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The week in fashion law (volume 1 of 2): IP, advertising, and free speech (Gucci, Guess, Skechers, F21, chocolate rabbits, etc.)
There's so much fashion law news this week that your beloved editor here at LAW OF FASHION has to break up the stories into two installments.
Today's post looks at recent fashion-related developments in intellectual property, advertising, and free speech. Tune in tomorrow for the breathtaking conclusion, where LOF will curate the best of, well, everything else, for your edification and amusement.
As always, a reminder to join the LAW OF FASHION ® LinkedIn group for weekly, daily, or up-to-the-minute -- it's up to you -- updates on fashion law news. And, of course, follow LOF's Twitter feed. And "like" LOF on Facebook. And "encircle" LOF on Google+. And so on...
"SDNY's Judge Shira Scheindlin rules in favor of Gucci in Guess case, but awards only $4.66 mil of $120 mil sought (+ injunction)" (LAW OF FASHION ®)
"Gucci has (sort of) prevailed in its three-year lawsuit against Guess over allegedly infringing efforts to "Gucci-fy" the latter's products. Below, and in larger text at this link, you can read Judge Shira Scheindlin's 104-page decision, in which she awards just $4.66 mil of the $120 mil requested by Gucci (along with an injunction, which is often the primary objective in trademark litigation, anyway) and concludes by stating that 'with Gucci's entitlement to the relief noted above, it is [her] hope that this ugliness will be limited to the runway and shopping floor, rather than spilling over into the courts.'"
"Burberry wins $180 million [judgment] in knock-off suit" (NY Daily News)
"Burberry won $180 million in Manhattan Federal Court against China-based counterfeiters who used a sophisticated and ever-expanding online store network…. Burberry also won custody of 236 domain names the counterfeiters were using to sell knockoffs. Burberry now has permission to move to shut down new websites the counterfeiting network tries to establish in the future…."
"Runway To Racks: How Fashion Gets Knocked Off" (Refinery29)
"There's that infamous cerulean speech from The Devil Wears Prada that introduced a lot of the world to fashion's domino-line of production. But, in reality, the process that puts a look on the runway, debuts it in stores, and then gets that exact look replicated for a fraction of the original cost is much more complicated.... Hold onto your blue sweaters, ladies [and gentlemen!] — we've got the full story on how fashion get knocked off, all the way from the runway to the bargain bin...."
Speaking of which...
"Mara Hoffman's 'Chief' Fabric Design Prompts Copyright Lawsuit against Forever 21" (LexisNexis)
"On Monday, Mara Hoffman, Inc. sued Forever 21 in the Southern District of New York, accusing the retailer of copyright infringement. Mara Hoffman owns a copyright in and to a fabric entitled 'Chief.'…"
The full complaint is posted here. For the record, I am shocked, shocked, by this turn of events.
"Prada's CEO Says Counterfeit Goods 'Aren't Totally Bad'" (Fashionista)
"While doing an interview yesterday on Bloomberg Television, Prada's CEO (and Miuccia's husband) Patrizio Bertelli said 'Fake goods aren't totally bad, at least it created jobs at some counterfeit factories. We don't want to be a brand that nobody wants to copy.'... [A] Prada spokesperson [commented on the] CEO's controversial statement: 'The quote is part of an extended conversation that underscored how the market of counterfeits is an objective reality for successful brands and how this phenomenon has its own reality, also in terms of manufacturing, that is very structured.'"
"Brands Finding New Ways to Fight Fakes" (WWD; sub. required)
"Trademark owners are developing deeper partnerships and resorting to new tools to combat the proliferation of counterfeit products on the Internet.... The U.S. government is utilizing new strategies, such as seizing assets in U.S. bank accounts, as well as from service provider accounts, such as PayPal, linked to counterfeiters' operations.... One of the newest strategies employed by [oft-counterfeited brand Louis Vuitton] was an unfair trade case it brought and wcon before the U.S. International Trade Commission…. [Meanwhile,] Lacoste [has] been stepping up its involvement with law enforcement authorities around the world to crack down on counterfeits [working] with other brands and China's Customs authorities to urge China's Taobao online marketplace to take more preventive measures against counterfeiters...."
EU high court issues mixed rulings on trademark distinctiveness on the same day (Bloomberg News / BBC News)
BLOOMBERG NEWS: "Formula One Wins Court Challenge Overturning 'F 1' Trademark"
"Formula One Licensing BV won a challenge that sought to overturn another company's European Union-wide trademark for the term 'F 1.' The European Court of Justice, the 27-nation EU's highest tribunal, rejected earlier decisions to award the EU trademark to Racing-Live, a motor sports website based in Montpellier, France.
The EU's trademark office and an EU appeals court 'failed to acknowledge, in relation to trademarks, the distinctive character of the 'F1' sign" and shouldn't challenge the validity of trademarks awarded by the EU's member states, the Luxembourg-based tribunal said in a statement today...."
BBC NEWS: "No EU trademark for chocolate rabbit, says court"
"Lindt and Spruengli have made [a chocolate bunny, wrapped in gold foil and with a red ribbon around its neck] since 1952 and applied for an EU trademark in 2004. But other firms make Easter chocolate bunnies too and an Austrian company has even wrapped them in gold foil.
Now the European Court has confirmed an earlier ruling that Lindt's rabbit is devoid of any distinctive character. Lindt appealed against the initial ruling, arguing that it had built a trademark over a long period and wanted to protect what had become a strong brand....
[T]he European Court of Justice, in its judgement on Thursday, decided that the Swiss chocolate maker had 'failed to establish that the mark has inherent distinctive character and that that was the case throughout the European Union.'"
"Way Too Many Co-Owners [or, A tortuous tale of the potential pitfalls of trademark co-ownership]" (Property, Intangible)
Ron Coleman (great respect, no relation) recently posted on his blog, LIKELIHOOD OF CONFUSION®, about this thicket of a case, generously parsed by Pamela Chestek on her "Property, intangible" blog:
"International Importers sued International Spirits & Wines, LLC and 'D'Aquino Group of Companies,' a non-existent legal entity, for infringement of the mark WALLABY CREEK based on the defendants' importation and sale of the wine. Most notably, Fernbrew is one of the 'D'Aquino Group of Companies.' So at the end of the day we have what is a common situation – the former distributor of a product claiming ownership of the trademark and bringing a trademark infringement claim against the manufacturer and the new distributor. But because of the joint ownership of the mark, what happens next is far from typical.
Rather than sorting out the ownership under the usual manufacturer-distributor framework (alert - recursive link), the defendants challenged International Importers' standing under Fed. R. Civ. P. 12(b)(1), on the theory that all co-owners must be joined, and under Fed. R. Civ. P. 12(b)(7) for failure to join a necessary and indispensable party under Rule 19, namely, the other owners of the trademark. [Lengthy legal analysis...]
[In the end,] Fernbrew found itself in a world of hurt because of a misguided decision, made long ago, to allow for joint ownership of its U.S. trademark. I don't know to what end the parties thought that a joint ownership of the trademark was an appropriate arrangement.... [R]ather than devising a legal relationship that more accurately reflected the various roles and stakes of the parties, such as granting a security interest in the mark, the parties divvied up the ownership of the mark itself. Perhaps under Australian law the arrangement would have worked out fine, but under U.S. law, by allowing the distributor to have a claim of legal ownership, Fernbrew finds itself in a position where another company can start labeling goon 'Wallaby Creek.'..."
"Marks & Spencer to take on the beauty world - High street favourite Marks & Spencer will introduce a new in-store beauty concept selling multi-branded products" (Telegraph)
"[D]epartment store Marks & Spencer is hoping to get a foothold on the beauty ladder with the introduction of multi-brand products.... The new space in each store will be divided into three sections - well-being, performance and lifestyle - and will offer interactive screens where customers can upload a photograph of themselves and test out make-up virtually.... Marks & Spencer's Kensington High Street store will be the first to welcome the new concept, with the new products also becoming available online."
"USPTO Tightens [Documentation] Standards For Trademark [Registrations]" (IP 360; sub. required)
"The U.S. Patent and Trademark Office said Monday that it is revising certain trademark rules that will allow the agency to require more materials deemed necessary to examine a post-registration affidavit or declaration of continued use or excusable nonuse in trademark cases....
[F]or a two-year period, the office will conduct a pilot program to assess [potential] rule changes [that would expand the USPTO's power to] look at the nature and accuracy of allegations of use made during the trademark application process or post-registration phase, and upon request, may require additional specimens or other information or exhibits, like a photograph of the mark appearing on particular goods...."
"Ted Davis Outline From INTA 2012: Annual Review of U.S. Federal Case Law [in Trademarks]" (The TTABlog®)
"U.S. Customs adopts new rule to help brand owners identify counterfeits" (Lexology)
"U.S. Customs and Border Protection ('CBP') has historically taken the position that it will not share bar code or serial-number information of seized goods with brand owners because if those goods turn out to be genuine gray market goods, the trade secrets of the gray marketer regarding sourcing and shipping information will be disclosed to the brand owner. This has been frustrating to brand owners who need this information to determine that the shipment is counterfeit....
As of April 24, 2012, CPB has adopted a new temporary ('Interim') rule that allows CBP to share this kind of information with brand owners if the importer does not provide proof of genuineness after notification of CPB's suspicions. The Interim Rule is open for public comment until June 25, 2012...."
"New IP insurance allows smaller companies to defend their intellectual property" (Inside Counsel)
"Probably you are aware that some intellectual property insurance covers you for your alleged infringement of someone else's IP property. It covers your legal defense and your liability should you be found to be at fault.
However, there is a new type of IP insurance for the initiation of a case against an infringer of your IP property, where you are the plaintiff—not the defendant. The beauty of this insurance is that it gives you resources that you may not otherwise have to protect your IP property, and allows you to act quickly. It is called 'intellectual property abatement/enforcement' insurance...."
"Reinvented Clothes Hanger Won't Ruin Your Necklines [but is it reinvented *enough* to land a patent?)]" (Fast Company Co.Design)
"The basic shape of the clothes hanger hasn't changed much in over a hundred years: a flattened triangle with a hook. They're perfectly serviceable for jackets and button-up shirts but fail miserably when it comes to T-shirts and crewneck sweaters, stretching and deforming their collars. Why hasn't someone redesigned the hanger already?
Finally, someone has: Mehdi Mojtabavi, an industrial designer at Portland-based Ziba, ditched the rigid model and developed a hanger made from two polypropylene parts: a hook attached to a flexible cross-piece that, when squeezed with one hand, collapses to slip gently through a neck hole before releasing to support the garment's shoulders. The concept won an IDSA award in 2011, and Ziba has since built a patent-pending prototype...."
The thing is, there's actually been quite a bit of action in the "inventing-a-better-hanger" arena over the past few years. See this, this, this, and, of course, this.
May the best (or rather, first) man/woman win! Or maybe there's room for these slightly different inventions to coexist?
International IP
"Gucci Presses Trademark Case in Other Courts - The company's lawsuit appears to be over in the U.S., but it is forging ahead with new cases filed against Guess Inc. in China, Italy and France" (WWD; sub. required)
"One down, three to go. Gucci America Inc.'s lawsuit against Guess Inc. appears to be over in the U.S., but the luxury goods maker is forging ahead with new cases filed in China, Italy and France. Fresh off its $4.7 million [sort-of] win against Guess and its footwear licensee, Marc Fisher Footwear, in a Manhattan federal court Monday, Gucci said it remains 'firmly committed to take the necessary action to preserve the integrity, exclusivity and distinctiveness' of its brand...."
And a quote from Guess CEO Paul Marciano on Fashionista.com:
"Gucci is currently court-forum shopping to find a friendl[ier] court, but Guess will vigorously defend our rights in every jurisdiction...."
"Exporting copyright: Inside the secretive Trans-Pacific Partnership - Meet 'ACTA-plus,' and the people trying to stop it" (Ars Technica)
"TPP is a massive new free-trade style agreement that aims to provide 'comprehensive market access,' 'regulatory coherence,' and, most notably for the tech community, a commitment 'to ensure an effective and balanced approach to intellectual property rights among the TPP countries.' The agreement is currently undergoing its latest round of negotiations between representatives of nine Pacific Rim countries: Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam, and the United States. (Japan, Mexico, and Canada are trying to enter the negotiations as well.)
'I would say it's ACTA-plus, not ACTA redux,' said Gwen Hinze, the Electronic Frontier Foundation's (EFF) international IP director, in an interview with Ars. In other words, if you loved to hate the Anti-Counterfeiting Trade Agreement (ACTA), then you may love to hate the Trans-Pacific Partnership Agreement (TPP) even more....
Who's in favor of the TPP? So far, the usual suspects: the Obama Administration, the Motion Picture Association of America (PDF), and the United States Chamber of Commerce, to name a few. Most declined to speak to Ars beyond their published statements...."
"Row over Rajasthan Fashion Week" (Times of India)
"The three-day Rajasthan Fashion Week is to begin today, but it has gotten into a bit of legal hot water at the last minute. A Jaipur-based company has sued the organizers of the week, claiming that the organizers are using the name Rajasthan Fashion Week 'illegally', while they, the company, have applied for a trademark for 'Rajasthan Fashion Week' and have been using that name since 2003...."
Indian government declares practice of importing goods without intellectual property owner's approval (i.e., "parallel imports"/"gray goods") perfectly legal (EXIM India)
"[India's] Finance Ministry recently made it clear that imports of goods protected by patent or trademarks are permissible even without the authorisation of the Intellectual Property Rights (IPR) holder....
In response to representations from the traders seeking clarity on the issue, also referred to as 'parallel imports', the Central Board of Excise and Customs (CBEC) asked Customs officials to decide cases of parallel imports on the basis of the concerned legislation, which does not prohibit it...."
(In the U.S., the legality of importing such goods depends on the type of IP at issue and the law of the relevant circuit court... at least for now: read this and this.)
"FTC: Skechers deceived consumers with shoe ads" (U.S. News / AP)
"Skechers USA Inc. will pay $40 million to settle charges by the Federal Trade Commission that the footwear company made unfounded claims that its Shape-ups shoes would help people lose weight and strengthen their butt, leg and stomach muscles. Kardashian, Burke and other celebrities endorsed the shoes in Skechers ads.
Wednesday's settlement also involves the company's Resistance Runner, Toners, and Tone-ups shoes and claims of deceptive advertising for those shoes as well. Consumers who bought the shoes would be eligible for refunds, though it's not clear how much money they'll get...."
For more information, see "Skecher Shape Ups: Why Toning Shoes Don't Deliver On The Hype" (HuffPost Healthy Living) and "Want Kardashian curves? Don't look to Skechers for fix" (LA Times).
Incidentally, Kim Kardashian seems to have a knack for endorsing products that draw the ire of disappointed consumers (and/or the FTC). Just recently, news broke of this unappealing episode. If only KiKard had actually endorsed Old Navy -- a company less inclined toward grandiose claims -- which opted for a lookalike instead.
"Undisclosed Synthetic Diamonds Appearing on Market" (JCK Magazine)
"After more than 600 synthetic colorless diamonds were submitted to the International Gemological Institute without disclosure, the lab is warning the trade about the possibility of more undisclosed stones on the market....
The [IGI] alerts note that while gem labs can distinguish synthetic diamonds with tools such as De Beers' DiamondView, they cannot be distinguished from naturals with standard gemological tools such as loupes and microscopes. Disclosure of man-made gems is required by the FTC Guides.... It was not immediately clear who produced the diamonds in question."
"The $4,000 Bulletproof [or Rather, 'Bullet-Resistant'] Polo Shirt" [or, The story of a high-tech apparel company that needs to ensure its product claims are accurate and consistent... RIGHT NOW] (SmartMoney)
"[Miguel Caballero's] 4-pound shirt's antiballistic panels promise to shield the wearer from a range of weaponry, though a version designed to withstand an Uzi costs a bit more than the one made to fend off a 9mm (prices range from $3,000 to $4,000 a shirt). The company, which calls itself the 'Armani of bulletproof clothing,' says its clothes are proven to work....
[But] even though the company's website declares, 'Yes, it's bulletproof,' there is a fine distinction here. The National Institute of Justice, which rates body-armor products, actually approves it for protection against some firearms -- but not heavy-duty guns like rifles or AK-47s. A company general manager says, 'Bullet-resistant is more accurate.'..."
Eye-Tracking "Heatmaps" Reveal What Consumers Focus on in Advertisements; Implications for False Advertising and Trademark Litigation Could Be Significant (Business Insider)
"They say the eyes tell all. Now thanks to eye-tracking technology we can tell they're saying, and the results point to fascinating … insights into [consumer engagement with] advertising and design…."
"School Pays 20K in 'Jesus Is Not a Homophobe' T-Shirt Lawsuit" (WSJ Law Blog)
"There are fashion statements, and there are First Amendment fashion statements. On Monday, a federal judge in Ohio ordered the Wayne Local Schools to pay $20,000 in damages and court costs to a student who was twice prevented from displaying the message 'Jesus is not a Homophobe' on a T-shirt in school, and who was threatened with disciplinary action if the shirt was worn a third time, the Daytona Daily News reported....
Mr. Couch was initially prevented from wearing the shirt in April 2011 during a "Day of Silence," an event to raise awareness of bullying of gay students, and later brought suit in conjunction with the Lambda Legal firm, claiming his First Amendment rights were violated...."
"Elephants, Donkeys And Judges [or, what jewelry/apparel is off-limits for judicial candidates?]" (Legal Profession Blog)
"Another opinion from the Florida Judicial Ethics Advisory Committee:
ISSUE: Whether a judicial candidate may wear jewelry or apparel depicting an elephant or donkey.
ANSWER: If a reasonable person objectively viewing the jewelry or apparel would conclude that the judicial candidate is 'commenting on the candidate's affiliation with [a] political party' or is engaging in 'conduct that suggests or appears to suggest support of . . . a political party,' then no...."
"'Canal Zone' Collages [Appeal] Test[s] The Meaning Of 'Fair Use'" (NPR)
"For those of us who need a brief refresher on fair use: U.S. copyright law generally prohibits you from using somebody else's work without permission. But there's an exception for so-called 'fair use' — that's what allows you to comment, or criticize, or somehow transform the original work into something new....
[Celebrated artist Richard] Prince has been playing on traditional notions of authorship and originality since the late 1970s. His earliest success consisted of taking images from advertising, including the Marlboro Man, which Prince re-photographed and manipulated. Later on, Prince took famous books by other writers, slapped his own name on the cover in their place, and sold the result as a new work of art....
Last year, a judge found Prince liable for copyright infringement for using the photographs of another artist [in a series of collages] without permission.... In his deposition, Prince admitted he did not intend to comment directly on the Rasta photos he used — which is one factor the court cited in its ruling [that Prince's collage did not constitute 'fair use'.] If the lower court ruling stands, it could have implications far beyond the art world...."
"[South African President] Jacob Zuma goes to court over painting depicting his genitals" (Guardian)
"It began with an impression of a man's penis in an art gallery where only a tiny fraction of the population would normally set foot. Now it has become a national debate running the gamut from freedom of expression to the right to privacy, from the nature of racism to 'what is art?', and is being seen as nothing less than a test of South Africa's constitutional democracy.
On Wednesday the [South African] president, Jacob Zuma, will bring a court action to argue that a painting showing him with exposed genitalia should be removed because it violates his right to dignity and makes a mockery of his office....
Zuma is a polygamous Zulu who has married six times and has four wives. In 2010, he publicly apologised for fathering a child out of wedlock, said to be his 20th overall. In 2006, he was cleared of raping an HIV-positive friend but caused anger by saying he took a shower after having sex with her....
[Some] South Africans, both black and white, have taken the view that, as a public figure, Zuma should be thick-skinned when it comes to satire...."
[This post is for entertainment and informational purposes only, and does not constitute legal advice or create an attorney-client relationship among any individuals or entities. Any views expressed in this post or at the linked web pages are those of the writer on a particular date, and should not necessarily be attributed to this writer, his law firm, or its clients. Neither LAW OF FASHION nor any person or entity associated with it can warrant the thoroughness or accuracy of the content here or at the linked sites.]


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Verne Elliot the dean of rodeo producers
The Platteville, Colorado native Verne Elliot began rodeoing in 1907, then switched to rodeo staging and managing in 1917 after being bucked off a horse at Cheyenne Frontier Days.
"I took a look at the retreating rear of the critter that had just placed me in that embarrassing position and decided, by gosh, it's about time I proved man was smarter than horse," Elliott said.
Elliot put on the first rodeo in Madison Square Garden and directed rodeos in London and Europe. He later partnered with Ed McCarty to form a rodeo stock company. By 1931 he was furnishing stock for the National Western Stock Show, and continued for over 20 years. His most famous bucking horses were Midnight and Five Minutes to Midnight.

subset: commoncrawl


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Hello fellow non-believers!
I am new to TA but the question I pose is certainly not a fresh one: Can Atheists and Theists co-exist?
We all know that historically Theists and other Theists cannot co-exist peacefully. War and violence in the name of Religion has been widespread over the entirety of human existence, but it has to be said that civility between believers and non-believers in the modern age has been commonplace. Formal (mostly amicable) debates and the agreement on separation of church and state have somewhat proven this theory, right?
Do the majority of Atheists really strive for a world of empty churches, bible burning and the end of religion forever? Maybe some of us do, just as many Theists probably pray for the conversion of all Atheists to Theism.
What can we realistically hope to achieve as Atheists, and in your opinion is it possible to co-exist with the believers?
I'll leave you with some interesting quotes -
"The whole war between the atheist and the theist comes down to this: the atheist believes a 'what' created the universe; the theist believes a 'who' created the universe."
- Criss Jami
"I'm noticing an exciting trend around the country: a resurgence of interest in Christian apologetics (the defense of the faith). This is a reaction to the current attacks on the essentials of Christianity that are coming from militant atheists, radical professors, and Internet gadflies."
- Lee Strobel
"I am against religion because it teaches us to be satisfied with not understanding the world."
- Richard Dawkins
"Religion is part of the human make-up. It's also part of our cultural and intellectual history. Religion was our first attempt at literature, the texts, our first attempt at cosmology, making sense of where we are in the universe, our first attempt at health care, believing in faith healing, our first attempt at philosophy."
Views: 2025
It's not even a case of being able to challenge their beliefs, it's the huge number of theists who feel that our very existence or our mere statement of our beliefs is an affront. Let alone finding it an affront that a government which is supposed to protect all of our rights is supposed to remain strictly neutral on religion.
The theists who have that attitude will ultimately have to either change or they will end up reaching for a gun (or getting the government to do it for them) someday.
So far I've not heard of Xian-on-atheist violence in the US.
But there has been plenty of threats and bullying. And when the bullies find out their threatening doesn't work, we'll see them either back off or double down. I hope it's the former. But I suspect we WILL sometime in our lifetimes see some atheist get killed over this, probably by some random bunch of rednecks.
They don't have to convert, just be willing to live with us, and treat atheism as being as valid as they treat another sect of Xianity.
Yes, I certainly think that theists and atheists can coexist peacefully. There are examples of this all over the place. Of course there are examples of theists and atheists not coexisting peacefully too.
As for the question converting others to atheism... I don't like the idea of actively trying to convert others to atheism. I don't like it when people try to actively convert me so why would I do it to them? I am all for speaking out and letting people know who we are and that it's ok to ask questions and be curious. I'm all for informing others, so that they have a better understanding of what atheism is and isn't. I'm all for answering questions and being honest (but not rude) about what I really think. I'm all for teaching our children critical thinking skills and exposing them to a variety of ideas (funny thing is most theists are too).
Sure! They go to their church, I go to my bar, and we can all skip along together! (Though I may not skip quite as well on my way back --)
Kristy, I can assure you that I have spent far more time on my knees, calling on god, before an open toilet stool in a bar, than I ever have in church - tequila is NOT my friend! "Oh, god!"
"Evolve?" - I hadn't thought of that, I suppose I could give it a try --
I suspect it's a question of relativity - no one is more annoying than I am, just ask Unseen.


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Last year, when the Rock and Roll Hall of Fame nominations came out, we made all sorts of bold predictions. We predicted that Guns N' Roses was inevitable, and we were right. We predicted that the explosion of female artists nominated, coinciding with the Hall's "Women in Rock" theme, would lead to a flood of inductions for female artists. On this one, we were wrong, and the only female artist inducted was the late Laura Nyro, which kind of disturbed us on a semiotic level. We predicted that the Red Hot Chili Peppers were going to be snubbed, and we were pleasantly surprised.
Clearly, our batting average isn't so great.
But here we are again, with a brand new crop of nominees, and we find ourselves once more in the prognostication game. Ah, well. It's only rock 'n' roll, but, you know, we're kind of fond. So here we are with another series examining this year's Rock Hall nods, why these musicians matter, who's a shoe-in, and who's going to be snubbed.
Right out of the gate, let's start with three nominees who are undeniably straight-up rock legends: Rush, Heart and Deep Purple.
Why they'll be inducted: Rush has been snubbed so many times by the Rock and Roll Hall of Fame that it's become a running joke. The Canadian progressive rock band is, every year, at the top of every music critic's "who got snubbed by the Rock Hall" lists, including our own. And you know what? Rush deserves to be recognized. While their music on occasion can come off as a bit overblown and overly complicated, drummer Neil Peart, bassist Geddy Lee and guitarist Alex Lifeson are virtuoso musicians, influencing almost everyone who came after them. And if they had a role in rock beginning to take itself too seriously in the '70s, they were still pioneers in pushing music in new directions, in pushing the boundaries of the genre. Besides, all those "Dungeons & Dragons" geeks that used to listen to Rush in their parents' basements? Almost everyone in the recording industry was one of them, once. Some of them are even music journalists.
Mitigating Factors: Peart, who writes the lyrics, used to be extremely influenced by conservative thinker and novelist Ayn Rand, and while he's more recently made it clear that he's pretty much over her, we can't help but find it odd that Rush gets nominated the same year she's back in the public discourse. We're just saying.
Why they may be inducted: We'll admit, we were a little dubious of Heart's chances last year, but we found ourselves nonetheless a little shocked when Canadian sisters Ann and Nancy Wilson were among the women shut out completely last year. And upon reflection, we have to agree that, over the years, Heart has proved itself to be an immensely versatile band, delivering pop favorites such as "Alone" and "What About Love" alongside unrepentant rockers such as "Crazy On You" and "Barracuda." And frankly, it's difficult to not look back and see a little Wilson sisters influence in every girl who's picked up a guitar since the mid-'70s, and really, that's rather a lot by this point. Heart deserves to be recognized as much as any other band, and if voters can get past the misconception of the band being "soft rock," they very well may be.
Mitigating factors: Seriously, is this the year of Canadian rockers? Are Canadian rockers a thing now? Was there a memo?
Why they'll be snubbed: OK. There is no denying British rockers Deep Purple's place in the rock 'n' roll lexicon. For real, the first thing anybody who picks up an electric guitar figures out how to play are those opening chords to "Smoke on the Water." Those chords are about as pure and undiluted a shared cultural experience as we will ever, ever have. Beyond that, Deep Purple was, like Rush, one of the early adopters for pushing rock's limits with big orchestration and intricate instrumentation, and is one of the bands in the DNA of every metal band on the face of the planet. But … here's the thing. One can't help but feel that — again, like Rush — Deep Purple is unfairly carrying a lot of the onus for rock's worst excesses. A song such as 'Bad Attitude" or "Sometimes I Feel Like Screaming" may be an awesome straight-up rocker, but it's not what the band's best known for, and a lot of the songs the band is best known for kind of dwell in the "loud and monotonous" end of the rock spectrum. Deep Purple's "Space Truckin'" may very well be no more self-indulgent than, say, Rush's "By-Tor and the Snow Dog," one can't help but suspect that, ultimately, Rush may be more endearing a choice overall in a year when testosterone-driven hard rock is, perhaps, not on the forefront of voters' minds.
Mitigating factors: Conversely, Deep Purple may be the default vote for voters who are overwhelmed by the onslaught of electronica, hip-hop and other genres which aren't generally considered "rock 'n' roll." For a lot of people, rock is still a guitar, a bass, three chords and the truth. Deep Purple had way more than three chords, but it might be close enough for show business.
And that's round one. Keep checking in over the next few weeks as we examine all 15 nominees and make what are almost certainly erroneous predictions. Because that's how we roll. (Victor D. Infante)


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PMQ's Weds. 14 October, 2009
The reading of the names of the 37 soldiers and miliatary personnel who have given their lives was too much for me ; may God bless them all. I can't make further comments on today's PMQs.
Vodpod videos no longer available.
House of Commons
Wednesday 14 October 2009
The Prime Minister was asked—
1. [292263] Ann Winterton (Congleton) (Con): If he will list his official engagements for Wednesday 14 October.
The Prime Minister (Mr. Gordon Brown): Before listing my engagements, and on behalf of all parts of this House and the leaders of all political parties, it is right that we should pause to pay our full respects to the members of our armed forces who have given their lives on behalf of our country in Afghanistan.
This is a solemn moment for this House and our country. It is the day on which we put on record in the House of Commons our gratitude and our commemoration of the sacrifice made by 37 of our armed forces serving our country in Afghanistan: from the Royal Marines, Sergeant Lee Houltram; from the Light Dragoons, Trooper Phillip Lawrence; from 2nd Royal Tank Regiment, Trooper Brett Hall; from 5th Regiment Royal Artillery, Warrant Officer Sean Upton; from 40th Regiment Royal Artillery, Lance Bombardier Matt Hatton and Bombardier Craig Hopson; from 1st Battalion Grenadier Guards, Guardsman Jamie Janes; from 1st Battalion Coldstream Guards, Guardsman Chris King and Lance Corporal James Hill; from 3rd Battalion the Royal Regiment of Scotland, Private Kevin Elliot and Sergeant Gus Millar; from 2nd Battalion the Duke of Lancaster's Regiment, Kingsman Jason Dunne-Bridgeman; from 2nd Battalion the Royal Regiment of Fusiliers, Fusilier Simon Annis, Fusilier Shaun Bush, Fusilier Louis Carter, Lance Corporal James Fullarton, Corporal Joseph Etchells and Sergeant Simon Valentine; from 3rd Battalion the Yorkshire Regiment, Private John Young; from 2nd Battalion the Mercian Regiment, Private Gavin Elliot, Private Jason Williams and Acting Sergeant Mike Lockett MC; from 2nd Battalion the Royal Welsh, Private Richard Hunt and Private James Prosser; from the Parachute Regiment, Private Kyle Adams, Lance Corporal Dale Hopkins, Corporal John Harrison and Corporal Kevin Mulligan; from 2nd Battalion the Rifles, Rifleman Aminiasi Toge, Rifleman Daniel Wild, Acting Sergeant Stuart McGrath, Sergeant Paul McAleese and Captain Mark Hale; from 11th Explosive Ordnance Disposal Regiment, Royal Logistics Corps, Captain Daniel Shepherd; from the Royal Electrical and Mechanical Engineers, Craftsman Anthony Lombardi and Lance Corporal Richie Brandon; and from 34 Squadron Royal Air Force Regiment Acting Corporal Marcin Wojtek.
Nothing can erase the pain for their families. Nothing can be greater than the pride that we take in their contribution to our country, and our sadness at their loss. I know that the thoughts and prayers of the whole House are with the families and friends of all these brave men. Their lives live on in the influence that they will have left behind on other people, and they will not be forgotten.
We should also pay tribute to all those who have been wounded and who face rehabilitation, and assure them that they will have our full support at all times.
This morning, I had meetings with ministerial colleagues and others, and I shall have further such meetings later today.
Ann Winterton: All Members will wish to associate themselves with the Prime Minister's expression of sympathy for the families and friends of those who have fallen in Afghanistan since the House last met for Prime Minister's questions.
When the Lisbon treaty comes into force, the Council of the European Union will become a formal institution of the European Union, and the United Kingdom will be a member of that institution. Will the Prime Minister confirm that he is bound by its rules, and is thus obliged to further the objectives of the European Union in preference to those of the United Kingdom?
The Prime Minister: I thank the hon. Lady for her tribute to those brave men who died in Afghanistan, and I hope that the message will go out today that all political parties—every Member of this House—want to send their sympathy and condolences to every family concerned.
We joined the European Union in the 1970s, and we hold by our obligations to the European Union, but that does not prevent us from representing the national sovereignty of this country.
2. [292264] Dr. Tony Wright (Cannock Chase) (Lab): May I ask my right hon. Friend what he thinks is more dangerous: politicians becoming generals, or generals becoming politicians?
The Prime Minister: I think that I know what my hon. Friend is thinking about. Let me put on record my thanks to the Chief of the General Staff, Richard Dannatt, for the work that he did for our country.
Mr. David Cameron (Witney) (Con): The list that the Prime Minister has read out of those who gave their lives over this summer in the service of this country is a very sombre reminder of the incredible sacrifices that the armed forces make on our behalf. Those 37 men have left parents, wives, partners, children, brothers and sisters. Those loved ones feel the loss not just today, or on the day when their loved one fell; they will feel it for the rest of their lives, as they think about the lives that could have been lived.
We must be clear about what has happened in our country. Two wars over eight years have seen thousands of people serve, hundreds killed and many more wounded, and whole communities affected, as they have celebrated the success of our armed forces but also mourned the losses. I know that the Prime Minister has looked at these issues before, but is it not now time for a more fundamental re-examination of every aspect of the military covenant, and everything that we do for those brave men and women and for their families, who wait for them at home?
The Prime Minister: Again, I am very pleased that the right hon. Gentleman associates himself, as I knew he would, with the commemoration of those people who have died during the course of the summer. It has been a particularly difficult summer for our armed forces, and also for the families of those members of our armed forces, with their worries about their loved ones who are serving in Afghanistan.
What we have tried to do over the past few months is make sure, first of all, that all military men and women on service in Afghanistan, and in any place around the world, are fully and properly equipped for the tasks that they have got to undertake. I am happy to share with the House, in a statement in a few minutes from now, the extra measures that we are taking to protect our troops in Afghanistan, particularly against electronic devices, which have been the cause of 80 per cent. of the deaths over the past few months.
I also want to assure the House—again, I am very happy to go into this in more detail in the statement on Afghanistan—that we stand by the military covenant with all military families in this country and all serving members and former members of our armed forces. That is why we published a White Paper only a few months ago looking at the range of services, from education and health to the possibility of jobs after members leave the armed forces and help that is given when people are on location in the different countries in which they serve. I believe that that White Paper is an indication—I think that it had all-party support—of the determination of all of us to stand by our military.
If there are further suggestions about what we could do, I am very happy to look at them. We have an in-service allowance. We have increased the facilities available to members' families for phone calls. We have done what we can to make sure that the pay of the armed forces rises faster than the pay of the rest of the community. We have done what we can at Selly Oak and Headley Court to make sure that we give the succour that we can to those people who have been injured. I believe that if we build on that record, we will be doing the right thing, but obviously I am happy to listen both to members of the other parties and to the Select Committees on what more we can do.
Mr. Cameron: The Prime Minister mentioned Selly Oak and Headley Court. What we do there is remarkable. There is no doubt about that, and because of the advances in battlefield medicine, many people who previously would have died of their wounds are surviving. That is obviously fortunate, though they have to live with those injuries for the rest of their lives. Soon the issue will become how we help them as they grow older. So-called recovery centres proposed by organisations such as Help for Heroes are excellent proposals. There are some concerns that the Government are a slightly slow-moving partner in this endeavour. Can the Prime Minister update us on what is being done to help more recovery centres get going?
The Prime Minister: Let me pay tribute to the medical facilities that are available both at Camp Bastion and in Britain. I have visited them myself, as I know other Members have. These are the most advanced medical facilities available to our troops and it is right that they are the best in the world. At Selly Oak, which I also visited recently, I saw the care that goes into helping those who are injured, many with very severe injuries indeed. When I visited Afghanistan a few weeks ago and then went to Selly Oak only a day or two afterwards, I saw how quickly treatment was given, as people had been moved with speed from Afghanistan back to Birmingham. I agree with the right hon. Gentleman about the work at Headley Court. We are anxious to continue to support that and are investing more in it.
With reference to members of the forces who retire or are not able to serve longer in the armed forces, I am concerned that compensation arrangements are satisfactory. That is why, after the recent court cases, the Secretary of State for Defence has set up a review headed by a former Chief of the Defence Staff to look at those issues of compensation. On future employment and some of the projects that have come forward to help armed forces—men and women—who are looking for alternative opportunities after they recover from their injuries, we are determined to do everything we can. I believe, and it is right to say, that there is all-party support for this extra work.
Mr. Cameron: As well as the physical injuries, there are of course the mental scars. It is estimated that after the Falklands war, more service personnel committed suicide than died in that conflict. We must not make the mistake that has been made in the past of brushing this under the carpet. In the United States veterans are contacted regularly, even decades after they have served. Does the Prime Minister agree that that should happen here as well?
The Prime Minister: As the right hon. Gentleman knows, we have a Minister nominated as the Veterans Minister. We try to keep in touch with all the veterans organisations. I met the Royal British Legion recently. In the White Paper, where we itemised the services available to soldiers, armed forces members and former armed forces members, we talked about the mental health services that are available for the future. We wanted to ensure that those people who are members of the armed forces and former members of the armed forces had priority in health service treatment. That was the purpose of the White Paper and the recommendations in it. Again, I believe there is all-party support for that.
Mr. Cameron: I hope the Prime Minister will look at that specific proposal as well.
We will discuss Afghanistan in a moment, but I want to ask the Prime Minister a specific question about the Territorial Army, an organisation that plays a vital role in our armed forces and has lost many people in Iraq and Afghanistan. I have had a specific case of a serving officer who is due to go to Afghanistan in October 2010. He has been told that of the training days that he should have between now and then, he will be paid for only half of them. Let us be clear about what is happening. Volunteers—they are volunteers, being asked possibly to lay down their life in the service of their country—are not getting the basic training that they need. Does the Prime Minister agree that this is totally unacceptable?
The Prime Minister: I shall look at everything the right hon. Gentleman says about the matter and I shall write to him about the individual case that he has raised. I can tell him also about what we have done in the Territorial Army, which has been celebrating its 100th anniversary. We have tried to make sure that the effort of the Territorial Army can be linked to the work that we are doing in Afghanistan, so we have given priority in the work of the Territorial Army to what it can do to help the effort in Afghanistan. I will write to the right hon. Gentleman with the details of what we are doing in that respect.
Mr. Cameron: The Prime Minister told us in an answer that he gave at the beginning of Prime Minister's questions that in his statement he will say that we must not send armed forces personnel into battle without the proper training. Two things appear to be happening. One is that basic training for all TA members is being cut. Also, I have the specific case of someone who knows that he is going to Afghanistan in October 2010 having his training cut. A conversation is going on between the Ministry of Defence and the Prime Minister. I think they need to have a conversation after Prime Minister's questions in which he says that that is unacceptable and must stop.
The Prime Minister: The reason why the Defence Secretary was talking to me was to assure me that the Territorial Army work that is directed towards Afghanistan is properly resourced and will continue to be properly resourced. If the right hon. Gentleman has an individual case that he wishes to raise with me, or if any Member has, I shall look at it in detail, but our determination is that every member of our armed forces who is in or going to Afghanistan is both trained and equipped for the work that they undertake. The right hon. Gentleman will see from the statement that I make later this afternoon that we are doing everything in our power to make that happen. I hope that he will then look at the statements that are made by the Chief of the General Staff and the Chief of the Defence Staff, which will support exactly what I am saying.
Mrs. Madeleine Moon (Bridgend) (Lab): Last Saturday, I was joined by the Porthcawl Guides to celebrate 100 years of Guiding. A year's celebration is taking place throughout the world to celebrate that wonderful movement. Will the Prime Minister join me in sending congratulations to the Porthcawl Guides, to all Guides who have taken part in the movement over the past 100 years and to those men and women who have supported Guiding throughout that period?
The Prime Minister: I think that all parts of the House will want to congratulate the Guides on 100 years of service to our country, and congratulate those officers and leaders of the Guides who have done so much to encourage young people and young women, in particular, to make sure that they can make a very big contribution to the community. Our best wishes go to the Guides on their 100th anniversary.
Mr. Nick Clegg (Sheffield, Hallam) (LD): I should like to add my own expressions of sympathy and condolence to the families and friends of the 37 British servicemen who tragically lost their lives serving in Afghanistan over the past three months. We all owe them an immeasurable debt of gratitude for their bravery, their professionalism and their sacrifice. We also owe it to every single one of them to ask the difficult questions about what we are doing in Afghanistan. Are we doing the right things to succeed, as I strongly believe that we must?
Many people in the country today will be simply asking themselves why British soldiers are fighting and dying for a Government in Kabul who are deeply corrupt and have presided over widespread electoral fraud. I know that the Prime Minister is giving a statement later about troop numbers, but does he not owe it to those troops to say clearly where he stands on an Afghan Government whom he is asking British soldiers to defend?
The Prime Minister: I am grateful to the right hon. Gentleman for supporting the message of condolence and sympathy that we are sending to all the families of those who have been bereaved as a result of what has happened this summer, and I appreciate his direct comments on that.
On our presence in Afghanistan, let me say first—I shall talk about this in more detail later—that no one can be satisfied with what happened during the elections in Afghanistan. Every one of us has questions that have to be answered, not so much about the security that was attached to the election, because a huge amount of work by our troops and forces went into that, but about the amount of ballot rigging that appears to have taken place. Everybody knows that 1 million votes are being examined out of the 6 million or 7 million votes that happened, but they are the subject of the international commission's examination of the issues. So I hope that the right hon. Gentleman will wait until we have the final conclusion from the electoral commission and then accept that we will have to follow its verdict. I believe that the commission, which is half Afghan and half international, has looked at the issues in a great deal of detail, and I believe that it will report very soon.
But I have to say to the right hon. Gentleman that, facing an insurgency, it is remarkable that elections took place at all; and it is remarkable that 6,000 polling stations were open at all. That is a tribute to our forces and other forces making it possible for this infant Afghan democracy to hold an election, organised by itself, in the first place. We are there, and I tell him why we are there: we are there to protect the streets of Britain; we are there because al-Qaeda poses a threat to us as well as to other countries; and we are there because, if al-Qaeda took control again or had an influence in Afghanistan under a Taliban Government, the people of this country would not be safe.
Mr. Clegg: I am grateful to the Prime Minister for his reply, but we cannot live in denial about the total lack of legitimacy of the present Afghan Government. General McChrystal himself has said that the job of our troops is becoming more difficult because of corruption in Government. Hundreds of thousands of votes were given to President Karzai by block votes from a warlord accused of war crimes. So if President Karzai is declared the winner of this flawed election—can I be precise?—will the Prime Minister urge Karzai immediately to form a Government of national unity bringing in opponents from other political groups and other ethnic groups, because otherwise he will risk losing the support of the international community?
The Prime Minister: I am grateful for the right hon. Gentleman's comments, but the whole purpose of the commission that is looking at the conduct of elections is to eliminate those votes where there has been ballot-rigging or fraud. That is why it has taken so much time to examine these issues. I hope that he will wait until he sees the report of what the commission has done, what it recommends and what it proposes, whether it is for a second round or whether it has come to a conclusion about who is the winner.
As for President Karzai, and the future, I will also talk about this in a few minutes, but I talked to President Karzai yesterday. I also talked to Dr. Abdullah, who is the second candidate in the elections. I asked them for an assurance that they will sign a contract with us and the other allied powers about the elimination of corruption, the proper conduct of Government, the appointment of governors who can actually manage in the provinces, and the appointment of junior officials who can do that as well. I also asked him, as I will report later, to support our forces with a proper number of Afghan forces working with them.
3. [292265] Mr. Gordon Prentice (Pendle) (Lab): Two years ago, we lost blue light accident and emergency services in Burnley and everything went to Blackburn, 25 miles away from where I live, at the furthest edge of the patch. People in Burnley and Pendle, members of all political parties and none, want accident and emergency back in Burnley. As a first step, will my friend commission an independent review by clinicians from outside the area with no axe to grind, which is what people want?
The Prime Minister: Of course I understand my hon. Friend's concerns and those of his constituents, and I will ask the Health Secretary to meet him to talk about these issues—but as he knows, the reconfiguration of national health services is a matter for the NHS locally. I understand that the review concluded in July and that it has been accepted by both primary care trusts and by East Lancashire Hospitals NHS Trust. I understand that a programme implementation board is in place, and that the board is confident that this will not undermine services locally. However, he will want to have that meeting with the Health Secretary and he can come back to me afterwards.
4. [292266] Steve Webb (Northavon) (LD): The Prime Minister will appreciate that falling mortgage rates are of no value to most pensioners, while falling savings rates are leaving them out of pocket. At the same time, the costs of the things that pensioners spend their money on, such as council tax, food and fuel, are rising rapidly. Does he accept, therefore, that a 2.5 per cent. pension rise in April will leave many pensioners out of pocket, and what is he planning to do about it?
The Prime Minister: First of all, in the light of what we knew was happening to interest rates—I hope that the hon. Gentleman will agree that it is important that interest rates are low, not high, at this stage—the Chancellor made proposals in the Budget to improve the individual savings account, and proposals for people to be able to invest more in that individual savings account tax free. At the same time, the hon. Gentleman knows that we have taken measures to ensure that the pension credit is available to 2 million pensioners and that the winter fuel allowance will be paid to pensioners in the next few weeks, with a higher rate for those who are over 80; and we are determined to do our best to ensure that, even in a low-inflation environment, the pension will rise by at least 2.5 per cent. So we are taking the measures that are necessary to ensure that pensioners are protected against a recession that is hitting every country, but in our country we have taken special measures to help the unemployed, home owners, and pensioners as well.
Mr. David Anderson (Blaydon) (Lab): Does the Prime Minister agree that the best way to resolve the Royal Mail dispute would be to get the parties around the negotiating table? If he does, will he tell Lords Young and Mandelson to start to concentrate on that and stop attacking the Communication Workers Union?
The Prime Minister: We want a settlement of this dispute, and we want to say that this dispute is not in the interests of anybody. I have to say that if Royal Mail starts to lose major contracts such as those of some of the major firms in this country, it will be difficult for it to regain those contracts over a short period of time. I know that Ministers are working actively to ensure that the parties—the management and the work force—are negotiating. I hope that they will do so, and I hope that this unnecessary strike can be prevented.
5. [292267] Peter Bottomley (Worthing, West) (Con): Carter-Ruck, experts in reputation management, are reported as saying that their original injunction gave them the power to prevent what was said in Parliament from being reported. No court should grant such an order and I intend to report the solicitors to the Law Society for asking for the injunction.
Will the Prime Minister see whether it is possible that any court that grants a secret injunction or emergency injunction should have a copy placed in the Library of the House of Commons and the Press Gallery, if necessary hiding the name of a child or details of grave national security?
Will the Prime Minister also ask whether any such emergency order can be reviewed the next working day at the Court of Appeal?
The Prime Minister: I am pleased that the hon. Gentleman has raised this issue, because I think it is important that I and the Justice Secretary can say something to him about the concerns that he has raised. This is an issue where an injunction has been awarded, but it has been awarded in the context that it has to remain secret and people are not told what the outcome is generally. The Justice Secretary has talked to the parties concerned and is looking into this issue. He will discuss the matter personally with the hon. Gentleman, and I hope that on the basis of what he suggests progress can be made not just in this case but more generally, to clear up what is an unfortunate area of the law.
Ms Katy Clark (North Ayrshire and Arran) (Lab): The Prime Minister will be aware that the Scottish National party Government have put a proposal for a coal power station at Hunterston in the planning framework in Scotland. Can he confirm that no such coal power station will be allowed to go ahead without carbon capture being in place?
The Prime Minister: I think my hon. Friend would agree that any new coal power station has got to be carbon capture-compliant. That is what we wish to ensure happens in every area of the country in the future. We are planning major investments in carbon capture and storage. I have talked to people throughout the country who wish to make those investments, and it is important that we go ahead on that basis in the future.
6. [292268] Mark Williams (Ceredigion) (LD): I know that the Prime Minister is aware of the extent of the affordable housing crisis across rural Britain and many of the innovative ways in which local authorities are trying to address the problem through section 106 agreements. Does he share the sense of bewilderment and anger of many of my constituents that despite the bail-out of the banks, many mortgage providers are still operating a very belligerent attitude, not giving sufficient mortgage offers to mortgagees and offering them incredibly high and unaffordable deposits, and would he—
Mr. Speaker: Order. The Prime Minister.
The Prime Minister: I do agree with a lot of what the hon. Gentleman said. Building societies and banks have an obligation under the agreements that they have signed with the Government to make available mortgage finance as well as small business finance, at affordable rates, to members of our community. However, I think he will also agree that we have put aside £1.5 billion to build another 20,000 extra affordable homes over the next period of time, for rent and for low-cost home ownership.
We are doing what we can as a Government to give local authorities more powers to build and to ensure that the private sector responds with offers such as shared purchases and shared equity, as well as the new public investment that we are making. We are doing what we can and will continue to pursue a policy that we hope over time will give everybody an affordable home in this country.
7. [292269] Dr. Alasdair McDonnell (Belfast, South) (SDLP): The Prime Minister will recall that some months ago I raised serious concerns with him about banks now fleecing small businesses to recover the monies that they lost through foolish and reckless deals. Is he aware that things are getting worse in many cases? Indeed, the Halifax, which is part of the Lloyds group and was effectively nationalised, is one of the worst offenders. Credit has been withdrawn and refused, but worse still I have a note here that says that currently, small overdraft facilities are costing £13 a month, even for £2,000, and that is going to go up on 6 December—
Mr. Speaker: Order. I think that the Prime Minister has got the gist of it. The Prime Minister.
Dr. McDonnell: Can the Prime Minister—
Mr. Speaker: Order. I think the Prime Minister knows what the question is.
The Prime Minister: We have signed agreements about lending with these banks, and we are determined to impose them. Our evidence is that large companies are able to get money at the moment and that medium-sized companies are generally able to get money, but there are specific sectors in which it is very difficult. Small businesses need additional help, and that is what we are trying to make available through the Department of Business, Innovation and Skills.
I can also say that 200,000 companies have been able to get help with their cash flow through the measures that we introduced to help small businesses, and £4 billion has been deferred by the Treasury. That is a measure that we have taken, as we have helped home owners and the unemployed, but it depends on our being willing to spend money to take us out of recession. That is our decision, and that is our choice. It is unfortunate that it does not have all-party support in this House.
Mr. Elfyn Llwyd (Meirionnydd Nant Conwy) (PC): On behalf of my party and my hon. Friends in the Scottish National party, may I associate myself fully with the words of condolence and sympathy expressed by the Prime Minister?
On the military covenant, for some 12 months or so I have been trying to obtain information from the Government. Could the Prime Minister tell me now, please, how many ex-service personnel are currently in prison?
The Prime Minister: I do not have the exact figure and I will write to the hon. Gentleman on that specific matter, but more help is available now than ever before for people who leave the services, so that they avoid either being homeless or, alternatively, being without jobs or opportunities. If he reads the White Paper in which we put forward our proposals, he will see that more is happening than ever before to help those people. Of course, that has got to be improved over the years, and we will do so. I hesitate to say what the figure is at the moment, but I will write to him immediately after Question Time.
8. [292270] Julie Morgan (Cardiff, North) (Lab): The Prime Minister has been a great champion in the fight against child poverty and under this Government child poverty has fallen, but there are still far too many children living in poverty, and in Wales, too many children living in workless households. What further measures can he propose to bring down child poverty?
The Prime Minister: We are committed to eradicating child poverty in this country. We have taken half a million children out of poverty as a result of child tax credits, child benefit and other measures that we have taken. I hope that there is an all-party consensus on removing child poverty, but I have to say to the House that we cannot cut child poverty if we cut child tax credits, we cannot cut child poverty if we cut educational maintenance allowance, we cannot cut child poverty if we cut Sure Start, and we cannot cut child poverty if we deny young people the chance to get both the best education and the best opportunity for work.
9. [292271] Mark Hunter (Cheadle) (LD): The RAF has identified the need for three further aircraft to replace Nimrod R1 spy planes. New Nimrods, built in my constituency in Woodford, in which the Government have already invested £3.6 billion, are ideal for the task. Will the Prime Minister therefore explain why his Government have chosen instead to buy 40-year-old American aircraft and how that ties in with his commitment to British jobs for British workers?
The Prime Minister: I know that the hon. Gentleman is interested in future work for his constituents—that is why he is raising this question. I can tell him that we have not made a final decision on the next stage of orders and I will write to him when we do so.
Anne Moffat (East Lothian) (Lab): Does my right hon. Friend share my concern about the ever-increasing exploitation in the construction industry, in which foreign workers are driving wages down and where people are not complying with certain safety regulations. The matter comes up in my surgery on a regular basis. Both foreign and indigenous workers are being exploited by the employers. Do we need stricter regulation?
The Prime Minister: That is exactly why we are bringing in the agency workers directive and giving it legislative power through the House of Commons. I can also say that there is a helpline for vulnerable workers, which we set up after we had the vulnerable workers commission. The helpline is available to anybody, on a confidential and anonymous basis, to put their complaints, and we will deal with those complaints. It is in nobody's interest that vulnerable workers are left without the help that they need, and I hope that we can do everything possible to support them.
10. [292272] Sir Michael Spicer (West Worcestershire) (Con): Will the Prime Minister confirm that he will soldier on to the bitter end?
The Prime Minister: We have got a programme for Government. Unfortunately, the other side do not.
England Regain The Ashes!!!
Andrew Strauss and his team played well despite anxious moments. Ricky Ponting's team seemed to be in a hopeless position but made significant runs. A good day's cricket.
Cricket: The Ashes – 5th Test – Ponting & Clarke OUT!!!
Cricket: The Ashes – 5th Test – The Oval – Katich & Watson OUT!!!
Good start as Broad & Swann down Katich & Watson.
Cricket: The Ashes – 5th Test – The Oval
For goodness sake why didn't Strauss put in his best bowlers to attack – Flintoff has become a waste of space and Harmison has lost it! At this rate the Aussies will retain the Ashes!
Cricket: The Ashes – 5th Test at The Oval – Australia's 2nd Innings
England have now declared 373 for 9. Australia needs to gain 546 runs to win and given the quality of some of their batsmen quite possible. So England's bowling needs to really hammer home and go for quick wickets!
Australia now begins its crucial 2nd innings.
The Ashes – 5th Test at The Oval – England 2nd Innings.
It's day three and we may well see an exciting day's cricket. Hopefully, England can try to move ahead with runs and build a good score!
npower Test Match Series: England v Australia
20-08-2009 at The Brit Oval, Day 3 of 5
In Play
England won the toss and decided to bat
England 1st Innings
332 all out (90.5 overs)
England 2nd Innings
64 for 3 (30.0 overs)
Australia 1st Innings
160 all out (52.5 overs)


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City of Lincoln
Mayor's Office
Mayor's Office
Volunteers are needed to assist with "Go Green for Big Red," a collaborative game day recycling effort conducted by the City of Lincoln Recycling Office, UNL Recycling Services and AmeriCorps.
Volunteers walk designated parking lots in pairs before Nebraska home football games distributing plastic recycling bags and encouraging fans to recycle empty cups, cans and bottles. Volunteers collect the bags after kickoff.
Volunteers will meet at 1:30 p.m. Friday prior to the Nebraska-Colorado game on the west side of the Sheldon Art Museum to get their assignments. Raising Cane's Chicken Fingers and Pepsi will provide snacks for all volunteers.
For more information, contact Linda Stevenson at 441-8004 or email@example.com.


text: I am a newbee... I want to know if there is a possibility of exporting custom search limits to another computer. for example, I created few custom limits based on Aland's synopsis. Now, I have saved it and want to share with one of my friends ... how can I do that ? I use BW7


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Events Around the World
Dress Up, Speak Up: Costume and Confrontation
Dress Up, Speak Up is a multimedia exhibition exploring the role of costuming, iconography, and performance in constructing Identity and confronting history. With over 35 participating artists representing 22 nationalities, Dress Up, Speak Up delivers a global investigation of these concepts, while reconfiguring, reimagining, and reconstituting history to explore the legacy of European colonialism.
Grantee: Le Dinh Q.
NOW: A dialogue on female Chinese contemporary artists
NOW explores how the diversity of current female artistic practice transcends notions of gender difference to offer hybrid perspectives on their socio-political environment. ACC alumni Li Shurui, Ma Quisha and Yin Xiuzhen are some of the most exciting female artists working in mainland China.
From giant installations and elusive sculptural pieces challenging and exploring everyday objects to powerful and other-worldly visual narratives, the huge variety of artworks found throughout the NOW programme, reflects the many viewpoints of artists in the wake of feminist movements of the past.
Grantees: Ma Qiusha, Li Shurui, Yin Xiuzhen
Table Manners: A Feast of Visual Arts, Theater and Culinary
This exhibition is based on the perception that radical avoidance of food on the one hand, and its excessive consumption on the other, are deviations from the middle way; the two meet up where fine taste ends. Abstaining entirely from food as a performative artistic act that has exceeded its own limits is the core of Franz Kafka's Hunger Artist. The tale's hero fasts before an audience of spectators for forty days, until the audience grows bored. The artist continues to fast in a circus cage containing only hay. One day an inspector finds the artist dying under the hay, and asks him why he did not eat.
Grantee: Ozawa Tsuyoshi
Symphonie Fantastique
Twenty years ago in 1998, ACC grantee Basil Twist debuted his boundary-breaking response to Berlioz's 1830 "Symphonie Fantastique" to universal acclaim, inaugurating HERE's intimate Dorothy B. Williams Theatre. In the two decades since Symphonie Fantastique's premiere, Basil Twist has become an internationally recognized artist in opera, ballet, and on Broadway, and has won countless awards including the illustrious MacArthur Fellowship. Twist will revisit his legendary masterpiece as part of HERE's 25th Anniversary Season. In this revival, accompanied live by the virtuosic pianist Christopher O'Riley playing the exquisite Liszt transcription, Symphonie floats and swirls in a 1,000-gallon water tank neatly disguised as a puppet stage. For the many who never saw it, and for those who relish seeing it again and again, the return of this tour de force to HERE is the event of the season.
Grantee: Basil Twist
Jean Shin: Collections
Contemporary artist Jean Shin (American, born South Korea 1971) transforms everyday objects—worn-out shoes, fashion remnants, military uniforms—to create dynamic works about connection and belonging. Her installations, often made from donated and discarded materials, raise provocative questions about what, and how, we consume.
On view in this exhibition are six large-scale installations and a video that tell powerful stories about the military, the fashion industry, and Shin's own Asian American community.
Grantee: Jean Shin
How Little You Know About Me
The National Museum of Modern and Contemporary Art, Korea, presents <How Little You Know About Me> the first in MMCA's 2018-19 exhibition series revolving around the keyword 'Asia'. <How Little You Know About Me> is a question we pose to ourselves ("how do we understand Asia?"), and also one that we raise against the images portrayed and labeled as Asia throughout history. In <How Little You Know About Me> "Asia" does not simply refer to a geographical region or identity -- it is a multifaceted critical framework that enables a new way of perceiving the world.
ACC alumni Yusuke Kamata is one of the 15 participating aratists in this group exhibition.
Grantee: Kamata Yusuke
Adventure in "Seeing"
Seeing is something most of us take for granted. Yet, to consciously see is surprisingly difficult, and as a result, we tend to miss much of what there is to see. An art museum is a place for "seeing," "admiring," and "thinking about" artworks. To the visitors to this exhibition, whether they normally enjoy viewing artworks or find it difficult, we would like to say, "First of all, begin by seeing well." The exhibition "Adventures in 'Seeing'" starts there.Open yourself to the artwork a little more than usual. Stand and view it 10 seconds longer than usual. After viewing it thoroughly, relax and view it a little more. Doing so, you will begin to see details you had not noticed, and your imagination will have time to come into play. Discoveries, surprises, and new feelings will come to you in an experience really no different from an adventure story.
Grantee: Suzuki Hiraku
SUPERPOSITION: Equilibrium & Engagement: 21st Biennale of Sydney
SUPERPOSITION: Equilibrium & Engagement, curated by Artistic Director Mami Kataoka, presents the work of 70 artists and artist collectives from 35 countries at the Art Gallery of New South Wales, Artspace, Carriageworks, Cockatoo Island, Museum of Contemporary Art Australia, Sydney Opera House and 4A Centre for Contemporary Asian Art.
The Biennale of Sydney is located on the traditional lands of the Gadigal people of the Eora nation. The Biennale acknowledges the traditional custodians of the land and pay respect to Elders, both past and present.
Grantees: Noguchi Rika, Tawatchai Puntusawasdi, Tiffany Chung, Yanagi Yukinori
NEW PLANET PHOTO CITY - William Klein and Photographers Living in the 22nd Century
Leading 20th century photographer William Klein had a decisive influence on modern visual culture with his expression that went beyond genres such as photography, movies, design and fashion, and his works capturing the cities of the world, including New York, Rome, Moscow, Tokyo, Paris, etc. In this exhibition, 21_21 DESIGN SIGHT introduces the city vision of Klein and Japanese and Asian photographers trying to examine the cities and people of the 21st century with a fresh perspective and greatly transcend the frames of conventional photos.
Grantees: Morinaga Yasuhiro, Shen Chao-Liang
Apichatpong Weerasethakul: The Serenity of Madness
Apichatpong Weerasethakul: The Serenity of Madness, is a solo exhibition by visual artist and ACC grantee Apichatpong Weerasethakul and is curated by ACC grantee Gridthiya Gaweewong. A leading figure in contemporary film and art, Apichatpong Weerasethakul has developed a singular realist-surrealist style in which he portrays the everyday alongside supernatural elements, suggesting a distortion between fact and folklore, the subconscious and the exposed, and various disparities of power. The artist's passionate positions regarding class, labor, sexuality, science, and spirituality have informed his practice from early in his career to the present, and his work reveals stories often excluded in history in and out of Thailand: voices of the poor and the ill, marginalized beings, and those silenced and censored for personal and political reasons.
Curated by Gridthiya Gaweewong, Apichatpong Weerasethakul: The Serenity of Madness, uniquely presents a selected survey of rarely seen experimental short films and video installations by Weerasethakul, alongside his photography, drawings, sketches, and archival material that explore threads of sociopolitical commentary. In tandem with the exhibition, the Oklahoma City Museum of Art will present a retrospective of the director's theatrical releases in its Samuel Roberts Noble Theater. The exhibition will also feature a special opening event for the Museum's recently launched Film Society.
Grantees: Apichatpong Weerasethakul, Gridthiya Gaweewong
"Shuta Hasunuma : ~ ing"
Internationally acclaimed composer and artist -- and ACC alumnus -- Shuta Hasunuma is known for his engagement in a wide variety of music-related activities, as a composer, producer, collaborator in genres like film, theater and dance, as well as his Hasunuma Philharmonic Orchestra, which presents concerts among musicians from different musical backgrounds. Hasunuma will present video, sound, sculpture and other works in which he has extracted the key elements of his creative process, namely, fieldwork, collaboration, and phenomena. The exhibition will consider new relationships and coexistences among people, and between humans and non-humans, while at the same time composing works for exhibition to create a singular harmony.
Grantee: Hasunuma Shuta
Oscar Oiwa in Paradise – Drawing the Ephemeral
For his latest piece, titled Oscar Oiwa in Paradise – Drawing the Ephemeral, the artist used 120 black marker pens to adorn an entire inflatable dome with illustrations of imaginative pathways, mythical forests, and swirling skies. Created exclusively for JAPAN HOUSE São Paulo, the installation took two weeks to complete with the help of five assistants. Visitors are invited to enter the vinyl balloon, where they can experience Oiwa's otherworldly, imaginary landscape. The colossal, monochrome drawing covers every surface of the 10 x 7 x 4 meter vinyl surface, and is influenced by the artist's love of comic book art, and the Brazilian urban environment.
Grantee: Oiwa Oscar Satio
2050: A Brief History of the Future
What would our world look like 32 years from now? Over fifty international and Taiwanese artists will seek to uncover the future through art at this first joint venture by the Royal Museums of Fine Arts of Belgium and the National Taiwan Museum of Fine Arts.
"2050: A Brief History of the Future," which was presented at the Louvre in 2016, will run in Taichung from March 24 through June 3 to elaborate on the concepts first proposed by French economist Jacques Attali in the 2006 bestseller "A Brief History of the Future."
Attali speculates on human and technological development in face of troubling population growth, overexploitation of resources, social inequality, and religious wars. Curator Pierre-Yves Desaive has expanded upon this framework to mount an exhibition with a Taiwanese perspective.
Grantee: Kuo I-Chen
VIET STORIES: Recollections & Regenerations
The exhibition remembers the past and captures the diversity and transformation of the current Vietnamese American community. VIET STORIES incorporates the history of refugees and immigrants from Vietnam through historical photographs, documents, artifacts, oral history interviews, and original artwork by prominent Vietnamese American artists.
Grantee: Le Dinh Q.
Looking Back - Taiwanese Photographers' Island Gazes 1970s-1990s
The three decades from 1970s to 1990s may be brief in the grand scheme of history, but seeing from a global context for Taiwan, this span of time was a critical and important transitional period for Taiwan's internal and international affairs, cross-strait development with China, and also socio-economical shifts and changes.
Under the intense social tension before and post martial law, Taiwanese photographers, from the main island of Taiwan and its outlying islands, up in the mountains or by the coastal shore, compared with those in other creative practices such as literature or painting, sought to use photography to portray and even interpret the different emotions and ups and downs unfolding in that era, as they engaged in society and interacted closely with various communities including Hokkien, Hakka, mainlanders, and indigenous groups, responding to external challenges in reality and extended inwards to examine life.
After decades of distillation and accretion, these photographic works have, in the interim, augmented the important ethos and practical foundation of photography internally in Taiwan, through the expansion of its format and phraseology. The transfixed and distinct ethic features in these artworks and also the continually overlapping and subtle contours of the islands not only serve as clues and memories for us to look back upon and use as references for constructing history; the viewpoints of the photographers have also become dignified reflective and direct "gazes" for the islands today and for this era of uproar.
Grantee: Shen Chao-Liang
Songs for Sabotage: New Museum Triennial
"Songs for Sabotage," the fourth New Museum Triennial, questions how individuals and collectives around the world might effectively address the connection of images and culture to the forces that structure our society.
The New Museum Triennial is the only recurring international exhibition in New York City devoted to emerging artists from around the world, providing an important platform for a new generation of artists who are shaping the current discourse of contemporary art and the future of culture. The first edition was initiated in 2009 with "Younger Than Jesus," organized by Massimiliano Gioni, Laura Hoptman, and Lauren Cornell. The second Triennial, "The Ungovernables," was organized by Eungie Joo in 2012. The third Triennial, "Surround Audience," was organized by Lauren Cornell and Ryan Trecartin with Sara O'Keeffe and Helga Christoffersen in 2015.
Grantee: Song Ta
Chinese Folk Pottery, The Art of the Everyday
Chinese Folk Pottery: The Art of the Everyday exhibition explores contemporary folk pottery produced within the diversity of ethnic minorities and Han people across China. It examines pottery from three perspectives: production values, functions, and aesthetics.
Grantee: Marie Woo
NINE JOURNEYS THROUGH TIME Alcantara and Art in the Apartment of the Prince
In this exhibition, offering an exceptional combination of talents, ten contemporary artistic outlooks are brought together, expressing their visions in a range of languages, from painting to fashion, from digital design to music. They have drawn inspiration from the specifics of a unique medium, and have observed Alcantara® in all its various declinations and potential, exploring its invention and production processes, working with technicians and experts, be it along independent paths or through innovative collaboration projects.
The ten artists called upon to interpret nine different space-time expeditions launched by Alcantara from the Apartment of the Prince are: ACC alumna Li Shurui, Aaajiao, Andrea Anastasio, Caterina Barbieri, Krijn De Koning, Chiharu Shiota, Esther Stocker and Iris Van Herpen, Zeitguised, Zimoun.
Grantee: Li Shurui
Dinh Q. Lê: Monuments & Memorials
ACC grantee Dinh Q. Lê revisits this historical event to create stunning photo-montages where he weaves photographic strips into a tapestry of images, a continuation of his artistic practice in the medium of print and paper. From elaborate cyanotypes to exquisite foiling works, Lê examines and captures the splendour and darkness of Cambodian history through its enduring legacy of architectural monuments and photographic memorials. His works encapsulate the common human experience of loss and redemption, merging Eastern and Western cultures, as well as personal and fictional realities.
Grantee: Le Dinh Q.
HARSH ASTRAL - The Radiants 2
"HARSH ASTRAL" is the conceptual continuation of the exhibition "The Radiants" presented by Bortolami Gallery in New York in 2015. While the theme there was radioactivity in the broadest sense set against the background of the fourth anniversary of the earthquake and resulting crisis in the Japanese nuclear power plant Fukushima Daiichi, which prompted the foundation of both the Green Tea Gallery and the UNITED BROTHERS, "HARSH ASTRAL. The Radiants 2" brings together works that revolve not only around radioactivity, but loosely and associatively follow the motif of radiation, transformation and energy in general, thus spreading out in different directions.
Grantees: Kobayashi Erika, Okumura Yuki
Kengo Kuma: A LAB for Materials
With enormous projects inside and outside Japan, world-class architect and ACC alumnus Kengo Kuma (b. 1954) is constantly on the move. This exhibition is a major survey of his projects from the past 30 years, projects underpinned by Kuma's intimate knowledge of Eastern and Western thought, both past and present, and his own innovative concepts, which include ideas on "makeru kenchiku (losing architecture)" and "shizen na kenchiku (natural architecture)." The exhibition focuses in particular on materials, which Kuma has dialoged with extensively through his work. It organizes his architecture, product designs and other achievements not chronologically but rather by the category of primary material, including bamboo, wood, paper, stone and earth, in an attempt to provide an overview of Kuma's work from the standpoint of "things."
Grantee: Kuma Kengo
Liu Wei: SHADOWS
In "Shadows" at Long March Space, Liu Wei shifts his interest from color-field abstraction to
how shadows land on materials imbibed with their own sensitivity. Liu Wei's recent large-scale installations and paintings continue to reflect his sensitivity towards urban texture in China's post-planning era. In his own abstract and streamlined fashion, he retains a certain material and affective tension which parallels the deliriousness of the landscapes around him. His 2015 solo exhibition "Colors" at the Ullens Center for Contemporary Art explored the politics inherent in abstract blocks of color: negating the image of things is in fact a violent process, leaving a strong physical impression.
Grantee: Liu Wei
Nest and Tree Hut
ACC alumnus Tadashi Kawamata's artisanal practice places him at a distance from the spotlight and the gossip columns of the art world. His work is always the result of a deep, personal commitment. Though he began his training as a painter, Kawamata soon turned to a more hands-on form of artistic practice. 'I don't trust things I can't touch. Maybe that's why I stick to tangible, concrete materials,' he says. His installations and preparatory models are all made of wood. For Kawamata, this natural, easy to find material is the most democratic available.
Grantee: Kawamata Tadashi
Skin on Skin
ACC grantee and Vietnamese-American artist Dinh Q. Lê creates a new series of woven photographs exploring the sexual revolution in Vietnam through the internet, investigating the factors driving society's moral attitude toward sexuality and the liberation of stigmas.
Grantee: Le Dinh Q.
Going Away Closer - Exposición Japón-Cuba
The works of Japanese artists have occasionally been shown in Cuba through events such as the Havana Biennial, but this is the first exhibition to present a substantial collection of Japanese contemporary art. Rather than simply feature works by artists living in modern-day Japan, the exhibition is created through dialogue and collaboration between Japanese and Cuban curators, and with Japanese artists working together with Cuban artists and local communities. It presents mainly new works—including paintings, photographs, videos, and installations—by seven Japanese (and ACC alumna Yuko Mohri is one of the artists) and four Cuban artists at Cuba's leading contemporary art museum, Centro de Arte Contemporáneo Wifredo Lam. The exhibition will travel to Tokyo, Japan in June, after it wraps up in Cuba.
Grantee: Mohri Yuko
Project House
Build A Community On Street: Project House uses pop-up strategy to tackle the phenomenon of ground-level vacant shops and the social demand for community spaces, creating a win-win situation of which creates both commercial value for the landlord and social values for community development.
Grantee: Mui Sarah Sze-wa
The goddess and the god separate under the peach tree
In The goddess and the god separate under the peach tree, Miwa Yanagi's solo exhibition, Ms. Yanagi associates Japanese mythology with Fukushima, Japan´s last major tragedy. The peach-trees photographed by Yanagi are located in the district of Fukushima and their fruits had been hit by harmful rumors. Now they are checked for radioactive contamination and that Fukushima's commercially available products are safe. They are the witnesses, as well as victims of this event.
Grantee: Yanagi Miwa
A Colossal World
"A Colossal World" investigates the reciprocal channels of influence established between multiple generations of Japanese artists and the city of New York. While these artists absorbed elements of New York's culture into new artworks, they also impacted and enriched New York's culture itself. This exhibition, though not claiming to be a historical or academic in-depth study, aims to help trace the evolution of this vibrant exchange from Japan's post-World-War-II economic boom to the present, from mid-century avant-gardes to emerging contemporary artists pushing new boundaries.
Kyungmi Kim, Kayla Farrish/Decent Structures Arts , Maleek Washington | Movement Research at the Judson Church
ACC grantee Kyungmi Kim, a dancer from Korea, is currently on her ACC New York Fellowship. She will be participating in the Movement Research Artists-in-Residence program -- a free, high visibility low-tech forum for experimentation, emerging ideas and works-in-progress held in the Fall and Spring seasons. Artists are selected by a rotating committee of peer artists, and join Movement Research Artists-In-Residence and international guests each season in performing at the historic Judson Memorial Church.
Grantee: Kim Kyungmi


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Dear friends,
Very soon I will be opening my very own Etsy shop. I have been scouring the nooks and crannies of Seattle to bring to you sweet little numbers for wee ones. Spread the word! I am excited about this project and am hopeful that it will do well.


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Game Leaders
Team Stats
Passing Yards
Rushing Yards
Time of Poss.
Andrew Woodley -- Otterbein Sports Information
WESTERVILLE, OHIO -- A late field goal by Marietta was the difference Saturday, as the visiting team defeated the Otterbein Cardinals, 30-27, at Memorial Stadium.
With the loss, the Cardinals fall to 1-7 in the Ohio Athletic Conference (OAC), 2-7 overall. Marietta moves to 3-6 overall, 2-6 versus OAC competition.
Entering the fourth quarter, Otterbein trailed 27-20. Marietta looked poised to extend their lead to two scores with the ball on the Cardinal 12-yard line when sophomore defensive lineman Zack Grieves intercepted a Marietta to halt the Pioneer threat.
Otterbein moved the ball to the Marietta 13-yard line, but senior quarterback Austin Schlosser was intercepted on the Pioneer goal line with 5:00 left in the game.
Following the interception, the Cardinal defense forced a quick three-and-out. Marietta was forced to punt after only taking one minute and 31 seconds off of the clock.
Otterbein took over the ball on their own 40-yard line, and aided by rushes of 16 and 10 by junior running back Cody Green, drove the ball into the red zone.
Schlosser connected on a 6-yard touchdown to freshman receiver Mike Ryan to tie the game at 27-27 with 1:22 left in the fourth quarter.
The Pioneers took the ensuing possession 43 yards on eight plays. The key play, a 23-yard fourth down completion by senior quarterback Andrew Keller to classmate Chad Walker, put Marietta on the Otterbein 21-yard line. On the very next play, Pioneer place kicker Jesse Shore converted a 38-yard field goal with 1.7 seconds remaining in the game to give Marietta the victory.
Green led the Cardinal offensive attack with 153 yards rushing on 24 carries.
Schlosser finished the afternoon 18-of-32 with 199 yards and four touchdowns. He threw five interceptions.
Senior wide receiver Trey Fairchild led the Cardinal receivers with 58 yards on four catches and a touchdown. Freshman wide receiver Mike Ryan hauled in four catches for 32 yards. Ryan, a transfer from Ohio State, caught his first two touchdowns as a Cardinal.
Senior defensive end Will Brown finished the game with a career-high 3.0 sacks, while senior linebacker Shane Centers added his first-career sack. Both totaled eight tackles on the afternoon.
The Otterbein Cardinals will finish their 2011 campaign next Saturday, Nov. 12, when they host Wilmington for Senior Day at Memorial Stadium. Kickoff is scheduled for 1:30 p.m.