authoritative medical information on medicine,nursing, dentistry, veterinary medicine, the health care system, pre-clinical sciences, and much more. Created by the National Library of Medicine, MEDLINE uses MeSH (Medical Subject Headings) indexing with tree, tree hierarchy, subheadings and explosion capabilities to search citations from over 4,800 current biomedical journals. Included are citations from Index Medicus, International Nursing Index, Index to Dental Literature, HISTLINE, SPACELINE, PREMEDLINE, AIDSLINE, BIOETHICSLINE, and HealthSTAR.
- NetWellness
NetWellness is a non-profit consumer health website that includes health news, extensive health reference works, health topics, and Ask an Expert.


text:
Majestic New York Mets Pink Infant My First T-shirt
You have to start your kids out young if you want to indoctrinate them to love your favorite sports team and what an adorable way to do it with this t shirt. So cute!
I have this shirt and it is great. Very comfortable.Tags: Clothes, apparel, shirts, baseballs, t-shirts, major league baseball, mlb, Mets, New York MetsAdded 9 Years Ago from Amazon.com
A replica jersey of Jackie Robinson's. A great piece of clothing for any dodgers fan to have.Tags: los angeles, baseballs, shirts, jerseys, Dodgers, Jackie RobinsonAdded 9 Years Ago from Amazon.com
A grey Dodgers replica jersey with Los Angeles across the chest in blue!Added 9 Years Ago from Amazon.com
A short sleeve red t-shirt with the team logo across the chest. Simple while at the same time getting the message across. A great shirt to wear daily in Los Angeles.
This ringer t-shirt is a quintessential look for the Mets fan in your life. The logo shows who is really going to make it in the race for the division.Tags: apparel, shirts, t-shirts, baseballs, mlb, major league baseball, New York Mets, Shea Stadium, MetsAdded 9 Years Ago from Amazon.com


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A famous Quidditch player (Seeker) from Italy, he was accused of transfiguring himself into Bonawentura Wójcik, a Seeker for the Polish National Team in the Quidditch World Cup 2014 tournament. That rumour only ceased when Volpi and Wójcik appeared together in front of journalists (Pm).
Luciano Volpi
Gender Male
Dates fl. 2000s
Species / Race Wizard
Profession Quidditch player (Seeker)
First Introduced Pm
From the Web
Writing by J.K. Rowling on Pottermore: History of the Quidditch World Cup
Screenshots of the Daily Prophet's coverage of the 2014 Quidditch World Cup: http://imgur.com/a/AXutv
Pensieve (Comments)
Tags: cheating competitions/competitors false accusations international match mystery teams tournaments unfair


text:
Nissan car, truck, or SUV enthusiasts have come to expect a certain level of fuel efficiency when driving their Sentra around town. While it's not hard to locate replacement parts for Nissan vehicles, these days only the absolute best are required to repair your automobile. Auto enthusiasts know that a sporty attitude is built into each Nissan, and understand that only top quality repair Sentra parts will suffice when your car or truck needs fixing. Obviously, you didn't buy your Sentra unless you knew that you wanted a variety of features and options and driver satisfaction both impeccably combined into one vehicle.
Without the properly working ignition timing system developed for the internal combustion engine, we would need an alternative like the turbine engines we find in jets. The fact that your Nissan Sentra has mechanically or electronically timed ignition means that it needs spark plug wires. The voltage necessary to detonate the air/fuel mixture effectively is transferred from your distributor or ECU in a specific order to the spark plug via your Nissan Sentra spark plug wires. Sometimes called lead wires, they consist of a carbon fiber core to conduct the current, a fiberglass barrier to protect against RFI and EMI, and rubber or silicone on the outside for insulation from the heat in your engine.
Make all your future car parts purchases at carpartsdiscount.com and save time and money on all your upcoming repairs. At Car Parts Discount, we have real customer support agents here with enough expertise to help you buy the correct Nissan Sentra part for your needs. When your Nissan needs a top quality replacement Spark Plug Wires, there's no need to trust any store other than the authority, Car Parts Discount. Nissan Sentra Spark Plug Wires parts for 2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, 1991, 1990, 1989, 1988, 1987, 1986, 1985, 1984, 1983, 1982 vehicles are available here... just click your year to find them.


text:
Stores »
major, major steal. this cross-body bag looks so pricey but isn't at all.
ladylike elegance with a pop of purplish blue bow and tassel for fun
We are a community of shoppers sharing our best finds from across the web.
© 2017 ThisNext, Inc. ThisNext is a member of BUZZMEDIA Entertainment, a division of BUZZMEDIA.


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text:
Thursday, June 22, 2017
"Bachelor in Paradise" – Or Contractual Hell?
An article on CNN Media posted on June 21 reads, in part: "A contract for the current season of 'Bachelor in Paradise,' which CNNMoney … has confirmed as authentic, provides a rare window behind the scenes of reality shows, in the 'Bachelor' franchise and beyond, revealing how they are able to manipulate 'reality' and create drama where none actually exists…." Shocker! More surprising, perhaps, is the extent to which the companies producing these types of TV shows seek to avoid liability in potential legal proceedings.
Whereas the "Bachelor in Paradise" contract requires participants to "refrain from unlawful behavior or harassment" and to acknowledge that the producers "do not encourage intimate or sexual contact with other contestants on the show," the contract also tries to free the producers from any responsibility if a contestant is injured, even if that injury comes from "unwelcome/unwanted sexual contact or other interaction among participants." Participants will also have to agree that the producers are not liable for almost anything that happens to them in the course of filming, whether they are injured, suffer emotional trauma, or catch a sexually transmitted disease.
Furthermore, the producers of the show can do nearly anything they want to the participants and their reputation, including filming them naked, airing the details of any part of the life they think is relevant, or flat out lying about them and things they have done. Nicole Page, a New York-based entertainment attorney with Reavis Parent, said that the contract means, from the producers' perspective, "I can basically take your image and do whatever I want with it and I own it and you have no recourse." Contracts like these are common in reality TV, she said. They "have been around since reality TV began," she added. Needless to say, should participants wish to pursue civil legal action, they will have to arbitrate.
Why would contestants want to agree to such far-reaching contracts? For their chance at 15 minutes of fame, of course. If a contestant tries to renegotiate the contract, plenty of other people are ready to take their place.
The contracts, however, may be so broad that they are not legally enforceable, according to one CNN/HLN legal analyst. Another commentator says that these contracts are "so one-sided it seems absurd, but this is the price people are willing to pay to be on television for whatever it is." "It's not a two-sided contract," the CNN/HLN attorney says. "A contract is supposed to be what they call 'at arms length,' which means there is leverage on both sides and it's freely entered into and freely negotiated. But this is clearly a contract that is one-sided."
With all due respect to the CNN/HLN attorney, the mere argument that the contract is "one-sided" is, of course, not very strong unless the contracting procedure reaches the level of unconscionability. Yes, this might be a "take-it-or-leave-it" type of contract, but those are, as we all know, also widely used in numerous other industries and companies where courts have upheld them. I think it highly unlikely that contestants on a famous TV show will prevail on an argument that their contracts were so one-sided as to reach the level of unconscionability under contract law. After all, the TV contestants really don't need to be on these shows at all; they choose to do so on their own free volition, typically for a rather vain chance at fame and fortune (I know that that is not a legal argument, but we all know what this would look like in court…).
Much worse are the alleged attempts by the companies to have the participants sign away their rights under criminal law. That they might very well not be able to do. "If the contract requires you to release any claims you have that you were sexually assaulted, which is a crime, then the contract may or may not be enforceable under the public policy of the state of California [where this contract was drafted]," said entertainment litigator Josh Schiller of Boies Schiller Flexner. "Law enforcement could get involved and bring charges ... would we want to enforce a contract that no one would be liable if they were filmed being sexually assaulted? That would create a real problem." No kidding. In other cases, contestants should closely consider what this type of deal really involves.
For the rest of us, we live in times when lines between fact and fiction are blurred significantly. It seems that an increasing amount of people are comfortable dismissing facts as "fake" when the converse is true. I've encountered that numerous times after the most recent presidential election myself, both in South Dakota and even "liberal California." In addition to the usual climate change denial in the Midwest, I encountered a "crazy cat lady" in Los Angeles the other day claiming that highly established Audobon studies and Smithsonian studies demonstrating how feral cats kill numerous birds and other small wildlife is "not true"! Sigh.
We should consider how we best teach our students to account for this new reality in contract and other law. I think we also need to increasingly point out to them that what they see in the media is not necessarily true. Granted, with reality TV shows, that is obvious, but I have had to undertake rather serious discussions with my own students recently about what "news" really is and what it is not! What we have taken as granted as law professors even in recent years may no longer be the case or may be changing.
June 22, 2017 in Celebrity Contracts, Current Affairs, Film, In the News, Television | Permalink | Comments (0)
Saturday, January 7, 2017
When the Break-Up of a Marriage Is Also a Breach of Contract
Photo Source: hgtv.com
The main reason I have cable these days, honestly, is because of my HGTV addiction. I like that the shows are so predictable and formulaic, which makes them low-stress. It's a habit I started years ago as a stressed-out lawyer in a law firm, when I needed to come home and watch something that didn't require thought, and it's kept me company as I transitioned into academia. And I'm apparently not alone in using it as comfort television.
I use HGTV a lot in my Contracts class as the foundation of hypotheticals (so much that I'm contributing a chapter to a book detailing how I use it) and so I'm always interested when there is a real-life HGTV contract problem...such as is happening right now with "Flip or Flop."
You might not be anxiously following HGTV shows, so let me tell you that the world was recently rocked (well, a small corner of the world) by the revelation that Christina and Tarek, the married couple with two young children at the center of the house-flipping show "Flip or Flop," were separated and/or getting divorced. And now come reports that HGTV has threatened them with a breach of contract action if their ongoing marital problems affect the filming of the show.
This is an example of the interesting issues that arise when your personal life becomes the equivalent of your contractually obligated professional life. Christina and Tarek no longer want to be married to each other, apparently, which is a stressful enough situation, without adding in the fact that their marriage is also the source of their livelihood. HGTV has a point that the show is less successful when you know that their personal life is a mess. The network was running a commercial pretty steadily through the holiday season where Christina and Tarek talked about their family Christmas, and every time I saw it I thought it was so weird and that they should pull the commercial. But that was clearly the advertising campaign HGTV had long planned for the show and it was probably costly for HGTV to change it at that point.
I am curious to see what the resolution of this is. I'm unclear how much longer Christina and Tarek were under contract for. They probably hoped to keep their separation quiet for as long as they could (they had, after all, kept it quiet for several months). But now that it's out in the open, we'll have to see how the parties recalibrate not just their personal but also their contractual relationships with each other. There is always a lot of talk about how "real" the shows on HGTV is. This situation is testing where our boundaries on "real" vs. "fake" actually lie.
January 7, 2017 in Celebrity Contracts, Commentary, Current Affairs, In the News, Labor Contracts, Teaching, Television, True Contracts | Permalink | Comments (1)
Monday, December 12, 2016
In Which Messy Handwriting Renders a Contract Ambiguous
If you've ever been in charge of taking care of a swimming pool, you know that it has a lot of moving parts and requires a working knowledge of chemistry and an adroitness at mathematics that is often lacked by those who become lawyers.* So I started reading this case because the first sentence told me it was about a swimming pool, but it's an interesting and fairly straightforward situation of contract ambiguity being resolved by extrinsic evidence. If you're looking for a recent case for your students to see this in action, this one might be it.
The case is Horizon Pools & Landscapes, Inc. v. Sucarichi, No. 01-15-01079-CV, out of Texas. Sucarichi entered into a contract with Horizon to install a swimming pool and spa. The dispute centered around the number of lights Horizon was supposed to install. Sucarichi alleged that Horizon was supposed to install three lights total: two in the swimming pool and one in the spa. Horizon maintained that it was supposed to install two lights total: one in the swimming pool and one in the spa.
The contract was ambiguous on this point. The contract was divided into many different sections. The relevant ones were as follows:
- A section reading "Lights(s)" [sic] with the handwritten notation "(2) L.E.D."
- A section reading "Pool Light" with a handwritten notation that was illegible
- A section concerning the spa reading "Light 100 watt."
The court found that it was equally plausible that the contract here required three lights total, with the first general light section referring to two in the swimming pool and the spa section referring to one, or that the contract required two lights total, with the first general light section giving just the total of lights to be installed between the swimming pool and the spa. The illegibility of the "Pool Light" section made this question impossible to resolve without looking to extrinsic evidence.
Horizon admitted that its salesman filled out the contract (including the illegible notation). Horizon also did not contest that its salesman told Sucarichi he needed to have two lights installed in his swimming pool. Sucarichi testified that he thought the contract provided for two lights in the swimming pool, based on the Horizon salesman's recommendation, and one light in the spa, for three total. He wrote as much in a letter to Horizon prior to the beginning of the court case, when he was trying to get Horizon to add the second light. Therefore, the court thought there was sufficient proof that the parties had agreed to install a total of three lights, with two in the swimming pool and one in the spa.
One of the lessons to take away: Make sure your contracts are legible!
*gross overgeneralization based on me and my frequent intense confusion when I try to take care of our family swimming pool. My talents lie elsewhere!
December 12, 2016 in Commentary, Recent Cases, Television, True Contracts | Permalink | Comments (0)
Monday, November 21, 2016
Top Gear, Grand Tour, Non-Competes--What Could Possibly Go Wrong?
My love for the British car show "Top Gear" over the past few years was deep and abiding, despite the fact that I am not interested in cars at all. Like most of the people I know, I watched Top Gear for the hosts, Jeremy Clarkson, Richard Hammond, and James May--a trio of men whose friendly and hilarious chemistry was, I thought, a little like capturing lightning in a bottle; it comes around so infrequently that it's striking when it does.
For a taste of what this version of Top Gear was like, please enjoy my personal favorite, one of the caravan episodes:
Or maybe you would prefer one of the boat-car episodes:
The Top Gear Wikipedia entry details that the show's popularity resulted in consistently high ratings, a waiting list for tickets to the stage-filmed portion of the show that numbered in the hundreds of thousands, and a Guinness World Record for the world's most widely watched factual television show.
There have been a number of high-profile Top Gear events over the years that I could document here, from Richard Hammond's terrifying crash while filming the show to the fascinating contractual dispute over the Stig, the show's famously anonymous racing driver, revealing his true identity.
But what I'm really focusing on in this entry is the fact that the Top Gear hosts have a new show, "The Grand Tour," that looks a whole lot like their old show, and it made me wonder what their contracts looked like.
The hosts left Top Gear over controversially. The BBC declined to renew Jeremy Clarkson's contract in March 2015, following an attack by Clarkson on one of the producers on the show (later the subject of a lawsuit that Clarkson settled for a hundred thousand pounds and a formal apology). The other two presenters, Hammond and May, also had contracts up for renewal and chose not to re-sign with the BBC, instead following Clarkson to Amazon, where the trio have launched a show called The Grand Tour.
I didn't know what to expect from The Grand Tour but it turns out to be Top Gear by a different name. Where Top Gear had a Stig, The Grand Tour has "the American" -- and they tell us who he is right off the bat, rather than get embroiled in that kind of controversy again. Top Gear had a segment called, simply, "The News"; The Grand Tour launched a similar segment called "Conversation Street." Top Gear had a segment called "Star in a Reasonably Priced Car"; The Grand Tour...well, you should watch the show for its take on that segment. This review does a nice job running down all the similarities between the old show and the new.
This all fascinated me from a contract perspective. I knew that Clarkson had previously co-owned the commercial rights to Top Gear. He sold them to the BBC in 2012 for fourteen million pounds. So, having given up those rights and left the BBC, Clarkson clearly couldn't keep making "Top Gear." But he is making a motoring show that is almost identical in every cheeky winking respect to the one he left behind (right down to a simple title highlighting a prominent "T" and "G").
I do think, from an IP point of view, the new show seems safe: they've been careful to avoid any trademarks and only seem to resemble Top Gear in the uncopyrightable idea level, i.e., being a playful show about cars. But I assumed that Clarkson, Hammond, and May had to have had a non-compete with the BBC, so I went looking for it, and I did find evidence that there was one. It apparently prohibited the three from presenting a competing car program for a period of two years. The two years aren't up yet, leaving lawyers to speculate that a conclusion was drawn that the non-compete only applied to terrestrial broadcast stations and not to Amazon's streaming Internet television. The entertainment industry is changing so quickly, it doesn't surprise me that the contracts are having trouble keeping up.
Surely the BBC would have preferred to keep Clarkson, Hammond, and May from kicking a rival car show into production so quickly, especially while the BBC's relaunched Top Gear has reportedly struggled. But apparently their contracts failed to give them sufficient protection to save them from the result.
I will leave for another day the issues of contracts made during the filming of Top Gear itself; like, for instance, the time Clarkson offered to save Hammond from a sinking boat in exchange for a bucket...that turned out to have holes.
And instead I will leave this entry with an acknowledgment that Jeremy Clarkson is a problematic and controversial figure who is not a stranger to making offensive statement. That's beyond the scope of this article about the BBC's contracts, but this review, I think, does a decent job of capturing the internal tension of a former Top Gear fan contemplating the new Grand Tour.
November 21, 2016 in Celebrity Contracts, Commentary, Current Affairs, Film Clips, In the News, Television, True Contracts, Web/Tech | Permalink | Comments (0)
Friday, October 14, 2016
Month-long TV Station Outage and the Duty of Good Faith
DISH Network sells satellite television packages to viewers nationwide. In 2014, its contracts with Turner Network Sales and FOX News Networks expired. DISH was not able to negotiate renewals with these stations for approximately one month. DISH Network also did not offer complaining subscribers any form of monetary relief for the interruptions with the result that subscribers that had selected packages including FOX and Turner TV filed a class action suit for breach of contract in spite of being able to access literally hundreds of other channels.
One of the issues on appeal before the Eighth Circuit Court of Appeals was whether DISH Network violated the duty of good faith and fair dealing by not providing those two particular channels in an uninterrupted manner. The court found that not to be the case.
The contract provided a Limitation of Liability Clause which, in relation to interruptions and delays, stated that "[n]either we nor our third-party billing agents … will be liable for any interruption in any service or for any delay or failure to perform, including without limitation … DISH Network's access to all or any portion of services…."
The covenant of good faith will "not contradict terms or conditions for which a party has bargained." Thus, said the court, the argument was precluded by the unambiguous terms of the agreement. "Courts must take care to ensure that we don't use the covenant as another means for substituting a different deal from the one the parties contemplated."
That makes sense. I can't help thinking how litigious our society can be in allowing suits such as the above to proceed that far. Does it really matter that one cannot get a couple of TV stations out of hundreds for a month? Is it worth burdening the court system such a matter?
On the other hand, DISH could also just have offered some sort of compensation to its customers. Cable TV is indeed very expensive these days, so the subscribers do have a point here.
Furthermore, Cable TV providers still refuse to unbundle services to an arguably sufficient extent. What about those of us who really truly only want to see a few specific stations? Why should we continually have to pay for a bunch of extra stations that we never watch? Until such unbundling become reality, arguments such as there being many other stations to choose from are arguably somewhat irrelevant.
The case is Neil Stokes; Craig Felzien v. DISH Network, L.L.C., 2016 WL 5746329.
October 14, 2016 in Current Affairs, Recent Cases, Television | Permalink
Wednesday, August 31, 2016
Ownership of Steve Harvey's Comedy Tapes Is Ambiguous
Ambiguous contracts can be a nightmare to untangle, especially twenty years later. A recent case out of the Northern District of Texas, Cooper v. Harvey, Civil Action No. 3:14-CV-4152-B (behind paywall), illustrates just that.
Steve Harvey, currently the host of "Family Feud," has been sued by Joseph Cooper over Harvey's attempts to curtail Cooper's use of performances Cooper taped at Harvey's comedy club in 1993. Cooper claims Harvey gave him permission to film the performances, paid Cooper to film them, and gave Cooper ownership of the videotapes and the right to use and display them. Since that time, Harvey and Cooper have had multiple disputes over the footage, most recently over Cooper's posting of some of it to YouTube.
Harvey disputes Cooper's claim. He says that he paid Cooper to tape the performances so that Harvey could use them "as study material," and that he never granted Cooper ownership or any rights in the videotapes. Harvey alleges that Cooper uses the video footage as a type of blackmail, essentially, knowing that Harvey might find the material on the videotape embarrassing to have made public.
This case isn't just he-said/he-said, in that there does appear to be an actual written contract between the parties, even if there is some debate whether or not Harvey ever signed it. At any rate, seeking summary judgment, Harvey argues that the written contract is ambiguous and that the court can therefore hear parol evidence as to whether the parties intended for Harvey to bargain away all of his rights to the work in question. Cooper, for his part, argues that the contract is unambiguous and that, according to its terms, bargaining away all of his rights is exactly what Harvey did.
The court agreed with Harvey that the contract is ambiguous in whether Cooper or the Comedy House was intended to own the videos under the contract. But, turning to the parol evidence, the court found that nothing Harvey had put forth shed any light on Cooper's intent in entering into the contract. Harvey provided an affidavit that he did not intend the contract to convey his ownership rights but that didn't resolve what the parties' intent was when they signed the contract in 1993. Therefore, the court denied summary judgment on the breach of contract claim.
Which seems like, in the end, this written contract is going to come down to he-said/he-said.
August 31, 2016 in Celebrity Contracts, Commentary, Film Clips, Recent Cases, Television, True Contracts, Web/Tech | Permalink | Comments (2)
Thursday, August 11, 2016
Contracting Against Your Dad Embarrassing You
Which is exactly what Australia's swimming sisters Bronte and Cate Campbell have tried to do. Apparently after their father gave a number of effusive interviews to the press, the sisters turned to contract law in an attempt to protect them from further such events. As this article reports, the sisters entered into a contract with their father in which he promised, "to the best of [his] ability," "not to embarrass [his] daughters on national television."
No word on what their father received in exchange for this promise.
August 11, 2016 in Current Affairs, Games, In the News, Sports, Television, True Contracts | Permalink | Comments (0)
Monday, July 11, 2016
Big Legal Issues Surrounding "The Little Couple"
Source: tvguide.com
The circumstances surrounding this lawsuit, LMNO Cable Group, Inc. v. Discovery Communications LLC, Case No. 2:16-cv-4543 (behind paywall), in the Central District of California, could be a television show in its own right.
LMNO, a producer of a number of reality television shows (most importantly for this case "The Little Couple"), allegedly found itself the victim of embezzlement by its accountant, who then later, according to the complaint, threatened to destroy LMNO's professional relationships unless LMNO kept quiet about the alleged embezzler and gave him $800,000. LMNO apparently refused to comply with this request, instead reporting the alleged embezzler to the authorities.
In the meantime, however, the accountant had evidently been in contact with Discovery Communications, whose station broadcasts "The Little Couple." LMNO alleges in this lawsuit that Discovery used the accountant's help to try to drive LMNO out of business by stealing "The Little Couple" from LMNO.
The alleged stealing of "The Little Couple" involved the alleged breach of a number of contracts between LMNO and Discovery about "The Little Couple." As usual with entertainment contracts, they're complicated, consisting of many amendments, and there's an implied contract angle as well. And, predictably, there are copyright and trademark implications, too.
According to the complaint, Discovery directly employs the actors in "The Little Couple," but the contract has a clause preventing Discovery from using these actors to produce shows without LMNO. Allegedly, that is exactly what Discovery is now attempting to do. Specifically, Discovery and LMNO had discussed making a special episode of "The Little Couple" set in Scotland and England. LMNO alleges that Discovery went ahead and filmed the episode without LMNO's involvement, in violation of an additional implied contract between them with regard to that particular episode. In addition, LMNO is alleging that Discovery's actions have breached the covenant of good faith and fair dealing and interfered with LMNO's abilities to obtain all of its benefits under the contracts.
It will be interesting to see how this all plays out. If you'd like to read more about the case, I found articles here and here.
July 11, 2016 in Current Affairs, Recent Cases, Television, True Contracts | Permalink | Comments (0)
Monday, April 25, 2016
Love It, List It, or Sue Over It
(Source: hgtv.com)
My love for HGTV is real and enduring. It started as a House Hunters addiction when I was a practicing lawyer looking for something mindless to watch when I got home at night and it has seriously spiraled out of control. I find something soothing about the formulaic nature of the shows; their familiarity is like a security blanket to me. And I've also realized that I've actually learned a lot about my taste. For what it's worth, I do feel like HGTV has made me think more about how I decorate my house, even if I can't afford a professional decorator.
So I gobbled up with interest every single article I could find on the recent "Love It or List It" lawsuit. If you don't know the show, it's one of my favorites for the snark between the competing real estate agent and designer. One half of a home-owning couple wants to renovate their existing home; the other half wants to give up and move away. Enter the "Love It or List It" team, showing the couple houses they could buy while simultaneously renovating their home. The theory is that the couple can then decide to love it, or list it.
I entertain no illusions about the "realness" of reality television (really, mostly I've learned from reality television that apparently an enormous number of people are tremendously good actors - while others are decidedly not), but this recent lawsuit attacks not just the "realness" of reality television but practically the *definition* of it: "Love It or List It," the homeowners accuse, were much more interested in making a television show than they were in renovating this couple's home. On at least some level, this lawsuit seems to be a challenge to what "Love It or List It" is: a television show or a general contractor.
As a general contractor, the homeowners weren't too happy with the show's performance. They allege shoddy work on their house, including low-quality product, windows that were painted shut, and holes big enough for vermin to fit through. (They also allege their floor was "irreparably damaged," although I think they can't possibly mean that in the true legal sense of "irreparably," because surely the floor can be repaired?)
It seems to me this is going to come down to the contract between the parties. What did "Love It or List It"'s production company promise? I would love to see what the contract said about the work that was to be performed, how that work was to be performed, and what the financial arrangements were (since part of the couples' allegations is that a large portion of their money was diverted away from the renovations). However, for some reason, I have had an incredibly difficult time locating a copy of the complaint (never mind the contract). None of the stories I've found linked to it, and I have had zero luck finding it through Bloomberg Law's docket search.
April 25, 2016 in Commentary, Current Affairs, In the News, Recent Cases, Television, True Contracts | Permalink
Friday, April 15, 2016
Gilmore Girls, Netflix, Derivative Works, and Contracts in a Changing Television Landscape
(image from IMDB)
Gilmore Girls fandom rejoiced when it was announced that the show would receive a revival on Netflix (and, even better, that it will include Sookie!). But, as often seems to be the case, developments that bring a fandom joy can come with legal entanglements. In this case, producer Gavin Polone's production company Hofflund/Polone has filed a lawsuit against Warner Bros., alleging breach of contract. The lawsuit, Hofflund/Polone v. Warner Bros. Television, Case No. BC616555 (behind paywall), was filed in the Los Angeles County, Central District, Superior Court of California.
The case revolves around the agreement between the parties concerning the original production of Gilmore Girls. The parties agreed, according to Hofflund/Polone, to provide Hofflund/Polone with "$32,500 for each original episode of Gilmore Girls produced in any year subsequent to 2003," along with some percentage of the gross and with "executive producer" credit. With the news of the recent Netflix revival, Hofflund/Polone allegedly reached out to Warner Bros. seeking compensation under the agreement. According to the complaint, Warner Bros. took the position that the Netflix version of Gilmore Girls is a derivative work based on the original series, and so therefore does not trigger compensation to Hofflund/Polone.
It's an interesting question that highlights one of the debates copyright scholars have: What, exactly, is a "derivative" work? Copyright owners have the exclusive right to reproduce their own works or works substantially similar to those works. They also have the right to produce derivative works based on those works, which, in the jurisprudence, has ended up using the same substantially similar standard to elucidate the "based on" language. Which means: what is the point of the derivative work right, if its standard seems the same as the reproduction right? This case has the potential to force confrontation with that problem: Where do we draw the line between infringement of the reproduction right and infringement of the derivative work right? When does a substantially similar work cross the line between reproduction and derivative work?
One thing that's been noted about the derivative work right is it tends to be talked about when there's some kind of change in medium or other kind of adaptation different from the original form (book to film, or translation from one language to another). The definition in the statute points us to that focus. Which raises the question: Is a Netflix revival more like a translation or adaptation of Gilmore Girls than it is like an exact copy of Gilmore Girls? Does this depend on how true it is to the original show?
The "television" landscape has shifted dramatically since Gilmore Girls premiered. It'll be interesting to see how contracts formed pre-Netflix-and-Amazon-production-era function going forward.
April 15, 2016 in Celebrity Contracts, Commentary, Current Affairs, In the News, Recent Cases, Television, True Contracts | Permalink | Comments (1)
Wednesday, March 2, 2016
The "Bare Necessities" of Continuous Accrual
This case out of California, Gilkyson v. Disney Enterprises, Inc., B260103, involves the song "The Bare Necessities," which, as you can see from the above, is readily available on YouTube. The song was written by Terry Gilkyson (this might come up in a trivia competition someday, you never know). His adult children are the plaintiffs in this case.
In the 1960s, Gilkyson wrote several songs for Disney pursuant to a work-for-hire contract under which Disney was deemed the author and owner of the songs and Gilkyson was paid $1,000 per song together with ongoing royalties for certain licensing. The contract specifically excluded royalties for use of the songs in "motion pictures, photoplays, books, merchandising, television, radio and endeavors of the same or similar nature." Disney has paid royalties on the song to Gilkyson and his heirs but Disney has never paid royalties for use of the songs in any audiovisual medium, including DVDs. The Gilkyson heirs disagree with Disney's interpretation of the contract and believe that they are entitled to royalties for use of the songs on VHS tapes and DVDs. Disney argues that the four-year statute of limitations on breach of contract actions bars all of the Gilkysons' claims, because all of the VHS tapes and DVDs complained about were first issued sometime prior to 2007. Therefore, according to Disney, Gilkyson should have brought this claim by 2011, not, as it did, in 2013.
Disney loses this argument, however, based on the continuous accrual doctrine: "[E]ach breach of a recurring obligation is independently actionable." Basically, California law interprets the contract with Disney as being divisible, with each breach of that contract actionable and subject to its own statute of limitation period. Therefore, the court concluded that the Gilkysons could seek recovery of the royalties that were due for a period beginning four years from the filing of their complaint (so, from 2009 onward). According to this court, the California state court jurisprudence on this appears to be clear (although note that, at the trial court level, this case was dismissed without applying the continuous accrual doctrine). Disney pointed to a Central District of California case from 2001 that rejected the plaintiff's continuous accrual doctrine argument, but this California state court noted that it did so without any citation to any California case and that this court disagreed with that case's conclusion.
So it's on to the next step for these parties: fighting over the interpretation of the contract. Or settlement.
March 2, 2016 in Film, Film Clips, Music, Recent Cases, Television, True Contracts | Permalink | Comments (0)
Saturday, December 5, 2015
Contract Issues in "Doctor Who"
As we get ready for the season finale tonight, I thought I'd bring up the fact that a major story point of "Doctor Who" recently revolved around a matter of contract law.
If you watched the episode "Face the Raven," then you know that the Doctor's companion, Clara, found herself in mortal peril when she agreed to be marked for death instead of her friend Rigsy. Ashildr, the immortal woman who'd caused the whole problem, looked at Clara mournfully after being told of the substitution. She could have broken the contract for Rigsy's soul, she explained, but she couldn't break the contract for Clara's soul. Poorly phrased, at first this made no sense to me. I understood it as Ashildr being willing to breach the contract on behalf of Rigsy but not on behalf of Clara and I was annoyed (because I've always been very fond of Clara).
However, upon reflection, I think I've realized what they really intended: Ashildr and the deadly raven entered into a contract by which the raven would receive Rigsy's soul. Ashildr had the right to terminate this contract with notice to the raven (and that notice could take the form of Rigsy's willing transfer of the death mark), but she did not have the right to alter the terms of the contract to substitute anyone else for Rigsy. If she terminated the contract, the raven was free to carry out its death sentence on whoever carried the mark. When Rigsy transferred the death mark to Clara, he apparently voided the raven's contract with Ashildr to kill Rigsy. Which meant that Clara's death mark had no contractual implications: neither Ashildr nor Rigsy were involved with it or could affect its meaning in any way. Clara was outside of the realm of contract law. So I think we were truly meant to believe that Ashildr was powerless to fix Clara's situation, because all of the power she'd received under the contract had been terminated.
I think.
I am such a joy to watch "Doctor Who" with, as you can see. And after I went through all this analysis for my friends' benefits, they pointed out to me that this was an alien contract and who knows what alien contract law looks like. I wonder if alien contract law requires consideration...
December 5, 2015 in Commentary, Television | Permalink
Monday, November 9, 2015
Is Steve Irwin Really Dead?
California takes its laws against minors contracting seriously. Very seriously. Dancing with the Stars favorite Bindi Irwin, daughter of "Crocodile Hunter" Steve Irwin, must prove that her father was really killed in 2006 in order for her to get the earnings from the popular dancing show. So far, Bindi Irwin has allegedly presented "insufficient proof" that her father has waived those earnings. This despite worldwide shock that the beloved wildlife TV show stars was killed in a freak accident by a stingray in 2006.
California law requires underage entertainers to get court approval of their contracts to avoid the rampant abuses of minors in the industry of yesteryear. Parents of minors must now sign a quitclaim waiving any rights to the child's earnings. Bindi's mother, Teri, has already signed, but Steve has not, for obvious reasons.
The show's owners, BBC Worldwide, is working with the court to work out the situation.
Under her contract with BBC, Bindi earns a guaranteed salary of $125,000 as well as weekly sweeteners for each week she stays on the show. So far, Bindi has done very well, even earning top scores one week. The shows airs on Monday nights on ABC.
November 9, 2015 in Celebrity Contracts, In the News, Labor Contracts, Television, True Contracts | Permalink | Comments (0)
Sunday, August 2, 2015
The Legal War on Traditional Cable Companies Continues
Remember Aereo, the company trying to provide select TV programs and movies using alternatives to traditional cable TV programming? That company went bankrupt after a U.S. Supreme Court ruling last year.
A federal court in Los Angeles just ruled that online TV provider FilmOn X should be allowed to transmit the programs of the nation's large broadcasters such as ABC, CBS and Fox online, albeit not on TV screens. See Fox Television Stations, Inc. v. FilmOn X, LLC, in the U.S. District Court for the Central District of California, No. 12-cv-6921. Of course, the traditional broadcasters have been aggressively opposing such services and the litigation so far. Recognizing the huge commercial consequences of his ruling, Judge Wu certified the case for an immediate appeal to the Ninth Circuit Court of Appeals.
Said FilmOn's lawyer in an interview: "The broadcasters have been trying to keep their foot on the throat of innovation. The court's decision … is a win for technology and the American public."
The ultimate outcome will, of course, to a very large extent or perhaps exclusively depend on an interpretation of the Copyright Act and not so much contracts law as such, but the case is still a promising step in the direction of allowing consumers to enter into contracts for only what they actually need or want and not, at bottom, what giant companies want to charge consumers to protect income streams obtained through yesteryear's business methods. Currently, many companies still "bundle" TV packages instead of allowing customers to select individual stations. In an increasingly busy world, this does not seem to make sense anymore. Time will tell what happens in this area after the appeal to the Ninth Circuit and other developments. Personally, I have no doubt that traditional broadcasting companies will have to give in to new purchasing trends or lose their positions on the market.
August 2, 2015 in Current Affairs, E-commerce, Famous Cases, In the News, Legislation, Television, Web/Tech | Permalink | Comments (0)
Friday, July 3, 2015
Weekly News Roundup
Late night comedians everywhere celebrated when Donald Trump (pictured) announced his candidacy for President. We too are grateful for the blog fodder. Politico reports that the Donald is suing Univision over its decision to withdraw from a five-year $13.5 contract to broadcast the Miss USA and Miss Universe Pageants, which Trump co-owns. As Time Magazine reports here, NBC has also backed out of airing the Miss USA Pageant, and several people involved have also given the Donald their notice. Trump's partners were upset by statements he made as part of his Presidential campaign that disparaged Mexico and Mexicans. Never fear, the pageant will still be broadcast on Reelz (whatever that is).
Meanwhile, London's The Guardian reports that Harvey Keitel is suing E*Trade for withdrawing from a commitment with Keitel to feature him in a series of three commercials for $1.5 million. According to The Guardian, E*Trade really wanted Christopher Walken for the spots. It was willing to settle for Keitel, until Kevin Spacey became available. E*Trade offered Keitel a $150,000 termination fee, but Keitel says that's not enough.
Students are often astonished that major corporations sometimes operate through informal arrangements such as letters of intent. The fact that they do -- and that they can get in trouble by doing so -- is illustrated in Belfast International Airport's (BIA) attempt to enforce a letter agreement with Aer Lingus. As reported by the BBC, BIA read the letter as embodying a ten-year commitment from Aer Lingus to fly out of BIA. The court found that the agreement merely covered pricing should Aer Lingus continue to fly out of BIA for ten years. Aer Lingus decided to switch to Belfast City Airport, claiming that its arrangement with BIA was no longer financially viable.
July 3, 2015 in Celebrity Contracts, E-commerce, In the News, Television, Travel | Permalink | Comments (0)
Monday, February 23, 2015
Contract Modifications – Differing Standards for Pop Stars?
2012 American Idol winner Phillip Phillips has lodged a "bombshell petition" with the California Labor Commissioner seeking to void contracts that Phillips now finds manipulative, oppressive, and "fatally conflicted."
Before winning season 11 of "American Idol," Phillips signed a series of contracts with show producer "19 Entertainment" governing such issues as his management, recording and merchandising activities. These contracts are allegedly very favorable to 19 Entertainment, for example allowing the company as much as a 40% share of any moneys made from endorsements, withholding information from Phillips about aspects of his contractual performance such as the name of his album before it was announced publicly, and requiring Phillips to (once) perform a live show once without compensation. 19 Entertainment has also lined up such gigs for Phillips as performing at a World Series Game, appearing on "Ellen," the "Today Show," and "The View."
It is apparently not unusual for those on successful TV reality shows to renegotiate deals at some point once their career gets underway. Phillips claims that he too frequently requested this, but that 19 Entertainment turned his requests down. Can he really expect them to agree to post-hoc contract modifications?
Very arguably not. Under the notion of a pre-existing legal duty, a party simply cannot expect that the other party to a contract should have to or, much less, should be willing to change the contractually expected exchange of performances. This seems to be especially so in relation to TV reality shows where the entire risk/benefit analysis to the producer is that the "stars" may or may not hit it big. For hopeful stars, the same considerations apply: their contracts may lead them to fame and fortune… or not. That's the whole idea behind these types of contracts. Of course, if industry practice is to change the contracts along the way and if both parties are willing to do so, they are free to do so. Otherwise, the standards for contractual modifications are probably the same for entertainment stars as for "regular" contractual parties.
Another issue in this case is whether an "agent" is a company or a physical person. Under the California Talent Agencies Act ("TAA"), only licensed "talent agents" can procure employment for clients. Phillips is attempting to apply the TAA to entertainment companies like 19 Entertainment. If Phillips is successful, the ramifications may be significant for the entertainment industry in which companies very often negotiate deals with performers without taking the TAA into account. In Citizens United v. Federal Election Commission, the United States Supreme Court famously gave personal rights to corporations, albeit only in the election context. Time will tell how California looks at the issue of corporate personhood and responsibilities in the entertainment context.
Adjudications under the controversial TAA are notoriously slow and could leave contractual parites in "limbo" for a very long time. Time and patience is not what Hollywood parties are known to have a lot of, so stay tuned for the outcome of this dispute.
February 23, 2015 in Celebrity Contracts, Current Affairs, In the News, Legislation, Television, True Contracts | Permalink | Comments (0) | TrackBack (0)
Monday, February 16, 2015
Your Smart TV May Be Engaged in Intelligence Work
Back in 2013, we mused about the seeming disconnect between public outrage at NSA data mining and the lack of comparable outrage with respect to private data mining. Nancy Kim and I have been writing in this area, and a recent report in the ABA Journal provides additional fodder for our scholarship.
One of the things that makes television's "smart" these days is that they have the ability to respond to voice commands. If you have this feature on, the television transmits your information to a third party, according to Samsung. If you turn the voice recognition feature off, your television still gathers the data but it does not transmit it.
Over at Salon, Michael Price gives us reasons why we should be afraid of our smart tvs. Having reviewed his television's 46-page privacy policy, Price concludes that it has the capability to collect a staggering amount of data. One could turn off the television's "smart" features, but that can affect your television's ability to do some of the things you bought it for. Just as we cannot choose which channels the cable providers send us, we can only choose from packages, we apparently cannot choose to have a television with some "smart" features unless we are willing to invite Big Brother into our living rooms.
February 16, 2015 in About this Blog, Commentary, Television, Web/Tech | Permalink | Comments (1) | TrackBack (0)
Thursday, November 27, 2014
Thanksgiving Feast: Meredith Miller Top Ten List
This is a rather unconventional list. I have just gone back into our archives and picked out one my favorite Meredith posts from each of the ten years since she started blogging here. It's amazing how well I remember each of these posts!
Meredith Vintage 2014: John Oliver and Sarah Silverman Tackle Payday Loans
Meredith Vintage 2013: Breaking: Bieber Requires NDA of Guests in His Home
Meredith Vintage 2012: Markets on the Mekong
Meredith Vintage 2011: Don't Buy This: 'Tis the Cyber Season of Reverse Psychology
Meredith Vintage 2010: A Hairy Breach of Contract Suit against Paris Hilton
Meredith Vintage 2009: Can Mad Men Bring Sexy Back to Contracts?
Meredeith Vintage 2008: Brown on Halloween, Promises & Signed Documents
Meredith Vintage 2007: Law Prof Takes on Cell Phone Company
Meredith Vintage 2006: British Court Must Watch Jerry Springer Show
Meredith Vintage 2005: The Commonality of Computers, French Fries and Arbitration
It was hard to make these choices. Lots of competition in the Meredith archives!
November 27, 2014 in About this Blog, Celebrity Contracts, Television, Travel | Permalink | Comments (1) | TrackBack (0)
Thursday, November 20, 2014
Styl'n at the International Commercial Arbitration Moot
In a couple of previous posts I've described the International Commerical Arbitration Moot (ICAM) and detailed some aspects of this year's problem. None of this is news to the contracts, sales, and arbitration professors around the country who are involved in this activity. Still I am surprised at how many schools do not have teams. I have also noted the possible use of the yearly ICAM problem as a source or inspiration of exam questions.
For professors who are interested in starting a team there are many things to consider other than substance. These involve selecting and preparing a team. Here at Florida this means trimming a class of 30 or so hopeful students down to a team of 4 to 6. It is a complicated task. We try as much as possible to hold try outs that resemble the actual competition in Vienna. Other coaches know that the ICAM competition requires students to know the facts and law with precision and to have certain mannerisms that the mainly European judges find appealing. For example, speaking slowly is critical since many if not most judges will have English as a second language. Also, the closer the English spoken is to British English, the better. Why? Most of the arbitrators will have learned English abroad. The use of virtually any slang means you should move up your departure date from Vienna because you will not go far in the competition. "Gonna" must be "going to." "Wanna" must be "want to." No "big bucks." No "you guys." etc. If there such a thing as an eloquent yet casual style, that seems to work best. Yes, theater is involved and the coaches are directors as much as teachers. Even "costumes" seem to count. I watched a rather uncomfortable session in which an arbitrator dressed down a competitor who had, well, "dressed down" by not having the top button of his shirt buttoned. I think most coaches would agree the competition starts when the students arrive at the U.S. departure airport because from that point forward they may be rubbing shoulders with the arbitrators they will encounter in Vienna.
November 20, 2014 in Contract Profs, Film, Miscellaneous, Television, Travel | Permalink | TrackBack (0)
Wednesday, July 9, 2014
Aereo Loses in Supreme Court and so do Consumers – for Now
By Myanna Dellinger
Recently, I blogged here on Aereo's attempt to provide inexpensive TV programming to consumers by capturing and rebroadcasting cable TV operators' products without paying the large fees charged by those operators. The technology is complex, but at bottom, Aereo argued that they were not breaking copyright laws because they merely enabled consumers to capture TV that was available over airwaves and via cloud technology anyway.
In the recent narrow 6-3 Supreme Court ruling, the Courts said that Aereo was "substantially similar" to a cable TV company since it sold a service that enabled subscribers to watch copyrighted TV programs shortly after they were broadcast by the cable companies. The Court found that "Aereo performs petitioners' works publicly," which violates the Copyright Act. The fact that Aereo uses slightly different technology than the cable companies does not make a "critical difference," said the Court. Since the ruling, Aereo has suspended its operations and posted a message on its website that calls the Court's outcome "a massive setback to consumers."
Whether or not the Supreme Court is legally right in this case is debatable, but it at least seems to be behind the technological curve. Of course the cable TV companies resisted Aereo's services just as IBM did not predict the need for very many personal computers, Kodak failed to adjust quickly enough to the digital camera craze, music companies initially resisted digital files and online streaming of songs. But if companies want to survive in these technologically advanced times, it clearly does not make sense to resist technological changes. They should embrace not only technology, but also, in a free market, competition so long as, of course, no laws are violated. We also do not use typewriters anymore simply to protect the status quo of the companies that made them.
It is remarkable how much cable companies attempt to resist the fact that many, if not most, of us simply do not have time to watch hundreds of TV stations and thus should not have to buy huge, expensive package solutions. Not one of the traditional cable TV companies seem to consider the business advantage of offering more individualized solutions, which is technologically possible today. Instead, they are willing to waste money and time on resisting change all the way to the Supreme Court, not realizing that the change is coming whether or not they want it.
Surely an innovative company will soon be able to work its way around traditional cable companies' strong position on this market while at the same time observing the Supreme Court's markedly narrow holding. Some have already started doing so. Aereo itself promises that it is only "paus[ing] our operations temporarily as we consult with the court and map out our next steps."
July 9, 2014 in Commentary, Current Affairs, E-commerce, Famous Cases, Film, In the News, Music, Recent Cases, Television, Web/Tech | Permalink | Comments (0) | TrackBack (0)


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Focus error everytime i on the camera the light goes red and focus error comes on the screen. how can i fix it without breaking it open or costing me lots of money? plz help
Very common Fuji lens problems. Find a good independent repair shop that may be able to fix. Fuji will charge a huge sum to replace lens. ... Fuji FinePix S7000 Digital Camera
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Same problem. The lens is stuck in the zoom position. When the camera is turned on, the lens moves a just afraction like it want to fully open or close, then the camera beeps and prompts with the "Lens Error" Restart Camera. Solutions? ... Canon PowerShot A550 Digital Camera
Lens error Have had the camera for 3 years without problem until now. When I turn it on it says lens error and will not open. Charged battery but didn't help. Please advise. P
I just did the same with mine.. it give me aelectric shock it was funny... so dontworry about it hurtint its just like a vibrating up your arms relly:L xx ... Nikon COOLPIX L3 Digital Camera
My canon rebel xt fell. The lens on it ''EFS 18-55 mm'' is now jammed. I can not focus and can't zoom without a lot of force. When looking at the lens you can see that one side of it has been pushed down... Please help.
Sorry but you need to take the lens and/or camera in for service....could be expensive. ... Canon Rebel XT / EOS 350D Digital Camera
I have the Kodak m340 and one day my camera is taking great pictures then my battery died. I charged the battery like always (I had just lent my charger to my sister who had lost hers) and now my camera won't open without beeping and won't focus to take a clear picture. Any help would be greatly appreciated!
First try to clear lens with soft cloths ... Kodak EASYSHARE M340 Digital Camera
Help Me! i just really need to know how to fix my camera lens. i dropped it and then tried to turn it back on and the lens didn't come out and it flashed "error 16" then shut off.How do i fix my camera without it costing?
Sorry...it needs service. ... Kodak EasyShare C763 Digital Camera
Shutter does not open fully but also does not close now. states focus and zoom error - please help fix x
Try to off and take it off the battery then try it back. ... Fujitsu Digital Cameras
I replaced my Lumix TZ6 with a TZ8 because of system error (focus) problems. Now my new camera has the same. I am abroad and in a country with no Paanasonic repairers and have already sent my camera to England for a friend to deal with it for me. Help! What is this problem? How is it caused? I love the camera but cannot be without it
HelloThe problem is that the lens has become stuck in the barrel(This can be due to dropping it, sand particles). There are some DIY solutions you could try, but the \012probability is that you will have to get it ... Digital Cameras
I accidentally dropped my Canon SD1400 IS (camera) the other day and now whenever I turn it on, it says "Lens Error. Will shut off automatically. Restart camera". Can you help me fix it without having to break the bank?
HelloThe problem is that the lens has become stuck in the barrel. There are some DIY solutions you could try, but the \012probability is that you will have to get it fixed by a professional. ... Canon PowerShot SD1400 IS IXUS 130 Digital Camera
Blurry Pics My Fuji A500 had a focus error- I fixed that. Now all the pictures are blurry. I haven't had this camera for a year and it seems to be a waste of money. Help me!!
How did you fix focus error? ... Fuji FinePix A500 Digital Camera
All of a sudden our nikon coolpix P2 digital camera is stating lens error when we turn it on. the opening/closing mechanism will work and open but then after the photo lens thing comes out, it looks around and goes back inside the camera. I've tried to dust it a little with a soft brush, and jiggle it some but to no avail. I'm afraid repairing it will cost more than a new one. This one is 4 years old. Help!
Fixing a Lens Error on a Digital Camera\012\012This has to be THE most common failure mode for a digital camer ... Nikon Coolpix P2 Digital Camera
Hi.. My Olympus Stylus 710 camera is one year old and I have been having problems with it recently. Basically the camera is unusable right now. When i press the power, the lens open halfway, the picture on the LCD is blurry and one second after the lens close and an error appears of the screen saying "D: 5f08 5f0e 5f08 5e02". Can you help me fix this problem? Sending the camera back to Olympus to fix will cost a bundle and where I live, no one fixes digital cameras.
Fixing a Lens Error on a Digital Camera\015\012\015\012This has to be THE most common failure mode ... Olympus Stylus 710 Digital Camera
Nikon D100 Hi. Out of the clear blue my af lens doesn't work. No motor sound. Can use manually. Is there a motor in the lens that needs replacing? I think its only 4 years old (inhered camera). Nikon AF 70-300mm. I don't really have the money to go to camera store without indications of what I need. How costly is the motor? Also there is no light on the internal view box. Can you help? Thanks, Mary Louisville, KY
If the lens is AF (not AF-S) there is no motor in the lens. A motor in the camera turns a screw in the lens mount to focus it. If it is easy to turn it manually, my first recommendation would be to check that you didn't accidentally bump the focus ... Nikon D100 Digital Camera
Zoom error i have a finepix s700 model,i bought it new 26/05/2008,from circuitcity. my prob is suddenly i saw zoom error in the screen of my camera,i tried many time to reset it but failed...so i cannot take any picture,when i started my camera then this zoom error msg will appear on the screen,plz help me to take picture,this is my favorite camera,plz help me,plz
HelloThe problem is that the lens has become stuck in the barrel. There are some DIY solutions you could try, but the \015\012probability is that you will have to get ... Fuji FinePix S7000 Digital Camera
Hi , I hope some one may help me with my Lumix FZ35 CAMERA, I have had no problems with the videos until last weekend, now the camera will not load the videos to my PC in a format that the PC understands. I am a nerd when it comes to technical things so any help is appreciated, This is what the PC is telling me ! This is the file I open PRIVATE_ AVCHD_ AVCHDTH- THUMB.TDT this file shows as unreadable ! The error reads; error 2048. Couldn't open the file THUMB.TD because i
Quicktime does not read AVCHD files. These should be opened with PHOTOfunSTUDIO. ... Digital Cameras
Focus error I am from the Caribbean Island of St.Kitts and I was on holiday in London, England in August 2006 and I bought this camera. It worked wonderfully and I took plenty pictures. I had no problems at all with it until now. When the camera was turned on there was a sound coming from the lens area. The lens are open and will not close. On the screen there is the warning display "focus error." Can I get a solution to fixing this problem Screen says focus error , makes noise.
Hi...The transmission system that moves the lens in and out has a problem with it's gears. There is most likely a gear or an actuator that has fallen out of alignment and is getting stuck at a certain point as the lens comes in/out.There is some dist ... Fuji FinePix A500 Digital Camera
Lens locked open giving focus error. Turning off
Try the procedures in this tip. ... Fuji FinePix A500 Digital Camera
Focus failure Hi. I hope you can help. I've a canon 40D and am using it remotely with the EOS utility v 2.3. I am only able to take an image when the live view mode is active. When inactive and I use either the shoot button or the timer, an error flashes up "focus failure". The camera focuses fine in live mode. Have dragged my way through the instruction manual and cannot find a troubleshooting section covering this problem. Hope you can help. Thanks Joe
... Digital Cameras
FinePix S1000FD: FOCUS ERROR
Fixing a Lens Error on a Digital Camera\012\012This has to be THE most common failure mode for a digital camer ... Fuji FinePix S1000FD Digital Camera
Lens stuck Please help me, I tried to turn on my camera today (it had been working fine before) and when I tried to switch it on the lens would not fully it open and my camera was making a whirling noise. The screen is black and will not take photos. The lens won't open fully and when it does eventually close has difficulty doing so. The camera then makes a beep beep beep noise and displays "Please turn the power on and off again". Please help I can't live without my camera and can't afford
If the lens is not coming out, its stuck, or it wont completely open or close, that is the lens assembly, that needs to be repaired. You need to take it to somebody, that can either repair it or replace it for you. There is nothing that can be done, ... Sony Cyber-Shot DSC-P8 Digital Camera
Hello, we have a caso exilim zoom ex-z250 digital camera. we have the following problem. The lens will not open completly, the error in the screen is: Lens error.(lens fout in Dutch) I think we have opened the lens accidentally when the camera was still in his cover. How to solve this problem? thks for yr help regards Irene
HelloThe problem is that the lens has become stuck in the barrel. There are some DIY solutions you could try, but the \012probability is that you will have to get it fixed by a professional. ... Casio Exilim Zoom EX-Z250 Digital Camera
Zoom error When i turn the camera on, the shutter opens, then closes, then it beeps and says zoom error on the screen. I am able to shut it off, take pictures off it that are on it, get to the menu screen, and pretty much everything that isn't taking pictures. le focus ouvre plus et ou ne ferme plus focus erreur
HelloThe problem is that the lens has become stuck in the barrel. There are some DIY solutions you could try, but the \015\012probability is that you will have to get it fixed by ... Fuji FinePix A500 Digital Camera


text:
UPDATE 1-Suspected bird flu in Arkansas poultry threatens exports
(Updates with details on discovery, comments)
By Tom Polansek and P.J. Huffstutter
CHICAGO, March 10 (Reuters) - A suspected case of avian influenza has been identified in poultry in Arkansas, the third-largest U.S. turkey producer and home to Tyson Foods Inc , the nation's biggest chicken company, the U.S. Department of Agriculture said on Tuesday.
The infection, if confirmed, threatens to widen trading bans from countries such as Taiwan, Singapore and Nicaragua that have already restricted U.S. poultry exports due to bird flu outbreaks in states ranging from Minnesota and Missouri to California.
"There is a suspect case in Arkansas, but testing is ongoing," USDA spokeswoman Lyndsay Cole said.
Arkansas producers have been on alert for the virus since Minnesota and Missouri confirmed cases of highly pathogenic H5N2 bird flu during the past week. The Minnesota case was the first in the Mississippi flyway, a migratory route along the Mississippi River that also includes Missouri and Arkansas.
Bird flu is contagious and can spread rapidly through a flock, killing birds in as little as 48 hours. The virus has not been identified in humans and is not expected to pose a public health risk, according to USDA.
"It's in the wild bird flyway coming from Canada," Texas state veterinarian Dee Ellis said of the virus. "That's obviously how it went from Minnesota to Missouri to Arkansas."
Ellis could not confirm the Arkansas case and Tyson was not immediately available to comment. Continuación...


text:
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The Tenderness of Wolves (2006)
by Stef Penney
Historical Fiction (96)
» 7 more
Female Author (487)
A Winter's Tale (36)
5 Best 5 Years (45)
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The tenderness of wolves
I love curling up with a good book, whatever the season.
You might find me on a sun lounger in summer or on a park bench in Autumn, but you'll never find me without a book in my hand and another in my bag. (You never know when you'll get Bonus Reading Time.)
In Winter I particularly enjoy snuggling up with books which have a properly cold setting. Recently this has included fantastic stories set in the Arctic Circle ('The One Memory of Flora Banks'), Antartica ('Devour'), Communist East Germany ('Stasi Child' - this cold may be more metaphorical!) and Canada - 'The Tenderness of Wolves'.
What's it about?
When a man is found brutally murdered and a seventeen year old boy goes missing, the boy's mother decides to find him in order to clear his name.
Their life in a frontiership town has always been tough, but the forest is a foreign and frightening place, and winter is closing in... Can Mrs Ross find her son before the Company hunters can? What exactly was his connection to the dead trapper? And can investigating this new mystery help resolve a decades old one?
Favourite quotes:
'She considers herself a well-traveled woman, and from each place she has been to, she has brought away a prejudice as a souvenir.'
'And so while my husband sleeps upstairs - we pack and I prepare to go into the wilderness with a suspected killer. What's worse, a man I haven't been properly introduced to.'
What's it like?
Slow paced. Lovely to read (the writing is beautiful). Deliciously evocative of life in the Canadian wilderness.
There's a panoramic quality to the writing which meant I wasn't surprised to learn that debut novelist Steph Penney had written and directed two films prior to writing this novel.
This is a mixture of genres - a dose of romance, a tale of life in the wilderness, a dash of mystery and more than a hint of Canadian Western. The resulting story does feel a little lacking in focus at times: a key plot device is finally reduced to little more than a macguffin, and whole characters have fully fleshed out storylines that are ultimately almost irrelevant to the main narrative thread (yes I mean you, Line, and you, entire population of Himmelvanger).
One of the many strengths of Penney's book is her evocation of place. The setting - especially the increasing coldness - is firmly felt throughout:
"The cold is like a hand that is laid with gentle but implacable force on the snow, telling it to stay."
Final thoughts
Ultimately, Penney captures the daily rigour of life on the seventeenth century Canadadian frontier by following the threads of disparate lives - where they've been, where they wanted to go, where they may yet go.
There's a certain sadness to all the endings which is wonderfully realistic without being too brutal. Not all the loose ends are tied up, but the central mystery is resolved. I found the conclusion of Mrs Ross' story particularly moving.
This book was such a resounding success with my entire book group - a rarity! - that no-one even noticed the occasionally rather modern dialogue.
("Geez. Keep a girl waiting, why don't you."
"Sorry. Um... it's just that, I'll have to speak to my Dad, to see if he wants me to work....first. Thanks though. It sounds nice."
To be fair to Penney, only the younger characters speak this way, so in that sense the dialogue is perfectly appropriate, which may be why such anachronisms passed by seasoned readers without comment.)
In fact my best efforts to stir up debate and dissension resulted in increasingly positive commentary from the entire group. And I was only drawing their attention to possible flaws in an effort to widen the scope of the discussion: I'd thoroughly enjoyed reading 'The Tenderness of Wolves' too.
(Note to self: seek out a batch of Steph Penney's second novel, 'The Invisible Ones', to see if it is possible to repeat this possibly unprecedented success.)
A gentle, delightful tale of harsh lives and harsher weather, wolves, furs, taboos, and the madness that is born of loneliness.
I was completely blown away by this book. It took me three tries to get into it, but once I did....Wow! I enjoyed all the different story lines, but truly loved that of Parker and Mrs. Ross. Mrs. Ross was unbelievable. So complex on so many levels. I am still in awe of the ending. How everything intertwined was magnificent. Bravo. Can't wait to read more from this author.
I liked this but not as much as The Invisibles Ones which I thought was better plotted. But this had many good elements - 19th Canada, Indians, a shout-out to captivity narratives, and lots of snow. It ended with a bit of a whimper though.
"And so while my husband sleeps upstairs we pack–and I prepare to go into the wilderness with a suspected killer. What's worse, a man I haven't been properly introduced to. I am too shocked to feel fear, too excited to care about the impropriety of it. I suppose if you have already lost what matters most, then little things like reputation and honour lose their lustre. (Besides, if the worst comes to the worst, I can remind myself that I have sold my honour far more cheaply than this. I can remind myself of that, if I have to.)"
As the nights are drawing in and the temperatures are dropping to the point that I needed to switch the heating on, this was the perfect book to get in the mood for the upcoming season.
There are a few things that I could criticize about this book - like the holes in some of the sub-plots, anachronisms, the use of 20th century expressions and attitudes that detract from the 1867 setting - but all in all these are minor flaws.
I loved this book. Not least for its writing:
"Sometimes, you find yourself looking at the forest in a different way. Sometimes it's no more than the trees that provide houses and warmth, and hide the earth's nakedness, and you're glad of it. And then sometimes, like tonight, it is a vast dark presence that you can never see the end of; it might, for all you know, have not just length and breadth to lose yourself in, but also an immeasurable depth, or something else altogether. And sometimes, you find yourself looking at your husband and wondering: is he the straightforward man you think you know–provider, friend, teller of poor jokes that nonetheless make you smile–or does he too have depths that you have never seen? What might he not be capable of?"
So what that the language doesn't fit into 1867? The same concept worked for Marty McFly... Anyway, just to clarify, this book is not about time travel.
The Tenderness of Wolves is a mystery set in the wintry northeast of Canada between communities of immigrants and natives, where the murder of a local trapper and the disappearance of a local youth set in motion an unlikely turn of events.
But it is not just a murder mystery. What I loved about the book is what some other reviewers found distracting - that it a number of subplots.
There are stories of people looking for something they have lost, of people looking for their own way in life, of people trying to remember who they are, of people trying to make new starts. Some fail, some succeed.
The subplots add a great deal of depth to the characters and bring to life how in a largely isolated small community nearly everything is connected. Ironically, for a story set in the freezing north, there is a lot of warmth; and for a story largely set in the wilderness, there is a lot of humanity, even though the stoicism portrayed by characters and the brutality of some of the events ensure that this is by no means a cozy read.
This review was first posted on BookLikes: http://brokentune.booklikes.com/post/1002481/the-tenderness-of-wolves
Quite an epic read. A really good murder mystery with adventure, a great sense of place, suspense, romance and a bit of humor thrown into the mix. I thought the character development was fantastic and I loved the cold, winter, wilderness setting. The only fault I found which is why I gave it only three stars is that it is a bit long and drawn out. The stories taking place along with the main one are great stories, but I felt it went on a bit long and I found myself wishing for the end. I was captivated with the story but not the length of the story.
I read The Tenderness of Wolves and fell into the story right away; the characters were well drawn and Penney is able to lead the reader from one page to the next.
There are few things like an endless vista to make a novel seem really gratifyingly contained. The novel itself comes to seem like a fragile bubble of consciousness beyond whose limits is a threatening void. (And that's what novels, in one essential manner, are.) And living in the rudimentary civilisation of mid 19th-century Canada must have been like living in a novel: there is nothing to concentrate on except the flawed characters of your fellow human beings, and the spoor left by their movements. And that, in a way, is all The Tenderness of Wolves is about.
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Wikipedia in English (1)
No descriptions found.
1867. Winter has just tightened its grip on Dove River, an isolated settlement in Canada's Northern Territory, when a man is brutally murdered. A local woman, Mrs. Ross, stumbles upon the crime scene and sees tracks leading from the dead man's cabin north toward the forest and the tundra beyond. But soon she makes another discovery: her son has disappeared and is now considered a prime suspect. A variety of outsiders are drawn to the crime and to the township--but do they want to solve the crime or exploit it? One by one, searchers set out to follow the tracks across a desolate landscape, variously seeking a murderer, a son, two sisters missing for seventeen years, and a forgotten Native American culture before the snows settle and cover the tracks of the past for good.--From publisher description.… (more)
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Translation of "expert" - English-Turkish dictionary
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Time Reveals New iMac EarlyTop-end model to sport DVD burner
The new iMacs are described as being priced at $1,300 to $1,800, depending on configuration. We'll bring you official pricing details when they are made available later today. The article describes the base of the machine as 26.4 cm in diameter with a chrome neck that swivels while maintaining the angle of the display.
The article also mentions a new consumer application, iPhoto, which is designed as an image capture and arcchiving tool for users of digital cameras.
To read the article, visit http://www.timecanada.com. Stay tuned to Creative Mac for more details as they become available.
Dave Nagel is the producer of Creative Mac and Digital Media Designer; host of several World Wide User Groups, including Synthetik Studio Artist, Adobe Photoshop, Adobe InDesign, Adobe LiveMotion, Creative Mac and Digital Media Designer; and executive producer of the Digital Media Net family of publications. You can reach him at [email protected].
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