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wow!! i am drooling … i want to live here!!
I haven't posted cottages in awhile and I know you all have been desperate to see more, so here is the oft-imaged town of Bibury, situated on the River Coin, in Gloucester England. I think this is the best photo I've seen of this idyllic place. (jeremy on flickr)
GOSH!! i need to own a place here …
Sheepscombe is a small village in Gloucestershire, in the Cotswolds region of England; that dates from around 1260. It was formerly a rural, agricultural village; but today is an expensive and highly select place to live. I suppose I can see why. This place is a dream. (image by purdey12345 on panoramio.com)


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@@Commissioner Stone moved that the following Resolution be adopted:
Letter of Credit No. 82-214-101 from Bank of Evergreen guaranteeing on account of OLD MINE, INC. the completion of public improvements located in the Old Mine Mini-Storage Subdivision in the amount of $13,960.00.
WHEREAS, pursuant to the duly adopted policy relating to the collection and enforcement of performance guarantees, the Jefferson County Department of Highways and Transportation did in writing dated April 10, 1992, formally notify The Old Mine, Inc. that the above-referenced Letter of Credit was due to expire on June 11, 1992, and further directing that it was their obligation (1) to either fully complete and have accepted the public improvement located within The Old Mine Storage Subdivision, or (2) to submit a new Letter of Credit to cover the remaining cost to complete the same including cost increase due to inflation; and
WHEREAS, after no response was received from The Old Mine, Inc., the Jefferson County Attorney did on May 11, 1992, formally notify The Old Mine, Inc. that unless an acceptable performance guarantee had been received on or before May 26, 1992, that he would submit a formal resolution to this Board authorizing the County Attorney's office to take immediate steps to make demand for payment on the aforementioned Letter of Credit No. 82-214-101 and its Amendments; and
WHEREAS, as of this date, June 1, 1992, no such substituted letter of credit or other acceptable performance guarantee has been tendered to either this Board or the Jefferson County Attorney's office; and
WHEREAS, it is the unanimous opinion of this Board that The Old Mine, Inc. has failed to complete the public improvements listed on Exhibit "A" attached hereto, which was guaranteed by Letter of Credit No. 82-214-101; and
WHEREAS, it is the unanimous opinion of the Board of County Commissioners of Jefferson County that immediate action must be taken to exercise its rights under said Letter of Credit or to obtain an acceptable substituted Irrevocable Letter of Credit, or other acceptable performance guarantee, in an amount of $13,960.00, and that such action is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Jefferson County.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of the County of Jefferson and State of Colorado, do hereby by these presence make, constitute and appoint Patrick R. Mahan, County Attorney, or Gay B. Ummel, Assistant County Attorney, or Claire Levy, Assistant County Attorney, or Carolyn D.C. Justice, Assistant County Attorney, County of Jefferson, State of Colorado, true and lawful attorney-in-fact for the Board of County Commissioners of the County of Jefferson, State of Colorado, in its name, place and stead to appear and make demand for immediate payment of Irrevocable Letter of Credit No. 82-214-101 in the amount of $13,960.00 and to take all steps necessary or convenient for the collection of said Letter of Credit, or at his or her discretion to review and accept in this Board's name, place and stead a substituted performance guarantee in the form of a Letter of Credit or other acceptable performance guarantee as shall be necessary to cover remaining public improvements in the The Old Mine Mini-Storage Subdivision.
BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute on behalf of the Board of County Commissioners a draft demanding payment of the $13,960.00 guaranteed by Letter of Credit No. 82-214-101 from Bank of Evergreen.
BE IT FURTHER RESOLVED that the Jefferson County Attorney, Patrick R. Mahan, or the Assistant County Attorney, Gay B. Ummel, Claire Levy, or Carolyn D.C. Justice is hereby and herewith directed to make such demand for payment for said $13,960.00 pursuant to Irrevocable Letter of Credit No. 82-214-101 on June 5, 1992, unless a substituted performance guarantee has been received and approved as stated above on or before that date, and, if said substituted performance guarantee has been so received and approved, then the Director of Administrative Services is hereby authorized to return to the developer the above-referenced Letter of Credit.
Commissioner Clement seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner John P. Stone AYE
Commissioner Rich Ferdinandsen ABSENT
Commissioner Marjorie E. Clement, Chairman AYE
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: June 1, 1992

subset: commoncrawl


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When ABC "World News" anchor Diane Sawyer reported Monday night that Alabamians had "no warning" of the tornadoes that killed two people in Jefferson County earlier that day, she got a strong disagreement from ABC 33/40 weatherman James Spann, The Birmingham News reported.
Spann began his Tuesday morning weather blog post with "NO WARNING? Get a clue." Spann wrote that the event was forecast days in advance and he said his team was "on the air non-stop from about midnight until almost 8 . Then Spann went to Twitter calling for a weather debate with Sawyer.
The network apparently got the message. On a segment about the Alabama tornadoes during Tuesday night's "World News," Sawyer reported that "forecasters started spreading the word last Thursday, days before the storm."
Our online community didn't need to be schooled on the issue. Having read about the dust-up, the online community broke out in cheers for the Birmingham weatherman's work -- or at least most of them cheered. Read some of what people are saying:
• "Weather God - 1
"Diane Sawyer - 0" -- 5th_Estate
• "James Spann is the best!
"There is just no way to measure how many lives were saved on 04/27/11 and again this week in Alabama due to his relentless reporting!
"Thank you for all you and your weather team do James!" -- Auburn Tiger 72
• "I am so glad someone noticed this besides me. I was furious but, didn't know what to do about it. I very seldom watch national news but, just happened to be sitting watching instead of cooking the night meal. We were warned for days and hours before it hit. These people in the big cities don't really care enough about the "rednecks" of Alabama to check out the facts. There could not be a more caring or knowlegable person than James Spann. We feel we are blessed to have someone like him to guide us through these tough times. Bahhaahahaha to Diane Sawyer. She should be cleaning the floors at ABC. " -- Mama B
• "Of all the people to attack an anchor, James works side by side with them, and he knows they are just readers. They read what other people write. This has nothing to do with Diane Sawyer. She read the words a writer produced and were scrolled across a prompter. This is nothing more than self promotion for James. If all he wanted to do was correct it, a call to the producer, explaining they had been on the air warning people hours before the storm hit would have corrected the mistake." -- silverpigeon


text:
Beverly Joan Hagan, 70 - March 09, 2010
Memorial services will be held Thursday, March 11, at 10:30 a.m. at the American Lutheran Church of Gothenburg with the Rev. Matthew Groenke officiating. Burial of ashes will take place at the American Lutheran Cemetery.
Register book signing will be held from 9 a.m.-5 p.m. March 10 at Blase-Strauser Memorial Chapel of Gothenburg.
Hagan was preceded in death by: her son, Thomas Hagan; a daughter, Christiana Davis; her parents, Raymond and Verna.
Survivors include: her daughter, Charleen (Brett) Wolf of Eustis; daughter-in-law, Amber Hagan of Cozad; grandsons—Cody Hecox, Carrick Fenstermacher and Christopher Davis; granddaughters—Nichole Hagan, Kaycia Hagan, Belle Hagan and Shadow Fisher; great-grandchildren—Creighton, Asher, Brecken, Michael and Gabriel; special friends, Sandy and Adaline.
For a complete obituary, see the print edition of the Gothenburg Times or purchase an e-subscription for only $25 per year for the complete paper on-line each Wednesday afternoon.
Latest Headlines
- Consultant retained for Lake Helen City engineer finalizing design
- Surveys reveal BBQ challenge successful
- Tears, laughter, dancing highlight GHS graduation
- 'Circle of Friends' said to be successful
- Tiani Reeves leads a group of five Swede state qualifiers
- Swedes place 8th at Cozad Invitational
- Golfers improve on West Wind course
- Legion baseball season begins May 23


text:
I would like to know cause im making a team and he would be good to get.
Yes but only in pokemon white you can find rufflet in route 10 route 11 and victory road
and you can find braviary in route 11 and villge bridge
How to change your username How to add a user avatar Why was my post hidden? Question etiquette Flags vs Downvotes Anime FAQ Official PokemonDb League
Type a Pokemon name, type, move or ability to see instant results.


text:
Continuing the tradition of looking back over top ten legal developments in FOSS, http://lawandlifesiliconvalley.com/blog/?p=664 my selection of the top ten issues for 2012 are as follows:
1. Android Patent Litigation. The litigation surrounding the Android operating system has continued around the world. Although some of the cases have settled, the litigation has continued to result in multiple decisions in different countries. One of the most important decisions occurred in Silicon Valley: on August 24, 2012, the jury awarded Apple Computer, Inc. ("Apple") $1.05 billion in damages for Samsung's violation of its patents. The decision is particularly interesting because the lawsuit involved four design patents and three utility patents (Since we represent some of the parties in other matters, I offer no opinion on the correctness of the decision). Many intellectual property lawyers have been skeptical about the value of design patents, particularly in comparison to utility patents. This decision will undoubtedly cause a re-assessment of the value of design patents. However, more recently, in the same case, the judge refused to grant Apple a permanent injunction against the distribution of the Samsung products found to be infringing. This decision will be appealed and we will not know the final answer for some time. The multiple cases will undoubtedly continue next year.
2. Protection of APIs: Oracle v. Google. A separate but related case also involved the Android operating system. Oracle sued Google for the alleged infringement of Oracle's copyrights in the Java software (which it had acquired from Sun Microsystems, Inc.) and certain Oracle patents. Oracle alleged that Google's Android operating system infringes the copyrights in "twelve code files and 37 specifications for application programming interface packages". The results of the dispute were complicated because the judge first had the jury make a decision about copyright infringement but reserved for himself the decision about whether the application programming interfaces ("APIs") were copyrightable. Thus, in early May, the jury found that Google had infringed the copyrights in Oracle's APIs (although they deadlocked on whether the copying was "fair use"). However, at the end of May, Judge Alsup issued a decision finding that the Java APIs were not protectable under copyright law. The decision is one of the first on this issue. The critical part of the decision stated:
So long as the specific code used to implement a method is different, anyone is free under the Copyright Act to write his or her own code to carry out exactly the same function or specification of any methods used in the Java API. It does not matter that the declaration or method header lines are identical.
Under the rules of Java, they must be identical to declare a method specifying the same functionality — even when the implementation is different. When there is only one way to express an idea or function, then everyone is free to do so and no one can monopolize that expression. And, while the Android method and class names could have been different from the names of their counterparts in Java and still have worked, copyright protection never extends to names or short phrases as a matter of law.
Although the decision is carefully limited to the facts of the Oracle case, it strongly suggests that judges will provide more limited protection to computer software under copyright law: This order does not hold that Java API packages are free for all to use without license. It does not hold that the structure, sequence, and organization of all computer programs may be stolen. Rather, it holds on the specific facts of this case, the particular elements replicated by Google were free for all to use under the Copyright Act. (Since we represent some of the parties in other matters, I offer no opinion on the correctness of the decision).
If it is upheld, the decision has important implications for the scope of FOSS licenses: the GPL family of licenses is generally viewed as imposing obligations on "derivative works" as defined by copyright law. The combination of more limited scope of copyright protection for computer software and the rise of "loosely coupled" programming techniques using APIs may limit the scope of these licenses.
3. EU Copyright Law Does Not Protect Computer Language and Functions. The SAS Institute, Inc. ("SAS") v. World Programming, Limited ("WPL") decision in the European Court of Justice involved the scope of copyright protection for computer programs and has important implications for FOSS and the scope of "derivative works" under copyright law http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-05/cp120053en.pdf. The case addresses issues similar to the Oracle v. Google case described above (in fact, Judge Alsup asked for a briefing from the parties in the Google case after the SAS decision was announced).
The case involved the copying of the scripts and certain functions of the SAS analytical software. The SAS software enables users to write and run their own application programs in order to adapt the SAS software to work with their data. These "application programs" are called "scripts" and are written in a language which is peculiar to the SAS software. WPL recognized that a market existed for alternative software capable of executing application programs written in the SAS language. WPL produced the 'World Programming System', designed to emulate the SAS components as closely as possible in that, with a few minor exceptions, it attempted to ensure that the same inputs would produce the same outputs. This approach would enable users of the SAS software to run the "scripts" which they have developed for use with the SAS software on the 'World Programming System'.
The court found that such functions and programming language were not protected under the EU Directive on Protection of Computer Programs:
Article 1(2) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs must be interpreted as meaning that neither the functionality of a computer program nor the programming language and the format of data files used in a computer program in order to exploit certain of its functions constitute a form of expression of that program and, as such, are not protected by copyright in computer programs for the purposes of that directive.
Similar to the Google decision, this decision has important implications for the scope of FOSS licenses. As I noted above, the GPL family of licenses is generally viewed as imposing obligations on "derivative works" as defined by copyright law. The combination of more limited scope of copyright protection for computer software and the rise of "loosely coupled" programming techniques may limit the scope of these licenses.
4. Expansion of Open Source Initiative. The Open Source Initiative ("OSI") has decided to broaden its base by expanding its role as an advocacy organization. The OSI has reached started membership programs for individuals and affiliated organizations (as a matter of transparency, I am outside general counsel to the OSI on a pro bono basis). OSI describes this change as follows: "The OSI is moving its governance from a model of volunteer and self-appointed directors to one driven by members. Our high-level objectives in doing so are to provide a broad meeting place for everyone who shares an interest in open source software, with the continuing aim of strengthening the OSI so that it can more effectively fulfill its goals over the long term." The Affiliate Program has successfully signed up over twenty open source organizations include among others the Linux Foundation, Mozilla Foundation, Debian and OW2.
5. Unlicensed FOSS. One disturbing trend is the posting of FOSS modules without licenses. Simon Phipps focused on this problem in his recent blog, particularly on the problems raised by the terms of service at Github. James Governor, the founder of analyst Red Monk, is quoted by Simon as stating: ""younger devs today are about POSS - Post open source software. f*** the license and governance, just commit to github" http://www.infoworld.com/d/open-source-software/github-needs-take-open-source-seriously-208046. As I mentioned in my earlier post, http://lawandlifesiliconvalley.com/blog/?p=708, this approach will undercut the major desire of most FOSS developers: the broad use of their code. The lack of a license ensures that the software will be removed from any product meant to be used by corporations. Corporations are very sensitive about ensuring that all software that they use or which is incorporated in their products is properly licensed. I have worked on the analysis of hundreds of software programs and the response to software without a clear license is almost always "rip it out". In addition, as I discuss in more detail in the post, this approach could also subject the developer to liability under the Uniform Commercial Code (an admittedly low probability).
6. Qualification of FOSS under the Trade Agreement Act. Talend, a licensor of open source enterprise software, has recently received a ruling from the U.S. Customs Service corroborating that its software complies with the Trade Agreements Act of 1979 (19 USC 2511 et seq.) ("TAA"). FOSS adoption by the US Federal government must comply with many regulations, some of which can be difficult given the nature of modern software development. The details of the approval are found in my earlier post http://lawandlifesiliconvalley.com/blog/?p=697.
7. Contributor Agreements Redux. Recently, the issues of contribution agreements arose in the departure of Nikos Mavrogiannopoulos from the GnuTLS project http://lwn.net/SubscriberLink/529522/854aed3fb6398b79. As the primary drafter of the Harmony Project contribution agreements, I have had an opportunity to consider these issues in detail http://lawandlifesiliconvalley.com/blog/?p=664. GnuTLS is "a secure communications library implementing the SSL,TLS and DTLS protocols". The project was commenced in 2000 under the GNU project. As is true of all GNU projects, the copyrights in the contributions are assigned to the Free Software Foundation ("FSF"). When Nikos left, Richard Stallman reminded him that he could fork the project, but that the FSF would retain ownership of copyright in the project code. The LWN article concludes that the basis for copyright assignment "seems to be weak". I disagree with this conclusion and Bradley Kuhn makes some very cogent arguments in the comment sections. Copyright assignment does provide the manager of the FOSS project (in this case, FSF) with significant advantages in enforcement as well as changing the license of a project. Without an assignment, a licensee can raise several potential defenses (such as a license from an alleged joint copyright owner) whose strength is uncertain. In addition, any change in the project license would require the approval of each contributor to the project. However, copyright assignments also mean that the community needs to be comfortable that the project strategy of the project manager is aligned with the community. However, as FOSS projects continue for a longer period, this alignment may be more difficult to determine in advance. And this approach also poses practical problems for the FOSS project manager: the project manager needs to be very disciplined about getting the written assignments from all contributors. Such assignments may be difficult to obtain from developers employed by a corporation because corporations are reluctant to assign intellectual property rights. This dispute emphasizes the importance of FOSS projects and their contributors carefully considering the needs of the project when deciding on how to obtain the necessary rights in contributions. Project Harmony provides information and proposed agreements to assist FOSS projects to make these decisions http://harmonyagreements.org/. Once determined, the method of implementation of a contribution agreement is important: the Eclipse Foundation also provides an excellent summary of their approach to due diligence issues relating to accepting contributions http://www.eclipse.org/legal/EclipseLegalProcessPoster.pdf.
8. Rise of Open Source Collaborations. Open source collaborations have become an increasingly important strategy for companies to address major software development problems. This trend is best illustrated this year by the creation of the OpenStack Foundation ("Foundation"). The Foundation takes over the OpenStack project from a Rackspace who had managed project for several years (as a matter of transparency, I represent the Foundation). OpenStack is a cloud operating system that controls large pools of compute, storage, and networking resources throughout a datacenter. The Foundation is run by a board of twenty four members, with eight members representing individuals, eight members representing Gold Members and eight members representing Platinum Members. The Foundation has over 150 corporate members and more than 6,000 individual members http://www.openstack.org/. In a second example, Deutsche Bank announced in September the formation of the Lodestone Foundation to coordinate the development of IT solutions for capital market companies http://lodestonefoundation.com/. The OpenStack Foundation and the Lodestone Foundation join the many foundations who manage open source collaborations for combinations of corporations which include, among others, the Linux Foundation, Genivi Alliance and Eclipse Foundation.
9. UK Government Adopts Open Standard Principles. The UK government adopted Open Standards Principles in government IT procurement through a Cabinet Report http://www.cabinetoffice.gov.uk/resource-library/open-standards-consultation-documents. The report adopted Open Standards to encourage "software interoperability, data and document formats in government IT specifications." One of the goals of the adoption of the Open Standard Principles was to ensure that FOSS and proprietary software could compete on an equal level. One important requirement of UK Open Standard Principles is that the patent rights for the standards must be available on a royalty free basis: "rights essential to implementation of the standard, and for interfacing with other implementations which have adopted that same standard, are licensed on a royalty free basis that is compatible with both open source and proprietary licensed solutions. These rights should be irrevocable unless there is a breach of licence conditions." Government remains a significant potential market for FOSS companies but their procurement procedures continue to hinder such adoption (see discussion of Talend's success with the Trade Agreement Act above).
10. More Standardized Process on FOSS Compliance by Large Companies. In my practice, I have seen an acceleration of an existing trend: many large companies are much more focused on FOSS compliance and are developing standardized procedures to ensure compliance. I work with many small companies entering into commercial relationships with large companies as well as large companies entering into commercial relationships and purchasing smaller companies. Although some technology companies have developed and implemented such procedures for commercial relationships for several years, such processes have recently become much more widespread and sophisticated. They range from elaborate contractual provisions relating to remedies to special procedures for "remediation" through removal of certain modules and developing functionally compatible software. Although a limited number of technology companies have also implemented a separate due diligence process for FOSS compliance in acquisitions for several years, these practices are also spreading more widely to both technology companies and non-technology companies. Acquiring companies are even willing to change the form of a transaction to avoid potential FOSS compliance problems: recently, I worked with a company that shifted an acquisition from a merger to a sale of assets primarily based on FOSS compliance concerns. This development emphasizes the need for small companies to have a structured approach to the management of the use of FOSS and to be able to demonstrate such management to both potential commercial partners and potential acquirers.
]]>At the end of the day, I attended the Sierrra Ventures CIO Summit cocktail party (yet another good reason to have Sierra Ventures as an investor) and Jed York of the 49ers was discussing the role of technology in the new Santa Clara stadium (it sounds like it will be spectacular). Yet he also focused on the need to encourage collaboration with the Silicon Valley community to take advantage of the possibilities presented by the technology infrastructure of the new stadium.
From cloud computing to sports, collaboration has become central to business success in the 21st century.
]]>Continuing the tradition of looking back over top ten legal developments in FOSS, http://lawandlifesiliconvalley.com/blog/?s=top+10+2008&x=40&y=6, my selection of the top ten issues for 2011 are as follows:
1. Android Patent Litigation. One of the most widely reported legal developments in FOSS has been the patent wars surrounding the Android operating system. Over 40 patent cases are pending between a wide variety of parties, including Motorola Mobility, Inc., HTC, Samsung Electronics, Inc. and Apple Computer, Inc. This year saw several decisions in these suits. In Australia, Apple won a trial court decision which enjoined the distribution of Samsung's Android tablets based on a claim that the Samsung tablet violated Apple's design patents. However, after a series of appeals, Australia's High Court overturned the injunction and Samsung can now distribute its tablets. Apple was more successful in Germany where it was successful in obtaining an injunction based on Apple's design patents which prevents the distribution of Samsung's Galaxy Tab 10.1 (however, Samsung has released a revised version named the Galaxy Tab 10.1N). Apple was not successful in obtaining an injunction against distribution of Samsung's Galaxy Tab in the United States, although the judge stated that Apple's design patents might be infringed. More recently, on December 19, the ITC ruled that HTC's Android phones violated two claims of an Apple utility patent and issued an "exclusion order" for HTC Android phones which would take effect on April 19, 2012. HTC has announced that it will provide a workaround. Google has been handicapped by its lack of patents to assert in defense of Android (it started with only 600 patents, but is aggressively buying new patents and has agreed to purchase Motorola Mobility, Inc., primarily for its patent portfolio).
2. Oracle v. Google. A separate but related case is Oracle's suit against Google for the alleged infringement of Oracle's copyrights in the Java software (which it acquired from Sun Microsystems, Inc.) and certain Oracle patents by Android. Oracle is asserting that the Android operating system infringes the copyrights in "twelve code files and 37 specifications for application programming interface packages". The decision on this claim could have a significant impact well beyond this case: most software lawyers have viewed APIs (and their specifications) as either having no copyright protection or very limited copyright protection. These views govern the interpretation of both FOSS and proprietary licenses. The court described APIs as follows:
Conceptually, an API is what allows software programs to communicate with one another. It is a set of definitions governing how the services of a particular program can be called upon, including what types of input the program must be given and what kind of output will be returned. APIs make it possible for programs (and programmers) to use the services of a given program without knowing how the service is performed. APIs also insulate programs from one another, making it possible to change the way a given program performs a service without disrupting other programs that use the service.
If Oracle prevails and the court finds that APIs are copyrightable, lawyers will need to rethink how they interpret both FOSS and proprietary licenses. The issue could be particularly important in determining whether interactions between software programs licensed under GPLv2 or GPLv3 create, respectively, "derivative works" or a "modified version" and, thus, impose the license terms of GPLv2 or GPLv3 on the software modules with which they interact. The first significant decision in the case rejected Google's attempt to eliminate the claims through summary judgment (Google won only on a single minor point). http://www.scribd.com/doc/65143317/Oracle-v-Google-Denial-of-Google-s-Summary-Judgment-Motion. However, this decision is not surprising because summary judgment is generally used for settled issues of law; the copyright issues in this case are on the cutting edge of the law.
3. Perfect 10 v. Google. Although this case was not strictly about open source software, it established a critical principle for remedies for copyright infringement. These remedies also apply to enforcement of copyright licenses in certain situations. For decades prior to this decision, the presumption was that the remedy for copyright infringement was always "injunctive relief". Injunctive relief means that a court orders an "infringer" to comply with the terms of the license. The Perfect 10 decision in the Ninth Circuit Court of Appeals made clear that "injunctive relief" is no longer a remedy which is always available for copyright infringement. Instead, the court stated that : We therefore conclude that the propriety of injunctive relief in cases arising under the Copyright Act must be evaluated on a case-by-case basis in accord with traditional equitable principles and without the aid of presumptions or a "thumb on the scale" in favor of issuing such relief.
Injunctive relief is an unusual remedy for breach of license agreements, because under Anglo Saxon law, the standard remedy for breach of contract is monetary payment. However, a remedy of monetary damages has little value for breach of open source licenses because the open source software is generally distributed at no cost. The Perfect 10 decision undercuts the value of the Jacobsen decision to the open source community. In Jacobsen, the Court of Appeals of the Federal Circuit decision found that injunctive relief was available for open source licenses if the relevant obligations were drafted to make them a "restriction" on the scope of the license rather than just a contractual obligation (a "covenant") http://lawandlifesiliconvalley.com/blog/?p=65. However, the other standard copyright law remedies such as attorneys fees, actual damages and, potentially, statutory damages remain available. However, injunctive relief, the most valuable of remedies, may be more difficult to obtain to enforce open source licenses.
4. Publication of Software Package Data Exchange ("SPDX") Specification. The management of open source software in the supply chain has been a continuing problem. However, the open source community has been working to find a solution to this problem. The work has been guided by the SPDX Group (the SPDX Group is a working group of the Linux Foundation and is associated with FOSSBazaar) which has developed the SPDX specification as a standard format for describing the components, licenses and copyrights associated with a software package. For example, SPDX Group has identified seven versions of the General Public License version 2, the most commonly used open source license. If widely adopted, SPDX will be critical to effectively manage open source software as it becomes more widely used in the supply chain. As noted in the Harvard Business Review blog by Gartner Group, the ubiquity of the use of open source software has not been matched by effective management of its use http://blogs.hbr.org/cs/2011/03/open_source_software_hits_a_st.html.
5. Revision of Mozilla Public License. The Mozilla Public License is one of the most popular open source licenses. After eighteen months of work, Mozilla has announced a new version. The Mozilla Public License version 2 ("MPLv2") is a much simpler, shorter and more usable license. The new license has adopted approaches (and sometimes the terms themselves) from other open source licenses: the patent license provision was adopted from the Apache license and the termination provision from the General Public License version 3. In addition, Mozilla has made the MPLv2 compatible with the Apache license. And MPLv2 has also included a provision to make the license "compatible" with other licenses. For example, MPLv2 permits distribution of code under the MPLv2 with other modules licensed under GPL variants (GPLv2, GPLv3, APGL and LPGL) if such modules are part of a "Larger Work" (unless the notice in the software states that the software is "Incompatible with Secondary Licenses"). However, these differences mean that the transition to the MPLv2 for existing projects will require careful thought.
6. Cybits Decision in Germany. This decision makes clear that companies cannot alter the terms of software licensed under GPLv2. AVM is a manufacturer of FRITZ!Box router, a digital subscriber line DSL terminal, which uses the Linux Kernel as a part of their production firmware (which is licensed under GPLv2). Cybits, a software producer, distributes the Internet filtering software "Surf-Sitter DSL", which is intended to protect children. The Surf-Sitter application downloads FRITZ!Box software to the user's computer, modifies it and then reinstalls it back on the FRITZ!Box.
AVM claimed that Cybits did not have the right to modify the part of the FRITZ!Box firmware which was licensed under GPLv2. The court rejected AVM´s claims that Cybits should not be permitted to alter the firmware of AVM and denied that Cybits had infringed AVM´s copyright by distributing Surf-Sitter. The court found that the firmware is a collective work, which contains modules licensed under GPLv2. Cybits or any third party may modify the GPLv2 licensed software. Thus, AVM is not able to control any modifications to the GPL licensed components of the FRITZ!Box firmware.
7. Project Harmony Publishes Standardized Contributor Agreements. Many commentators have complained about the problems raised by the number of licenses approved as "open source", a problem frequently referred to as "license proliferation". Yet a similar problem is lurking in the development of open source software: the contribution agreements which govern the rights provided by contributors to a project. Project Harmony was a community effort to resolve this problem in advance by developing a set of standard agreements which can be adopted by open source projects http://www.harmonyagreements.org/about.html.
Many open source projects use the "license" for the project as a contribution agreement, but a variety of separate open source contribution agreements have developed over time, from the Apache Contributor Agreement to the Joomla Contributor Agreement http://community.joomla.org/images/JCA_General_Draft.pdf. Although many open source projects can use their standard open source license (i.e. GPLv2 for Linux or Mozilla Public License for the Mozilla browser) as the "contribution agreement", this approach "locks in" the open source project to that license. If the open source project wishes to change the license (such as the change of OpenOffice project from GPLv2 to Apache), this approach would require that each contributor agree to the change. A good example of the potential for problems with this approach is the Open Street Map Project ("OSM Project"). The OSM Project has been struggling with shifting from a Creative Commons license to a more appropriate Open Database License http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ. After three years, the transition is still not complete. Finally, the OSM Foundation has given up on obtaining agreement from the remaining contributors and will probably delete contributions from contributors that have not agreed to shift to the new license http://en.wikipedia.org/wiki/Open_street_map#Licensing. In addition, open source licenses do not deal with a number of other issues which should be addressed by contribution agreements, such as contributions by minors and changes of license. Project Harmony also makes it easier for corporations to contribute to open source projects by avoiding the complexities of managing the differing terms of these new contribution agreements. The Project Harmony standard contribution agreements permit projects to make a choice between a license or assignment approach and, then, select among several options to change licenses in the future (without obtaining permission from each contributor.
8. Dispute over Koha Trademark. The importance of the protection of trademarks to open source projects was illustrated by the recent dispute over the Koha trademark between Horowhenua Library Trust ("HLT") and a commercial company, PTFS, http://koha-community.org/update-2/. HLT manages the Koha open source project. PTFS filed for trademark protection for Koha in New Zealand after it had acquired a company which used the trademark and the trademark was, then, registered by the New Zealand government. Upon registration of the Koha trademark, HLT complained and appealed for help. Subsequently, PTFS agreed not to enforce the trademark and even to transfer the trademark to HLT http://patentbuff.com/2011/11/koha-alls-well-that-ends-well_28.html?spref=tw.
9. The Meaning of Open Source. The power of the community to police the misuse of "open" was demonstrated by Nokia's attempt to claim that the Symbian mobile operating system was "open" for business http://www.groklaw.net/article.php?story=20110402143136766. However, the Symbian license is not consistent with the Open Source Definition. The copyright license in the Symbian license is as follows:
Subject to the terms and conditions of this Agreement, Nokia hereby grants to You a personal, non-exclusive, non-transferable, irrevocable (except as set forth in Clause 7.1 and 7.2 below), royalty-free and worldwide license under Copyrights licensable by Nokia to: i) reproduce and modify Source Code Components; ii) reproduce Binary Components and Documentation; iii) use and reproduce Utility Software, and iv) publicly display, distribute and make available (a) the Source Code Components to third parties that have acquired a valid source code license from Nokia; and (b) Utility Software, Binary Components and Source Code Components in binary form to third parties, (c) Documentation in unmodified form in all cases i)-iv) solely as part of the Symbian Platform or for use with the Symbian Platform, under the terms and conditions of this Agreement.
The agreement requires a separate license for source code from Nokia and limits the use to the "Symbian Platform." Nokia was forced to "correct" their original statement to "open for business" rather open source http://symbian.nokia.com/blog/2011/04/04/not-open-source-just-open-for-business.
10. Open Hardware License. The open hardware movement received a boost when CERN published an Open Hardware License ("CERN OHL"). The CERN OHL is drafted as a documentation license which is careful to distinguish between documentation and software (which is not licensed under the CERN OHL) http://www.ohwr.org/documents/88. The license is "copyleft" and, thus, similar to GPLv2 because it requires that all modifications be made available under the terms of the CERN OHL. However, the license to patents, particularly important for hardware products, is ambiguous. This license is likely to the first of a number of open hardware licenses, but, hopefully, the open hardware movement will keep the number low and avoid "license proliferation" which has been such a problem for open source software.
]]>Smartphones are a dramatic example of collaboration: the bill of materials for the iPhone shows that Apple only provides the operating system for the device. Android represents another step in this evolution where even the operating system is provided by a third party. The disruptive nature of these new reality is demonstrated by the dramatic fall of Nokia's market share in smartphones (I discussed these issues in more detail in my presentation on the new rules of innovation at the IBF Corporate Venture and Innovation conference in February http://www.docstoc.com/docs/83629007/Managing-Innovation-for-Global-Entrepeneurs-and-Large-Companies).
At the conference, Frank MacKenzie, IP Counsel from Ford Global Technologies, stated directly that intellectual property at Ford has a much higher profile. He described how the automobile industry has changed dramatically recently because of the integration of a much greater amount of third party technology into new cars; he mentioned Sync and Mytouch as technologies which Ford has licensed from third parties. Even in the traditional automobile business, he noted that intellectual property is very important: he described how the sale of Volvo was initially viewed as the transfer of "hard" assets and a brand, but it became clear during the negotiations that intellectual property relating to the car manufacturing was a critical element of the deal for the buyer.
The most interesting presentation was by Ruud Peters, the Chief Innovation Officer of Philips NV, who described that evolution of the integration of intellectual property into business at Philips over the last twelve years. At the beginning, intellectual property was viewed as a "defensive" asset, but intellectual property is now a key part of all business strategies developed at Philips. His summary of the new attitude was: "Business strategy without an IP strategy is not a business strategy".
Yet Android continues to be a very complicated product from a licensing point of view http://lawandlifesiliconvalley.com/blog/?p=635. Peter Vescuso of Black Duck and I worked to provide a summary of the issues in managing licenses in software development based on the Android operating system http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202495469387 . I have included a more detailed legal perspective http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202495473435.
]]>Karim Yaghmour of Opersys provided a great overview of Android and its critical subsystems http://www.opersys.com/blog/abs-march2011. However, his presentation brought home the challenges of managing Android: he mentioned in passing that he was unhappy with the performance of the Android Toolbox, the component which Google substituted for BusyBox for Toolbox. He regularly substitutes BusyBox for Toolbox (one Android site had more than 25,000 downloads of BusyBox). BusyBox is described as follows;
a software application that provides many standard Unix tools, much like the larger (but more capable) GNU Core Utilities. BusyBox is designed to be a small executable for use with the Linux kernel, which makes it ideal for use with embedded devices. It has been self-dubbed "The Swiss Army Knife of Embedded Linux".
According to Black Duck, Android Toolbox is a collection of 66 files, 52 are under the Apache 2.0 license and 14 are under BSD. Both the Apache 2.0 and BSD licenses are very permissive. However, BusyBox is licensed under the GPLv2, a copyleft license, which has very different and much more significant obligations, particularly the obligation to make the source code available either with the object code or through a written promise. More importantly, the license to BusyBox is the most actively enforced license in open source. The Software Freedom Conservancy and the Software Freedom Law Center have filed at least seven lawsuits (with many other disputes settled with ligitation) to enforce the GPLv2 license on BusyBox. Last year, they won $90,000 in damages from Best Buy.
Thus, a reasonable technical decision can dramatically change the obligations of the distributor. Since the GPLv2 is a "conditional" license, the failure to comply with these terms means that the license terminates automatically without a cure period. Thus, the distributor would be a copyright infringer. Since products including Android are frequently mass market products, the consequences could be significant liability arising from millions of unlicensed units. This reality demonstrates once again the need for careful management of the use of Android and clear communication between the developers and the relevant counsel.
]]>I provided my traditional Legal Update on Thursday (which you can see at http://www.docstoc.com/docs/76174077/Open-Source-Think-Tank-2011-Legal-Update). The success of open source has had consequences: it has focused attention of rights holders on the industry and made some open source companies targets for legal action. For example, Android's success has been undercut by a tidal wave of litigation (with more than thirty eight lawsuits filed to date). I believe that these challenges (and its modest existing patent portfolio) are the motive for Google's decision to bid $900,000,000 to purchase Nortel's patent portfolio.
The ubiquity of the use of free and open source software has also resulted in many companies are demanding that their suppliers provide information on their use of free and open source software and how they comply with their licenses. Yet as recently noted by Laurie Wurster in her Harvard Business Review article, many companies have yet to adopt a formal approach to managing their use of free and open source software http://lawandlifesiliconvalley.com/blog/?p=619. At the request of our attendees, we addressed this management issue in a separate workshop.
The most interesting discussions were about the effect of cloud computing on open source. It was the subject of two panels and a brainstorming session. Nine out of ten groups in the brainstorming session believed that cloud computing was good for open source. However, attendees generally agreed that cloud computing undercuts two of the traditional advantages of open source: (1) low cost and (2) ease of use. Yet the flexibility of open source development techniques continue to provide significant advantages.
The attendees also agreed that open source companies (like all software companies) need to review their business models as customers in the cloud begin to expect "pay as you go" pricing. The tools in the cloud also permit very granular information on the use and interest in various features of a software program and the contributors who have provided those features: this capability may permit open source projects and companies to reward contributors directly for the success of their contributions.
The workshop led by AOL provided a great opportunity to work together to apply our cumulative experience in open source to real world problems. The conference works under Chatham House rules so you will need to see the results of those discussion.
As in the past, we included plenty of time to socialize with the other attendees. First Republic Bank put on a great cocktail party on Thursday, including tasting Araujo cabernet in their tasting (one of the cult cabs). The shift in venue from Napa to Sonoma enabled us to experience a new region of the wine country: Friday afternoon included tours at Chateau St Jean and Ledson (although Andrew somehow found wineries in Sonoma, the heart of Pinot Noir country, which focused on cabernet sauvignon). A hardier group went for a bike ride, but they split into the "wine group" who tasted and rode 12 miles; the hard core cyclists led by Peter Vescuso of Black Duck rode 30 miles. I think that the combination of topics and attendees made this Think Tank the best one to date.
We are already planning for next year, so please provide us with your suggetsions. As in the past, Andrew is working on a white paper which will provide more detail about our discussions. I look forward to the white paper to continue the dialog!


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Our Mission: The Wisconsin Innocence Project (WIP) seeks to exonerate the innocent, educate students, and reform the criminal justice system by identifying and remedying the causes of wrongful convictions.
The revelation of wrongful convictions has shaken up the criminal justice system. Nationwide, law students in innocence projects across the country have worked to free hundreds of wrongly convicted inmates, giving them their lives back after years of unjust incarceration. Law students in the Wisconsin Innocence Project have worked to free sixteen people, relying in some cases on cutting-edge DNA technology, in other cases on old-fashioned investigation. Through their work on these cases, the students learn about the operation of the criminal justice system and how our system, often touted as the best in the world, can sometimes go awry. In proving innocence years after a conviction, the students gain insight into how a wrongful conviction can occur, and how it might have been prevented.
WIP in the News:
WIP Client's Conviction is Overturned After DNA Testing
Read Professor Findley's New Article, Understanding Failed Evidence
Read Professor Ion Meyn's New Article, Discovery and Darkness: The Information Deficit in Criminal Disputes
The National Registry of Exonerations
Featured Case:
Seneca Malone Case
Decision on Friday, November 16, 2012 - Court Grants Malone a New Trial
After years of investigation, uncovering new evidence, drafting and filing motions, and attending hearings, the motion for a new trial for Seneca Malone was granted on Friday, November 16, 2012 by Milwaukee Circuit Court Judge David Borowski.
Press Release
New Trial Granted for Wisconsin Innocence Project Client
In August 2008, a jury convicted Seneca Malone for the death of Ricardo Mora, who on December 16, 2005, was gunned down on the streets of Milwaukee. At trial, the State's case was based almost entirely on the statement of a man who told police he saw Malone shoot the victim. Malone was sentenced to life in prison. At sentencing, Malone expressed sympathy for the victim's family, but also maintained his innocence.
Wisconsin Innocence Project Investigation & New Evidence
On appeal, Malone's case was referred to the Wisconsin Innocence Project (WIP). Under the supervision of University of Wisconsin Law School professors Ion Meyn and Peter Moreno, law students conducted an independent investigation regarding the shooting and trial. WIP learned that trial counsel had not hired an investigator to check the veracity of an alternative suspect's statement to police and had not called a single witness for Malone. In eight days of evidentiary hearings, WIP called over ten witnesses to the stand, including alibi witnesses. WIP presented evidence suggesting that the alternative suspect had lied to police about Malone's involvement in the shooting, and that alternative suspect was in fact the shooter. When called to the stand and faced with this new evidence, alternative suspect invoked his right against self-incrimination to most questions.
Decision issued November 16, 2012
Judge Borowski on Friday, November 16, 2012 at 8:30 a.m., issued his decision. The Court granted Malone a new trial, finding that his trial counsel was ineffective, that newly discovered evidence warranted a new trial, and that a new trial should be granted in the interest of justice.
Student Involvement
Law students in the Wisconsin Innocence Project have worked to free sixteen people, relying in some cases on cutting-edge DNA technology, in other cases on old-fashioned investigation. In the Seneca Malone case, law students Jamie Yoon, David Blinka, Scott Zehr, Andy Price, Nicolas Mittnacht, Colman Sutter and David Williams conducted an investigation into the shooting. Knocking on doors in tough neighborhoods and scouring state records, law students uncovered new police records and found key witnesses. Law students also drafted motions, assisted in the preparation of witness testimony, and played significant roles at the evidentiary hearing. In fact, fielding objections from a Milwaukee Homicide Unit prosecutor, law student Andy Price examined a witness in court. University of Wisconsin undergraduate students Adriana Salgado and Rebecca Loeb also provided critical assistance in the investigation and evidentiary hearing.
In attempting to prove innocence years after a conviction, the students gain insight into how a wrongful conviction can occur, and how it might have been prevented. These students embody the University of Wisconsin Law School's commitment to law in action, justice, and attaining excellence in practice.


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Celebrate Black History Month in Bolingbrook
Celebrate Black History Month with several events in Bolingbrook in February.
Honor Black History Month Black History Month history Black History Month is celebrated in the U.S. throughout the month of February. American historian Carter G. Woodson established Black History Week to commemorate the contributions that people of African descent have made to our nation. The first celebration occurred on Feb. 12, 1926. For many years, the second week of February was set aside for the celebration to coincide with the birthdays of Abraham Lincoln and abolitionist and editor Frederick Douglass. In 1976, as part of the nation's bicentennial, the week was expanded into Black History Month. Each year, U.S. presidents declare February National African-American History Month. Black History Month trailblazers Here are some …
In this Article:
K. Stacey Brown
11:26 am on Wednesday, February 13, 2013
The Production at Living Water Community Church has been cancelled due to illness. We apologize for the short notice.   more ›


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La Manufacture de Cogolin
Founded in 1924 in the picturesque village of Cogolin - deep in the heart of Provence, France, La Manufacture de Cogolin is a traditional maker of luxury hand made rugs and carpets.
Our task was to restore the brand to its original glory and present Cogolin as the essential destination for designers and architects looking for classic French luxury, craftsmanship and authenticity.
Scope of work: Identity / Website / Stationery / Packaging


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If you're a car or motorcycle fan and also looking for a way to mark the tenth anniversary of 9/11, you may want to check out the Cruise Night at the McDonad's in the Berkshire Shopping Center in Danbury Thursday night (Sept. 8).
While show cars and bikes are asked to be there by 6 p.m., the public is invited to attend a 9/11 tribute ceremony at 7 p.m. Anyone wishing to bring a candle or flag to join in the remembrance may do so. Parking will be available in the lot next to McDonald's.
Special guests will include local and state representatives, and former ECW World Champion Justin Credible.
For information, call James at 203-947-8654 or 203-942-9821.


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UPDATE 2-Pearson warns of another tough year after earnings fall
* Cuts forecast for 2012 results
* Weak government spending hits education
* Shares down 3 percent
LONDON, Jan 21 (Reuters) - British education and media group Pearson warned it expected tough market conditions to continue in 2013 after weak trading in its key fourth-quarter selling season hit earnings last year.
The Financial Times newspaper and Penguin books publisher said it now expects to report on Feb. 25 adjusted earnings per share of around 84 pence for 2012, below the 84.9 pence it had said it expected in October, due to restrained government funding on education in developed markets and weak advertising.
The result had already expected to be down on the previous year's earnings of 86.5 pence a share due to last year's sale of its 50 per cent stake in the FTSE International market indexes business to the London Stock Exchange which it said contributed 2.2 pence a share to earnings in 2011.
"If you look at the statement it's pretty clear that 2013 is going to be another grim year," Liberum analyst Ian Whittaker said.
"Overall it's a weak statement, it's a downgrade to guidance and the mere fact they've had a downgrade to what is seen as a defensive stock is likely to drive a negative reaction."
Shares in the group were down 3 percent at 1202 pence by 0903 GMT, back to the level they were trading at at the start of the year following a jump last week.
The weakening conditions come at a time of widespread change for Pearson - for years one of the most stable media groups in Britain.
Marjorie Scardino stepped down at the end of last year after 16 years as chief executive, making way for the head of the international education arm, John Fallon, to take over. The appointment however has also resulted in the departure of the FT Group chief executive, Rona Fairhead, who missed out on the top job.
At the same time the group is merging its Penguin book publisher with Random House, owned by Germany's Bertelsmann, and it faces constant media speculation as to whether it will sell its FT Group under the new CEO, who has few ties to the newspaper industry.
Weak government spending in developed markets weighed on its school publishing business last year, while professional education struggled due to changes in training programmes in Britain, which has resulted in the planned closure of the Pearson in Practice business.
In North America it said it would report modest revenue growth last year after increasing its market share in what was a particularly tough year, with net sales for the combined U.S. School and Higher Education publishing industries declining by 11 percent in the first 11 months of the year.
On the positive side it said its International arm would report double-digit percentage sales growth due to strong demand in developing markets, assessment and English Language Teaching. Books group Penguin traded in line with expectations and digital and subscription revenues helped the Financial Times to counter weaker advertising sales.
As a result it said it expected to report good revenue growth for the group as a whole at constant exchange rates for 2012 and operating profit of around 935 million pounds ($1.48 billion), below a consensus market forecast of 942 million pounds.
"While the downgrade (in the results forecast) may seem modest, the mere fact they have done one for a share with such a high rating and a reputation for upgrades means they should see a "double whammy" (i.e. de-rating and estimate reductions)," Whittaker said.
"Shares have been strong into numbers, we expect to see a sharp reaction today."


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Front Page Titles (by Subject) II.: Meaning of the Word Protection, in the Jurisprudential Phrase, Protection of Rights.—The first Requisite to the Protection of Rights is to make them capable of being known.—Definition of Rights, the first Instrument of Protection.—Definition of the A - Jurisprudence
Return to Title Page for JurisprudenceThe Online Library of LibertyA project of Liberty Fund, Inc.Search this Title:Also in the Library:
II.: Meaning of the Word Protection, in the Jurisprudential Phrase, Protection of Rights.—The first Requisite to the Protection of Rights is to make them capable of being known.—Definition of Rights, the first Instrument of Protection.—Definition of the A - James Mill, Jurisprudence [1825]Edition used:Supplement to the Encyclopedia Britannica (London: J. Innes, 1825).
Part of: Articles in the Supplement to the Encyclopedia BritannicaAbout Liberty Fund:Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright information:The text is in the public domain. Fair use statement:This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
II.Meaning of the Word Protection, in the Jurisprudential Phrase, Protection of Rights.—The first Requisite to the Protection of Rights is to make them capable of being known.—Definition of Rights, the first Instrument of Protection.—Definition of the Acts by which Rights are violated, and the Application of Preventive Motives, another Instrument of Protection.—Civil and Penal Codes,—What.—Code of Procedure,—What.—Corpus Juris, or Body of Law,—What.In the term protection, it is hardly necessary to give notice, that we do not here include protection against foreign enemies; that protection which is to be yielded by employing armies against invaders. The protection, of which it is the business of jurisprudence to find out and to describe the means, is that which is required by one member of the community against the other members. The members of the community, each of whom endeavours to have as much as possible of the objects of desire, will be disposed to take those objects one from another; to take them, either by force, or by fraud. The means of preservation must, therefore, be found. Certain members of the community, as organs of government, are furnished with powers for that purpose. The question is, what powers are required; and in what manner are they to be employed? In proceeding to present what may be called a skeleton-map of the ill-explored country of Jurisprudence, it is necessary to warn the reader, that he must supply, by his own attention, what the limits of the work did not permit to be done for him. The several topics are rather indicated, than expounded. It is hoped they are indicated so clearly, that there will be no difficulty in spreading out the ideas in detail. It is necessary, however, that the reader should do this for himself. As the writer has not been able to dwell upon the several topics, though of the utmost importance, long enough to stamp the due impression of them upon the mind, unless the reader takes time to do this, by reflection on each topic, as it arrives, he will pass to the succeeding ones without due preparation, and the whole will be perused without interest, and without profit. That a man's rights may be effectually secured, it is obviously necessary, in the first place, that they should be made capable of being accurately known. This seems to be so undeniable, that it would answer little purpose to enlarge in its illustration. It is, however, exceedingly necessary that the importance of this requisite should be clearly and adequately conceived. How can a man's rights be protected from encroachment, if what are his rights be uncertain or unknown? If the boundary by which his rights are distinguished is clear and conspicuous, it is itself a protection. It warns off invaders; it serves to strike them with awe; for it directs the eyes and indignation of mankind immediately and certainly to the offender. Where the boundary, on the other hand, is obscure and uncertain, so far scope is allowed for encroachment and invasion. When the question, to which of two men an article of property belongs, comes for decision to the judge, it is easy, if accurate marks are affixed, to point out and determine the rights of each. If no marks are attached, or such only as are obscure and variable, the decision must be arbitrary and uncertain. To that extent the benefit derived from the creation and existence of rights is diminished. It is, therefore, demonstrable, and we may say demonstrated (the demonstration not being difficult), that, in the inquiry respecting the means of protecting rights, the Definition of Rights may be entered at the head of the list. Without this, as the ground-work, all other means are ineffectual. In proportion as rights can be ascertained, are the judicial functions, and judicial apparatus, capable of being employed to any beneficial purpose: in proportion to the facility with which they can be ascertained, is the extent of the benefit which the judicial functions are enabled to secure. Such, then, is the first of the means necessary for the protection of rights: That they may receive the most perfect possible protection, they must be as accurately as possible defined. In supposing that rights have need of protection, we suppose that there are acts by which rights are violated. With regard to those acts, the object is twofold; to redress the evil of the act when it has taken place; and to prevent the performance of such acts in future. To prevent the performance, two classes of means present themselves; to watch till the act is about to be committed, and then to interpose; or, to create motives which shall prevent the will to commit. It is but a small number of cases in which the first can be done; the latter is, therefore, the grand desideratum. From the view of these circumstances we discover two other articles in the catalogue of means. Those acts by which rights are violated require to be made accurately known; in other words to be defined; and the motives which are fitted to prevent them must be duly applied. Motives sufficient to that end can only be found in the painful class; and the act by which they are applied is denominated punishment. The definition, therefore, of offences or of the acts by which rights are violated and which it is expedient to punish, and the definition of the penalties by which they are prevented, are equally necessary with the definition of rights themselves. The reasons which demonstrate this necessity are so nearly the same with those which demonstrate the necessity of the definition of rights, that we deem it superfluous to repeat them. The definition of rights constitutes that part of law which has been generally denominated the Civil Code. The definition of offences and punishments constitutes that other part of law which has been generally denominated the criminal or Penal Code. When rights are distributed, and the acts by which they may be violated are forbidden, an agency is required, by which that distribution may be maintained, and the violators of it punished. That agency is denominated Judicature. The powers, by which this agency is constituted, require to be accurately defined; and the mode in which the agency itself is to be carried on must be fixed and pointed out by clear and determinate rules. These rules and definitions prescribe the form and practice of the courts, or mode in which the judicial functions are performed; and constitute that branch of law which has been called the Code of Procedure. These three codes, the civil code, the penal code, and code of procedure, form together the whole subject of jurisprudence. Of the three, it sufficiently appears, that the last exists only for the sake of the other two. Courts and their operations are provided that the provisions of the civil and penal codes may not be without their effect. It is to be considered, therefore, as subordinate, and merely instrumental, in respect to the other two. They form the main body of the law; this is an accessary to the main body, though an accessary of indispensable use. It would be of great advantage to affix characteristic names to distinguish from one another the main and accessary parts of law. Unexceptionable names, however, it is not easy to find. Mr. Bentham, the great improver of this branch of knowledge, has called the civil and penal codes together, by the name of "substantive law," the code of procedure by that of "adjective law;" not, we may be satisfied, because he approved of those names, but because the language hardly afforded others to which equal objections would not apply. In the very sense in which either the term accessary, or the term adjective can be applied to the code of procedure, both may be applied to the penal code as it respects the civil. The penal code exists purely for the sake of the civil; that the rights, which are ordained by the legislature, and marked out by the terms of the code, may be saved from infringement. The civil code is therefore the end and object of all the rest. The code of procedure, however, is auxiliary to each of the other two; the penal code to no more than one. Having now explained the nature of the three codes which constitute the body of law necessary for the protection of rights, it remains that we illustrate, as much in detail as our limits will permit, what is required for the perfection of each. |


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As long as the DLC is not already on the disk (like Bioshock 2), I really don't mind. The thing that is hard to understand is that there is a long wait in between a game getting finished and a game's actual release. This is the stage that DLC is usually planned in. It is true that DLC is a way to get that extra nickel and dime from you, but it is totally optional.
Saints Row: The Third signs up for Season Pass
THQ giving a 15 percent price break for gamers who pay $20 up front for four add-on packs; Genkibowl VII, Gangstas in Space to offer sports, sci-fi twists on open-world crime game.
Saints Row: The Third is getting on board the Season Pass trend. Joining the likes of Mortal Kombat, Gears of War 3, Forza 4, and Uncharted 3, Saints Row: The Third will give players a price break on downloadable content if they commit to all of it with an upfront purchase.
The Saints Row: The Third Season Pass will include three mission packs and a DLC outfit and vehicle pack centered around the gameworld's famous vampire-hunting superhero, Nyte Blayde. The Nyte Blayde pack contains superheroic outfits for Altar Boy and Bloody Canoness, Nyte Blayde's car, and Bloody Canoness' motorcycle.
The trio of mission packs will begin arriving in January with the release of Genkibowl VII, which offers a Wide World of Genki sporting take on the town of Steelport. Later in the winter, THQ plans to release the sci-fi-themed Gangstas in Space pack, with the Trouble With Clones add-on closing out the Season Pass offerings sometime in the spring. The Season Pass for Saints Row: The Third will cost gamers $20, which THQ expects to represent a 15 percent savings over purchasing all four add-ons separately.
Saints Row: The Third heads to stores for the Xbox 360, PlayStation 3, and PC on November 15. The game picks up with the player running the Third Street Saints. Once a small-town gang, the Saints have grown to control the organized crime within Stilwater and even have their own brand, with licensed sneakers, energy drinks, and bobbleheads.
However, the Saints' success has drawn the attention of the globally powerful Syndicate, a criminal fraternity that insists on a cut of the action. Players will adopt the role of a member of the Saints who must relocate to the Syndicate's hometown of Steelport after a botched bank robbery forces them to flee Stilwater.
For more on the game, check out GameSpot's previous coverage of Saints Row: The Third.
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Vey wide and interesting range of objects from over a very long period of History - beautifuly presented and explained.
Vey wide and interesting range of objects from over a very long period of History - beautifuly presented and explained.
Scavenger hunt kept kids on toes so parents could enjoy. Staff members very nice. Nice gift shop as well
Bit of an odd place - certainly not worth the admission price but fortunately free admission on the Sunday we visited...
If you've been before, maybe it's time to go again and experience the new look restaurant in one of Limerick's finest cultural and tourist attractions, the Hunt Museum. You can enjoy great food or just a cup of coffee looking out on the majestic Shannon. Lovely atmosphere and very friendly staff, so give it a try.
Great museum with a wonderful café where you can sit and watch the tidal River Shannon flow to the sea. The museum is not very touristy so I enjoyed some pleasant hours here on a Saturday afternoon. Do not miss the small but interesting Quay Books bookstore as you walk down Patrick's Street towards the museum.
Very conveniently located within easy walking distance of downtown Limerick. Fascinating collection very well displayed with excellent text panels. Staff is very helpful with the museum and other attractions in the immediate area. Don't miss T Nary's, which is almost next door.
Staff very good with kids and kept them entertained. Also good kids camps during the holidays Easter, Christmas, Ect. Gets them interested. Lots of variety of things. And considering I live right near it I should vist more often.
The Hunt Museum is well worth a visit if you are in the Limerick area. The collection is eclectic and was assembled privately by the Hunt family. It consists of archaeological items from Ireland and beyond, ceramics, art works etc. The guides are all volunteers and are well informed about the collection. There is a cafe/restaurant area (that I didn't... More
The Hunt Museum has excellent displays on various eras, cultures, and locations. Everything is well-organized and easy to access.
This museum was quite interesting. 3 floors of "stuff" from the Hunt family. I say that because basically, it's "Stuff" they acquired throughout their lifetime. I use the term "Stuff" loosly because we saw famous paintings, and tons of years old artifacts, that the Hunt family used like it was a common object. EX. An ivory vase. That they used... More
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Melania Trump
Melania Trump recently celebrated five years of marriage to "the Donald" as well as the debut of her own jewelry line on QVC. "He's very supportive," she says of her husband. "He's always said, 'You have great ideas, you have great style, and I think you will do a fantastic job.'" Melania explains that she used her studies of design and architecture to create pieces inspired by the three cities she calls home: New York, Palm Beach and Paris.
Melania is also a busy mom to the couple's 4-year-old, Barron, who quickly learned to handle preschool the way his dad handles business. Melania says, "I was more nervous for him, like how he would accept everything, but he was just fine - he loves it!"


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James Marsh Professors-at-Large Program
News & events
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Biography: Dr. Wouter van Hoven
Director, Centre for Wildlife Management
Associate Professor, Dept. of Animal and Wildlife Sciences
University of Pretoria, South Africa
Dr. van Hoven has served as the Director of the Center for Wildlife Management at the University of Pretoria in South Africa since 2006. He has also served as an Associate Professor at the University of Pretoria since 1989. Dr. van Hoven is an accomplished scholar in the areas of wildlife management and the African landscape. He is also a founder of the Noah's Ark Project in Africa, an organization responsible for the repopulation of large animals (i.e. elephants, hippos, and lions) in areas devastated by drought, war, or poachers. In addition to authoring over 100 scientific publications, reports, and chapters, Dr. van Hoven has served as a consultant in community and extension projects in Africa, Europe, and the United States. Dr. van Hoven received Bachelor of Science, Master of Science, and Doctor of Science degrees from Potchefstroom University.
The Nutritional Value of Wildlife Supports African Conservations...Use It or Lose It - Monday, October 24, 2011
Wildlife And Other Aspects Of Food Security In Africa - Monday, January 28, 2013
Last modified January 11 2013 08:55 AM


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posted this on November 10, 2011 16:15
I came across this article in marketing week and it sent off a few alarm bells "Adobe will refocus its Flash resources on delivering the "most advanced PC web experiences", although it is unclear how long Flash will be used on desktop." Does this mean that flash will no longer receive updates and remain dormant or is it just the mobile plugin that's been shelved. This is slightly un-nerving as you can guess.
I was wondering the same thing especially as I run 5 sites from Moonfruit which is obviously flash based.
Disappointing that Moonfruit cannot provide some sort of solution, redirection or editing capability for mobile sites. Even Google are now reporting a massive increase in mobile based browsing (increased from 6-10% this year) with further significant increases likely. Whilst flash sites are to some extent visible on Android, iPhone will likely remain ultra popular which in turn will have significant impact on any business reliant upon their Internet marketing.
I love Moonfruit and have been running several businesses with your websites for 5-6 years including a martial arts club and driving school where are primary target audience are within the iPhone / iPad demographic and feel that I must now look at alternatives for our websites otherwise there is massive potential for losing market share and revenue.
I also find it extremely disappointing that Moonfruit has not adapted to the new market. There are thousands, probably millions, of iphones and ipad users that cannot see my site as it should be seen.
I have just read that my target audience - Barristers and Solicitors - are to be provided with ipads. Therefore I will have to look elswhere for a new website building company.
So farit only the mobile player being affected, however there is a potential snowball effect here. Adobe have dropped the mobile, but seriously how long before they drop flash completely, we say that it's got a long time left, but if it did then why is the mobile player down the drain?!
You cannot tell seriously tell me that they (Adobe) have thought about it themselves!
And yes 90 odd % of Desktop PC currently run Flash...but for how long before it too is thrown on the self too?
I'm worries, I would love to have been able to view and edit my website on my iPad as I sit here on that same device writing this. Which actually makes me ask why the main moonfruit page isn't in flash... But thats getting way off topic.
Anywho I've said my peace, I think we all need to keep our wits about us, even if moonfruit (sorry to say this) are being very silly on this topic.
The problem with iPads and iPods not seeing the site correctly is more of a problem with the iPod and iPad. Apple's refusual to accept the technology is quite annoying.
Given all the amazing tech 'break throughs' we constantly heare about it makes you wonder doesn't it? All the fanboy hysteria about flash, the sky is falling, demonising flash and its fans to purgatory... Oh gimme a break.
Imagine a world where ipad 3 has flash because some clever Charlie or Cheryl has a breakthrough in addressing 'issues'. Imagine a world where Adobe and Apple get over the real or imaginary adversorial posturing and unite hailing in a new era where everyone wins.
Maybe it is flash refined so it just makes the problems null and void.
I watch the ipad and iphone viewer stats across sites I manage and I can't deny its increasing so I hear what those concerned are saying about the future.
I like many have thousands of hours invested in Moonfruit and are loathed to have to change given I can't afford to do it in a panic or lose clients that are feeling they are being compromised. How can I argue with them when they too see the analytics? Some demographics worse than others.
So three scenarios I arrive at. Apple and Adobe smoke a peace pipe and dance hand in hand through the marigolds or Moonfruit's boffins find some way to be alchemists and implement the same WYSIWIG protocol we all want to love for now and the future.
Or... We are screwed.
Regards with guarded optimism (ticking)
Peter Lloyd Culley.
Could Moonfruit give us an idea of when a Moonfruit site will be properly readable on Ipads? We are all aware of the advantages of Flash but I am already receiving numerous comments from Ipad users about the way my website displays. Regards Norman Hartley
When someone visits the site with an Apple iPhone / iPad the HTML mobile version will load instead. How can I access this version of my website and be able to edit it??
It is a shame that Monfruit seem unable to catch up with the latest web technology, in particular HTML5. As most people are now using iPads we feel we have no option but to migrate to a more modern host. The "mobile version" (html) of a Moonfruit website is uncustomisible and looks, for want of better word terrible. Unless there is a drastic change of Moonfruit policy to modernise we will be leaving by this February.
I am getting a lot of comments about not being able to see my site on iphone too.I have recently built my website/s and it's crucial i stay alongside the competition.
86 Sites of my own on my account, I built over 20 something for others on their own accounts from the referral program they used to have. I been building on wordpress for the last six months and will be migrating most of mine and the other clients during 2012. The mobile issue and ipad are just way to big to overcome, all the decision makers use mobile and ipads... it's a shame if they had just spent time adressing editing capability on the mobile side, or had allowed a plugin to setup redirects to third party mobile sites they would have saved moonfruit for at least a few more years... this account will be the last I build on moonfruit
So disappointed to have spend so much time on moonfruit and getting excited about using the new website while on the road as a promotional tool etc only to discover that id be too embarrassed to show it as it looks so poor on our teams ipads. Please moonfruit do something son as Ive just met with new web designers to consider starting from scratch again ................ I loved moonfruit up until I found this out :-(
Alas I to have discovered that as the audio player, in fact the whole site is "FLASH," based, NO iOS systems can hear anything from my website. I do feel a bit suckered into paying for a whole year on here, and though I can't fault the site (it's by far the easiest site to build from scratch as a "FREE," site) I desperately need people to be able to HEAR the songs on my site, which relate directly to the 2012 Olympics!! I'm on the clock, and have to say that if I wasn't a beginner, I'd have gone to a site which is already optimised for iOS systems. Great shame, but alas I'm tied into this one now for a year (I am happy with the site itself for PC) and will have to do ANOTHER site, link it to this one, but that's gonna cost more money, and I need another domain name! Not ideal! Is there ANY way Moonfruit you can sort this?! I know Apple is horrendously "precious," as is Adobe, but even if there's a way of using "Quicktime," perhaps, that would be great?! (I'm clearly a bit clueless about all this, so apologies if that's a ridiculous suggestion!)
I too have started to use Wordpress, I feel the writing is on the wall as Adobe have anounced they aren't going to be supporting flash in the future. I have 60 sites for clients and a dozen of my own and am getting comments from clients about the Apple issue, I have to say I love the interface Moonfruit offers for content management, but for the few sites I have migrated to wordpress, being able to SEO them and use the thousands of free plugings has been wonderfully educational and I have seen a deffinate increase in SERP's. I will be migrating all of my sites to wordpress over the next 12 months, especially as wordpress are going to adopt responsive webdesign on many of their templates. Would anybody be interested in a Moonfruit to Wordpress Forum? let me know @ email@example.com.
Just read moonfruit's blog - it's great news, very much looking forward to it!


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