PFT: Jennings' recovery takes step back

AP

Ravens safety Bernard Pollard isn?t happy about all the mistakes he saw the replacement officials make in Sunday?s loss to the Eagles, and he says it?s time for NFL Commissioner Roger Goodell to do something about it.

Pollard said on 98.5 The Sports Hub?s Toucher & Rich show that the replacement officials are out of their depth in trying to keep up with a game at NFL speed, and that Goodell needs to show the decisiveness he has shown in other aspects of running the league and bring the officials? lockout to a halt.

?My issue is we have a commissioner that is jumping on board to hammer every other issue down in the NFL . . but we have something at hand that is messing up the integrity of the league and nothing is being done about it,? Pollard said. ?These guys need to be out. I respect them as men. I understand that they were put in a position they can?t handle. But who is going to turn down an NFL officiating gig when you probably get paid more than you got paid in the lingerie league or whatever. Who is going to turn that down? But when it?s all said and done, the commissioner needs to do something about it.?

Pollard said he believes the regular officials are worth everything they?re asking for from the owners, and the replacement officials seem more like overwhelmed fans than professionals.

?These guys are star-struck,? Pollard said. ?I understand they respect us as players, but when you step on that field you can?t be bullied. When you throw that flag, stand by that flag. When you make one of those calls, you point with power, with integrity, and these guys don?t have it.?

Pollard stressed that he believes the replacement refs are doing their best. He just doesn?t think their best is good enough.

?Nobody is perfect,? Pollard said. ?We all make bad plays and people make bad calls. But when it?s all said and done, everything that is happening every single game ? and it?s consistently happening ? something needs to be done about it. When it?s all said and done, this is something the real officials and the league have to iron out. They need to meet now, because this has gone too far.?

Pollard is far from the only one who feels that way, but so far there are few signs of the lockout ending any time soon. Pollard ? and the rest of us ? may need to get used to the replacements.

Source: http://profootballtalk.nbcsports.com/2012/09/20/greg-jennings-takes-a-step-in-the-wrong-direction/related/

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Corrupt officials beware: China's Twitter empowers citizen-vigilantes

China's version of Twitter, Weibo, has trained a critical public eye on authority figures across the country, spawning a growing cadre of citizen-vigilantes on the prowl for evidence of corruption.

By Peter Ford,?Staff writer / September 4, 2012

In this photo taken on Aug. 1, employees work at their desks at a Sina Weibo office, China's Twitter-like social media forum, in Beijing.

Alexander F. Yuan/AP

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Pity the poor Chinese official.

Skip to next paragraph Peter Ford

Beijing Bureau Chief

Peter Ford is The Christian Science Monitor?s Beijing Bureau Chief. He covers news and features throughout China and also makes reporting trips to Japan and the Korean peninsula.

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For years he has been able to get away with almost any kind of behavior, unaccountable to the public and rarely held to account by his superiors.

Suddenly, as two mid-ranking bureaucrats are discovering to their chagrin, he practically cannot even hitch up his shirt cuffs in public, let alone throw his weight around, without the public jumping on his case and possibly getting him fired.

Not because Chinese politics have changed, mind you, but because of Sina Weibo, the Twitter-like social media forum that has trained a critical public eye on people in authority across the land.

Just ask Yang Dacai. As head of Shaanxi Province?s Safety Supervision Bureau, he was called to the scene of a ghastly crash 10 days ago that had killed 36 bus passengers. For some reason, he was smiling inanely in a reporter?s photograph of the scene that went viral on Weibo, and which infuriated internauts.

Within a couple of days, he had been identified, and five photographs of him in different circumstances wearing five different luxury watches had been scoured from the Web and posted on Weibo. Where, demanded indignant citizens smelling corruption,?had a civil servant earning $1,500 a month found the money to buy $40,000 worth of wristwatches?

Mr. Yang is currently under investigation by the Shaanxi provincial disciplinary body, which is looking into allegations of bribery.

Col. Fang Daguo, a political commissar with the People?s Liberation Army, is also under investigation, and has been suspended from his job to boot, because of another Internet outcry.

And in a new sign of Weibo?s power, Internet posts have inspired even the government?s official purveyor of propaganda, the Xinhua news agency, to join in the criticism.

A flight attendant on China Southern airlines posted an account last week (illustrated by photographs and retweeted by others more than 30,000 times) of how Fang had hit and gripped her hard enough to leave bruises and tear her dress when she asked him to move his luggage from the aisle before the plane took off for the southern city of Guangzhou.

Cue public outrage, and, unusually, a quick statement from Fang?s employer. Except that the statement said he had done no wrong, suggesting instead that his wife had been involved in a little pushing and shoving.

This flew in the face of eyewitness reports, and was too much even for Xinhua ? normally the staunchest defender of officialdom in the land.

?Have you done a comprehensive and objective investigation?? the Xinhua bureau in Guangzhou asked in a Weibo post, challenging the official version of events. ?Is what your investigation found really the same as what you published? If not, why not??

The highest officials in government ? President Hu Jintao and Premier Wen Jiabao ? have warned repeatedly that corruption poses the gravest threat to Communist Party rule in China, as the gap between rich and poor widens. It has made little difference.

Sometimes the new citizen-vigilantes on the Web claim a scalp: In 2008 an official in the eastern city of Nanjing was featured in an online photo wearing a fancy watch; a public outcry led to an investigation that led to an 11-year jail term for bribery.

But sometimes the old ways still win out. When Shi Junrong, a reporter for the Xi?an Evening News in northeastern China, wrote an article in June wondering about the wickedly expensive cigarettes a county official had been photographed smoking, it wasn?t the official who was suspended ? it was Mr. Shi.

Source: http://rss.csmonitor.com/~r/csmonitor/globalnews/~3/_eClPgpSUUc/Corrupt-officials-beware-China-s-Twitter-empowers-citizen-vigilantes

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Planned AEG sale means hazy future for LA sports

LOS ANGELES (AP) ? A for-sale sign for the owner of the Staples Center arena, the NHL's Los Angeles Kings, Major League Soccer's LA Galaxy and a stake in the LA Lakers would be a major shock to the city's sports, entertainment and business establishment at any time.

But when Denver-based Anschutz Co. said Tuesday that it was "commencing a process" to sell subsidiary Anschutz Entertainment Group, the announcement left especially big questions about AEG's central role in courting the NFL's return to Los Angeles with Farmers Field, a planned downtown stadium going through late-round approvals with the city.

Mayor Antonio Villaraigosa was not so shocked, saying he had long known about the possible sale even as he publicly pushed for the building of the stadium. He insisted it would not derail the city as it pulls closer to the return of the NFL since the 1994 departure of the Rams and Raiders.

Villaraigosa said both Denver billionaire Phillip Anschutz and AEG President Tim Leiweke have assured him the city's football future will remain the same.

"I have worked with both Phil Anschutz and Tim Leiweke for years to bring a football team to Los Angeles. I speak to both of them on a regular basis, and I have known about this potential sale for some time," the mayor said in a statement Tuesday. "I have the commitment from both of them that this won't affect plans for an NFL team to return to Los Angeles in the near future and so will not affect my support for moving ahead with Farmers Field."

The stadium overcame a major hurdle last week when the city's planning commission unanimously recommended that the city council approve its environmental impact report. The council will take up the issue on Sept. 28.

If an agreement is reached, AEG and the city have said they would work on the puzzle's most important piece ? convincing an NFL team to move ? early next year.

Councilwoman Jan Perry, whose district includes the proposed stadium site next to the Staples Center, said she did not know about a pending sale but agreed that it wouldn't have adverse effects on courting a team.

"The city has done a good job of protecting the taxpayer's interest in negotiating an agreement," Perry told The Associated Press, "so whoever steps into the shoes of Mr. Anschutz will have the same obligations."

Perry said the move "arguably is very positive" because she suspected it could lead to an enthusiastic new partner anxious to get in on the city's NFL prospects.

It wasn't immediately clear how far along the company is in the sale process, or whether it has entertained any offers. The price for AEG could be well into the billions.

Anschutz Co. said in the statement that it has hired as financial advisers the Blackstone Group, which recently managed the sale of the Los Angeles Dodgers to a group that includes former Lakers star Magic Johnson.

"Given the success of the management team and employees in establishing AEG as one of the premier real estate development, live sports and entertainment platforms in the world," Anschutz president Cannon Y. Harvey said in a statement, "this is an appropriate time to transition AEG to a new qualified owner. This process represents a unique opportunity to maximize value for all concerned."

AEG's holdings also include the professional soccer team Los Angeles Galaxy, part-ownership of the NBA's Los Angeles Lakers, and major entertainment and real estate holdings in downtown Los Angeles. Outside of L.A., AEG owns Major League Soccer's Houston Dynamo and New York's Barclay's Center, the new home of the NBA's Brooklyn Nets. It also owns arenas in Sweden, China and Australia.

The potential sale was first reported by the Wall Street Journal.

AEG transformed the city's landscape with the building of Staples Center and the addition of the LA Live entertainment complex, helping to revitalize a long-neglected downtown and bring energy and several championships to its sports teams.

Opened in 1999, the Staples Center is among the world's busiest arenas. It hosted six playoff games in four days for its main tenants ? the NBA's Lakers and Clippers, and the NHL's Kings, who won their first Stanley Cup in June.

Source: http://news.yahoo.com/planned-aeg-sale-means-hazy-future-la-sports-083949614--finance.html

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Ryanmentum (talking-points-memo)

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Who are the 47 percent? 5 jobs held by people who pay no income tax.

Librarian Josh Soule (l.) speaks with Rosalind Licht as she reacts to lessons on how to set up and use a Facebook account at a branch of the New York Public Library in New York on Aug.13, 2012. (Lucas Jackson/REUTERS/File)

Despite the growth of online data networks, people still want to find books in libraries. And, when they need help, they ask a library assistant.

According to a recent job posting by the Boston Public Library, candidates for the job need tact in dealing with people, good oral skills, good judgment, and dependability. Computer skills are essential.

Although a high school diploma or GED is required, most library assistants will probably have some college under their belts. In fact, a recent job posting for the Sharon, Mass., public library, says a college degree is preferable.

?It?s a viable career for people who have worked as students or lived in communities where they have frequented libraries and have a love and passion for reading and helping patrons,? says Lorelle Swader, director of the American Library Association?s Office for Human Resource Development and Recruitment in Chicago.

That would be the case for Chris Amorosi, who works as a library assistant at the Saugus Public Library. ?I enjoy anything involving organizing information and helping people find what they are looking for,? he says.

However, according to the Bureau of Labor Statistics (BLS), the pay is relatively modest: last year, the 109,440 library assistants had a mean annual salary of $25,570 a year.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/K35wqq72bNs/Who-are-the-47-percent-5-jobs-held-by-people-who-pay-no-income-tax

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Did a 'forgotten' meteor have a deadly, icy double-punch?

ScienceDaily (Sep. 19, 2012) ? When a huge meteor collided with Earth about 2.5 million years ago and fell into the southern Pacific Ocean it not only could have generated a massive tsunami but also may have plunged the world into the Ice Ages, a new study suggests.

A team of Australian researchers says that because the Eltanin meteor -- which was up to two kilometres across -- crashed into deep water, most scientists have not adequately considered either its potential for immediate catastrophic impacts on coastlines around the Pacific rim or its capacity to destabilise the entire planet's climate system.

"This is the only known deep-ocean impact event on the planet and it's largely been forgotten because there's no obvious giant crater to investigate, as there would have been if it had hit a landmass," says Professor James Goff, lead author of a forthcoming paper in the Journal of Quaternary Science. Goff is co-director of UNSW's Australia-Pacific Tsunami Research Centre and Natural Hazards Research Laboratory.

"But consider that we're talking about something the size of a small mountain crashing at very high speed into very deep ocean, between Chile and Antarctica. Unlike a land impact, where the energy of the collision is largely absorbed locally, this would have generated an incredible splash with waves literally hundreds of metres high near the impact site.

"Some modelling suggests that the ensuing mega-tsunami could have been unimaginably large -- sweeping across vast areas of the Pacific and engulfing coastlines far inland. But it also would have ejected massive amounts of water vapour, sulphur and dust up into the stratosphere.

"The tsunami alone would have been devastating enough in the short term, but all that material shot so high into the atmosphere could have been enough to dim the sun and dramatically reduce surface temperatures. Earth was already in a gradual cooling phase, so this might have been enough to rapidly accelerate and accentuate the process and kick start the Ice Ages."

In the paper, Goff and colleagues from UNSW and the Australian Nuclear Science and Technology Organisation, note that geologists and climatologists have interpreted geological deposits in Chile, Antarctica, Australia, and elsewhere as evidence of climatic change, marking the start of the Quaternary period. An alternative interpretation is that some or all of these deposits may be the result of mega-tsunami inundation, the study suggests.

"There's no doubt the world was already cooling through the mid and late Pliocene," says co-author Professor Mike Archer. "What we're suggesting is that the Eltanin impact may have rammed this slow-moving change forward in an instant -- hurtling the world into the cycle of glaciations that characterized the next 2.5 million years and triggered our own evolution as a species.

"As a 'cene' changer -- that is, from the Pliocene to Pleistocene -- Eltanin may have been overall as significant as the meteor that took out the non-flying dinosaurs 65 million years ago. We're urging our colleagues to carefully reconsider conventional interpretations of the sediments we're flagging and consider whether these could be instead the result of a mega-tsunami triggered by a meteor."

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Story Source:

The above story is reprinted from materials provided by University of New South Wales. The original article was written by Bob Beale.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

---

Journal Reference:

1. James Goff, Catherine Chagu?-Goff, Michael Archer, Dale Dominey-Howes, Chris Turney. The Eltanin asteroid impact: possible South Pacific palaeomegatsunami footprint and potential implications for the Pliocene-Pleistocene transition. Journal of Quaternary Science, 2012; DOI: 10.1002/jqs.2571

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_technology/~3/W-AEZjbS5oc/120919103612.htm

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ITC Says It Will Formally Investigate Motorola?s Patent Complaint Against Apple

Almost exactly a month ago, Google's Motorola Mobility filed a patent-infringement lawsuit against Apple with the U.S. International Trade Commission (ITC) in Washington. Today, the ITC announced its decision to institute a formal investigation of Motorola's claims. The suit, which aims to block Apple from importing virtually all of its current hardware to the U.S., alleges that Apple's devices are infringing upon seven Motorola patents. It's worth noting that this lawsuit wouldn't affect the upcoming iPhone 5, the older iPhone 4S, and the new iPad with 4G connectivity, as these devices use different chipsets that fall outside of Motorola's patent claims.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/7LDiDl7E-Ws/

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A cub is born to giant panda at National Zoo

FILE - In this Dec. 19, 2011 file photo, Mei Xiang, the female giant panda at the Smithsonian's National Zoo in Washington, eats breakfast. Mei Xiang has given birth to a cub following five consecutive pseudopregnancies in as many years. (AP Photo/Susan Walsh)

FILE - In this Dec. 19, 2011 file photo, Mei Xiang, the female giant panda at the Smithsonian's National Zoo in Washington, eats breakfast. Mei Xiang has given birth to a cub following five consecutive pseudopregnancies in as many years. (AP Photo/Susan Walsh)

FILE - In this Dec. 19, 2011 file photo, Mei Xiang, the female giant panda at the Smithsonian's National Zoo in Washington, eats breakfast. Mei Xiang has given birth to a cub following five consecutive pseudopregnancies in as many years. (AP Photo/Susan Walsh)

WASHINGTON (AP) ? A female giant panda at the Smithsonian's National Zoo is a mother for the second time, giving birth to a cub.

The birth late Sunday by Mei Xiang was a surprise after years of failed pregnancies.

Mei Xiang gave birth at 10:46 p.m., the zoo said. The staff can hear the cub making a squawking noise, but has yet to see it because Mei Xiang has built a large nest in her den. Panda cubs are pink and nearly hairless and about the size of a stick of butter.

"I'm cautiously optimistic as we haven't seen the cub yet, but we know that Mei is a good mother. Like everyone else, I'm glued to the panda cam for my first glimpse of the cub!" Dennis Kelly, the zoo's director, said in a news release.

The cub is the second born to Mei Xiang and Tian Tian as the result of artificial insemination. Mei Xiang has had five consecutive pseudopregnancies since 2007 and had a less than a 10 percent chance of being pregnant after so many failed attempts. A pseudopregnancy occurs when a panda ovulates but doesn't conceive.

Scientists at the zoo had all but given up on Mei Xiang's chances of conceiving. They worried she had become infertile and had been considering whether to replace her or Tian Tian with other pandas.

Veterinarians will perform the first physical exam after Mei Xiang and the cub have had time to bond, the zoo said. The new mother will most likely not come out of her den, or eat or drink, for at least a week.

Mei Xiang's first cub, Tai Shan, was born in 2005 and gained a near-rockstar following before being returned to China in 2010. Under the Smithsonian's panda loan agreement, any cub born at the zoo must return to China for breeding.

Mei Xiang and Tian Tian are the second panda couple to live at the national zoo. The first panda pair, Ling-Ling and Hsing-Hsing, arrived in 1972 as a gift to the American people after President Richard Nixon's historic visit to China. Ling-Ling and Hsing-Hsing lived more than 20 years at the zoo and had five cubs, but none of them survived.

___

Online:

The zoo's online panda camera: http://nationalzoo.si.edu/Animals/GiantPandas/default.cfm?cam=LP2

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-09-17-National%20Zoo-Panda/id-a5cb20c3ab4047a8a8da50c73bf697ae

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Sperm Captured in 3D for the First Time Reveals Corkscrew Swimming Patterns [Video]

Scientists, bless their brains, have finally tracked the paths of sperm in 3D. It's the first time they've been successful in 3D-mapping the trajectory of sperm and it's revealed a few things about those drippy critters: some sperm swim in corkscrew-like patterns and others are 'hyperactive' and hectic. Your sperm has strokes, dude. More »

Source: http://feeds.gawker.com/~r/gizmodo/full/~3/GlzsZBch-F4/sperm-captured-in-3d-for-the-first-time-reveals-corkscrew-swimming-patterns

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NH gas prices continue upward march

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China files trade case against Washington

BEIJING (AP) ? China filed a World Trade Organization case Monday challenging U.S. anti-dumping measures on billions of dollars of kitchen appliances, paper and other goods, adding to worsening trade strains as global demand weakens.

Beijing's move came shortly before the Obama administration filed its own WTO case accusing China of improperly subsidizing exports of automobiles and auto parts.

China and the U.S. have clashed over complaints about market barriers and subsidies for goods including autos, solar panels, tires, steel and chicken. Political pressures on both sides are worsening as demand for their goods cools, raising the threat of job losses in export industries.

As campaigning for the U.S. presidency intensifies ahead of a November vote, President Barack Obama and Republican nominee Mitt Romney have traded barbs on China, accusing each other of backing policies that would move American jobs overseas.

The Chinese Ministry of Commerce said its latest WTO complaint centers on the U.S. Congress's passage of a law this year that retroactively gave the Commerce Department power to impose anti-dumping duties on Chinese goods. That came after a U.S. court reversed earlier duties imposed under rules covering countries such as China and Vietnam that are deemed to be "non-market economies."

"This practice puts Chinese enterprises in an uncertain legal environment, in violation of the relevant rules of the WTO transparency and due process," ministry spokesman Shen Danyang said in a statement.

The ministry said U.S. measures being challenged cover 24 types of products worth $7.2 billion. It gave no details, but a statement from the WTO in Geneva said they include paper, steel, tires, magnets, chemicals, kitchen appliances, wood flooring and wind towers.

The Chinese filing Monday requests consultations to settle the dispute, the first stage in a WTO complaint. If no resolution is found after 60 days, Beijing can ask for the case to be handed over to a WTO panel for judgment. Depending on the outcome, China might be allowed to request sanctions.

The two governments, along with other members of the Group of 20 major rich and emerging economies, have pledged to avoid taking steps that might hamper trade and global growth. Despite that, they have traded accusations they are improperly subsidizing a range of industries or shielding them from foreign competition in violation of WTO commitments.

In July, Washington filed a WTO case challenging anti-subsidy tariffs imposed by Beijing on imports of American automobiles. Chinese authorities imposed the charges after concluding the financial rescue of General Motors Co. and Chrysler LLC violated rules against subsidies.

Among other complaints, the United States, the European Union and Japan are challenging China's controls on exports of rare earths needed by manufacturers of mobile phones and other high-tech products. Washington also is investigating complaints that Beijing is improperly subsidizing its producers of solar panels, wiping out American jobs.

The latest clashes come as global economic growth appears to be turning down due to Europe's debt crisis and a sluggish U.S. recovery despite repeated stimulus measures.

The Paris-based Organization for Economic Cooperation and Development said last week its latest economic indicators "point to a continued loss of momentum in most major economies" including the United States, the euro zone, Canada and Britain.

___

Online:

Chinese Ministry of Commerce (in Chinese): www.mofcom.gov.cn

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2012-09-17-AS-China-US-Trade/id-f4797b0ee1f44bf6800d185f7c16db6a

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Prosperity Spells ? Why Do They Work? | The Self Improvement Blog

The power of any magic is, of course, in the mind, and for prosperity spells to have any potency or noticeable effect, your mind will need to be very clear.

The desire to attract money is a strong one, and as a student and practitioner of the law of attraction I?d put forward the hypothesis that the spell achieves and enhances precisely that. Think of hypnosis where a subject can be made to believe, for example, that a raw onion is a tasty orange. Is this magic or proof that the mind has the ability to manipulate meaning including even our own senses?

Well, it could be perceived that way ? it matters little what you call the power as long as it produces results. Prosperity spells, then, have the advantage of focussing the mind by use of rituals and incantations which are indeed very powerful tools.

The disadvantage of trying to attract wealth by use of a spell is that you have to believe in the power of the magic as well as the outcome, whereas to engage the law of attraction is, in a sense, to cut out the ?middle man.? Then all that?s required is belief in the outcome ? having more money come into your life.

Since humanity has been sentient, people have believed and understood that we can influence our circumstances and what, nowadays, is mostly considered the ?outside world.? The notion of separation from externals is, however, surprisingly modern and by no means universal.

The power of belief is phenomenal and should not be underestimated. Whether we are speaking of magic or of hypnosis or indeed of miracles, all of which fall somewhere in the spectrum of producing results that cannot be explained by our conventional scientific understanding, prosperity spells should most certainly be considered a powerful tool in the creation and attracting of wealth.

Source: http://selfimprovement.fm/prosperity-spells-why-do-they-work/

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Kennedy compares election to father's win in 1960 (The Arizona Republic)

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The courts and the orphan works | The Legal Genealogist

Digitizing the orphans

Sometime later this year or early next year, in two different courtrooms in the Federal Courthouse in Manhattan in New York, two cases will be decided that could greatly affect how easily and how readily researchers, including genealogists, can access books online ? especially those books that fall into the category called ?orphan works.?

Those are copyrighted works ? books, plays, photos and the like ? where the copyright owner can?t be identified or located. There?s been legislation pending for years to come up with a way to deal with the problems posed by orphan works, but the courts seems likely to have to deal with the issue first.

That?s because the Authors Guild is suing on behalf of all copyright holders to stop the digitization of works for eventual online access ? including all those thousands, perhaps millions, of orphan works.

In one suit, the Guild is suing Google, digitizer of all those Google Books. And in the other, it?s suing HathiTrust, a consortium of university libraries that are using Google?s services and digitizing their book collections.

In both cases, the Authors Guild alleges that the copyrights of authors are being violated by digitizing the works regardless of the use that?s made of the digitized copies thereafter. That the mere scanning of the works and their storage digitally is a copyright violation. And, of course, that any distribution of the copies on the internet is the worst part of the whole deal.

There are a number of problems with the Authors Guild allegations in both of these cases. First, of course, the simple fact is that some of the books being digitized are out of copyright. Although all works published in the United States before 1923 are out of copyright, a large number of books published after 1923 are out of copyright as well.

That?s because some of them were never marked with a copyright notice when such a notice was required, or never registered with the U.S. Copyright Office when that was required, or a copyright wasn?t renewed when renewal was required. There are a number of reasons why a copyright could have expired.

Any work that?s out of copyright can be copied and redistributed. Period. That?s the law, here in the U.S. and around the world. It doesn?t matter if it?s reprinted in hard copy or published on the internet. If it?s out of copyright, it?s fair game.

HathiTrust in particular is carefully checking every book?s copyright status and has discovered that a large number of the works it had segregated as copyright-protected are no longer protected.

Second, one of the reasons for the digitization projects undertaken by Hathi Trust is the preservation of volumes that are otherwise simply not replaceable. They?re out of print and they?re unlikely ever to be reprinted. We?re not talking about print-on-demand products here. We?re talking about books that were typeset years, perhaps decades ago, and there?s not enough demand for a new edition ever to be printed again. It?s hard not to see preservation as a fair use.

Third, a good many of the authors whose works are being digitized simply don?t care if Google or HathiTrust makes copies, and a good many of those don?t care if the works are made available on the internet, either to groups of researchers associated with a particular college library or even to the general public. And for those works, where the authors aren?t complaining, why is digitization a problem at all?

But the big problem here is that a good many of the works being digitized are orphan works ? still in copyright, yes, but with the owner of the copyright or his or her whereabouts unknown today.

Here?s an example. On 29 June 1936, my father?s cousin Alfred Benschura received a copyright for a two-act play titled Blessings of the Gods. There?s no indication it was ever published, so it would remain in copyright until the year 2030 ? 70 years after Alfred?s death in 1960.

Unless I?m very much mistaken, my brothers and sisters and I are Alfred?s heirs ? his closest surviving relatives ? so we now own that copyright. Without the services of a diligent genealogist, nobody interested in that play would have been able to identify us as Alfred?s heirs. And I?d be willing to bet my entire 17-cents life savings that not one of us would mind if Google and HathiTrust digitized it and featured it in their collections.

We wouldn?t even have known about it if I hadn?t been trying to chase down whatever happened to Alfred?s younger brother Willy and gone off searching for any reference to any human being on the face of the earth by the name of Benschura.

Another example is a family history self-published in 1972 by a distant cousin in my Baker line. It?s out of print, the cousin has long since passed on, I have no idea where his only son is located today, and I can?t imagine for one moment that that son or any grandchild or great grandchild would mind one bit if that book was digitized and made available.

But the Authors Guild minds. It doesn?t want Alfred?s play or cousin Elma?s book digitized and certainly doesn?t want them put on the internet simply because they?re copyrighted. The fact that there doesn?t seem to be a particular copyright holder who shares that concern is getting lost here.

Where these cases will end up is anybody?s guess. A settlement was reached once in the Google case but was scuttled by the judge assigned to that case. (A different judge is assigned to the HathiTrust case.) And Congress seems totally disinclined to address any of these issues, least of all the issues posed by orphan works.

Those of us who have welcomed the ability to access works that can?t be purchased can only watch and hope that, for once, we don?t come away shaking our heads, convinced once again that ?the law is an ass.?

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SOURCES

Source: http://legalgenealogist.com/blog/2012/09/05/the-courts-and-the-orphan-works/

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cwsmithsonian.org ? Fit for hire. Part 2

The program looks at cholesterol, blood pressure, body composition, aerobic fitness and lifestyle analysis. When there is concern, students can avail themselves of individualized programs in exercise, diet or special counseling for a problem such as quitting smoking.

?Bowling Green has an excellent program,? reports Forrest C. Tyson, director of the health fitness program at Springfield College in Massachusetts, one of the first schools to define fitness center directors as an academic major with a 1979 graduation of three. (Last year more than 60 graduated with more than 90 percent immediate placement.)

Another pioneer in the field was the University of Wisconsin at Stevens Point, which developed a program called Fit Stop. The program involves upperclassmen in health-related fields who pull cart-mounted testing equipment into dorms to perform blood pressure and endurance testing.

Health and wellness programs on campuses are growing. ?Now, as colleges and universities open fitness centers, they also start these new programs,? says Tyson, who has tracked the offshoots of the corporate premise that a healthy worker is absent fewer days, back from hospitalization quicker and represents an annual $1,000 savings to his employer. In more mundane areas, the person practicing a healthful lifestyle is less apt to smoke, less likely to abuse alcohol or drugs and more likely to use seat belts.

At first glance it would seem America?s 18-to-22 age group would least need a fitness program and a fitness certificate as a sales tool to a corporation focusing on health care cost containment. However, in the education profession, the in-house jargon contains the expressions, ?The Freshman-Five,? ?The Freshman-10? and ?The Freshman-15? to identify the individual who is 1) a freshman and 2) beginning to show varying degrees of ?spare tire? around the middle.

?They?re away from home for the first time, they?re learning to drink beer, they?re not eating well, and they?re keeping irregular hours,? points out Bowers, who continues, ?Many recognize the situation and get in shape. Others don?t, and many of them flunk out.?

The ?coping with college? problem is often dealt with by colleges and universities with special orientation programs such as The Freshman Year Experience with attention to physical fitness as part of the curriculum. In terms of productivity, physical fitness is surely one contributor to at least one unpleasant college statistic. The number of students requiring one or more additional semesters to reach degree requirements is growing steadily. Many school catalogs now include breakdown costs based on a four-year and a more-than-four-year time period.

Most of mishaps happen at work or home so it?s extremely important to become ready and to care for your family, friends, children. Take appropriate, safe?industrial first aid kits?from a wide assortment of specialize first aid supplies.

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Source: http://www.cwsmithsonian.org/fit-for-hire-part-2.html

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Chiefs Coach Hints Brandon Flowers Could Be Game-Time Decision

Kansas City Chiefs head coach Romeo Crennel wasn't definitive about who will or won't play in Sunday's season opener against the Atlanta Falcons but he offered up some hints.

Crennel said it would be "tough" for some of the guys who haven't practiced to play. Those players include Kendrick Lewis, Allen Bailey and Anthony Toribio.

Crennel was asked about when he'll have to decide on Brandon Flowers' status and he said, "Maybe Sunday about an hour and a half before the game. That's the cut-down date, an hour and a half before the game. I've got to turn in the inactive list, so I have until then to decide."

Looks like that's probably what this is coming down to -- game-time decision. That makes a lot of sense considering Flowers has been out for so long and his status is still in limbo.

He was limited on Wednesday and Crennel indicated he would be limited in practice today. I would guess he's also limited on Friday and listed as questionable for the game.

Today's official injury report should be out soon.

Source: http://www.arrowheadpride.com/2012/9/6/3298151/brandon-flowers-injury-status-chiefs-falcons-week-1

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