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The Business Rusch: The End of Reversion Clauses (Deal Breakers 2012)
Dean Wesley Smith and I have spent a good part of this summer teaching, as well as talking to other professional writers. One thing we discuss is the history of the business because it helps us understand how we got to where we are.
In the beginning, publishing was a handshake operation. Writers and publishers were often friends who lived and worked in the same town. If one of them broke the handshake agreement or worse, committed some kind of dishonest act, the entire town knew and would side with the person wronged.
That attitude toward publishing extended well into the last century. After World War II, a lot of publishing houses, particularly paperback publishing houses, started in of the apartments of writers/editors/a few book lovers with money. And once again, everyone knew everyone else, and believed they could trust each other.
Still, by this point, most every business dealing had a contract at the center of it. The contract was pretty simple, essentially licensing rights for a limited time for a certain amount of money. It was a formality spelled out the terms of the handshake agreement or, as it was called then, an agreement between gentlemen. (We women were honorary gentlemen, I suppose.)
Interestingly, to me, the history of publishing—and the science fiction field in particular—contains a lot of books outlining the perfidy of those publishers who dared violate these agreements. And/or the writers who took advantage of their friends—getting contracts for them under one writer's name, then having the story ghostwritten, and the ghost writer receiving only a small amount of money.
Even when you look at these handshake and gentlemen's agreements, you see a lot of fudging going on, not to mention a great deal of stealing, outright lying, and some rather nasty personal behavior.
Which brings me to Harlequin. This month, three of Harlequin's authors filed a class action suit alleging that Harlequin used what was, essentially, a shell game to avoid paying proper royalties.
In contracts issued from 1990-2004, authors were to receive a 50% split with Harlequin on the net amount that Harlequin received on e-book rights. The dates are significant, because in 1990, e-books barely existed. In late 2004, all publishers changed their contracts to get rid of this 50/50 split. (Collusion, anyone? How did all of the major publishers manage to do that at the same time?)
There were a couple of problems in the old Harlequin contracts. First, if the books were sublicensed out—meaning the rights were licensed to another corporate entity—then the author was only entitled to one half of 6% to 8% of cover price, whatever that was.
Here's the problem: Harlequin created a Swiss company and then sublicensed the rights to that company, as if that company belonged to someone else entirely. Harlequin then paid the authors the lower rate instead of the 50%.
If Harlequin never touched the books again after mailing the files, this might not have been a problem. However, Harlequin continued to produce the books itself or, as the complaint states, "performed all the publishing functions related to the agreements, including exercising, selling, licensing, or sublicensing the e-book rights granted by the authors."
The result? Authors got paid at a significantly reduced rate. The accompanying material uses this example, "What this means to the authors can be illustrated by an e-book with a hypothetical cover price of $8.00. The 'net receipts' made by Harlequin Enterprises Limited from the exercise, sale or license of e-book rights would be at least $4.00, of which authors would be entitled to $2.00 based on their 50% royalty. Computing the "net receipts" based on the "license" between Harlequin's Swiss entity and Harlequin Enterprises, Plaintiffs' 50% royalty amounts to only 24 to 32 cents."
Harlequin claims it has done nothing wrong, and that it was blindsided by the complaint. This is merely a CYA statement, produced by lawyers, having more to do with the court case than with the actual truth. I knew this was in the works for more than a year now, and I'm not a Harlequin author.
If you are a Harlequin author who published books with the company between 1990 and 2004—or if you're in any of its imprints—check your contracts. You might be party to this class action suit.
Why am I discussing the Harlequin case, when I'm talking about negotiating contracts that don't yet exist? After all, if the writers win the class, they'll win on the fact that Harlequin didn't follow its own contract, rather than on bad contract language.
Well, because, my friends, the Harlequin example points out one other flaw of publishing contracts. They are hard for the writer to get out of. Many of these Harlequin contracts, signed more than twenty years ago, are still in effect.
Last week, I started a piece on deal breakers in publishing contracts because I'm revising blogs I wrote last summer at the request of Novelists, Inc. I reread my piece for them, and realized that while some of what I wrote is still relevant, on several issues, it no longer is.
Because this is such a big topic, I'm taking it in sections. Last week, I dealt with the deal breakers—the things writers should never allow in their contracts—that have remained the same over the past 12 months. This week and next, I'll cover a couple of topics that have changed drastically in that short amount of time.
Remember, I am not a lawyer, nor do I play one on TV. Nothing in these blogs should be taken as legal advice, just as suggestions for your own negotiations.
Last year, I suggested that writers needed to have a sunset clause in their contract. Contracts, by their very nature, need some sort of ending. They can't be "forever" or unlimited. They must have a limitation. For the past fifty years or so, the limitation in the U.S. publishing contracts has been what is called sales velocity. If the sales dip below a particular amount, then the writer can ask for a reversion.
In the past, sales were impossible if a book wasn't in a brick-and-mortar store. So if you couldn't find your book in a bookstore, and your friendly neighborhood bookseller couldn't order it, then the book was officially out of print. You would write a letter, demanding your rights back, and your publisher would have six months to put the book back into print or the book would revert to you. Simple (more or less), even if it was contingent on action by the writer (composing and mailing that letter).
The rise of print-on-demand and e-books changed the bookstore calculus. Now, a book could remain "in print" and "available" forever. With the click of a button, a publisher could send another copy of that book to the interested party.
So last year, I suggested this: Define out of print this way: The book shall be deemed out of print if, after five years in print, the author is not receiving a royalty check of at least $500 per six-month period.
In other words, your book has to have earned out its advance, and be paying you royalties of at least $1000 every single year.
Publishers are loathe to agree to this because it's not in their best interest. Negotiate on the number of years to recoup the advance—three years, five years, ten years—but never on the money. You have to be earning real money on this book for them to hang onto your rights indefinitely.
Shortly after I published this, a publisher friend of mine pointed out that such a small threshold is a tiny price for a publisher to pay to hold onto a book indefinitely. If the book doesn't earn $500 in real royalties in a time period, then the publisher could pay a $500 "bonus," to buy the right to remain in print.
I'm not sure that would work, but the point is a good one: any threshold that is based on sales or velocity or money can be worked around in the modern market.
So instead, here's what I suggest: limit the term of your license.
Technically, because contracts cannot exist in perpetuity, all copyright licenses are limited. But I'm talking about a limitation in years, not in dollars or sales. (If you don't understand what I'm talking about when I say copyright "license," then you need to do some reading. Get The Copyright Handbook and learn about copyright, because that's what you're dealing with in publishing. You don't "sell a book," you "license rights in a property." Got that?)
A limitation in years would work this way. The publisher would ask for the right to publish your book for five or ten years from the publication date. You would also limit how long it would take them to get the book into print. So, they might have a year from turn-in to publish the book and ten years to keep the book in print.
At that point, all rights would automatically revert to the author unless the publisher asks for an extension or a new contract for the same or better terms.
This sounds unusual to you full-time professionals, I know, but your savvy bestselling cousins do this all the time. Those with greedy agents do not, because if the license is limited, the author can renegotiate the deal without the agent attached or with a new agent to handle the negotiation.
I do know that many long-time major bestselling authors—those who use attorneys to negotiate for them instead of agents—have time-limitations on their licensing deals, rather than sales limitations.
It just makes sense.
Think about it: If your publisher is doing a crap-ass job with your book, you can wait through the publication period and then find a new publisher to take the work. Or, in this modern era, publish it yourself when the license expires.
That's why so many bestsellers have the time limit instead of the sales limit. Because bestsellers might never sell at a low level, so if they want to jump ship, they need a way to do so. It keeps their publisher on his toes, and it ensures that their writing gets the best presentation possible.
Such limited-time licenses are common in other countries. Every foreign publishing contract I have signed since I fired my foreign agents is a limited-time deal. The contract will expire at a particular date, which then goes into my calendar, so I am aware of it. No sales velocity to worry about, and no earnings amount.
The Hollywood options that I've had are also limited-time. I'm in the process right now of renewing a six-month option on a property that seems like it's gaining legs. The producer holding the option is keen to renew and, in this case, so am I.
In the past, however, I've used the time-period limitation to jump from a mediocre option deal to an excellent one. The new producer and I just waited for the old deal to expire, and then we made our agreement. Of course, the old producer wanted to renew—on better terms, because she knew that the new producer was waiting in the wings.
Suddenly, I was in the position of choosing between two good offers, instead of taking whatever came along.
I'll be honest here. I'm parting with a publishing company that I love this year because they wouldn't give me a time-limited contract. I negotiated with the company vice president, a very nice man who completely understood my position. He took the deal to the rest of the decision makers, who said no.
Why? The books weren't selling well enough for them to take a risk on this kind of contract. In other words, they were worried that they wouldn't recoup the right amount of profit on my titles in a limited-time deal.
"If you were a bestseller," the nice vice president told me, "we would be having a different conversation."
I suspect that if it were 2015, we would be having a different conversation as well. If all writers who remain in traditional publishing ask for a limited-time contract, then publishers would have to switch their systems to accommodate us.
I have written about this in the past, but never really took it to deal-breaker status. I am now. I think you should make your deal contingent upon a limited-time contract.
Let me forestall a comment someone will make: Writers organizations can suggest that writers do this, but cannot command it. Nor can writers organizations as a unit go the publishers and demand this change to contracts. Under U.S. law, that's collusion, and that kind of collusion is what the DOJ is currently suing some publishers over. (Lawsuits over this very issue have been successful in the past.)
Aside from convenience and an ease in future negotiations, why am I suggesting a limited time contract?
Because of what publishing has become. Even back in the day of the handshake agreements, the relationship between publishers and authors was uneasy. Now it's worse.
And the future is hard to imagine.
Dozens of people who work in traditional publishing companies follow this blog, and many of them write to me about their experiences within their company. They often ask me to make their comments without attribution.
Often, when I get letters from these folks, it's because they're seeing a trend inside their company that scares them. Or because they have heard rumors that make them worry.
I got a letter on rights reversions recently from a production editor who currently works at one of the so-called Big Six publishers (and who has worked at others in the past).
This editor says some interesting things, which I am going to excerpt here with the editor's permission. I'm also going to keep the details about this editor's job, gender, and past history to myself so the editor doesn't get in trouble at work.
I was thinking about your post on term limits for contracts. I think this is especially important right now, given what's going on in publishing. Amazon just bought Avalon, and is in the process of buying Dorchester —for the purpose of putting up their backlist, probably as Kindle exclusives. I think you're going to continue to see Amazon buying up small presses, and I don't think it's out of the question that they'd buy one of the Big Six. The big companies do get sold by their parent divisions from time to time (the last one being Warner Books). In the past, those divisions have been bought by other media companies and have continued on, business as usual, just in a different building.
In the letter, the editor states that Amazon buying Dorchester would be a good thing for Dorchester authors—and it would be much better than getting embroiled in bankruptcy or never seeing print again. The deal would force Amazon to pay back royalties (a good thing!) and it would keep the books in print. So sometimes these mergers are in the writers' best interest.
But let's go back to the editor's other very good points:
Amazon has way, way more cash reserves than other potential bidders. I think, if [Amazon] wanted it, they could buy a major publisher. And then you would suddenly see an enormous portion of the backlist of the last twenty or thirty (or seventy) years on Amazon, probably as Amazon exclusives.
The editor goes on to point out—with examples from the editor's current and former employers—of how hard it is to get rights reverted "even if the book was truly out of print." I'm still dealing with rights reversions from one recalcitrant company whom I will eventually have to take to court. I'm waiting until I have the rest of my backlist in print, because I'm hoping someone else will fight this issue out before me.
The editor's point on rights reversions is an excellent one. The editor then goes on: What I mean is, rights sold to a publisher now could end up—anywhere. Most contracts have very broad language allowing the publisher to sell a book how they want to and at a price they want to. And with Amazon entering the publisher market (and I don't think it's impossible to think Google or Apple might as well), there's no telling if five or ten years down the line an author's book might wind up being sold, or offered for free, in a way they never anticipated or intended.
I think authors still think that if they sell a book to the publisher, the publisher will follow the traditional path publishing. And even if that is the acquiring editor's intent, and the publisher's intent, things are changing so fast now, there's no guarantee of anything.
We exchanged a number of e-mails on this point, and as the editor pointed out, all of this might get settled in court. But my goal here, folks, is to make you stay out of court. How do you stay out of court? Have the best damn contract going into an agreement with another party (in this case, the publisher).
If you're scared of negotiation, pick up my short book on negotiating. Negotiating is not as hard as you think it is. And hire an intellectual property attorney to do this part of the job instead of an agent. (Or at least, hire an agent with a law degree. Otherwise, you will get screwed.)
I always tell writers that when negotiating a contract, you must imagine this: that the very nice person sitting across the desk from you negotiating for the other side retires or gets fired, and is replaced by the meanest, nastiest person you can imagine. Think of some movie villain if you have to, but imagine someone who cares nothing about you and will twist every piece of that contract to their company's benefit at the expense of you and yours. Ideally, that person wants to pay you nothing for your book or your property and wants to do it legally.
When you're negotiating your contract, imagine you're negotiating with him. Because as this kind production editor is pointing out, your publishing company (even one of the so-called Big Six) might get sold to That Guy. And if That Guy runs the company, do you think he cares about promises some fired employee of the bought-out business made to you? Of course not. You and your book have become a widget, made for generating profit for That Guy's company, and nothing else.
You can argue reversions and velocity and sales and money in court. Or you can have a limited-term contract, that automatically expires in five or ten years after publication. Then you leave That Guy's company legally with a minimum of fuss.
See why I want authors to consider limited-time period contracts as the only kind of contract? It benefits us all.
I still have a couple of other points to make on deal breakers, so I'll cover this topic next week as well.
When I do posts on things like contract terms, finances, and agents, my donations sink. Yet I believe these are some of the most important blogs I write. I'm not sure what causes this, whether I scare y'all away or if you're too busy checking your own contracts. I'm less concerned about the donations than I am about you folks. Please consider what I've written and think about these things in your future negotiations.
I want to thank everyone who has donated in the past. I also want to thank all of you who email me with leads, suggestions, and pieces of information I wouldn't get otherwise. I greatly appreciate it. I truly couldn't do this blog without you.
However, because of the way my finances are set up, this nonfiction blog has to remain self-supporting. If you've learned anything, if you like what you're reading, please leave a tip on the way out.
Much appreciated.
"The Business Rusch: "The End of Reversion Clauses," copyright © 2012 by Kristine Kathryn Rusch.
46 responses to "The Business Rusch: The End of Reversion Clauses (Deal Breakers 2012)"
Well, I'm not sure why the donations drop, except maybe more writers need to keep reading and learning what you and Dean are telling them about business, career and treating them professionally.
Selfish bastard that I am, instead of making a donation I picked up a copy of the book on negotiating anything in order to get even MORE bang for my buck. I like the sound of that title. I'm a freelance business writer now, having worked on Wall Street and in Big Consulting for years, so I'm always on the lookout for ways to improve my own business as I try to 'kickstart' a fiction career. (Yeah, I went there.) I like this. Come for the fiction writing wisdom, stay for the business classes.
Thanks for the columns, and the book.
P.S. Already have the Freelancer's Guide…thanks again.
Great post. I think you make a lot of important points, and authors really can't afford to make assumptions based on traditional publishing right now.
Thank you for this post, Kris, and your other posts like it. (You've also inspired me to buy your Freelancer's Survival Guide.)
I'm trying to sell my first novel right now, and I have to say that limited-term licenses will be a requirement for me.
On the subject of IP attorneys, does it matter if they're out-of-state? I know that for most purposes, state laws vary enough that local attorneys are a must, but I'm not sure if that's as critical for literary work.
I recently signed with Darkfuse / Delirium. 2 year rights reversion.
If you don't mind my asking, did you have to push hard for that?
I think I've written about this before, but I started reading through all my terms and conditions a few years ago after a British gaming company pulled a fun little stunt. At the very bottom of their T&C they put a little box with a check mark. Next to it, it said something along the lines of "Uncheck box if you do not wish to give your soul to 'X' company."
Less than 10% of the people who agreed to their T&C unchecked it. It caused a huge controversy and upset a lot of people.
Another story I have is when I worked for a cellphone company. A woman called in to find out when she was eligible to get a new phone. I verified her, checked her account and told her. She was confused. She had just been in the store a few months ago and gotten some equipment and changed plans. They had even gotten a new phone, but the store assured her she was eligible.
"Ma'am," I asked, "did you sign a contract?"
"Well, no," she said, "I just filled out some paperwork."
"Did you sign anything?" I said.
"Yeah," she said, "just some paperwork."
"Ma'am, did you read that paperwork?"
"No, I don't have time to read that crap," she said. "They should have told me I was signing a contract. I want to cancel!"
Always read what you sign, even on the internet. Always.
Having been screwed on sales-limited contracts a number of times, I was primed to switch but hesitant until a Swedish friend told me what he claimed was an old Swedish saying:
"Even a 4-year-old knows when it's Christmas."
Every contract from that moment on was either time-limited or (even better) gave me the right to terminate at any time for any reason. As a result, I now have rights reverted on every one of roughly 100 books, all of which are earning cash for me every year from here to eternity. (Or until the lawyers figure out a way to redefine Christmas.)
I believe the reason your donations seem to sink whenever you post on contracts, negotiation, finances and agents is because of something you have mentioned before – head-in-the-sand-mentality and authors not truly wanting to take responsibility for their careers. Well, it is a scary prospect. I'm not published yet (trying to be) and a lot of this information overwhelms me, however, I always come back and re-read and let it properly sink in. It all makes sense. I for one, am paying close attention to what you have to say, so thanks for taking the time to share these posts with us.
Another good post on the business end of writing!
You know, as fast as publishing is changing, I'd be inclined to limit the time of a contract to much less than ten years–my first instinct was three to five.
How many decade-old books are still on store shelves? Probably very few, unless they're "classics", or a new edition.
Anyway, I don't know much about the industry in that regard, but that's how my mind works. 😉
I thought you might be interested to know that the idea of a time-limited contract is creeping in here in the US, at least among smaller presses. Most of my publications so far have been through a small specialty publisher, Torquere Books, and their standard contract is time-based. It says nothing whatsoever about sales.
Just sent a donation – I was floored when you said the contributions drop when you talk about contracts, because I agree, these are some of the most important things you talk about, and this one in particular!
Yes, please please please get as many vague terms spelled out in a contract as possible. All those boring "definitions" sections in a contract are just as important as the "how much you're getting paid" portions. Most people scan through that stuff as if it's unimportant boilerplate but it's not. Ambiguity in the true meaning of words used in a contract leads to meeting-of-the-minds arguments later on which in turn breed truly horrendous legal fees. How can anyone decide if something's a deal breaker if the meaning of the term isn't spelled out?
Thank you for these posts, Kris. They're really important. Contracts, whether they're with traditional publishers or the Terms & Conditions indie writers agree to with distributors, form the basis of how a writer's going to make money with their product. Writers have to understand what they're agreeing to, and if they don't, get help from an IP attorney who does.
These types of post may result in the lowest donations, but they certainly inspire a firestorm of conversation across the internet as a bunch of people get their knickers in a knot defending their own positions (as if you attacked them personally).
Personally, I love these posts the most. So few people with actual experience and connections in the business talk about the nuts and bolts of this crazy business. One of the many reasons for the myths to run so rampant. In my opinion, we need more of this kind of information, not less.
Please keep doing them. There are people like me who eat them up and store away the knowledge for when they might need it. Even those having a knee-jerk reaction right now may change how they are thinking because of the discussion surrounding it. These posts force people to think and rationalize, even if they are uncomfortable with it. To look at their own position with possibly new eyes.
No, not everyone will listen, but you are really helping those of us who are determined to be in this for a good long time to make the best possible business decisions. Those who want careers for decades to come.
For that, THANK YOU.
I wonder… I assume Amazon would not make print books exclusive, but if they did…
Is there any sort of definition of "publish" in most contracts? I'm thinking of some of those Avalon and Dorchester books. If Amazon were to only make the books available through Amazon, would those authors have any recourse with the idea that "publish" also included distribution to booksellers? Certainly a publisher can't make a particular venue carry a book, but if that venue wants the book, I imagine publishers generally don't say no. (Unless that venue has a poor payment history or something.)
That kind of thing doesn't seem like it's covered in contracts, so it seems possible that these authors might find their books distributed in a fashion they never would have agreed to if it was explicitly spelled out. I'm not sure where that falls, legally.
I wrote down that limited time period contract down so I would remember and of course I would never sign anything unitl I had a lawyer look it over.
Of course I have made the decision to self publish right now so that I can be in control of everything. I'm beconming a bit of a control freak over my little publishing business. I don't want to work with these publishers who don't always have your best interest at heart.
Good article Kris!
I agree about not having a sales limited contract, as with Hollywood accounting (and the RIAA accounting), the publisher can make sure your sales are always low.
And then, there are the obvious "oops we forgot to count sales from Amazon" type tactics that can take months to fix (from what I've heard).
With a time limited contract, there is no ambiguity. 5 years have passed , or they haven't. The publisher can't hire an accountant to fudge with time!
I know a man in a blue box who has a way to fudge with that big ball of wibbly-wobbly, timey-wimey … stuff.
Lets just hope publishing houses never meet the Doctor and get ideas.
All very good points. The problem I have seen with respect to authors is that rarely do they have much leverage in getting anything changed in the standard contract offered by a publisher unless they have achieved the enviable status of "famous." Everyone else is just told "take-it-or-leave-it."
Thank you. It makes the Harlequin case clearer than I've seen it anywhere else. I am a Harlequin author, but my contracts don't date back that far.
Is there a list of intellectual property attorneys anywhere? I live in the UK but my biggest market is the US, so I'm thinking a US attorney is the way to go.
I love this post. Too many writers are afraid to truly negotiate out of fear that no publisher will ever buy his or her book.
Very good point. I think it's a really poisonous idea that selling a book is ALWAYS better than not, that even a bad deal is better than no deal. If you aren't honestly prepared to walk away, then you essentially have NO real power in a negotiation. My wife Chris York (AKA Christina F. York, AKA Christy Evans, AKA Christy Fifield) was willing to walk away from her first book sale because the deal wasn't right, and I've always been impressed with her courage and fortitude in doing that.

subset: commoncrawl


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The Mexican as Told by Us Mexicans
A retelling of Jack London's The Mexican by Virginia Grise & Ricardo A. Bracho - FREE ADMISSION
Culver Center of the Arts
April 5, 2013
Staged Reading
Friday, April 5, 2013, 7pm - 8pm
In 1910, the Mexican Revolution began against the autocratic rule of Porfirio Diaz. In 1911, famed socialist author Jack London published a short story, The Mexican, which details a Mexican boxer's journey from Veracruz, Mexico, to joining arevolutionary junta in El Paso, Texas, and ultimately to a prize fight in Los Angeles. The Mexican as Told by Us Mexicans is a theatrical retelling of London's short story by two renowned queer Chicano playwrights, Virginia Grise and Ricardo A. Bracho.


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Sage Karam had a seven-figure prize and was still looking for three more digits, a status symbol worthy of his SK$ moniker.
So he bought a phone.
Not just any cell, but one the Pennsylvania native purchased from a Southern California store. That way, when "Karam 424" flashed on the receiving end, it was a sign straight out of Beverly Hills that open-wheel's top American prospect wants to talk.
Business is about to pick up for the 18-year-old Karam, who won the IndyCar Series' developmental league championship and clinched P1 as Nazareth Area High School's Most Likely to Drive in the Indianapolis 500, while still a senior in high school. The championship comes with a scholarship of up to $1 million, so you can see why SK$ works so well.
With his styled blond locks and an Instagram feed full of shirtless photos, Karam seems straight out of central casting from the 90210. But one of IndyCar's next big stars is most at home in Nazareth, Pa., long known as the town the Andretti family put on the racing map.
"Racing in Nazareth is pretty big, just because of the Andretti name," Karam said, "but I'm trying to build my own legacy."
He is already on his way. From first place to 12th grade, Karam returned to his hometown this week with a "How I Spent My Summer" story that no other student could match.
"I always said, my senior year of high school, I'll make it to the Indy 500," he said. "The other kids kind of laughed about it. Now that it's almost a reality, it's no longer a joke. All those kids who laughed are like, 'Holy crap, this kid is serious.'"
Karam appears on pace to make his Indy 500 debut after proving just how serious and successful he is behind the wheel.
Driving for Sam Schmidt Motorsports, Karam won the Indy Lights championship last weekend at Auto Club Speedway, the ultimate reward for a season built on three wins, nine podiums, two poles and 163 laps led. Karam, who turns 19 on March 5, boasts the credentials to jump from Indy Lights to IndyCar and is fielding offers for a regular ride next season.
He'll review those proposals just as soon as he's finished turning in an environmental science assignment.
While IndyCar champion Scott Dixon bounced around in a zorb on early-morning TV, and three-time Indy 500 champion Helio Castroneves was mixing tunes as a guest DJ on "Ellen," young champion Karam spent his week dealing with the harsh reality of homework, wrestling practice, and, yes, finding a new job.
He ditched a final year of class for online courses, and he may have to give up his second passion, wrestling. Karam is practicing with the Golden Eagles but was noncommittal about moving forward with the season.
"I really want to, but winning the championship and almost a guaranteed ride in IndyCar kind of threw a curveball in the mix," he said. "If I get hurt, that would suck."
He also has to cut some weight if he wants to wrestle at 145 pounds — life on the road beefed him up to 156.
"I got fat!" he said.
Karam laughs and pokes fun at just about every subject during his interviews, as carefree with the media as he is on the road.
Like the weekend he lost his hard card and had to dress in his firesuit to access the track ... or the time he grabbed the mic after a runner-up finish at Pocono and told the crowd no one would disrespect him on his home turf ... or how his car caught on fire after winning at Houston because he botched the celebratory donut ... or the social media contest he ran to find a girl to model his T-shirts. Karam even tweeted, #nodudes just to make the contest rules clear.
He nearly got a group of friends kicked out of a haunted house last week for attempting a double-leg sweep on one of the employees. He had an IndyCar rep pack up the 78-by-34 1/2-inch banner of himself from California so he could hang inside his front door.
Around the track, Karam is known as SK$ (SK Money), a nickname that developed from goofing around with his rap music-loving wrestling teammates and has morphed into a full-blown part of his racing personna. He had dollar signs painted all over his helmet, truly keeping his money on his mind as he raced.
"I think next year, I'm trying to get a giant sparkle SK$ on the top of my helmet," Karam said. "That would be pretty cool."
He'll have to add a few more $$$$$ to that nickname after earning that scholarship, which he can put toward funding a fulltime IndyCar ride next season. And, he said sponsor Comfort Revolution was on board with him for an IndyCar move.
The last two Indy Lights champs have landed IndyCar rides because of that scholarship. All that cash should make him more attractive to teams when he considers offers for a 2014 ride.
Karam said he'd love to stay with Schmidt, who fields IndyCar rides for Simon Pagenaud and Tristan Vautier, and there have already been preliminary contract talks. With IndyCar starving for a homegrown American star, Karam could clearly become a throwback to the days when Rick Mears, A.J. Foyt, and Al Unser ruled the series.
But if the numbers don't work, Karam is ready to explore his options.
He's done it before, leaving Michael Andretti's organization in 2012 for Schmidt when terms couldn't be reached. Karam's father, Jody, was Andretti's fitness trainer back in the Champ Car days. Karam was 4 years old when he met Michael and became close friends with IndyCar star Marco Andretti. Karam and Marco are tight and train together, and both Marco and racing legend Mario Andretti texted and tweeted congratulations after Saturday night's clincher.
Karam said he hasn't talked to Michael since leaving for Schmidt.
"I haven't heard anything from Michael, which is kind of a shame, because my family and his family used to hang out every weekend," Karam said. "I don't see why racing and business had to come between us. But it's whatever, man. It's sports."
Karam said his eyes welled with tears over the final laps on Saturday, a lifetime of racing memories flooding his emotions right before he took the checkered flag. His family and friends threw him a party Tuesday night in the house built on the dirt track where Karam first got behind the wheel as a toddler.
It was a time to reflect and celebrate, one more time to enjoy the season before moving on to more pressing matters.
"I'm probably going to have to throw a little contest," he said. "SK$ Needs a prom date."


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Last-Minute Appeal For Death Row Inmate Troy Davis
Good morning.
Our early headines:
-- Developing: Iran Has Released Jailed Americans, State TV Says.
-- At UN: Obama To Speak As Critics Take Aim At Mideast Policy.
-- $16 Muffins, $8 Coffees, $5 Meatballs: Justice Dept. Spending Rapped
-- Former NPR News Exec Ellen Weiss Takes Job At Center For Public Integrity
Other top stories this morning:
-- Death Row Inmate Troy Davis' Attorneys File Last-Minute Appeal: "Attorneys for Georgia death row inmate Troy Davis are filing a last-minute appeal to halt his execution later today. Defense attorney Brian Kammer tells The Associated Press he will file the appeal in Butts County Superior Court, south of Atlanta, when it opens later Wednesday. The appeal asks a judge to block the execution. It argues that ballistic testing that linked Davis to the shooting was flawed." (The Associated Press)
Related story: "Georgia Is Poised To Execute Davis, 22 Years Later." (Morning Edition)
-- "Afghans Gather To Mourn Burhanuddin Rabbani": "Hundreds of Afghans have gathered in Kabul to mourn High Peace Council chief [and former Afghan President] Burhanuddin Rabbani and protest at his killing by a suicide bomber on Tuesday. Kabul was gridlocked as streets were sealed off around Rabbani's home, where ex-colleagues arrived to pay respects. Rabbani, head of the council charged with talking to the Taliban, was killed by a bomb hidden in a turban." (BBC News)
-- "Fed's 'Operation Twist,' Explained In 4 Easy Steps": It should, "in theory, drive down the interest rate on 10-year bonds. (When demand for bonds rises, interest rates fall.) Lots of other interest rates — including mortgages — are tied to the 10-year Treasury rate. So this should drive down interest rates across the board." (Planet Money)
-- "Death Toll From Reno Air Races Crash Rises To 11": "The official death toll from Friday's crash at the Reno National Championship Air Races increased to 11 on Tuesday, and all 11 have been officially identified." (Reno Gazette-Journal)
Copyright 2021 NPR. To see more, visit https://www.npr.org.


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The United States Federal Government launched the Benefits.gov Website in 2002 in the hopes of providing every American with easy and convenient online access to government benefits and programs.
This post is aligned with a network of sites interested with the intersection of small business, the philanthropic sector and government in creating healthy and sustainable communities.
Find additional information and resources on nonprofit information, educational grants and Civic Engagement programs from around the world.


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Do fishes fall in rain from the sky? To this question both the layman and the scientist are well-nigh unanimous in giving a negative answer. Recently a level-headed business man and experienced angler grew almost indignant at being asked such an absurd question, and at least one scientific man of my acquaintance has expressed himself equally strongly.
My attention was first called to this subject about eleven years ago on reading De Kay's account [elsewhere in] this article. It was again forcibly called thereto on my perusing McAtee's excellent article [also quoted here], in which a considerable number of falls of fishes is recorded. And lastly, my work during the last two and a half years as associate editor with Dr. Bashford Dean of Volume III of the Bibliography of Fishes, now being brought out by the American Museum of Natural History, has, with the completion of the latter part of the synoptic index, brought to my hand all the known literature on the subject. This is herein set forth in the form of chronological excerpts, that the reader may have the evidence before him.
Our first and oldest account of a rain of fishes is found in The Deipnosophists or Banquet of the Learned of Athenæus of Naucratis in Egypt, who flourished at the end of the second and the beginning of the third centuries, A. D. This learned work, first published in 1524, is a compilation of extracts from more than eight hundred classical authors, most of whose works are no longer extant and would be forever lost but for the book of the Deipnosophists. It is written in the form of a dialogue, and in Volume II of Yonge's translation, in a chapter entitled "De Pluvia piscium," we read on p. 226:
"I know also that it has rained fishes. At all events Phœnias, in the second book of his Eresian Magistrates, says that in the Chersonesus it once rained fishes uninterruptedly for three days, and Phylarchus, in his fourth book, says the people had often seen it raining fish."
The next account is contained in a letter from Robert Conny published in the Philosophical Transactions of the Royal Society of London in 1698. Conny did not see the phenomenon nor specimens of the fishes, but had his account from a person who seems to have had his confidence. The account in question is as follows:
"On Wednesday before Easter, Anno 1666, a pasture field at Cranstead near Wrotham in Kent, about two acres, which is far from any part of the sea or branch of it, and a place where are no fish ponds, but a scarcity of water, was all overspread with little fishes, conceived to be rained down, there having been at that time a great tempest of thunder and rain; the fishes were about the length of a man's little finger, and judged by all that saw them to be whitings, many of them were taken up and shewed to several persons; the field belonged to one Ware a Yeoman, who was at that Easter-Sessions one of the Grand Inquest, and carried some of them to the Sessions at Maidstone in Kent, and he shewed them, among others, to Mr. Lake, a bencher of the Middle Temple, who had one of them and brought it to London, the truth of it was averred by many that saw the fishes lie scattered all over that field, and none in other the fields thereto adjoining: The quantity of them was estimated to be about a bushel, being all together."
In Volume V of Hasted's History of Kent, published in 1798, just one hundred years after the preceding, is found the following account of the same fall:
"About Easter, in the year 1666, a pasture field in this parish, which is a considerable distance from the sea or any branch of it, and a place where there are no fish ponds but a scarcity of water, was scattered over with small fish, in quantity about a bushel, supposed to have been rained down from a cloud, there having been at that time a great tempest of thunder, hail, wind, etc. These fish were about the size of a man's little finger; some were like small whitings, others like sprats, and some smaller like smelts. Several of these fish were shown publicly at Maidstone and Dartford."
Raphael Eglini, in the Wittenbergischen Wochenblatt for 1771, reports an alleged rain at Cotbus on the midnight of September 2-3, during a heavy thunderstorm. He did not see it, but a number of the fishes, 5-6 inches long, which were said to have fallen, were sent to him. Although the account was attested by various friends, Eglini was doubtful. He suggested that these fish, if identical with those found in the neighboring streams, might have been carried to Cotbus by a waterspout or an overflow. Here, in the third recorded account of a fall of fishes, it may be noted that the correct explanation of the cause of the phenomenon is alleged.


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Big Marge in Big D
In the most recent years, The Margaret Hunt Hill Bridge has become an icon of Dallas, Texas replacing the Reunion Tower that identified the Dallas skyline. Fondly called Big Marge, this bridge in Dallas spans the Trinity River and designed by Spanish neofuturistic architect, structural engineer, sculptor and painter Calatrava. The bridge is named for Margaret Hunt Hill, an heiress and philanthropist.
A reprocessed image originally shot over a year ago.
This Long Exposure of the traffic flowing in and out of downtown Dallas on Interstate Hwy 30, was shot on a vintage 1960s Minolta lens.
Dealey Plaza
Traffic light trails in Dallas, TX at the Dealey Plaza where President Kennedy was tragically assassinated.
Power of Pink
I shot this picture in October 2016 when I went downtown with my artist friend Renata Sharman and my family. "The Ball" aka Reunion Tower was lit in pink perhaps to mark Breast Cancer Awareness program called "The Power of Pink". Even if I am wrong about the details here, Reunion Tower looked great as usual as a Trinity Railway Express train breezed by.
If you are a female, please talk to your doctor if you need a mammogram. If you are a guy, please remind your mom, sister, spouse or significant other if they are 40 years old or more to get a mammogram.
Bigger Marge
'Big Marge' aka The Margaret Hunt Hill Bridge is the redefining symbol of the ever changing skyline of Big D.
A very unique architectural creation by Spanish architect Santiago Calatrava, Big Marge and her little Sister, the Margaret McDermott Bridge are fast becoming the Dallas, Texas landmarks much like the iconic Reunion Tower and the Pickle.
I shot this picture in late February 2016 when the Trinity River flooded providing this beautiful reflection of the landmark with Downtown Dallas in the background. A horizontal /landscape orientation picture taken by me has been my most successful stock photo.
I hope this one will beat it since this would be perfect on magazine covers, shower curtains, blankets, bedsheets, brochures, business reports, proposals and, wedding invitations if someone proposed here and that happens often I am told.
The Dry Swamp
Majlis Oman, the new parliament building, is the latest of landmark buildings in Muscat. The building comes as a testimony to the Sultan's vision of establishing a modern democratic state built on grounded Islamic routes where the people of the land are an integral part of the decision-making authorities in the country.
The symbolic significance of this project cannot be overstated. The Majlis is at the very heart of Oman's constitutional power and is the only legislative body in Oman where all members are democratically elected.
The building is located in the prestigious Al Bustan area of Oman close to the Ceremonial Palace and Ministerial buildings. The new Majlis overlooks the Gulf of Oman and is surrounded by a mountainous background and primary dual carriageways.
The building's design has a number of elements that are based upon elements from the numerous early forts located throughout Oman. This building both respects the origins and takes from it, and also adapts into a modern Omani style showing the forward looking intents of the government.
The Frommer's travel guide describes the Golden Gate Bridge as "possibly the most beautiful, certainly the most photographed, bridge in the world.". This timeless beauty turned 80 years old last May. She is what Lady Liberty is to people in New York, Eiffel Tower to Parisians and the Sydney Opera House down under.
On a recent trip to the bay area to visit family, I dragged myself out to this place by myself on a Saturday morning hoping for a decent sunrise. I am glad I did that because the sunrise the following morning was lukewarm at best.
I made this image as San Francisco started to awaken from slumber and the Sun was about to pop on the horizon. A city that perhaps never sleeps, its lights shone bright and cars made their way across on the 1 mile long bridge. A few moments later, the lights on the International Orange colored Golden Gate Bridge were gone as sunlight gradually took over.
Grand Mosque
The full name of this magnificent structure is the Sultan Qaboos Grand Mosque, which dominates the Muscat skyline. The mosque used to have the world's largest carpet and chandelier, but Emiratis and Qataris came to measure the interior and made bigger versions in new mosques to steal the title, according to a blog post.
Lonely Planet says, the Persian carpet alone measures 70m by 60m wide, making it the second-largest hand-loomed Iranian carpet in the world; it took 600 women four years to weave.
The mosque can accommodate 20,000 worshippers though at the time I visited, there were only a handful of people around. I missed seeing the beautiful interiors.
Dallas Stars
A lot of folks familiar with the 1987 Oscar winning American cyberpunk action film, RoboCop might know that the movie is set in a dystopian Detroit, Michigan, on the verge of total collapse due to financial ruin and a high crime rate.
Many folks however do not know that although RoboCop is set in Detroit, Michigan, many of the urban settings in the film were actually filmed in Dallas, Texas. The futuristic appearances of the Dallas buildings, such as Reunion Tower, are visible in the background during the car chase. The front of Dallas City Hall was used as the exterior for the fictional mega-corporation, OCP's Headquarters. The real Detroit only appears in stock footage during the film's opening.
The 1999 cult classic and comedy, 'Office Space' is set and shot in the Dallas area and you will hear references to Las Colinas and other places in Dallas.
Oliver Stone's Born on the Fourth of July was also shot in and around Dallas with college scenes set in Syracuse actually shot on the the campus of Southern Methodist University (SMU)
About this picture, I shot it three weeks ago when the Trinity River flooded and the pre-dawn flood waters reflected the skyline as a few stubborn stars in the sky vainly resisted the onslaught of the rising sun.
Wild Trinity
Last year in early May I was showing my nephew some sights around Dallas when I stumbled upon an impressive stand of Clasping Coneflowers on the Trinity riverbed with the the Dallas skyline in the background. I wanted to go back and look for more wildflowers this year and for two early weekend mornings I did just that with some friends.
I was truly amazed at the diversity of native wildflowers their beauty. I am not a botanist by any means but even I could identify several of them. Okay, I sort of lied. My first passion was Gardening with Native Plants and before the camera bug bit me, I knew more about plants than I know about photography now.
This time, I found large colonies of Clasping Coneflowers (Dracopis amplexicaulis), Mexican Hats or Prairie Coneflowers (Ratibida columnifera) in different colors, and blankets of Pink evening primrose or buttercups (Oenothera speciosa) other native wildflowers and grasses. The much anticipated colorful sunrise fell apart quickly and soon it started to rain. I had positioned myself to catch the first rays of sun to pierce the clouds and had a few good minutes to capture this image.
Thanks Mom!
Yeah I already posted one for the day but once is not enough to Thank your Mom. So here is it yet again at 5:30am this morning.
Thanks to Mothers everywhere for the sacrifices they make day in and day out. It is cliched but it is indeed a Thankless Job. A day on the calendar does not suffice for what moms do for their children.
I shot this picture this morning as the Dallas skyline reflected a thankful city and community. I met a friend for the first time. Mital Patel is a phenomenal photographer and I was honored to have his company. You can see him in the far right side hunting for compositions.
Please feel free to share this image with your friends especially those mothers in your life.
At first glance this spectacular United States Air Force Academy Cadet Chapel in Colorado Springs, CO does not betray any sense of repair needed. But there is a bid out right now and the rough order of magnitude for this effort is between $25,000,000 and $100,000,000, yes that is 100 million God's green bucks.
The most-visited man-made attraction in the Colorado will be shutting its doors in June 2018 for much-needed repairs. The chapel is expected to be closed for three or four years. The iconic structure has apparently leaked since it was built in 1963.
The chapel, a National Historic Landmark, is a striking, triangular-shaped structure that stands 150 feet tall. The project includes replacing the 53-year-old chapel's aluminum skin, the panels on the inside, removing and cleaning 24,000 stained-glass tiles, stiffening the steel superstructure and adding a water barrier, All of the glass will be replaced with high-efficiency glass, with the exception of the stained glass, which will remain the same.
There is a enormous amount of debate and controversy if tax payer money needs to be lavished on a place of worship. My own opinion is if repairs are needed, they need to be done but with responsibility and I hope the Government will not let the costs spiral out of control. After all, it cost a relatively paltry $3.5 million to build 54 years ago, a tiny fraction of the cost of repairs.
So whichever side of the debate you are, if you happen to be in Colorado Springs, do visit this place. You may not be able to see it for several years. That is exactly what I did with my family on my last visit. We drove straight to the USAF Academy and checked this place off the list for our kids. The nice thing about this attraction is, it costs nothing to visit but you do have no option but to go during normal business hours. I really would have liked to shoot a sunset or sunrise outside the superlative structure. But it is not possible unless you are in the Air Force Academy or perhaps know someone that can take you there (hint: If any of you have that sort of influence, please let me know and I will make a trip out there)
The Dallas neo-icon, Margaret Hunt Hill Bridge aka Big Marge in all her flooded glory.


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|At last, Brennan have
a wrapping that no-one
else is complaining about
this piece entitled "10 words and phrases you should never use in IP contracts".-- though Merpel suspects that readers of this blog might have one or two more which they'd like to add to Mark's list. Meanwhile, long-suffering Kingsley Egbuonu's cyber-trek across official African websites takes him to the unpromising e-terrain of Guinea-Bissau. The jiplp poll, to see whether readers of the Journal of Intellectual Property Law & Practice (JIPLP) still prefer the abbreviation of "Court of Justice of the European Union" to be 'ECJ' rather than 'CJEU', is currently too close to call; on a less trivial note, there's also a great case analysis of the ECJ/CJEU ruling in Interflora from Darren Meale, which you can read here. Ben Challis, on the 1709 Blog, points to an initiative by German concert promoters to collect licensing fees. Still on copyright, Howard Knopf's Excess Copyright blog lists a total of 12 interveners' 'factums' in copyright fair dealing actions which are currently pending before the Canadian Supreme Court.
|Artwork from
|Virgin Airlines is committed
to comfortable seating on all
its Jumbos ...
All the way from India comes a piece of news about the patent litigation that has taken place over Virgin Airlines' comfy seats (most recently covered by Matt the Kat earlier this year here. Via Sandeep K. Rathod (thanks, Sandeep!) the Kats have discovered the opposition proceedings which Virgin's patent has attracted in the vibrant economic environment of India. For the record, the patent's claims have been upheld, with oppositions based on lack of novelty and inventive step being rejected in this 128-page decision of the Patent Office, Chennai, following six days of hearings. Apart from Virgin's perennial foe Contour, there was also a local opponent, Jet Airways (India) Ltd of Mumbai.
|At last, Brennan have
a wrapping that no-one
else is complaining about


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This morning I went to Mass at the school, because they were honoring the parents who volunteered during the school year. Usually I avoid this event (it's a social-anxiety thing) but Little Brother was persistent in telling me he really wanted me to be there.
He's 11. How much longer is he going to be happy to see his mom volunteering at school? I returned the form saying I'd attend the Mass and social afterward.
When I got there, dripping from the rain because TheDad had mistakenly taken both our umbrellas to work with him, a smiling student met me at the church door and told me that all the volunteers were supposed to sit up front. So I did, because Little Brother wanted me to be there.
Fortunately there was no naming of names, just a group "all volunteers please stand up so we can thank you" at the end of Mass. I could deal with that.
Afterwards, we went into the cafegymatorium for a nice little reception. There were two decorated tables with these cute gifts that the first and second grades had put together–with handwritten thank-you notes from the kids. There were smiling seventh-graders pouring our coffee and juice and inviting us to take fruit and pastries.
I sat next to a mom whose oldest son is in Little Brother's class, and across the table from a mom whom I don't know, but who had a beautiful one-year-old daughter with her. The little girl had made an impression on me during Mass; she was very quiet most of the time, but when the altar server rang the bell, she exclaimed, "Yay! Bells!" Both times.
That reminded me of Little Brother at the same age. Big Brother was an altar server then, and I was up front with the choir. TheDad would sit in the back with Little Brother, and when the servers rang the bells, Little Brother would yell, "Big Brother's ringing the bells!" You could hear him throughout the whole church.
I was telling the other moms at my table about this, and the mom with a boy in Little Brother's class said that her sons used to ask her why the servers rang the bells. Her answer was that they ring the bells to show that this is an important moment. Of course, the next week, when the bells would ring, one of her boys would (loudly) say, "It's an important moment, right, Mom?"
I was dreading that reception, and even thought about ducking out on it, but I'm glad I went. I'm glad I sat with moms who bring their children to Mass. I'm glad my child attends this school where the kids are taken to church and can learn about Jesus and why it's an important moment when the bells ring. I'm glad that the parents can share, through funny stories about what their own kids did in church, how we help our children understand those important moments.


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Publication Archive
This archive contains all documents published by cep over the last few years:
cepAdhoc: Incisive comment on current EU policy issues
cepPolicyBrief: Concise reviews of EU proposals (Regulations, Directives, Green Papers, White Papers, Communications) – including an executive summary
cepInput: Impulse to current challenges of EU policies
cepStudy: Comprehensive examination of EU policy proposals affecting the economy
By contrast with train drivers, there is currently no EU-wide standard certification of safety-critical qualifications for train crew entrusted with safety-critical tasks. The Commission views this as a obstacle to employee mobility and therefore wants to introduce EU-wide standard training for train crew.
The Directive aims to ensure a minimum level of network and information security. The Commission wants to impose technical requirements and reporting obligations on certain market operators and public authorities. The Member States are to adopt strategies for network and information security.
The European Commission's proposal for a 7th Environment Action Programme (EAP) allows an overall view of current and future environment policy initiatives to 2020. It contains a broad palette of proposals relating to objectives and measures but leaves open the actual form that measures are to take. As well as the deficiencies in implementation of existing EU environment legislation, the Commission also brings up the increased use of market-based instruments.
In 2011, the Commission proposed a Directive for an FTT for the whole of the EU but the required unanimous agreement of the Council could not be achieved. The Commission is now proposing to introduce the FTT by way of enhanced cooperation between eleven Member States. The FTT is intended to generate more tax revenue and increase stability in the financial markets.
Railway undertakings need a safety certification to be allowed to use railway infrastructure. Railway vehicles need to obtain an authorisation. The present processes for obtaining safety certifications and authorisation for railway vehicles are long and costly. The Commission intends to reduce the duration and cost of the certification and authorisation processes by less and more coherent national rules, by introducing an EU-wide uniform certification and by giving more powers to the European Railway Agency (ERA).
The Commission wants to stimulate cross-border e-commerce and, for this purpose, is considering regulating the parcel delivery market.
Public service contracts for passenger transport must, in principle, be awarded on the basis of competitive tendering. Passenger transport by rail is currently excluded from this, so that Contracts can be awarded directly to a specific rail operator. This exemption is to be lifted in order to increase competitive pressure and improve the quality of services on the rail transport market.
The Commission formulates proposals for "modernising" national welfare systems. It calls, in particular, for an increase in "social investment".
The European Commission wants to reduce the amount of plastic waste and the resulting burden on the environment. It is considering promoting the recycling of plastic waste in preference to energy recovery and use of landfill. In addition, it is considering a general ban on using landfill for plastic waste. By way of requirements placed on product design, manufacturers are to be obliged to increase the reparability and re-usability of plastic products.


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CUMINGS, ARCHIBALD, Newfoundland merchant and customs official; b. c. 1667; d. some time after 1726.
Archibald Cumings was evidently of Scottish origin, but no details about his early life have been found. He began trading at St John's, Newfoundland, in 1698 and acquired property there and at Ferryland; his losses in the French winter attack of 1704–5 were heavy. In March 1706 he was appointed government agent for prizes in Newfoundland, probably in association with the Campbell brothers. In October 1708, as part of the policy of building up a small body of royal officials in Newfoundland, Cumings was given the additional post of customs officer by the commissioners of the customs. This office was created in an attempt to curb illegal trade in Newfoundland; however, as the vice-admiralty court, created at the same time, failed to materialize [see Smith], Cumings was powerless to do anything more effective than report. In connection with his new appointment Cumings left for England on 25 Oct. 1708, and so was not present when the French captured and destroyed St John's the following winter.
During the next few seasons, Cumings spent much of his time in England. He made several reports on Newfoundland to the Board of Trade; like John Moody, who later became deputy-governor of Placentia, he recommended the fortification of Ferryland (Forillon) instead of St John's. In 1710 he claimed to have remitted, as tenths and perquisites of the Admiralty, £2,000 from Newfoundland for prizes; for this he eventually received £100 plus expenses. With Francis Nicholson, Moody, and the Campbell brothers, he was consulted in 1712 about the possible treaty settlement with the French, and he expressed the view that they should not be given any fishing rights in Newfoundland or be allowed to fortify Cape Breton. Cumings' report from St John's in October 1712 was the first to stress the bad fishing which was to plague the fishermen in eastern Newfoundland for some years; his news in October 1713 was little better. In February 1715 he had a four-page pamphlet, Considerations on the trade to Newfoundland printed and laid before the Board of Trade. Cumings believed that Newfoundland should have a governor and a proper legal system, so that the colonists there "may be governed a[s] Brittains and not live like a banditie or forsaken people." Cumings also proposed that there be some system of entry and clearance for shipping in Newfoundland to help curb the illegal trade.
By 1715 Cumings felt that he had served long enough in Newfoundland; and in 1716 he was appointed customs officer at Boston and prize officer for New England. He served there actively for a decade, and submitted several useful reports on the fishing off, New England and in the Bay of Fundy (Baie Française). A false report of his death was circulating in 1723, but he is last heard of at Boston on 23 Aug. 1726.
Archibald Cumings showed considerable tenacity in his Newfoundland duties. As customs officer the most he could do was report on the fishery and on trade with the colony, but he did this fully and well. As prize officer he was able to act by getting condemnations when the commodore of the convoy was present. Once the war was over, prizes and the emoluments from their disposal disappeared, and this almost certainly helped him decide to move to New England. On the Newfoundland situation, Cumings was shrewd and forthright; he always spoke up for the colonists and was a strong protagonist of the institution of a civil government and judicature. His opinion was respected by the Board of Trade, though he did not succeed in eradicating its prejudices against the Newfoundland settlements.
Archibald Cumings, Considerations on the trade to Newfoundland (London, [1715]). PRO, B.T. Journal, 1704–1708/9, 1708/9–1714/15, 1722/23–1728; CSP, Col., 1704–5, 1706–8, 1708–9, 1710–11, 1711–12, 1712–14, 1714–15, 1716–17, 1717–18, 1719–20, 1721–22, 1722–23, 1724–25, 1726–27; C.T.Books, 1710; C.T. Papers, 1702–7. M. A. Field, "The development of government in Newfoundland, 1638–1713," unpublished m.a. thesis, University of London, 1924. Lounsbury, British fishery at Nfld. Rogers, Newfoundland.
© 1969–2023 University of Toronto/Université Laval
Cite This Article
D. B. Quinn, "CUMINGS, ARCHIBALD," in Dictionary of Canadian Biography, vol. 2, University of Toronto/Université Laval, 2003–, accessed October 4, 2023, http://www.biographi.ca/en/bio/cumings_archibald_2E.html.
The citation above shows the format for footnotes and endnotes according to the Chicago manual of style (16th edition). Information to be used in other citation formats:
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|October 4, 2023


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Stock indexes are closing slightly higher after a half-day of trading on Wall Street ahead of the July 4th holiday.
Encouraging news about the U.S. job market offset worries about a market sell-off in Portugal and an intensifying political crisis in Egypt.
U.S. markets closed at 1 p.m. Wednesday ahead of the Independence Day holiday Thursday. They will reopen Friday.
The Dow Jones industrial average rose 56 points, or 0.4%, to close at 14,988.
The Standard & Poor's 500 rose a point, or 0.08%, to 1,615. Technology stocks rose 0.6 percent, the most in the index.
The Nasdaq rose 10 points, or 0.3%, to 3,443.
Trading volume was light at 1.9 billion shares. Three stocks fell for every two that rose on the New York Stock Exchange.


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Windows To The Past
There's a style of photography where you photograph an old photo held in front of the camera, in the same location the original photo was taken. It allows you to see the surroundings of the present day, while looking into a window of the past. This gallery contains my attempts and it will hopefully grow as I find more photos to use for this project.Read More


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Apple store employee seeks to plant union seed
An Apple Inc store employee has started a drive to unionize retail workers in a rare move at a company known for its near-fanatical following and cutting-edge mystique.
Cory Moll, a part-time employee at an Apple store in San Francisco, is working to form a union to fight for better wages and benefits and to address what he says are unfair practices in the company's glass-and-steel retail showrooms.
The core issues definitely involve compensation, pay, benefits, Moll said, adding that he decided to go public with the union to encourage other employees to come forward.
While unions are strong in industries like trucking and autos, they are largely unheard of in Silicon Valley companies, which pride themselves on being quick-footed and having the flexibility to hire and fire.
Moll's budding campaign is also unusual given Apple's reputation for fierce employee loyalty.
Apple has more than 30,000 retail employees in its 325 stores around the world.
Moll, who has been working at Apple for four years, said he makes $14 an hour at the San Francisco Apple store. The minimum wage for 2011 in San Francisco, one of the most expensive cities in the United States, is $9.92 an hour.
The 30-year-old employee primarily communicates with other Apple store employees through Twitter, Facebook and the Apple Retail Workers Union website, which he created in May, without disclosing his name.
Moll has received little public support from employees so far, though he said he has emails expressing support.
There's a lot of hesitation to want to speak about it, he said. I don't think there's 50 percent (support) in any one store but as people talk about it, we could get close in a couple of stores.
A majority of workers at a certain facility need to be interested before an union can be formed.
An Apple representative confirmed Moll is an employee, but declined to comment on the union effort.
It's kind of a feeling of David versus Goliath, Moll said of trying to start a union movement in a $320 billion company run by its iconic co-founder, Steve Jobs.
The would-be Apple union's website is sparse, but states: At Apple, our most important resource, our soul, is our people. Our Time Has Come.
Union members as a percentage of U.S. wage and salary workers declined from 20.1 percent in 1983 to 11.9 percent last year, according to the U.S. Bureau of Labor Statistics.
Moll said the movement is only in its infancy.
There's definitely no call to action yet, he said. Right now what I hope to gain is to get people to start talking about it and get comfortable with it.
(Reporting by Poornima Gupta and Alexei Oreskovic, editing by Matthew Lewis and Marguerita Choy.)
© Copyright Thomson Reuters 2023. All rights reserved.
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Highly Skilled People Are Key to Cyber Defense, Leaders Say
By Jim Garamone
American Forces Press Service
WASHINGTON, July 26, 2012 – Having the right people in the right places with the right training is the best defense against any attack, and this is as true in the cyber world as it is on battlefields Afghanistan, military commanders charged with improving capabilities in the cyber world told Congress yesterday.
Navy Vice Adm. Michael S. Rogers, commander of the 10th Fleet; Lt. Gen. Rhett A. Hernandez, commander of 2nd Army; Lt. Gen. Richard P. Mills, commander of Marine Corps Development Command; and Maj. Gen. Suzanne M. Vautrinot, commander of 24th Air Force testified before the House Armed Services Committee's emerging threats subcommittee and described what the services are doing to attract and retain the best people.
And this is a problem, they said, because government and the private sector are worried about defending data and networks from attacks.
Cyber war is complicated, the commanders said, because defending systems demands world-class engineers and technicians and the military must compete with other public agencies and the private sector in attracting these world-class specialists.
"The Navy's workforce is perhaps our greatest strength in this emerging discipline," said Rogers, who has commanded the 10th Fleet – the Navy's Cyber Command – for about a year. "Our sailors and civilians are at the forefront of advances in cyberspace operations."
The changing nature of the cyber world complicates the effort to recruit and retain cyber specialists, Rogers said. The Navy has established a summer intern program at the Naval Academy and with ROTC to expose midshipmen to the cyber defense world, and has established the cyber engineer career field to allow direct accessions for a few recent college graduates with deep cyber expertise, he told the panel.
"While the Navy cannot compete with the compensation offered by industry, we provide individuals with unique opportunities that they cannot receive out in industry, and the highly motivated Navy cyber workforce is opting to stay Navy at record levels," the admiral said.
His sailors, Rogers said, are warriors. They know they are working to protect not only data, but also the country, and they know that, and it motivates them, he told the representatives.
Soldiers also recognize that they are warriors fighting in a different kind of war, Hernandez said. The Army is working to exercise all cyber warriors in the skills they need to defend networks and data.
"We will integrate cyberspace operations into 13 joint and Army exercises this fiscal year, and will double that number next year," the general said. The service also is using cyber specialists to play opposing forces in exercises at the National Training Center and at combatant command exercises.
The Air Force continues to stress the need for Americans with science and mathematics backgrounds, Vautrinot said, and works with high schools and colleges to encourage and mentor students involved in science and mathematics.
Overall, attacks in the cyber world are a serious threat, the military leadersagreed, so education, training and development of cyber defense professionals needs to continue unabated.
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TRENTON, N.J. — New Jersey Gov. Chris Christie will propose extending the public school calendar and lengthening the school day in a speech he hopes will help him rebound from an apparent political payback scheme that threatens to damage his second term and could cut short any ambitions to run for president.
According to excerpts of his State of the State address obtained by The Associated Press, Christie, an early front-runner for the 2016 Republican presidential nomination, will make the case Tuesday that children who spend more time in school graduate better prepared academically. Details of the plan will be left for another day.
Christie, who won re-election by 22 points in a Democrat-leaning state, hopes to regain his footing after being shaken by revelations that key aides orchestrated massive traffic backups by closing lanes near the George Washington Bridge, one of the world's busiest spans. Four Christie loyalists have been fired or resigned for the apparent political vendetta against a Democratic mayor who wouldn't endorse Christie.
The governor apologized, and during a lengthy news conference last week said he was "blindsided" by his staff's involvement.
Two state legislative panels announced plans Monday to continue their investigations into the incident one Democratic leader now is calling an "abuse of power" probe. The U.S. Attorney's office also is reviewing the apparent political vendetta, possibly to target a Democratic mayor who refused to endorse Christie for re-election. The mayor, Mark Sokolich of Fort Lee, told the AP Monday he was asked by a Christie operative to endorse the governor but never responded with a definitive answer after saying he would consider the request.
Christie has denied any knowledge in the planning or execution of the plot, and there is no evidence linking him to it. Recently released emails, many from private accounts, show some in Christie's circle were told about the traffic jams days or weeks after they happened.
Christie's proposal to lengthen school could antagonize an old adversary, the powerful public teachers union, which he has clashed with over pension and tenure changes. An overhaul of public employee retirement benefits by Christie and the Legislature in 2011 was bitterly opposed by the union, which spent millions in anti-Christie ads during his gubernatorial campaigns.
The education plan is the latest from a governor who has sought to retool schooling in grades kindergarten through 12 with mixed success so far.
Christie successfully overhauled century-old teacher tenure rules, essentially eliminating lifetime job protections. But the Democrat-led Legislature has not gone along with his voucher plan, which would allow children in failing schools to attend classes elsewhere, including at private or parochial schools.
Christie also is expected to revive the theme of bipartisanship, which has taken a hit in the scandal. While Christie has sought to package himself as someone willing to reach across the aisle to get things done, in contrast to politicians in Washington, the traffic plot exposed the petty partisan politics being practiced by some of his aides.
Christie is set to be inaugurated for a second term on Jan. 21. The celebration will be on Ellis Island, historically a gateway for immigrants arriving in the United States.
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We do loud, we do fun, we do AWESOME. Retroviseurs Achilles noir et orange paire pour Harley-Davidson Street 500 750'14-'17. Colors may vary depending on monitor profiles and printer settings. We have clear mini 360° videos which shows more details and helps to visualize your modification before actually having it on hands. Please must check the measurement before making final decision.
Printable 1:1 actual size. Pictures might look perfect; one thing that is not showing in the photo is the actual size of the mirror.1:1 printable motorcycle mirror paper usage. Mirror Housing: Forged CNC milled aluminum Mirror Stem: Forged CNC milled aluminum. Black plate & stem with anodized orange triangular shape aluminum. High adjustable (two adjusting joints). A pair (Left hand / Right hand), 8MM to 5/16-24 adapter x 2 PCS. Harley Davidson XG Street 500 2015- Harley Davidson XG Street 750 2015. KiWAV, kiwavMirror, kiwavmotor, motorcycle, Achilles AchillesHarleyST, harleyST naked, orange, 5/16inch. Is a manufacturing process involving the shaping of metal using localized compressive forces. Forged aluminum parts are stronger. Than a part machined by a solid block of the same material. The reason for this is that a forged part has been strain hardened through repeated impact force. Forging allows for preferential grain direction to occur as well as a refined grain boundary which leads to precipitation hardening. Every ride has its own personality, its own visual identity. With this in mind, Magazi has gone the extra mile to bring cosmetic individuality to its product proposition. An extremely dynamic designer , producer and supplier of mirrors for all type of motorcycles , Magazi's dedicated team of professionals has managed to strengthen and consolidate a brand that for many , is synonymous with flexibility and competitiveness. Magazi's efforts to bring is quality brand to a market that is highly competitive has depended hugely on its ability to produce a range of cost-effective mirrors that has superior design attributes. We are not responsible for custom applications and any fitments that do not correctly match listed descriptions. 19 à 16:50:45 Paris, le vendeur a ajouté les informations suivantes. L'item "Rétroviseur moto Achilles noir et orange paire pour Harley Street 500 2014-2017" est en vente depuis le mercredi 6 novembre 2019. Il est dans la catégorie "Auto, moto - pièces, accessoires\Moto\ pièces détachées\Miroirs". Le vendeur est "naomiw1999" et est localisé à/en Taipei.
Cet article peut être expédié aux pays suivants: Amérique, Europe, Asie, Australie.


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Frequently Asked Question
Got a question? Chances are we have the answer.
Yes, you can. But you wouldn't want to do that. Once a purchase offer is accepted, it stands as a legal contract. So a buyer can seek legal remedies to enforce in case you back out of a contract.
Not necessarily. Lots of terms and conditions come with a property purchase offers. And not just the money. You can go with a lower priced offer if you find a better terms and conditions. Also, in any case, you can go with a counteroffer to one or more buyers.
Beware, however, that if you turn down a full-priced offer, you may owe your agent a full commission even if you decide not to sell your home.
You must take into account the prevailing state of the real estate market and especially local market conditions. The real estate market continually changes, and market fluctuations affect property values. So it is critical to determine your listing price based on the most recent comparable sales in your neighborhood. It would be a good idea to get a CMA, also known as Comparable Market Analysis.
Along with economic factors such as supply and demand, the time of year you choose to sell can impact both the length of time it takes to sell your home and its ultimate selling price.
Typically, the real estate market picks up around February, continues strong through late May and June, and tapers off during July and August. The summer is usually the busiest time for moving since school is out and buyers may be looking to get their children in school before the new school year. September through November generally marks a rally not as strong as late winter and spring, followed by a slowdown from Thanksgiving through and beyond the Christmas and New Year holiday period.


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SKATELINE on Ride Channel
Fucking thank god for homies passing links off. A couple of weeks ago I got passed a link for SKATELINE on YouTube's RideChannel, AKA. Hawks channel. Some of you know that a few years ago I created a website called SkateboardRumors.com. I created that website because, holy shit was skateboarding boring at that time. All the news that came out in the magazines was super old and no one was really talking shit on shit that needed to be ripped apart. It pretty much created a firestorm of hate in the skate industry and the message board was on fire for a bit taking away a fair share of SLAP Forum fans because I didn't moderate it. Fuck it, I didn't have any advertisers, so I didn't need to. There are rumors of Danny Way trying to kick my ass for some stupid shit and wait outside of my house for me, but it was all rumors! Fitting, right?! Friends in the industry always ask me to bring it back, because once again this shit is boring, who knows, maybe I will. But, god damn this is definitely the next best thing, no wait, it's better. Thank you Metro Skateshop creating this weekly segment with Gary Rogers as host. If you haven't seen this show yet, you're welcome for your weekly entertainment. Keep it up, Gary and Metro. Enjoy and be sure to watch past episodes, although the news is old, it's still funny as hell!


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After chasing about for more information on the visual effects of HBO's Game of Thrones—see our in-depth article—we now have some new information we can share via IMDB. There, a 2D supervisor from Look Effects is listed. Looking up their website, which is replete with demo reels and clips of their work from various films and television programs, one can see they have extensive experience. Among the projects they've worked on? Lost and Pushing Daisies on television, The Spirit and Speed Racer (major compositing projects which used green screen heavily) for film.
After contacting the supervisor (Brad Kalinoski), I've sent an update to IMDB to correct his listing: his role is a VFX, not SFX, position. He also clarified that his position is 2D supervisor at Look Effects, "Im the manager of the dept, I oversee all the artists, the comp/digital supervisors and answer and assist with the VFX supervisors internally and clients."
What else out of the IMDB grab bag? We spotted the choreographer Javier de Frutos in the list. We can only assume he provided choreography for the dancers during the wedding of Daenerys Targaryen to Khal Drogo. And then there's Simon Brindle, who's listed as supervisor of the costume armour department. At least at some point he worked with Artisan Armours in the U.K., and his credits include A Knight's Tale, Oliver Stone's Alexander, and the upcoming Clash of the Titans remake. A sampling of his work from Alexander can be found here and here.
There's also a music supervisor, Mary Ramos, whose credits include a number of Quentin Tarantino projects. From what sources have told us, the pilot does not have an original score or score composer as of yet, but presumably Ramos will be involved in that process, as well as working out how to work in the music from Corvus Corax into the Winterfell feasting scenes shot at Doune Castle.


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2020 Gmc Yukon Denali Interior
Explore 2020 Gmc Yukon Denali Interior, performance and technology features. We reviews the 2020 Gmc Yukon Denali Interior Price where consumers can find detailed information on specs, fuel economy, transmission and safety.
Explore the design, performance and technology features of the 2020 Gmc Yukon Denali Interior. See models and pricing, as well as photos and videos. The 2020 Gmc Yukon Denali Interior Specs goes to excess the right kinds of excess to preserve its best-of status. Find out if the new 2020 Gmc Yukon Denali Interior coupe takes a step forward in our first-drive review. See photos and get the story at Car and Driver.
2020 Gmc Yukon Denali Interior Photo
Reviews, videos, latest news, specs and road tests on the 2020 Gmc Yukon Denali Interior. Top Gear reviews the Redesign. Terrific refinement, class-leading technology, and incredible interior quality. Want to know more? Read more.
We have now one of the air vents twisting it should close and open it which is a nicelittle touch coming along the sprint has a pleasant aggressive bezel above the gauges very clean looking – tremendous minimalistic you have got some black leather and a few gray stitching along the dash as wellthen coming to the touch display screen navigation system hitting the house button. We have many various settings your apple carplay and android auto after all your audio controls Wi-Fi after which you can scroll over to your climate and see totally different settings like which you can see the place all the air is directed what's on and off extra controls below that and then all of your climate controls are located right here actually cool truly this you spin left and rightand that really adjustments the temperature you even have an LCD display screen to correspond to that after which over on the correct facet this is how you modify your fan velocity you get a bit display screen as effectively and your analysis a see all of the totally different buttons your defogger you're the Alcantara on the shift knob as properly asthe shifter boot very simple to interact you to gear quick shifter extremely sighs good weighted shift knob to give 2020 Gmc Yukon Denali Interior.