text:
Onwine Copyright Infringement Liabiwity Limitation Act
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|Long titwe
|To amend titwe 17, United States Code, to impwement de Worwd Intewwectuaw Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for oder purposes, as part of de Digitaw Miwwennium Copyright Act.
|Acronyms (cowwoqwiaw)
|DMCA 512; Safe Harbor
|Enacted by
|de 105f United States Congress
|October 28, 1998
|Pubwic waw
|Pub. L. 105-304
|Statutes at Large
|112 Stat. 2860 (1998)
|Acts amended
|Copyright Act of 1976
|Titwes amended
|17 (Copyrights)
|U.S.C. sections created
|Legiswative history
|Major amendments
The Onwine Copyright Infringement Liabiwity Limitation Act (OCILLA) is United States federaw waw dat creates a conditionaw safe harbor for onwine service providers (OSP) (a group which incwudes internet service providers (ISP)) and oder Internet intermediaries by shiewding dem for deir own acts of direct copyright infringement (when dey make unaudorized copies) as weww as shiewding dem from potentiaw secondary wiabiwity for de infringing acts of oders. OCILLA was passed as a part of de 1998 Digitaw Miwwennium Copyright Act (DMCA) and is sometimes referred to as de "Safe Harbor" provision or as "DMCA 512" because it added Section 512 to Titwe 17 of de United States Code. By exempting Internet intermediaries from copyright infringement wiabiwity provided dey fowwow certain ruwes, OCILLA attempts to strike a bawance between de competing interests of copyright owners and digitaw users.
- 1 Overview
- 2 Safe harbor provision for onwine storage - § 512(c)
- 2.1 Direct financiaw benefit
- 2.2 Knowwedge of infringing materiaw
- 2.3 Take down and put back provisions
- 2.4 Interpretation
- 3 Oder safe harbor provisions
- 4 Oder provisions
- 4.1 § 512(e) Limitation on Liabiwity of Nonprofit Educationaw Institutions
- 4.2 § 512(f) Misrepresentations
- 4.3 § 512(h) Identify infringers.
- 4.4 § 512(i) Conditions for Ewigibiwity
- 4.5 § 512(j) Injunctions
- 4.6 § 512(k) Definitions
- 4.7 § 512(w) Oder Defenses Avaiwabwe
- 4.8 § 512(m) Protection of Privacy
- 4.9 § 512(n) Independent Construction of Safe Harbors
- 5 Criticism
- 6 Rewated waws
- 7 See awso
- 8 References
- 9 Externaw winks
The 1998 DMCA was de U.S. impwementation of de 1996 WIPO Copyright Treaty (WCT) directive to "maintain a bawance between de rights of audors and de warger pubwic interest, particuwarwy education, research and access to information"[1] when updating copyright norms for de digitaw age. In de context of Internet intermediaries, OCILLA attempts to strike dis bawance by immunizing OSP's for copyright wiabiwity stemming from deir own acts of direct copyright infringement (as primary infringers of copyright), as weww as from de acts of deir users (as secondary infringers of copyright), provided dat OSP's compwy wif two generaw reqwirements protecting de rights of audors.
First, de OSP must "adopt and reasonabwy impwement a powicy"[2] of addressing and terminating accounts of users who are found to be "repeat infringers."[2] Second, de OSP must accommodate and not interfere wif "standard technicaw measures."[3] "Standard technicaw measures" are defined as measures dat copyright owners use to identify or protect copyrighted works, dat have been devewoped pursuant to a broad consensus of copyright owners and service providers in an open, fair and vowuntary muwti-industry process, are avaiwabwe to anyone on reasonabwe nondiscriminatory terms, and do not impose substantiaw costs or burdens on service providers. OSPs may qwawify for one or more of de Section 512 safe harbors under § 512(a)-(d), for immunity from copyright wiabiwity stemming from: transmitting,[4] caching,[5] storing,[6] or winking [7] to infringing materiaw. An OSP who compwies wif de reqwirements for a given safe harbor is not wiabwe for money damages, but may stiww be ordered by a court to perform specific actions such as disabwing access to infringing materiaw.
In addition to de two generaw reqwirements wisted above, aww four safe harbors impose additionaw reqwirements for immunity. The safe harbor for storage of infringing materiaw under § 512(c) is de most commonwy encountered because it immunizes OSPs such as YouTube dat might inadvertentwy host infringing materiaw upwoaded by users.
Taken as a whowe, OCILLA's passage represented a victory for tewecom and Internet rewated industry groups over powerfuw copyright interests who had wanted service providers to be hewd strictwy wiabwe for de acts of deir users. However, copyright owners awso obtained concessions. In addition to de generaw and specific preconditions on de created immunity, OCILLA reqwires OSP's seeking an immunity to designate an agent to whom notices of copyright infringement can be sent,[8] and to discwose information about dose users who are awwegedwy infringers.[9]
Safe harbor provision for onwine storage - § 512(c)[edit]
Section 512(c) appwies to OSPs dat store infringing materiaw. In addition to de two generaw reqwirements dat OSPs compwy wif standard technicaw measures and remove repeat infringers, § 512(c) awso reqwires dat de OSP: 1) not receive a financiaw benefit directwy attributabwe to de infringing activity, 2) not be aware of de presence of infringing materiaw or know any facts or circumstances dat wouwd make infringing materiaw apparent, and 3) upon receiving notice from copyright owners or deir agents, act expeditiouswy to remove de purported infringing materiaw.
Direct financiaw benefit[edit]
An OSP must "not receive a financiaw benefit directwy attributabwe to de infringing activity" to qwawify for § 512(c) protection, uh-hah-hah-hah. However, it is not awways easy to determine what qwawifies as a direct financiaw benefit under de statute.
One exampwe of an OSP dat did receive a direct financiaw benefit from infringing activity was Napster. In A&M Records, Inc. v. Napster, Inc.,[10] de court hewd dat copyrighted materiaw on Napster's system created a "draw" for customers which resuwted in a direct financiaw benefit because Napster's future revenue was directwy dependent on increases in user-base. Conversewy, in Ewwison v. Robertson,[11] de court hewd dat AOL did not receive a direct financiaw benefit when a user stored infringing materiaw on its server because de copyrighted work did not "draw" new customers. AOL neider "attracted [nor] retained…[nor] wost…subscriptions" as a resuwt of de infringing materiaw.
Knowwedge of infringing materiaw[edit]
To qwawify for de § 512(c) safe harbor, de OSP must not have actuaw knowwedge dat it is hosting infringing materiaw or be aware of facts or circumstances from which infringing activity is apparent. It is cwear from de statute and wegiswative history dat an OSP has no duty to monitor its service or affirmativewy seek infringing materiaw on its system.[12] However, de statute describes two ways in which an OSP can be put on notice of infringing materiaw on its system: 1) notice from de copyright owner, known as notice and take down, and 2) de existence of "red fwags."
This is advantageous for OSPs because OCILLA's cwear process awwows dem to avoid making decisions about wheder or not materiaw is actuawwy infringing. Such decisions can be compwex bof because it is difficuwt to determine wheder de copyright has expired on a materiaw widout access to compwete information such as pubwication date, and because even copyrighted materiaw can be used in some cases under de doctrine of fair use, de appwicabiwity of which is difficuwt to evawuate.
Instead of making a compwex wegaw determination, OCILLA awwows OSPs to avoid wiabiwity provided dey compwy wif de terms of de statute, regardwess of de vawidity of any cwaim of infringement.
Notice from copyright owner[edit]
The first way an OSP can be put on notice is drough de copyright howder's written notification of cwaimed infringement to de OSP's designated agent. This must[13] incwude de fowwowing:
- (i) A physicaw or ewectronic signature of a person audorized to act on behawf of de owner of an excwusive right dat is awwegedwy infringed.
- (ii) Identification of de copyrighted work cwaimed to have been infringed, or, if muwtipwe copyrighted works at a singwe onwine site are covered by a singwe notification, a representative wist of such works at dat site.
- (iii) Identification of de materiaw dat is cwaimed to be infringing or to be de subject of infringing activity and dat is to be removed or access to which is to be disabwed, and information reasonabwy sufficient to permit de service provider to wocate de materiaw.
- (iv) Information reasonabwy sufficient to permit de service provider to contact de compwaining party, such as an address, tewephone number, and, if avaiwabwe, an ewectronic maiw address at which de compwaining party may be contacted.
- (v) A statement dat de compwaining party has a good faif bewief dat use of de materiaw in de manner compwained of is not audorized by de copyright owner, its agent, or de waw.
- (vi) A statement dat de information in de notification is accurate, and under penawty of perjury, dat de compwaining party is audorized to act on behawf of de owner of an excwusive right dat is awwegedwy infringed.
See 512(a) and (h) bewow if de information is not stored on de system of de OSP but is instead on a system connected to de Internet drough it, wike a home or business computer connected to de Internet. Legaw wiabiwity may resuwt if access to materiaw is disabwed or identity discwosed in dis case.
If a notice which substantiawwy compwies wif dese reqwirements is received de OSP must expeditiouswy remove or disabwe access to de awwegedwy infringing materiaw.[14] So wong as de notice substantiawwy compwies wif cwauses (ii), (iii), and (iv) de OSP must seek cwarification of any uncwear aspects.[15]
In Perfect 10, Inc. v. CCBiww LLC, de Ninf Circuit hewd dat de properwy constructed notice must exist in one communication, uh-hah-hah-hah.[16] A copyright owner cannot "cobbwe togeder adeqwate notice from separatewy defective notices" because dat wouwd unduwy burden de OSP.
After de notice has been compwied wif de OSP must take reasonabwe steps to promptwy notify de awweged infringer of de action, uh-hah-hah-hah.[17] Note dat de OSP is not prohibited from doing so in advance, onwy reqwired to do so afterward. If dere is a counter notification from de awweged infringer, de OSP must respond appropriatewy to it.
If de OSP compwies wif dis and de counter notification procedures, it is safe from wegaw wiabiwity to its own customer as a resuwt of taking down de materiaw.
There is a common practice of providing a wink to wegaw notices at de bottom of de main web page of a site. It may be prudent, dough it is not reqwired by de provisions of section 512 of de copyright waw, to incwude de designated agent information on de page de wegaw wink goes to, in addition to any oder pwaces where it is avaiwabwe. As wong as de site gives reasonabwe notice dat dere is a medod of compwiance, dat shouwd be sufficient. Once again de courts have not ruwed on de technicawities of posting of dese notices.
Red fwags[edit]
The second way dat an OSP can be put on notice dat its system contains infringing materiaw, for purposes of section 512(d), is referred to de "red fwag" test.[12] The "red fwag" test stems from de wanguage in de statute dat reqwires dat an OSP not be "aware of facts or circumstances from which infringing activity is apparent."[18]
The "red fwag" test contains bof a subjective and an objective ewement. Subjectivewy, de OSP must have knowwedge dat de materiaw resides on its system. Objectivewy, de "infringing activity wouwd have been apparent to a reasonabwe person operating under de same or simiwar circumstances."[12]
Take down and put back provisions[edit]
Takedown exampwe[edit]
Here's an exampwe of how de takedown procedures wouwd work:
- Awice puts a video wif a copy of Bob's song on her YouTube.
- Bob, searching de Internet, finds Awice's copy.
- Charwie, Bob's wawyer, sends a wetter to YouTube's designated agent (registered wif de Copyright Office) incwuding:
- contact information
- de name of de song dat was copied
- de URL of de copied song
- a statement dat he has a good faif bewief dat use of de materiaw in de manner compwained of is not audorized by de copyright owner, its agent, or de waw.
- a statement dat de information in de notification is accurate
- a statement dat, under penawty of perjury, Charwie is audorized to act for de copyright howder
- his signature
- YouTube takes de video down, uh-hah-hah-hah.
- YouTube tewws Awice dat dey have taken de video down and dat her channew has a copyright strike.
- Awice now has de option of sending a counter-notice to YouTube, if she feews de video was taken down unfairwy. The notice incwudes
- contact information
- identification of de removed video
- a statement under penawty of perjury dat Awice has a good faif bewief de materiaw was mistakenwy taken down
- a statement consenting to de jurisdiction of Awice's wocaw US Federaw District Court, or, if outside de US, to a US Federaw District Court in any jurisdiction in which YouTube is found.
- her signature
- If Awice does fiwe a vawid counter-notice, YouTube notifies Bob, den waits 10-14 business days for a wawsuit to be fiwed by Bob.
- If Bob does not fiwe a wawsuit, den YouTube may put de materiaw back up.
Meaning of "expeditious"[edit]
The waw provides for "expeditious" action, uh-hah-hah-hah. The meaning of "expeditious" in de context of dis waw has not yet been determined by de courts. Bwack's Law Dictionary defines "expeditious" as "performed wif, or acting wif, expedition; qwick; speedy." In de common waw, de term "expeditious" has been interpreted according to de circumstances, awwowing more time dan "immediate" but not undue deway. Some suggest dat de most prudent courses are to compwy "immediatewy" or to seek immediate wegaw advice from qwawified wegaw counsew. In de commerciaw onwine worwd, taking more dan 24 hours may weww be viewed as undue deway. However, when wegaw advice is factored into de eqwation it is reasonabwe to give counsew time to review aww de facts, verify de necessary ewements of de notice and conduct minimaw research to ascertain de current state of de waw. This may reasonabwy occur when de materiaw posted appears wikewy to be covered by a fair use, for fair use is not copyright infringement. So, in some situations it may be reasonabwe to determine dat "expeditious" wouwd take more dan 24 hours, and if de ISP was a smaww not-for-profit provider, or a server run by vowunteers, it may not have de resources to obtain a wegaw opinion wif de same speed dat a warge muwtinationaw corporation may have resources at its disposaw to compwy immediatewy. There may not even be a person immediatewy avaiwabwe who is qwawified to determine if de notice compwies wif de standards set forf in de act. Perhaps a reasonabwe court wouwd take dese factors into consideration, uh-hah-hah-hah. The courts in de United States have yet to ruwe on dese issues.
For a commerciawwy run on-wine provider taking action widin de hour to teww a customer dat a takedown notice has been received and informing dem dat dey must immediatewy remove de content and confirm removaw, giving dem six to twewve hours to compwy; and oderwise informing dem dat de content wiww be taken down or deir Internet connection terminated, may be considered reasonabwe. Some courts may find dis to be too great a burden on an ISP if it receives a warge number of communications at de same time or has wimited resources to review § 512 notices for substantiaw compwiance. It may awso depend on how de notice is sent. If de notice is sent via reguwar maiw or via fax, dere may be a wag between de sending of de notice and its reception by dose who are abwe to act upon it. If de notification is received by a maiw dewivery on a Saturday when de ISPs offices are cwosed and not acted upon untiw Monday, dat may be considered reasonabwe.
Preemption of state waw[edit]
Even if a copyright howder does not intend to cause anyding oder dan de removaw of awwegedwy infringing materiaw, compwiance wif de DMCA's procedures nonedewess may resuwt in disruption of a contractuaw rewationship: by sending a wetter, de copyright howder can effectuate de disruption of ISP service to cwients. If adherence to de DMCA's provisions simuwtaneouswy subjects de copyright howder to state tort waw wiabiwity, state and federaw waw may confwict. Depending on de facts of de case, federaw waw may preempt state waw i.e. dere wiww be no wiabiwity for state waw cwaims resuwting from compwiance wif federaw waw.[19]
Effect of deway in response[edit]
The oder issue to keep in mind is dat de deway in responding may not amount to a significant amount of damages and someone who has had deir materiaw removed by de § 512 procedure wate may be more dan satisfied wif de resuwt; it is much wess expensive dan fiwing a copyright infringement suit in federaw court dat might revowve around a minor technicawity of de waw. Indeed, one of de purposes of dis section was to remove a warge number of potentiaw infringement suits from de courts when de facts revowving around infringement were basicawwy undisputed and de damages couwd be minimized widin a short period widout de intervention of a US federaw district court judge. A copyright howder may be more dan happy to know dat de materiaw has been taken down for de minor fee of having a wawyer draft a compwiant "take down" notice rader dan de costs of drafting, fiwing, serving and prosecuting a federaw copyright infringement action, uh-hah-hah-hah.
Oder defenses for OSPs[edit]
It is awso usefuw to remember dat anoder waw, de federaw Communications Decency Act (CDA) stiww protects de ISP from wiabiwity for content provided by dird parties (see bewow). Even if a removaw is found not to be "expeditious" widin de meaning of de waw and de so-cawwed "safe harbor" under de DMCA is wost, in many cases de OSP may stiww be protected. Through dese two waws dere are ways to bawance de ISP's intent to assist wif de protection of dird party copyright and de desire to preserve good customer rewations. There is awso a qwestion of de infringement dat is pwaced by a dird party being an issue of negwigence or anoder tort on de part of de OSP. If de OSP takes steps considered reasonabwe or is found not to have a duty of care to powice potentiaw infringers on de site den de infringement may be considered "innocent" from de point of view of de ISP and de infringer may stiww be hewd to be de wiabwe party which posts de infringing work or works.
Common misunderstandings[edit]
It is sometimes stated dat de ISP needs to give de awweged infringer ten days' notice before acting. This is incorrect. The ISP must act expeditiouswy. The ten-day period refers to de counter notification procedure described in Section 512(g) after de infringing materiaw has been removed, offering dem an opportunity to counter de awwegations presented to de ISP not during de stage of de so-cawwed "take down" procedure.
It is sometimes suggested dat content must be taken down before notifying de person who provided it. That is awso not reqwired, so wong as de removaw is expeditious. A warge connectivity provider wif many ISP customers wouwd not be acting reasonabwy by disconnecting a whowe ISP if it received a takedown notice for a web site hosted by dat ISP on behawf of one of its customers. The waw appears to awwow de necessary fwexibiwity to deaw reasonabwy wif rewaying takedown reqwests to handwe such situations.
Oder safe harbor provisions[edit]
§ 512(a) Transitory Network Communications Safe Harbor[edit]
Section 512(a) protects service providers who are passive conduits from wiabiwity for copyright infringement, even if infringing traffic passes drough deir networks. In oder words, provided de infringing materiaw is being transmitted at de reqwest of a dird party to a designated recipient, is handwed by an automated process widout human intervention, is not modified in any way, and is onwy temporariwy stored on de system, de service provider is not wiabwe for de transmission, uh-hah-hah-hah.
The key difference in scope between dis section, transitory network communications under 512(a), and caches, websites and search engine indexes under 512(b), 512(c) and 512(d) respectivewy, rewates to de wocation of de infringing materiaw. The oder subsections create a conditionaw safe harbor for infringing materiaw dat resides on a system controwwed by de OSP. For materiaw dat was temporariwy stored in de course of network communications, dis subsection's safe harbor additionawwy appwies even for networks not under de OSP's controw.
§ 512(b) System Caching Safe Harbor[edit]
Section 512(b) protects OSPs who engage in caching (i.e. creating copies of materiaw for faster access) if de caching is conducted in standard ways, and does not interfere wif reasonabwe copy protection systems. This Section appwies to de proxy and caching servers used by ISPs and many oder providers.
If de cached materiaw is made avaiwabwe to end users de system provider must fowwow de Section 512(c) takedown and put back provisions. Note dat dis provision onwy appwies to cached materiaw originated by a dird party, not by de provider itsewf. Awso, de content of de materiaw must not be modified as a resuwt of de caching process.
§ 512(d) Information Location Toows Safe Harbor[edit]
Section 512(d) ewiminates copyright wiabiwity for an OSP who winks users, drough a toow such as a web search engine, to an onwine wocation dat contains infringing materiaw, provided dat de OSP does not know de materiaw is infringing.
There are severaw oder conditions for dis immunity to appwy. Once de OSP becomes aware dat de materiaw is infringing, it must promptwy disabwe access to it. Awso, de OSP must fowwow Section 512(c)'s takedown and put-back provisions. Finawwy, where de OSP can controw de infringing activity, de OSP must not derive any financiaw benefit drough providing de wink.
Oder provisions[edit]
§ 512(e) Limitation on Liabiwity of Nonprofit Educationaw Institutions[edit]
Section 512(e) protects nonprofit educationaw institutions from wiabiwity for de actions of facuwty and graduate student empwoyees who pwace infringing materiaw onwine. For de immunity to appwy de materiaws must not be course materiaws for a course taught by de facuwty or graduate student empwoyee, and de institution must not have received more dan two infringement notifications about de same individuaw, during de preceding 3 years. Awso, de institution must distribute informationaw materiaws about US copyright waws to aww de users of its network.
Universities across de country have been forced to adapt to de Digitaw Miwwennium Copyright Act reguwations. The Recording Industry Association of America (RIAA) and de Motion Picture Association of America (MPAA), who are de major representers of de music and movie industries, are de main organizations who have been enforcing de copyright waws de strongest. This started in 2003 as dey began to track down de heaviest peer-to-peer users and seek wawsuit against dem.[20] Most Universities today have set in ruwes to fowwow de strict guidewines of de DMCA.[21] Offenders are issued subpoenas and discipwinary actions are taken to identify and disabwe de issue. Fortunatewy for de cowweges, de wiabiwity of Internet service providers is wimited under section 512 of de Copyright Act.
§ 512(f) Misrepresentations[edit]
Section 512(f) deters fawse cwaims of infringement by imposing wiabiwity on anyone who makes such cwaims, for de damages suffered by oder parties as a resuwt of de OSP's rewiance on de fawse cwaim, and for associated wegaw fees.
This provision reawwy does have some bite, as iwwustrated by de cases of Onwine Powicy Group v. Diebowd, Inc.,[19] where an ewectronic voting technowogy firm was sanctioned for knowingwy issuing meritwess notices of infringement to ISPs, and more recentwy Lenz v. Universaw, 801 F.3d 1126 (2015).
§ 512(h) Identify infringers.[edit]
Section 512(h) contains provisions dat awwow a copyright owner to force an OSP to reveaw identifying information about de user who awwegedwy infringed de owner's copyright, drough de use of a subpoena issued by a federaw court at de owner's reqwest.
Part (h)(2)(A) reqwires dat de owner's reqwest incwude "a copy of a notification described in subsection (c)(3)(A)" (a takedown notice, see above). Note dat 512(c)(3)(A)(iii) states dat de notice must identify de awwegedwy infringing materiaw dat is to be removed, and must provide reasonabwy sufficient information for de service provider to wocate de materiaw residing on its system. The owner must awso swear dat any information obtained drough de subpoena wiww onwy be used for de purpose of protecting its rights under Section 512.
If de OSP is served wif such a subpoena after or at de same time as a vawid takedown notice, under Part (h)(2)(A) it must expeditiouswy provide de information reqwired by de subpoena.
In 2003, de Recording Industry Association of America appeared to be seeking subpoenas and serving takedown notices which did not compwy wif dese reqwirements, notabwy using de subpoena provisions for 512(a) situations, which do not provide for dem.
On 20 December 2003, de DSL ISP Verizon prevaiwed on appeaw in its case seeking to prevent de use of dis section for transitory network communications, de decision reversing a court order to suppwy customer detaiws.[22] The appeaw decision accepted de argument dat de key distinction was de wocation of de fiwes, wif dis section appwying onwy when de materiaw is stored on eqwipment controwwed by de OSP. However, in response, RIAA member wabews turned to a different medod to acqwire deir desired information, uh-hah-hah-hah. They began suing muwtipwe "Doe" defendants at a time and issuing dird-party discovery subpoenas to ISPs for de customer detaiws.
On 6 October 2003 Charter Communications became de first cabwe Internet provider to chawwenge de RIAA use of dis provision,[23] when it fiwed for a motion to qwash de subpoenas to obtain de identities of 150 of its customers. Awdough Charter Communications initiawwy wost dis motion and was forced to turn over de identities of de reqwested customers, a water appeaw ruwed dat de motion to qwash shouwd have been uphewd.[24]
§ 512(i) Conditions for Ewigibiwity[edit]
Section 512(i) outwines de generaw reqwirements for a grant of immunity. Onwine service providers must reasonabwy impwement a powicy "dat provides for de termination in appropriate circumstances" of "repeat infringers", must inform deir users of dis powicy, and must accommodate standard copy protection systems.
This passage has historicawwy been open to interpretation, as it does not specify any minimum standards dat a repeat infringer powicy must adhere to, and onwy specifies dat users must be informed of its existence. In 2018, de Ninf Circuit Court of Appeaws ruwed dat a repeat infringer powicy did not necessariwy need to be documented and pubwicized (as wong as users are informed of its presence), and dat a website owner's efforts to moderate and manuawwy ban repeat infringers on a case-by-case basis was sufficientwy reasonabwe.[25][26]
§ 512(j) Injunctions[edit]
Section 512(j) describes de forms of injunctive (i.e. court order) rewief avaiwabwe to copyright howders. Even dough OSPs have immunity from monetary damages under Section 512, dey may be compewwed by copyright howders, in appropriate situations, to stop providing access to infringing materiaw or to terminate de account of a particuwar infringer.
§ 512(k) Definitions[edit]
Section 512(k) defines "service provider" and "monetary rewief."
§ 512(w) Oder Defenses Avaiwabwe[edit]
Section 512(w) notes dat a service provider's inewigibiwity for a safe harbor from monetary damages under dis section does not affect de vawidity of any oder wegaw defenses dat may be appwicabwe (notabwy de CDA, awdough it isn't specificawwy identified).
§ 512(m) Protection of Privacy[edit]
Section 512(m) notes dat OSPs retain de protections of parts (a) drough (d) even if dey don't monitor deir service wooking for infringing activity, as wong as dey compwy Section 512(i)'s generaw reqwirements rewating to de institution of account termination powicies for infringers and accommodation of copy protection systems. Furdermore, OSP's are not reqwired to remove or disabwe access to materiaw if doing so wouwd break anoder waw.
§ 512(n) Independent Construction of Safe Harbors[edit]
Section 512(n) states dat de wimitations on wiabiwity in parts (a), (b), (c) and (d) appwy independentwy. Hence, de fact dat an OSP qwawifies for a wimitation on wiabiwity under one subsection has no impact on wheder de OSP qwawifies for a wimitation under a different subsection, uh-hah-hah-hah. This is because subsections (a), (b), (c), and (d) describe separate and distinct functions.
The past decade of experience wif de safe harbor provisions has shown dem to be reasonabwy effective.[27][28] Copyright howders have de incentive to monitor Internet sites for offending materiaw, and to send ISPs notifications where appropriate, of materiaw dat shouwd be taken down, uh-hah-hah-hah. ISPs have incentive to cooperate wif copyright howders and terminate de accounts of repeat infringers on pain of forfeiting de safe harbor created by OCILLA. At de same time, copyright howders are deterred from improperwy sending out notices by provisions dat make dem wiabwe for resuwting damages, and awso by bad pubwicity.
That is not to say dat OCILLA functions perfectwy in practice. There are severaw probwems resuwting from imperfect incentives created by de waw, from de compwexity and reqwirements of de counter-notice procedures, and from evowving Web Technowogy.
Improper removaw of content[edit]
There is some evidence dat ISPs tend to qwickwy take down awwegedwy infringing content on reqwest by copyright howders, in situations where de content is actuawwy non-infringing and shouwd be preserved.[29][30] This may be because ISPs have much more to wose by forfeiting deir safe harbor dan by angering a user whose content is improperwy removed.
Chiwwing Effects estimates dat OSPs remove awwegedwy offending content even dough approximatewy 60% of aww takedown notices are fwawed. Notices can be fwawed in severaw ways. Many faiw to fowwow de reqwirements of de statute. Oders ask for materiaw to be taken down for reasons such as trademark infringement and defamation dat are unrewated to copyright infringement.[31]
Ineffective counter-notice procedure[edit]
There is evidence of probwems wif de counter-notice procedure, arising from its compwexity and awso because ISPs are not reqwired to inform users of its existence. According to Chiwwing Effects, whiwe Googwe has taken hundreds of sites out of its index because of DMCA reqwests, not a singwe person has fiwed a counter-notice or received a counter-notice from any oder OSP.
This may resuwt from de inherent imbawance in prereqwisites for de originaw compwaint and de counter-notice. To get content removed, copyright howder Bob need onwy cwaim a good-faif bewief dat neider he nor de waw has audorized de use. Bob is not subject to penawties for perjury. In contrast, to get access to content re-enabwed, Awice must cwaim a good faif bewief under penawty of perjury dat de materiaw was mistakenwy taken down, uh-hah-hah-hah. This awwows for copyright howders to send out take-down notices widout incurring much wiabiwity; to get de sites back up, de recipients might need to expend considerabwy more resources. Section 512(f) makes de sender of an invawid cwaim wiabwe for de damages resuwting from de content's improper removaw, incwuding wegaw fees, but dat remedy is not awways practicaw.
Furdermore, ISP's tend to remove awwegedwy offending materiaw immediatewy, whiwe dere is a 10- to 14-day deway before de ISP re-enabwes access in response to a counter-notice. For exampwe, if a website advertised an upcoming wabor protest outside BwameCo, BwameCo couwd send a DMCA notice to de site's ISP awweging copyright infringement of deir name or wogo a week before de protest. The site wouwd den be disabwed; even if de site's owners immediatewy fiwed a counter-notice, access wouwd not be re-enabwed untiw after de protest, too wate to be usefuw.
ISP's may awso disregard counter-notices. Section 512(g) of de DMCA shiewds an ISP from wiabiwity to its customer for a DMCA takedown, if de ISP restores removed content fowwowing a counter-notice. In practice, however, an ISP may disregard de counter-notice, and instead rewy on its own terms of service to shiewd itsewf from wiabiwity to its customer. For exampwe, since Apriw 2013, YouTube refuses to restore some counter-noticed content, citing an agreement YouTube made wif dird-party music content owners.[32][33]
Additionawwy, dere is no pubwic record of takedown reqwests and counter-notices. This prevents de pubwic from seeing how de process is used. (Chiwwing Effects has tried to make up for dis shortcoming, but, so far, few OSPs besides Googwe submit deir takedown notices.)
Web 2.0 and new technowogies[edit]
There have been recent cwaims[34] dat de DMCA-embedded concepts of direct financiaw benefit, interference wif standard technicaw measures, and de wegiswative red fwag test for identifying infringing materiaw are significantwy chawwenged by de expwosion of user-generated content unweashed by Web 2.0 technowogies.
Web 2.0 has enhanced de ease of access to copyrighted works by introducing new and awternative ewectronic pwatforms in which information can be shared pubwicwy.[35] Recognizing de chawwenge dat Web 2.0 presents, many OSPs have impwemented programs dat automaticawwy scan every upwoad for potentiaw infringing activity. These proactive systems can detect anyding from background mewodies to visuaw dispways. Through YouTube's system cawwed Content ID, copyright owners are given de power to eider track, bwock or monetize user-upwoaded content. Oftentimes, copyright owners ewect to profit from videos containing deir copyrighted content. As of 2017, Content ID has been abwe to generate over two biwwion USD for its copyright partners.[36]
Rewated waws[edit]
The European Union's Ewectronic Commerce directive, Articwe 14, contains wimited wiabiwity provisions for onwine hosts which provide de wegaw basis for notice and takedown in de EU. France's Digitaw Economy Law ("Loi rewative à w'économie numériqwe") is an exampwe of an impwementation of dis directive, as is Finwand's "Laki tietoyhteiskunnan pawvewujen tarjoamisesta."
In Korea, de anawogous waw is Section 102 (Limitation of OSP Liabiwities) and Section 103 (Takedown) of Copyright Law of Korea.
In Taiwan, Repubwic of China, de anawogous waw is Chapter VI-1 of de Copyright Act.[37]
See awso[edit]
- Rewated US waws
- The "No Ewectronic Theft" (NET) Act
- Copyright Term Extension Act (1998)
- In re Aimster Copyright Litigation
- Amaretto Ranch Breedabwes, LLC v. Ozimaws, Inc.
- Oder
- ^ 1996 WIPO Copyright Treaty Text
- ^ a b 17 U.S.C. § 512(i)(1)(A)
- ^ 17 U.S.C. § 512(i)(1)(B)
- ^ 17 U.S.C. § 512(a)
- ^ 17 U.S.C. § 512(b)
- ^ 17 U.S.C. § 512(c)
- ^ 17 U.S.C. § 512(d)
- ^ 17 U.S.C. § 512(h)(5)
- ^ A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9f Cir. 2001). Archived 2008-04-09 at de Wayback Machine
- ^ Ewwison v. Robertson, 357 F.3d 1072 (9f Cir. 2004). Archived 2009-11-28 at de Wayback Machine
- ^ a b c H.R. Rep. No. 105-551, at 53 (1998).
- ^ 17 U.S.C. § (512(c)(3)(A)(i-vi))
- ^ 17 U.S.C. § 512(c)(1)(C)
- ^ 17 U.S.C. § 512(c)(3)(B)(ii)
- ^ Perfect 10, Inc. v. CCBiww, LLC, 488 F.3d 1102, 1113 (9f Cir. 2007).
- ^ 17 U.S.C. § 512(g)(2)(A)
- ^ 17 U.S.C. § 512(c)(1)(A)(ii)
- ^ a b Onwine Powicy Group v. Diebowd, 337 F. Supp. 2d 1195 (N.D. Caw. 2004).
- ^ "Copyright, Peer-to-Peer Fiwe Sharing and DMCA Subpoenas". Nacua Notes. 6 November 2003.
- ^ "University Administrative Interests in Copyright". Copyright Crash Course. 2007.
- ^ Case documents EFF Archive of RIAA v. Verizon documents, Verizon's Previous Legaw Briefs and Court Ruwings.
- ^ Stefanie Owsen, Charter fiwes suit against RIAA CNET News (Oct. 6, 2003).
- ^ In re: Charter Commc'ns, Inc. Subpoena Enforcement Matter (8f Cir. 2005).
- ^ "Repeat Infringer Powicy Doesn't Have to Be Spewwed Out, Appeaws Court Ruwes". TorrentFreak. 2018-03-24. Retrieved 2018-04-09.
- ^ Zimmerman, Mitcheww. "Your DMCA Safe Harbor Questions Answered" (PDF). Fenwick. Fenwick & West LLP. Retrieved 5 August 2017.
- ^ Pamewa Samuewson et aw., A Reverse Notice and Takedown Regime to Enabwe Fair Uses of Technicawwy Protected Copyrighted Works, 22 Berkewey Tech. L.J. 981, 993 (2007).
- ^ 10 Years Later, Misunderstood DMCA is de Law That Saved de Web, Wired (Oct. 2008).
- ^ Juwian Sanchez, Googwe's DMCA takedowns weaving Bwogger users high and dry, Ars Technica (Mar. 8, 2009).
- ^ Nate Anderson, Scientowogy fights critics wif 4,000 DMCA takedown notices, Ars Technica (Sep. 8, 2008).
- ^ Ahrens, Green, McSherry and Stowtz; [1], Center for Internet & Society Stanford Law Schoow and Ewectronic Frontier Foundation (November 13, 2013).
- ^ McKay, Patrick (Apriw 4, 2013). "YouTube Refuses to Honor DMCA Counter-Notices". Fair Use Tube.org. Retrieved Juwy 23, 2013.
- ^ "Videos removed or bwocked due to YouTube's contractuaw obwigations". YouTube Hewp. Apriw 2, 2013. Retrieved Juwy 23, 2013.
- ^ Brandon Brown, Fortifying de Safe Harbors: Reevawuating de DMCA in a Web 2.0 Worwd, 23 Berkewey Tech. L.J. 437, 438 (2008).
- ^ Diaz, Veronica; Miwtrano, Tracy; Christoph, Kady. "Copyright, Fair Use, and Teaching and Learning Innovation in a Web 2.0 Worwd" (PDF). Educause. EDUCAUSE Center for Appwied Research. Retrieved 5 August 2017.
- ^ Garner, George. "PIRACY 2.0 -A MUSIC WEEK REPORT-". ProQuest. Intent Media. Retrieved 5 August 2017.
- ^ Ministry of Justice (Repubwic of China): Chapter VI-1 Limitations on Liabiwity for Internet Service Providers of de Copyright Act
Externaw winks[edit]
|Wikisource has originaw text rewated to dis articwe:
- 17 U.S.C. § 512, Text of OCILLA
- U.S. Copyright Office Summary of de DMCA
- Chiwwing Effect's FAQs, about DMCA Safe Harbor Provisions
- U.S. Copyright Office List, of Designated Agents for Infringement Notification
Using OCILLA[edit]
- DMCA Guide, wif sampwe copyright infringement notices and counter-notices
- Using DMCA to Protect Your Content, Lunar Legaw (June 2008)
- How to Fiwe a DMCA Copyright Infringement Notice, Marketingdock.com
- Responding to Notices of Awweged Infringement, University of Texas
Case waw[edit]
- Diehw v. Crook, Ewectronic Frontier Foundation's successfuw 2006 suit against an iwwegaw takedown notice
- Sony Corp. of Am. v. Universaw City Studios Inc., 464 U.S. 417 (1984).
- Rewigious Tech. Ctr. v. Netcom On-Line Commc'n Servs., Inc., 907 F. Supp. 1361 (N.D. Caw. 1995).
- Costar Group, Inc. v. Loopnet, Inc., 373 F.3d 544 (4f Cir. 2004).
- Onwine Powicy Group et aw. v. Diebowd, Inc., 337 F.Supp.2d 1195 (N.D. Caw. 2004).
- A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9f Cir. 2001).
- Perfect 10, Inc. v. CCBiww, LLC, 488 F.3d 1102 (9f Cir. 2007).


text:
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MeFi: "I'm of the fallen leaves" [07:02]
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homelab: The hotel lab [05:02]

subset: commoncrawl


text:
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The Department of Recreation and Wellness has recreational
fields, courts and facilities rentals available for reservation by UNF student
groups, University departments and the general public. Reservations must be
made at least 14 days in advance. Priority is given to UNF student groups.
Registered Student Organizations (RSO) may request field/facility reservations within
the current semester. Fields/facilities are not
available for reservation within the first two weeks of the semester. Requests for the current semester may be
submitted online once the semester begins. Fields/facilities will be available for booking
starting the third week of the semester.
UNF groups may qualify for free or discounted use based on
the group and nature of event. Rates
shown are for general public reservations.
The $5.1 million, 26,000 sq. ft. facility is home to the
Intramural Sports program, where all indoor sports take place, as well as the
hub for student informal-recreation play, including basketball, volleyball,
indoor soccer, badminton, pickleball, and much more! Reservation and rental agreement required for outside groups.
Additional info:
The Student Wellness Complex has one indoor studio available to registered student organizations (RSO) by reservation.
There are six outdoor tennis courts available for use by UNF students, faculty and staff. Reservation and rental agreement required for outside groups.
Additional information:
The Recreation South Field is
located next to the Crossings dorms. This field is lighted for evening use and is open for Club Sport teams
during the fall and spring semesters by reservation. The South Field is closed in the summer for maintenance.
Additional information:
The North Field is located off of
parking lot 18, near the Ogier Gardens. The field is lighted during scheduled evening use and is the primary
field for Intramural sports. Available by reservation to UNF students and Club Sports. Reservation and rental agreement required for outside groups.
The Practice Field & Recreation
Track is located north of the Student Wellness Complex. It is available to UNF students during open recreation and Club Sports by reservation request. It is the primary field for Club Sport matches for lacrosse and rugby. Reservation and rental agreement required for outside groups.
Additional Info:
The Auxiliary Field is located
adjacent to the Practice Field and Recreation Track and north of UNF Women's
Softball Field. The field is lighted during scheduled evening use and is the
primary field for ELP soccer. Reservation and rental agreement required for outside groups.
Recreation and Wellness Fields and
All fields are lighted
*Add $50/hour for use of lights ($75/hour for North Field)
*Field reservations may require a damage deposit pending type of
*Production costs such as staffing labor or contracted services is billable in addition to the rental rates shown.
Sq Ft
½ Day
(4 hours – minimum rate)
Hourly Incremental Rate
North Field
5 acres
South Field
2 acres
Practice Field and Track
2.6 acres
SG Auxiliary Field
1.7 acres
Tennis Courts
(Not lighted)
6 courts available
(Minimum 2 hrs)
Daily Rate
(5+ hours)
Field House Courts
3 courts available, maximum 2-court rental, 3
courts takes you to full facility
Indoor Court
7,488, court 1
5,928, court 2
7,384, court 3
$260, 1 court
$525, 2 courts
Field House
Full facility
20,800, full gym floor
26,000 facility
Full Day
(8 hours Max)
Large Group Fitness Room
Group Fitness Rooms
Mind Body Room
RecWell manages special events in the UNF Arena, home of the UNF Division 1 Athletic Program. External events are scheduled when Athletic programming will not be impacted.
Entire Facility
Once you hear thunder and or see lightning, you must seek shelter until 30 minutes from the last sound of thunder and or vision of lightning. When you first see
lightning or hear thunder, that is the time to take action. Go to a
building or a vehicle. Lightning often precedes rain, so don't wait for the
rain to begin before suspending activities. Groups are expected to adhere to
this policy independently in addition to following the directions of any RecWell
staff member that enforces this policy. Failure to follow this policy or
directives from RecWell staff will be documented and may impact eligibility for
future reservation requests. Each weather situation is unique and it may
be necessary to cancel the event instead of delaying the event.
The Department of
Recreation and Wellness reserves the right to determine safety of the playing
field based on weather. Groups are expected to adhere to the Thunder and
Lightning Policy. Groups are also to understand that periods of heavy
rain may soak the playing field enough to make it hazardous both for the
participants and for the care of the field. RecWell administration
reserves the right to cancel field use based on assessing weather impact to participant
safety or field care.
Facility Use Agreement & Fees
Events and facility reservations require a Facility Use Agreement (FUA). To complete a FUA, the following are typically required: certificate of insurance, proof of tax exemption (if applicable), detailed schedule of event scope and needs, returned signed agreement. Rental rates apply except to current RSO, UNF Student Government, Osprey Life and Production events. These groups may be invoiced for direct-costs only. Please note: UNF student programming is priority over external (public) events.
Insurance & Tax Exemption
A certificate of insurance is required to complete a contract for an event or facility reservation. Sales tax will be applied to all reservations unless a current certificate of exemption is provided.
A valid parking permit is required for all UNF events and facility reservations. Parking fees are determined based on the scope and schedule of the event and will be part of the agreement and final invoice.
Registered Student Organizations (RSO)
An RSO may request RecWell field and room reservations within the current semester. RSOs are recognized as active during the Fall & Spring semesters. Please note: RecWell fields and rooms are not available for reservation within the first two weeks of the semester; requests for the current semester may be submitted online once the semester begins and the third week of the semester is when bookings will start; RSO must be in good standing to be eligible to book space; Club Sports teams are required to attend the Club Sport meeting and complete paperwork through the RecWell Business Office located in the Student Wellness Complex, building 62, suite 1200.
UNF Recreation and Wellness contracts with a concessions vendor who has the first right of refusal for all concession sales.
UNF Recreation and Wellness reserves the right to cancel field use based on assessing weather impact to participant safety or field care.
Online Requests
All requests for event or reservation of space should be submitted online for routing. A RecWell staff member will follow-up with you following your online submission.
Submit a Reservation Request


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text:
If you're interested in the paleo plan but don't think you want to be so strict, you don't have to be all-or-nothing with your approach. Consider adopting some eating patterns from paleo and skipping the ones that don't work for you. For example, try just eating more fruits and vegetables and cutting down on added sugars. If you feel unsure about grains or dairy, talk to your doctor or a registered dietitian to determine what's best for your body.
In 2011, ESPN began to broadcast the CrossFit Games, with live coverage streamed through ESPN3, and some television coverage on ESPN2. As the event grew, ESPN expanded its television coverage; in 2014, the network entered into a multi-year deal to continue broadcasting the CrossFit Games, and coverage expanded to nine-and-a-half hours on ESPN and ESPN2 by 2015.[36] In 2017, the event began a new broadcast arrangement with CBS Sports, with television coverage on CBS Sports Network, and a total of 40 hours of digital streaming coverage. CrossFit also streamed coverage through Facebook and their website.[37]
With a very simple shift we not only remove the foods that are at odds with our health (grains, legumes, and dairy) but we also increase our intake of vitamins, minerals, and antioxidants. Here is a great paper from Professor Loren Cordain exploring how to build a modern Paleo diet: The nutritional characteristics of a contemporary diet based upon Paleolithic food groups. This paper also offers significant insight as to the amounts and ratios of protein, carbohydrate and fat in the ancestral diet.
It was within this context that Glassman began ramping up his affiliation program. This was growth without a safety net: Anyone who passed his two-day seminar could apply to open a box, call it CrossFit, and then rush paying customers through squats and snatches or whatever crazy WOD they dreamed up. To Glassman, himself a passionate libertarian, this was the right thing to do: He wants his affiliates to be free to open up a box in a garage or a warehouse or wherever else, and train how they want, and charge what they want. They should have the opportunity he had. He detests supposed experts who say their certification or education makes them better than him or his people. At the end of the day, he believes, the free market will provide all the necessary quality control.
In Defense of Food: An Eater's Manifesto by Michael Pollan gives a guided tour of 20th century food science, a history of "nutritionism" in America and a look at the marriage of government and the food industry. Then the book presents a commonsense shopping-and-eating guide, which like the paleo diet focuses on shopping the perimeter of the supermarket. He also now has a much shorter Food Rules: An Eater's Manual.
But in the Times article--headlined "Getting Fit, Even If It Kills You"--Glassman used the kind of tough-guy talk he used to shout at CrossFitters during their WODs. "It can kill you...I've always been completely honest about that," he said. "If you find the notion of falling off the rings and breaking your neck so foreign to you, then we don't want you in our ranks." Punctuating his blunt attitude, he had led his October journal article with a cartoon of a new clown, Uncle Rhabdo, who stands exhausted before a dialysis machine, his kidneys splattered in a pool of blood. The Times mentioned that, too.
"The struggle is a normal, necessary part of the process. Changing your food is hard. Changing your habits is even harder. Changing your relationship with food is the hardest part of all. The process requires struggle—it's how you know you're growing—but don't make it harder than it has to be! There is no such thing as the 'perfect Whole30,' so if your beef isn't grass-fed or your travel meal doesn't look exactly like our meal template, don't sweat it. Your only job is to stick to the Whole30 rules for 30 days, and some days, you'll have to let good enough be good enough. When you do struggle, remember why you took on the program in the first place, and don't be overwhelmed by the big picture—just focus on the next day, or the next meal. Don't be afraid to ask for help when you need it, and high-five yourself for the victories you're achieving every day you're on the program, no matter how small. Even tiny progress is progress."
Nutrition & Physical Degeneration by Dr. Weston Price's book puts to rest a lot of myths about diet, dental, physical, and emotional health, and presents the strongest case for a super-nutritious Native (or Paleo) Diet. His book outlines the conditions/causes for exceptional health. A classic that was first published in 1938. The Soil and Health Library has a Book Review by Steve Solomon. If you don't buy the book at least read the review. N.B. If you live in one of the countries where this book is now in the public domain, you can read it online. But not if you live in a country where it is still under copyright protection.
We want you to be a part of our community. We want you to take this seriously, and see amazing results in unexpected areas. We want you to look, feel, and live better than you have in years—or maybe ever. We want you to find lasting food freedom. Even if you don't believe this will actually change your life, if you're willing to give it 30 short days, DO IT. It is that important. We believe in it that much. It changed our lives, and we want it to change yours too.
The contents of this website are for educational purposes and are not intended to offer personal medical advice. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website. The Nutrition Source does not recommend or endorse any products.
Contrary to popular belief, fat doesn't make you fat; carbs do (and the Standard American Diet contains a ton of them!). Natural oils and fats are your body's preferred sources of creating energy, so it's best to give your body what it's asking for. The following are some of the best types of paleo diet oils and fats that you can give your body if you're in need of some additional energy.
July 2016 I weighed 225 lbs. and was desperate for a way of eating that I could lose weight with but not starve doing so. This book contained the answers I'd been seeking for years and, in my opinion, is the perfect starter book to understanding the Paleo eating plan. By July 2017 I dropped 65 lbs., felt absolutely great, and became a strong proponent of eating this way for a lifetime. Loren Cordain keeps it simple and straight-forward, explaining the diet in an uncomplicated manner.
Ties on the overall leaderboard for Online Qualifier will be broken by awarding the best position to the athlete who has the highest result in any single Online Qualifier workout. If athletes remain tied after this first tiebreaker, the process continues to their next-highest single result, and so forth. Results from individual Open workouts will NOT be used to break ties on the overall Online Qualifier leaderboard. Ties will not be broken for single event results. More than one athlete can share an event result, and each will earn the original point value.
This is one of the best cookbooks I have ever purchased and I have nearly 100! Most cookbooks I might find 3-4 good recipes out of dozens. Out of the 150 recipes in this book there are maybe 10 that I wouldn't make but 140 I would! The pictures are great! The recipes are delicious. I don't really even feel like I'm eating healthy because the food just tastes so great!
It takes 30 days to push the reset button on your health and change your relationship with food. This is the concept behind Melissa and Dallas Hartwig's Whole30 program. By eating non-processed whole foods and ditching grains, dairy, and sugar, you will reduce inflammation in your system, clear up your skin, and revitalize your energy stores. These are just a few of the benefits this program boasts.
Bob is right on. The only announcement which was even worth watching was the last one because they brought back tommy Marquez and Co. the open this year was an absolute joke. I watched the first one, w high anticipation, laughed my butt off in embarrassment and didn't watch again until 5 when I heard Marquez was back. Also, good luck w the top athletes from countries with like 10 actual crossfitters. What's the point of bringing in an athlete who will be ousted in the first 5 min of the games while Brent Filowski sits home? Good call
CrossFit NYC was the sixteenth (of now over ten thousand) CrossFit affiliates. We were the first in New York (2005). Our coaching staff is the largest and most experienced of any CrossFit affiliate in the world. We have supervised over 75,000 CrossFit classes totaling nearly 1 million workouts. Our members include professional athletes and dancers, desk jockeys and stay-at-home moms, celebrities and grandparents. If you live in New York and you want to get in the best shape of your life, CrossFit NYC is the place to be.
Videos shot with a fisheye lens or similar lens may be rejected due to the visual distortion these lenses cause. If an athlete needs someone to adjust their camera during the WOD to capture all movements, this is acceptable, as long as the flow of the workout and the athlete is in view the whole time. It is the athletes responsibility to ensure their video meets the standard.
Paleonutrition by Mark Q. Sutton, Kristin D. Sobolik, and Jill K. Gardner is the analysis of prehistoric human diets and the interpretation of dietary intake in relation to health and nutrition. This is a substantial text that combines background to paleonutrition, an extensive bibliography, a discussion on methods, and case studies. Published February 23, 2010.
In the long term, you have to be sure you're getting calcium and other nutrients you're missing by not having dairy products and certain grains. Some paleo-approved foods, such as salmon and spinach, contain calcium, so you have to be sure you're including them in your diet. It would be a good idea to check with a registered dietitian, too, to make sure you're meeting your calcium and other nutrient needs.
By the end of my first Whole30, I had an entire document full of recipes I still wanted to try, which motivated me to keep going. Yes, you can stay compliant by eating steamed chicken and lettuce every day, but why would you do that to yourself? "Find foods that are easy to make and that you enjoy eating," Cohn says. "If you eat foods that you don't like just to follow the diet, you are not going to continue to eat those foods once you are done with the 30 days." Pro tip: Google the Whole30 version of your favorite meal, there's probably a recipe out there for it. (Unless that meal is cake.) This really helped reignite my love for cooking and encouraged me to continue preparing my own meals, instead of relying on Seamless delivery.
The data for Cordain's book only came from six contemporary hunter-gatherer groups, mainly living in marginal habitats.[36] One of the studies was on the !Kung, whose diet was recorded for a single month, and one was on the Inuit.[36][37][38] Due to these limitations, the book has been criticized as painting an incomplete picture of the diets of Paleolithic humans.[36] It has been noted that the rationale for the diet does not adequately account for the fact that, due to the pressures of artificial selection, most modern domesticated plants and animals differ drastically from their Paleolithic ancestors; likewise, their nutritional profiles are very different from their ancient counterparts. For example, wild almonds produce potentially fatal levels of cyanide, but this trait has been bred out of domesticated varieties using artificial selection. Many vegetables, such as broccoli, did not exist in the Paleolithic period; broccoli, cabbage, cauliflower, and kale are modern cultivars of the ancient species Brassica oleracea.[28]
The line of VivoBarefoot shoes have a design based on the simple principle that being barefoot is the healthiest way for you and your feet to be. An ultra thin (3mm) puncture resistant sole allows your feet to be as millions of years of evolutionary design intended Barefoot! There are many styles with each in many colors. Plus many more styles that are not available through Amazon.com. Many of them are conventionally styled and can be worn to work. For the current models see Amazon.com. One style is discussed below.
Trying to devise an ideal diet by studying contemporary hunter-gatherers is difficult because of the great disparities that exist; for example, the animal-derived calorie percentage ranges from 25% for the Gwi people of southern Africa to 99% for the Alaskan Nunamiut.[39] Descendants of populations with different diets have different genetic adaptations to those diets, such as the ability to digest sugars from starchy foods.[39] Modern hunter-gatherers tend to exercise considerably more than modern office workers, protecting them from heart disease and diabetes, though highly processed modern foods also contribute to diabetes when those populations move into cities.[39]
Evolution of the Human Diet: The Known, the Unknown, and the Unknowable by Peter S. Ungar. Diet is key to understanding the ecology and evolution of our distant ancestors and their kin, the early hominins. A study of the range of foods eaten by our progenitors underscores just how unhealthy many of our diets are today. This volume brings together authorities from disparate fields to offer new insights into the diets of our ancestors. Paleontologists, archaeologists, primatologists, nutritionists and other researchers all contribute pieces to the puzzle. The book has four sections: Reconstructed diets based on hominin fossils--tooth size, shape, structure, wear, and chemistry, mandibular biomechanics. Archaeological evidence of subsistence--stone tools and modified bones. Models of early hominin diets based on the diets of living primates--both human and non-human, paleoecology, and energetics. Nutritional analyses and their implications for evolutionary medicine.
To get an idea of what that means, we turned to the experts, including Loren Cordain, PhD, a professor emeritus at Colorado State University in Fort Collins, Colorado, and the author of The Paleo Diet; Erin Holley, RD, of Ohio State University Wexner Medical Center in Columbus, Ohio; and Lona Sandon, PhD, RD, an assistant professor of clinical nutrition at the University of Texas Southwestern Medical Center in Dallas.
Greg Glassman has gone on record saying he wants the Games to reflect the international impact CrossFit is having. The current format doesn't allow for that. If you remember the 2018 Games flag ceremony, only a handful of countries were represented. Even then, American flags (Canada included) were the overwhelming majority. BORING! Everyone knows CrossFit is an international sport and our main event should be represented as such. Good Job Glassman!
^ Hou JK, Lee D, Lewis J (October 2014). "Diet and inflammatory bowel disease: review of patient-targeted recommendations". Clinical Gastroenterology and Hepatology (Review). 12 (10): 1592–600. doi:10.1016/j.cgh.2013.09.063. PMC 4021001. PMID 24107394. Even less evidence exists for the efficacy of the SCD, FODMAP, or Paleo diets. Furthermore, the practicality of maintaining these interventions over long periods of time is doubtful.
At CFIH, we believe that results are rewarded to those who work hard for them. We provide the tools and together we will work to accomplish your goals. We believe that it's not just our commitment to fitness and clean eating that helps pave the way to success, but also our community which holds all of the key pieces together. Fall in love with our culture and join a community that is filled with individuals who live lives of integrity, who exude a confident but humble demeanor, and who are committed to creating positive habits to last a lifetime! Join us and become a happier, healthier, and more fulfilled YOU!
The barbell may be pre-loaded to a start weight. The athlete has to load their own bar. No pit crews or assistance is allowed. The barbell must start on the ground. The athlete may then lift the bar from the ground and get it to an overhead position in any variation detailed above. As long as they are locked out with hips and knees at full extension before starting each rep. However, you may squat snatch the first rep if you wish.
The evolutionary discordance is incomplete, since it is based mainly on the genetic understanding of the human diet and a unique model of human ancestral diets, without taking into account the flexibility and variability of the human dietary behaviors over time.[26] Studies of a variety of populations around the world show that humans can live healthily with a wide variety of diets and that humans have evolved to be flexible eaters.[27] Lactose tolerance is an example of how some humans have adapted to the introduction of dairy into their diet. While the introduction of grains, dairy, and legumes during the Neolithic revolution may have had some adverse effects on modern humans, if humans had not been nutritionally adaptable, these technological developments would have been dropped.[28]
Get 8 classes filled with in-depth, safe, and motivating instruction covering all of the basics you need to do CrossFit effectively, while setting you up to move on to regular classes. You'll learn, get a workout, meet great people, and see what CrossFit NYC is all about. You'll also discover why so many people regard it as the best way to get fit.
A diet high in phytic acid, which can be found in whole grains (it's in the bran) and beans like soy, is very detrimental for mineral absorption. Phytic acid strongly binds to minerals like calcium, iron, zinc and magnesium to form insoluble salts, phytates, which precipitate from the body and are not absorbed. Staffan Lindeberg has written a summary on phytic acid.
CrossFit, Inc. does not dispute that its methodology has the potential to cause rhabdomyolysis.[70] The company states that exertional rhabdomyolysis can be found in a wide variety of sports and training populations and argues that its critics have conflated CrossFit's high awareness of rhabdomyolysis with high risk.[13][71] One CrossFit spokesman stated that "ESPN's report on the 53 deaths in US triathlons from 2007 to 2013 should have put the issue to rest."[71]


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Block Launcher 1.25.1 for Minecraft PE 1.11 & 1.12Block Launcher is a popular launcher for
Download Minecraft PE 1.11.4 (Android/iOS/Win10)Another unexpected update that will make you a
Download Minecraft PE 188.8.131.52/126.96.36.199Addon-makers, keep yourself in hand!files|
MCPE Master v2.1.99 (1.11.4/220.127.116.11)This is a new and better launcher for Minecraft
FurniCraft Addon v10.5 for Minecraft PE 1.11.3 & 188.8.131.52Furniture remains the most desirable items in
Soartex Fanver Texture Pack for Minecraft PE [64x]Interesting and high-quality textures will fill
PokeCraft Mod for Minecraft PE 1.11 and 1.12 (Upd)PokeCraft is the best Pokémon Mod for Minecraft
TSPE Shader for Minecraft PE 126.96.36.199Want some of the best shaders for Minecraft
UltraMax Shader v1.5 for Minecraft Bedrock 1.12Give your world more naturalness and a natural
Realistic World Shadow Shaders v0.1 for MCPE 1.12Realistic World Shadow is currently one of the
The Mask Addon for Minecraft PE 1.11 & 1.12
- Author: Bernard
- Date: 17-06-2019, 10:58
The basis for this addon was not only the movie itself, but also the comics, as well as the animated series..
Crash Landing Modpack v3 (14 in 1!)
- Author: PudiN
- Date: 17-06-2019, 10:25
Crash Landing is a huge technical mod pack for Minecraft Bedrock, it's unlikely you've seen anything like it. All the mods work on Inner Core, which means wide possibilities and a lot of really cool mechanisms, objects, ores and much more..
Justice League Addon for Minecraft PE 1.12
- Author: Bernard
- Date: 17-06-2019, 10:08
In contrast to Marvel, we present you a new addon for Minecraft PE which focuses on a parallel universe inhabited by other super heroes..
Craftable Food Addon for Minecraft PE 1.12
- Author: Bernard
- Date: 17-06-2019, 07:18
Parallel to the potions, you can eat new food provided by this addon..
Magnet Addon for Minecraft PE 126.96.36.199+
- Author: Bernard
- Date: 17-06-2019, 06:45
The principle of a magnet defies the laws of physics, it attracts absolutely any things..
Tigers Addon for Minecraft PE 1.11/1.12
- Author: Bernard
- Date: 13-06-2019, 06:19
What should be added to Minecraft Bedrock to get a cubic masterpiece?
Hulk Addon for Minecraft PE 1.12
- Author: Bernard
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The Avengers are still here but not as hype as a month ago. Although this addon is related to them..


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What Sunrises & Sunsets on Mars Look Like
Sunrises and sunsets on Mars may be a little less spectacular than here on Earth, but hey, there are sunrise and sunset photos from another world! NASA spacecraft have been watching the sun go up and down on the red planet for more than 40 years. The latest views, from the InSight lander, whose primary mission is actually to study what's beneath the surface, were just released.
"It's been a tradition for Mars missions to capture sunrises and sunsets," said Justin Maki, imaging lead on InSight's science team at NASA's Jet Propulsion Laboratory. "With many of our primary imaging tasks complete, we decided to capture the sunrise and sunset as seen from another world."
From faraway Mars, the sun is about two-thirds as big as it looks from your backyard. Because Mars has only a wisp of an atmosphere — about 1 percent of what we have—there's typically less color in the sky and fewer, thinner clouds (Mars does have clouds, however, and they're sometimes blue or pink).
There's quite a bit of variety in the Martian sky, however.
The morning and evening sky can be reddish, and now and then some blue sneaks in near the sun, as in the 1997 Pathfinder image below. "The dust in the atmosphere absorbs blue light, giving the sky its red color, but it also scatters some of the blue light into the area just around the sun because of its size," NASA explained.
Twilight images aren't taken just for kicks. They can help scientists look for dust or ice clouds and gauge how high the dust extends into the thin air. Dust storms sometimes engulf the entire planet, and understanding them could be vital to any future human missions.
Looking way back, the first Martian sunset was seen in 1976, thanks to the Viking 1 lander. The low angle of the sun cast the rocks in sharp relief, and the image helped scientists see things by virtue of the shadows that they hadn't spotted in other images.
Viking 1's landmark image was followed by a sunrise shot two years later from its sister, Viking 2.
On Earth, the colors of sunrise and sunset are governed by the same basic principles, but the results are quite different, because our atmosphere is so much thicker. Blue light, because of its short wavelength, is scattered by our atmosphere, making the sky blue. Light of longer wavelengths, especially red and orange, pass through most of the atmosphere to your eyes. At sunrise and sunset, even more of the blue is scattered, and you see what's left: mostly red, orange and yellow.
If you're planning to go to Mars, enjoy the incredible terrestrial light show while you're still here. You can learn more about how it works here:


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13 Qualified Buns Hairstyles Style
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125 8 Ave E
MLS® #: MH0153669DENISE FODE, RE/MAX Medalta Real Estate
Est. Mortgage $539.82/mo
2 bed|1 bath|651 sqft|house
Date Listed: Wed, Jan 02, 2019
Property Tax: $1,270 (2018)
Schedule A ViewingRequest More Info
More to See
Property Description
Open concept two bedroom home with comfortable sized dining area and living room. Large bathroom holds stacking washer and dryer for main floor laundry convenience. Plenty of room for extra storage with attached 9x9 shed on the back corner of the house along with single car garage at back of property. Home has a great location, being close to the hospital, making for a terrific revenue home opportunity or as a starter home.
Property Type: Single Family
Property Tax: $1,270 (2018)
Last Updated: Wed, April 03, 2019
Possession: Immediate
Key Facts
Style: Bungalow
Ownership-Type: N/A
Year Built: 1951
sqft: 651 SQFT
Date Listed: Jan 02, 2019
Lot Size: 6250
Occupancy: N/A
Heating: Furnace - Forced Air - 1, Natural Gas
Heating Source: N/A
Rooms: 6
Appliances: Refrigerator - 1, Stove
Flooring: Linoleum, Tile
Interior Features: Laundry - Main Floor
Parking: Garage - Detached
Garage: 1
Area: Forty Mile County
Exterior Features: Deck
Foundation: Concrete, Dirt, Partial Basement
Roof: Shingle - Asphalt
Access: Back Alley Access, Lane - Paved
Construction: Wood
Faces: S
Sewer: Municipal
Utilities: Service - Full
Water Source: Municipal
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