text:
Citation Edit
Perfect 10, Inc. v. Google, Inc., 416 F.Supp.2d 828 (C.D. Cal. 2006) (full-text), aff'd in part, rev'd in part sub nom. Perfect 10, Inc. v. Amazon.com, Inc., 487 F.3d 701 (9th Cir. 2007) (full-text).
Factual Background Edit
Google runs a search engine with an option to search specifically for images (known as Google Image Search). The search engine displays pages of search results with small images, or thumbnails, which are smaller and lower quality versions of full-sized images found on the pages listed in the search results. When these thumbnails are clicked, Google's web page sends a set of HTML instructions to the user's browser creating two distinct sections on the screen. The top portion contains information provided by Google including the thumbnail that was clicked. The lower portion of the screen is filled with the third-party website that provides the full size image which is accessed by the user's browser through the HTML instructions provided by Google.
Google also stores images temporarily in the cache of their computers and the users' computers to facilitate faster web browsing. Amazon had an agreement with Google that allowed users of Amazon's website to perform searches that resulted in Google's search results being displayed through in-line linking. Ads are placed on search result pages through Google's Adsense program.
Perfect 10 operates a subscription-based website that makes available copyrighted images of nude models to members. Its proprietary website is not available to public search.[1] Other websites, however, displayed, without permission, images and content from Perfect 10.
Google, in response to image search inquiries, displayed thumbnail copies of Perfect 10's photos and linked to the third-party websites, which hosted and served the full-sized, infringing images. Perfect 10 filed suit against Google, alleging that Google's search engine directly infringed its exclusive rights to display and distribute the full-size and reduced-size (thumbnail) images under the Copyright Act and was contributorily and vicariously liable for linking to infringing third party sites. Perfect 10 also claimed that Amazon was secondarily liable for in-line linking to Google's search results.
District Court Proceedings Edit
As framed by the district court, the issues before it pitted intellectual property rights against "the dazzling capacity of internet technology to assemble, organize, store, access, and display intellectual property 'content'[.] . . . [The] issue, in a nutshell, is: does a search engine infringe copyrighted images when it displays them on an 'image search' function in the form of 'thumbnails' but not infringe when, through in-line linking, it displays copyrighted images served by another website?"[2] For the reasons discussed below, the district court found that Google's in-line linking to and framing of infringing full-size images posted on third-party websites was not infringing, but that its display of thumbnail images was likely to be considered infringing.
Linking and Framing Edit
With respect to in-line linking and framing of full-size images from third-party websites, the court considered, not whether the activity was infringing, but a more preliminary question: Is linking or framing a "display" for copyright purposes? If it does not come within the ambit of the copyright holder's exclusive rights, it is not necessary to reach the question of copyright infringement.
Linking is a basic function of the Internet. The term "hyperlinking" is used to describe text or images, that when clicked by a user, transport him or her to a different webpage. "In-line linking" is somewhat different. It refers to the process whereby a webpage incorporates by reference content stored on and served by another website.
The parties offered two theories for considering whether in-line linking is a display: the "server test" advocated by Google and the "incorporation test" advocated by Perfect 10. The "server test" defines a display as the "act of serving content over the web — i.e., physically sending ones and zeroes over the internet to the user's browser."[3] The "incorporation test" would adopt a visual perspective wherein a display occurs from the act of incorporating content into a webpage that is pulled up by the browser. Perfect 10 argued that the webpage that incorporates the content through in-line linking causes the "appearance" of copyrighted content and is therefore "displaying" it for copyright purposes, regardless of where it is stored.
Reviewing precedent, the court acknowledged that there is substantial authority to the effect that traditional hyperlinking does not support claims of direct copyright infringement because there is no copying or display involved.[4] But there is little discussion of in-line linking.[5]
The court adopted the "server test" and held that a site that in-line links to another does not itself "display" the content for copyright purposes. Among the reasons given for its determination is that the "server test" is more technologically appropriate and better reflects the reality of how content travels over the Internet.
Further, it viewed the "server test" as liability "neutral." Application of the test doesn't invite infringing activities by search engines, nor does it preclude all liability. It would, more narrowly, "preclude search engines from being held directly liable for in-line linking and/or framing infringing content stored on third-party websites."[6]
The direct infringers were the websites that "stole" Perfect 10's full-size images and posted them on the Internet. Finally, the court reasoned, that:
- [T]he server test maintains, however uneasily, the delicate balance for which copyright law strives — i.e., between encouraging the creation of creative works and encouraging the dissemination of information. Merely to index the web so that users can more readily find the information they seek should not constitute direct infringement, but to host and serve infringing content may directly violate the rights of copyright holders."[7]
Thumbnail Images Edit
Applying the server test to the thumbnail images, it was clear that Google did display them. Google acknowledged that it copied and stored them on its own servers. The issue then became, like that in Kelly v. Arriba Soft, whether Google's use of Perfect 10's images as thumbnails was a fair use. Analyzing statutory fair use criteria, the court concluded that Google's use of the thumbnails was not a fair use:
Purpose and Character of Use Edit
Google's use of the thumbnails was a commercial use; it derived commercial benefit in the form of increased user traffic and advertising revenue. In Kelly, the Court of Appeals acknowledged that Arriba Soft's use of thumbnails was commercial, yet concluded that search results were more "incidental and less exploitative" than other traditional commercial uses. Here, the commercial nature of Google's use was distinguishable because Google derived specific revenue from an ad sharing program with the third-party websites that hosted the infringing images.
Perfect 10 had entered into a licensing agreement with others for the sale and distribution of its reduced-size images for download to and use on cell phones. A significant factor supporting a finding of fair use is a court's determination that the use is transformative. Although the court found that Google's use of thumbnails to simplify and expedite access to information was transformative, it found it to be "consumptive" as well, i.e., the use merely supersedes the object of the original instead of adding a further purpose or different character. Google's thumbnails superceded, or usurped, the market for the sale of reduced-size images, because cell phone users could download and save the images directly from Google.
Nature of the Copyrighted Works Edit
Use of published works, including images, are more likely to qualify as a fair use because the first appearance of the creative expression has already occurred.
Amount and Substantiality of the Use Edit
As in Kelly, the court found that Google used no more of the image than necessary to achieve the objective of providing effective image-search capability.
The Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work Edit
While Google's use of thumbnails did not harm the market for copyrighted full-size images, it did cause harm to the potential market for sales of Perfect 10's reduced-size images to cell phone users.
The court also considered and rejected Perfect 10's allegation that Google was guilty of contributory and vicarious copyright infringement liability.
Appellate Court Proceedings Edit
Linking and Framing Edit
In tacitly adopting the "server test" and affirming the district court's finding that linking and framing did not violate the copyright holder's exclusive rights of display and reproduction, the Court of Appeals made several observations. It considered Perfect 10's contention that when Google frames a full-size image, it gives the "impression" that it is showing the image.
The court acknowledged that linking and framing may cause some computer users to believe they are viewing a Google Web page when, in fact, Google, through HTML instructions, has directed the user's browser to the website publisher's computer that stores the image. But the Copyright Act, unlike the Trademark Act, does not protect a copyright holder against acts that may cause consumer confusion.[8] The same logic obtains with respect to the display of cached webpages. Even if the cached copies are no longer available on the third-party's website, it is the website publisher's computer, not Google's, that stores and displays the infringing cached image.
Thumbnail Images Edit
In reversing the lower court's determination that Google's display of thumbnail images was not a fair use, the Court of Appeals reconsidered the weight to be accorded to the statutory factors. It differed with the district court's analysis regarding character of use and market impact.
Purpose and Character of Use Edit
The court laid major emphasis, and weight, on the transformative nature of a search engine's display as an electronic reference tool:
- Although an image may have been created originally to serve an entertainment, aesthetic, or informative function, a search engine transforms the image into a pointer directing a user to a source of information. . . . [A] search engine provides social benefit by incorporating an original work into a new work, namely, an electronic reference tool. . . . In other words, a search engine puts images "in a different context" so that they are "transformed into a new creation."[9]
The court considered the judicial rule that "parody" is a fair use, and concluded that "[i]ndeed, a search engine may be more transformative than a parody because a search engine provides an entirely new use for the original work, while a parody typically has the same entertainment purpose as the original work."[10]
The fact that Google profited from its AdSense advertising program and that Perfect 10's market for the sale of thumbnail images could be superceded by the Google display did not outweigh the public interest value of the transformative use, in the court's opinion. It noted the absence of evidence that downloads of thumbnails for mobile phone use actually occurred. Hence, the court's analysis of thumbnails from Kelly was controlling:
- Accordingly, we disagree with the district court's conclusion that because
Google's use of the thumbnails could supersede Perfect 10's cell phone download use and because the use was more commercial than Arriba's, this fair use factor weighed "slightly" in favor of Perfect 10. Instead, we conclude that the transformative nature of Google's use is more significant than any incidental superseding use or the minor commercial aspects of Google's search engine and website]. Therefore, the district court erred in determining this factor weighed in favor of Perfect 10.[11]
Effect of Use on the Market Edit
Similarly, with respect to Perfect 10's market for the sale of its full-sized images, the court rejected the argument that market harm may be presumed if the intended use of an image is for commercial gain. Market harm to a copyright holder will not be "readily inferred" when an arguably infringing use is otherwise transformative. And, since the "potential harm" to the market for the sale of thumbnails was hypothetical, the court concluded that the significant transformative use outweighed the unproven use of Google's thumbnails for cell phone downloads. It vacated the district court's preliminary injunction regarding Google's use of thumbnails.
Likewise, the copying function related to caching of full-sized images performed automatically is a transformative, and, ultimately, a fair use, so long as the cached copies no more than necessary to assist the Internet user and the copying has no more than a minimal effect on the owner's right, while having a considerable public benefit.[12]
Secondary Liability Edit
The Court of Appeals opinion devotes considerable attention to the question of Google's possible liability for secondary copyright infringement, that is, contributory and/or vicarious infringement. It was uncontested that third-party websites were posting infringing copies of Perfect 10's images. The court rejected the assertion that Google's automatic caching of copies of full-sized images from third-party sites was direct infringement. But it reversed the district court's determination that Perfect 10 was not likely to succeed with a claim for secondary liability against Google, and remanded the case for reconsideration in light of its opinion.
As defined by the U.S. Supreme Court, "[o]ne infringes contributorily by intentionally inducing or encouraging direct infringement, and infringes vicariously by profiting from direct infringement while declining to exercise a right to stop or limit it."[13] As applied by the Ninth Circuit, "a computer system operator can be held contributorily liable if it 'has actual knowledge that specific infringing material is available using its system,' and can 'take simple measures to prevent further damage' to copyrighted works, yet continues to provide access to infringing works."[14]
The Court of Appeals first considered whether Google intentionally encouraged infringement. The district court held that Google did not materially contribute to infringing conduct because it did not undertake any substantial promotional or advertising efforts to encourage visits to infringing websites, nor provide significant revenues to the infringing websites.[15] But the Court of Appeals disagreed, reasoning:
- There is no dispute that Google substantially assists websites to distribute their infringing copies to a worldwide market and assists a worldwide audience of users to access infringing materials. We cannot discount the effect of such a service on copyright owners, even though Google's assistance is available to all websites, not just infringing ones. Applying our test, Google could be held contributorily liable if it had knowledge that infringing Perfect 10 images were available using its search engine, could take simple measures to prevent further damage to Perfect 10's copyrighted works, and failed to take such steps.[16]
With respect to vicarious infringement, a plaintiff must establish that the defendant "exercises the requisite control over the direct infringer and that the defendant derives a direct financial benefit from the direct infringement."[17] The court found that Perfect 10 did not demonstrate that Google has the legal right to stop or limit direct infringement by third-party websites.
Because the district court determined that Perfect 10 was unlikely to succeed on its contributory and vicarious liability claims, it did not reach Google's arguments that it qualified for immunity from liability under the DMCA.[18] The district court was directed to consider whether Google was entitled to the limitations on liability provided by title II of the DMCA on remand.
References Edit
- ↑ Smaller versions of Perfect 10's copyrighted images are also available for use on cell phones through a distribution agreement with Fonestarz Media Limited.
- ↑ 416 F. Supp. at 831.
- ↑ Id. at 839.
- ↑ Id. at 842.
- ↑ The Ninth Circuit found it to be copyright infringement in its subsequently withdrawn opinion in Kelly I.
- ↑ Id. at 844.
- ↑ Id. (emphasis in original). Conversely, "[t]o adopt the incorporation test would cause a tremendous chilling effect on the core functionality of the web — its capacity to link, a vital feature of the internet that makes it accessible, creative, and valuable." Id. at 840.
- ↑ 487 F.3d 701, 717.
- ↑ Id. at 721 (citations omitted).
- ↑ Id.
- ↑ Id. at 723 (citations omitted).
- ↑ Id. at 726.
- ↑ Id. at 726 citing Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 930 (2005) (internal citations and footnotes omitted).
- ↑ Id. at 729 (citations omitted).
- ↑ 416 F.Supp.2d at 854-56.
- ↑ 487 F.3d at 729.
- ↑ Id. at 729-30.


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By Mimi Hall, USA TODAY
Greer Hannan will mark
Obama's first pass at the annual springtime rite for presidents — delivering commencement addresses at a couple of universities or colleges and one military academy — has caused controversy at two of the three schools the
COLLEGE BLOG: Who's who: Annual commencement address furor
The biggest controversy, though, is at Notre Dame, the
"The American presidency is always a magnet for controversy," says Notre Dame American studies professor Robert Schmuhl. "Add to that the sense of internal religious conflict at a nationally known university and you have the combustible situation we now see."
Among those who say they are aghast at the Obama invitation:
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Outside observers say the flap is more about politics than religious beliefs.
"Notre Dame has a proud and longtime tradition of honoring presidents of both parties," Roemer says. "And Obama has consistently extended his hand to the faith community."
In Tempe, Ariz., meanwhile, Arizona State University officials have created what one professor calls a public relations mess with conflicting explanations about why Obama will not receive an honorary degree.
The school's spokeswoman, Sharon Keeler, initially said Obama — who earned his own Harvard Law School degree in 1991 — hadn't established enough of a "body of work" yet to warrant a degree.
ASU President Michael Crow says that's not the case. He says the school has had a policy since 2003 not to give honorary degrees to donors and sitting politicians, but the school is thrilled to have Obama deliver the commencement address at Sun Devil Stadium. To honor the president, Crow says, the school has named a scholarship program after him. "His election is a fantastic historical turning point," he says.
The flap about the degree was "a public relations blunder," says ASU political science professor Marilyn Dantico. "Everyone is thrilled that Barack Obama is coming to Arizona State."
Guidelines: You share in the USA TODAY community, so please keep your comments smart and civil. Don't attack other readers personally, and keep your language decent. Use the "Report Abuse" button to make a difference. Read more.


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text:
The concept outlined below has been implemented as of Freeciv 2.1
The following was discussed on the mailing list:
- The 'neutral' treaty is removed, and 'war' becomes the default. This is more natural (neutral is not a treaty), and will lead to fewer newbie problems.
- Ceasefire works as before, but ends up back in 'war'. You can only suggest ceasefire when in war. The AI will always suggest and accept ceasefire when you first meet.
- New treaty 'armistice', which disallows you from entering new units into an enemy's borders, but leaves existing units alone. Like ceasefire, it has a countdown of 20 turns, and ends up in a 'peace' treaty when run time runs out. (The AI will always insist on some turns of ceasefire, then armistice, never go directly to peace, and will use the armistice to move its units out of the other player's territory.) Breaking an armistice drops you to war.
- There no longer is a 'Peace treaty' option. The only way to get a peace treaty is an Armistice. (Alternatively, the option is called 'Peace treaty' and just starts with an armistice.)
- When a peace treaty kicks in, all military units belonging to peace-treaty players inside your border are immediately disbanded. They cannot send military units through your borders, and non-military units are prohibited from most actions. Breaking a peace treaty drops you straight to war (dropping to ceasefire might be neat, but would just be annoying).
- Non-military units are also prohibited from doing actions that would cause 'reason for war' under ceasefire, armistice, peace and alliance. The 'reason for war' concept is removed. It was never transparent, and quite abusable.
- Under alliance, players may enter each others' borders at will. Breaking an alliance drops you to 'armistice' treaty, giving each player time to move their units out of the other player's territory before a new peace treaty kicks in and disbands units.
- There should be a shortcut key that gives next unit in land of enemy for easy removal or moving of units caught in enemy territory.
The resulting treaties will be: War, Ceasefire, Armistice, Peace, and Alliance. Obviously, we will have a problem with civ1/2 ruleset compatibility, but I think we should ignore that, rather than insist on generalizing treaties first, because that is seriously hard work.


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Laura is a smart, hard working, creative sourcer and recruiter. She consistently locates and develops passive candidates with hard to find skills that are critical to the growth of the practice areas which she supports.
Laura is a professional, and will devote the time and energy necessary to be successful.
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Best Start East LA Partnership Meeting March 26, 2014
First 5 LA
Wednesday, March 26, 2014 from 5:00 PM to 7:30 PM
Who's Going
San Francisco, California
London, United Kingdom
Florence, Italy
Event Details
Working together to make sure that children in
East LA are healthy, safe and prepared for school.
Centro Maravilla Service Center
Wednesday March 26, 2014
4:30-5:00pm - Registration and Dinner
5:00-8:00pm - Community Partnership Meeting
Bus tokens and childcare is available upon request. Your request must be submitted at least 24 hours prior to the event through this eventbrite or to Lorena at firstname.lastname@example.com or 213.482.7834.
If you have any questions or for more information, please contact Jocelyn V. Ramirez, Program Officer at First 5 LA, at email@example.com or 213.482.7836.
BEST START focuses on making families stronger, building on current work and bringing much-needed resources to the community. You know your community, and that's why your ideas and support are so important in transforming your neighborhood into a Best Start community. Working together, Best Start partners will create communities where families are strong and communities support families.
Do you have friends, family and colleagues who would be interested in joining Best Start? Invite them to attend a meeting with you or encourage them to sign up at http://beststartla.org/east-los-angeles/
When & Where
East Los Angeles Service Center
133 N. Sunol Drive
Los Angeles,
Wednesday, March 26, 2014 from 5:00 PM to 7:30 PM
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First 5 LA
First 5 LA
Champions for Our Children
First 5 LA is a leading early childhood advocate working collaboratively across L.A. County. We were created in 1998 to invest L.A. County's allocation of funds from California's Proposition 10 tobacco tax. Since then, First 5 LA has invested more than $1.2 billion in efforts aimed at providing the best start for children from prenatal to age 5 and their families.
First 5 LA, in partnership with others, strengthens families, communities, and systems of services and supports so all children in L.A. County enter kindergarten ready to succeed in school and life.


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Sony has released details about its latest smartphone camera sensor, which is capable of shooting a 1080p slow-motion video at a highly impressive rate of 1,000 frames per second.
In a press release on the Sony website, the company also revealed how the new the new 3-layer CMOS sensor can take 19.3MP images in 1/120th of a second, four times faster than rival chips.
The 3-layer CMOS sensor is being hailed as an industry first; while the iPhone 7 and Google Pixel smartphones can shoot 1080p slow-motion videos, both can only do so at 120fps.
Sony's new sensor surpasses the Sony RX 100 V, which can shoot at a rate of 960 frames per second.


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Caesium reduces the size of your picture up to 90%.
Use this security logo:
Freeware is computer software that is available for use at no cost or for an optional fee.
Tutorial not found. Let know us about any useful video tutorial.
Image compression, resize pictures, Matteo Paonessa, Caesium
Fixed: 'Fixed Window' option, Format Combo Box.


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Sitter in Fuquay Varina
I'm a 19 year old female. I love children. I've watched several kids for other people before. I've watched my baby sister since she was born. So I have experience with newborns and up! I'm located in Fuquay varina, North Carolina. The Childcare will take place at my home (I live with my mother) I watch my baby sister which is 18 months that will be around. I have a kitten and a small dog that stays outside during the day. Meals will be provided for the child. I'm looking to watch a child for part time or full time. For a whole day it'll cost $30 or $5 per hour.
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text:
The Rag and Bone Shopby Robert Cormier, Scott Shina (Narrated by)
Robert Cormier (pronounced kor-MEER) lived all his life in Leominster, Massachusetts, a small town in the north-central part of the state, where he grew up as part of a close, warm community of French Canadian immigrants. His wife, Connie, also from Leominster, still lives in the house where they raised their three daughters and one son–all adults now. They never saw a reason to leave. "There are lots of untold stories right here on Main Street," Cormier once said.
A newspaper reporter and columnist for 30 years (working for the Worcester Telegram and Gazette and the Fitchburg Sentinel), Cormier was often inspired by news stories. What makes his works unique is his ability to make evil behavior understandable, though, of course, still evil. "I'm very much interested in intimidation," he told an interviewer from School Library Journal. "And the way people manipulate other people. And the obvious abuse of authority." All of these themes are evident in his young adult classic and best-known book, The Chocolate War. A 15-year-old fan of his said, "You always write from inside the person."
Cormier traveled the world, from Australia (where he felt particularly thrilled by putting his hand in the Indian Ocean) and New Zealand to most of the countries in Europe, speaking at schools, colleges, and universities and to teacher and librarian associations. He visited nearly every state in the nation. While Cormier loved to travel, he said many times that he also loved returning to his home in Leominster.
Cormier was a practicing Catholic and attended parochial school, where inseventh grade, one of his teachers discovered his ability to write. But he said he had always wanted to be a writer: "I can't remember a time when I wasn't trying to get something down on paper." His first poems were published in the Leominster Daily Enterprise, and his first professional publication occurred while he was a freshman at Fitchburg State College. His professor, Florence Conlon, sent his short story, without his knowledge, to The Sign, a national Catholic magazine. The story, titled "The Little Things That Count," sold for $75.
Cormier's first work as a writer was at radio station WTAG in Worcester, MA, where he wrote scripts and commercials from 1946 to 1948. In 1948, he began his award-winning career as a newspaperman with the Worcester Telegram, first in its Leominster office and later in its Fitchburg office. He wrote a weekly human-interest column, "A Story from the Country," for that newspaper.
In 1955, Cormier joined the staff of the Fitchburg Sentinel, which later became the Fitchburg-Leominster Sentinel and Enterprise, as the city hall and political reporter. He later served as wire and associate editor and wrote a popular twice-weekly column under the pseudonym John Fitch IV. The column received the national K.R. Thomason Award in 1974 as the best human-interest column written that year. That same year, he was honored by the New England Associated Press Association for having written the best news story under pressure of deadline. He left newspaper work in 1978 to devote all his time to writing.
Robert Cormier's first novel, Now and at the Hour, was published in 1960. Inspired by his father's death, the novel drew critical acclaim and was featured by Time magazine for five weeks on its "Recommended Reading" list. It was followed in 1963 by A Little Raw on Monday Mornings and in 1965 by Take Me Where the Good Times Are, also critically acclaimed. The author was hailed by the Newark Advocate as being "in the first rank of American Catholic novelists."
In 1974, Cormier published The Chocolate War, the novel that is still a bestseller a quarter century after its publication. Instantly acclaimed, it was also the object of censorship attempts because of its uncompromising realism. In a front-page review in a special children's issue of The New York Times Book Review, it was described as "masterfully structured and rich in theme," and it went on to win countless awards and honors, was taught in schools and colleges throughout the world, and was translated into more than a dozen languages. I Am the Cheese followed in 1977 and After the First Death in 1979.
These three books established Cormier as a master of the young adult novel. In 1991, the Young Adult Services Division of the American Library Association presented him with the Margaret A. Edwards Award, citing the trio of books as "brilliantly crafted and troubling novels that have achieved the status of classics in young adult literature."
In 1982, Cormier was honored by the National Council of Teachers of English and its Adolescent Literature Assembly (ALAN) for his "significant contribution to the field of adolescent literature" and for his "innovative creativity."
8 Plus 1, an anthology of short stories that have appeared in such publications as the Saturday Evening Post, The Sign, and Redbook, was published in 1980. In later years, many of the stories in the collection, notably "The Moustache," "President Cleveland, Where Are You?" and "Mine on Thursdays," appeared in anthologies and school textbooks. The collection also received the World of Reading Readers' Choice Award, sponsored by Silver Burdett & Ginn, especially notable because young readers voted for Cormier to receive the prize.
I Have Words to Spend, a collection of his newspaper and magazine columns, was published in 1991, assembled and edited by his wife, Connie.
Robert Cormier's other novels include The Bumblebee Flies Anyway, 1983; Beyond the Chocolate War, 1985; Fade, 1988; Other Bells for Us to Ring, 1990; We All Fall Down, 1991; Tunes for Bears to Dance To, 1992; In the Middle of the Night, 1995; Tenderness, 1997; Heroes, 1998; and Frenchtown Summer, 1999. This novel won the Los Angeles Times Book Prize for Young Adult Fiction in April 2000. All his novels have won critical praise and honors.
In the Middle of the Night and Tenderness were short-listed for the Carnegie Medal in England, and Heroes received a "Highly Commended" citation for that same award, unique honors because the Carnegie is traditionally awarded to a British book.
Cormier's novels have frequently come under attack by censorship groups because they are uncompromising in their depictions of the problems young people face each day in a turbulent world. Teachers and librarians have been quick to point out that his novels are eminently teachable, valuable, and moral. His novels are taught in hundreds of schools and in adolescent literature courses in colleges and universities.
Though many of his books are described as written for young adults, in fact people of all ages read and enjoy Cormier's work. His themes of the ordinariness of evil and what happens when good people stand by and do nothing are treated seriously, and he never provides the easy comfort of a happy ending. Cormier's gripping stories explore some of the darker corners of the human psyche, but always with a moral focus and a probing intelligence that compel readers to examine their own feelings and ethical beliefs.
In an interview last year, Cormier was asked if he had accomplished what he set out to do at the beginning of his writing career. He answered with characteristic humility: "Oh, yes. My dream was to be known as a writer and to be able to produce at least one book that would be read by people. That dream came true with the publication of my first novel–and all the rest has been a sweet bonus. All I've ever wanted to do, really, was to write." That writing has left the world a legacy of wonderful books, a body of work that will endure.
Editorial Reviews
Paula Rohrlick
Stephen Fraser
–Booklist, Starred
"The chilling results of the questioning will leave an indelible mark on readers and prompt heated discussions regarding the definition of guilt and the fine line between truth and deception."
–Publishers Weekly, Starred
Product Details
- 9781402510281
- Publisher:
- Recorded Books, LLC
- Publication date:
- 02/04/2002
- Edition description:
- Unabridged
- Age Range:
- 12 - 17 Years
Read an Excerpt
Part I
"Feeling better?"
"I guess so. My headache's gone. Is there a connection?"
"Maybe. They say confession's good for the soul. But I don't know if it eliminates headaches."
"Am I supposed to say I'm sorry now?"
"The fact that you confessed indicates a degree of sorrow."
"Is that enough?"
"That's up to you, Carl. What you did can't be erased, of course."
"I know. They're dead. Gone. Can't bring them back. But—can the sin be erased?"
"I can't tell you that. I'm not a priest."
"But I confessed to you."
"Yes, but I can't give you absolution."
"Are the police coming?"
"They're waiting outside."
Trent shut off the tape player and leaned back in the chair, kneaded the flesh above his eyebrows. In the silence of the office, he still heard Carl Seaton's voice, all cunning gone, penitent, full of regret. Trent had sat across from him for four hours, under the harsh light of a 100-watt ceiling bulb, in the small cluttered office. The relentless questions and answers, the evasions and rationalizations, the eventual admission (not the same as a confession), and, finally, the confession itself.
The Trent magic touch at work, as a newspaper headline had once proclaimed. But Trent felt no particular magic now, no thrill of accomplishment. Too many confessions? Like Carl Seaton's? Having induced Carl to confess (that old Trent magic has you in its spell), Trent had had to listen to the recitation of his cold-blooded, deliberate murder of three people. The victims were a thirty-five-year-old woman, her thirty-seven-year-old husband and their ten-year-old son, although Carl hadn't known their ages at the time.
Six months ago, in the milky whiteness of a winter dawn, Carl Seaton had broken into the modest two-story home of Aaron and Muriel
Stone to steal the small gun collection in the cellar. He admitted that he knew nothing about guns except the pleasure of holding them in his hands and the sense of power they gave him. Carl Seaton broke a cellar window, not worried about the noise of his intrusion, having learned that the family was away on vacation and that there was no alarm system.
He was disappointed to find that there were only three small guns in the so-called collection. He was surprised to find that the guns were loaded. He then decided to search the house. Thought he might find something of value, although he knew nothing about fencing stolen goods. Heard a noise from the second floor. Padded toward the stairs, his sneakers noiseless in the carpeted hallway. Upstairs, he entered a bedroom and was surprised to see a man and woman asleep in the bed. The woman slightly curled up, the bedclothes thrown off. Beautiful eyelashes, thick and curved. The husband flat on his back, mouth open, snoring gently. Carl became conscious of the gun in his hand, felt suddenly the power of his position. What it must feel like to be—God. Looking down at them, so helpless and defenseless, it occurred to him that he could do anything he wanted with them. They were at his mercy. He wondered what the woman would look like without her blue nightgown on. He had never seen an actual naked woman, only in magazines, movies and videos. But it was too much of a bother now to think about that. He didn't want to spoil this nice feeling, just standing there, knowing he was in charge. He raised the gun and shot them. First, the man. The bullet exploded through the thin blanket, small shreds of green cloth filling the air like rain, the noise of the shot not as loud as he'd imagined it would be. As the woman leaped awake, her eyes flying open, he shot her in the mouth, marveled at the gush of blood and the way her eyes became fixed and frozen in shock. A mighty sneeze shook his body, the smell of gunpowder heavy in the air.
He wondered: Was there anybody else in the house who might have heard the shots? He went into the hallway, opened a door at the far end, saw a boy sleeping in a bed shaped almost like a boat, hair in neat bangs on his forehead. The boy's eyelids fluttered. Carl wondered whether he should shoot him or not. Then decided that the boy would be better off if he did. Terrible thing to wake up and find your mother and father dead. Murdered. Carl shot the boy as an act of kindness, nodding, feeling good about it, generous.
Carl Seaton had confessed his acts of murder almost eagerly, glad to provide the details that would lead to his own doom, his voice buoyant with relief. Which was often the case with those who finally acknowledged their acts.
Trent felt only contempt for Carl Seaton, although he had simulated sympathy and compassion during the interrogation. Acting was only another facet of interrogating subjects. If he felt any compassion at the moment, it was for Carl Seaton's parents. Carl was seventeen years old.
Meet the Author
Robert Cormier's many acclaimed novels include the classics The Chocolate War and I Am the Cheese. He is a recipient of the Margaret A. Edwards Award, honoring his lifetime contribution to writing for teens.
Brief Biography
- Date of Birth:
- January 17, 1925
- Date of Death:
- November 2, 2000
- Place of Birth:
- Leominster, Massachusetts
- Place of Death:
- Leominster, Massachusetts
- Education:
- Fitchburg State College
- Website:
- http://www.randomhouse.com/kids/author/cormier.html
Customer Reviews
Average Review:
Most Helpful Customer Reviews
See all customer reviews
Robert Cormier has done it again. This is a wonderful book. I read it in one day and could not put it down. Chapters are short and suspenseful. Of course, the end keeps you wanting more. I wonder if he planned a sequel while writing this. Unfortunately, we will never know the answer.
It wasn't the but but wasn't the worst It was slow but a page turner because you want to know who done it I wush it would have been longer then 65 pages!
How many pages is this book?
The story is of the brutal murder of a seven-year-old girl named Alicia Bartlett and the interrogation of a twelve-year-old boy, named Jason Dorrant, who is her friend and the last known person to see her alive. Trent, an expert interrogator, known to get confessions which seemed impossible to obtain and has never lost a case, is called in for the case. you will have to read the book to get the rest its a good book
In darckclans camp there is a small pile contaning the food,usaully it hadfrogs,voles,mice,and if were lucky a squirrle
My language arts teacher recomended this book and she warite to do it . This was an amazing book
This book was good got me into reading murder mysteries.
It was a good book, don't get me wrong, and i enjoyed the plot - but it went very fast and it was very short. The details could have been better, certain parts could have been drawn out, things could have been expanded on. I suppose i would recommend this for younger teens, but i would guess older teens/adults would more enjoy other books.
This book, written by Robert Cormier, is an exciting mystery! It will keep you on your seat, guess until the end! The Rag and the Bone Shop is perfect for anyone looking for a good "who did it?" type mystery. Description and summary of main points Twelve year old Jason is just a shy kid hardly any friends. The few friends he does have are around the age of seven. One little girl in particular, Alicia. She was playing cards with Jason just like a regular afternoon. But as soon as Jason left, it was reported that Alicia was found dead. Murdered. But by who? Jason was the last person to see her alive so he is brought in for questioning. He swears he's innocent. Well the interrogator switches everything Jason says to make it seem like he's a brutal murderer. It all drove him mad to turn himself in, even though he did nothing. Alicia's sister then reveals the truth of who the real murderer is. But it keeps Jason wondering if he was truly capable of murder. I think this was a very good book! It was hard to put down due to all the suspense! Although I did find it a little confusing because with every chapter, the author switches points of view by going back and forth between Jason and the interrogator. But one you got the hang of it, it got better and you can focus more on the story. In conclusion, I found that I particularly enjoyed this book because I like mysteries that keep you guessing. And this one truly delivered. I defiantly recommend this book to kids in the late years of middle school or early days of high school. This is a book to get hooked on. A good book that will keep you guessing until the very last page! I loved this book a lot and I think you will too! Robert Cormier has done a great job once again! He writes many books about mysteries so if you like this one, you'll love the others! Read this book!
This is the first piece of righting I have read by Robert, and I found it to be extremely slow and dragged out. The plot of the story, I found thrilling, although it seemed to take forever to get there. I found myself putting the book down constantly, and it was hard to pick it back up. One thing that I did enjoy about this book was the fact that he explained it so well that when I found out that Alicia had been murdered I was sad. This book tells about a young boy named Jason, and an older man named Trent. Robert tells the story from the two's perspectives, which I found hard to keep up with. The story tells about how Trent is feeling depressed, because his girlfriend has just passed and the sad interrogations are too much. But after the brutal death of Alicia Barton, the police call Trent to interrogate their only suspect, Jason. Who was reported to be the last one to see Alicia alive. Robert did a fantastic job keeping me on the edge on my seat! I was always wondering if it really was Jason or not! He also did a marvelous job of making me feel like I was there. Like he described how the murdered laid Alicia down, and pulled her dress down and fixed her hair. Although my thoughts about the books beginning were negative, in the end this was still I good read. I probably won't re-read this book again, but I will be checking out some of his other books. I would recommend this to anyone who likes mysteries. It was a good quick read and didn't take me more than a week to finish. Many of my friends have read this book and found it all to be quite thrilling, so if you have some time on your hands I would check it out.
Rag and Bone Shop The book rag and bone shop is told by the perspective of a man named Trent and a twelve year old boy named Jason. When Jason's friend Alicia is brutally murdered the police become very suspicious of Jason. Why is a twelve year old boy hanging around a seven year old girl when she has an older brother Jason's age? Jason is after all the last one to see Alicia alive and it all begins to make Jason look very bad in the eyes of the police. The town wants answers because if it wasn't Jason, then who killed her? This is when Trent an investigator who's known for getting confessions is called in. Trent also comes with some of his own set of problems, as you listen to his story. His girlfriend has recently passed away which has left him very upset. For a man who hears so many terrible things daily this seems unusual. This griping story was one I found hard to put down. Even though it has kind of a darker side to it I thoroughly enjoyed it and found it to be a quick read even though I am a slow reader. I would definitely recommend this book to anyone who like a little bit of mystery.


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|Message view
|« Date » · « Thread »
|« Date » · « Thread »
|Matt Solnit <msol...@soasta.com>
|Re: Unable to group by certain functions
|Fri, 06 Mar 2009 01:47:20 GMT
> > ij> SELECT ABS(a) FROM foo GROUP BY ABS(a); > > > > works fine. But if I use CEIL or FLOOR, I get an error: > I'm truly speculating here, but I wonder if this behavior is > because CEIL and FLOOR return floating point values, and therefore > have a certain amount of inexactness in them, which is unacceptable > for GROUP BY processing? Hi Bryan. Thanks for your response. This precisely one of the subjects that were debated in the 2006 thread (http://markmail.org/message/pggvaqh6ejg2dtf3). Here are some snippets: Daniel Debrunner: "Grouping by DOUBLE should be allowed since they can be compared. It's probably not advisable, but Derby's SQL should allow it." Bernt Johnsen: "A double is just a finite set of bits ... so it should work, even if it is not the most reasonable thing to do." And of course, it works fine in MySQL and PostgreSQL ;-). > I'm afraid all I can really do is to confirm that I see the > same behavior that you see, and it doesn't appear to be random, > but rather is intentional, and has to do with the fact that CEIL > and FLOOR are implemented differently than ABS. What's next? Should I submit an issue to JIRA? > bryan
|View raw message


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It's not the Ritz by a long shot, but we don't take a trip just to stay in a fancy room. It had everything we needed, pet friendly, clean, comfortable, everything worked, and it was very close to the convention center where I had business there. Didn't break the bank to stay there. I felt like we got a real bargain. Going back again in 2 weeks on business and we're staying there again. As long as I am getting clean, comfortable accommodations, I could care less whether it's "fancy" or not.
- Also Known As:
- Mountain Heritage Hotel Gatlinburg
- Mountain Heritage Motel


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This site is a central repository for third party applets and other resources suitable for use with Ovation Pro, the DTP application for RISC OS from David Pilling.
The official web site for the RISC OS version of Ovation Pro is at www.davidpilling.net/ovationpro/opr.html. The latest release of Ovation Pro for RISC OS is version 2.77, which may be obtained from http://www.davidpilling.net/ovationpro/opr.html. All upgrades are now referred to version 2.60 as the base version. If you have a version earlier than 2.60, then contact David Pilling to upgrade to the new CD version.
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As a matter of policy, I never consider dating a co-worker. If things go wrong, the consequences could be disastrous. I may not be able to focus on my job, even lose my job, or something worse. The stakes are too high, and I personally feel that risk is not worth taking, especially since there is no dearth of women outside my workplace. Suppose I feel someone at my workplace is perfect for me, I'd even go the extent of switching jobs if I really want to date her (hasn't happened yet, but just saying).
So what are your views about this? Are you open to dating a co-worker in spite of the risks involved, or would you rather not take that route?
- YesVote A
- NoVote B
- Yes, but only if it's a short term jobVote C
Most Helpful Girl
My boyfriend and I got hired to work at the same restaurant, but he works in the kitchen and I work front of house. As such, it's really not that big of a deal. I barely (if ever) see him while I'm there, so I don't think there's any harm in it. If you're constantly interacting with that coworker, however, I think it's a bad idea.00|00|0
Yeah, in your case there isn't much of an issue. But I work as a software developer, and in my profession I need to interact with a lot of co-workers on a regular basis (although it may not be every single day). And as and when we are allocated to different projects, someone I have never interacted much at work before, may actually become part of the same team I'm in. So its not really practical for me to date a co-worker.


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remove software from K1000 license compliance
Certain applications/ software in 'license compliance' gives a negative variance when the software is either: a freeware or does not require a license.
I've tried listing Add License > License Mode: Freeware and No Licensing
However, it still shows a negative variance. Is there any way to remove those applications under license compliance or to get rid of the negative variance that appears?
2 Comments [ + ] Show Comments
I would also like to know this, we have Microsoft Office Shortcut Bar XP showing under our office installs as unlicensed.
There are no answers at this time
Answer this question or Comment on this question for clarity


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Mobile development
Budjetti £20-250 GBP
Provide a brief description through showing a practical method of mobile hacking with a description.
48 freelanceria on tarjonnut keskimäärin 258 £ tähän työhön
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(Editor's note: This is part of a series on the Lafayette Parish School Board district races.)
LAFAYETTE — The two candidates for the Lafayette Parish School Board District 3 race have shared the ballot before, with Shelton Cobb emerging as the victor in that contest.
Cobb and his challenger, Elroy Broussard first vied for the position in 2008 in a special election to fill the seat vacated when Rickey Hardy resigned following his election to the Legislature in 2007. Cobb won the 2008 special election by 243 votes against Broussard, who came in second in a three-man race.
Broussard is Cobb's first challenger since he was re-elected to the seat in 2010 without opposition.
Cobb said he wants to remain on the board to ensure the district's turnaround plan receives the financial support it needs for implementation. The plan, which was created during the first months of Superintendent Pat Cooper's tenure in 2012, outlines programs and initiatives to improve the district's performance over a six-year period.
"The board at first had joined in with the community in supporting the turnaround plan, and for some reason or another we got derailed, and we're more concerned about personalities and individual things and not about the kids," Cobb said.
Broussard said he supports the plan but wants to see the board review the six-year guide for relevancy.
"We can take a look at it, critique it to what we need tomorrow because yesterday is gone," Broussard said.
Cobb criticized some members of the current board for not supporting the plan by backing it with funding.
Cobb said he'd like to see the new board use resources that are on hand and available — including the system's rainy day fund — to help support educational programs. The current board has been reluctant to touch the account, which includes money set aside to cover at least three months of operating expenses in cases of financial emergencies.
"Let's use it when we don't have the money we need to run the system as effectively and efficiently as possible," Cobb said of the rainy day fund.
Cobb said another option is asking voters to approve a 15-mill tax that expired a few years ago.
Last year, a community education plan committee suggested that the board consider some type of new tax — such as a combination of a property tax and sunset sales tax — to fund facilities and educational programming needs.
Broussard served on the committee and says while it would be a challenge to pass a school board tax without restoring the public's trust in the School Board, he thinks it's needed.
"T-a-x is a difficult word," Broussard said. "Nobody wants to say we need one, but I'm the first one to say I don't want to pay a tax, but it's needed. We've got to face reality."
He said a tax tied to education and facilities could win the support of voters. But, he said, the board has to show the public it is sincere and is getting the best value for the tax dollars it spends.
Cobb agreed the board should at least ask the public to consider a new tax.
"I'm not going to say that I'm going to force anybody to pay taxes, but we can ask," Cobb said. "They told us they want an A system. If they want it, we should ask them to put in."
Broussard said his current leadership roles in the community have prepared him to serve on the School Board.
He's chairman of the Lafayette Board of Zoning Adjustment and is a member of the Lafayette Parish Executive Committee. He's also a founding member of the Lafayette Parish Public Education Stakeholders Council, a public education advocacy group.
Cobb is a retired educator who has held administrative positions at the state level and as regional director of the area's technical colleges.
Cobb has served as president of the School Board during his tenure, and he remains one of two current board members who have supported Cooper. A third board member who has been a supporter of the embattled superintenent, Mark Cockerham, resigned from the board this week after an assistant district attorney determined that Cockerham vacated the seat when he moved out of his district.
Cooper has been under fire from a board majority and faces potential disciplinary action related to budgetary and personnel decisions he's made in the past two years.
The school system is operating at 50 percent of last year's budget because Cooper and the board are at odds over the 2014-15 budget. The state Department of Education's general counsel recently informed Cooper that the board didn't legally adopt the budget.
Cooper recently filed a lawsuit asking a judge to force the board to continue to use last year's budget and to allow the new board to make decisions about the 2014-15 budget.
Broussard said he thinks the current board should finalize the 2014-15 budget.
"The sitting board and Dr. Cooper should decide on what's needed," he said. "To ask a new board to come in and approve a budget they know too little about is asking too much of them."
Cobb voted in support of Cooper's proposed budget and opposed cuts made by a majority of the current School Board.
"What this board has decided to do is manage the budget line by line and item by item. That is not their responsibility," Cobb said.
Follow Marsha Sills on Twitter, @Marsha_Sills.


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The northeast Grand Rapids region, which extends up through Rockford to Cedar Springs and eastward to Greenville and Belding, is home to the Fredrick Meijer Gardens and Sculpture Park. You can find apartment living in a quiet country-setting … or if you are looking for city convenience, the northeast section of GR is rich with old established neighborhoods like Creston, Belknap, Midtown, Fulton Heights and the North End. Use the map or listings below to start your apartment search –
All GR Listings NE Grand Rapids NW Grand Rapids SE Grand Rapids SW Grand Rapids Downtown GR
- Jacklyn Apartments
- (616) 794-2405
- 121 Jacklyn Street, Belding, MI, 48809
- Flats on the River
- (616) 794-0370
- 101 South Front Street, Belding, MI, 48809
- Brentwood II Apartments
- (616) 794-1050
- 1180 Brentwood Street, Belding, MI, 48809
All GR Listings NE Grand Rapids NW Grand Rapids SE Grand Rapids SW Grand Rapids Downtown GR


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Discussion in 'Off Topic' started by DRE, Jun 24, 2013.
How much do you charge for creating a site for a business or person?
Personally, it depends. I usually range from 200-600 USD depending on the complexity, and work required
Looks like she wants a basic webpage that has information on the business. I might go with wordpress.
No screw that I'll try to convince her to get Xenforo.
Static site? Yeah, XenForo is EXACTLY what you need
Wordpress is awesome for sites like that. I wish you luck!
Depends. My daughter does this as a side business. She works with a client to develop their logo and brand, color schemes, designs and codes the website, sets up all the social media links/tie-ins, develops their marketing plan, sets up Google Adsense and Analytics, trains their staff in how to manage and interpret both, helps them develop unique content and works with them into increase their page rank and search engine results. As the site gets established, monitor bounce rates, tweak the SEO, establish marketing campaigns to drive traffic.
She charges $2000. Its about 30 days of setup and then another 5 months of support.
$25-$50 an hour + expenses
Depends on the site and complexity.
Usually starts at ~£400 ($600) for basic bread and butter html, and goes upto 5 figures for e-commerce.
When I was doing web design I used to charge around £500 ($770) for a 5-page site; it started out much lower but I found out, through experience, that clients liked to come back time and again to tweak this and that before they'd sign-off on the finished site, so you'd design it fairly quickly but in extreme cases end up going back to the drawing board because the client didn't like it. All of that took extra time and you had to account for that in the price.
If you can get down to specifics right at the very beginning and really define what the client wants at the start it'll make it easier to control and calculate.
I was never a top-drawer designer, but I did make sure the sites looked good and were easy to use - more practical than flashy.
Ironically im rather embarassed about my own showcase site, I scrapped the old one a few months back and started re-working it, but have since been caught up in loads of work so its half-finished.
$50 an hour usually.
Varies between free and up
I'm almost certain no one assumed you would be paying them to do it. Or, down.
1. Charge $400-600
2. Buy themeforest temp,ate and make customizations.
3. .????
4. Profit.
My goodness, prices have come down! I guess there are many people in it these days and many more tools that make it easier.
DRE, don't undersell yourself - your knowledge has a lot of value. Heck, the guy who sweeps the chimney makes $50 an hour or more. You should too.
A lot depends on the client. If they have money (a business) and are going to use the site to make money, they can afford to pay for the extra value you can give them (honesty, knowledge, response, etc.).
If it's just another site - well, then it's harder to get your real value.
That's good...assuming your client doesn't ask for something completely unique
I'm learning a lot from this thread. Thanks @DRE for starting it!
Now, to bootstrap.. To bootstrap.. Hmmm....
Bootstrap is a lifesaver <3
Foundation has a lot to offer as well.
The median for a web designer seems to be around $50,000 a year / $25 an hour.
Separate names with a comma.