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Q:
GDB step by step debugging of two threads
I have a c++ program running two threads. thread A and thread B. is there a way to do step by step debugging of both threads in GDB? steps should be something like this:
Stop Threads A & B
Switch to thread A. continue one step.
Switch to thread B. continue two steps.
A:
Use the gdb commands "info threads" to see all the threads of the process, then use command "thread thread-id" top switch to whichever thread you want.
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"Previously on "How To Get Away With Murder"..." "Spell it." " Laurel:" "Who's that?" " Connor:" "That is Levi," "Michaela's new boyfriend." "You're "Eggs."" "[Strained] No." "Rebecca's Eggs." " You're her foster brother?" " Yeah." "Stay away from Michaela, or I tell her who you are." " I'm done." " Trotter Lake, Asher." "Shut up with that!" "[Cellphone chiming]" "It's her, right... who you've been seeing?" "You show up late for dates." "You're constantly on your phone." "I met her in the library." "It's probably better, considering we work together." " Dad, I'm in trouble." " What's wrong, Ash?" "It's about Tiffany." "Annalise:" "Where are they?" "I'll tell you if you just give me a chance to." "I don't have time for that." " Caleb:" "What's going on?" " Why don't you two tell me?" "I've known Caleb and Catherine their entire lives." "They're guilty, Ms. Keating." "So at the time of your first sexual encounter with Mr. Lahey, were you aware that his wife had just been diagnosed with stage-four ovarian cancer?" "Hi." "I miss you." "I need more time." "I'm in." "Connor:" "She's dying." "She's... she's dying!" "She's dying!" "[Gasping]" "Wes:" "Car!" "Was that a cop?" "The hell are you doing?" "!" "Get in the car!" " [Siren walls] - [Indistinct shouting]" "Starting a 16-gauge I.V." "All right, lungs are clear." "Need another blood set for a second I.V. and a B.V.M." " Got it." " I.V." "Lifting on 3. 1, 2, 3." "Blood pressure... 70 over palp." "Pulse is thready." "Watch your backs." "Feels tachycardic." "I'm seeing some J.V.D." "Don't touch the body." "We got a body." "Okay, you're clear." "Might have to do a needle thoracotomy." "Need to get an E.T. tube right away." " She's got diminished respirations." "Chest is clear." " We're in." "Equal breath sounds, but respiratory effort decreasing." "Man:" "Unit 22 is at 536 Charter Lane with two female victims, one deceased." " The other is unstable." " Trauma alert." " What did they just say?" " I heard "deceased."" "If you shut up, we can hear it." " [Cellphone ringing]" " It's me." "It's me." "What do I do?" " Nothing!" " D... don't answer it." " Well, she can't just ignore it!" " Shut up!" "Answer it." "Act normal." "No one make a sound." "Are you sure?" "Yes." "[Ringing continues]" "You got this." "[Beep]" "Hi." "Yeah." "Everything's fine." "[Tires squeal]" "[Siren walls]" "You stay with me, ma'am." "Ma'am?" " [Flatline]" " We've got flatline." "Paddles." "Charge to 300." " [Paddles whine]" " Charging." " Clear?" " Clear." "[Flatline]" " Charge to 360." " Charging." " Clear?" " Clear." "_" "[Cellphone ringing]" "[Gasping]" "[Beep]" "Hello?" "Nate?" "Woman:" "No." "Is this Annalise?" "Who is this?" "Nia Lahey." "Nate's wife." "♪" "[Monitors beeping]" "[Indistinct talking over P.A.]" "He already left for work." "Sit." "♪" "[Chair scrapes]" "I was afraid to come." "I'm..." "I'm not a woman who gets afraid." "I know." "I'd be scared, too." "I've thought about you a lot." "I've thought, "what kind of woman could be with a man when his wife is dying?"" "That's not a judgment." "I admire your strength." "Do you love him?" "Uh..." "I don't know how to answer that." "Then say "yes."" "I need you to love him, Annalise." "They keep pumping me full of drugs and radiation, signing me up for trials." "The miracle of modern medicine can keep me alive for years, but... this is not living." "I mean, not for me." "Definitely not for Nate." "I want you to do a favor for me, Annalise." "I want you to help me end it." " I'm sorry?" " I want you to kill me." "[Echoing] Is this Annalise?" "I want you to do a favor for me." "Do you love him?" " I'm sorry?" " I want you to kill me." "Bonnie:" "Annalise." "There you are." "Zoe:" "Rachel was my best friend." "We had this plan that we were gonna go to college together, be bridesmaids at each other's weddings." "Rachel's dad and I used to joke" " that maybe they'd marry each other." " Lisa:" "Tom." "I just want them to know the real Zoe, that what happened isn't her..." "We know it's hard, Mr. Mitchell, but we may need Zoe to do this in court, too, so..." "Go on." "You're doing good." "Last year, when we started school," "Rachel and I started hanging out with Molly and Megan." "And it was fun at first." "They were really popular, and we liked that they noticed us." "But then Rachel started talking to Molly's boyfriend." "And Molly said it first, she said that we had to teach Rachel a lesson." "And I thought that she was just joking, that we were gonna, you know, like, take her into the woods and scare her, but..." "[Sobs]" "I should have stopped them." "And I know that." "But I was scared." "But..." "They made me do it. [Sniffles]" "They made me kill my best friend." "Any of us are capable of what Zoe did." "We'd like to think that we have self-control and free will." "But under the right circumstances, any of us can become a killer." "The prosecution wants you to believe that Molly Bartlett and Megan Harris were brainwashed by my client." "The D.A. even made a plea deal with them so they'd testify against Zoe." "But the truth is," "Megan and Molly are the ones responsible here." "They used their social clout to recruit Zoe, an impressionable girl, into their very own murder club." "Doesn't this all sound familiar?" "Kaplan:" "Zoe Mitchell is not a victim here." "She's the ringleader, orchestrating the cold-blooded murder of Rachel Glasser." "It was Zoe who wanted this girl dead." "Zoe Was roped into a sick revenge plot over a boy." "And in that moment, she lost herself, forgot who she was." "And then Bullied Molly and Megan into luring Rachel into the woods behind their school to kill her." "Together, they stabbed her not once..." "Not twice..." "But 52 times." "Zoe wishes she could take it all back, return to the days when it was just her and her best friend, Rachel." "Before she met the bad influences who'd ruin her life." "Kaplan:" "What kind of person kills their best friend?" "A sociopath, that's who, because that's what Zoe Mitchell is... a conniving, remorseless Innocent girl who doesn't deserve jail." "Instead, she needs to be placed in a psychiatric facility where she can get the help that she needs." "So please consider this fragile, susceptible teenager and remember..." "She could be your child, too." "Michaela:" "Well, I guess they look normal." "Laurel:" "Just because they're smiling doesn't mean they don't want to kill each other." "Hmm, said the girl who clearly wasn't popular in high school." " Who says I wasn't?" " [Scoffs]" "Please." "Connor:" "Can we stop "Mean Girling"" "and talk about how Annalise's opening was literally a step-by-step of what she did to us?" "All she did was protect us when she didn't need to." "She did need to, to protect herself." " You're an ingrate." " No, wait, okay." "Let's hear your case." "Okay, fine." "She uses bullying and public humiliation in class, one." "Two, she keeps us trapped in her world so the only thing that we care about are her needs." "Three, we work for her day and night so we never get to sleep." "Four, she creates this... this cult of superiority, the... the K5, which makes us feel special just to be around her, which pits us against each other." "I... i... it's brainwashing 101." " Then quit." " He can't." "It's like the mob... they kill you if you try to leave." "Yeah, exactly." "And she'd probably have her little puppy do it." "[Door opens]" "The prosecution shrink, Dr. Healy, is gonna take the stand later today, and he's gonna make Zoe out to be the ringleader." "So I need you to go through all of his old case files, find screw-ups with past patients." " I need something by 3:00." " That's in two hours." "So?" "You have something better to do?" "No, but there's just four of us, since Asher didn't show..." "Actually, now three." "Miss Pratt, I have a special assignment for you." "♪" "Does anyone feel jealous and suddenly motivated?" "You're gonna prep Catherine and Caleb to take the stand." "Oh, really?" "I didn't even know you wanted them to testify." "I don't, but I need to know if they're screwing, so see if you can get one of them to admit it." "Uh, you mean trick them?" "Is that a problem?" "No, just..." "Why me?" "Normally, it would be Bonnie or Wes you would send..." " Should it be Bonnie?" " No, no, no." " I..." "I'll go right now." " You're smart, Michaela." " That's why." " Thank..." "And you've got boobs." "A brother not screwing his sister should respond to them." "Bonnie:" "Where are you?" "Asher: [Coughing] Sick." "I got hit with this... [clears throat]" " ... fricking ninja virus." " Are you avoiding me?" "Because I'm a big girl, and I can handle being dumped." "No." "No, I just..." "I don't want to get anyone else sick." " [Coughs]" " Fine." "Just know the longer you're out, the more work for everyone else." "Get better." "[Beep]" "♪" "You feeling okay?" "Yeah." "Yeah, just, uh... nerves." "That's normal." "I'm gonna be there to make sure you're protected." "[Door opens]" "Gentlemen, are we ready to make this deal?" "We are." "Michaela:" "Stop it." "I just called to say hi." "Levi:" "And I'm asking you to say it." " I can't." "I'm at my clients'." " Aw, that's a cop-out." "I'm starting to feel a bit played here, to be honest." "You let me get a taste." "Then you leave me high and dry for days." "Fine." "I'll say it." "Spank me, Daddy." "Huh?" "I couldn't hear you." "Oh..." "Spank me, Daddy." "Louder, woman." "[Laughs] Spank me, Daddy!" " Wow." " Oh!" "Uh, I'll call you later." " [Beep]" " Caleb, hi." "Annalise sent me to start..." "To start my trial prep." "I know." "You're a lawyer?" "Not yet." "I'm one of her students." "So my life's in the hands of someone who knows as much about the law as I do?" "Great." "Kaplan:" "Dr. Healy, what can you tell us about psychopathy, which you've spent your entire career studying?" "My research has shown that an everyday high-school clique can take on the characteristics of a cult." "Take columbine, for instance." "Eric Harris was a psychopath who manipulated the weaker-willed Dylan Klebold into committing murder." "Like Harris, I believe the defendant has antisocial personality disorder with prominent narcissistic" " and sadistic traits." "Zoe then used..." " Nia:" "I want you to do a favor for me, Annalise." "I want you to kill me." "This is inappropriate." "Just get me the pills." "You wouldn't be killing me." "I would do that myself." "It's called secobarbital." "I take it, and I'm asleep, just like that." "No." "That's..." "I'm not a drug dealer." "But that guy you have working for you, he has access, right?" "The one you used to frame Nate." "[Monitor beeps]" "You owe me this, Annalise." "For sleeping with my husband... that's bad enough." "But really, for what you put him through." "He had to go through that trial alone." "He had to sit in that courtroom alone, because I couldn't be there." "You did that." "Listen, I can't imagine what you're feeling right now." "Exactly." "So you don't get to say no." "Oh, please." "Please." "Nobody will help me." "The nurses, they're all on Nate's team, but you..." "You owe me this." "[Breathes deeply]" "Judge:" "Does that sound fair to you, Ms. Keating?" "Ms. Keating." "[Indistinct whispering]" "I'm sorry, Your Honor." "Would you like a recess before your cross of Dr. Healy?" "That sounds great." "We'll resume in 15." "[Gavel bangs]" " Everything okay?" " Yeah." "Why wouldn't it be?" "Frank..." "I need your help." "I can't go anywhere." "I'm at work." "Levi:" "So?" "You got more important things on your plate." "I've got to get out of this dump of an apartment." "Okay, the guy who sleeps in his car doesn't get to rip on my apartment." "Whatever." "Just give me the name of this cop." "I'll go find out what he knows." "He doesn't even know you exist." "Then tell him." " I can't." "What..." " [Door opens]" "Did you find any dirt on our expert?" "I think so." "In 2009, he had a 15-year-old patient named Tyler Douglas." "Dr. Healy was treating him for schizophrenia in the hospital, but decided to release him back to his parents' care" " in time for..." " Christmas, which is when Tyler put padlocks on all the bedroom doors in his family's house and lit the Christmas tree on fire, thereby killing his parents and 1-year-old sister." "This was after you gave him a complete remission diagnosis." " Isn't that right?" " [Sighs]" "You managed to find the most difficult case in my career." "Difficult because your misdiagnosis led to the death of three people?" "Objection, Your Honor." "Assumes facts not in evidence." "Withdrawn." "Given the subjective nature of your field, Dr. Healy, is it possible that you've given Zoe Mitchell the wrong diagnosis?" "Objection, Your Honor." "Outside the scope of direct." "This is an expert giving an opinion within the scope of his expertise." "What I do..." "It's not an exact science, so of course it's possible." "Seems a shame to persecute an innocent girl based on a hunch." " Your Honor." " Relax." "No further questions." "[Murmuring]" "Annalise strikes again." "Nothing like burning babies when you want to sway the jury." " Wes, where are you going?" " We did our job." "I did that job, and Annalise is gonna notice if you leave." "Let her." "[Indistinct conversation]" "Oh, crap." "[Clicking]" "Hey." "What did they say to you?" "Nothing." "You can tell me." "If they were bullying you, it could help our case." "They just said that I'm a slut." "It's fine, and... it's kind of true." "No, it's not fine." "That's how people get in your head." "You don't know what you're talking about." "Uh..." "Actually, uh, I do." "Look, we've all had people in our lives that... that make us do bad stuff." "Like stabbing your best friend a million times while she begs you to stop?" "Zoe, your mom." "Projecting onto the sociopath much?" "She's not a sociopath." "Or so she says." "♪" "Nate:" "You can't be here." "Just tell me what you found out." "I will when there's something to know." "Right now, I'm spending time with my sick wife." "Rebecca's dead." "Maybe she wasn't my wife, but now she's dead." "So I'm sorry, but I can't just wait for you to make time to deal with this." "Please, Nate, just tell me what you know." "Frank made three calls the night Rebecca disappeared." "To who?" "Does it matter?" "No, I..." "I'm not gonna tell anyone." "[Door closes]" "Her name's Sabrina Mancini." "Nice work." "I'm all over it." "Wait." "Wait!" "[Sighs]" "[Siren walls in distance]" "Just find out who she is." "Okay?" "Nate will kill me if he finds out about you." "Are you sure you trust this guy?" "Yeah." "He wants the same things we do." "You mean to kill Annalise?" "Just find out who she is, nothing more." "Relax." "I'll be good." "Michaela:" "You and Catherine slept through the entire night of the murder?" " Yes." " Even with your parents being beaten and shot in your own home?" "Our home is over 30,000 square feet." "You're elaborating." "Don't do that." "Yes." "I slept through the entire night." "And is your bedroom close to your sister's?" "Yes." "Do you ever visit each other in the middle of the night?" "Why don't you just flat-out ask me if I'm screwing her?" "No... that's not what... this is all a routine part of tr..." "'Cause the answer is yes." "We're in love." "Have been ever since we were kids." "We're actually planning on getting married as soon as the inheritance comes in." "This is a hard process." "I understand that." "You understand nothing." "I was 6 when they adopted me." "Everybody wanted babies little white babies." "But my parents chose me." "And now the whole world thinks I killed them." "Why?" "Because I look different than them?" "Okay." "That's a little bit "victimy," don't you think?" "No, but that was a little bit bitchy." "Excuse me?" "I'm your client." "You work for me." "Exactly." "I'm on your side here." "No one's on our side." "That's the only thing I know at this point." "I'm adopted." "Not to a family of billionaires, but let's just say they're people I don't really relate to." "So, yes, maybe I don't understand about everything you're going through, but I understand much more than you think." " I'm sorry..." " It's okay." "... but that's bull." "You haven't been accused of murder." "And, yeah, maybe I need to suck it up..." "Be strong." "But what's happening to me, what's happening to Catherine, it's not okay." "Caleb?" "Is everything all right?" "♪" "Molly's gonna take the stand to testify tomorrow." "So she can tell all the lies she wants about Zoe." "Lovely." "Don't worry, I know how to take down a teenager." "Dad, I can't find my phone." " Well, use mine." " No, no, no." "Don't give her yours." "Zoe, go and find yours." " This is the fourth one you've had." "Go and find it..." " [ringing]" " [Cellphone vibrating]" " Bill:" "I'm not letting my son be your informant until he has full immunity." "Sinclair:" "Let's not overplay our hand here, Judge." "After all, the only reason we're here is because of what happened to an innocent girl." "We're not here because of Tiffany Howard." "We're here because Annalise Keating is a criminal who finally needs to be stopped." "Asher:" "Yo, what's up?" "Asher-ony McHorny here." "Leave me a message. [Beep]" "Hey." "I need to know if you're coming into work tomorrow." " Call me back." " [Beep]" "Frank..." "That guy who traces phones, can you have him call me?" "No way." "I'm not gonna let you become the crazy ex who stalks Doucheface." "Not even if I tell you what Laurel said about you when we had drinks the other night?" "You two had drinks?" "Yep." "I think she's falling for you." "She said that?" "No, but now I know you're falling for her." "Okay, now you're the doucheface." "Just have your guy call me." "[Laurel speaking Spanish]" "[Door closes]" "What's the verdict?" "Is Caleb diddling sissy?" "I don't think so." " Why not?" " I don't know... he just... he seems more normal than I thought." "Are you into him?" " Into who?" " No one." " Caleb." " Go for it." "Look at all the fun we got out of Wes dating Rebecca." "Okay, you're all sick in the head, and I have a boyfriend, thank you very much." "What, are you and Dirty Levi already exclusive?" "No, I mean, no, we haven't officially had that conversation yet, but we're enjoying each other's company." "Let's just say that." "Stay away from Michaela, or I tell her who you are." "Deal." "Connor:" "Naked company, I hope." "Where are you going now?" "My torts study group is meeting tonight." "Miss Pratt, what did you find out?" "Uh, nothing definitive yet." " What's the matter?" " [Door closes]" "You don't know how to use your boobs?" " [Door closes]" " I told you to stay away from her." "Calm down." "I'm not gonna hurt her." "I trusted you, lied to Nate for you." "Maybe you shouldn't have." "Look, somebody in that house killed my sister, so, yeah, I'm gonna lie to people if that means finding out who did it." "Rebecca lied to me." "Over and over." "And I kept believing her." "I can't be around people like that anymore." "Get the hell out." "Dude." "Just leave." "Look, I found the lady Frank called." "Sabrina Mancini." "You want to know who she is?" "[Knocking on door]" " I stole Zoe's phone." " What?" "I think she's a sociopath." "You stole our client's phone you're the sociopath." "Yeah, but I've been watching her, and she's on her phone all of the time." "She's 16." "That's what they do." "Yeah, but I didn't buy that sob story, so I just took her phone when she wasn't looking, and I called my cousin, you know, the 15-year-old, and she told me about "H.A.S."" " Hidden Away Safe." " What are you talking about?" "Okay, it's this app that kids use to hide stuff from their parents." "The little icon looks like this calculator, so that no one would think to look at it." " And what do I care?" " Look." "Stop it!" "Why are you doing this to me?" "!" "[Zoe laughs]" "Okay, now squeal like a little piggy like Rachel did." "Megan:" "Yeah, little fat piggy bitch." "[Laughter]" "[Grunting] Aah!" "Stop!" "Ow!" "I want my mommy!" "[Imitating gagging]" "Oh, my gosh." "You know, we should do it again." "What?" "Yeah, what are you talking about?" "You know, like, kill someone." "Like Mrs. Collins?" "You know, she gave me a "C," so we should carve a "C" into her forehead right before we gut her." "You know, we should do it again." " Megan:" "What?" " Yeah, what are you talking about?" "You know, like, kill someone." "Like Mrs. Collins?" "You know, she gave me a "C," so we should carve a "C" into her forehead right before we gut her." "Stop it." "Please." "That's not..." "She doesn't know what she's saying." "They made Zoe do this." "[Sniffs] No one can see this." "Get rid of it." "Of course." " We're what?" " Burying the footage so we win the case." "But she's a violent killer who wants to violently kill again." "You're the one that was all "poor Zoe" yesterday..." "Yeah, well, that was before we knew she was mental." "Our job, Mr. Walsh, is to defend our client against the crime for which she's charged, not a hypothetical future crime." "But she's dangerous, and she's good at it." " I mean, the video is proof." " Proof of what?" "That teenage girls can be stupid and pretend for each other?" "We swore an oath to mount a vigorous defense, and, yes, that includes winning." "So stop being so damn sensitive and get on board." "Are there any other copies?" "No, just the one on her phone." "Good, delete any record of them anywhere, especially the damn cloud worst thing ever invented." "Hang on a sec." "Of course she doesn't care." "I mean, she's a psychopath, too." "We've represented worse people than that, Connor." "You... you sound just like her." "Just know that all these ideas in your head, they're hers." "Do you actually think that murdering someone is not a big deal anymore?" "Who's next on our hit list, the Dean?" "He's a wise-ass." "Here." "Thank you." "Should I be worried?" "No." "Go be nosey somewhere else." "Catherine:" "I take a sleeping pill every night." "Insomnia." "So it's pretty normal for me to sleep through the night." "That's your excuse for not hearing those gunshots that night?" "It's not an excuse, but the truth." "You're quick on your feet." "That's good." " When you woke up the next morning..." " Do you like him?" "Caleb?" "Girls like him." "I mean, the money helps, but he looks like he looks, and I wouldn't be surprised if you had a crush." "I don't have a crush." "He's our client, and that would be inappropriate." "You can't control a crush, though." "Are you deflecting because you're afraid" "I'm gonna find out you're in love with your brother?" "You actually think it's possible to grow up in a house like this, with people working behind every corner, and get away with screwing your brother?" "According to your house manager, you didn't get away with it." "Something that perverse should never be private." "They're guilty." "Fine." "Let's just put this to bed once and for all." "You really want to know the truth?" "Kaplan:" "Molly, did you ever feel bullied by Zoe?" "Yes, she would be really nice one minute, then can turn on you the next." "She seemed to like scaring people." "And do you remember what you said when I first asked you to testify?" "I said I wouldn't do it" " 'cause Zoe would try to kill me if I did." " Objection." "This is a speculation of a young girl desperate to pass blame." "Sustained." "Molly, isn't it true that you and your friends like to record videos of yourselves?" "Yes, we recorded everything." "Your Honor, I would like to introduce into evidence a video taken just days after Rachel's murder." "Annalise:" "Objection." "This video wasn't in discovery." "That's true, because my witness is so terrified of Zoe Mitchell that she didn't tell me about the video until this morning." " The timing of this is very convenient, Your Honor." " I agree." "Young lady, why didn't you tell anyone about this video before?" "Honestly, I thought it would make me look guilty if I did." "Stop it!" "Why are you doing this to me?" "!" "[Zoe laughs]" "Okay, now squeal like a little piggy like Rachel did." "Megan:" "Yeah, little fat piggy bitch." "[Laughter]" " [Zoe grunting]" " Molly:" "Aah!" "Stop!" "Ow!" "I want my mommy!" "Lisa:" "You said they'd never see it!" "Molly must have had a copy, too." " That's no excuse!" " Calm down." "Calm down." "People say you're the best." "But from what I've seen, you're distracted, unprepared." " The case isn't over yet." " It might as well be." "I put my baby's life in your hands." "So if I lose her, it's on you." "Fix it." "You all right?" "We shouldn't be seen together." "I know." "Nice to see you, though." "I saw Nia, Nate." "When?" "The other morning, she called me on your phone." "Why?" "She wanted to talk." "Why?" "Nia:" "The nurses, they're all on Nate's team, but you..." "You owe me this." "No." "If... if I owe anyone, it's Nate." "Do it for him." "Free him." "Because as long as I'm alive, he's in pain." "Oh, god." "He loves you." "Yes, but he's not happy." "That's why I told him to keep seeing you." "You let him forget... me and this hospital... but then you destroyed him." "[Monitors beeping]" "You think this is gonna help him?" "God, if you can't do this for me, if you can't do this for him, just... just do it for yourself." "I don't care." "Just be a good person for once and get me the pills." "♪" "I'm not promising anything." "Annalise." "Don't tell Nate." "She's worried about you." "That's all." "I'm sorry." "She shouldn't have done that." "It's okay." "I'm glad she did." "She wants the best for you." "[laughter]" "Zoe:" "I'll bet she's sorry now." "That will teach her to steal your boyfriend, right?" "Yeah." "Skanks get shanked." "Skanks get shanked." "Bam." "[Clicking]" "Yeah." "Skanks get shanked." "Skanks get shanked." "Bam." "[Laughter]" "Annalise:" "Molly, isn't it true that you were the only one with motive to kill Rachel?" "I mean, she did steal your boyfriend, after all." "She was talking to him, yes, but..." "Let's look at the video again." "That will teach her to steal your boyfriend, right?" "Yeah." "Skanks get shanked." "Skanks get shan..." "So, is the skank you're referring to in the video Rachel?" " Yes." " So when you say "skanks get shanked,"" "Zoe copies what you say." "She did that a lot, didn't she?" "I don't know what you mean." "I mean right here." "You're leading, and she's following." "Yeah." "Skanks get shanked." "Skanks get shanked." "Bam." "[Laughter]" "It looks to me that she's mirroring your behavior, isn't she?" "I mean, look at her body language." "She's literally looking to you to see what to do next." "Because she's afraid of you, isn't she?" "It wasn't like that." "We didn't even like Zoe." "We only hung out with her because she was Rachel's friend." " That's not true." " Shh." "So Zoe would hang out with you because you were the popular one?" " I don't know." " Objection." "Speculation." "I'm asking the witness if she forced Zoe into her clique, Your Honor." "I didn't, though." "Zoe forced her way in." " So you're admitting you had a clique." " That's a lie." "She wanted to be friends with me." " Zoe." " Which means that it was up to you and you alone, Molly, whether she was allowed in." "I told you, we liked Rachel, not Zoe." "Then why did you decide Rachel had to die?" "Control Ms. Keating, Your Honor." "I don't know why!" "All I know is that Zoe forced herself onto us, and then everything was awful after that!" "You're a liar!" "You were nothing until you met me, just some stuck-up bitch until I made you interesting!" "Counselor, get your client under control." "You think that you're anything without me?" "!" "You are nothing!" "You're just some basic bitch who better watch her back!" "That's right!" "You're next, whore!" "♪" "You were supposed to fix this, but instead you let her get up there and tell lies about me!" "Tom:" "Zoe, stop it!" "I hate you." "And you." "I hate you all." "Annalise:" "You slipped them that video." "I'm not sorry that I did it." "I would do it again, too." "Even if that means you lose." "You actually think that murdering someone is not a big deal anymore?" "Who's next on our hit list, the Dean?" "What is your problem, Mr. Walsh?" "Are you unhappy?" "Do you want to leave?" " I can't leave." " Door is right there." "Yeah, and you would send Frank to kill me on my way out." "Don't get confused." "You're the only killer in this room." "I did not kill anyone." "You killed my husband." "No, Wes killed your husband." "And he only did it because you messed with his head." "How dare you put that on me." "I protected you even when I didn't have to out of the kindness of my heart, and I'm still protecting you every damn day." "So don't believe that crock of defense I spun in court." "That was just an easy out so the jury could have someone to blame." "But that's not what's happening here." "You made this life for yourself, Mr. Walsh, not me." "No, Zoe would have killed again, and I cannot deal with any more blood on my hands." "♪" "You know where else there's blood?" "My husband's, to be specific?" "Your car." "Connor:" "Maybe Sam knows." "I mean, he's lived here the longest, right?" "What, any ideas, pal?" "Laurel said that Frank got rid of it." " My car was stolen." " Bummer." "Good work with Connor's car." "You stole it." "That's a lie." "Make me out to be the villain if that helps you sleep at night." "But don't you ever screw with my cases." "[Knocking on door]" "Come in." "Oh, sorry." "I didn't mean to..." "Mr. Walsh was just leaving." "What is it?" "Good news..." "Catherine's a virgin." "Well." "Finally, something that we can prove." "Caleb:" "This is so weird." "You get that, right?" "How weird this is?" "I do, but I'd be a horrible lawyer if I didn't advise Catherine to take this step." "Okay, but is there even a test to prove this?" "Seriously." "She grew up riding horses." "Maybe it won't work, but if there's a chance I can put a doctor on the stand to say that Catherine is a virgin, then I can cast doubt on the incest rumors, thereby weakening the prosecution's case." "It's up to you, Catherine." "I have other ways to win this, but..." " I'll do it." " Cat." " You need to think about this." " If it helps us win, they can run as many tests on me as they want." "[Dirty South's "The Unknown" plays]" "Let's do it." "Call the doctor right now." "[Sighs]" "♪ Head shaking ♪" "♪ heart racing ♪" "♪ thick fear is all around ♪" "I told you to use your boobs, not your heart." "What?" " ♪ A wall of darkness ♪" " You know what I'm talking about." " Put 'em away." " ♪ You've thrown at me ♪" "We're done with them." " ♪ A life I've left behind ♪ - [Thud]" "Am I an idiot if I believe they didn't do it?" "No." "It just means you still want to see the best in people." "Hold onto that if you can." "♪ Reeling back on this journey ♪" "Hi." "♪ Ooh ♪" "I passed." "♪ Ooh-ooh, ooh-ooh, ooh ♪" "♪ dive deep into the unknown ♪" "Levi:" "I'm staking out Sabrina's place, and I see this guy coming and going." "It's her brother, Bruno, who... turns out..." "Frank went to high school with." "Why did Frank call Bruno?" "'Cause he needed help dumping Rebecca's body, and Bruno..." "[Brakes squeal] ... works here." "♪ Ooh ♪" "♪ ooh-ooh, ooh-ooh, ooh ♪" "♪ I know ♪" "♪ oh, oh ♪" "♪ ooh-ooh, ooh-ooh, ooh ♪" "Thank you." "Should I be worried?" "This is inappropriate." "Nia:" "Do you love him?" "I want you to help me end it." "Just get me the pills." "You wouldn't be killing me." "But that guy you have working for you, he has access, right?" "The one you used to frame Nate." "She wants the best for you." "You owe me this, Annalise." "You let him forget." "But then you destroyed him." "Be a good person for once." "[Monitor beeping]" "I think about it a lot." "Killing myself." "I have ever since I was a child." "A lot of times, I think the world would be a much better place without me in it." "But I don't do it." "You're a better woman than me." "And if I don't deserve to die, then you definitely don't." "I'm sorry you feel alone in your pain, but so do I." "So does everybody." "That's life." "I really thought you'd do it." "I mean, you've killed before." "Sam." "I'm not the woman you think I am." "I'm sorry I can't help you." "[Leon Else's "Tomorrow Land" plays]" "♪ Light after dark ♪" "I'll call the judge and have him sign the deal first thing in the morning." " Call me with any problems." " There won't be." "Cheer up." "You'll testify tomorrow and be home in time to play beer pong with your buddies." "♪ As I walk to tomorrow land ♪ [sighs]" "Good night." "♪ Touch the light before ♪" "♪ we all fall down ♪ [sighs]" "Thank you, Dad." "Okay." "♪ We all fall down ♪ [car door opens, closes]" "[Engine turns over]" "♪ We all fall down ♪" "♪ we all fall down ♪" "♪ oh, ho ♪" "Hi." "That guy who traces phones, can you have him call me?" "Why are you doing this?" "Sinclair knows that Annalise got Nate to murder Sam, and s... so do I." "And I know that you and Frank are helping her cover it up, and don't say it's not true, because I work in that house, too." "The whispers, Frank being shady all the time, the three of you hiding stuff from us..." "I'm not dumb, Bon." "And..." "It's not right." " You're wrong." " No, she should pay for what she did." "And you can call me a snitch or a liar or whatever you want..." "I killed him, Asher." "♪ We all fall down ♪" "What?" "I killed Sam." "♪ We all fall down ♪" "I know where Rebecca's body is." "Strathaven Cemetery." " ♪ We all fall down ♪" " That's where Sabrina Mancini's brother works." "He's the grounds keeper." "So that explains why Frank called three times" " the night Rebecca disappeared." " ♪ we all fall down ♪" "I didn't want to believe it at first." "But when we found out where Bruno works..." "Who's "we"?" "Levi." "He grew up with Rebecca." "You're such an idiot." "He's Rebecca's foster brother." "We can trust him." "Because that's what he told you?" "And you believed him?" "I'm putting everything on the line to help you... my badge, what's left of my rep... and you go off and sell it to some stranger?" "♪ We all fall down ♪" "And how do you know this guy didn't kill Rebecca and now he's playing you?" " You're a fool, Wes." " ♪ We all fall down ♪" " ♪ we all fall down ♪ - [Beeping]" "Man:" "Heart rate's increasing." "Pulse is diminishing." "I need four units of vasopressin." " Copy that." " ♪ We all fall down ♪ man:" "GSW patient's arrived at the hospital." "Marked hypertension with respiratory arrest." " I.V.'s running and wide open, but no..." " ♪ we all fall down ♪" "Well, that's great news, isn't it?" "Why don't we all just keep driving and find a cliff and we can all go out "Thelma Louise" style?" "It's gonna be fine." "You don't know that." "Maybe not." "But I do know worrying about things that are out of our control is the only way we get in trouble right now." "Really?" "I think killing someone is another way we can get in trouble." "Hey, the reason you're all gonna be okay..." "You got me." "I know what I'm doing." "So stop freaking out and focus on the plan." "Michaela, you ready to do this?" "And not screw up?" "Well, maybe if you all stop doubting me..." "Relax." "I got this." "♪ We all fall down ♪" "♪ we all fall down ♪" "So, who's up for a drink?" "♪ We all fall down ♪" "♪ we all fall down ♪" "♪ oh, ho ♪" "♪ mm-hmm-hmm-hmm ♪ [sighs]" "♪ Ahh ♪" "♪ ahh ♪" "How is she?" "♪ We all fall down ♪" "Good." "♪ We all fall down ♪"
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EXCLUSIVE Chelsea w Tons of Light Real Pics Gorgeous Courtyard View
This Amazing studio is perfectly place in ChelseaThis NYC apartment is a gorgeous private studio apartment in the prime of Manhattan living, Chelsea! With high ceilings, newly renovated cherry wood floors, tons of light, and AC included, this studio is ready to be your downtown home!Close to everything, subways, shopping, → Read More
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The virtual book release party for There Is No God And He Is Always With You (available at bookstores and Amazon, Barnes and Noble, or Indie Bound) is tomorrow at 6pm Pacific Time (9pm Eastern, 8pm Central, 7pm Mountain) at:
http://www.spreecast.com/events/there-is-no-god-release-party
Also, today (June 10, 2013) at 6pm Pacific Time I will be on The Dark Mark Show podcast. It’s at http://gocastnetwork.com/
LIVING ROOM TOUR OF THE NORTHEAST
– 19-June Toronto 7 p.m. Snow Lion Bookstore 708a Pape Avenue, Toronto, ON
– 20-June Ithaca, NY 7 p.m. Ulysses Philomathic Library 74 E. Main Street, Trumansburg, NY 14886 https://www.facebook.com/events/177703205728097/?ref=14
– 21-June Pittsburgh 7 p.m. Black Cat Tattoos 3419 Butler Street 15201 Pittsburgh, PA https://www.facebook.com/events/167000203473975/?ref=14
– 22-June Akron 7 p.m. Arkham Tattoo 788 North Main Street, Akron, OH 44310
– 22-June Akron 10 p.m. Zero Defex at Old Haunts Tavern 1527 E. Market St. Akron, OH
– 23-June Cleveland 6 pm zazen, 7pm talk 1360 W. Miner, Mayfield Hts, OH 44124 https://www.facebook.com/events/554215741287955/?ref=14
– 23-June Cleveland 10 p.m. Zero Defex at Now That’s Class 11213 Detroit Ave Cleveland, OH 44102
– 24-June Pitman, NJ 8 p.m. 519 Grandview Ave, Pitman, NJ 08071 https://www.facebook.com/events/535192329849584/?ref=14
– 25-June Philadelphia, PA 8 p.m. TBA
– 26-June Newark, Delaware 5:30 p.m. The Meadow (next to the co-op) 280 East Main Street, Market East Plaza, Newark, DE 19711
– 27-June Annapolis, Maryland 7 p.m. Universalist Unitarian Church of Annapolis 333 Dubois Rd, Annapolis, MD 21401 https://www.facebook.com/events/541018419278312/?ref=14
– 28-June Asbury Park, NJ 7 p.m. Pure Health Bar & Yoga 701 Cookman Ave Asbury Park, NJ
– 29-June Long Island, NY Clear Mountain Zen Center 519 Hempstead Ave., West Hempstead, NY 11553
UPAYA ZEN CENTER
– 10 July Upaya Zen Center 1404 Cerro Gordo Rd Santa Fe, NM 87501 http://www.upaya.org/index.php
RETREAT AT MT. BALDY
– Nov 8-11 We will hold another retreat at Mt. Baldy Zen Center. Details to follow soon.
All of these events are open to the public. I will be traveling alone, surviving on donations and book sales. So please come out if I’m in your area!
See you there!
* * *
My group Dogen Sangha Los Angeles is trying to raise funds to incorporate itself. You can donate here.
And I’m trying to raise personal funds to support myself too. You can donate to the tour in advance if you like right here!
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[new music roundup] 2.5.13
A few of my favorite new releases, including the latest from EELS, Frightened Rabbit, The Spinto Band, and Thao and The Get Down Stay Down. Oh, and My Bloody Valentine surprised us all with m b v, their LONG awaited follow up to 1991’s Loveless!! As always, be sure to visit Largehearted Boy more new music.
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BHBDR8.5-LNRG BHRDBT DRDG 8.5 LNE RNGR
Regular priceSale price
$ 8.99
Berkley paired its world-class bait design engineers with a team of pro-anglers which includes hard bait legend and expert, David Fritts, to simply create dream baits. These hard baits capture the essence and action of artfully handcrafted wooden baits with exactness and durability delivered in a synthetic bait.
Features:
- Body shape and weighted bill drive bait deep to stay in the strike zone longer- Tight subtle action proven best for deep water fish- Great casting and easy to crank for less fatigue all day fishing- Slow rise at pause
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Need Advice on Upgrading my Computer
Hello everyone !
I been thinking lately to upgrade my computer to fit for 3d creations and renders .
I want to be able to render faster and in the same time to still be able to work on my computer, like in Photoshop and browse the web without DAZ will eat all my memory .
here are some photos of the computer Information I have at the moment :
I was offered to add to my computer the fallowing :
Intel Ivy Bridge Core i7 3770K Socket 1155 8MB 3.5Ghz Tray
Scythe MUGEN 3 REV B
MSI Z77A-G43 Sata3 Usb3 VGA/DVI/HDMI
Seagate 1TB, 3.5", SATA3, Barracuda 7200.14
Gigabyte GTX660TI 2GB GDDR5 WINFORCE 3 RETAIL
Do You think with this upgrade from what I have now I will see any difference in render time and performance ?
Do I really need this Graphic Card? if Daz Studio Render in 3d light why do I need a strong graphic card at all ?
Is there a way for me to work better with the system I already have now ? if so how ?
Would love to hear some advice and feedback , thanks !
PC3.jpg
391 x 689 - 74K
PC2.jpg
532 x 792 - 122K
PC1.jpg
627 x 846 - 171K
Comments
Your Intel Core i5-2400 Processor (6M Cache, up to 3.40 GHz) has 4 cores and 4 threadshttp://ark.intel.com/products/52207
Intel Core i7-3770K Processor (8M Cache, up to 3.90 GHz) has also 4 cores but 8 threads and larger cachehttp://ark.intel.com/products/65523
Since the Daz Studio and Bryce can use all available threads on the processor
you will observe shorter rendering times with the new processor.
If you are not using rendering engines that use graphics processor like Reality, Lux or Octane,
then your current graphics card is just fine for Daz programs and Photoshop.
The i7 should handily outperform your current i5, but that alone won't stop Studio eating every CPU cycle it can grab, the only way I know to do that is to partition some of the processing power and set things up so one thread is not used by Studio (which I forget how to do offhand), the cost of that is Studio only being able to access 87.5% of available CPU power (on an 8-thread i7).
I presume the fan and motherboard are matched to the i7, but it might be worth looking into whether you can get an i7 to go with your current motherboard and save the expense of replacing that.
The 1TB hard drive won't do anything for your render times, I'd only consider it if you are running out of disk space.
The graphics card only makes sense if you are a serious gamer or if you have software able to use it for rendering, which Studio doesn't. It may make posing slightly smoother, but I certainly wouldn't pay £200+ (based on a quick google) just for that. It does raise questions as to whether whoever made the recommendations actually knows much about 3D rendering.
What's apparently absent from your list is memory. Rendering needs two things, CPU and RAM, if your renders are regularly consuming all of your RAM and needing textures to be paged into and off the hard drive, then throwing a much more powerful CPU at the problem won't actually reach its theoretical maximum processing power because the memory issues will be holding it back. How much memory you can actually use depends on your motherboard and your operating system.
If you are not using rendering engines that use graphics processor like Reality, Lux or Octane,
then your current graphics card is just fine for Daz programs and Photoshop.
so If I will want to use other programs like for example studio Max , blender , Maya or z brush do I need than to get also the graphic card?
if your renders are regularly consuming all of your RAM and needing textures to be paged into and off the hard drive, then throwing a much more powerful CPU at the problem won't actually reach its theoretical maximum processing power because the memory issues will be holding it back. How much memory you can actually use depends on your motherboard and your operating system.
Thanks for the respond . So if that the case I need to get a better motherboard that the one was offered? and what kind of operating system do I need? do you mean something other than windows 8?
I'm a little bit confused here - If my computer can use only up to 4 Ram even that it say I have 64 bit operating system what is the point in upgrading to core 7 from I core 5 ? - if that the case all I really need according to what you said only to upgrade my mother board and to make sure it goes with my Intel core i 5 ?
In what kind of operating system can you use more than 4 RAM if not in the 64 bit I have ?
I know it's probably really beginner questions but I want to understand all this things once and for all before I jump and buy stuff that will end up not to be what I needed.
So if that the case I need to get a better motherboard that the one was offered? and what kind of operating system do I need? do you mean something other than windows 8?
Win 8 64 will definitely handle all the RAM you can throw at it, IIRC its limit is 128GB for the basic version and 512GB for Pro. WRT motherboards, your existing motherboard may be able to take more than 8MB, for instance I just ran the scanner utility ( http://www.crucial.com/uk/systemscanner/ ) available at the Crucial website, which informs me my existing motherboard can handle up to 24GB of RAM.
I think you've got yourself a little confused regarding the RAM. The motherboard is a pretty solid choice (though I have a personal preference for Asus) the majority of motherboards have four RAM slots (only the socket 2011 motherboards have more - four or eight depending upon model) and in these slots you can insert up to 32GB (socket 2011 allows 64GB-96GB) with your 64bit OS. The only slight kicker here is that the software you run must also be 64bit otherwise it won't use it all, the software that you have mentioned though - 3DS Max, Maya and Zbrush (probably) all have 64bit versions and have done so for a while (as does Daz Studio) and will use as much as they need.
The CPU upgrade will only really pay dividends if you overclock it and it is what the K series are all about (hence why there's none K affixed CPUs out on the market and why K series have a slight price premium) as these chips are marketed at those of us who like to squeeze a little (or a lot) more performance out of the hardware you buy.
The GPU may be a tad overkill if you're not going to be using CUDA rendering or gaming, your 550 should work just fine. As far as the hard drive goes you might be better off keeping the hard drive that you have and investing in a 120GB SSD for the operating system and some key applications instead while installing the rest on the existing hard drive as this will see a much more noticeable performance jump (if you go down this route don't get an OCZ drive, I seen more complaints about their drives dying than any other brand).
In Blender you can use Cycles as a rendering engine and the latest version of Blender 2.64a support new Nvidia graphics cards,
like the one you listed: Gigabyte GTX660TI 2GB GDDR5 WINFORCE 3 RETAIL
I have made a rendering tests on the computer with the Nvidia GTX670 graphics card and when I enabled GPU in Cycles in Blender
the rendering times were about 5 times shorter than using only CPU for rendering.
If you are sure that you have 64-bit version of Windows 8Professional, then it should be no problem using all of your 8GB ram.
Of course you need to run the 64-bit version of the software (like Blender, Daz Studio) to access all ram available in your computer.
I think you've got yourself a little confused regarding the RAM. The motherboard is a pretty solid choice (though I have a personal preference for Asus) the majority of motherboards have four RAM slots (only the socket 2011 motherboards have more - four or eight depending upon model) and in these slots you can insert up to 32GB (socket 2011 allows 64GB-96GB) with your 64bit OS. The only slight kicker here is that the software you run must also be 64bit otherwise it won't use it all, the software that you have mentioned though - 3DS Max, Maya and Zbrush (probably) all have 64bit versions and have done so for a while (as does Daz Studio) and will use as much as they need.
The CPU upgrade will only really pay dividends if you overclock it and it is what the K series are all about (hence why there's none K affixed CPUs out on the market and why K series have a slight price premium) as these chips are marketed at those of us who like to squeeze a little (or a lot) more performance out of the hardware you buy.
The GPU may be a tad overkill if you're not going to be using CUDA rendering or gaming, your 550 should work just fine. As far as the hard drive goes you might be better off keeping the hard drive that you have and investing in a 120GB SSD for the operating system and some key applications instead while installing the rest on the existing hard drive as this will see a much more noticeable performance jump (if you go down this route don't get an OCZ drive, I seen more complaints about their drives dying than any other brand).
ok wow thank you so much that really organized my understanding about all of this :)
you really been a great help to me !
one last question for the socket 2011 motherboards and i core 7 do I need a better power supply ? I have :
A.PFC 550W FAN12 Ci-Power CWT
and do i also need a cooler ? I have at the moment Cold Bit 12CM - do I need a better one ? or something totally different?
I'd probably replace both to be on the safe side (I've never heard of either one) as the Ivy Bridge CPU range runs hotter than your Sandy Bridge based 2400 thanks to Intel skimping on the thermal paste that sits under the aluminium shield, the Scythe MUGEN 3 REV B that you posted should be sufficient to cool it.
The PSU really should be a known and well respected brand because if the PSU goes belly up it has the potential to take out your entire system.
I personally use OCZ (a 700W ModXtream modular PSU powering my six core 2011 i7 desktop) and Antec (my media centre, also modular) but there are others such as Seasonic, Corsair, Coolermaster and BeQuiet all of which are highly regarded and stable. Anything around 500W to 700W will give you a nice safe margin for future expansion plus PSU's operate at their most efficient with a 50-60% load.
In Blender you can use Cycles as a rendering engine and the latest version of Blender 2.64a support new Nvidia graphics cards,
like the one you listed: Gigabyte GTX660TI 2GB GDDR5 WINFORCE 3 RETAIL
I have made a rendering tests on the computer with the Nvidia GTX670 graphics card and when I enabled GPU in Cycles in Blender
the rendering times were about 5 times shorter than using only CPU for rendering.
If you are sure that you have 64-bit version of Windows 8Professional, then it should be no problem using all of your 8GB ram.
Of course you need to run the 64-bit version of the software (like Blender, Daz Studio) to access all ram available in your computer.
thank you for the comment - good to know that - I think this is the part I will save my money on and stay with the Card I have now- I will probably upgrade it in some point - but with graphic card i'ts probably the last think you will want to upgrade due to the fact a new better one comes out every few months - and mine was bought only one year ago or or so .
Happy to help .
I’d probably replace both to be on the safe side (I’ve never heard of either one) as the Ivy Bridge CPU range runs hotter than your Sandy Bridge based 2400 thanks to Intel skimping on the thermal paste that sits under the aluminium shield, the Scythe MUGEN 3 REV B that you posted should be sufficient to cool it.
The PSU really should be a known and well respected brand because if the PSU goes belly up it has the potential to take out your entire system.
I personally use OCZ (a 700W ModXtream modular PSU powering my six core 2011 i7 desktop) and Antec (my media centre, also modular) but there are others such as Seasonic, Corsair, Coolermaster and BeQuiet all of which are highly regarded and stable. Anything around 500W to 700W will give you a nice safe margin for future expansion plus PSU’s operate at their most efficient with a 50-60% load.
The fan is fine as the noise generated is something entirely personal, my desktop is still packing the built in fans that the case came with and it's acceptably quiet enough even after five or six years, certainly quieter than my media centre, when that;s on I can't hear my desktop fans (all six of them).
Can't complain with the rest of the system, almost exactly the same as mine :) the only difference is that I have a P9X79 Pro. Intel SSD's have a good reputation for reliability married with decent speed so no complaints there and Seasonic PSU's have well earned praise both are a safe bet.
If you want to go down the 2011 socket-esk route it might be wise to hold on for a tad as Intel are readying the successor to the 2011 platform. Most here will no doubt direct you to the 1155 platform, the Ivybridge CPU while running hotter than its equivalent Sandybridge breathen is on average 20% "faster" (does more work per clock cycle i.e. Mhz) and if you're not working professionally then the 3930K (the sweet spot of the 2011 platform) may be a tad overkill. Otherwise that there is the basis for a seriously buttock prodding system.
Speaking as someone who owns a 3930K I have to admit right now I'm rather thankful for the power I have (currently rendering an animation for a freelance project) though I could have done with more than the 16GB that I've got on the last freelance work I did... working on A0 posters at 300DPI made my new system chug a bit toward the end.
Just had a quick look see and apparently, according to various leaks, looks like it's been delayed to the second half of 2013 so prices for the 3930k haven't moved and I would suspect won't for a while yet. By all accounts the delay may mean that it may overlap the mainstream Haswell chips which may outperform the Ivybridge-E platform which could be a bit of an issue. I'd say that if you wait you'd never upgrade a PC again :) as there's always something better just around the corner (I'm looking forward to the first use of carbon nanotubes/graphene in a CPU).
So it is a case of either waiting, after all the system that you currently have isn't exactly a slouch though after having a closer look you are using the base chipset for Sandy/Ivybridge which doesn't help matters as it misses out on a few features and performance. Right now I'd go Ivybridge as you could get CPU, motherboard and the SSD for the cost of the 3930k alone then if the Haswell platform isn't all it is cut out to be and Ivybridge-E's successor looks like its going to still use the 2011 socket (which is anyone's guess) then you ebay the guts of your system to pay for an upgrade. Ivybridge won't disappoint in out and out performance.
As for the whole RAM usability thing (sorry just saw your post above) it's a case of having a look in the motherboards BIOS so see if it is registering the full amount, the next step is to enable memory remap, as far as I can tell anyway, I'll admit that I've never had this kind of issue myself having built various machines with 8GB and 16GB without a hiccup.
Typical isn't it? Awkward swines :) I knew 1366 had six but I've never seen a 2011 with six As far I knew 2011 only ever came with four, eight or twelve (that last one totalling a potential 96GB and an asking price of £560/$894) but not six. You live and learn.
Typical isn't it? Awkward swines :) I knew 1366 had six but I've never seen a 2011 with six As far I knew 2011 only ever came with four, eight or twelve (that last one totalling a potential 96GB and an asking price of £560/$894) but not six. You live and learn.
Slight confusion, mine is a 1366 - I was talking i7 motherboards in general. This is why my system currently has 6GB, can expand to 24GB, but is limited to 16GB by Vista Home Premium.
Well I missed that motherboard makers had upgraded the few socket 775 mobo left on the market with DDR3 controllers (at a discussion on another site) so I thought that I had missed one, it appears not :) (phew thought I had slipped up again :D ).
that board supports 32GB RAM
get as much RAM as you can at the same time from the same vendor when you get this device.
8 GB of RAM is no longer a lot of RAM especially when you render and especially since RAM is dirt cheap right now.
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Geography of Ottawa
This is the outline of the geography of the city of Ottawa, the capital of Canada. Ottawa's current borders were formed in 2001, when the former city of Ottawa amalgamated with the ten other municipalities within the former Regional Municipality of Ottawa–Carleton. Ottawa is now a single-tiered census division, home to 870,250 people.
The city centre is located at the confluence of the Ottawa and Rideau Rivers. The Ottawa River forms the entire northern boundary of the city which it shares with the province] of Quebec's municipalities of Pontiac and Gatineau. The northern boundary begins in the west at Arnprior and continues east to Rockland. The boundary then turns south in a straight line, separating the former Township of Cumberland (now in Ottawa) and the City of Clarence-Rockland. It then turns west in another straight line separating the former Township of Cumberland with the municipalities of The Nation and Russell. It then turns south separating Russell from the former Township of Osgoode (now in Ottawa). That boundary runs south in a straight line, then turns west separating Osgoode from the municipality of North Dundas. That boundary runs west in a straight line before turning north separating Osgoode from the municipality of North Grenville. This is another straight line, running north until the Rideau River near Kemptville. The boundary follows the river upstream until almost reaching Merrickville. The boundary then runs in a northwest direction in a straight line with a number of jogs. It separates the municipalities of Montague, Beckwith and Mississippi Mills from the former townships of Marlborough, Goulbourn, Huntley and Fitzroy.
Former townships
What is now Ottawa was once divided geographically into 11 townships. Ten of them in the former Carleton and one (Cumberland) in the former Russell County. The ten townships of Carleton were Fitzroy, Gloucester, Goulbourn, Huntley, March, Marlborough, Nepean, North Gower, Osgoode and Torbolton.
Physical geography
The highest point in the city is above sea level, and is located SSE of Manions Corners (). The lowest point in the city is the Ottawa River, at above sea level.
Highest points by ward
Geology
Many features of geologic interest are found in Ottawa.
Climate
Classification
Recent data
Notes
Historical data
Rivers and creeks
Tributaries of the Ottawa River (from east to west):
Becketts Creek
Cardinal Creek
Taylor Creek
Bilberry Creek
Green's Creek
Mud Creek
Borthwick Creek
Nicolet Drain
Ramsay Creek
McEwen Creek
Rideau River
Rideau Canal (artificial)
Brown's Inlet
Patterson Creek
Graham Creek
Still Water Creek
Watts Creek
Shirley's Brook
Constance Creek
Carp River
Mississippi River
Cartwrights Creek
Cody Creek
Madawaska River (mouth not in Ottawa)
Tributaries of the Rideau River (from north to south):
Sawmill Creek
Nepean Creek
Black Rapids Creek
Mosquito Creek
Jock River
Mahoney Creek
Nichols Creek
Kings Creek
Mud Creek
Steven Creek
Cranberry Creek
McDermot Drain (mouth not in Ottawa)
Brassills Creek
Rideau Creek
Other rivers and creeks within City of Ottawa:
Bear Brook
South Indian Creek
Shaws Creek
McKinnons Creek
North Castor River
Black Creek
Middle Castor River
South Castor River
Features of the Ottawa River
(from east to west)
Features of the Rideau River
(from north to south)
Waterfalls
Chaudière Falls
Hog's Back Falls
Princess Louise Falls
Rideau Falls
Lakes
Brewer Park Pond (Ottawa)
Constance Lake (Kanata)
Lac des Chats (West Carleton)
Dow's Lake (artificial, Ottawa)
Lac Deschênes (Nepean)
Lake Madawaska (West Carleton)
McKay Lake (Rockcliffe Park)
Mud Lake (Britannia)
Mud Pond (Kanata)
Sand Pits Lake (Rockcliffe Park)
Other geographical features
Beaver Island (West Carleton)
The Burnt Lands (West Carleton)
Canaan Hill (Cumberland)
Carlington Hill (Carlington)
Carp Hills (also known as Carp Ridge) (West Carleton)
Colonel By Valley (Ottawa)
Greenbelt (Nepean/Gloucester)
Mer Bleue (Cumberland/Gloucester)
Pine Grove Forest
Stony Swamp
LeBreton Flats (Ottawa)
Marlborough Forest (Rideau-Goulbourn Ward)
Nanny Goat Hill (Ottawa)
Quigley Hill (Cumberland)
Sources
National Resources Canada Topographic Maps
MapArt map of Ottawa
Ontario Base Survey
References
External links
Take a Virtual Cruise on the Ottawa River
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Are microbubbles free flowing tracers through the Myocardium? Comparison of indicator-dilution curves obtained from dye dilution and echo contrast using harmonic power Doppler imaging.
Harmonic power Doppler imaging (H-PDI) has been introduced into the field of contrast echocardiography as a contrast-specific imaging modality. However, there has been considerable skepticism as to whether H-PDI would be quantifiable, because it depends on the destruction of microbubbles and has more complex signal processing than gray scale imaging. The aim of the present study was to evaluate the relationship between the concentration of microbubbles and the resulting H-PDI signals even under conditions where bubble destruction is most likely. Furthermore, we evaluated whether microbubbles of Levovist freely pass the microcirculation, which is a prerequisite for the assessment of myocardial blood flow. A strong positive correlation was found between the H-PDI signals and the amount of microbubbles up to the onset of acoustic shadowing (r = 0. 968, P<0.001). Time-intensity curves for H-PDI of air-filled microbubbles were compared with time-concentration curves of indocyanine green (ICG) in both a flow phantom and a working heart setup. The mean transit times (MTTs) through the myocardium of both agents were compared after a bolus injection into the left coronary artery. A close correlation was observed between 1/MTT and flow in both setups (r>0.98, P<0.0001). However, at high flow rates, the MTTs of the microbubbles were slightly, albeit not significantly, faster than those of indocyanine green. We conclude that microbubbles fulfill the prerequisites of free flowing tracers through the myocardium. Furthermore, H-PDI technology allows a reliable assessment of time-concentration curves of air-filled microbubbles up to the onset of acoustic shadowing.
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A motor vehicle of any type and in any condition that has
been left on or along any highway or other public property or on private
property without the consent of the owner or person in charge of the
private property for a period of more than 48 hours or for any period
without current license plates in violation of N.J.S.A. 39:4-56.5.
A private passenger automobile of a private passenger or
station wagon type that is owned or hired and is neither used as a
public or livery conveyance for passengers nor rented to others with
a driver; and a motor vehicle with a pickup body, or delivery sedan,
a van or a panel truck or a camper-type vehicle used for recreational
purposes owned by an individual or by husband and wife who are residents
of the same household, not customarily used in the occupation, profession
or business of the insured other than farming or ranching. An automobile
owned by a farm family copartnership or corporation, which is principally
garaged on a farm or ranch and otherwise meets the definitions contained
in this section, shall be considered a private passenger automobile
owned by two or more relatives resident in the same household.
The removal and transportation of an automobile from a highway,
street or other public or private road or a parking area or from a
storage facility, and other services normally incident thereto, but
does not include recovery of an automobile from a position beyond
the right-of-way or berm or from being impaled upon any other object
within the right-of-way or berm.
An occurrence in which a private passenger automobile comes
in contact with any other object for which the private passenger automobile
must be towed or removed for placement in a storage facility. This
includes all situations which are accident as to the insured even
if they were caused by the intentional acts of a perpetrator where
the perpetrator was not the insured or not otherwise involved with
the insured.
An automobile storage facility that is not indoors and is
secured by a sturdy fence, wall or other man-made barrier that is
at least six feet high and is installed with a passive alarm system
or a similar on-site security measure. The facility is to be lighted
from dusk to dawn.
An automobile storage facility that is not indoors and is
not secured by a fence, wall or other man-made barrier, and all other
storage facilities not defined above as inside buildings or outside
secured.
Those vehicles equipped with a boom or booms, winches, slings,
tilt bends, wheel lifts or under-reach equipment specifically designed
by their manufacturer for the removal or transport of motor vehicles,
including flatbed vehicles, employed for the purpose of towing, transporting,
conveying and/or removing motor vehicles which are unable to be operated
under their own power from one place to another for which a charge
or fee is extracted.
Time a tow operator spends at an incident scene in excess
of the time required for actual recovery and/or towing. An example
of waiting time would include but not be limited to EMS/fire service,
police investigation, etc.
No person shall engage in the business of towing or storing
motor vehicles at the direction of the Township of Eastampton Police
Department without first obtaining a tow operator's license therefor.
Nothing herein shall require licensing for the rendering of road service
or for the provision of towing and storage services within the Township
other than at the request of the Township Police Department. However,
cruising, as defined herein, is strictly prohibited.
Applicants for a license under this chapter shall file with the Township
Clerk a sworn application, on a form to be furnished by the Clerk,
which shall include the following information and certification:
The full name and address of the applicant. If the application is
made for a corporation, it shall state the name and address of the
officers and directors thereof, its registered agent, and the names
and residential address of every stockholder owning more than 10%
of the issued stock.
The address where the tow vehicle or vehicles shall be regularly
garaged, the telephone number or numbers and the hours during which
service is available at those numbers, and the names, addresses and
New Jersey driver's license numbers of all operators.
Inside building: a vehicle storage facility that is completely
indoors, having one or more openings in the walls for storage and
removal of vehicles, that is secured by a locking device on each opening.
Outside secured: a vehicle storage facility that is not indoors
and is secured by a fence, walls or other man-made barrier that is
at least six feet high. The facility is to be lighted at night so
that all vehicles may be plainly visible.
A copy of the deed of ownership or lease agreement for the storage
location, together with zoning certification (issued by the Zoning
Officer/Construction Official) and Fire Subcode certification issued
by the Fire Official.
A statement that the Chief of Police or his or her designee may at
any reasonable time conduct an inspection of the tow vehicles or storage
facility of any applicant or licensee for the purpose of determining
compliance with this chapter.
The Township Clerk shall forward all complete applications to the
Chief of Police, who shall conduct or cause to be conducted such investigation
as he or she deems necessary to determine the truth and accuracy of
the information contained in the application and whether the applicant
meets the following minimum standards:
Neither the applicant nor any tow vehicle operator has any criminal
convictions, convictions for any offense involving dishonesty or prior
motor vehicle infractions which might adversely affect public safety
or welfare. The applicant and each operator shall authorize a police
background check to ensure compliance with this section.
The applicant, at a minimum, shall maintain a fleet of tow vehicles described under § 487-9, Subsection B. Where more than one vehicle of a particular type is required, an applicant may satisfy this requirement, at the discretion of the Chief of Police, by demonstrating immediate access to the second vehicle.
The applicant's tow vehicle is equipped with emergency lights
conforming to the requirements of N.J.S.A. 39:3-50, which may not
be utilized until the contractor has procured a permit issued by the
Director of Motor Vehicles. Emergency lights may either be a commercially
manufactured light bar or a combination of two double-faced flashing
lights and one 360° rotating beacon. All emergency lights shall
be mounted high enough to be seen over the towed vehicle.
The applicant's tow vehicles are in good condition, in compliance
with Title 39 of the New Jersey Statutes and rules promulgated thereunder,
and identified on each side with the name and address of the contractor
and the gross vehicle weight rating of the tow vehicle. A method of
communication from the tow vehicle to the home base is required.
The applicant's tow vehicle is equipped with a shovel, broom
and other equipment necessary to clean up and remove broken glass
and debris from the scene of a tow to which they are assigned, as
required by the provisions of N.J.S.A. 39:4-56.8 and this chapter.
Absorbent material shall be available for minor spills.
The Chief of Police shall endorse his approval or disapproval of the application within 30 days of receipt of same. If the application is disapproved, the reasons therefor shall be set forth in writing. The Township Clerk shall notify the applicant in writing that the application has been granted or denied. If the application is denied, the reasons for such denial shall be set forth in the notice, along with the applicant's right to appeal the denial to Township Council pursuant to § 487-8.
A tow operator's license shall be issued by the Township Clerk to an applicant approved by the Chief of Police and upon provision of insurance certifications pursuant to § 487-10. The Township Clerk shall send a copy of the license to the Police Department for filing and shall keep a permanent record of all licenses issued.
All licenses issued under this chapter shall expire January 31. Applications for renewal shall be filed with the Clerk at least 30 days before expiration on forms provided by the Clerk. Renewal applications will be forwarded to the Chief of Police for review and any necessary investigation in accordance with the procedures and standards set forth in § 487-5A.
Failure to comply with any of the requirements of this chapter, any
additional regulations promulgated by the Chief of Police, or any
state, federal or local law relating to motor vehicle operation or
storage.
Unsatisfactory service which jeopardizes public safety. More than
three unexcused failures to respond and/or valid complaints (as determined
by the Chief of Police after investigation) within a twelve-month
period shall be considered grounds for suspension and/or revocation.
Any person aggrieved by the action of the Chief of Police or
the Township Clerk in the denial of an application for a license,
or in revocation thereof, or in the suspension from the Township's
on-call towing list, may appeal to the Township Council by filing
with the Clerk, within 14 days after notice of the action complained
of has been mailed to such person's last known address, a written
request for a hearing, setting forth fully the grounds for the appeal.
The Council will set a time and place for a hearing on such appeal,
and notice shall be served on or mailed to the applicant or licensee
at least five days prior to the hearing. The Council's determination
shall be made by resolution and shall become effective immediately.
Records. It shall be the responsibility of the contractor to maintain
records of all services rendered under the terms of this contract
for a period of seven years. Such records must be easily accessible
at all times in the contractor's business office and shall include,
but not be limited to, the following:
Vehicle impound and inventory form. This form shall be provided by
the impounding officer to the tow truck operator at the time the tow
service is rendered. This record documents the condition of the vehicle,
lists the contents of the vehicle and indicates whether or not the
keys were left with the vehicle at the time of the tow.
Itemized invoice. This document must be detailed, complete and legible.
It must contain thereon the time and date the services were rendered.
It also must contain, or have securely affixed thereto, a schedule
of rates for services that are authorized by this contract. A copy
of each invoice, with respect to services rendered under the terms
of this contract, shall be forwarded to the Eastampton Police Department
by the contractor within 10 days after payment has been made to the
contractor by the owner/agent of the vehicle. This document will be
added to the original case file for inspection and/or audit purposes.
Invoice numbers must be preprinted and sequential.
Motor vehicle release form. This form is issued by the Eastampton
Police Department to the owner of the vehicle or to the owner's
agent. The contractor shall permit the inspection of records required
by the terms of this contract by any authorized representative of
the Township Manager or the Chief of Police.
The contractor shall maintain and have accessible for use and Township
inspection tow trucks and equipment capable of recovering and removing
virtually any vehicle that is customarily and routinely found on the
roadways within the Township.
A contractor's tow trucks must be in compliance with all safety
equipment requirements as listed in N.J.S.A. 39:3-43 et seq., including
emergency lights, equipment, reflectors/flares and permits. Each tow
truck shall have the contractor's name displayed in such manner
and of such lettering as conforms to the provisions of N.J.S.A. 39:4-46.
An inventory of tow trucks shall include, but not be limited to,
the listed quantity of vehicles designated for each category, which
are designed, built and rated to equal or exceed the tow truck class
specifications that have been developed and published by the Towing
and Recovery Association of America (TRAA), and which are described
hereafter. (NOTE: It shall be the responsibility of the contractor
to certify that his trucks meet the safe lifting ratings specified
for each class of tow truck. Prior to the issuance of a license, the
contractor shall allow representatives of the Township to physically
inspect the contractor's tow trucks and facility for compliance
with these specifications.)
Capable of towing vehicles as listed by the TRAA and DOT as
Class I and II, which include passenger vehicles, light trucks, minivans,
full-size pickups, sport utility vehicles and full-size vans. These
vehicles should not exceed 10,000 pounds GVW and not have more than
four tires.
Capable of towing vehicles as listed by the TRAA and DOT as
Class III through Class VI, which include a wide range of mid-sized
vehicles, delivery trucks, utility vehicles, motor homes, parcel trucks,
ambulances, small dump trucks, landscape trucks, flatbed and stake
trucks, refrigerated and box trucks, small and medium school and transit
buses. These vehicles range from 10,001 pounds to 26,000 pounds GVW
and are equipped with at least six tires.
Capable of towing vehicles as listed by the TRAA and DOT as
Class VII and Class VIII, which include a wide range of heavy vehicles,
large delivery trucks, motor coaches, refuse trucks, cement mixers
and all tractor-trailer combinations, including double trailers.
Four securing devices with a minimum working load limit of 3,900
pounds. The device may be chain (minimum Grade 4), wire rope, nylon
strap, or steel strap. The tie-downs shall be attached to the axle
or frame member of the transported vehicle, both front and rear. All
ends shall be secured to the truck bed or rail in a manner that will
prevent movement of the transported vehicle. Factory-style "T" hook
tie-downs may also be used (front and rear).
It shall be the responsibility of the contractor to have available
at all times a sufficient number of employees to provide towing and
recovery service for the Eastampton Police Department, pursuant to
the terms and conditions set forth herein.
Drivers employed by the contractor shall be at least 18 years of
age, shall maintain a currently valid driver's license and shall
perform their duties in conformance with all applicable statutes and
ordinances.
It shall be the responsibility of the contractor to ensure that his
or her employees, including drivers, are competent, efficient, courteous
and knowledgeable in the legal and technical requirements of emergency
towing and/or recovery of vehicles. A program of continuing in-service
training for driver operators is encouraged.
It shall be the responsibility of the contractor to ensure that all
tow truck operators and employees, who respond to incident scenes,
receive training in the recognition of and the response to hazardous
materials. Such training must include, but not necessarily be limited
to, the "First Responder Operations Level" training, as defined by
the New Jersey Department of Health. Valid certificates of training
must be supplied to the Township of Eastampton. Contractor employees
shall be outfitted in a standard uniform and be equipped with DOT-approved
safety vests while involved in a removal/recovery operation.
Complaints of any kind against the contractor or an employee of the
contractor, including, but not limited to, towing service, overcharging,
theft, damage, discourtesy, etc., will be fully investigated by the
Eastampton Police Department or referred by the Chief of Police to
the contractor for resolution, as appropriate. Allegations of criminal
violations shall be investigated by the Police Department.
The contractor will be expected to have removal/recovery service
available on a twenty-four-hour-per-day, seven-days-per-week basis
to tow or otherwise remove vehicles at the direction of the Police
Department that are disabled, recovered stolen, involved in a crime,
involved in an accident, etc. The contractor will be expected to arrive
at the incident scene within 25 minutes after notification by the
Eastampton Police Department. Repeated failure to arrive at an incident
scene within the time limit shall be cause for termination of the
contract.
Service charges for vehicle removal/recovery at the direction of the Eastampton Police Department shall be billed to the registered owner of the vehicle in accordance with the fee schedule set forth in § 487-12 below.
The contractor shall only be responsible for the removal of the vehicle
itself. The contractor shall not be responsible for the removal of
any commercial load that may have been carried in or on the vehicle
prior to the incident or accident.
Abandoned vehicles shall be removed by the contractor at the direction
of the Police Department on a twenty-four-hour-per-day, seven-days-per-week
basis. The contractor must arrive on location within 25 minutes after
notification by the Police Department.
Charges for removing abandoned vehicles at the direction of the Police
Department shall be billed to the registered owner of the vehicle.
The Township shall not be liable to the tow operator for any of the
services performed by the contractor. In the event the registered
owner of the vehicle cannot be determined or located, the Township
will conduct an auction pursuant to N.J.S.A. 39:10A-1, and the tow
operator's charges for towing and storage shall be paid from
the proceeds of such auction. Each vehicle auctioned off shall be
a separate item for purposes of this section. The Township shall not
be liable for fees in excess of the bid price of the vehicle. The
cost of title fees which the Township must pay to the State of New
Jersey for title certificates shall be passed on to the purchaser
at the time of the auction even if the contractor is the purchasing
party and shall be in addition to the bid price of each vehicle. Should
a vehicle not sell at auction, the junk title certificate or application
for a certificate of ownership, whichever shall have been issued by
the Motor Vehicle Commission, will be assigned to the contractor as
recompense for services rendered and unpaid. A fee of $1 shall be
paid to the Township by the contractor for each application for a
certificate of ownership so issued.
In those situations involving confiscation of automobiles, fatal
accidents or any other situation where the Township initiated legal
action or evidentiary evaluation is necessary, requiring storage of
vehicles for protracted periods of time, the storage fees that are
to be paid by the Township shall not exceed $3 per day per vehicle
for the first 30 days of storage; $2 per day per vehicle for each
day of storage thereafter; and a limit of $400 per vehicle, up to
one year of storage, except as set forth herein. The Township, pursuant
to N.J.S.A. 40:48-2.50, shall not be charged in excess of $400 for
the storage of any towed vehicle. The Township reserves the right
to have any such vehicle towed directly to the police/court facility
for storage.
In those situations involving confiscation of automobiles, fatal
accidents or any other situation where the Township initiated legal
action or evidentiary evaluation is necessary, requiring storage of
vehicles for protracted periods of time, the storage fees that are
to be paid by the owner shall not exceed $3 per day per vehicle for
the first 30 days of storage. For each day of storage thereafter,
the fee shall be equal to 50% of the prevailing storage rate. The
Township, pursuant to N.J.S.A. 40:48-2.50, shall not be charged in
excess of $400 for the storage of any towed vehicle. The Township
reserves the right to have any such vehicle towed directly to the
police/court facility for storage, or any other location.
In confiscation and forfeiture cases where the vehicle is exposed
for sale at public auction, the amount of storage fees shall be paid
from the proceeds of the sale. Each vehicle auctioned off shall be
a separate item for purposes of this section. The Township shall not
be liable for fees in excess of the bid price of the vehicle. The
cost of title fees which the Township must pay to the State of New
Jersey for title certificates shall be passed on to the purchaser
at the time of the auction even if the contractor is the purchasing
party and shall be in addition to the bid price of each vehicle. Should
a vehicle not sell at auction, the junk title certificate or application
for a certificate of ownership, whichever shall have been issued by
the Motor Vehicle Commission, will be assigned to the contractor as
recompense for services rendered and unpaid. A fee of $1 shall be
paid to the Township by the contractor for each application for a
certificate of ownership so issued.
It shall be the responsibility of the contractor to provide recovery
service to the Police Department on the occasion of a motor vehicle
accident, fire, mechanical failure, natural disaster, off-road occurrence
or any other situation that renders a vehicle incapable of being moved
by conventional means.
It is understood that recovery service may include rigging, stabilization
procedures, winching, crane service, the use of inflatable devices
and any other conventional or unique procedure that may reasonably
be necessary to reclaim a damaged or disabled vehicle and to prepare
the vehicle to be towed or otherwise removed from its original, post-incident
place of rest. The cost of recovery is included in the removal fee.
Vehicles that are towed or otherwise removed at the direction of
the Police Department must be taken directly to the contractor's
storage facility, unless an alternative destination is agreed to by
the contractor, the owner of the vehicle and the Police Department,
in writing, or unless the Police Department directs that the vehicle
be removed to another location.
Vehicles that are towed and stored by the contractor must be secured
at the contractor's storage facility. The use of satellite or
remote land area for storage of vehicles that are removed at the direction
of the Police Department is expressly prohibited.
The contractor shall be responsible for the security of each vehicle
stored under the provisions of this chapter, until final disposition
and release, as authorized by the Eastampton Police Department. All
vehicles, regardless of condition, must be stored singly, in side-by-side
fashion, to permit complete inspection and removal. Adequate walkway
space shall be provided around each vehicle at all times.
The cost of storage shall be $30 for each twenty-four-hour period
beginning at 12:00 midnight following the arrival of the vehicle at
the storage facility. Storage fees shall be for each twenty-four-hour
period or fraction thereof. "Fraction thereof" shall be to the nearest
quarter hour. A new twenty-four-hour period begins at 12:01 a.m. Should
a vehicle be towed on any given day and turned over to the owner on
the same day prior to 12:00 midnight, no storage fee shall be charged.
The contractor must provide a means for vehicles to be released to
an authorized claimant between the hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding legal holidays, and between the hours
of 9:00 a.m. and 12:00 noon on Saturdays, at the contractor's
business address. The area must have someone on duty at all times.
The contractor shall not impose a release fee, except as provided
by the terms of this chapter.
An authorized agent must obtain a vehicle release form from the Eastampton
Police Department and present this form to the contractor in order
to take possession of his or her vehicle. The vehicle release form
shall be retained by the contractor. The vehicle release form must
be in possession of the contractor before the claimant is permitted
to retrieve personal belongings from the vehicle, whether or not the
vehicle is being reclaimed at the same time. Reasonable access to
a stored vehicle shall be granted by the contractor at no charge to
the claimant for the purpose of retrieving personal belongings during
normal business hours.
It shall be the responsibility of the contractor to provide for the
cleanup and removal of debris from the scene of any incident that
requires towing and/or recovery service, with the understanding that
the debris to be removed must be a direct result of the incident that
necessitated the services of the contractor.
The term "debris," as defined herein, shall include but not be limited
to glass, sheet metal, fiberglass, fluids, vehicle components and
other material that may be on a roadway incident site or extended
incident site as a result of the incident.
The contractor shall be responsible for cleanup of all fluids contained
on a paved roadway which are discharged from a damaged vehicle with
a gross weight of 10,000 pounds or less. Such cleanup shall include
gasoline, diesel fuel, oil, antifreeze solution, and hydraulic, brake,
transmission and other such fluids which can reasonably be anticipated
to discharge from a damaged vehicle. Fluid cleanup and removal shall
be in accordance with the applicable state and federal regulations
for cleanup and remediation. The contractor shall carry on each tow
truck heavy-mil bags for the removal of debris, as well as oil dry
for fluid spills.
Notification to vehicle owner. It shall be the responsibility of
the Police Department to make written notification, within 72 hours
of removal, to the registered owner, if known, of any vehicle that
is placed into storage under the terms of this chapter. Such notification
shall include, but not be limited to, the following:
All licensees shall hold harmless and indemnify the Township, its officers, employees and agents from any and all liability claims, losses or damages arising or alleged to arise from the performance of the towing services requested of or rendered by the licensee. The foregoing indemnification language shall be incorporated in the general comprehensive liability policy required by Subsection A of this section.
No license shall be issued or renewed until the applicant has filed with the Township Clerk certificates of insurance evidencing the insurance coverage and endorsements required in Subsection A of this section. All certificates must provide for 30 days' prior written notice to the Township of policy cancellation or material change.
Any license issued under this section will be automatically revoked upon expiration or cancellation of the required insurance or material change in coverage which renders that coverage not in compliance with the requirements of Subsection A of this section.
The Chief of Police shall maintain a list of those tow operator's
licensed by the Township to respond to calls from the Township Police
Department. In order to be included on the on-call towing list, an
applicant must meet all of the requirements of this chapter and shall
enter into an agreement with the Township for a term of one year,
said agreement to be prepared by the Township Attorney.
Calls to tow operators on the on-call list shall be made on a nondiscriminatory
rotating basis, pursuant to procedures established by the Chief of
Police. Nothing herein shall prohibit the Chief of Police or his or
her designee from calling a tow operator out of sequence or seeking
the services of a tow operator not on the on-call list if the circumstances
require specialized equipment or if the interests of public safety
so require. If the tow operator selected does not respond to the scene
within 25 minutes after notification, the Chief of Police or his or
her designee shall be permitted to summon the next available tow operator.
When any unusual situation occurs which may be dangerous to the safety
of the public, such as a spill of toxic material or other dangerous
cargo, the Township Police Department may select any qualified tow
operator.
The fees to be charged for the towing and storage services of automobiles shall be as set forth in § 487-12. The Township shall not be liable for the cost of towing and/or storage services unless those services are performed on a municipal vehicle.
Inclusion on the on-call towing list shall be automatically revoked upon expiration or revocation of the tow operator's license. The Chief of Police may also suspend a licensed tow operator's inclusion on the on-call towing list, for such period of time as he or she considers appropriate, for violations of this chapter, after a hearing on such violations. Suspensions may be appealed pursuant to the procedures set forth in § 487-8.
Nothing in this section shall prohibit a motorist or motor vehicle
owner from summoning a tow operator of his or her own choosing, except
that any Township police officer at the scene of an incident requiring
towing services shall be responsible for making the final determination
as to when towing shall take place and which tow operator shall be
called.
The use of emergency lights is restricted to operation at the scene
of the tow while preparations are being made for vehicle removal from
the tow scene to a place of storage or repair. Operation of emergency
lights is not permitted while a tow vehicle is responding to the scene
of a tow or road service. Disposal of a tow vehicle by the contractor
for which a light permit is issued immediately invalidates the permit,
and it must be returned to the Division of Motor Vehicles.
All vehicles towed at the request of the Township Police Department
must be removed to an approved storage facility unless the owner or
operator of the vehicle specifically requests that it be towed to
another destination. Any Township police officer at the scene shall
be responsible for making the final determination as to the towing
destination.
No vehicle shall be released by the tow operator until the owner,
owner's agent, lienholder or lessor of the vehicle produces a
release form from the Police Department. No verbal releases are to
be accepted. The Township is not responsible for any costs, compensation
or damage which a tow operator may suffer by reason of the Township
agreeing that a vehicle be released. Up to 10 vehicles towed at the
request of the Township Police Department must be stored together
at the approved storage facility in side-by-side fashion.
No tow operator shall dispose, destroy, remove, sell or otherwise transfer any vehicle towed at the request of the Township Police Department, unless the vehicle has been transferred to the contractor in accordance with § 487-9E(5).
Upon request of the Township Police Department, the tow operator
shall store a motor vehicle in an inside building, as defined. Vehicles
designated by the Police Department as impounds shall be stored in
a separate space for the exclusive use of the Police Department and
shall not be released without the written permission of the Chief
of Police or his or her designee.
The storage facility must provide a minimum of eight hours per day
(9:00 a.m. to 5:00 p.m.), Monday through Friday, except legal holidays,
and between the hours of 9:00 a.m. and 12:00 noon on Saturdays for
reclaiming towed vehicles.
In addition to any requirements set forth elsewhere in this chapter,
all approved towing services must have in writing an employment nondiscrimination
statement prior to the issuance of said approval and must agree to
comply with all state and federal laws and regulations concerning
wages, hours and terms of employment.
The owner of any vehicle towed, upon proper proof displayed, shall
have the right to remove any nonattached personal property belonging
to the owner from the stored vehicle unless a "police hold" is indicated
on the tow form. The vehicle owner or representative shall have the
right to take photographs of the vehicle for insurance purposes.
The tow operator shall submit to the Police Department the names,
addresses and driver's license number of all proposed employees
who will render services on behalf of the tow operator. This information
shall be kept current to the Police Department by the licensee. No
driver shall perform services unless listed by the tow operator with
the Police Department.
Employees of an approved towing service shall in no way be deemed
to represent or be employed by this municipality, and all such towing
services shall be responsible for the conduct of their employees.
All towing and storage fees shall be disclosed in an appropriate
notice on the front or top page of all invoices and receipts. Additionally,
adequate public posting of such fees must be made at the storage area,
in easy view of the public.
No person shall be liable to any tow operator who tows or stores
an automobile, including but not limited to any automobile which was
damaged in an accident or recovered after being reported stolen, for
any fees in excess of the following:
In no event shall any tow operator charge a towing or storage fee
for private passenger vehicles damaged in an accident or recovered
after being stolen in excess of the fees established by the Department
of Insurance as set forth in N.J.A.C. 11:3-38.1 et seq., or any amendments
or supplements thereto. It shall be the responsibility of the tow
operators to comply with all applicable Department of Insurance rules
and regulations.
This chapter is not intended to set fees for nonbasic towing services
and the storage of vehicles not defined herein as "automobiles." For
all towing services not defined as "basic towing service," the contractor
shall set fees reasonable and customary for the Burlington County
area for the towing and storage of such vehicles. The contractor shall
submit as part of its application or renewal thereof its fee schedule
for the towing and storage of all motor vehicles other than automobiles
which shall be subject to the review and approval of the Township
Council. Council shall have sole discretion in determining reasonable
prevailing rates.
No person shall be liable to any tow operator for any other towing
or storage services for any fees in excess of the licensee's
approved fee schedule. Current fee schedules shall be submitted for
approval on an annual basis at the time of application for license
renewal.
When basic towing services are rendered for any automobile, there shall be no additional charges other than those provided for in Subsection A above, including but not limited to flatbedding, waiting time, winching, cleanup costs and additional labor.
Prior to hookup or flatbedding of a motor vehicle, the tow operator
shall present a copy of its fee schedule to the owner or operator
of the vehicle. The fee schedule shall also contain the name, address
and telephone number of the tow operator and a statement of the hours
when the motor vehicle may be claimed. In the case of an unattended
vehicle, the fee schedule shall be left in a conspicuous area of the
vehicle.
The tow operator shall prepare a written bill for the charges pertaining
to the towing and/or storage services and present it to the claimant
of the vehicle when reclaimed. The bill shall be itemized in detail
as to actual services rendered. The Township shall not be liable to
the tow operator for any of the services performed by the operator,
unless those services are performed for municipal vehicles. The operator
shall proceed directly against the consumer. However, the Township
agrees to conduct an auction of all unclaimed vehicles pursuant to
N.J.S.A. 39:10A-1, and the tow operator's charges for towing
and storage shall be paid from the proceeds of such auction. Each
vehicle auctioned off shall be a separate item for purposes of this
section. The Township shall not be liable for fees in excess of the
bid price of the vehicle. The cost of title fees which the Township
must pay to the State of New Jersey for title certificates and the
auction fees shall be passed onto the purchaser at the time of the
auction even if the contractor is the purchasing party and shall be
in addition to the bid price of each vehicle. Should a vehicle not
sell at auction, the junk title certificate or application for a certificate
of ownership, whichever shall have been issued by the Motor Vehicle
Commission, will be assigned to the operator as recompense for services
rendered and unpaid. A fee of $1 shall be paid to the Township by
the contractor for each application for certificate of ownership so
issued.
The Chief of Police shall promulgate such rules, regulations
and procedures, not inconsistent with this chapter, as may be reasonable
and necessary to carry out the provisions of this chapter. Copies
thereof shall be provided to all licensed tow operators and shall
be made available to the public, along with copies of current fee
schedules, during normal business hours. Failure to comply with applicable
rules, regulations and procedures may be the cause of revocation of
a tow operator's license.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code, and each day any such violation shall continue shall be deemed to be a separate and distinct offense.
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Stormy Daniels' husband, Glendon Craine, has filed for divorce from the legendary porn star and is claiming she committed adultery.
According to court documents obtained by The Blast, Craine filed for divorce last week in Texas. The couple was married in 2015 and have one child together, a 7-year-old daughter.
In the docs, Craine claims that he should be "awarded a disproportionate share of the estate" because he claims their marriage fell apart because of her (presumably related to the infidelity claim) and because she has the ability to make more money than he does.
Craine was also granted a temporary restraining order which orders Stormy to not cause bodily injury to him or their child. She also cannot falsify any writing or record, including an electronic record, relating to the property of either party, and she cannot withdraw money or transfer property.
The order also keeps any "person employed in the adult entertainment industry" from being around their daughter.
As far as custody, Craine wants sole custody, wants exclusive right to determine where their daughter lives, order Stormy to pay child support and wants the child's passports turned over.
Daniels is also barred from seeing their daughter or going in the family home until a hearing later this week.
Daniels' attorney, Michael Avenatti, said on Twitter that his client disputes the accuracy of the petition, though it is unclear what he is specifically talking about.
Avenatti adds, "Stormy’s daughter remains her number one priority. She kindly asks for privacy for the sake of her family."
Stormy added her two cents on Twitter, writing, "I don't need or want privacy. I want truth. And it will come out. I'm not afraid."
Want More From The Blast?
For all the latest breaking celebrity and entertainment news, be sure to follow TheBlast.com on Facebook, Instagram, Twitter, Apple News, and YouTube.
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Abstract: We evaluate Bitcoin Cash ABC’s new rolling 10 block checkpoint system. The new system does defend against “deep” hostile reorgs; however, it increases the risk of consensus chain splits and provides new opportunities for a would-be attacking miner. Another tradeoff is that the change increases the damage hostile miners can do to the network, but it reduces the potential reward for such behaviour. It is not clear at this point if this change is a net benefit, although it is a fundamental change to the system and it may therefore be better to spend more time assessing the dynamics involved before the network adopts this technology.
Overview
Bitcoin Cash ABC added a new rolling checkpoint system in software version ABC 0.18.5, which was released on 21st November 2018. Essentially, the new mechanism finalizes a block once it has received 10 confirmations, which prevents large blockchain reorgs. Therefore even if an alternative chain has more proof of work, if it conflicts with a checkpoint, the node will not switch over to the most work chain.
This feature may have been added as a defence against potential attackers including from supporters of the rival Bitcoin Cash SV chain, who have indicated they may wish to attack Bitcoin Cash ABC.
Security Analysis of the New Checkpointing Mechanism
The new rolling checkpoint mechanism includes a trade-off:
The risk of a deep reorg is reduced .
The risk of a consensus chainsplit is increased.
Network Risk Analysis of the New Checkpoint System
Latency issues Attack scenario Reorg risk No change It it unlikely that latency problems will cause nodes to be out of sync with each other by 10 blocks, therefore, this is largely a non-issue, in our view. The new checkpointing system is therefore not likely to cause problems here. Although with a block size of up to 32MB, there could be some latency issues in a small number of circumstances and it is possible nodes could be out of sync by 10 blocks. The checkpoint doesn’t seem to solve any issues to do with latency. If latency issues cause a 10 block reorg, the user may want to follow the most work chain. Therefore we do not think there is any benefit here. Risk reduced The risk of a deep hostile reorg is now reduced or limited to 10 blocks. Consensus split New small risk introduced In the unlikely scenario that poor network connectivity causes nodes to be out of sync with each other by 10 blocks or more, the conflicting checkpoints could cause a consensus split resulting in two or more coins. New risk introduced Although the reorg risk is now reduced, the hostile miner now has a new attack vector. The attacker can attempt to mine a 10 block long (or longer) chain in secret and then publish the chain at a time designed to cause conflicting checkpoints on the network, causing a chain split.
Attacking Miner: An Alternative Option to a Reorg
As indicated above, if a hostile miner is producing a shadow chain, once this diverges from the “honest” chain by more than 10 blocks, it is essentially useless as it cannot reorg the honest chain, even if it has more work. Therefore the attacker might as well give up and stop extending the shadow chain.
However, this also means that as soon as the 10th block since the split has been produced on the “honest chain,” the attacker might as well publish the shadow chain at this point, depending on the attacker’s objectives. (i.e. release the shadow chain as soon as the attacker receives the block in red indicated in the below diagram.) This could then cause a consensus chain split, with some nodes having received the red block first and some receiving the shadow chain first, resulting in conflicting checkpoints.
(Source: BitMEX Research)
This attack may cause a consensus chain split, which could be just as damaging to the network as continuing on to do a hostile reorg. It is also cheaper than continuing on to do a deep reorg, since the hostile miner can stop earlier. Therefore it is not clear to us why this new checkpointing defence is a material improvement. Although the risks in this section are unlikely to materialise (and could require the attacker to have a majority of the hashrate), they seem at least as likely to occur as the problem the new checkpointing system is trying to mitigate against.
Advantages of the Checkpointing System
Although the new checkpointing mechanism may have a limited impact on security within a 10 block window, when looking back more deeply from the current chain tip, security may be increased over longer timeframes. This may be very useful to some exchanges or merchants who can now wait for more than 10 blocks before crediting a user account and achieve a higher level of assurance. However, a key focus of Bitcoin Cash is to increase transaction speeds, so this benefit may not be desirable for the Bitcoin Cash community.
Although a new attack vector is opened up by this mechanism, providing a new way for hostile miners to instigate a consensus split as we explained above, the incentive to do this is less clear than for a “normal” deep reorg attack. A normal reorg attack can be used to initiate a double spend against an exchange, whereby the attacker could profit. While it is possible to also attempt a double spend attack using this new chain split-related attack vector, the outcome is less clear, as it is not obvious which side (if any) will be the winner or which chain an individual exchange may follow. Therefore, although this attack is potentially more devastating on the network, the incentives for it are less obvious. We view this as a significant positive.
Other issues
Centralisation and More Developer Power
Another common criticism of checkpoints is that it gives developers more power and increases centralisation since developers normally manually insert the checkpoints when they release new versions of the software (like Bitcoin used to have). However in our view, this does not apply in this case as the checkpoints are automatically generated by the node software and not manually generated by the development team. Therefore this a non-issue.
Long Range Attack and the Initial Sync
As Eric Wall explained on Twitter, the new checkpoint mechanism opens up the ability to sybil attack nodes not on the latest chaintip. For example, nodes still in the initial sync or nodes related to users who temporarily shut down their nodes for several days. An attacker needs to launch his own relay nodes and generate a new 10 block long chain at any point in the past.
This lower work chain can then be broadcast to nodes (including the specific targeting of nodes not at the current tip), potentially causing these nodes to conduct the checkpoint prematurely, on an alternative chain. Not only does this leave these nodes on a different chain, but this chain is under the control of the attacker. This seems to be a significant flaw of the checkpointing system.
Satoshi’s “original vision” appears to imply that the ability of nodes to be switched off and then verify what happened when it was gone is potentially important:
Nodes can leave and rejoin the network at will, accepting the proof-of-work chain as proof of what happened while they were gone.
(Source: Bitcoin Whitepaper)
To some extent this Bitcoin Cash ABC upgrade abandons that philosophy, and requires nodes to be online 24×7.
Conclusion
The new Bitcoin Cash ABC checkpointing system is a fundamental change to the core network and consensus dynamics, resulting in a number of trade-offs. These changes may not have been adequately explored before the upgrade. Although we do not think it is likely such a change will result in an immediate crisis, it’s not likely to prevent one either.
Overall Summary of the Checkpointing System’s Impact
Positives:
Reduces the incentive for a miner to attack the chain
Provides more assurances for merchants and exchanges for transactions with over 10 confirmations
Negatives:
Increases the ability of a miner to instigate a devastating attack on the network
Introduces new attack vectors on nodes which are still syncing to the main chain
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Larry Page
Lawrence Edward Page (born March 26, 1973) is an American computer scientist and Internet entrepreneur. He is best known for being one of the co-founders of Google along with Sergey Brin.
Page was the chief executive officer of Alphabet Inc. (Google's parent company) until stepping down on December 3, 2019. After stepping aside as Google CEO in August 2001, in favor of Eric Schmidt, he re-assumed the role in April 2011. He announced his intention to step aside a second time in July 2015, to become CEO of Alphabet, under which Google's assets would be reorganized. Under Page, Alphabet seeked to deliver major advancements in a variety of industries. On December 4, 2019, Page stepped down from his CEO position from Alphabet. Both Page and Sergey Brin will remain controlling shareholders of Alphabet.
As of January 2020, Page is the 8th-richest person in the world, with a net worth of $66.3 billion. Forbes placed him 10th in the list "Billionaires 2019".
Page is the co-inventor of PageRank, a well-known search ranking algorithm for Google, which he wrote with Brin. Page received the Marconi Prize in 2004 with Brin.
Early life and education
Page was born on March 26, 1973, in Lansing, Michigan. His mother is Jewish; his maternal grandfather later made aliyah to Israel. However, he does not declare to follow any formal religion. His father, Carl Victor Page Sr., earned a PhD in computer science from the University of Michigan, when the field was being established, and BBC reporter Will Smale has described him as a "pioneer in computer science and artificial intelligence". He was a computer science professor at Michigan State University and Page's mother, Gloria, was an instructor in computer programming at Lyman Briggs College of Michigan State University.
During an interview, Page recalled his childhood. Noting that his house "was usually a mess, with computers, science, and technology magazines and Popular Science magazines all over the place", an environment in which he immersed himself. Page was an avid reader during his youth, writing in his 2013 Google founders letter: "I remember spending a huge amount of time pouring [sic] over books and magazines" . According to writer Nicholas Carlson, the combined influence of Page's home atmosphere and his attentive parents "fostered creativity and invention". Page also played the flute and studied music composition while growing up. He attended the renowned music summer camp — Interlochen Arts Camp at Interlochen, Michigan. Page has mentioned that his musical education inspired his impatience and obsession with speed in computing. "In some sense, I feel like music training led to the high-speed legacy of Google for me". In an interview Page said that "In music, you're very cognizant of time. Time is like the primary thing" and that "If you think about it from a music point of view, if you're a percussionist, you hit something, it's got to happen in milliseconds, fractions of a second".
Page was first attracted to computers when he was six years old, as he was able to "play with the stuff lying around"—first-generation personal computers—that had been left by his mother and father. He became the "first kid in his elementary school to turn in an assignment from a word processor". His older brother also taught him to take things apart and before long he was taking "everything in his house apart to see how it worked". He said that "from a very early age, I also realized I wanted to invent things. So I became really interested in technology and business. Probably from when I was 12, I knew I was going to start a company eventually."
Page attended the Okemos Montessori School (now called Montessori Radmoor) in Okemos, Michigan, from 1975 to 1979, and graduated from East Lansing High School in 1991. He attended Interlochen Center for the Arts as a saxophonist for two summers while in high school. Page holds a Bachelor of Science in computer engineering from the University of Michigan, with honors and a Master of Science in computer science from Stanford University. While at the University of Michigan, Page created an inkjet printer made of Lego bricks (literally a line plotter), after he thought it possible to print large posters cheaply with the use of inkjet cartridges—Page reverse-engineered the ink cartridge, and built all of the electronics and mechanics to drive it. Page served as the president of the Beta Epsilon chapter of the Eta Kappa Nu fraternity, and was a member of the 1993 "Maize & Blue" University of Michigan Solar Car team. As an undergraduate at the University of Michigan, he proposed that the school replace its bus system with a personal rapid transit system, which is essentially a driverless monorail with separate cars for every passenger. He also developed a business plan for a company that would use software to build a music synthesizer during this time.
PhD studies and research
After enrolling in a computer science PhD program at Stanford University, Page was in search of a dissertation theme and considered exploring the mathematical properties of the World Wide Web, understanding its link structure as a huge graph. His supervisor, Terry Winograd, encouraged him to pursue the idea, and Page recalled in 2008 that it was the best advice he had ever received. He also considered doing research on telepresence and self-driving cars during this time.
Page focused on the problem of finding out which web pages linked to a given page, considering the number and nature of such backlinks as valuable information for that page. The role of citations in academic publishing would also become pertinent for the research. Sergey Brin, a fellow Stanford PhD student, would soon join Page's research project, nicknamed "BackRub." Together, the pair authored a research paper titled "The Anatomy of a Large-Scale Hypertextual Web Search Engine" , which became one of the most downloaded scientific documents in the history of the Internet at the time.
John Battelle, co-founder of Wired magazine, wrote that Page had reasoned that the:
... entire Web was loosely based on the premise of citation—after all, what is a link but a citation? If he could devise a method to count and qualify each backlink on the Web, as Page puts it "the Web would become a more valuable place."
Battelle further described how Page and Brin began working together on the project:
At the time Page conceived of BackRub, the Web comprised an estimated 10 million documents, with an untold number of links between them. The computing resources required to crawl such a beast were well beyond the usual bounds of a student project. Unaware of exactly what he was getting into, Page began building out his crawler. The idea's complexity and scale lured Brin to the job. A polymath who had jumped from project to project without settling on a thesis topic, he found the premise behind BackRub fascinating. "I talked to lots of research groups" around the school, Brin recalls, "and this was the most exciting project, both because it tackled the Web, which represents human knowledge, and because I liked Larry."
Search engine development
To convert the backlink data gathered by BackRub's web crawler into a measure of importance for a given web page, Brin and Page developed the PageRank algorithm, and realized that it could be used to build a search engine far superior to existing ones. The algorithm relied on a new technology that analyzed the relevance of the backlinks that connected one web page to another.
Combining their ideas, the pair began utilizing Page's dormitory room as a machine laboratory, and extracted spare parts from inexpensive computers to create a device that they used to connect the now nascent search engine with Stanford's broadband campus network. After filling Page's room with equipment, they then converted Brin's dorm room into an office and programming center, where they tested their new search engine designs on the Web. The rapid growth of their project caused Stanford's computing infrastructure to experience problems.
Page and Brin used the former's basic HTML programming skills to set up a simple search page for users, as they did not have a web page developer to create anything visually elaborate. They also began using any computer part they could find to assemble the necessary computing power to handle searches by multiple users. As their search engine grew in popularity among Stanford users, it required additional servers to process the queries. In August 1996, the initial version of Google, still on the Stanford University website, was made available to Internet users.
By early 1997, the BackRub page described the state as follows:
BackRub already exhibited the rudimentary functions and characteristics of a search engine: a query input was entered and it provided a list of backlinks ranked by importance. Page recalled: "We realized that we had a querying tool. It gave you a good overall ranking of pages and ordering of follow-up pages." Page said that in mid-1998 they finally realized the further potential of their project: "Pretty soon, we had 10,000 searches a day. And we figured, maybe this is really real."
Page and Brin's vision has been compared to that of Johannes Gutenberg, the inventor of modern printing:
In 1440, Johannes Gutenberg introduced Europe to the mechanical printing press, printing Bibles for mass consumption. The technology allowed for books and manuscripts – originally replicated by hand – to be printed at a much faster rate, thus spreading knowledge and helping to usher in the European Renaissance ... Google has done a similar job.
The comparison was also noted by the authors of The Google Story: "Not since Gutenberg ... has any new invention empowered individuals, and transformed access to information, as profoundly as Google." Also, not long after the two "cooked up their new engine for web searches, they began thinking about information that was at the time beyond the web" such as digitizing books and expanding health information.
Google
1998–2010
Founding
Mark Malseed wrote in a 2003 feature story:Soliciting funds from faculty members, family and friends, Brin and Page scraped together enough to buy some servers and rent that famous garage in Menlo Park. ... [soon after], Sun Microsystems co-founder Andy Bechtolsheim wrote a $100,000 check to "Google, Inc." The only problem was, "Google, Inc." did not yet exist—the company hadn't yet been incorporated. For two weeks, as they handled the paperwork, the young men had nowhere to deposit the money.In 1998, Brin and Page incorporated Google, Inc. with the initial domain name of "Googol", derived from a number that consists of one followed by one hundred zeros—representing the vast amount of data that the search engine was intended to explore. Following inception, Page appointed himself as CEO, while Brin, named Google's co-founder, served as Google's president. Writer Nicholas Carlson wrote in 2014:<blockquote>The pair's mission was "to organize the world's information and make it universally accessible and useful." With a US$1-million loan from friends and family, the inaugural team moved into a Mountain View office by the start of 2000. In 1999, Page experimented with smaller servers so Google could fit more into each square meter of the third-party warehouses the company rented for their servers. This eventually led to a search engine that ran much faster than Google's competitors at the time.
By June 2000, Google had indexed one billion Internet URLs (Uniform Resource Locators), making it the most comprehensive search engine on the Web at the time. The company cited NEC Research Institute data in its June 26 press release, stating that "there are more than 1 billion web pages online today", with Google "providing access to 560 million full-text indexed web pages and 500 million partially indexed URLs."
Early management style
During his first tenure as CEO, Page embarked on an attempt to fire all of Google's project managers in 2001. Page's plan involved all of Google's engineers reporting to a VP of engineering, who would then report directly to him—Page explained that he didn't like non-engineers supervising engineers due to their limited technical knowledge. Page even documented his management tenets for his team to use as a reference:
Don't delegate: Do everything you can yourself to make things go faster.
Don't get in the way if you're not adding value. Let the people actually doing the work talk to each other while you go do something else.
Don't be a bureaucrat.
Ideas are more important than age. Just because someone is junior doesn't mean they don't deserve respect and cooperation.
The worst thing you can do is stop someone from doing something by saying, "No. Period." If you say no, you have to help them find a better way to get it done.
Even though Page's new model was unsustainable and led to disgruntlement among the affected employees, his issue with engineers being managed by non-engineering staff gained traction. Page also believed that the faster Google's search engine returned answers, the more it would be used. He fretted over milliseconds and pushed his engineers—from those who developed algorithms to those who built data centers—to think about lag times. He also pushed for keeping Google's home page famously sparse in its design because it would help the search results load faster.
2001–2011
Changes in management and expansion
Before Silicon Valley's two most prominent investors, Kleiner Perkins Caufield & Byers and Sequoia Capital, agreed to invest a combined total of $50 million in Google, they applied pressure on Page to step down as CEO so that a more experienced leader could build a "world-class management team." Page eventually became amenable to the idea after meeting with other technology CEOs, including Steve Jobs and Intel's Andrew Grove. Eric Schmidt, who had been hired as Chairman of Google in March 2001, left his full-time position as the CEO of Novell to take the same role at Google in August of the same year, and Page moved aside to assume the President of Products role.
Under Schmidt's leadership, Google underwent a period of major growth and expansion, which included its initial public offering (IPO) on August 20, 2004. He always acted in consultation with Page and Brin when he embarked on initiatives such as the hiring of an executive team and the creation of a sales force management system. Page remained the boss at Google in the eyes of the employees, as he gave final approval on all new hires, and it was Page who provided the signature for the IPO, the latter making him a billionaire at the age of 30.
Page led the acquisition of Android for $50 million in 2005 to fulfill his ambition to place handheld computers in the possession of consumers so that they could access Google anywhere. The purchase was made without Schmidt's knowledge, but the CEO was not perturbed by the relatively small acquisition. Page became passionate about Android and spent large amounts of time with Android CEO and cofounder Andy Rubin. By September 2008, T-Mobile launched the G1, the first phone using Android software and, by 2010, 17.2% of the handset market consisted of Android sales, overtaking Apple for the first time. Android became the world's most popular mobile operating system shortly afterward.
Assumption of CEO position at Google
Following a January 2011 announcement, Page officially became the chief executive of Google on April 4, 2011, while Schmidt stepped down to become executive chairman. By this time, Google had over $180 billion market capitalization and more than 24,000 employees.
After Schmidt announced the end of his tenure as CEO on January 20, 2011, he jokingly tweeted on Twitter: "Adult-supervision no longer needed." Quartz organizational management reporter, Max Nisen, described the decade prior to Page's second appointment as Google's CEO as his "lost decade." While Page continued to exert a significant influence at Google during this time, overseeing product development and other operations, he became increasingly disconnected and less responsive over time.
2011–2013
As Google's new CEO, Page's two key goals were the development of greater autonomy for the executives overseeing the most important divisions, and higher levels of collaboration, communication, and unity among the teams. Page also formed what the media called the "L-Team", a group of senior vice-presidents who reported directly to him and worked in close proximity to his office for a portion of the working week. Additionally, he reorganized the company's senior management, placing a CEO-like manager at the top of Google's most important product divisions, including YouTube, AdWords, and Google Search.
In accordance with a more cohesive team environment, Page declared a new "zero tolerance for fighting" policy that contrasted with his approach during the early days of Google, when he would use his harsh and intense arguments with Brin as an exemplar for senior management. Page had changed his thinking during his time away from the CEO role, as he eventually arrived at the conclusion that his greatly ambitious goals required a harmonious team dynamic. As part of Page's collaborative rejuvenation process, Google's products and applications were consolidated and underwent an aesthetic overhaul.
Changes and consolidation process
At least 70 of Google's products, features and services were eventually shut down by March 2013, while the appearance and nature of the remaining ones were unified. Jon Wiley, lead designer of Google Search at the time, codenamed Page's redesign overhaul, which officially commenced on April 4, 2011, "Project Kennedy", based on Page's use of the term "moonshots" to describe ambitious projects in a January 2013 Wired interview. An initiative named "Kanna" previously attempted to create a uniform design aesthetic for Google's range of products, but it was too difficult at that point in the company's history for one team to drive such change. Matias Duarte, senior director of the Android user experience when "Kennedy" started, explained in 2013 that "Google passionately cares about design." Page proceeded to consult with the Google Creative Lab design team, based in New York City, to find an answer to his question of what a "cohesive vision" of Google might look like.
The eventual results of "Kennedy" which were progressively rolled out from June 2011 until January 2013, were described by The Verge technology publication as focused upon "refinement, white space, cleanliness, elasticity, usefulness, and most of all simplicity." The final products were aligned with Page's aim for a consistent suite of products that can "move fast", and "Kennedy" was called a "design revolution" by Duarte. Page's "UXA" (user/graphics interface) design team then emerged from the "Kennedy" project, tasked with "designing and developing a true UI framework that transforms Google's application software into a beautiful, mature, accessible and consistent platform for its users." Unspoken of in public, the small UXA unit was designed to ensure that "Kennedy" became an "institution."
Acquisition strategy and new products
When acquiring products and companies for Google, Page asked whether the business acquisition passed the toothbrush test as an initial qualifier, asking the question "Is it something you will use once or twice a day, and does it make your life better?". This approach looked for usefulness above profitability, and long-term potential over near-term financial gain, which has been noted as rare in business acquiring processes.
With Facebook's influence rapidly expanding during the start of Page's second tenure, he finally responded to the intensive competition with Google's own social network, Google+, in mid-2011. After several delays, the social network was released through a very limited field test and was led by Vic Gundotra, Google's then senior vice president of social.
In August 2011, Page announced that Google would spend $12.5 billion to acquire Motorola Mobility. The purchase was primarily motivated by Google's need to secure patents to protect Android from lawsuits by companies including Apple Inc. Page wrote on Google's official blog on August 15, 2011 that "companies including Microsoft and Apple are banding together in anti-competitive patent attacks on Android. The United States Department of Justice had to intervene in the results of one recent patent auction to 'protect competition and innovation in the open source software community' ... Our acquisition of Motorola will increase competition by strengthening Google's patent portfolio, which will enable us to better protect Android from anti-competitive threats from Microsoft, Apple and other companies". In 2014, Page sold Motorola Mobility for $2.9 billion to Personal Computer maker, Lenovo which represented a loss in value of $9.5 billion over two years.
Page also ventured into hardware and Google unveiled the Chromebook in May 2012. The hardware product was a laptop that ran on a Google operating system, Chrome OS.
2013–2015
In January 2013, Page participated in a rare interview with Wired, in which writer Steven Levy discussed Page's "10X" mentality—Google employees are expected to create products and services that are at least 10 times better than those of its competitors—in the introductory blurb. Astro Teller, the head of Google X, explained to Levy that 10X is "just core to who he [Page] is", while Page's "focus is on where the next 10X will come from." In his interview with Levy, Page referred to the success of YouTube and Android as examples of "crazy" ideas that investors were not initially interested in, saying: "If you're not doing some things that are crazy, then you're doing the wrong things." Page also stated he was "very happy" with the status of Google+, and discussed concerns over the Internet in relation to the SOPA bill and an International Telecommunication Union proposal that had been recently introduced:... I do think the Internet's under much greater attack than it has been in the past. Governments are now afraid of the Internet because of the Middle East stuff, and so they're a little more willing to listen to what I see as a lot of commercial interests that just want to make money by restricting people's freedoms. But they've also seen a tremendous user reaction, like the backlash against SOPA. I think that governments fight users' freedoms at their own peril.At the May 2013 I/O developers conference in San Francisco, Page delivered a keynote address and said "We're at maybe 1% of what is possible. Despite the faster change, we're still moving slow relative to the opportunities we have. I think a lot of that is because of the negativity ... Every story I read is Google vs someone else. That's boring. We should be focusing on building the things that don't exist" and that he was "sad the Web isn't advancing as fast as it should be", citing a perceived focus on negativity and zero-sum games among some in the technology sector as a cause. In response to an audience question, Page noted an issue that Google had been experiencing with Microsoft, whereby the latter made its Outlook program interoperable with Google but did not allow for backward compatibility—he referred to Microsoft's practice as "milking off". During the question-and-answer section of his keynote, Page expressed interest in Burning Man, which Brin had previously praised—it was a motivating factor for the latter during Schmidt's hiring process, as Brin liked that Schmidt had attended the week-long annual event.
In September 2013, Page launched the independent Calico initiative, a R&D project in the field of biotechnology. Google announced that Calico seeks to innovate and make improvements in the field of human health, and appointed Art Levinson, chairman of Apple's board and former CEO of Genentech, to be the new division's CEO. Page's official statement read: "Illness and aging affect all our families. With some longer term, moonshot thinking around healthcare and biotechnology, I believe we can improve millions of lives."
Page participated in a March 2014 TedX conference that was held in Vancouver, British Columbia, Canada. The presentation was scripted by Page's chief PR executive Rachel Whetstone, and Google's CMO Lorraine Twohill, and a demonstration of an artificially intelligent computer program was displayed on a large screen.
Page responded to a question about corporations, noting that corporations largely get a "bad rap", which he stated was because they were probably doing the same incremental things they were doing "50 or 20 years ago". He went on to juxtapose that kind of incremental approach to his vision of Google counteracting calcification through driving technology innovation at a high rate. Page mentioned Elon Musk and SpaceX:He [Musk] wants to go to Mars to back up humanity. That's a worthy goal. We have a lot of employees at Google who've become pretty wealthy. You're working because you want to change the world and make it better ... I'd like for us to help out more than we are.Page also mentioned Nikola Tesla with regard to invention and commercialization:Invention is not enough. [Nikola] Tesla invented the electric power we use, but he struggled to get it out to people. [You have to] combine both things ... invention and innovation focus, plus ... a company that can really commercialize things and get them to people.Page announced a major management restructure in October 2014 so that he would no longer need to be responsible for day-to-day product-related decision making. In a memo, Page said that Google's core businesses would be able to progress in a typical manner, while he could focus on the next generation of ambitious projects, including Google X initiatives; access and energy, including Google Fiber; smart-home automation through Nest Labs; and biotechnology innovations under Calico. Page maintained that he would continue as the unofficial "chief product officer". Subsequent to the announcement, the executives in charge of Google's core products reported to then Google Senior Vice President Sundar Pichai, who reported directly to Page.
In a November 2014 interview, Page stated that he prioritized the maintenance of his "deep knowledge" of Google's products and breadth of projects, as it had been a key motivating factor for team members. In relation to his then role as the company's CEO, Page said: "I think my job as CEO—I feel like it's always to be pushing people ahead."
On August 10, 2015, Page announced on Google's official blog that Google had restructured into a number of subsidiaries of a new holding company known as Alphabet Inc with Page becoming CEO of Alphabet Inc and Sundar Pichai assuming the position of CEO of Google Inc. In his announcement, Page described the planned holding company as follows:Alphabet is mostly a collection of companies. The largest of which, of course, is Google. This newer Google is a bit slimmed down, with the companies that are pretty far afield of our main Internet products contained in Alphabet instead. ... Fundamentally, we believe this allows us more management scale, as we can run things independently that aren't very related.As well as explaining the origin of the company's name:We liked the name Alphabet because it means a collection of letters that represent language, one of humanity's most important innovations, and is the core of how we index with Google search! We also like that it means alpha‑bet (Alpha is investment return above benchmark), which we strive for!Page wrote that the motivation behind the reorganization is to make Google "cleaner and more accountable." He also wrote that there was a desire to improve "the transparency and oversight of what we're doing" and to allow greater control of unrelated companies previously within the Google ecosystem.
Page has not been on any press conferences since 2015 and has not presented at product launches or earnings calls since 2013. The Bloomberg Businessweek termed the reorganization into Alphabet as a clever retirement plan allowing Page to retain control over Google, at the same time relinquishing all responsibilities over it. Executives at Alphabet describe Page as a "futurist" , highly detached from day-to-day business dealings and more focused on moon-shot projects. While some managers of Alphabet companies speak of Page as intensely involved, others say that his rare office check-ins are "akin to a royal visit" .
2019
On December 3, 2019, Larry Page announced that he will step down from the position of Alphabet CEO and would be replaced by Google CEO Sundar Pichai. Pichai will also continue as Google CEO. Page and Google co-founder and Alphabet president Sergey Brin announced the change in a joint blog post, "With Alphabet now well-established, and Google and the Other Bets operating effectively as independent companies, it’s the natural time to simplify our management structure. We’ve never been ones to hold on to management roles when we think there’s a better way to run the company. And Alphabet and Google no longer need two CEOs and a President."
Other interests
Page is an investor in Tesla Motors. He has invested in renewable energy technology, and with the help of Google.org, Google's philanthropic arm, promotes the adoption of plug-in hybrid electric cars and other alternative energy investments. He is also a strategic backer in the Opener startup which is developing aerial vehicles for consumer travel.
Page is also interested in the socio-economic effects of advanced intelligent systems and how advanced digital technologies can be used to create abundance (as described in Peter Diamandis' book), provide for people's needs, shorten the workweek, and mitigate the potential detrimental effects of technological unemployment.
Page also helped to set up Singularity University, a transhumanist think-tank.
Google is one of the institution's corporate founders and still funds scholarships at Singularity University.
Personal life
In 2007, Page married Lucinda Southworth on Necker Island, the Caribbean island owned by Richard Branson. Southworth is a research scientist and the sister of actress and model Carrie Southworth. Page and Southworth have two children, born in 2009 and 2011.
On February 18, 2005, Page bought a Spanish Colonial Revival architecture house in Palo Alto, California designed by American artistic polymath Pedro Joseph de Lemos, a former curator of the Stanford Art Museum and founder of the Carmel Art Institute, after the historic building had been on the market for years with an asking price of US$7.95 million. A two-story stucco archway spans the driveway and the home features intricate stucco work, as well as stone and tile in California Arts and Crafts movement style built to resemble de Lemos's family's castle in Spain. The hacienda was constructed between 1931 and 1941 by de Lemos. It is also on the National Register of Historic Places.In 2009 Page began purchasing properties and tearing down homes adjacent to his home in Palo Alto to make room for a large ecohouse. The existing buildings were "deconstructed" and the materials donated for reuse. The ecohouse was designed to "minimize the impact on the environment." Page worked with an arborist to replace some trees that were in poor health with others that used less water to maintain. Page also applied for Green Point Certification, with points given for use of recycled and low or no-VOC (volatile organic compound) materials and for a roof garden with solar panels. The house's exterior features zinc cladding and plenty of windows, including a wall of sliding-glass doors in the rear. It includes eco-friendly elements such as permeable paving in the parking court and a pervious path through the trees on the property. The 6,000-square-foot (560m²) house also observes other green home design features such as organic architecture building materials and low volatile organic compound paint.
In 2011, Page bought the $45-million 193-foot (59m) superyacht 'Senses'. 'Senses' has extensive ocean exploration capabilities, the superyacht was created to explore the world's oceans in comfort and it carries a comprehensive inventory of equipment for that purpose. 'Senses' was built by Fr. Schweers Shipyard in (Germany) at their Berne shipyard. 'Senses' features a displacement steel hull and a steel/aluminium superstructure, with teak decks. 'Senses' is equipped with an ultra-modern stabilization system which reduces the free surface effect and results in a smoother cruising experience underway.
Page announced on his Google+ profile in May 2013 that his right vocal cord is paralyzed from a cold that he contracted the previous summer, while his left cord was paralyzed in 1999. Page explained that he has been suffering from a vocal cord issue for 14 years, and, as of his May 2013 post, doctors were unable to identify the exact cause. The Google+ post also revealed that Page had donated a considerable sum of money to a vocal-cord nerve-function research program at the Voice Health Institute in Boston, US. The program, at Massachusetts General Hospital, is led by Steven Zeitels, the Eugene B. Casey Professor of Laryngeal Surgery. An anonymous source stated that the donation exceeded $20 million.
In October 2013, Business Insider reported that Page's paralyzed vocal cords are caused by an autoimmune disease called Hashimoto's thyroiditis, and prevented him from undertaking Google quarterly earnings conference calls for an indefinite period.
In November 2014, Page's family foundation, the Carl Victor Page Memorial Fund, reportedly holding assets in excess of a billion dollars at the end of 2013, gave $15 million to aid the effort against the Ebola virus epidemic in West Africa. Page wrote on his Google+ page that "My wife and I just donated $15 million ... Our hearts go out to everyone affected."
Awards and accolades
1998–2009
PC Magazine has praised Google as among the Top 100 Web Sites and Search Engines (1998) and awarded Google the Technical Excellence Award for Innovation in Web Application Development in 1999. In 2000, Google earned a Webby Award, a People's Voice Award for technical achievement, and in 2001, was awarded Outstanding Search Service, Best Image Search Engine, Best Design, Most Webmaster Friendly Search Engine, and Best Search Feature at the Search Engine Watch Awards.
In 2002, Page was named a World Economic Forum Global Leader for Tomorrow and along with Brin, was named by the Massachusetts Institute of Technology (MIT)'s Technology Review publication as one of the top 100 innovators in the world under the age of 35, as part of its yearly TR100 listing (changed to "TR35" after 2005).
In 2003, both Page and Brin received an MBA from IE Business School, in an honorary capacity, "for embodying the entrepreneurial spirit and lending momentum to the creation of new businesses."
In 2004, they received the Marconi Foundation's prize and were elected Fellows of the Marconi Foundation at Columbia University. In announcing their selection, John Jay Iselin, the Foundation's president, congratulated the two men for "their invention that has fundamentally changed the way information is retrieved today."
Page and Brin were also Award Recipients and National Finalists for the EY Entrepreneur of the Year Award in 2003.
Also in 2004, X PRIZE chose Page as a trustee of their board and he was elected to the National Academy of Engineering.
In 2005, Brin and Page were elected Fellows of the American Academy of Arts and Sciences.
In 2008 Page received the Communication Award from King Felipe at the Princess of Asturias Awards on behalf of Google.
2009–present
In 2009, Page received an honorary doctorate from the University of Michigan during a graduation commencement ceremony. In 2011, he was ranked 24th on the Forbes list of billionaires, and as the 11th richest person in the U.S.
In 2015, Page's "Powerful People" profile on the Forbes site states that Google is "the most influential company of the digital era".
As of July 2014, the Bloomberg Billionaires Index lists Page as the 17th richest man in the world, with an estimated net worth of $32.7 billion.
At the completion of 2014, Fortune magazine named Page its "Businessperson of the Year", declaring him "the world's most daring CEO".
In October 2015, Page was named number one in Forbes' "America's Most Popular Chief Executives" , as voted by Google's employees.
In August 2017, Page was awarded honorary citizenship of Agrigento, Italy.
References
External links
Larry Page at Bloomberg L.P.
Larry Page on Forbes
Category:1973 births
Category:American billionaires
Category:American computer businesspeople
Category:American computer scientists
Category:American corporate directors
Category:American people of Jewish descent
Category:American technology chief executives
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Category:Businesspeople from Michigan
Category:Businesspeople in information technology
Category:Businesspeople in software
Category:Directors of Google
Category:Fellows of the American Academy of Arts and Sciences
Category:Google employees
Category:Internet pioneers
Category:Jewish inventors
Category:Life extensionists
Category:Living people
Category:Members of the United States National Academy of Engineering
Category:People from Palo Alto, California
Category:People from East Lansing, Michigan
Category:Stanford University alumni
Category:University of Michigan alumni
Category:Webby Award winners
Category:Alphabet Inc. people
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Although these breads are made in a conventional oven, they can just as easily be made in your wood-fired oven without the Dutch oven cloche. I would use a little more flour than Jim does because I believe you'll then find the dough much less messy to handle
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2nd Texas health-care worker tests positive for Ebola
A second health-care worker in Texas who cared for Thomas Eric Duncan has tested positive for Ebola, according to preliminary results.
In a release Wednesday, Texas Department of State Health Services said the unidentified woman, believed to be a nurse, “reported a fever Tuesday and was immediately isolated at the hospital.”
The test was run late Tuesday at the state public health laboratory in Austin, and results came in around midnight.
“Confirmatory testing” will be conducted by the Centers for Disease Control and Prevention (CDC) in Atlanta, the statement read.
According to officials, the worker was put in isolation at Texas Health Presbyterian within 90 minutes after she found she had an elevated temperature.
It’s not yet known how she contracted the virus, and officials have not said what type of care she provided for Duncan.
Health officials said anyone who had contact with the woman after symptoms appeared will be monitored. People are not contagious before symptoms develop.
Officials said the health-care worker was on Frontier Airlines flight 1143 from Cleveland to Dallas-Fort Worth on Monday, the day before she was diagnosed with Ebola.
The flight’s crew said the woman did not show symptoms of Ebola during the flight. However, she developed a fever by Tuesday morning. Officials said the health-care worker was monitoring herself for symptoms.
The CDC is asking the passengers who travelled on the flight to call 1-800-CDC-INFO so they can be monitored.
On Saturday, Nina Pham, 26, a nurse who cared for Duncan tested positive for Ebola. Her condition is being described as stable.
However, questions are being raised over the protocols in place at the hospital where she contracted Ebola. The National Nurses United union claims health-care workers were in contact with Duncan for days without proper protective gear.
Duncan, who died on Oct. 8, was the first person to die of Ebola in the United States. The Liberian national arrived in Dallas on Sept. 20 from Liberia and was admitted to hospital on Sept. 28, where he was kept in isolation.
There have been no cases of Ebola in Canada and officials say the risk of it here is very low.
This week, two patients in Ottawa and Belleville were being isolated and monitored as a precaution because they showed Ebola-like symptoms. Both have tested negative for Ebola.
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We've been told by Q to look into the wives and I mentioned the other night I didnt think we were really finished digging in that hole. Lo and Behold Ive got a real special one for you today. Nope nothing wrong with her being in this picture at all except for EVERYTHING.
Lets learn a little about Mrs. Lisa H. Barsoomian background.
Lisa H Barsoomian a US Attorney that graduated from Georgetown Law she’s a protege of James Comey and Robert Muller
Barsoomian with her boss R Craig Lawrence represented Bill Clinton in 1998 Lawrence also represented
Robert Muller three times
James Comey five times
Barack Obama 45 times
Kathleen Sebelius 56 times
Bill Clinton 40 times and
Hillary Clinton 17 times
between 1998 and 2017
Barsoomian herself represented the FBI at least five times
You may be saying to yourself, okay who cares, who cares about the work history of this Barsoomian woman.
Apparently someone does.
Someone out there cares so much that they’ve purged all Barsoomian court documents for her Clinton representation in Hamburg vs. Clinton in 1998 and its appeal in 1999 from the DC District and Appeals court dockets
Someone out there cares so much that the internet has been purged of all information pertaining to Barsoomian.
Historically this indicates that the individual is a protected CIA operative.
Additionally Lisa Barsoomian has specialized in opposing Freedom of Information Act requests on behalf of the intelligence community
And although Barsoomian has been involved in hundreds of cases representing the DC Office of the US Attorney her email address is Lisa Barsoomian at NIH gov.
The NIH stands for National Institutes of Health.
This is a tactic routinely used by the CIA to protect an operative by using another government organization to shield their activities.
It’s a cover, so big deal right, I mean what does one more attorney with ties to the US intelligence community really matter.
I mean with Trump and his
recent tariffs on Chinese steel and aluminum imports,
the border wall,
DACA,
everything coming out of California,
the Uniparty unrelenting opposition to President Trump,
the Clapper leaks,
the Comey leaks,
Attorney General Jeff Sessions recusal and subsequent 14 month nap with occasional forays into the marijuana legalization mix,
and last but not least Muller’s never-ending investigation into collusion between the Trump team and the Russians
Why does Barsoomian, CIA operative, merit any mention?
BECAUSE
She is Assistant Attorney General Rod Rosenstein’s WIFE
That’s why.
Barsoomian’s loyalties are tainted.
How could this not have influenced Rosenstein?
This clearly violates the appearance of impropriety attorney’s rules?
Both owe their careers as US attorneys to Muller, Obama, Bush, and the Clintons.
impartiality? that’s impossible.
Rod Rosenstein has no business involving himself in the Hillary Clinton-DNC funded Steel dossier, and the ongoing Russia investigation.
Much less the selection of his mentor and his wife’s mentor Robert Muller as Special Counsel.
The rules of ethics, funny, required his refusal."
https://americans4innovation.blogspot.com/2017/05/proof-robert-mueller-cannot-be.html#rosenstein-conflict
https://www.fbcoverup.com/docs/library/2017-05-22-Lisa-Barsoomian-represented-William-J-Clinton-98-cv-01459-TPJ-06-11-1998-PACER-accessed-May-22-2017.pdf
https://www.fbcoverup.com/docs/library/2017-05-20-R-Craig-Lawrence-DC-Appeals-Court-Docket-PACER-accessed-May-20-2017.pdf
How do you like them apples?
If you like my work and would like to help keep the site AD FREE, you can donate to MY PAYPAL or you can become A PATRON of this Site My sincerest Thanks for you support
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Tuesday, January 10, 2012 7:55:20 AMGerry I disagree. Yes people do make mistakes. However, what she said didn't make sense and even though we can figure out the word she probably meant, she obviously couldn`t. It really sounds like she was trying to use a big word that she heard someone say once, and she got it wrong. Saying it wrong once would be a gaffe, saying it more than once is just showing her lack of intelligence.
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Online dating ei ole koskaan kokous
quick swipe right to get it perfect. There is some evidence that people focus on the most superficial aspects of their potential romantic partners at the earliest stages of the relationship and later on those things don't matter so much." Follow Angus on Twitter. Say yes to maybe. Of course, making contact with dates online is only the first step in courtship. If your messages come from people who have themselves received lots of messages, that makes make you more desirable, according to the study. Take the scientific test to see if you can build the perfect dating profile. Laurie Davis, edwards to share her thoughts on the good and bad of finding love on the web. Previous research has shown that when people are able to spend proper time together, their characters become far more important than the superficial information that they receive on a dating app. Its what will attract your next and hopefully last love. To gain access beyond that, we needed to spend a significant amount of time creating new connections. Decline and Visit Plain Text Site.
Internet dating: 10 things I ve learned from looking for love online
My husband and I met on Twitter even though we grew up two towns away from each other. Access has created a paradox of choice. Tästä voisi syntyä jotakin mukavaa ja bluesahtavaa, ja niinhän siinä sitten kävi. Before online dating, we dated within our immediate communities. Which is better depends upon what your goals are.".
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---
abstract: |
*Dated:*\
Stochastic Thermodynamics (ST) extends the notions of classical thermodynamics to trajectories taken from a nonequilibrium ensemble. This extension yields a simple approach to fluctuation relations in small systems. Multiple time- and length scales play an important role for measurements but also for the foundations of nonequilibrium statistical mechanics. Here, under the assumptions of local equilibrium we derive the trajectory functionals of ST in the context of reversible deterministic thermostats. Further, the connection to previous work is made.
[*Keywords*]{}: Stochastic thermodynamics, entropy, information theory, reversible thermostats, entropy production.
address: 'Max Planck Institute for Dynamics and Self-Organization, Göttingen, Germany'
author:
- Bernhard Altaner
bibliography:
- '/home/baltaner/bib/noneq/noneq.bib'
- '/home/baltaner/bib/misc/misc.bib'
title: 'Stochastic Thermodynamics, Reversible Dynamical Systems and Information Theory'
---
Introduction
============
Microscopic Basics
==================
Stochastic Thermodynamics
=========================
Deterministic Thermostatted Dynamics
====================================
Dynamical Notions of Entropy and Information
============================================
Conclusion
==========
The author wants to thank Lamberto Rondoni, Jürgen Vollmer, Thomas Frerix and Artur Wachtel for many fruitful discussions. Further, I am indebted to Artur Wachtel and Lukas Geyrhofer for comments on the manuscript.
References {#references .unnumbered}
==========
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What better subject to exalt in this first, our creature feature, than the Common Crow?
North American Crows (Corvus brachyrhynchos)are familiar over much of lower Canada, Continental US, and northern Mexico: large, intelligent, all-black birds with hoarse, cawing voices. They are commonly arboreal, but frequently jet-setters. They are opportunistic feeders, diligent scavengers, and feared succubi.
Wild crows can recognize individual people. They can pick a person out of a crowd, follow them, and remember them apparently for years. This is hardly a problem for them, as they can live to be nearly 15 years old. I often wonder if I were to return to the suburb where I grew up – its once forested acres now marred with TGI Fridays,Gas Stations and Muli-Plexes – one such crow would remain and remember me. I had rescued the nestling while it was being picked on by a gang of other birds, hopping around uselessly on the forest floor. When I brought it home (thinking it would get on just fine with our three parakeets) all my mother could manage to say was, ” Dear god, why did you bring that evil thing into our house??”
Contrary to this common belief, Crows are far from evil and have been revered across several cultures and religions, from Native American to Hindu. Their larger cousin, the Raven, was in fact the first bird released by Noah from the ark, only followed by a dove when the raven decided not to come back.
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How it works
PATTERN DETAILS
I was inspired to design this pattern after a friend asked me about zombie items for sale on the internet. As my nickname is TheCrochetZombie, I figured I could create something fun for all ages.
BASIC SKILLS NECESSARY
Chain
Single Crochet
Half Double Crochet
Slip Stitch
Single Crochet Decrease
GAUGE
Gauge is not needed
SUGGESTED YARN
8 ounces of Worsted weight
PREFERRED BRAND/YARN
Red Heart Super Saver
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A. B. Bloom: Gravity ~Cover Reveal
Gravity
They are calling it the End of Days. The world is plunging into darkness, the days growing shorter and the nights longer. Meteor showers are falling to the earth and there are some who would take advantage of the growing darkness.
For sixteen year old Bronte Bell, her problems are closer to home. Since her birthday she’s become weaker, her bones breaking, her hair falling out and plagued with constant migraines. No one can explain why. Until a mysterious new boy arrives and tells her that everything is not as it seems. She is not what she seems.
Drawn into a war that divides the sky, Bronte is torn between her desire to save the world and her growing connection with Nick. But she will have to let go of reality as she knows it, if she is to accept her role in destiny before the Hunter, who has been tracking her since birth, finds and destroys any chance she has of making the choice which is her birthright to make.
Her destiny will change everything . . .
About A. B. Bloom
Anna Bloom is a contemporary romance writer who writes about life as it happens. Combining a busy schedule of looking after two small children whilst working in a local school and completing The Uni Files series. Anna’s main aim in life is to create the perfect book which makes a reader laugh and cry at the same time, hopefully causing a convulsive (impossible to ignore) donkey noise. It’s a work in progress! Anna also spends a lot of time imagining kissing hot guys – all in the name of her art.
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675 F.Supp.2d 881 (2009)
Jacob KRIPPELZ, Sr., Plaintiff,
v.
FORD MOTOR COMPANY, Defendant.
No. 98 C 2361.
United States District Court, N.D. Illinois, Eastern Division.
November 18, 2009.
*884 James D. Ryndak, Catherine Lee Gemrich, Eric H. Weimers, Mark K. Suri, Ryndak & Suri LLP, Chicago, IL, Adam K. Mortara, Hamilton H. Hill, Mark Edward Ferguson, Martha M. Pacold, Bartlit Beck Herman Palenchar & Scott LLP, David L. Schwartz, Wallenstein Wagner & Rockey, Ltd., Chicago, IL, for Plaintiff.
Alfred M. Swanson, Jr., Greene & Letts, Edward L. Foote, Peter Charles McCabe, III, Winston & Strawn LLP, Chicago, IL, Daniel M. Stock, Frank A. Angileri, John S. Le Roy, Seth E. Rodack, Thomas A. Lewry, Brooks Kushman PC, Southfield, MI, for Defendant.
*885 FINDINGS OF FACT AND CONCLUSIONS OF LAW
JAMES B. ZAGEL, District Judge.
INTRODUCTION
This case involves Defendant Ford Motor Company's "puddle lamps." Krippelz is the sole inventor and owner of U.S. Patent No. 5,017,903. (PX1, "the '903 patent.") The puddle lamps installed on many of Ford's most popular vehicles infringe claim 2 of the '903 patent. Krippelz sued Ford on April 16, 1998 for infringement of the '903 patent. (Dkt. No. 1, 4/16/98 Complaint.)
This Court granted Krippelz's motion for summary judgment of infringement of all accused models on November 21, 2008. (11/21/08 Hr'g Tr. 9:24-19:11.) The parties tried the issues of invalidity and damages to a jury. At the end of a five-day trial, the jury found the '903 patent valid and awarded Krippelz $23 million in damages.
Before the jury trial, the parties agreed to try the issue of willful patent infringement separately to the Court rather than to the jury. (Dkt. No. 395, 12/5/08 Stipulation Regarding Trial of Willful Infringement To The Court.) The parties further agreed to present the issue by way of written submissions rather than by live evidence. (Dkt. No. 418, 12/16/08 Parties' Joint Motion To Set A Briefing Schedule Regarding Willful Infringement.) The parties briefed the issue of whether Ford's infringement was willful and the Court heard oral argument on March 10, 2009.
Following are findings of fact and conclusions of law addressing Ford's liability for willful infringement. To the extent that any conclusions of law may be deemed findings of fact, or vise versa, they should be considered as such, and the labels used herein need not be controlling. See 9C Wright & Miller, Federal Practice & Procedure, § 2579 (3d ed. 2008).
These findings of fact and conclusions of law address only whether Ford's infringement was willful, and not what enhancement of damages is appropriate as a consequence of Ford's conduct. The Court will consider the amount of enhancement separately.
LEGAL STANDARD
1. Willful infringement is an issue of fact. Stryker Corp. v. Intermedics Orthopedics, Inc., 96 F.3d 1409, 1413 (Fed. Cir.1996).
2. The current law of willful infringement is found in the en banc case of In re Seagate Tech., LLC, 497 F.3d 1360 (Fed.Cir.2007), which overruled precedent that established a principle of willful conduct which was closely akin to a negligence rule, since it imposed upon an infringer a duty of due care to avoid infringement, and defined a new standard:
[T]o establish willful infringement, a patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent. The state of mind of the accused infringer is not relevant to this objective inquiry. If this threshold objective standard is satisfied, the patentee must also demonstrate that this objectively-defined risk (determined by the record developed in the infringement proceeding) was either known or so obvious that it should have been known to the accused infringer.
497 F.3d at 1371 (citation omitted).
3. Under Seagate, "proof of willful[ness]... requires at least a showing of objective recklessness." Id.
4. The Federal Circuit left it to future cases to develop the ways in which the standard should be applied. Id.
*886 5. Some opinions refer to the question to be determined after the objective risk threshold is crossed as the subjective aspect of the test. The Court thinks of it as the state of mind issue since, in law, state of mind includes both actual states of mind (knowing) and inferred states of mind (should have known means known). Under the Seagate standard, both "knowing" and "should have known" are legally culpable states of mind. Thus, if a reasonable party in Ford's position would have believed that Ford was infringing a valid patent, then Ford's infringement was willful.
6. While it is true that the law no longer imposes on a potential infringer an "affirmative duty to exercise due care to determine whether or not he is infringing," Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380, 1389 (Fed. Cir.1983), overruled by Seagate, 497 F.3d at 1371, Seagate does not require that the Court ignore the record. To the contrary, Seagate dictates that objective recklessness be determined by reference to the record developed in the infringement proceeding. 497 F.3d at 1371 ("objectively-defined risk" is "determined by the record developed in the infringement proceeding").
7. Claims of willful infringement are governed by the circumstances at each stage of the defendant's infringement. The first stage customarily begins when the inventor sends the alleged infringer some form of notice of his, her, or its invention, either as part of a cease-anddesist demand or an offer to sell one or all of the owner's patent rights. The second stage usually begins at a point soon after the lawsuit is filed. Other stages may commence after a decision on reexamination, particular rulings by the court, or the return of a verdict of infringement.
8. To the extent that Ford offers evidence, as an infringer may be entitled to do,[1] that its heart was pure on the issue of infringement even if its head was empty, it is beyond the boundaries defined by the way this case was tried.
9. In other words, while Ford says it is defending this motion only on the basis of objective indicia (Dkt. No. 442, 2/6/09 Ford Motor Co.'s Br. Opposing Krippelz's Request For A Finding Of Willful Infringement ("Ford Br.") 7-8), and relies on the argument that certain views, positions, or courses of conduct were "objectively" reasonable, Ford's brief also includes statements directed to Ford's actual state of mind. Such argument is not entitled to any weight, as there is no evidence of what "Ford believed," or otherwise indicating the subjective state of mind of any Ford decision maker.
10. Subjective state-of-mind evidence was discussed earlier in the case, but Ford did not offer the testimony of the actual state-of-mind witness that it named in pre-trial proceedings. Indeed, Ford did not offer the testimony of any witness on this subject.
11. Ford represented to the Court that former Ford attorney Daniel Stock could explain Ford's decision to continue infringing Krippelz's patent:
And secondly, and so there is nobody who has the ties back to '98 other than Dan Stock throughout thisfor this lawsuit. There is nobody who has this big *887 picture of knowledge of what happened and why. And, ultimately, it was Dan Stock's decision to either, you know, allow people to go forward with these Puddle Lamps or tell them no, you can't do this, because we have problems. And in that sense, he made the decision. There is nobody that relied on it in any sense other than Dan says, yes, go do it, or Dan says, no, don't do it because we've got problems.
(Ex. AA To Nonrestricted Exhibits Certification,[2] 12/3/08 Hr'g Tr. 17:22-18:6.)
12. Ford did not offer Mr. Stock's testimony, and thus cannot ask the Court to consider "what Ford saw with its own eyes" or what "Ford believed." (See, e.g., Ford Br. 2 ("Ford continued to believe...") 20 (what "Ford Saw With Its Own Eyes") 25 ("Ford disclosed to Krippelz several prior art references that Ford believed invalidated claim 2"), 29 n. 20 ("Ford believed that Miazzo and DuBois were enough"), 33 ("Ford did not believe that it was infringing Krippelz's patent").) Ford's arguments referring to what Ford employees and agents believed or did not believe are not evidence and therefore are given no weight.
FINDINGS OF FACT AND CONCLSIONS OF LAW
13. To organize the discussion of the voluminous evidence in a comprehensible format, the Court uses the four stages that Krippelz suggested; they seem reasonable as dividing lines in this case. They are: (1) the period from the issuance of the Krippelz patent in 1991 through Ford's first disclosure of its invalidity defenses in March 1999; (2) the period from March 1999 through the Board of Patent Appeals' confirmation of the '903 patent's claims in February 2002; (3) the period from the Board's February 2002 decision through Ford's disclosure of its trial invalidity defenses in April 2007; and (4) the period from April 2007 through the end of trial.
14. As set forth below in more detail, the Court finds that Krippelz has shown by clear and convincing evidence that Ford willfully infringed the '903 patent throughout periods 1 through 3.
15. When Ford's conduct is viewed in its totality throughout periods 1-3, the evidence clearly and convincingly demonstrates that (1) Ford, "acted despite an objectively high likelihood that its actions constituted infringement" of Krippelz's valid patent, and (2) this objectively defined risk was so obvious that it should have been known to Ford. Seagate, 497 F.3d at 1371.
16. The Court finds that Krippelz has not shown by clear and convincing evidence that Ford willfully infringed the '903 patent in period 4.
I. Period 1: Prelitigation Through March 1999
17. Period 1 includes the time before the suit was filed in April 1998 (the time beginning with the issuance of the patent in 1991) and ends in late March 1999 when *888 Ford disclosed its first set of prior art that Ford alleged invalidated the Krippelz patent.
A. Ford Knew Of The Krippelz '903 Patent Shortly After It Issued In 1991, Before Ford Began Selling Puddle Lamps
18. Beginning in period 1, Ford had actual knowledge of the Krippelz patent.
19. Krippelz sent a copy of his '903 patent to Ford soon after it issued in 1991. Krippelz testified without challenge that he notified Ford of his patent by sending it to Ford soon after the patent issued in 1991. (12/10/08 Trial Tr. 397:14-23.) Ford did not object to or dispute Krippelz's testimony at trial. Ford counsel did not cross-examine Krippelz on this issue or otherwise rebut Krippelz's testimony.
20. Ford argues that this testimony was "self-serving" and criticizes Krippelz for not retaining a copy of this letter for the intervening six years between the issuance of the '903 patent and Ford's first infringement.[3] (Ford Br. 3-4.) Ford asks the Court to infer that, because Krippelz did not produce the letter that accompanied a copy of his patent, the patent was not sent to Ford.
21. What Krippelz did produce was a draft in which he stated he had applied for a patent (mentioning the application number of the '903 patent) and would tender the patent application if Ford signed a confidentiality agreement. (Ford Br. Ex. 2.) Ford points to the draft letter and argues the draft letter must show that Krippelz never sent a letter to Ford with the issued patent itself. (Ford Br. 3-4 & Ex. 2.)
22. Implicit in the circumstances here is the possibility that the draft letter may never have been sent, perhaps because Krippelz waited for the patent to issue or because the patent issued before the letter was sent. Once the patent issues there is no need for a confidentiality agreement.
23. The Court makes no finding with respect to the draft letter. As noted above, Krippelz testified that he sent the patent and was neither challenged on cross-examination nor confronted with the draft. (12/10/08 Trial Tr. 397:14-23.) Had Ford believed that the draft letter concerning the earlier patent application would have called Krippelz's testimony into question, it could have attempted to bring this out on cross examination.
24. The Court had an opportunity to assess Krippelz's credibility at trial. The Court credits Krippelz's testimony which was offered in the Court's presence. The sending of the patent made good sense for Krippelz. He was not in a position to put his invention into commerce; he did not make automobiles or their parts. His market was automakers and their suppliers. It is quite reasonable that he would send his patent, once issued, to an automaker, and that is what he did.
25. There was no careful internal search for Krippelz's letter.
26. After Krippelz sent Ford his patent, Ford truthfully told Krippelz that it was not interested in Krippelz's invention. (12/10/08 Trial Tr. 397:20-23.) The Court believes that Ford was not, in fact, interested. Ford had not sold lamps of the type Krippelz was suggesting at the time it received the patent. The lamp that Ford did sell was brought to Ford in 1993 by *889 Donnelly, a parts manufacturer that wanted to sell the part to Ford.
27. In sum, the Court finds that Ford was aware of Krippelz's '903 patent shortly after it issued in 1991, well before Krippelz filed this suit in April 1998.
28. Knowledge of the '903 patent is not the same thing as knowledge of the high likelihood that one's actions constituted infringement of a valid patent. However, one is far more likely to know of the infringement risk if one knows of the patent.
29. Ford's puddle lamp supplier Donnelly also had possession of the '903 patent in mid-1993 before it sold a puddle lamp mirror housing to Ford years later. (12/11/08 Trial Tr. 749:17-750:21, 760:21-761:4.) Donnelly had a patent, the '659 patent, that Ford eventually licensed from Donnelly for non-Donnelly supplied puddle lamps, in October 1998. (Ex. B, Donnelly '659 Patent 1.)
30. The '659 patent issued in 1994, before the initiation of this lawsuit. (Id.)
31. Ford had knowledge of the Donnelly '659 patent prior to the initiation of this lawsuit and knew that the Donnelly '659 patent was relevant to the puddle lamp products Ford was selling. Ford sold its first Donnelly-supplied puddle lamp in 1996. (12/9/08 Trial Tr. 217:6-12.)
32. When this lawsuit was filed, two of Ford's suppliers, Donnelly and Britax, were engaged in patent litigation regarding the Donnelly '659 patent as it pertained to sales of the Ford Explorer puddle lamp. (Donnelly Corp. v. Britax Rainsfords Inc., Case No. 1:98-cv-00127-DWM (W.D.Mich.) (filed Feb. 10, 1998)). Britax was a Donnelly competitor. Britax supplied Ford with an allegedly infringing device that Ford was selling.
33. Thus, Ford was aware of the '659 patent before Krippelz filed suit. (See id.; see also Ex. Y To Nonrestricted Exhibits Certification, 7/13/98 Britax Third-Party Complaint Against Ford 5-12, 19-24.)
34. The Donnelly '659 patent, which Ford had prior to the initiation of this suit, lists the Krippelz patent on its face, indicating that the Krippelz patent was potentially relevant to Ford's puddle lamp products. (Ex. B, Donnelly '659 Patent 1.)
35. Ultimately, Ford's examination of the Donnelly '659 patent prompted it to license the patent from Donnelly for sale of the Britax-supplied puddle lamps, ending the dispute between Donnelly and Britax. (Ford Br. Ex. 46.) Ford obtained that license in October 1998. (Id.)
36. Despite the fact that Ford began selling Donnelly-produced puddle lamps in 1996 and licensed the '659 patent in 1998, it still did not investigate the Krippelz patent or look into its prosecution history.
37. The Court finds based on the totality of the facts and circumstances that Ford knew or should have known there was a high degree of risk that it was infringing the Krippelz '903 patent before the litigation began.
1. The Court Need Not Reach Krippelz's Argument That Donnelly's Knowledge Of The Krippelz Patent Is Imputed To Ford
38. Krippelz argues that Ford's supplier, Donnelly, was an agent of Ford, and Donnelly clearly had knowledge of the '903 patent. Krippelz argues that Donnelly's knowledge is imputed to Ford to the extent that Donnelly is indemnifying Ford. (See Dkt. No. 435, 1/16/09 Krippelz's Opening Br. On Willful Infringement ("Krippelz Opening Br.") 5.) Krippelz argues that Ford's standard terms and conditions require patent indemnification from Ford's suppliers. (See Dkt. No. 452, 2/20/09 Krippelz's Reply Br. On Willful Infringement ("Krippelz Reply Br.") 3.) *890 Ford contends that "Donnelly is not an agent of Ford." (Ford Br. 5.)
39. The Court sees no need to reach this issue. The agent's knowledge can be imputed to the principal, although the case law on the point is undeveloped. The premise upon which Krippelz relies is that the knowledge of Donnelly is Ford's knowledge "[t]o the extent that Ford relied on Donnelly to investigate intellectual property issues or indemnify Ford regarding Donnelly's puddle lamp concept." (Krippelz Opening Br. 5.) But that "extent" is not clear to the Court.
40. The evidence shows that Ford requires its suppliers to indemnify it if it must pay infringement damages for use of the supplier's parts. (See Ex. A To Restricted Exhibits Certification, 7/11/07 Damian Porcari Dep. 23:13-24:15 (identifying Porcari Dep. Exs. 2, 3, and 4 as examples of Ford's "global terms and conditions that apply to all of our suppliers"); Ex. C To Restricted Exhibits Certification, Porcari Dep. Ex. 2 at 6 15(a) (example of Ford's standard terms and conditions that it demands from its suppliers requiring the supplier to indemnify Ford against infringement claims); Ex. D To Restricted Exhibits Certification, Porcari Dep. Ex. 3 at 13 § 21 (same); Ex. E To Restricted Exhibits Certification, Porcari Dep. Ex. 4 at 8 15(a) (same).)
41. But this is not necessarily sufficient to find that Ford relied upon the supplier to investigate infringement. Specific reliance on a supplier to investigate infringement is precisely the kind of relationship that can often be deemed one of principal and agent.
42. The expectation that a supplier's self-interest arising from the obligation to indemnify will cause the supplier to check for infringement may not suffice to create agency. The Court sees no need to sort through the details of the relationship and the fuzzy precedent to resolve this question when the Court has found as a fact that Ford had direct knowledge of the '903 patent and its potential relevance to puddle lamps before the initiation of this litigation.
B. Despite Ford's Knowledge Of The Krippelz Patent And Its Relevance To The Puddle Lamp Product, Ford Possessed No Reasonable Infringement Or Invalidity Defense Before Litigation
43. No document produced or privilege log entry reflects any prelitigation investigation by Ford regarding the Krippelz '903 patent. Ford did not (a) investigate the '903 patent to determine possible infringement or invalidity during this period or (b) obtain the '903 prosecution history before this litigation. Ford nevertheless sold puddle lamps starting in 1997 (model year 1998) as an option on Ford Explorers and Mercury Mountaineers, and subsequently on many other models, despite knowledge of the Krippelz patent and its relevance to puddle lamps.
44. The question is whether there was an objectively high likelihood that Ford was infringing a valid patenti.e. whether Ford had reasonable defenses that would indicate Krippelz did not have a high likelihood of prevailing.
1. Infringement: Ford Had No Reasonable Non-Infringement Defense Before March 1999
45. Ford had no objectively reasonable non-infringement defense in period 1.
46. Ford's own System Design Specification for the puddle lamp project indicated that the light from the puddle lamp was to illuminate an area on the ground next to the vehicle, which made the relevance of the Krippelz '903 patent clear. (Ex. D, 1995 Ford System Design Specification at FORD000404.) Ford's second puddle *891 lamp supplier (Truck-Lite Co./Britax) also created design documents that showed that the light from the puddle lamp was to illuminate an area on the ground next to the vehicle. (Ex. C, 1995 Truck-Lite Design Document.)
47. Despite its knowledge of Krippelz's patent, Ford proceeded with its puddle lamp project without performing any technical infringement evaluation of its puddle lamps, nor any other investigation into either infringement or invalidity.
48. Ford's document production indicates that Ford did not even have possession of the prosecution history of the '903 patent before the litigation. Krippelz requested that Ford produce documents "relating to the Patent-In-Suit" as well as documents "relating to the definition or meaning of any term or phrase used in the Patent-In-Suit." (Ex. E, 6/19/98 Plaintiffs First Request For Production Of Documents, Request Nos. 8, 16.) Ford never produced any copy of the prosecution history of the '903 patent from its own files.
49. As discussed below in the context of Ford's September 1999 summary judgment brief, Ford did not even proffer a claim construction of key claim terms of the Krippelz patent until after February 2002, when the patent successfully emerged from reexamination. Without formulating a claim construction of key terms such as "conical beam of light," Ford could not have a reasonable noninfringement defense in period 1, because a proper non-infringement analysis requires claim construction. See Abbott Labs. v. Sandoz, Inc., 544 F.3d 1341, 1358 (Fed.Cir.2008).
50. Ford had no articulated non-infringement defense in period 1, but the Court can assess Ford's conduct during this period by reviewing the defenses Ford offered for the first time early in period 2. If the defenses in period 2 were weak enough that Ford was objectively reckless in continuing to infringe, then Ford was objectively reckless in period 1, when it lacked even the period 2 defenses.
51. On September 24, 1999, almost half a year after the end of period 1, Ford filed its first summary judgment motion. (Ex. I, 9/24/1999 Br. In Supp. Of Ford Motor Co.'s Mot. For Summ. J. Of Non-Infringement.) In support of that motion, Ford offered no construction of "beam of light" or any other claim term. (Id.)
52. The merits of Ford's September 1999 summary judgment argument are examined below in the discussion of period 2, in which the Court finds Ford's position insufficient to provide a good faith noninfringement defense. (See infra 65-67, 85-94.)
53. Ford argues that Krippelz's early infringement claim chart sub silentio offered a claim construction of "beam of light" that equated the term "beam" with any and all "light," 13 creating a noninfringement defense for Ford. (Ford Br. 8-10.) Ford argues, in other words, that Krippelz's early claim chart construed the term "beam of light" to mean any and all "light." (Id.)
54. Ford contends this claim chart explains its failure to offer any claim construction. However, Krippelz's early claim chart did not absolve Ford of developing a non-infringement defense that considered each claim term. Among other things, Krippelz provided supplemental interrogatory responses in April 1999. (Ex. I To Nonrestricted Exhibits Certification, 4/9/99 Pl.'s Second Supplemental Answer To Def. Ford Motor Company's Interrog. No. 8 at 2-7.)
55. Moreover, Ford was either aware or should have been aware of the claim construction issues concerning the term "beam of light". (See infra 88-89, 164.)
*892 56. Thus, the evidence shows clearly and convincingly that before litigation and during the early stages of the case, Ford lacked any good faith basis for believing that its puddle lamps did not infringe, and that Ford sold puddle lamps despite an objectively high likelihood that they infringed the Krippelz patent.
2. Invalidity: Ford Had No Invalidity Defense Before March 1999
57. Before the litigation and through March of 1999, Ford did not disclose any allegedly invalidating prior art. During this period, Ford asserted no invalidity or unenforceability defense.
58. Ford's own discovery responses confirm this. On May 22, 1998, Krippelz sent Ford a first set of interrogatories requesting information regarding Ford's invalidity defenses. (Ex. G, 5/22/98 Pl.'s Interrogs. Nos. 1 and 2 to Def. (Re: Invalidity Defenses).) On June 19, 1998, Krippelz requested "[a]ll documents relating to any art that Ford contends is prior art to the Patent-in-Suit." (Ex. E, 6/19/98 Pl.'s First Req. for Produc. of Docs., Req. No. 9.)
59. Ford did not produce any prior art until March 26, 1999. (Ex. F, 3/26/99 Def.'s Supplemental Resps. To Pl.'s Interrogs. Nos. 1 and 2 To Def. (Re: Invalidity Defenses) 3 (identifying prior art references).) At that time, Ford first produced the Kim patent application (Korean Application No. 4543/84) as well as other prior art references in its interrogatory response. (Id.)
60. Ford began its infringing sales of the 1998 model year Ford Explorer/Mercury Mountaineer puddle lamp in 1997. (See 12/10/98 Trial Tr. 571:17-22; 12/11/08 Trial Tr. 726:5-727:12, 730:20-22, 819:9-14; see also PX147, Detail of Ford Puddle Lamp Mirror Assembly Purchases by Model Year/Calendar Year From Ford Suppliers Through Approximately October of 2008 (chart showing number of infringing sales and model year/calendar year information for those sales).) Thus, Ford began its infringing sales in 1997, and for nearly two years thereafter, Ford did not produce any potentially invalidating prior art.
61. It was not until March 1999 that Ford produced the Kim reference. (Ex. F, 3/26/99 Def.'s Supplemental Resps. To Pl.'s Interrogs. Nos. 1 and 2 To Def. (Re: Invalidity Defenses) 3 (identifying prior art references including Kim).) Federal Rule of Civil Procedure 26 required Ford to timely supplement its interrogatory responses. The only conclusion supported by the record is that Ford lacked any invalidity defense until some time very near March 1999.[4]
62. Ford thus cannot claim any good faith invalidity defense during period 1.
II. Period 2: March 1999 Through Confirmation Of Krippelz Patent On Reexamination By Board Of Patent Appeals In February 2002
63. Period 2 begins in March 1999 when Ford first disclosed an invalidity defense (based on the Kim patent and five other references), and ends when the validity of the'903 patent was reaffirmed by the Board of Patent Appeals in February 2002.
64. Ford asserted to this Court during the reexamination that its primary defense was non-infringement. Ford sought summary *893 judgment on non-infringement but offered no claim construction to support its argument, although any well-founded argument would have required construction of terms which were not addressed within Ford's motion.
65. Ford unreasonably relied upon its first non-infringement argumentthat the '903 patent claim 2 cannot cover any lighting device that shines any type of light on the side of the vehiclebecause claim 2 is not limited to a device in which no light of any type strikes the side of the vehicle.
66. Ford unreasonably relied upon its second non-infringement argument-that Krippelz had disclaimed coverage of warning lights that facilitated ingress and egress to the vehicle as to the claim at issue in this case. This second non-infringement argument was transparently wrong, as the cited disclaimer was made with respect to claims not at issue in this lawsuit.
67. Ford also added new puddle lamp designs to other Ford vehicles without conducting a technical analysis of those devices to determine whether they might infringe the '903 patent-in-suit.[5]
68. During this period, the only invalidity arguments Ford disclosed were arguments that were subsequently rejected by the Board of Patent Appeals. None of these invalidity arguments, and none of the prior art on which they were based, were offered at trial.
69. Ford's conduct during period 2, relying on defenses that were at best weak or unsupported while increasing sales of infringing products, is strong evidence of objective recklessness.
70. In more detail, the Court makes the following findings with respect to period 2:
A. The Board Of Patent Appeals Rejected Ford's Invalidity Defenses And Ford Did Not Present Them At Trial
71. On March 26, 1999, Ford for the first time disclosed invalidity defenses in response to Krippelz's interrogatories. (Ex. F, 3/26/99 Def.'s Supplemental Resps. To Pl.'s Interrogs. Nos. 1 and 2 To Def. (Re: Invalidity Defenses) 3-4.) At that time, Ford disclosed contentions that the '903 patent was invalid as anticipated or obvious based on six prior art references, all patents and patent applications, including the Kim reference. (Id. at 3.)
72. These arguments were subsequently rejected by the Board of Patent Appeals and were not offered at trial. Ford's failure to offer any of these references at trial provides objective evidence of the weakness of any arguments based thereon.
73. Ford also never proffered any expert testimony supporting its contention that these references invalidated claim 2 of the '903 patent. Ford's failure to offer admissible expert testimony supporting a defense of invalidity based on these references in this litigation, even during this willfulness phase, further demonstrates the weakness of these defenses. There is no objective record as to the content of Ford's purported invalidity defenses, as no such argument ever was presented by Ford.
74. On August 30, 1999, after having received Ford's invalidity contentions and the cited prior art, Krippelz sought reexamination of the '903 patent. (PX3, Reexamination File History, 8/30/99 Reexamination Request.) On February 25, 2002, the Board of Patent Appeals reaffirmed the validity of all of the claims of the '903 *894 patent over the prior art Ford relied on, including the Kim reference. (PX3, Reexamination File History, 2/25/02 Board of Patent Appeals & Interferences Decision On Appeal.)
75. During the pendency of the reexamination, Ford's counsel acknowledged that invalidity was not even considered by Ford to be a primary defense:
The primary issue in the case is not really the validity on our side, Ford's side, although that is a sub-issue. The primary focus for us is on infringement.
(Ex. H, 8/31/99 Hr'g Tr. 2:17-20.)
76. Ford did not include any of its March 1999 invalidity defenses or the related prior art in its expert reports or at trial. This is objective evidence of the weakness of these defenses. L.A. Gear, Inc. v. Thom McAn Shoe Co., 988 F.2d 1117, 1126 (Fed.Cir.1993) ("[A] defensive pleading of invalidity or unenforceability may pass muster under Rule 11, yet not provide adequate defense to the charge of willful infringement. Indeed, in this case the pled defense of unenforceability was not pursued at trial."); see also Tristrata Tech., Inc. v. ICN Pharms., Inc., 313 F.Supp.2d 405, 413 (D.Del.2004) (finding that fact that infringer had chosen not to present any non-infringement defense at trial supported jury verdict of willful infringement).
77. Thus, from March 1999 until the February 2002 Board of Patent Appeals decision, Ford had no objectively reasonable invalidity defense.
1. Krippelz's Request For Reexamination Is Irrelevant To Willfulness Under Controlling Federal Circuit Law
78. Ford contends that the PTO's grant of the reexamination request "alone, defeats Krippelz's claim that Ford was `objectively reckless' to assert invalidity." (Ford Br. 26.) Ford also contends that the interim rejection by the PTO during the reexamination provided grounds for Ford having launched several additional puddle lamp models without infringement analysis. (Id.)
79. Because Ford has not provided any expert opinion testimony supporting any of its March 1999 invalidity defenses, this is Ford's only available argument concerning its belief in the '903 patent's invalidity for period 2.
80. The proceedings in the '903 reexamination are not sufficient to save Ford from a finding of willfulness. Interim rejections are the norm at the PTO. See Q.G. Prods., Inc. v. Shorty, Inc., 992 F.2d 1211, 1213 (Fed.Cir.1993) ("rejections often occur as part of the normal application process"). The Federal Circuit has specifically rejected Ford's position:
We take notice that the grant by the examiner of a request for reexamination is not probative of unpatentability. The grant of a request for reexamination, although surely evidence that the criterion for reexamination has been met (i.e., that a "substantial new question of patentability" has been raised, 35 U.S.C. § 303), does not establish a likelihood of patent invalidity. See Acoustical Design, Inc. v. Control Elecs. Co., 932 F.2d 939, 942 (Fed.Cir.) ("initial rejection by the Patent and Trademark Office of original claims that later were confirmed on reexamination hardly justifies a good faith belief in the invalidity of the claims"), cert. denied, 502 U.S. 863, 112 S.Ct. 185, 116 L.Ed.2d 146 (1991).
Hoechst Celanese Corp. v. BP Chems. Ltd., 78 F.3d 1575, 1584 (Fed.Cir.1996) (footnote and parallel citations omitted).
81. During oral argument on March 10, 2009, Ford's counsel cited two recent cases for the proposition that the grant of a reexamination and interim PTO rejections of reexamined claims prevent a finding of willful infringement. See Lucent Techs., Inc. v. Gateway, Inc., No. 07-CV-2000-H *895 (CAB), 2007 WL 6955272, at *6-7, *8, 2007 U.S. Dist. LEXIS 95934, at *17-19, *22 (S.D.Cal. Oct. 30, 2007); Pivonka v. Cent. Garden & Pet Co., No. 02-CV-02394-RPM, 2008 WL 486049, at *2, 2008 U.S. Dist. LEXIS 12022, at *6 (D.Colo. Feb. 19, 2008). Neither of these cases addresses or cites the Federal Circuit's decision in Hoechst Celanese.
82. Hoechst Celanese holds that the grant of a reexamination and interim PTO rejections are not probative (i.e. not relevant, and therefore not admissible) evidence on the question of patentability. Cf. Rowe Int'l Corp. v. Ecast, Inc., 586 F.Supp.2d 924, 967 (N.D.Ill.2008) (recognizing that grant of reexamination is not probative of non-patentability in the context of summary judgment proceedings on validity and citing Hoechst Celanese).
83. The Federal Circuit's Seagate decision did not disturb this holding of Hoechst Celanese. As a result, the interim PTO decision on the Krippelz '903 patent cannot be considered to have decreased the objective likelihood that Ford was infringing a valid patent.
B. Ford's Non-Infringement Arguments In Period 2 Were Insufficiently Supported
84. In September 1999, Ford filed its first motion for summary judgment of noninfringement. (Ex. I, 9/24/1999 Br. In Supp. Of Ford Motor Co.'s Mot. For Summ. J. Of Non-Infringement.) Ford's brief failed to offer claim construction of any claim term to support its argument. See Abbott Labs., 544 F.3d at 1358 ("The first step in most infringement suits is the procedure called `claim construction,' where the scope of the claim is defined by the court.").
85. Ford's brief simply asserted without supporting analysis that the Ford Explorer/Mercury Mountaineer puddle lamp device (the only accused puddle lamp device at the time) generates a conical beam of light that directly impinges on the side of the Ford Explorer/Mercury Mountaineer. (Ex. I, 9/24/1999 Br. In Supp. Of Ford Motor Co.'s Mot.. For Summ. J. Of Non-Infringement 10, 13.)
86. Ford offered two non-infringement arguments: (1) that claim 2 of the '903 patent cannot cover any lighting device that shines any type of light on the side of the vehicle, even though the claim 2 does not require that no light of any type strikes the side of the vehicle (an argument that essentially ignored the "conical beam of light" limitation in claim 2), and (2) that Krippelz had disclaimed coverage of warning lights that facilitated ingress and egress to the vehicle, even though the disclaimer was made with respect to an independent claim not at issue in the lawsuit. (Id. passim.) Both of these arguments lacked merit and were insufficiently supported.
87. In offering the first argument, Ford ignored the claim term "conical beam of light" in claim 2 of the Krippelz patent. Ford proffered no construction of this term, and made no effort at all to distinguish between light that forms a beam and light that does not.
88. Throughout this case, Ford represented that it did not know the difference between a beam of light and non-beam light. However, a Ford-owned patent details at least one example of the difference between beam light and non-beam light (albeit in a somewhat different context) in the same way the Board of Patent Appeals and this Court did:
In a bulb and reflector system, a filament of the bulb is placed at or near a focal point of a reflector. The light emitted by the bulb filament is collected by the reflector and reflected outward to form a light beam. A lens *896 is used to shape the light beam into a specified pattern as established by vehicle lighting standards. Typically, a conventional bulb and reflector system collects and reflects only thirty percent of the light emitted from the bulb filament.
89. As this passage of Ford's patent explains, an optical reflector creates a beam, but light that comes from the filament and does not reflect from the reflector is not a part of that beam.
90. This is not a case where the infringer proffered a "reasonable construction under which [its] products did not infringe," and thus could avoid willful infringement because "the proper claim construction was a sufficiently close question." Cohesive Techs., Inc. v. Waters Corp., 543 F.3d 1351, 1374 & n. 4 (Fed.Cir.2008). Ford's deliberate avoidance of the key claim term shows its lack of a coherent infringement defense, and thus its recklessness.
91. Ford's second non-infringement argument was that Krippelz had disclaimed in prosecution coverage of warning lights that facilitated ingress and egress from the vehicle. (Ex. I, 9/24/1999 Br. In Supp. Of Ford Motor Co.'s Mot. For Summ. J. Of Non-Infringement 6, 13.) Reasoning that Ford's puddle lamps do facilitate ingress and egress, Ford argued that they could not infringe.
92. But the disclaimer to which Ford points was made with respect to claims not at issue in this lawsuit, all of which require a "flashing" light. (JX1, '903 Patent File History, 6/6/90 Amendment (by Krippelz) at 3.) Ford's disclaimer argument was transparently erroneous.
93. This prosecution history language falls far short of the required "clear and unambiguous" claim scope disclaimer that would have been required to provide Ford a defense on this point. Seachange Int'l, Inc. v. C-COR, Inc., 413 F.3d 1361, 1373 (Fed.Cir.2005).
C. During Period 2, Ford Added New Puddle Lamp Designs To Additional Ford Vehicles Without Conducting Any Analysis
94. From March 1999 until the February 2002 Board of Patent Appeals decision, Ford continued its infringing activity and increased it, adding puddle lamp devices to new vehicle models without conducting any analysis of the additional devices.
95. In particular, and again without conducting an infringement analysis, Ford added new puddle lamp devices to several of its model year 2002 vehicles (introduced in late 2001). (See PX147, Detail of Ford Puddle Lamp Mirror Assembly Purchases by Model Year/Calendar Year From Ford Suppliers Through Approximately October of 2008 (chart showing number of infringing sales and model year/calendar year information for those sales).) Ford first informed Krippelz's counsel of these additions by letter in July of 2002, nearly a year after infringing sales began. (Ex. L, 7/19/02 Letter From Seth Rodack To James Ryndak.)
96. In 2004, Ford confirmed that it had done no analysis of these additional puddle lamps, stating in a letter to Krippelz's counsel: "we have not examined these products to determine whether their courtesy lamps are identical to the accused products and we make no representations regarding their similarity or dissimilarity." (Ex. M, 4/19/04 Letter From Seth Rodack To James Ryndak.)
97. Only after Krippelz had done a prelitigation analysis and only after Krippelz accused certain additional models did Ford itself undertake any technical analysis of these devices. Ford's counsel admitted this to Krippelz's counsel in a July 2006 letter, stating: "We are conducting *897 our own analysis of the lamp modules that you identified in your letter." (Ex. N, 7/11/06 Letter From Thomas Lewry To James Ryndak.)
D. Ford's Assertion That Krippelz "Failed To Try To Stop The Infringement" Is Incorrect Both Legally And Factually
98. Ford's primary ground for defeating a claim of willful infringement during period 2 is that Krippelz waived his right to damages for willful infringement by failing to move for a preliminary injunction.
99. Ford relies on Ball Aerosol & Specialty Container, Inc. v. Limited Brands, Inc., 553 F.Supp.2d 939, 953 (N.D.Ill.2008), vacated on other grounds, 555 F.3d 984 (Fed.Cir.2009), for the proposition that "when a patent holder makes no attempt to stop infringement, after litigation has commenced, despite a legal mechanism for doing so, willful infringement should not be found on the basis of such post-filing conduct." Id. at 953 (citing Seagate, 497 F.3d at 1374).
100. Ford appears to argue that Seagate establishes a categorical rule that a patentee must move for a preliminary injunction in order to recover for willful infringement. (Ford Br. 6-8.) Ford's primary ground for defeating a claim of willful conduct during period 2 was that Krippelz failed to move for a preliminary injunction. (Id.) This argument fails for two reasons.
1. First, Krippelz's Claim, And This Court's Findings, Of Willfulness Do Not Rest Solely On Postlitigation Conduct
101. As the Court has found, Ford's willful conduct began before the start of this litigation. Ford learned of the Krippelz patent when Krippelz sent Ford his patent shortly after it issued in 1991, and again received notice of the patent when Ford became aware of the Donnelly patent. Both events took place before this litigation began. (See supra ¶¶ 18-37.)
102. Despite having knowledge of the Krippelz patent, Ford did nothing in the prelitigation period to investigate whether its products infringed the Krippelz '903 patent, nor did it identify any potentially invalidating prior art. (See supra ¶¶ 36, 45-48, 56-63.) Ford simply began selling infringing products, disregarding the objectively high likelihood that it was infringing a valid patent.
2. Second, Seagate Does Not Require Krippelz To File A Motion For Preliminary Injunctive Relief
103. The proposition that failure to seek a preliminary injunction constitutes a forfeiture of a claim for willful infringement is neither an absolute nor a general rule applicable to all patent cases. In Seagate, the Federal Circuit addressed the situation where a patentee with a meritorious claim of willful infringement will be able to show likelihood of success on the merits. Ordinarily, such a patentee will be entitled to a preliminary injunction and therefore should not be permitted to "accrue enhanced damages based solely on the infringer's post-filing conduct." Seagate, 497 F.3d at 1374. Thus, "in ordinary circumstances, willfulness will depend on an infringer's prelitigation conduct." Id.
104. But Seagate did not establish a categorical rule that a patentee must move for a preliminary injunction. Seagate qualified its statement that ordinarily a patentee will be entitled to a preliminary injunction and therefore should not be permitted to "accrue enhanced damages based solely on the infringer's post-filing conduct." Id. Shortly following that passage, Seagate stated:
We also recognize that in some cases a patentee may be denied a preliminary injunction despite establishing a likelihood of success on the merits, such as *898 when the remaining factors are considered and balanced. In that event, whether a willfulness claim based on conduct occurring solely after litigation began is sustainable will depend on the facts of each case.
Id. (emphasis added).
105. Seagate recognizes that patentees with meritorious cases but otherwise ineligible for preliminary injunctive relief still are permitted in appropriate cases to recover for willful infringement. Such is the case here.
106. The pursuit of a preliminary injunction may fail for reasons other than its lack of merit on the underlying claim. Even a strong claim for injunctive relief will ordinarily fail when an inventor who does not practice the invention and does not compete with the infringer sues for an injunction.
107. It is a general rule of equity that injunctions should not issue where money damages will suffice because irreparable injury cannot be shown. This principle is applicable to patent injunctions. eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391, 126 S.Ct. 1837, 164 L.Ed.2d 641 (2006).
108. The Court can envision the rare case where an inventor, while not in direct competition with an infringer, could secure a preliminary injunction if the inventor had well-formed plans to compete against the infringer and demonstrated, for example, that the infringer was effectively locking up, for a period of years, a substantial share of customers for the patented device. There is no flavor of that in this case.
109. Krippelz could not have gotten an injunction in this case, and, while only the Court knows that for a certainty, Krippelz could reasonably and wisely conclude that he would not win; that it would be a waste of time and resources, his own and the Court's, to make the effort. In other words, under eBay, Krippelz likely could not have obtained preliminary injunctive relief because the balance of hardships favored Ford. Seagate does not require that Krippelz file a motion he did not stand a reasonable chance of winning in order to perfect a claim for willful infringement.
110. Also, even without the qualifying language, Seagate's preliminary injunction discussion was limited to cases where the willfulness claim is "based on conduct occurring solely after litigation began." 497 F.3d at 1374. Thus, to the extent Seagate imposes any obstacle to recovery based on failure to seek preliminary injunctive relief, it does not apply in this case, where Ford's willful conduct began before the start of this litigation. (See supra ¶¶ 102-03.)
3. Third, Ford, Not Krippelz, Is Largely Responsible For Delays In This Litigation
111. Ford suggests that apart from the failure to seek an injunction, its conduct is mitigated by the fact that Krippelz did not actively pursue summary judgment on infringement. This is not a persuasive argument.
112. As discussed below in the section regarding period 3, summary judgment (sought by both Krippelz and Ford) was delayed, in significant part, by disputed device-testing initiated 26 by Ford, and also by Ford's persistence in making arguments in contravention of a proper construction of the patent. (See infra ¶¶ 118-19, 138-73, 181-82.)
III. Period 3: February 2002 Board Decision Through Ford's Disclosure Of New Prior Art In April 2007
113. Period 3 begins with the Board of Patent Appeals decision in February 2002 and ends with Ford's disclosure of new prior art in April 2007. During this period *899 (and, where relevant, for the final period as well) the Court finds as follows:
114. Following the Board of Patent Appeals decision affirming the validity of the Krippelz '903 patent, Ford did not disclose any new prior art until 2007. (Ex. O, 4/19/07, 5/14/07, 7/3/07 Letters From Steven Johnson To Mark Suri (disclosing Du-Bois, Siegfried, and Miazzo respectively).) Ford also did not pursue any of the prior art that had occupied the Board of Patent Appeals. Ford offered no viable prior art defense for five years.
115. The Court finds, in other words, that from the Board's decision in February 2002 until Ford's disclosure of new prior art in April 2007, Ford lacked any objectively reasonable prior art defense in this case.
116. Ford chose not to pursue the defenses it had offered prior to the reexamination, either in expert reports or at trial.
117. With respect to infringement, the Court finds that Ford did defend on noninfringement grounds. However, Ford offered non-infringement defenses that required a significantly different claim construction than that employed by the Board. Ford's non-infringement defenses were objectively unreasonable. Indeed, the Court rejected Ford's proffered claim construction, on which its non-infringement position depended, in 2003, 2004, and 2006. (Dkt. Nos. 103, 125, 132, 158, and 198 (2/24/03, 2003 WL 466109, 5/13/03, 2003 WL 21087109; 8/6/03, 2003 WL 21838077, 7/20/04, 2004 WL 1576697, and 7/27/06 Orders (concerning claim construction)).) The Court granted summary judgment of infringement in Krippelz's favor on November 21, 2008. (11/21/08 Hr'g Tr. 9:24-19:11.)
118. Delay in resolving the question of which Ford lamps were infringing was a consequence of flawed testing procedures used by Ford. Specifically, Ford devised a seat-of-the-pants experiment that it used to contest Krippelz's 2003 motion for summary judgment of infringement.
119. During the delay caused by Ford's flawed testing procedures, Ford introduced new infringing puddle lamp devices on several Ford models. Throughout this time period, Ford did so without performing any infringement analysis.
120. In more detail, the Court makes the following findings regarding period 3:
A. During Period 3 Ford Lacked Any Objectively Reasonable Invalidity Defense
1. Ford Did Not Develop The Invalidity Defenses It Offered At Trial Until Mid-2007
121. In February 2002, after the Board of Patent Appeals rendered its decision confirming the claims of the '903 patent, the litigation resumed.
122. Krippelz had served initial contention interrogatories seeking any invalidity defenses Ford might have in May 1998. (Ex. G, 5/22/98 Pl.'s Interrogs. Nos. 1 and 2 to Def. (Re: Invalidity Defenses).) Ford had an ongoing obligation to supplement these interrogatory responses in a timely fashion. See supra ¶ 62; Fed.R.Civ.P. 26(e)(1)(A); see also Wright v. Touhy, 2003 WL 22439864, at *4 (N.D.Ill. Oct. 28, 2003) ("The duty to supplement discovery requests lingers on without subsequent solicitation.").
123. Ford did not produce the prior art on which its expert ultimately relied until April 19, 2007 (DuBois), May 14, 2007 (Siegfried), and July 3, 2007 (Miazzo). (See supra ¶ 115; Ex. O, 4/19/07, 5/14/07, 7/3/07 Letters From Steven Johnson To Mark Suri (disclosing DuBois, Siegfried, and Miazzo respectively).)
124. These are the only prior art references on which Ford's expert relied in his expert reports. The only conclusion consistent *900 with Ford's obligation to supplement its discovery responses is that Ford did not have these references until shortly before they were produced. Based on this discovery record, Ford could not have relied on DuBois, Siegfried, or Miazzo as evidence of invalidity before April 2007.
125. Ford's expert did not offer any invalidity opinion citing any other reference, and Ford cited no other references at trial (Ford pursued only Miazzo and DuBois at trial).
2. Ford's Arguments On Matsuda And Kim Are Waived And Incorrect
126. Ford contends that after the reexamination and before its discovery of Du-Bois, Siegfried, and Miazzo, it had a reasonable invalidity defense based on the Kim and Matsuda references. (Ford Br. 27-29.)
127. Ford provides no information as to its actual state of mind on this point, and no details as to what it contends would be the objective indicia establishing its reasonable reliance on these defenses. For example, Ford provides no expert declaration to support these contentions on an objective basis. Ford could have done so in the context of this willful infringement trial phase, but did not.
128. Ford contends that in the Board's treatment of the Matsuda reference, the Board concluded sub silentio that a bulb and an external curved reflector could not make a beam of light. (Ford. Br. 27-28.) Ford has not offered this interpretation of the Board opinion before, whether in the context of claim construction, summary judgment or otherwise, and has not supported it with expert evidence or other disclosure. This unsupported contention comes too late to be considered.
129. Additionally, Ford's interpretation of the Board's opinion is without merit. The Board did not say that only a light bulb with an internal reflector can make a beam. Indeed the entire discussion of the Kim device ray trace Dr. Hansler submitted (which treated the inside of the Kim hood as reflective) would have been unnecessary if the Board believed that only a bulb with an internal reflector could make a beam:
With regard to whether the Kim reference suggests a beam of light, as claimed, Dr. Hansler, in the supplemental declaration, offers evidence of a computer modeling simulation of the lighting device depicted in Kim. The computer model assumed that the internal surfaces of the Kim enclosure were reflective and that the light source in Kim is a small incandescent lamp. Results, shown in Exhibit A of the supplemental declaration, indicate that light emanating from the Kim device is not in the form of a light beam, but rather light which is very diffuse and unevenly distributed....
(PX3, Reexamination File History, 2/25/02 Board of Patent Appeals & Interferences Decision On Appeal 14-15.)
130. If the Board had concluded that a light bulb needed an internal reflector to make a beam, this entire discussion would be moot because the Kim reference discloses an ordinary bulb with an external reflector. Thus, Ford's criticisms of the Board's decision as it relates to Matsuda and Kim are themselves objectively unreasonable.
131. Finally, Ford contends that "[a]fter receiving the Court's 2003 construction, Ford objectively believed that the Matsuda [sic] could invalidate Krippelz's patent." (Ford Br. 28.) Ford provides no detail as to how it objectively could have reached this conclusion in light of the numerous differences between Matsuda and Krippelz. These differences were set forth by Krippelz's expert in a declaration submitted to the PTO during the reexamination. (PX3, Reexamination File History, 2/29/00 *901 Hansler Decl. at 4-5 6(b).) Again, Ford's expert has offered no analysis of Matsuda in any of his reports. Ford did not offer Matsuda at the liability trial, nor did it provide evidence in support of its claim of objectively reasonable reliance in the willful infringement phase. I reject Ford's contention, as it is unsupported by the evidence and not credible.
132. Ford also offers an "analysis" of the Kim patent that purports to prove that Dr. Hansler's ray trace actually shows that Kim creates a beam. (Ford Br. 28-29.) Here again, however, no expert in this case has ever provided support for such a proposition, which I reject.
133. This argument is also transparently untenable. In the reexamination proceedings, Dr. Hansler pointed out that no portion of the Kim reflector is parabolic. (PX3, Reexamination File History, 2/29/00 Hansler Decl. at 3 6(a).)
134. Ford contends that Dr. Hansler's ray trace of the Kim device contains "parallel" rays that would constitute a beam. (Ford Br. 28-29.) No expert, nor the Board, nor the Court, ever construed the term "beam of light" to mean "parallel rays." As the Court's claim construction stated:
A light bulb and reflector can make a beam of light if the filament of the light bulb is at or near the focal point of an optical reflector. Parabolic and elliptical reflectors are types of optical reflectors.
(12/12/08 Trial Tr. 961:16-19.)
135. Ford makes no effort in its brief to demonstrate that this portion of the Kim reflector is a parabolic or other type of optical reflector. Even the rays Ford identifies as "parallel" are not parallel to the naked eye. (Ford. Br. 28-29.)
136. In sum, Ford lacked any objectively reasonable invalidity defense for the five years between February 2002 and at least the middle of 2007.
B. During Period 3 Ford Relied On Objectively Unreasonable Claim Constructions To Support Its Non-Infringement Arguments
137. During period 3, Ford continued to argue non-infringement.
138. After the reexamination, rather than ignore claim 2's "conical beam of light" limitation, Ford sought a construction of this claim term that would include all of the light that leaves the disputed device. (See, e.g., Dkt. No. 132, 8/6/03 Order 2 (denying a proposed Ford construction that would have defined "beam of light" as "all light from the source of light that passes through the housing opening").)
139. Ford's proffered claim construction was objectively unreasonable at least in part because it required a claim-reading approach significantly different from that employed by the Board of Patent Appeals, which found that a bulb in a hood does not a beam make.
140. The Board of Patent Appeals provided a description of the claim term "beam of light""directed light having some defined sweep range."
141. The Board concluded that the Kim device did not create a "beam of light": "In contrast to the light `beam' disclosed and claimed by appellant, the three primary references applied by the examiner [including Kim] do not disclose such a light `beam.'" (PX3, Reexamination File History, 2/25/02 Board of Patent Appeals & Interferences Decision On Appeal 10.)
142. In the context of summary judgment briefing in 2008, Krippelz again pointed out the conflict between Ford's position and the intrinsic record. Ford argued (for the first time) that the Board had somehow failed to consider the Kim housing or hood in its analysis of the device. (Dkt. No. 319, 4/4/08 Ford's Motor *902 Co.'s Opp'n To Krippelz's Mot. For Summ. J. Of Infringement at 27 (accusing Board of committing "error" by "not consider[ing] Kim's hood").)
143. Ford's suggestion that the Board failed to consider Kim's hood was baseless. The Kim application shows a hood in all of its figures. (PX3, Reexamination File History 58-59 (Kim Application Figs. 1-4).) The Board also considered Dr. Hansler's supplemental declaration in the reexamination, in which Dr. Hansler performed ray traces on the Kim device including the hood. (PX3, Reexamination File History, 2/25/02 Board of Patent Appeals & Interferences Decision On Appeal 14-15.)
144. The Board looked at these same figures from the same exhibit cited above, and concluded:
Results, shown in Exhibit A of the [Hansler] supplemental declaration, indicate that light emanating from the Kim device is not in the form of a light beam, but rather light which is very diffuse and unevenly distributed and that such light from the Kim device would, in fact, directly impinge on the side of the vehicle. Again, the evidence presented appears very impressive, especially in view of the examiner's silence.
(Id.)
1. Ford Persisted In Pursuing Its Rejected Non-Infringement Theory Even Through The Final Round Of Summary Judgment Briefing
145. Despite the Board's rejection of Ford's claim construction and this Court's rejection of Ford's proposed construction in August 2003 (Dkt. No. 132, 8/6/03 Order 2), Ford persisted in conducting years of litigation of the infringement issue based on rejected defenses and flawed testing.
146. In 2003, Krippelz attempted to bring the infringement issue to a close by moving for summary judgment. (Ex. F To Nonrestricted Exhibits Certification, 8/14/03 Pl.'s Mot. For A Summ. J. Adjudication Of Each Element Of Claim 2 Of United States Patent No. 5,017,903.)
147. When Krippelz served Ford with his motion for summary judgment of infringement, the Court had already construed the claim term "conical beam of light." The Court held that there was a difference between beam and non-beam light, and that "[d]etermining the existence of a beam, its shape, and other characteristics is a matter of examining the device and making appropriate measurements and calculations." (Dkt. No. 132, 8/6/03 Order 2.)
148. Ford's opposition to Krippelz's motion for summary judgment relied on purported results of testing of a Ford Explorer device by Ford's expert Dr. John Van Derlofske. (Ex. T, 10/15/03 Ford Motor Co.'s Br. In Resp. To Pl.'s Motion For A Summ. J. Adjudication Of Infringement Of Each Element Of Claim 2 Of U.S. Patent No. 5,017,903 at 14-18.)
149. Ford's opposition also depended on the same arguments that the Court and Board had already rejected. Thus, Ford included light rays from the filament as part of what it said was the "beam of light." Ford argued that "[t]he lamp filament is recessed well within the housing and shaped to a beam by the housing opening." (Id. at 18.) But Kim also had a housing and its light source was a light bulb with a filament, and the Board found Kim did not make a beam.
150. Ford offered no explanation of how its theory could be reconciled with the Board's treatment of Kim. Ford compounded the error by including light from non-parabolic reflector portions as part of the purported "beam of light" in its device. (Id.)
151. But again, the Board's decision had already rejected this approach. Dr. *903 Hansler's submission to the Board considered the Kim device as if its interior surface were reflective and the Board accepted that these reflecting but non-optical surfaces do not form a beam.
152. In short, throughout this phase, Ford continued to pursue its non-infringement claim even after its proffered claim construction was rejected by both the Board of Patent Appeals and this Court.
153. Ford contends there was a good faith dispute leading all the way up to trial about whether light directly from the filament of a bulb could constitute part of a "beam of light." (See Ford. Br. 12, 14-15.)
154. There was no reasonable goodfaith dispute on this issue. Both the Court and the Board of Patent Appeals rejected Ford's position. Ford's refusal to accept the intrinsic record and the Court's claim construction rulings does not provide a basis for a reasonable infringement defense.
155. Ford advanced several non-meritorious non-infringement defenses during this time period, e.g. that the preamble limited the claim and that its housings were not substantially adjustable. Some of these defenses were not reasonably based positions.
156. Ford had no objectively reasonable non-infringement defense during this time period. It is difficult to look at the Ford defense during period 3 and find any reasonable basis for what it did as a whole. At least some of it falls into the category of last-ditch desperation.
2. The Court's 2003 Ruling On Krippelz's Motion For Summary Judgment, And The Litigation Activity That Followed, Do Not Change The Analysis
157. Ford also relies in its defense on this Court's February 24, 2003 denial of Krippelz's motion for summary judgment of infringement. Ford's non-infringement defense at that time was that all the light from the Ford devices was part of a "beam." As discussed earlier, the Board's treatment of the Kim device and this Court's claim construction foreclosed this theory.
158. This Court denied Krippelz's motion for summary judgment, but only after Ford argued that even under the proper construction, beam light directly impinged on the side of the vehicle.
159. Ford argued "[the puddle lamp's] housing opening and the source of light are positioned such that the [beam of] light directly impinges on the side of the vehicle." (Dkt. No. 103, 2/24/03 Order 8.)
160. But after five additional years of litigation, Ford never offered admissible evidence to support this representation to the Court. Instead, Ford stuck to its rejected position that all light from the devices is part of a "beam of light" (a position the Board, the Court, and Ford's own patent had rejected).
161. When the Court granted summary judgment of infringement in 2008, it was on the substantially identical grounds that Krippelz had presented in his 2002 motion. (Compare Ex. J To Nonrestricted Exhibits Certification, 6/12/02 Hansler Decl. at 12-17 & Ex. L thereto with Ex. H To Restricted Exhibits Certification, Rhiner Expert Report at 26-28 & Ex. K thereto (detailing infringement analysis of the original Ford Explorer puddle lamp and reaching identical conclusions).)
162. Ford argues that Krippelz should be held to blame for the delay in resolving infringement because Krippelz did not renew his motion for summary judgment after the Court denied his motion in 2003. (Ford. Br. 12.)
163. However, on August 13, 2003, Krippelz served Ford with a second motion for summary judgment of infringement, *904 according to this Court's practices. (Ex. F To Nonrestricted Exhibits Certification, 8/14/03 Pl.'s Mot. For A Summ. J. Adjudication Of Each Element Of Claim 2 Of United States Patent No. 5,017,903.) Summary judgment was delayed, in significant part, by disputed device-testing initiated by Ford, and also by Ford's persistence in making arguments in contravention of a proper construction of the patent.
164. Ford's testing was deeply flawed and it took a lot of time and effort to resolve the problems created by that testing. The Court does not rehearse the details of the testing controversy here because there is already an inordinate portion of the record devoted to the question. The delay is, in largest part, to be laid at Ford's door.
165. As this Court wrote in a pretrial order:
One example of Defendant's process was its early testing in 2003 of [ ] devices which le[ ]d to a needless controversy over the integrity of the testing process. Assuming, as I willingly do, that Defendant acted in good faith, its conduct created a needless controversy which delayed the litigation for no good reason. To put it another way, Defendant used a seat-of-the-pants design to engineer its defense, either because it did not want to bear the cost of better design or because it knew better design would not help its cause.
(Dkt. 399, 12/5/08 Order (concerning motions in limine) 2.)
166. In other words, Ford's device testing and litigation conduct are what derailed Krippelz's attempt to obtain summary judgment, extending Ford's period of willful infringement by several years.
167. What Ford can and does argue is that the Court did not grant summary judgment on infringement until the eve of trial. Part of that is due to the presence of more than this case on this Court's docket, and part of it is due to the manner in which the case was litigated.
168. In opposition to Krippelz's motion for summary judgment, Ford filed an expert's report which in its conclusions clearly established that there were triable issues on infringement, but only upon very close examination did it become apparent that these conclusions could be reached only by disregarding the way the Court had construed the patent. It is, ordinarily, not to be expected that an expert finally selected by one party to a patent case would offer opinions inconsistent with the Markman rulings in that case.
3. Rudolph Guzik Provided No Grounds For Ford's Defense, And Ford's Photographs Are Inadmissible And Arguments Based On Them Are Waived
169. Ford argues that an "independent expert," Rudolph Guzik, reached a noninfringement opinion despite never having read the patent, the file history, or the Court's claim construction opinions. (Ford Br. 18-20.) This Court appointed Mr. Guzik to investigate Ford's device testing described above.
170. Mr. Guzik did not reach, and was not asked to reach, any conclusion as to infringement. (See Ford Ex. 12, 2005 Guzik Report at 2 ("I have no idea what kind of information will contribute to settling the current dispute-nor do I have any understanding of the issues in the conflict.").)
171. By the parties' agreement, Mr. Guzik never received a copy of the Krippelz patent, did not review the Court's claim construction rulings, and was not to formulate opinions, and Mr. Guzik's testing therefore could not provide any objective basis for a non-infringement defense.
*905 172. Ford also relies on photographs of puddle lamp devices allegedly showing beam light on the side of the vehicle. (Ford Br. 20-21.) These photographs are not a part of the record in this case, and are not accompanied by any authenticating fact or expert testimony. Ford wisely presented no such argument in the context of infringement proceedings, and did not provide any foundation for the photographs.
C. Without Reasonable Grounds, Ford Continued To Add Infringing Puddle Lamps To More Vehicles
173. Again, during this period, Ford continued to add infringing puddle lamps to more vehicles.
174. Ford added the puddle lamp feature to still more of its best-selling vehicles, including the Ford Freestar, Mercury Monterey, and others. (PX147, Detail of Ford Puddle Lamp Mirror Assembly Purchases by Model Year/Calendar Year From Ford Suppliers Through Approximately October of 2008 (chart showing number of infringing sales and model year/calendar year information for those sales).)
175. As discussed above, see supra ¶¶ 97-98, Ford admitted that it had conducted no analysis on these models before infringing. (Ex. N, 7/11/06 Letter From Thomas Lewry To James Ryndak.)
176. By the end of period 3, Ford had offered nothing that it could use in defense of the claim. All it had done was try to wriggle out of the Court's Markman ruling by indirect methods. Unless that ruling is reversed on appeal, reasonable defenses are limited to those consistent with that ruling and Ford did not honor that limit.
177. In short, much, if not all, of what Ford offered in its defense until April 2007 was impermissible, and what may not have been impermissible was clearly without merit.
IV. Period 4: From April 2007 Until The Close Of Trial
178. Period 4 begins with the disclosure of three pieces of prior art in April 2007 and ends with the verdict at trial. I find that Ford has not been proven to be a willful infringer during period 4.
179. Ford offered three pieces of prior art in support of its claims of invalidity, to wit, DuBois, Siegfried, and Miazzo, in support of anticipation and obviousness. (Ex. O, 4/19/07, 5/14/07, 7/3/07 Letters From Steven Johnson To Mark Suri (disclosing DuBois, Siegfried, and Miazzo respectively).)
180. Ford declined to offer Siegfried at trial and that reference could not support a finding of invalidity.
181. Miazzo was, as Ford should have known, inadmissible in light of the claim construction ruling and the fact that it teaches away from the '903 patent. (See 12/9/08 Trial Tr. 249:23-250:8, 260:18-261:3, 337:18-339:16, 339:2-9; 12/10/08 Trial Tr. 368:21-370:22.)
182. DuBois did not disclose the "conical beam of light" or the proper placement of the light.
183. Nonetheless, the case against willful infringement during this period is, ironically, the strongest that Ford has to offer because Ford had some evidence on which it could rely to conclude that the objectively high likelihood of infringement of a valid patent was not known to it or obvious enough that it should have known. (12/9/08 Trial Tr. 239:5-7, 270:24-290:18.)
184. The law permits a party to defend against the accusation of the state of mind (knew or should have known) element of a willful infringement claim by showing that at certain periods (if not all periods) the state of mind element of willfulness did not exist.
*906 185. The fact that Ford had some evidence of invalidity on which it could reasonably rely serves to assist Ford in its arguments that willful infringement is not proven with respect to period 4.
186. Period 4 evidence marked a significant contrast to Ford's status through periods 1 through 3, where Ford was a willful infringer without even the minimal justification for its conduct that it possessed in period 4. Krippelz contends that the period 4 evidence is too weak to support a defense to willful infringement. Krippelz argues that Miazzo can't be used without violating the claim construction; that the DuBois device bears even less resemblance to the Krippelz claim than did the Kim device considered by the Board of Patent Appeals; and that Ford ultimately decided not to even offer the Siegfried reference at trial.
187. As for non-infringement, Krippelz contends that Ford apparently had no expert analysis until late 2007, when Ford's expert performed computer simulations on the Ford puddle lamps using software called LightTools. (Id.)
188. Krippelz argues Ford's expert did this work without even attempting to satisfy the legal requirement for using such a modern software tool in a non-infringement analysis; and that, when caught on this point, Ford never made more than a token effort to defend its use of Light-Tools. (Id.)
189. Krippelz argues Ford never attempted to prove that such simulations satisfied the requirement of Raybestos-Manhattan, Inc. v. Texon, Inc., 268 F.2d 839, 842 (1st Cir.1959), that they were "known to the art at the time of the application for the patent [and] that were [ ] generally used at the time." Abbott Labs. v. Alra Labs., Inc., No. 92 C 5806, 1997 WL 667796, at *6 (N.D.Ill. Oct. 24, 1997). (Krippelz Opening Br. 21.)
190. The Court finds that the LightTools computer simulations were inadmissible because Ford never offered evidence that the simulations were in general use in 1989 and therefore never offered evidence that they satisfied the Raybestos requirement.
191. Nonetheless, the Court finds that Ford had sufficient evidence of invalidity in period 4 that the objectively high likelihood of infringement of a valid patent was neither known to Ford nor obvious enough that Ford should have known of it
CONCLUSION
192. This Court has jurisdiction under 28 U.S.C. §§ 1331, 1338(a).
193. Krippelz has shown by clear and convincing evidence that Ford willfully infringed the Krippelz patent throughout period 1.
194. Krippelz has shown by clear and convincing evidence that Ford willfully infringed the Krippelz patent throughout period 2.
195. Krippelz has shown by clear and convincing evidence that Ford willfully infringed the Krippelz patent throughout period 3.
196. Krippelz has not shown by clear and convincing evidence that Ford willfully infringed the Krippelz patent during period 4.
NOTES
[1] The Court says "may" because it is difficult to see how, in an ordinary case, evidence that an infringer personally believed it was not infringing has real importance under Seagate which holds that the standard is "should have known." Evidence of actual knowledge of the risk of infringement would be of crucial importance to a plaintiff if it did exist. The absence of actual knowledge is not a meaningful circumstance in the determination of whether an infringer should have known of the risk of infringement.
[2] Exhibits cited simply as "Ex. ___" without further indication of origin are exhibits to Dkt. No. 436, 1/16/09 Certification Of Hamilton H. Hill In Support Of Krippelz's Opening Brief On Willful Infringement. Exhibits cited as "Ford Br. Ex. ___" are exhibits to Dkt. No. 442, 2/6/09 Ford Motor Co.'s Br. Opposing Krippelz's Request For A Finding Of Willful Infringement. Exhibits cited as "Ex. ___ To Restricted Exhibits Certification" are exhibits to Dkt. No. 453, 2/20/09 Certification Of Hamilton H. Hill In Support Of Krippelz's Reply Brief On Willful Infringement For Restricted Exhibits (Dkt. No. 453, filed Feb. 20, 2009). Exhibits cited as "Ex. ___ To Nonrestricted Exhibits Certification" are exhibits to Dkt. No. 451, 2/20/09 Certification Of Hamilton H. Hill In Support Of Krippelz's Reply Brief On Willful Infringement For Nonrestricted Exhibits. Citations to "PX ___" are to plaintiff's exhibits admitted at trial. Citations to "JX ___" are to joint exhibits admitted at trial.
[3] Ford's first infringement was in 1997 (model year 1998). See 12/10/98 Trial Tr. 571:17-22; 12/11/08 Trial Tr. 726:5-727:12, 730:20-22, 819:9-14; see also PX147, Detail of Ford Puddle Lamp Mirror Assembly Purchases by Model Year/Calendar Year From Ford Suppliers Through Approximately October of 2008 (chart showing number of infringing sales and model year/calendar year information for those sales).
[4] By its own admission, as of March 26, 1999, Ford had no § 112 invalidity defense. (Ex. F, 3/26/99 Def.'s Supplemental Resps. To Pl.'s Interrogs. Nos. 1 and 2 To Def. (Re: Invalidity Defenses) 5 ("Based on Ford's understanding of claim 2, the only asserted claim, Ford knows of no § 112 defense at this time.").) Thus, Ford disclaimed any reliance on a § 112 defense for period 1.
[5] The Court also finds that Krippelz could reasonably conclude that no purpose would be served by seeking a preliminary injunction. The Court addresses this point in more detail below. (See infra ¶¶ 99-111.)
| 54,527,776
|
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| 54,528,064
|
Alexander Krivets
Alexander Yeliseyevich Krivets (September 12, 1919 – January 27, 1992) was a Hero of the Soviet Union and a participant in the Soviet partisan movement during World War II.
Biography
Alexander Krivets was born on September 12, 1919 in the village of Pisky, in what today is the Bobrovytsia Raion of the Chernihiv Oblast. He was enrolled in the local elementary and middle school in 1927. In 1934, following the completion of his studies, he enrolled in the year-long preparatory courses at the USSR Ministry of Food Production's Bila Tserkva Agricultural Institute of Sugar Production (Russian: Белоцерковский сельскохозяйственный институт сахарной промышленности), where from 1935 to 1940 he would attend classes in the school's agronomy department (Diploma No. 309596). In 1936, he became a trade-union member and a member of the All-Union Leninist Young Communist League (VLKSM). Finishing his studies at the institute in 1940, he then followed the call of the VLKSM's central committee and volunteered, as a Komsomol member with a higher education, to study at the Moscow Red Star Military College of Aviation Technology (Russian: Московское Военное Краснозвёздное авиационное техническое училище). There, his focus was on the use of air-navigation equipment in military planes, and he graduated with distinction in 1941, qualifying as an aircraft technician and receiving the title of Sergeant.
Being a top student, he was given the right of choosing where to serve, and was sent to the 254th aviation regiment of the 36th aviation division, where he was to be a squadron technician and to work with the planes’ air-navigation equipment. In August 1941, the regiment's commander, P. M. Petrov, officially granted Krivets the military title of Technician-Lieutenant (Russian: техник-лейтенант) – he would later be granted the title of Captain in 1944 (Military ID GI No. 116300). The division was based in Kiev, but the regiment was soon deployed to the airfield by the village of Vil’shanka, in the Vasylkiv Raion of the Kiev Oblast. It was deployed many times thereafter (to Vasylkiv, Brovary, Semypolky, and Boryspil), and with the front's approach was rebased close to the city of Yahotyn, in the Kiev Oblast. It was there that, as part of the Southwestern Front, the regiment found itself caught in the great encirclement of Kiev, with the regiment headquarters and its archives destroyed as a result.
Attempts to escape the encirclement were unsuccessful. In November 1941, Krivets was able to make it out and reach Pisky, where in the December of the same year there was created an anti-fascist underground organization to prepare for open, armed partisan warfare in the Nova Basan’ Raion (now Bobrovytsia). The organization consisted of 35 people and was led by I. A. Golovko, with Krivets acting as his deputy. By March 1942, the group completed its collection and organization of weapons, ammunition, messengers, and secret meeting places, and in the November of that year was given the name “the Shchors detachment”. Krivets was elected as the detachment's commander during its general assembly, with I. Golovko and I. Sidorenko chosen as the commissioner and headquarters chief, respectively. According to the German war archives, the partisan group started actively carrying out military operations in the beginning of July 1942. In its attempts to destroy the detachment, the Wehrmacht would organize a series of large-scale roundups with the use of both ground and air forces. According to the reports delivered to the operational-rear commander of Army Group South by the forces of the SD , SS , gendarmerie , and various garrison command centers:
“It is becoming more and more evident that the bands in the region to the north of Kiev benefit from military organization. The 213th Security Division (Wehrmacht) is currently using a strengthened battalion to carry out an operation in the Nova Basan’ region, after which, from July 27 on, there will follow a joint action on the part of the 213th Rear-Security Division and the Hungarian 8th Rear-Security Army in the region to the northeast of Kobyzhcha.
Krivets had been arrested in March 1942. Two days later, he would be taken out under police escort to be delivered to the Gestapo, but would be rescued by his comrades while en route. On July 15, 1942, the following report was delivered to the operational-rear commander of Army Group South:
“The partisans are in Pisky, 10 kilometers northwest of Nova Basan’, in the Chernihiv Oblast. Six armed partisans burst in on the starosta in Pisky... One member of the police was injured, another one killed. The partisans escaped. The gendarmerie of Bobrovytsia was able to establish their surnames. Their family members were arrested. The investigation is ongoing.”
Under the direction of the regional mayor, I. L. Dyachenko, who also headed the police in Nova Basan’ and Pisky, the partisans’ relatives were arrested for having connections to and aiding the partisan detachment, and were then executed. Among them were Krivets's father and sixteen-year-old brother (according to the Bobrovytsia regional archives, the father and brother were not executed but sent to work in Germany). The partisans’ attempts to capture the mayor were not successful. Later that year, he disappeared without a trace.
The detachment grew quickly. By the end of 1942, it already counted 117 members (according to data from the archives, however, the detachment only had 35-40 members as of January 1, 1943).
According to the German reports (File 232, p. 28):
“June 1943. The northern part of the operative region of the Pereyaslav local command center is under strengthened offensives from two partisan detachments. Presumably, they have connections to Kohan’s motorized band[3], part of which is located beyond the operational-rear region under and north of Nova Basan’.”
“Army Group Centre does not have the strength and means to destroy this band in joint effort with the forces of the operational-rear region.”
“Kohan’s motorized detachment, which carries out some of its actions in regions north of the Nova Basan’ settlement and outside Army Group South's operational zone, is delivering all-out attacks on the garrison command centers with the use of vehicles that they have, through persistent raids, seized from our rear units.”
According to the commander of the partisan detachment formation in the Kiev Oblast, I. F. Cheburnov – the Communist Party of Ukraine (CPU) central committee’s authorized representative on the occupied territory – the Shchors detachment acted heroically throughout 1943, all the way up to its joining with the subdivisions of the Red Army in the September of that year. Information regarding the military and political work of the detachment are available in the detachment’s own records, which were verified and stored in the CPU central committee’s Ukrainian Partisan Movement Headquarters, Russian: Украинский штаб партизанского движения) and Marx-Lenin Institute archives.
A significant portion of the partisans (approximately 200 fighters) received government awards for their courage and valor in the battle against the German fascist invaders. With a decree effective from January 4, 1944, the Presidium of the Supreme Soviet of the USSR would issue to Krivets, the detachment’s commander, the title of Hero of the Soviet Union, presenting him with the Order of Bogdan Khmelnitsky (Soviet Union) and the Gold Star, for his “exemplary execution of commanding duties against the enemy’s rear in the battle against the German fascist invaders, bravery and heroism, and major contributions to the development of the partisan movement in Ukraine.”
On August 21, 1943, the USSR Council of People's Commissars (SNK, Russian: Совет народных комиссаров) and the Communist Party of the Soviet Union's (CPSU) central committee issued a resolution “with regard to certain measures related to the restoration of the national economy in regions liberated from the German occupation”. As a result, in the beginning of 1944, Krivets – under the orders of the CPU central committee – was sent as a specialist with a higher education in the field of sugar production to assist with the restoration of a Smila sugar refinery, where he was appointed as the director. Later, he would serve as the director of the sugar refineries in Horodyshche-Pustovarivs’ke and Talne. He would also, from 1950 on, serve as the deputy head of the Ukrainian SSR’s Main Directorate of Sugar Production (Russian: Главное Управление сахарной промышленности УССР) and, after the directorate’s reform, would serve continuously from 1953 to 1980 as the deputy manager of the Kiev beet sugar trust – serving as the trust’s chief agronomist, manager, and, following the reorganization of the trust into an association, the general director of the Kiev Sahprom (Russian: Сахпром) association. From 1982, he would work as a senior researcher at the All-Union Scientific Research Institute of Sugar Beet (Russian: Всесоюзный научно-исследовательский институт сахарной свёклы).
In 1945, Krivets was a delegate to the first World Federation of Democratic Youth, held in London, where he was the flag bearer for the Ukrainian SSR during the opening ceremony in the Royal Albert Hall.
He was a member of the Communist Party from 1945, and would be elected to serve as a deputy of the Supreme Soviet of the Ukrainian SSR. For many years, he would be elected both as an alternate and a member of the Kiev Regional Committee of the Communist Party of Ukraine and as a member of the Kiev Oblast Soviet of People’s Deputies (Russian: Киевский областной совет народных депутатов).
He successfully defended his dissertation and in 1974 was awarded the Candidate of Sciences in Economics by the USSR Council of Ministers’ Higher Attestation Commission (Diploma of Economics No. 000588). He would publish a total of ten academic works.
In 1973, he published his memoirs in a novel titled Via Crimson Roads (Russian: «Багряными дорогами»), written in Ukrainian and published by the Ukrainian Political Literature Press (Russian: Политиздат Украины).
Stripping and Return of the Hero of the Soviet Union title
In 1978, the Moscow writer Arkadiy Yakovlevich Sahnin invited Krivets for a meeting, having introduced himself as a special correspondent of the newspaper Pravda. The meeting took place in July in the Kiev hotel “Teatralnaya” (Russian: «Театральная»), where Sahnin informed that there were insistent demands from comrades in the CPSU central committee apparatus to have I. L. Dyachenko's (see above) image rehabilitated – namely, they wanted him declared as having been one of the members of the partisan underground. The pressure stemmed from his influential relatives, whose advancement up the career ladder was being hindered by his past connections with the occupational forces. In 1979 and 1980, articles published in Literaturnaya Gazeta exposed Krivets's reportedly false claims about the actions of the partisan detachment. Soon, the CPSU central committee's Central Control Commission of the Communist Party of the Soviet Union (KPK) received a phone call from the general secretary, after which Krivets was summoned to a KPK meeting. The commission would investigate the relevant documents and collect information about Krivets from eyewitnesses and other members of the partisan movement. Consequently, he was expelled from the Party, with the decree to strip Krivets of the Hero of the Soviet Union title and the Order of Bohdan Khmelnitsky, First Class signed by the Presidium of the Supreme Soviet of the USSR a few days later (effective February 28, 1980).
The battle for the honor of the Shchors detachment partisans, dead and alive, went on for over a decade. In the end, a group of former partisans turned to the People's Court (Soviet Union) of Moscow's Sokolnicheskiy district – in accordance with the defendants’ place of residence – to take legal action against Sahnin and the editorial board of Literaturnaya Gazeta. The court accepted the accusations, found them to be just, and obligated Literaturnaya Gazeta to openly refute the previous articles. On September 15, 1991, the newspaper informed its readers, in its “Rights and Morals” (Russian: «Мораль и право») section, that what was presented in the articles of 1979 and 1980 did not match reality. The author of the articles and the newspaper's editorial board presented their apologies.
Under the decree issued by the president of the USSR and effective on July 16, 1991, the Presidium's decree of February 28, 1980 stripping Krivets of the Hero of the Soviet Union title was annulled. On August 29, the head of the secretariat of the Armed Forces of Ukraine (ZSU), the chairman of the ZSU Presidium's Commission of Government Awards (Russian: Комиссии Президиума ВС Украины по государственным наградам), N. G. Homenko, handed to Krivets the Order of Lenin, the Order of Bohdan Khmelnitsky, First Class, the Gold Star, the Hero of the Soviet Union certificate and booklet, and his booklet of awards.
Krivets died on January 27, 1992. He was buried with military rites in the Baikove Cemetery.
Legacy
In the memorial complex “The National Museum of the Great Patriotic War of 1941-1945” (Russian: «Национальный музей истории Великой Отечественной войны 1941—1945 годов») in Kiev, there is an exhibition with a stand dedicated to “Alexander Yeliseyevich Krivets, Hero of the Soviet Union”.
Awards
• Gold Star of the Hero of the Soviet Union (1944)
• Order of Lenin (1944)
• Order of Bohdan Khmelnitsky, First Class (1945)
• Order of the Badge of Honour (thrice – 1958, 1966, 1973)
• Certificate of Honor from the Presidium of the Supreme Soviet of the Ukrainian SSR (Russian: Почётная грамота Президиума Верховного Совета УССР) (1969)
• Order of the October Revolution (1971)
• Medal "To a Partisan of the Patriotic War" (Russian: Медаль «Партизану Отечественной войны»), First Class (1944)
• Medal "For the Victory over Germany in the Great Patriotic War 1941–1945" (Russian: Медаль «За победу над Германией») (1945)
• “Valiant Labor in the Great Patriotic War” Medal (Russian: Медаль «За доблестный труд в Великой Отечественной войне») (1946)
• Medal "For the Defence of Kiev" (Russian: Медаль «За оборону Киева») (1964)
• “Twenty Year Anniversary of the Victory in the Great Patriotic War” Medal (Russian: Медаль «20 лет Победы в Великой Отечественной войне») (1965)
• Jubilee Medal "50 Years of the Armed Forces of the USSR" (Russian: Медаль «50 лет Вооружённых Сил СССР») (1968)
• Jubilee Medal "In Commemoration of the 100th Anniversary of the Birth of Vladimir Ilyich Lenin" (Russian: Медаль «В ознаменование 100-летия со дня рождения Владимира Ильича Ленина») (1970)
• “Twenty-Five Year Anniversary of the Victory in the Great Patriotic War” Medal (Russian: Медаль «25 лет Победы в Великой Отечественной войне») (1970)
• “Thirty Year Anniversary of the Victory in the Great Patriotic War of 1941-1945” Medal (Russian: Медаль «30 лет Победы в Великой Отечественной войне 1941—1945 гг.») (1975)
• USSR VDNH Silver Medal (twice – 1967, 1970)
• USSR VDNH Gold Medal (1974)
• “Top Performer in the USSR Ministry of Food Production’s Socialist emulation” Badge (Russian: Знак «Отличник Социалистического соревнования МПП СССР») (twice – 1973, 1975)
• “Udarnik of the Ninth Five-Year Plan” Badge (Russian: Знак «Ударник 9-й пятилетки») (1975)
References
• T. A. Strokach, Naš pozyvnyj – svoboda. Politvydav Ukrayiny, 1975.
• M. Kanjuka, “The stolen star” (Russian: «Украденная Звезда»), Kto vinovat, No. 12, 1991.
• “Nahorody poverneno”, message from Ukrinform, Sil's'ki visti, August 30, 1991.
• M. Tkachenko, “The truth won" (Pravda vostorzhestvuvala), Desnjans'ka Pravda, September 3, 1991.
• M. Kanjuka, “The stolen star” (Russian: «Украденная Звезда»), Nezavisimost, September 23, 1998.
• I. Vetrov, “In the tough years too we preserve our honor” (Russian: «И в трудные годы честь храним»), Rabochee slovo, November 7, 1991.
• V. Vezhnyn, “The stolen star”, Chreščatyk, November 14, 1991.
• A. Tovkač, “This is the way to the truth (Takyj šljach do pravdy)”, Trudova slava, December 10, 1991.
• S. Chernyak, “Letter to the chief editor”, Kto vinovat, No. 1, 1992.
• A. Burlyga, Memories of a Friend (Russian: «Память о друге») (memoirs). Moscow, May 1995.
Category:1919 births
Category:1992 deaths
| 54,528,212
|
---
abstract: |
We study a clustering problem where the goal is to maximize the coverage of the input points by $k$ chosen centers. Specifically, given a set of $n$ points ${{P}}\subseteq {\mathbb{R}}^d$, the goal is to pick $k$ centers ${{C}}\subseteq {\mathbb{R}}^d$ that maximize the service $ \sum_{\pa \in \PS}\sFunc\bigl( \dSY{\pa}{\CS} \bigr)
$ to the points ${{P}}$, where ${{\mathsf{d}}{\mleft({{{p}},{{C}}}\mright)}}$ is the distance of ${{p}}$ to its nearest center in ${{C}}$, and ${{\mathsf{\varphi}}}$ is a non-increasing service function ${{\mathsf{\varphi}}}: {\mathbb{R}}^+ \to {\mathbb{R}}^+$. This includes problems of placing $k$ base stations as to maximize the total bandwidth to the clients – indeed, the closer the client is to its nearest base station, the more data it can send/receive, and the target is to place $k$ base stations so that the total bandwidth is maximized. We provide an $n^{{{\varepsilon}}^{-O(d)}}$ time algorithm for this problem that achieves a $(1-{{\varepsilon}})$-approximation. Notably, the runtime does not depend on the parameter $k$ and it works for an arbitrary non-increasing service function ${{\mathsf{\varphi}}}: {\mathbb{R}}^+ \to {\mathbb{R}}^+$.
author:
- 'Arturs Backurs[^1]'
- 'Sariel Har-Peled[[^2]]{}'
title: Submodular Clustering in Low Dimensions
---
Introduction
============
Clustering is a fundamental problem, used almost everywhere in computing. It involves partitioning the data into groups of similar objects – and, under various disguises, it is the fundamental problem underlying most machine learning applications. The (theoretically) well studied variants include $k$-median, $k$-means and $k$-center clustering. But many other variants of the clustering problem have been subject of a long line of research [@dhs-pc-01].
A clustering problem is often formalized as a constrained minimization problem of a cost function. The cost function captures the similarity of the objects in the same cluster. By minimizing the cost function we obtain a clustering of the data such that objects in the same cluster are more similar (in some sense) to each other than to those in other clusters. Many of this type of formalizations of clustering are both computationally hard, and sensitive to noise – often because the number of clusters is a hard constraint.
#### Clustering as a quality of service maximization. {#clustering-as-a-quality-of-service-maximization. .unnumbered}
An alternative formalization of the clustering problem is as a *maximization* problem where the goal is to maximize the quality of “service” the data gets from the facilities chosen. As a concrete example, consider a set of $n$ clients, and the problem is building $k$ facilities. The quality of service a client gets is some monotonically decreasing non-negative function of its distance to the closest facility. As a concrete example, for a mobile client, this quantity might be the bandwidth available to the client. We refer to this problem as the *$k$-service* problem.
Such a formalization of clustering has several advantages. The first is diminishing returns (a.k.a. submodularity) – that is, the marginal value of a facility decreases as one adds more facilities. This readily leads to an easy constant approximation algorithm. A second significant advantage is the insensitivity to outliers – a few points being far away from the chosen facilities are going to change the target function by an insignificant amount (naturally, these outliers would get little to no service).
#### Formal problem statement: $k$-service. {#formal-problem-statement-k-service. .unnumbered}
Given a set ${{P}}\subseteq {\mathbb{R}}^d$ of $n$ points, a monotonically decreasing function ${{\mathsf{\varphi}}}:{\mathbb{R}}^+ \rightarrow {\mathbb{R}}^+$, the goal is to choose a set ${{C}}$ of $k$ centers (not necessarily among the $n$ given points), that maximize $\sum_{{{p}}\in {{P}}} {{\mathsf{\varphi}}}\bigl( {{\mathsf{d}}{\mleft({{{p}},{{C}}}\mright)}} \bigr)$, where ${{\mathsf{d}}{\mleft({{{p}},{{C}}}\mright)}} = \min_{{{c}}\in {{C}}} {\left\|{{p}}- {{c}}\right\|}$.
#### Our result. {#our-result. .unnumbered}
We obtain an $n^{{{\varepsilon}}^{-O(d)}}$ time algorithm for this problem that achieves $(1-{{\varepsilon}})$-[approxi]{}[mation]{} for points in ${\mathbb{R}}^d$.
#### Related work. {#related-work. .unnumbered}
Maximum coverage problems, such as partial coverage by disks, were studied in the past [@jlwzz-nltas-18]. These problems can be interpreted as a $k$-service problem, where the function is $1$ within distance $r$ from a facility, and zero otherwise. In particular, Chaplick [*et al.*]{}[@cdrs-asgcp-18] showed a for covering a maximum number of points, out of a given set of disks in the plane. Our result implies a similar result in higher dimensions, except that we consider the continuous case (i.e., our results yields a for covering the maximum number of points using $k$ unit disks). Cohen-Addad [*et al.*]{}[@ckm-lsyas-19] showed that local search leads to a for $k$-median and $k$-means clustering in low dimensions (and also in minor-free graphs). In [@cohen2018fast] it was shown that the local search for $k$-means can be made faster achieving the runtime of $n \cdot k \cdot (\log n)^{(d/{{\varepsilon}})^{O(d)}}$. In [@cohen2018near] near-linear time approximation schemes were obtained for several clustering problems improving on an earlier work (in particular, [@friggstad2019local]). The authors achieve the runtime of $2^{(1/{{\varepsilon}})^{O(d^2)}}n(\log n)^{O(1)}$. The techniques from the above works do not seem to be able to give near-linear time solution for the $k$-service problem, unfortunately. For instance, consider the special case of the $k$-service problem with $k=1$ and where the service function is $1$ within distance $r$ from a facility, and zero otherwise (the maximum coverage problem as above). Even for this very special case of the problem there is no algorithm known running in time $n^{o(d)}$ where $d$ is the dimension of the underlying space. The special case of $k=1$ is a significant obstacle towards obtaining near-linear time algorithms for the $k$-service problem.
Another related line of work is on the kernel density estimation problem where a set $P$ of $n$ points is given and the goal is to preprocess $P$ such that for an arbitrary query point $c$ one can efficiently approximate $\sum_{{{p}}\in {{P}}}{{\mathsf{\varphi}}}\bigl( {{\mathsf{d}}{\mleft({{{p}},c}\mright)}} \bigr)$. The goal is to answer such queries much faster than in $O(nd)$ time, which is just the linear scan. For various service functions ${{\mathsf{\varphi}}}$ and distance functions $\mathsf{d}$ significantly faster algorithms are known [@greengard1991fast; @charikar2017hashing; @backurs2018efficient]. Despite the similarity, however, finding a point (center) $c$ that (approximately) maximizes the sum $\sum_{{{p}}\in {{P}}}{{\mathsf{\varphi}}}\bigl( {{\mathsf{d}}{\mleft({{{p}},c}\mright)}} \bigr)$ seems to be a much harder problem [@georgescu2003mean].[^3] Our work can be seen as a generalization of the latter problem where our goal is to pick $k$ centers instead of one center.
In a another work, Friggstad [*et al.*]{}[@friggstad2019approximation] addressed the clustering problem in the setting with outliers.
#### Balanced divisions. {#balanced-divisions. .unnumbered}
One of the building blocks we need is balanced divisions for Voronoi diagrams. This is present in the recent paper of Cohen-Addad [*et al.*]{}[@ckm-lsyas-19]. The idea of balanced divisions seems to go back to the work of Cohen-Addad and Mathieu [@cm-elsgo-15]. Chaplick [*et al.*]{}[@cdrs-asgcp-18] also prove a similar statement for planar graphs.
For the sake of completeness, we include the proof of the desired balanced divisions we need in . Both here and [@ckm-lsyas-19] uses the Voronoi separator of Bhattiprolu and Har-Peled [@bh-svdls-16] as the starting point to construct the desired divisions. The Voronoi divisions we construct here are slightly stronger than the one present in [@ckm-lsyas-19] – all the batches in the division are approximately of the same size, and each one has a small separator from the rest of the point set.
#### Clustering and submodularity. {#clustering-and-submodularity. .unnumbered}
Work using submodularity in clustering includes Nagano [*et al.*]{}[@nki-macc-10] and Wei [*et al.*]{}[@wiwbb-mrasp-15]. Nagano [*et al.*]{}[@nki-macc-10] considers the problem of computing the multi-way cut, that minimizes the average cost (i.e., number of edges in the cut divided by the number of clusters in the cut). Wei [*et al.*]{}[@wiwbb-mrasp-15] also studies such partitions with average cost target function. These works do not have any direct connection to what is presented here, beyond the usage of submodularity.
#### Paper organization. {#paper-organization. .unnumbered}
We define the problem formally in , and review some necessary tools including submodularity and balanced subdivisions. describes how to find a good exchange for the current solution. We describe the local search algorithm in . The main challenge is to prove that if the local search did not reach a good approximation, then there must be a good exchange that improves the solution – this is proved in .
Preliminaries
=============
[\[sec:prelim\]]{}
#### Notations. {#notations. .unnumbered}
In the following, we use $X+ x$ and $X-x$ as a shorthand for $X \cup {\left\{ {x} \right\}}$ and $X \setminus {\left\{ {x} \right\}}$, respectively.
Given a point ${{p}}\in{\mathbb{R}}^d$, and a set ${{D}}\subseteq {\mathbb{R}}^d$, we denote by ${{\mathsf{d}}{\mleft({{{p}},{{D}}}\mright)}} = \min_{{{f}}\in {{D}}} {\left\|{{p}}- {{f}}\right\|}$ the *distance* of ${{p}}$ from ${{D}}$. A point in ${{D}}$ realizing this distance is the *nearest-neighbor* to ${{p}}$ in ${{D}}$, and is denoted by ${\mathsf{n{}n}{\mleft({{{p}},{{D}}}\mright)}} = \arg \min_{{{c}}\in {{D}}} {\left\|{{c}}- {{p}}\right\|}$.
Service function and problem statement
--------------------------------------
A service function is a monotonically non-increasing function ${{\mathsf{\varphi}}}: {\mathbb{R}}^+ \rightarrow {\mathbb{R}}^+$. In the following, given $x \geq 0$, assume that one can compute, in constant time, both ${{\mathsf{\varphi}}}(x)$ and ${{\mathsf{\varphi}}}^{-1}(x)$. Given a point ${{p}}\in {\mathbb{R}}^d$, and a center ${{c}}\in {\mathbb{R}}^d$, the quality of service that ${{c}}$ provides ${{p}}$ is $ {{{\rho}}{\mleft({ {{c}}, {{p}}}\mright)}} = {{\mathsf{\varphi}}}\bigl( {\left\|{{p}}- {{c}}\right\|}
\bigr)$. For a set of centers ${{C}}$, the quality of service it provides to ${{p}}$ is $${{{\rho}}{\mleft({ {{C}}, {{p}}}\mright)}} = \max_{{{c}}\in {{C}}} {{{\rho}}{\mleft({ {{c}}, {{p}}}\mright)}} = {{{\rho}}{\mleft({ {\mathsf{n{}n}{\mleft({{{p}},{{C}}}\mright)}}, {{p}}}\mright)}}.$$ The service to ${{P}}$ provided by the set of centers ${{C}}$, or just profit, is $${{{\rho}}{\mleft({ {{C}}}\mright)}} = {{{\rho}}{\mleft({ {{C}}, {{P}}}\mright)}} = \sum_{{{p}}\in {{P}}} {{{\rho}}{\mleft({ {{C}}, {{p}}}\mright)}}.$$
In the $k$-service problem, the task is to compute the set ${{C^*}}$ of $k$ points that realizes $${\mathrm{opt}^{}_{k}{\mleft({ {{P}}}\mright)}} = \max_{{{C}}\subseteq {\mathbb{R}}^d, {\left| {{{C}}} \right|} = k}
{{{\rho}}{\mleft({ {{C}}, {{P}}}\mright)}}.$$
Submodularity
-------------
The above is a submodular optimization problem. Indeed, consider a center point ${{c}}$, and a set of centers ${{C}}$. The cell of ${{c}}$, in the Voronoi partition induced by ${{C}}$, is $${\mathsf{cl}{\mleft({{{c}},{{C}}}\mright)}} = {\left\{ {{p}}\in {{P}}\;\middle\vert\; \!\bigl. {\left\|{{c}}- {{p}}\right\|} < {{\mathsf{d}}{\mleft({{{p}},{{C}}- {{c}}}\mright)}} \right\}}.$$
The marginal value of ${{c}}$ is $${{\nabla}{\mleft({{{c}}, {{C}}}\mright)}} = {{{\rho}}{\mleft({ {{C}}+ {{c}}, {{P}}}\mright)}} - {{{\rho}}{\mleft({ {{C}}- {{c}}, {{P}}}\mright)}}
= \sum_{{{p}}\in {\mathsf{cl}{\mleft({{{c}},{{C}}+{{c}}}\mright)}}}
{\mleft({ {{{\rho}}{\mleft({ {{C}}+{{c}}, {{p}}}\mright)}} - {{{\rho}}{\mleft({ {{C}}-{{c}}, {{p}}}\mright)}} }\mright)}.$$ In words, this is the increase in the service that one gets from adding the center ${{c}}$.
For two sets of centers ${{D}}\subseteq {{C}}$, and a center ${{c}}$, observe that ${\mathsf{cl}{\mleft({{{c}},{{C}}+{{c}}}\mright)}} \subseteq {\mathsf{cl}{\mleft({{{c}},{{D}}+{{c}}}\mright)}}$. In particular, we have $$\begin{aligned}
{{\nabla}{\mleft({{{c}}, {{D}}}\mright)}} &= \sum_{{{p}}\in {\mathsf{cl}{\mleft({{{c}},{{D}}+{{c}}}\mright)}}}
{\mleft({ {{{\rho}}{\mleft({ {{c}}, {{p}}}\mright)}} - {{{\rho}}{\mleft({ {{D}}, {{p}}}\mright)}} }\mright)}
\geq \sum_{{{p}}\in {\mathsf{cl}{\mleft({{{c}},{{C}}+{{c}}}\mright)}}}
{\mleft({ {{{\rho}}{\mleft({ {{c}}, {{p}}}\mright)}} - {{{\rho}}{\mleft({ {{D}}, {{p}}}\mright)}} }\mright)}
\\& \geq \sum_{{{p}}\in {\mathsf{cl}{\mleft({{{c}},{{C}}+{{c}}}\mright)}}}
{\mleft({ {{{\rho}}{\mleft({ {{c}}, {{p}}}\mright)}} - {{{\rho}}{\mleft({ {{C}}, {{p}}}\mright)}} }\mright)}
= {{\nabla}{\mleft({{{c}}, {{C}}}\mright)}}. $$ This property is known as submodularity.
Balanced divisions
------------------
For a point set ${{P}}\subseteq {\mathbb{R}}^d$, the Voronoi diagram of ${{P}}$, denoted by ${{\mathcal{V}}{\mleft({{{P}}}\mright)}}$ is the partition of space into convex cells, where the Voronoi cell of ${{p}}\in {{P}}$ is $${{\mathcal{C}}_{{{P}}} {\mleft({{{p}}}\mright)}} = {\left\{ {{q}}\in {\mathbb{R}}^d \;\middle\vert\; {\left\|{{q}}- {{p}}\right\|} \leq {{\mathsf{d}}{\mleft({{{q}}, {{P}}- {{p}}}\mright)}} \right\}},$$where ${{\mathsf{d}}{\mleft({{{q}}, {{P}}}\mright)}} = \min_{{{t}}\in {{P}}} {\left\|{{q}}- {{t}}\right\|}$ is the distance of ${{q}}$ to the set ${{P}}$, see [@bcko-cgaa-08] for more details on Voronoi diagrams.
[\[def:def2\]]{} Let ${{P}}$ be a set of points in ${\mathbb{R}}^d$, and ${{P}}_1$ and ${{P}}_2$ be two disjoint subsets of ${{P}}$. The sets ${{P}}_1$ and ${{P}}_2$ are Voronoi separated in ${{P}}$ if for all ${{p}}_1 \in {{P}}_1$ and ${{p}}_2 \in {{P}}_2$, we have that their Voronoi cells are disjoint – that is, ${{\mathcal{C}}_{{{P}}} {\mleft({{{p}}_1}\mright)}} \cap {{\mathcal{C}}_{{{P}}} {\mleft({{{p}}_2}\mright)}} = \emptyset$. That is, the Voronoi cells of the pointsets are non-adjacent.
Given a set ${{P}}$ of $n$ points in ${\mathbb{R}}^d$, a set of pairs ${\left\{ { ({{B}}_1, {{\partial}}_1), \ldots, ({{B}}_m,{{\partial}}_m)} \right\}}$ is a Voronoi ${{\alpha}}$-division of ${{P}}$, if for all $i$, we have
${{B}}_1, \ldots, {{B}}_m$ are disjoint,
$\bigcup_j {{B}}_j = {{P}}$,
pointset ${{\partial}}_i$ Voronoi separates ${{B}}_i$ from ${{P}}\setminus {{B}}_i$ in the Voronoi diagram of ${{P}}\cup {{\partial}}_i$ in the sense of , and
${\left| {{{B}}_i} \right|} \leq {{\alpha}}$.
The set ${{B}}_i$ is the $i$[th]{}batch, and ${{\partial}}_i$ is its boundary.
A balanced coloring is a coloring $\chi: {{P}}\rightarrow \{-1,+1\}$ of ${{P}}$ by $\pm 1$, such that $\chi({{P}}) = \sum_{{{p}}\in {{P}}} \chi({{p}}) = 0$. For a set $X \subseteq {{P}}$, its discrepancy is ${\left| { \chi(X)} \right|}$. We need the following balanced ${{\alpha}}$-division result. Since this result is slightly stronger than what is available in the literature, and is not stated explicitly in the form we need it, we provide a proof for the sake of completeness in .
Given a set ${{P}}$ of $n$ points in ${\mathbb{R}}^d$, parameters $\delta \in (0,1)$ and ${{\alpha}}= \Omega(1/\delta^{d+1})$, and a balanced coloring $\chi$ of ${{P}}$, one can compute in polynomial time, a Voronoi ${{\alpha}}$-division ${{\mathcal{D}}}= {\left\{ { ({{B}}_1, {{\partial}}_1), \ldots, ({{B}}_m,{{\partial}}_m)} \right\}}$, such that the following holds:
$\bigcup {{B}}_i = {{P}}$, and the batches ${{B}}_1, \ldots, {{B}}_m$ are disjoint.
$m = O( n/{{\alpha}})$.
For all $i$, we have the following properties:
the set ${{\partial}}_i$ Voronoi separates ${{B}}_i$ from ${{P}}\setminus {{B}}_i$.
$(1-\delta){{\alpha}}\leq {\left| {{{B}}_i} \right|} \leq {{\alpha}}$ (except for the last batch, which might be of size at least $(1-\delta){{\alpha}}$, and at most size $2{{\alpha}}$).
${\left| {{{\partial}}_i} \right|} \leq \delta {\left| {{{B}}_i} \right|}$.
$|\chi({{B}}_i)| \leq \delta {\left| {{{B}}_i} \right|}$.
[[\[theo:div:balanced\]]{}]{}
Computing a good local exchange (if it exists)
==============================================
[\[sec:good:exchange\]]{}
[\[lemma:aprox:marginal:1\]]{} Let ${{P}}$ be a set of $n$ points in ${\mathbb{R}}^d$, and let ${{C}}$ be a set of $k$ centers. Given a parameter ${{\varepsilon}}\in (0,1)$, one can $(1-{{\varepsilon}})$-approximate the center ${{c}}\in {\mathbb{R}}^d$ that maximizes the marginal value in $(n/{{\varepsilon}})^{O(d)}$ time. Formally, we have ${{\nabla}{\mleft({{{c}}, {{C}}}\mright)}} \geq (1-{{\varepsilon}})\max_{{{f}}\in {\mathbb{R}}^d \setminus
{{C}}}{{\nabla}{\mleft({{{f}}, {{C}}}\mright)}}$.
Let ${{\rho}}= {{{\rho}}{\mleft({ {{C}}, {{P}}}\mright)}}$, ${{g}}= \arg \max_{{{f}}\in {{P}}}{{\nabla}{\mleft({{{f}}, {{C}}}\mright)}}$, $\Delta = {{\nabla}{\mleft({{{g}}, {{C}}}\mright)}}$, and ${{\mathsf{u}}}= {{\mathsf{\varphi}}}(0)$. Clearly, the profit of the optimal solution, after adding any number of centers to ${{C}}$ (but at least one), is somewhere in the interval $[{{\rho}}+ \Delta, n {{\mathsf{u}}}] \subseteq [{{\rho}}+ \Delta, {{\rho}}+ n \Delta]$, which follows from ${{\mathsf{u}}}\leq ({{\rho}}/n)+\Delta$. For a point ${{p}}\in {{P}}$, let $$v({{p}},i) = \min \!{\vcenter{\hbox{\scalebox{1.5}{\ensuremath(}}}}{{{\rho}}{\mleft({ {{C}}, {{p}}}\mright)}} +
\ell(i), \, {{\mathsf{u}}}{\vcenter{\hbox{\scalebox{1.5}{\ensuremath)}}}} \qquad \text{ where }
\ell(i) = (1+{{\varepsilon}}/4)^i \frac{{{\varepsilon}}\Delta}{4n},$$ for $i=0, \ldots, N$, where $N={\left\lceil {16(\ln n)/{{\varepsilon}}^2} \right\rceil}$. Let $r({{p}}, i) = {{\mathsf{\varphi}}}^{-1}\bigl(v({{p}},i)\bigr)$ (this is the radius from ${{p}}$ where a center provides service $v({{p}},i)$).
Place a sphere of radius $r({{p}},i)$ around each point ${{p}}\in {{P}}$, for $i=0,\ldots, N$. Let ${{\mathcal{F}}}$ be the resulting set of spheres. Compute the arrangement ${\mathcal{A}{\mleft({{{\mathcal{F}}}}\mright)}}$, and place a point inside each face of this arrangement. Let ${{Q}}$ be the resulting set of points. Compute the point ${{c}}\in
{{Q}}$ realizing $\max_{{{f}}\in {{Q}}}
{{\nabla}{\mleft({{{f}}, {{C}}}\mright)}}$, and return it as the desired new center.
To show the correctness, consider the (open) face $F$ of ${\mathcal{A}{\mleft({C}\mright)}}$, that contains ${{c^*}}$, where ${{c^*}}$ is the optimal center to be added. Let ${{f}}$ be any point of ${{Q}}$ in $F$. Let $${{\nabla}}({{f}}, {{p}}) = {{{\rho}}{\mleft({ {{f}}\cup {{C}}, {{p}}}\mright)}} -
{{{\rho}}{\mleft({ {{C}}, {{p}}}\mright)}}.$$ Define ${{\nabla}}({{c^*}},{{p}})$ similarly. Clearly, we have ${{\nabla}{\mleft({{{f}}, {{C}}}\mright)}} =
\sum_{{{p}}\in {{P}}} {{\nabla}}({{f}},{{p}})$. Let ${{P}}_1$ be all the points ${{p}}$ of ${{P}}$ such that ${{\nabla}}({{c^*}},{{p}}) \leq {{\nabla}}({{f}},{{p}}) + {{\varepsilon}}\Delta/(4n)$. Similarly, let ${{P}}_2$ be all the points ${{p}}$ of ${{P}}$, such that $${{\nabla}}({{c^*}},{{p}}) > {{\nabla}}({{f}},{{p}}) + {{\varepsilon}}\Delta/(4n).$$ For any point ${{p}}\in {{P}}_2$, by the choice of $N$, there exists an index $i$, such that $\ell(i) \leq
{{\nabla}}({{c^*}},{{p}}) < \ell(i+1)$. By the choice of ${{f}}$ from the arrangement, we have that ${{\nabla}}({{f}},{{p}}) \geq
\ell(i)$, which in turn implies that $${{\nabla}}({{f}},{{p}})
\leq {{\nabla}}({{c^*}},{{p}}) < (1+{{\varepsilon}}/4)
{{\nabla}}({{f}},{{p}})
\implies {{\nabla}}({{f}},{{p}}) \geq (1-{{\varepsilon}}/2){{\nabla}}({{c^*}},{{p}}).$$ We thus have the following $$\begin{aligned}
{{\nabla}{\mleft({{{f}}, {{C}}}\mright)}}
&= \sum_{{{p}}\in {{P}}} {{\nabla}}({{f}},{{p}})
= \sum_{{{p}}\in {{P}}_1} {{\nabla}}({{f}},{{p}})
+\sum_{{{p}}\in {{P}}_2} {{\nabla}}({{f}},{{p}}) \\
& \geq \sum_{{{p}}\in {{P}}_1} \bigl( {{\nabla}}({{c^*}},{{p}}) - \frac{{{\varepsilon}}\Delta}{4n}\bigr)
+\sum_{{{p}}\in {{P}}_2} (1-{{\varepsilon}}/2){{\nabla}}({{c^*}},{{p}})
\\
&\geq (1-{{\varepsilon}}/2)\sum_{{{p}}\in {{P}}} {{\nabla}}({{c^*}},{{p}}) -
\frac{{{\varepsilon}}\Delta}{4}
\geq (1-{{\varepsilon}}){{\nabla}{\mleft({{{c^*}}, {{C}}}\mright)}}.
\end{aligned}$$
The runtime follows from the observation that the number of faces in the arrangement is $(n/{{\varepsilon}})^{O(d)}$.
[\[lemma:const:approx\]]{} Given a set ${{P}}$ of $n$ points in the plane, and a parameter $k$, one can compute in polynomial time (i.e., $n^{O(d)}$) a constant approximation to ${{\rho}^{}_{{{\mathsf{O}}}}}= {\mathrm{opt}^{}_{k}{\mleft({ {{P}}}\mright)}}$.
Follows by using in a greedy fashion $k$ times, with ${{\varepsilon}}=0.1$, to get a set of $k$ centers. The quality of approximation readily follows from known results about submodularity [@w-agass-82]. Indeed, let $v_i = {{{\rho}}{\mleft({ {{C}}_i, {{P}}}\mright)}}$ be the service provided by the first $i$ centers computed. By submodularity, and the quality guarantee of , we have that ${{\nabla}{\mleft({{{c}}_i, {{C}}_{i-1}}\mright)}} \geq (1-{{\varepsilon}}) ({{\rho}^{}_{{{\mathsf{O}}}}}- v_{i-1})/k$. In particular, setting $\Delta_0= {{\rho}^{}_{{{\mathsf{O}}}}}$, and $\Delta_i = {{\rho}^{}_{{{\mathsf{O}}}}}- v_{i-1}$, we have that $\Delta_i \leq (1 - (1-{{\varepsilon}})/k) \Delta_{i-1}$. As such, $\Delta_k \leq \exp{\mleft({ - k (1-{{\varepsilon}}) /k }\mright)}\Delta_0 =
{{\rho}^{}_{{{\mathsf{O}}}}}/e^{{{\varepsilon}}-1} \leq {{\rho}^{}_{{{\mathsf{O}}}}}/2$. Namely, we have $v_k \geq {{\rho}^{}_{{{\mathsf{O}}}}}/2$, as desired.
For two sets of points $S$ and ${{C}}$ we define ${{\nabla}{\mleft({S, {{C}}}\mright)}} = {{{\rho}}{\mleft({ {{C}}+ S , {{P}}}\mright)}} - {{{\rho}}{\mleft({ {{C}}- S , {{P}}}\mright)}}$.
[\[lemma:aprox:marginal:set\]]{} Let ${{P}}$ be a set of $n$ points in ${\mathbb{R}}^d$, and let ${{C}}$ be a set of $k$ centers. Given an integer $t\geq 1$, a parameter ${{\varepsilon}}\in (0,1)$, in $(n/{{\varepsilon}})^{O(dt)}$ time, one can $(1-{{\varepsilon}})$-approximate the set $S \subset {\mathbb{R}}^d$ with $|S|=t$ that maximizes the marginal value in $(n/{{\varepsilon}})^{O(td)}$ time. Formally, we have ${{\nabla}{\mleft({S, {{C}}}\mright)}} \geq (1-{{\varepsilon}})\max_{F \subset {\mathbb{R}}^d,\
|F|=t}{{\nabla}{\mleft({F, {{C}}}\mright)}}$.
Consider the optimal set $F$ of size $t$. Denote it by $S^*$. Compute the same arrangement as in the proof of . Let $F_1, \ldots, F_t$ be the faces of ${\mathcal{A}{\mleft({C}\mright)}}$ that contain the $t$ points of $S^*$. Pick an arbitrary point from each $F_i$ and let $S$ be the resulting point set of size $t$. Define $${{\nabla}}(S, {{p}}) = {{{\rho}}{\mleft({ S \cup {{C}}, {{p}}}\mright)}} -
{{{\rho}}{\mleft({ {{C}}, {{p}}}\mright)}}.$$ and similarly ${{\nabla}}(S^*, {{p}})$.
As in the proof of , let $P_1$ be all the points of $P$ such that ${{\nabla}}(S^*,{{p}}) \leq {{\nabla}}(S,{{p}}) + {{\varepsilon}}\Delta/4n$ and $P_2$ be all the points of $P$ such that $${{\nabla}}(S^*,{{p}}) > {{\nabla}}(S,{{p}}) + {{\varepsilon}}\Delta/4n.$$ We also conclude that ${{\nabla}}(S,{{p}}) \geq (1-{{\varepsilon}}/2){{\nabla}}(S^*,{{p}})$ for all $p \in P_2$. We get $$\begin{aligned}
{{\nabla}{\mleft({S, {{C}}}\mright)}}
&= \sum_{{{p}}\in {{P}}} {{\nabla}}(S,{{p}})
= \sum_{{{p}}\in {{P}}_1} {{\nabla}}(S,{{p}})
+\sum_{{{p}}\in {{P}}_2} {{\nabla}}(S,{{p}})
\\&
\geq \sum_{{{p}}\in {{P}}_1} \bigl( {{\nabla}}(S^*,{{p}}) - \frac{{{\varepsilon}}\Delta}{4n}\bigr)
+\sum_{{{p}}\in {{P}}_2} (1-{{\varepsilon}}/2){{\nabla}}(S^*,{{p}})
\\& \geq (1-{{\varepsilon}}/2)\sum_{{{p}}\in {{P}}} {{\nabla}}(S^*,{{p}}) -
\frac{{{\varepsilon}}\Delta}{4}
\geq (1-{{\varepsilon}}){{\nabla}{\mleft({S^*, {{C}}}\mright)}}.
\end{aligned}$$
The runtime follows from the observation that the number of faces in the arrangement is $(n/{{\varepsilon}})^{O(d)}$ and that it is sufficient to consider subsets of size $t$ of the faces.
The local search algorithm
==========================
[\[sec:local:search\]]{}
The algorithm starts with a constant approximation, using the algorithm of . Next, the algorithm performs local exchanges, as long as it can find a local exchange that is sufficiently profitable.
Specifically, let ${{\alpha}}= O(1/{{\varepsilon}}^{d})$, and let ${{\xi}}= O({{\alpha}}/{{\varepsilon}}) = O(1/{{\varepsilon}}^{d+1})$. Assume that one can “quickly” check given a set of $k$ centers ${{C}}$, whether there is a local exchange of size ${{\xi}}$, such that the resulting set of centers provides service $(1+{{\varepsilon}}^2/(16k)) {{\rho}}_{\mathrm{curr}}$, where ${{\rho}}_{\mathrm{curr}}$ is the service of the current solution. To this end, the algorithm considers at most $k^{{\xi}}$ possible subsets of the current set of centers that might be dropped, and for each such subset, one can apply , to compute (approximately) the best possible centers to add. If all such subsets do not provide an improvement, the algorithm stops.
#### Running time analysis. {#running-time-analysis. .unnumbered}
The algorithm starts with a constant approximation. As such, there could be at most $O( k/{{\varepsilon}}^2)$ local exchanges before the algorithm must terminate. Finding a single such exchange requires applying $k^{{\xi}}$ times. is invoked with $t
={{\xi}}$. The resulting running time is $k^{{{\xi}}}(n/{{\varepsilon}})^{O(d {{\xi}})} = (n/{{\varepsilon}})^{O(d/{{\varepsilon}}^{d+1})}$, where we remember that $k\leq n$.
Correctness of the local search algorithm
=========================================
[\[sec:correctness\]]{}
Here we show that if the local algorithm has reached a local optimum, then it reached a solution that is a good approximation to the optimal solution.
[\[rem:shortcut\]]{} In the following, we simplify the analysis at some points, by assuming that the local solution takes an exchange if it provides any improvement (the algorithm, however, takes an exchange only if it is a significant improvement). Getting rid of the assumption and modifying the analysis is straightforward, but tedious.
Notations
---------
Let ${{\mathsf{L}}}$ and ${{\mathsf{O}}}$ be the local and optimal set of $k$ centers. Let ${{\mathcal{U}}}= {{\mathsf{L}}}\cup {{\mathsf{O}}}$. Assign a point of ${{\mathcal{U}}}$ color $+1$ if it is in ${{\mathsf{O}}}$ and $-1$ if it is in ${{\mathsf{L}}}$ (for the sake of simplicity of exposition assume no point belong to both sets). Let ${{\gamma}}$ be a sufficiently large constant. For $\delta = {{\varepsilon}}/{{\gamma}}$ and ${{\alpha}}= O(1/\delta^{d+1})$, compute a ${{\alpha}}$-division ${{\mathcal{D}}}= {\left\{ { ({{B}}_1, {{\partial}}_1), \ldots, ({{B}}_m,{{\partial}}_m)} \right\}}$ of ${{\mathsf{L}}}\cup {{\mathsf{O}}}$, using .
Let ${{\mathsf{L}}}_i = {{B}}_i \cap {{\mathsf{L}}}$, ${{\overline{\mathsf{L}}_{i}}} = {{\mathsf{L}}}_i \cup {{\partial}}_i$, ${{\mathsf{O}}}_i = {{B}}_i \cap {{\mathsf{O}}}$, ${{\overline{\mathsf{O}}_{i}}} = {{\mathsf{O}}}_i \cup {{\partial}}_i$, ${{\mathcalb{l}}}_i = {\left| {{{\mathsf{L}}}_i} \right|}$, and ${{\mathcalb{o}}}_i = {\left| {{{\mathsf{O}}}_i} \right|}$, for all $i$. Let ${{\overline{\mathsf{L}}}}= \bigcup_i {{\overline{\mathsf{L}}_{i}}}$, and ${{\overline{\mathsf{O}}}}= \bigcup_i {{\overline{\mathsf{O}}_{i}}}$. Let ${{\partial}}= \bigcup_i {{\partial}}_i$. By construction, we have that $\sum_i {\left| {{{\partial}}_i} \right|} \leq \delta 2 k \leq {{\varepsilon}}k / 4$ if ${{\gamma}}$ is a sufficiently large constant.
Submodularity implies slow degradation
--------------------------------------
The following is a well known implication of submodularity. We include the proof for the sake of completeness.
[\[lemma:slow:degradation\]]{} Let ${{C}}$ be a set of $k$ centers. Then, for any $t \leq k$, there exists a subset ${{C}}' \subseteq {{C}}$ of size $t$, such that $ \profitX{\CS'} \geq \frac{t}{k} \profitX{\CS},
$ where ${{{\rho}}{\mleft({ {{C}}}\mright)}} = {{{\rho}}{\mleft({ {{C}}, {{P}}}\mright)}}$.
Let ${{C}}_0 = {{C}}$. In the $i$[th]{}iteration, we greedily remove the point of ${{C}}_{i-1}$ that is minimizing the marginal value. Formally, $${{f}}_i = \arg \min_{{{c}}\in {{C}}_{i-1}} {{\nabla}{\mleft({{{c}}, {{C}}_{i-1}-{{c}}}\mright)}},$$ and ${{C}}_i = {{C}}_{i-1} - {{f}}_i$. By submodularity, we have that ${{\nabla}{\mleft({{{f}}_i, {{C}}_{i-1}-{{f}}_i}\mright)}} \leq {{{\rho}}{\mleft({ {{C}}_{i-1}}\mright)}}
/{\left| {{{C}}_{i-1}} \right|}$. As such, we have $$\begin{aligned}
{{{\rho}}{\mleft({ {{C}}_i}\mright)}} &= {{{\rho}}{\mleft({ {{C}}_{i-1}}\mright)}} -
{{\nabla}{\mleft({{{f}}_i, {{C}}_{i-1}-{{f}}_i}\mright)}}
\geq
{\mleft({1 - \frac{1}{k-i+1}}\mright)} {{{\rho}}{\mleft({ {{C}}_{i-1}}\mright)}}
= \frac{k-i}{k-i+1} {{{\rho}}{\mleft({ {{C}}_{i-1}}\mright)}}
\\
&\geq \frac{k-i}{k-i+1} \cdot \frac{k-i+1}{k-i+1+1} \cdots
\frac{k-1}{k} {{{\rho}}{\mleft({ {{C}}_0}\mright)}}
= \frac{k-i}{k} {{{\rho}}{\mleft({ {{C}}}\mright)}}.
\end{aligned}$$ The claim now readily follows by taking the set ${{C}}_{k-t}$.
Boundary vertices are not profitable
------------------------------------
First, we argue that adding the boundary points, does not increase the profit/service significantly, for either the local or optimal solutions.
[\[lemma:b:not:profitable\]]{} ${{{\rho}}{\mleft({ {\hspace{0.6pt}}{{{\overline{\mathsf{L}}}}}{\hspace{0.6pt}}}\mright)}} \leq (1+{{\varepsilon}}/4){{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}$ and ${{{\rho}}{\mleft({ {\hspace{0.6pt}}{{{\overline{\mathsf{O}}}}}{\hspace{0.6pt}}}\mright)}} \leq (1+{{\varepsilon}}/4){{{\rho}}{\mleft({ {{\mathsf{O}}}}\mright)}}$.
Let $p = {\left| {{{\partial}}} \right|}$. Consider a point ${{c}}\in {{\partial}}$, and observe that ${{\nabla}{\mleft({{{c}}, {{\mathsf{L}}}}\mright)}} \leq {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}/k$. This is a standard consequence of submodularity and greediness/local optimality. To see that, order the centers of ${{\mathsf{L}}}= {\left\{ {{{c}}_1, \ldots, {{c}}_k} \right\}}$ in an arbitrary order. Let ${{\nabla}}_i = {{\nabla}{\mleft({{{c}}_i, {\left\{ {{{c}}_1,\ldots, {{c}}_{i-1}} \right\}}}\mright)}} \geq 0$, for $i=1,\ldots, k$, and observe that ${{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} = \sum_{i=1}^k {{\nabla}}_i$. As such, there exists an index $i$, such that ${{\nabla}}_i \leq {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}/k$. By submodularity, we have that $ \mrgY{\ca_i}{\Lopt - \ca_i}%
\leq%
\mrgY{\ca_i}{\brc{\ca_1,\ldots, \ca_{i-1}}} =%
\mrgC_i%
\leq%
\profitX{\Lopt}/k,
$ and $ \mrgY{\ca}{\Lopt - \ca_i} \geq \mrgY{\ca}{\Lopt }.
$ Assume, for the sake of contradiction, that ${{\nabla}{\mleft({{{c}}, {{\mathsf{L}}}}\mright)}} > {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}/k$. We have that $$\begin{aligned}
{{{\rho}}{\mleft({ {{\mathsf{L}}}- {{c}}_i + {{c}}}\mright)}} &= {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} - {{\nabla}{\mleft({{{c}}_i, {{\mathsf{L}}}- {{c}}_i}\mright)}} +
{{\nabla}{\mleft({{{c}}, {{\mathsf{L}}}- {{c}}_i}\mright)}}
\geq {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} -\frac{{{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}}{k} + {{\nabla}{\mleft({{{c}}, {{\mathsf{L}}}}\mright)}}
\\&
> {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} -\frac{{{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}}{k} +
\frac{{{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}}{k} = {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}.
\end{aligned}$$ But the local search algorithm considered this swap, which means that ${{\mathsf{L}}}- {{c}}_i + {{c}}$ can not be more profitable than the local solution. A contradiction (see ).
Setting ${{\partial}}= \{{{f}}_1, \ldots, {{f}}_p\}$, we have $${{{\rho}}{\mleft({ {\hspace{0.6pt}}{{{\overline{\mathsf{L}}}}}{\hspace{0.6pt}}}\mright)}} = {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} + \sum_{i=1}^p{{\nabla}{\mleft({{{f}}_i, {{\mathsf{L}}}+
{{f}}_1+ \cdots + {{f}}_{i-1}}\mright)}}
\leq {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} + \sum_{i=1}^p {{\nabla}{\mleft({{{f}}_i, {{\mathsf{L}}}}\mright)}}
\leq {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} + p {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}}/k
\leq (1+{{\varepsilon}}/4) {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}},$$ since $p = {\left| {{{\partial}}} \right|} \leq {{\varepsilon}}k /4$. The second claim follows by a similar argument.
If there is a gap, then there is a swap
---------------------------------------
The contribution of the clusters ${{\mathsf{L}}}_i$ and ${{\mathsf{O}}}_i$ is $${{\nabla}}{{\mathsf{L}}}_i =
{{\nabla}{\mleft({{{\mathsf{L}}}_i, {{\overline{\mathsf{L}}}}\setminus {{\mathsf{L}}}_i}\mright)}}.
\qquad\text{and}\qquad {{\nabla}}{{\mathsf{O}}}_i =
{{\nabla}{\mleft({{{\mathsf{O}}}_i, {{\overline{\mathsf{O}}}}\setminus {{\mathsf{O}}}_i}\mright)}},
{\label{equation:contrib}}$$ respectively. Notice that, because of the separation property, the points in ${{P}}$ that their coverage change when we move from ${{\overline{\mathsf{L}}}}\setminus {{\mathsf{L}}}_i$ to ${{\overline{\mathsf{L}}}}$, are points that are served by ${{\partial}}_i \subseteq {{\overline{\mathsf{L}}}}\setminus {{\mathsf{L}}}_i$ (same holds for ${{\overline{\mathsf{O}}}}\setminus {{\mathsf{O}}}_i$ and ${{\overline{\mathsf{O}}}}$).
This implies that $${{\nabla}{\mleft({{{\mathsf{L}}}, {{\partial}}}\mright)}} = \sum_i {{\nabla}}{{\mathsf{L}}}_i
\qquad\text{and}\qquad {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}} = \sum_i {{\nabla}}{{\mathsf{O}}}_i.$$
In the following, we assume that $ \profitX{\Lopt} < (1-\eps) \profitX{\Opt}.$ By this implies that $ \profitX{ \ts{\LM}\ts } \leq (1+\eps/4)\profitX{\Lopt} <
(1+\eps/4)(1-\eps) \profitX{\Opt} \leq%
(1-\eps/2) \profitX{\Opt} \leq (1-\eps/2) \profitX{\OM}.$ As such, we have $$\begin{aligned}
{{{\rho}}{\mleft({ {{\overline{\mathsf{L}}}}}\mright)}} < (1-{{\varepsilon}}/2) {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}
\implies
&
{{{\rho}}{\mleft({ {{\partial}}}\mright)}} + {{\nabla}{\mleft({{{\mathsf{L}}}, {{\partial}}}\mright)}}
< (1-{{\varepsilon}}/2) {\mleft({ {{{\rho}}{\mleft({ {{\partial}}}\mright)}} + {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}}\mright)}
\\ \implies
& {{\nabla}{\mleft({{{\mathsf{L}}}, {{\partial}}}\mright)}}
< (1-{{\varepsilon}}/2) {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}
- ({{\varepsilon}}/2){{{\rho}}{\mleft({ {{\partial}}}\mright)}}
\\ \implies
& {{\nabla}{\mleft({{{\mathsf{L}}}, {{\partial}}}\mright)}}
< (1-{{\varepsilon}}/2) {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}
\\ \implies
& ({{\varepsilon}}/2) {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}
< \sum_i ({{\nabla}}{{\mathsf{O}}}_i - {{\nabla}}{{\mathsf{L}}}_i).\end{aligned}$$ By averaging, this implies that there exists an index $t$, such that $$\begin{aligned}
& {{\nabla}}{{\mathsf{O}}}_t - {{\nabla}}{{\mathsf{L}}}_t
> \frac{{{\varepsilon}}}{2k}{{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}
> \frac{{{\varepsilon}}}{2k}\bigl({{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}-{{\nabla}{\mleft({{{\mathsf{L}}}, {{\partial}}}\mright)}}\bigr) \\
&= \frac{{{\varepsilon}}}{2k}\bigl({{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}-{{{\rho}}{\mleft({ {{\overline{\mathsf{L}}}}}\mright)}}\bigr) \geq \frac{{{\varepsilon}}}{2k} \cdot \frac{{{\varepsilon}}}{2} {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}
\geq \frac{{{\varepsilon}}^2}{4k} {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}},
{\label{equation:good:exchange}}$$ where in the second to last inequality we use that ${{{\rho}}{\mleft({ {{\overline{\mathsf{L}}}}}\mright)}} < (1-{{\varepsilon}}/2) {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}$. Namely, there is a batch where the local and optimal solution differ significantly.
### An unlikely scenario
Assume that ${\left| {{{\mathsf{L}}}_t} \right|} \geq {\left| {{{\mathsf{O}}}_t} \right|} + {\left| {{{\partial}}_t} \right|}$. We then have that $${{{\rho}}{\mleft({ {{\mathsf{L}}}+{{\partial}}_t - {{\mathsf{L}}}_t + {{\mathsf{O}}}_t }\mright)}} = {{{\rho}}{\mleft({ {{\mathsf{L}}}+{{\partial}}_t}\mright)}} - {{\nabla}}{{{\mathsf{L}}}_t} + {{\nabla}}{{\mathsf{O}}}_t
\geq {{{\rho}}{\mleft({ {{\mathsf{L}}}}\mright)}} + \frac{{{\varepsilon}}^2}{4k } {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}.$$ But this is impossible, since the local search algorithm would have performed the exchange ${{\mathsf{L}}}+{{\partial}}_t - {{\mathsf{L}}}_t + {{\mathsf{O}}}_t $, since ${\left| {{{\partial}}_t} \right|} + {\left| {{{\mathsf{L}}}_t} \right|} + {\left| {{{\mathsf{O}}}_t} \right|}$ is smaller than the size of exchanges considered by the algorithm.
### The general scenario
[\[lemma:shrink\]]{} There exists a subset $Y \subseteq {{\mathsf{O}}}_t$, such that ${\left| {{{\mathsf{L}}}_t} \right|} \geq {\left| {Y} \right|} + {\left| {{{\partial}}_t} \right|}$, and $${{\nabla}{\mleft({Y, {{\overline{\mathsf{O}}}}\setminus {{\mathsf{O}}}_t}\mright)}}
\geq {{\nabla}}{{\mathsf{L}}}_t + \frac{{{\varepsilon}}^2}{8k}{{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}},$$ see .
We have that $({{\varepsilon}}/2) {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}} < \sum_i ({{\nabla}}{{\mathsf{O}}}_i - {{\nabla}}{{\mathsf{L}}}_i)$. Subtracting $({{\varepsilon}}/8) {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}$ from both sides implies that $({{\varepsilon}}/4) {{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}} < \sum_i ((1-{{\varepsilon}}/8){{\nabla}}{{\mathsf{O}}}_i -
{{\nabla}}{{\mathsf{L}}}_i)$. This in turn implies that there exists $t$ such that $(1-{{\varepsilon}}/8){{\nabla}}{{\mathsf{O}}}_t - {{\nabla}}{{\mathsf{L}}}_t > ({{\varepsilon}}/(4k))
{{\nabla}{\mleft({{{\mathsf{O}}}, {{\partial}}}\mright)}}$. Arguing, as above, we have that $(1-{{\varepsilon}}/8){{\nabla}}{{\mathsf{O}}}_t - {{\nabla}}{{\mathsf{L}}}_t >
({{\varepsilon}}^2/(8k)){{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}$.
Consider the following (submodular) function $$f(X) =
{{\nabla}{\mleft({X, {{\overline{\mathsf{O}}}}\setminus {{\mathsf{O}}}_t}\mright)}},$$ By (or more precisely arguing as in this lemma), we have that there exists a set $Y \subset {{\mathsf{O}}}_t$, such that ${\left| {Y} \right|} = (1-{{\varepsilon}}/8) {\left| {{{\mathsf{O}}}_t} \right|}$ and $f(Y) \geq (1-{{\varepsilon}}/8) f({{\mathsf{O}}}_t) = (1-{{\varepsilon}}/8) {{\nabla}}{{\mathsf{O}}}_t$. As such, we have that $${{\nabla}{\mleft({Y, {{\overline{\mathsf{O}}}}\setminus {{\mathsf{O}}}_t}\mright)}}
\geq (1-{{\varepsilon}}/8) {{\nabla}}{{\mathsf{O}}}_t
\geq {{\nabla}}{{\mathsf{L}}}_t + ({{\varepsilon}}^2/8k){{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}.$$
As for the size of $Y$. Observe that by , we have $ \cardin{\BSet_i}\leq \frac{\eps}{\constS}(\cardin{\Opt_i} +
\cardin{\Lopt_i})
$ and $ \cardin{\bigl. \cardin{\Opt_i} - \cardin{\Lopt_i}} \leq
\frac{\eps}{\constS}(\cardin{\Opt_i} + \cardin{\Lopt_i}).
$ This readily implies that $ \cardin{\Opt_i} \leq%
( 1+4 \eps/\constS)\cardin{\Lopt_i},
$ and $ \cardin{\Lopt_i} \leq%
( 1+4 \eps/\constS)\cardin{\Opt_i},
$ if ${{\gamma}}$ is sufficiently large. As such, we have that $${\left| {{{\mathsf{L}}}_t} \right|} \geq \frac{{\left| {{{\mathsf{O}}}_t} \right|}}{1+4 {{\varepsilon}}/{{\gamma}}}
\geq
{\mleft({1-4 {{\varepsilon}}/{{\gamma}}}\mright)} {\left| {{{\mathsf{O}}}_t} \right|}
= {\mleft({1-{{\varepsilon}}/8}\mright)}{\left| {{{\mathsf{O}}}_t} \right|} + ({{\varepsilon}}/8 - 4 {{\varepsilon}}/{{\gamma}}) {\left| {{{\mathsf{O}}}_t} \right|}
\geq {\left| {Y} \right|} + \frac{{{\varepsilon}}}{16} {\left| {{{\mathsf{O}}}_t} \right|}
\geq {\left| {Y} \right|} + {\left| {{{\partial}}_i} \right|},$$ if ${{\gamma}}\geq 64$.
The local search algorithm computes a $(1-{{\varepsilon}})$-approximation to the optimal solution.
If not, then, arguing as above, there must be a batch for which there is an exchange with profit at least $({{\varepsilon}}^2/4k) {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}$ (see ). By , we can shrink the optimal batch ${{\mathsf{O}}}_t$, such that the exchange becomes feasible, and is still profitable (the profit becomes $({{\varepsilon}}^2/8k) {{{\rho}}{\mleft({ {{\overline{\mathsf{O}}}}}\mright)}}$). But that is impossible, since by arguing as above (i.e., the unlikely scenario), we have that this swap would result in a better local solution, and the exchange is sufficiently small to have been considered. Specifically, the local search algorithm uses , say with ${{\varepsilon}}=1/2$, ensures that the local search algorithm would find an exchange with half this value, and would take it. A contradiction.
The result
----------
Let ${{P}}$ be a set of $n$ points in ${\mathbb{R}}^d$, let ${{\varepsilon}}\in (0,1)$ be a parameter, let ${{\mathsf{\varphi}}}: {\mathbb{R}}^+ \rightarrow {\mathbb{R}}^+$ be a service function, and let $k\leq n$ be an integer parameter. One can compute, in $(n/{{\varepsilon}})^{O(d/{{\varepsilon}}^{d+1})}$ time, a set of $k$ centers ${{C}}$, such that ${{{\rho}}{\mleft({ {{C}}, {{P}}}\mright)}} \geq (1-{{\varepsilon}}) {\mathrm{opt}^{}_{k}{\mleft({ {{P}}}\mright)}}$, where ${\mathrm{opt}^{}_{k}{\mleft({ {{P}}}\mright)}}$ denotes the optimal solution using $k$ centers.
Discussion
==========
We presented an algorithm that runs in polynomial time for any constant ${{\varepsilon}}>0$ and any constant dimension $d$ and achieves a $(1-{{\varepsilon}})$-approximation. The dependency on the dimension $d$ is doubly exponential, however. A natural question is whether the dependency on the dimension $d$ in the runtime can be improved. Perhaps by considering some special cases of the problem, for more specific service function, such as ${{\mathsf{\varphi}}}( \ell ) = \frac{1}{1+\ell}$ or ${{\mathsf{\varphi}}}( \ell ) = \frac{1}{1+\ell^2}$ (i.e., the service quality drops roughly linearly or quadraticly with the distance).
Our algorithm finds a subset ${{C}}\subseteq {\mathbb{R}}^d$ of size $k$ that approximately maximizes the objective function. A close variant of the problem asks to find a subset ${{C}}\subseteq {\mathbb{R}}^d$ of size $k$ that has an additional constraint that ${{C}}\subseteq P$. Can we obtain an algorithm for this problem with the same asymptotic runtime for $d>2$? The main difficulty is that we would need a variant of with an additional property ${{\partial}}_i \subseteq P$ for all $i$ but such a division does not exist even for $d=3$. (For $d=2$ using planar graph divisions on the Voronoi diagram directly implies the desired result.)
Finally, one can ask a similar question about clustering in graphs. Specifically, given a graph on $n$ vertices $P$, we would like to select $k$ vertices $C$ that approximately maximizes $\sum_{{{p}}\in {{P}}}\min_{c \in C}{{\mathsf{\varphi}}}\bigl( {{\mathsf{d}}{\mleft({{{p}},c}\mright)}} \bigr)$, where ${{\mathsf{d}}{\mleft({{{p}},c}\mright)}}$ is the shortest-path distance from $p$ to $c$. Can we achieve a polynomial time algorithm for arbitrary small constant ${{\varepsilon}}>0$ if the graph is planar or come from some other class of graphs?
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Balanced Voronoi division
=========================
[\[apnd:balanced\]]{}
We need the following variant of a result of Bhattiprolu and Har-Peled [@bh-svdls-16].
[[\[theo:separator:main\]]{}]{} Let ${{P}}$ be a set of $n'$ points in ${\mathbb{R}}^d$, where every point has a positive integer weight, such that the total weight of the points is $n$, and let ${{\alpha}}$ be parameter. Furthermore, assume that no point has weight that exceeds ${{\alpha}}$. Then, one can compute, in expected $O(n)$ time, a ball ${{\mathbb{b}}}$, and a set ${{Z}}$ that lies on the boundary of ${{\mathbb{b}}}$, such that
${\left| {{{Z}}} \right|} \leq {{\mathsf{c}_1}}{{\alpha}}^{1-1/d}$,
the total weight of the points of ${{P}}$ inside ${{\mathbb{b}}}$ is at least ${{\alpha}}$ and at most $ {{\mathsf{c}_2}}{{\alpha}}$,
${{Z}}$ is a Voronoi separator of the points of ${{P}}$ inside ${{\mathbb{b}}}$ from the points of ${{P}}$ outside ${{\mathbb{b}}}$.
Here ${{\mathsf{c}_1}}, {{\mathsf{c}_2}}> 0$ are constants that depends only on the dimension $d$.
The points of the separator ${{Z}}$ are guards.
A division using the above separator
------------------------------------
### Algorithm
We start with a set ${{P}}$ of $n$ points, and a parameter ${{\alpha}}$. The idea is to repeatedly extract a set of weight (roughly) ${{\alpha}}$ from the point set, separate it, remove it, and put the set of guards associated with it back into the set.
To this end, let ${{\alpha}}$ be a parameter, such that $${{\mathsf{c}_1}}{{\alpha}}^{1-1/d} < {{\alpha}}/8 \iff 8{{\mathsf{c}_1}}< {{\alpha}}^{1/d} \iff {{\alpha}}> (8{{\mathsf{c}_1}})^d,$$ where ${{\mathsf{c}_1}}$ is the constant from .
For an unweighted set of points $X$ and a real number $\tau >0$, let $\tau*X$ denote the set of points, where every points has weight $\tau$.
The algorithm for constructing the division is the following:
${{P}}_0 \leftarrow {{P}}$. Initially all the points in ${{P}}_0$ have weight $1$.
$i \leftarrow 1$.
While ${{P}}_{i-1}$ has total weight larger than ${{\alpha}}$ do:
$({{\mathbb{b}}}_i,{{Z}}_i) \leftarrow $ ball and separator computed by for ${{P}}_{i-1}$ with parameter ${{\alpha}}$.
${{I}}_i \leftarrow {{P}}_{i-1} \cap {{\mathbb{b}}}_i$.
${{G}}_i \leftarrow {{I}}_i \setminus {{P}}$.
${{B}}_i = {{P}}\cap {{I}}_i$
${{P}}_i = {\mleft({{{P}}_{i-1} \setminus {{\mathbb{b}}}_i}\mright)} \cup (\tau_i *
{{Z}}_i)$, where $\tau_i = {\left\lceil {({{\alpha}}/4)/ {\left| {{{Z}}_i} \right|}} \right\rceil}$.
${{\partial}}_i = {{Z}}_i \cup {{G}}_i $
$i \leftarrow i+1$.
$m \leftarrow i$
${{B}}_m = {{P}}_{m-1} \cap {{P}}$, and ${{\partial}}_m = {{P}}_{m-1} \setminus {{B}}_m$.
Return ${{\mathcal{D}}}= {\left\{ { ({{B}}_1, {{\partial}}_1), \ldots, ({{B}}_m,{{\partial}}_m)} \right\}}$.
### Analysis
Consider the Voronoi diagram of ${{\mathcal{V}}{\mleft({{{P}}\cup {{\partial}}_i}\mright)}}$. There is no common boundary in this Voronoi diagram between a cell of a point of ${{B}}_i$ and a cell of a point of ${{P}}\setminus {{B}}_i$.
Consider a point ${{p}}$ that is in equal distance to a point ${{f}}\in {{B}}_i$, and a point ${{g}}\in {{P}}\setminus {{B}}_i$, and furthermore, all other points of ${{P}}\setminus {\left\{ { {{f}}, {{g}}} \right\}}$ are strictly further away from ${{p}}$.
The claim is that ${{\mathsf{d}}{\mleft({{{p}}, {{\partial}}_i}\mright)}} < {\left\|{{p}}- {{f}}\right\|} = {\left\|{{p}}- {{g}}\right\|}$. Namely, the region of common boundary between ${{f}}$ and ${{g}}$ in ${{\mathcal{V}}{\mleft({{{P}}}\mright)}}$ is completely covered by cells of ${{\partial}}_i$ in ${{\mathcal{V}}{\mleft({{{P}}\cup {{\partial}}_i}\mright)}}$.
If ${{g}}\in {{P}}_i$, then ${{Z}}_i$ separates (in the Voronoi interpretation) ${{f}}\in {{B}}_i \subseteq {{I}}_i$ from all the points of ${{P}}_i \cap {{P}}\ni {{g}}$, which implies the claim.
As such, it must be that ${{g}}\in {{B}}_j$, for some $j <
i$. Namely, there is a guard ${{g}}_j \in {{Z}}_j$, that separates ${{g}}$ from ${{f}}$, and its cell contains ${{p}}$. That is ${\left\|{{p}}- {{g}}_j \right\|} < {\left\|{{p}}- {{f}}\right\|}$, and ${{g}}_j \in {{P}}_j$. If ${{g}}_j \in {{\partial}}_i$ then the claim holds.
Otherwise, we apply the same argument again, this time to ${{g}}_j$ and ${{f}}$. Indeed, ${{g}}_j$ was removed (from ${{P}}_k$) in some iteration $k$, such that $j < k <i$. Namely ${{g}}_j \in {{\mathbb{b}}}_k$, and ${{f}}\notin {{\mathbb{b}}}_k$. The point ${{p}}$ is closer to ${{g}}_j$ then to ${{f}}$. If ${{p}}\in {{\mathbb{b}}}_k$ then there is a guard ${{g}}_k \in{{Z}}_k$ that is closer to ${{p}}$ than ${{f}}$, by the separation property. Otherwise, it is easy to verify that the Voronoi cells of the guards of ${{Z}}_k$ in ${{\mathcal{V}}{\mleft({{{P}}_{k-1} \cup {{Z}}_k}\mright)}}$ cover completely the portion of the Voronoi cells of points in ${{P}}_{k-1}\cap {{\mathbb{b}}}_k$ outside ${{\mathbb{b}}}_k$, in the Voronoi diagram ${{\mathcal{V}}{\mleft({{{P}}_{k-1}}\mright)}}$. This readily implies that there is a closer guard ${{g}}_k \in {{Z}}_k$ to ${{p}}$ than ${{g}}_j$. In either case, we continue the argument inductively on $({{g}}_k,{{f}})$.
By finiteness, it follows that there must be a guard ${{g}}' \in {{\partial}}_i$ that is closer to ${{p}}$ than ${{f}}$, which implies the claim.
\(A) For all $i$, we have $ \tau_i%
=%
\ceil{\bigl.\frac{\bSize/4}{ \cardin{\SepSet_i}}}%
\geq%
\frac{\bSize/4}{ \cardin{\SepSet_i}}%
\geq%
\frac{\bSize/4}{\constA \bSize^{1-1/d}}%
\geq%
\frac{\bSize^{1/d}}{4\constA }.
$
\(B) As such, for all $i$, ${{I}}_i$ contains at most ${{\mathsf{c}_2}}{{\alpha}}/ \min_j \alpha_j = O( {{\alpha}}^{1-1/d} )$ points that are not in ${{P}}$. That is, we have ${\left| {{{I}}_i \setminus {{B}}_i} \right|} =O({{\alpha}}^{1-1/d})$.
\(C) It follows that ${\left| {{{\partial}}_i} \right|} = {\left| {{{I}}_i \setminus {{B}}_i} \right|} +
{\left| {{{Z}}_i} \right|} = O({{\alpha}}^{1-1/d})$.
[\[lemma:div:1\]]{} Given a set ${{P}}$ of $n$ points in ${\mathbb{R}}^d$, and a parameter ${{\alpha}}$, one can compute in polynomial time, a division ${{\mathcal{D}}}= {\left\{ { ({{B}}_1, {{\partial}}_1), \ldots, ({{B}}_m,{{\partial}}_m)} \right\}}$, such that the following holds:
$\bigcup {{B}}_i = {{P}}$, and the clusters ${{B}}_1, \ldots, {{B}}_m$ are disjoint.
$m = O(n/{{\alpha}})$.
For all $i$, we have the following properties:
the set ${{\partial}}_i$ separates ${{B}}_i$ from ${{P}}\setminus {{B}}_i$.
[\[item:C:ii\]]{} ${\left| {{{B}}_i} \right|} = O({{\alpha}})$.
${\left| {{{\partial}}_i} \right|} = O({{\alpha}}^{1-1/d})$.
For ${{\partial}}= \bigcup_i {{\partial}}_i$, we have that ${\left| {{{\partial}}} \right|} = O( n/{{\alpha}}^{1/d})$.
Furthermore, one can modify the above construction, so that is replaced by ${\left| {{{B}}_i} \right|} = \Theta({{\alpha}})$.
For the bound on number of clusters, observe that every iteration of the algorithm reduces the weight of the working set ${{P}}_i$ by at least ${{\alpha}}/2$ – indeed, the weight of ${{B}}_i$ is at least ${{\alpha}}$, and the total weight of points of ${{Z}}_i$ (after multiplying their weight by $\tau_i$) is at most ${{\alpha}}/2$. Thus implying the claim.
All the other claims are either proved above, or readily follows from the algorithm description.
The modification of follows by observing that we can merge clusters, and there are $\Theta(n/{{\alpha}})$ clusters with $\Omega({{\alpha}})$ points of ${{P}}$, by averaging. As such, one can merge $O(1)$ clusters that have $o({{\alpha}})$ points of ${{P}}$ into a cluster that has $\Omega({{\alpha}})$ points of ${{P}}$, thus implying the modified claim.
[ **Restatement of .** [**]{}]{}
We compute a division of ${{P}}$ using , with parameter ${{\alpha}}'= O(\delta {{\alpha}}) = \Omega(1/\delta^d)$, such that (i) the maximum size of a batch is strictly smaller than $\delta{{\alpha}}/2$, and (ii) ${{\mathsf{c}_4}}({{\alpha}}')^{1-1/d} < \delta {{\alpha}}'$, where ${{\mathsf{c}_4}}$ is some prespecified constant. Let ${{\mathcal{D}}}' = {\left\{ { ({{B}}_1', {{\partial}}_1'), \ldots,
({{B}}_\tau',{{\partial}}_\tau')} \right\}}$, be the resulting division. Let ${{\Delta}}_i = \chi({{\partial}}_i')$, and observe that $\sum_i {{\Delta}}_i = \chi({{P}}) = 0$. There is a permutation $\pi$ of the batches, such that for any prefix $j$, we have $|\sum_{i=1}^j {{\Delta}}_{\pi(i)}| \leq \max_i {\left| {{{B}}_i} \right|}
\leq \delta{{\alpha}}/2 = D$. This follows readily by reordering the summation, such that one adds batches with positive (resp., negative) balance if the current prefix sum is negative (resp., positive), and repeating this till all the terms are used[^4].
We break the permutation $\pi$ into minimum number of consecutive intervals, such that total size of batches in each interval is at least $(1-\delta){{\alpha}}$. Merging the last two interval if needed to comply with the desired property. The batch formed by a union of an interval can have discrepancy at most $2D = 2(\delta{{\alpha}}/2) = \delta {{\alpha}}$, as desired.
All the other properties follows readily by observing that merging batches, results in valid batches, as far as separation.
[^1]: Toyota Technological Institute at Chicago; [backursttic.e[d]{}u]{}.
[^2]: Department of Computer Science; University of Illinois; 201 N. Goodwin Avenue; Urbana, IL, 61801, USA; [sarielillinois.edu]{}; [ <http://sarielhp.org/>.]{} Work on this paper was partially supported by a NSF AF awards CCF-1421231, and CCF-1907400.
[^3]: In particular, to find such a point, [@georgescu2003mean] use a heuristic that iteratively computes the gradient (mean shift vector) to obtain a sequence of points that converge to a local maxima (mode) of the density.
[^4]: This is the same idea that is used in the Riemann’s rearrangement theorem.
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SRM University Master of Engineering admission with Scholarship
Master of Engineering courses admission application is open at SRM University for International students. SRM university announced USD$ 1000 psotgraduate scholarship for the students from SAARC countries. Bangladeshi students are eligible to apply for the scholarship.
Admission at SRM University is very competitive as one of the top ranked universities in India. International students admission application will be accepted on early apply basis. Hence, we encourage students to book their seat at the earliest.
Master of Technology courses available for 2016
Big Data Analysis
Automotive Hibrid Systems Engineering
Biomedical Engineering
Biotechnology
Chemical Engineering
Cloud Computing
Communication Systems
Computer Aided Design
Computer Integrated Manufacturing
Computer Science & Engineering
Construction Engineering & Management
Electronics & Control Engineering
Embedded Systems Technology
Environmental Engineering
Food and Nutritional Biotechnology
Food Safety and Quality Management
Genetic Engineering
Geo Technical Engineering
Information Security and Cyber Forensic
Information Technology
Nanotechnology
Power Electronics and Drives
Power Systems
Remote Sensing & GIS
Robotics
Solar Energy
Structural Engineering
Telecommunication and Networks
VLSI Design
Facts:
Awarding body: SRM University
Duration: 2 years or 4 semesters
Mode of study: Full time
Course begins: End of July each year
Admission process: Open
Financial involvement
Course fees: USD$ 5000 per year
Scholarship:
USD$ 1000 scholarship per year
Other academic costs
Application fees: Non refundable USD$ 300 at the time of application
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If this is your first visit, be sure to
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Zoro is my fav char. So I can't be objective about who's my fav SN. But beside him Drake seem's the more interesting one. He wanted to be a marine , then followed his father who turned to piraty. Then joined the marine then turned pirate again. One interesting theory is that he joined the revs : https://m.youtube.com/watch?v=KIXCMI7epiU
I hope he is not a "bad" character , but now he joined attacked a village and killed their samurai I don't know what to think of him.
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Effects of geometry and composition of soft polymer films embedded with nanoparticles on rates for optothermal heat dissipation.
Embedding soft matter with nanoparticles (NPs) can provide electromagnetic tunability at sub-micron scales for a growing number of applications in healthcare, sustainable energy, and chemical processing. However, the use of NP-embedded soft material in temperature-sensitive applications has been constrained by difficulties in validating the prediction of rates for energy dissipation from thermally insulating to conducting behavior. This work improved the embedment of monodisperse NPs to stably decrease the inter-NP spacings in polydimethylsiloxane (PDMS) to nano-scale distances. Lumped-parameter and finite element analyses were refined to apportion the effects of the structure and composition of the NP-embedded soft polymer on the rates for conductive, convective, and radiative heat dissipation. These advances allowed for the rational selection of PDMS size and NP composition to optimize measured rates of internal (conductive) and external (convective and radiative) heat dissipation. Stably reducing the distance between monodisperse NPs to nano-scale intervals increased the overall heat dissipation rate by up to 29%. Refined fabrication of NP-embedded polymer enabled the tunability of the dynamic thermal response (the ratio of internal to external dissipation rate) by a factor of 3.1 to achieve a value of 0.091, the largest reported to date. Heat dissipation rates simulated a priori were consistent with 130 μm resolution thermal images across 2- to 15-fold changes in the geometry and composition of NP-PDMS. The Nusselt number was observed to increase with the fourth root of the Rayleigh number across thermally insulative and conductive regimes, further validating the approach. These developments support the model-informed design of soft media embedded with nano-scale-spaced NPs to optimize the heat dissipation rates for evolving temperature-sensitive diagnostic and therapeutic modalities, as well as emerging uses in flexible bioelectronics, cell and tissue culture, and solar-thermal heating.
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Kosher chicken shortage, steep price hikes following closure of one of Canada's two suppliers
Kosher chicken shortage, steep price hikes following closure of one of Canada's two suppliers
Canadian kosher chicken consumers are facing shortages and steep price hikes following the closure of one of the country’s two suppliers, as efforts get under way to foster new providers.
The owner of Toronto-based Chai Poultry closed operations in May, and sold the company’s licence to purchase fowl to a halal processing plant. Now, with only Montreal-based Marvid Poultry left to supply kosher chicken, religious Jews are concerned the trend will continue as the High Holidays approach.
“There is certainly less supply, I think that consumers are noticing that,” said Richard Rabkin, spokesman for the Kashruth Council of Canada, the largest kosher certification agency in the country.
“Usually economic theory dictates that less supply leads to increases in prices so I think that has indeed been the case,” he said.
Chai Poultry owner Charles Weinberg said he spent five years searching for someone to buy his 25-year-old business, which stopped turning a profit about two years ago. Finally, in May, with no buyer in sight, Mr. Weinberg announced his retirement and sold his chicken quota to Milton, Ont.-based Sargent Farms.
[related_link]
“I’m not proud but I had to make a decision to retire as you get older. I have family, grandchildren,” said Mr. Weinberg. “I don’t want anyone thinking this was done because I wanted to put the community in this position; that’s why I gave the community five years.”
Marvid owner Moishe Freidman told the National Post consumers wouldn’t face price hikes or supply shortages and that his factory is prepared to meet the expanded demand, raising the slaughter of about 40,000 chickens in a single shift to 200,000.
It’s not panning out that way, says the Kashruth Council, which issued a notice to consumers stating its concern regarding “the supply and selection of kosher poultry in Canada.” Mr. Rabkin said his organization is looking to work with community stakeholders to support any entrepreneurs who want to get into the kosher slaughter trade.
Kosher consumers and distributors in Ontario say they are already seeing the impact of having only one supplier but would only speak under the condition of anonymity, fearing negative repercussions within the insular Orthodox community.
One woman, a 64-year-old high school teacher in Toronto, contacted the Kashruth Council after a recent trip to Costco showed there were no kosher chickens in stock.
“I saw there wasn’t a chicken to be had in the place, I didn’t remember that situation ever occurring before,” she said.
She went to grocery chain Metro, only to discover prices had ballooned.
“I had never, ever seen a kosher chicken for $18. And that’s when I panicked.” Before, she said, she would spend between $9 and $12 for a regular sized chicken. (In general, kosher meat can cost up to 40% more than regular poultry.)
“It wasn’t huge by any stretch of the imagination, I said this is ridiculous, this must be because the competition is so slim now.”
The Chicken Board of Ontario is considering stepping in to see if it can do anything to encourage new players into the market, but the head of its national counterpart is wary of the industry’s future.
Mike Dungate, director of the Chicken Farmers of Canada, says 95% of kosher chicken buyers are in Toronto and Montreal. He speculates that slaughterhouses are closing due to a lack of demand.
“There’s a lot of processors in the country that just don’t do kosher poultry. It’s truly not that big of a market. If it got bigger the market would evolve to provide that choice,” said Mr. Dungate, adding that the turndown is not exclusive to Canadian markets. Several major American kosher slaughterhouses specializing in fowl have ended operations in recent years.
A 2012 report on the specialty food market by the ministry of agriculture showed that the North American kosher food market grew 15% year-over-year in the past decade, with roughly $200-billion in kosher certified food products sold annually to approximately 15 million customers. Most of that growth stems from the prepared foods market. Kosher fowl makes up a relatively small portion of the $6-billion Canadian poultry industry and it appears to be shrinking.
It’s difficult to pinpoint exactly what caused the contraction in the kosher chicken market: Mr. Weinberg declined to say exactly why his company became unprofitable.
One possible explanation, suggested by a halal certification agency, is that the kosher market is sagging because Muslim consumers have their own suppliers and are no longer propping it up.
“Muslims are allowed to eat kosher meat. There was a lot of demand in the past to use kosher but now they’re using halal,” said Abdulla Ali, the secretary general of Islamic Society of North America.
Mr. Weinberg doesn’t buy that argument, along with other kosher experts consulted.
“That’s ridiculous,” he said. “There are many reasons why a company stops being able to compete.”
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USED BMW PARTS: MODIFYING YOUR CAR
2019-01-05 406 words 2 min read
Table of Contents
However, the enzyme product, which I purchased from a veterinarian, was expensive. It also took a long time to work, and my cats could still tell that the carrier had been sprayed, even though my own human nose could no longer detect it.
This is the key idea to keep in mind when considering purchasing one. lkq pick your part may have been designed like some BMW’s, Ferrari, Mercedes or other cars with a very high top end. On a typical street car the bumper diffuser does very little until high speed are obtained. As mentioned before, many high end cars such as Ferrari, BMW, Corvette, are now coming with a stock rear diffuser. Some have extensions under the bumper which can accomplish the same goal. A well designed system can both look good and offer you better high speed stability for your car..
According to IRS, you can donate the tax deduction to a charity. IRS allows taxpayers to get a deduction of value of your junk car. IRS will also help you with a donor’s guide, which will contain a list of charity organisations which can get help from your little donation. You are liable for a tax deduction up to $500. Your recycled pick n pull auto parts in Chicago, IL can help someone build his/her car of dreams.
To change the oil on a car, first determine how many quarts of oil the engine holds, and what oil filter it uses. Usually, oil filters are designated with a series of letters and numbers. The numbers indicate the size, and the letters indicate other specifications, such as if the filter is designed for high-mileage engines. To determine what filter is necessary, you can look online, or in the reference book often available at places that sell pull a part auto parts a part auto parts.
The first thing to do would be to drill a hole in the center of the dent. That way, you can get to the middle of the dent itself and work your way from there. Then, insert a dent pulling tool in the hole that you just drilled. A dent pulling tool could be actually found at pull and save auto parts stores as well as other stores that offer automotive items and merchandise.
1997 - Booty Call: Jamie Foxx and Tommy Davidson set out to find ‘protection’ for safe sex with their dates but one thing after another gets in the way.
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Red Eye Games
The Red Eye Games are an overnight recreation extravaganza pitting 22 teams against one another across 11 events! The Red Eye Games run from 11:00pm on the Friday until 7:00am on the Saturday.
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Outback Aussie Tours
Alan and Sue Smith are proudly born and bred Western Queenslanders. Together with their Outback Aussie Tours team, they delight in sharing the natural and cultural beauties that this area of Australia’s Outback has to offer.
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Kazakh entrepreneur Zaure Rozmat still remembers the first time she hired a baby boomer. It was also her last. “In her eyes, everyone [in our office] was basically still kids,” Rozmat says. “When you hire an older person, they treat you as a young person: like you don’t know anything.”
Rozmat, 28, is hardly the only person to feel discounted in Kazakhstan due to her age – it’s a common feeling among Kazakh youth. Despite owning a successful media company in Almaty, Rozmat often feels that some people – whether employees, clients or potential investors – refuse to take her seriously because she is a millennial.
This adversity is one of the reasons why she launched her business in 2016. The Steppe is a magazine about – and run by – Kazakhstan’s young, creative class: educated urbanites rebuilding a country no longer forced to fit into its old post-Soviet mould. In a media landscape dominated almost entirely by traditional broadsheets and sensationalist tabloids, The Steppe was the first mainstream outlet to provide a place for Kazakhstan’s youth to make their voices heard.
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Set to true to enable email authentication: all email functions (except requesting a password reminder email) only work for authenticated (confirmed) email addresses. On account creation or when users change their passwords or on request, a confirmation token (link) with a limited life time is mailed to that unconfirmed email address.
When the user returns with that token to the wiki, the email address is confirmed.
The confirmation status ("Your email address was authenticated on <date>") is always shown in the user email preferences.
It also enables the other email notification options.
If set to false then no email notifications are enabled for the entire wiki.
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Quantum Radical Warchild Bed Chair Cover
The Bedchair Cover guarantees that summer feeling! A light yet warm blanket
for the sunnier months in central and southern Europe. You can sleep as though
you were on the beach, looking up at the stars. Finished with robust zip
fasteners! Fits any bedchair.
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New Delhi [India], Nov. 29 :Witnessing an exponential growth in terms of day-to-day transactions after demonetisation, Paytm is touching more than five million transactions in one week as compared to the combined average daily number of payment transactions seen by debit and credit cards in India.
Lauding the Prime Minister Narendra Mosi's initiative, Paytm vice-president Sudhanshu Gupta said the move is unprecedented which would bring a massive forward looking change for the economy as money will circulate and there will be less of terrorism and corruption.
"Digital money goes far. It has a lot of benefits for people because, you actually earn interest on your money; you are also able to get financial services like loans if you have digital money and if you have records. All in all, it's been a great move, and it's obviously meant some hectic times for us because people have started looking for alternatives because of the scarcity of cash," Gupta said.
He further said people have started moving to mobile wallets.
"It's good because mobile is more penetrated, it's more easily accessible. So for us, we have seen peaks of close to seven million transactions as well. It's been really good for us." he added.
The company has served over 45 million users and signed up over five million new users. Overall, the company has seen 25 million offline transactions on Paytm in the last few days, amounting to Rs.150 crore.
Chief marketing officer, Shankar Nath told ANI, "It's an extremely bold initiative and it's a once in a lifetime initiative that's been rolled out by the government, and, I think, it's upon all of us here for Paytm and even outside to try and make this move a complete success. There may be initial short-term issues,"
"Every Indian who today needs to do transactions and is a little short of cash. We have gone communicating as much as possible with our entire user base of consumers and at the same time the very important element in this chain that's the entire retail network," he said.
Prime Minster Narendra Modi on Sunday had appealed to the people to embrace digital banking to tide over the currency crunch.
In a renewed push for making India a cashless economy, Prime Minister Modi in his Mann Ki Baat programme said, "Scrapping these notes has opened other avenues to make payments. Download apps of banks and e-payment options. Shopkeepers can keep card swiping facilities and everyone can ensure they pay safe using their credit and debit cards."
He asked traders and small shop owners to provide alternative payment methods such as using POS machines, e-payment wallets and other such "friendly technologies" to their patrons.
The Prime Minister said that by adopting such technology, even small traders can immensely increase their profits.
"I invite you to make India a cashless society. Mobile phone and the whole banking system can pose many alternatives to currency notes. Technological paths are safe's, secure and accelerated. I would like you to just help this campaign successful," he said.
Acknowledging that the demonetisation has caused great hardships to wage workers, Prime Minister Modi asked them to open their bank accounts so that they can also avail digital banking facilities.
Prime Minister Modi said that it is his dream to have a cashless society. He opined that the people would be trouble free if they are made aware of all digital financial transaction options. (ANI)
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Grace (prayer)
A grace is a short prayer or thankful phrase said before or after eating. The term most commonly refers to Christian traditions. Some traditions hold that grace and thanksgiving imparts a blessing which sanctifies the meal. In English, reciting such a prayer is sometimes referred to as "saying grace". The term comes from the Ecclesiastical Latin phrase gratiarum actio, "act of thanks." In Christian theology, the act of saying grace is derived from the Bible, in which Jesus and Saint Paul pray before meals (cf. , ). The practice reflects the belief that humans should thank God who is the origin of everything.
Christianity
Typical Christian grace prayers
Ecumenical – "We give You thanks for food and drinks and all that You provide: flowers, mountains, stars above, family by our side. Grant that we might hear Your voice and always be our Guide; From now until the end of time may we, in You, abide. Amen."
Catholic (before eating) – "Bless us, O Lord, and these, Thy gifts, which we are about to receive from Thy bounty. Through Christ, our Lord. Amen." (Preceded and followed by the Sign of the Cross. Also used by some German Lutherans, but without the Sign of the Cross. It should also be noted that some members choose to add extra thanks for specific things. An example would be the healing of a sick family member or the safe arrival of a friend.
Catholic (after eating) – "We give Thee thanks, Almighty God, for all thy benefits, Who lives and reigns for ever and ever. Amen." (Preceded and followed by the Sign of the Cross.)
Eastern Orthodox (before eating) – "O Christ God, bless the food and drink of Thy servants, for holy art Thou, always, now and ever, and unto the ages of ages. Amen." (The one saying the prayer may make the Sign of the Cross over the food with his right hand).
Eastern Orthodox (after eating) – After the meal, all stand and sing: We thank Thee, O Christ our God, that Thou hast satisfied us with Thine earthly gifts; deprive us not of Thy Heavenly Kingdom, but as Thou camest among Thy disciples, O Saviour, and gavest them peace, come unto us and save us. There are also seasonal hymns which are sung during the various Great Feasts. At Easter, it is customary to sing the Paschal troparion.
Anglican Bless, O Father, Thy gifts to our use and us to Thy service; for Christ’s sake. Amen.
Lutheran (Luther's Blessing and Thanks at Meals) (before eating) The eyes of all wait upon Thee, O Lord, and Thou givest them their meat in due season; Thou openest Thine hand and satisfied the desire of every living thing. Our Father... Lord God, Heavenly Father, bless us and these Thy gifts which we receive from Thy bountiful goodness, through Jesus Christ, our Lord. Amen.
Lutheran (more commonly, the common table prayer) (before eating) Come, Lord Jesus, be our Guest, and let Thy/these gifts to us be blessed. Amen.
Lutheran (Luther's Blessing and Thanks at Meals, though commonly just the first Psalm verse) (after eating) O give thanks unto/to the Lord, for He is good, for His mercy/love endureth/endures forever... Our Father... We thank Thee, Lord God, Heavenly Father, through Jesus Christ, our Lord, for all Thy benefits, who livest and reignest forever and ever. Amen.
Evangelical (and other Protestant): [any prayer of thanksgiving and praise to God with no set formula, mostly done on the spot with little-to-no memorization or reading a written down prayer].
Methodist/Wesleyan (Grace Before Meat) Be present at our table Lord. Be here and everywhere adored. These mercies bless and grant that we may feast in fellowship with Thee. Amen.
Methodist/Wesleyan (Grace After Meat) We thank thee, Lord, for this our food, But more because of Jesus' blood. Let manna to our souls be given, The Bread of Life, sent down from heaven. Amen.
Moravian Be present at our table, Lord. Be here and everywhere adored. From Thine all bounteous hand, our food may we receive with gratitude. Amen(may be sung to hymn tune "Wareham" or "Old Hundredth")
Moravian Come Lord Jesus, our Guest to be and bless these gifts bestowed by Thee. Amen
The Church of Jesus Christ of Latter-day Saints (Mormon) [any prayer of thanksgiving and praise to God with no set formula, mostly done on the spot with little-to-no memorization or reading a written down prayer]. The prayers and blessings will end in the name of Jesus Christ.
Scots (The Selkirk Grace). Some hae meat and canna eat, And some wad eat that want it; But we hae meat, and we can eat, Sae let the Lord be thankit.
Australian (any denomination) Come Lord Jesus, be our Guest, let this food of ours be blessed. Amen.
Church of England, Common in British and Australian religious schools. For what we are about to receive, may the Lord make us truly thankful/grateful. Amen.
Used at some YMCA summer camps Our Father, for this day, for our friends, for this food, we thank Thee. Amen.
Protestant (Anglican, & Church of England) For what we are about to receive may the Lord make us truly Grateful/Thankful, Amen
Presbyterian (Grace Before Meat) Gracious God, we have sinned against Thee, and are unworthy of Thy mercy; pardon our sins, and bless these mercies for our use, and help us to eat and drink to They glory, for Christ’s sake. Amen.
Presbyterian (Grace After Meat) Blessed God, in Thee we live, move and have our being; make us thankful for Thy mercies; and as we live by Thy providence, help us to live to Thy praise looking and waiting for a better life with Thyself above, through Jesus Christ our Lord. Amen.
Latin (In Nomine Patris, et Filii, et Spiritus Sancti. Amen.) - Benedic, Domine, nos et haec Tua dona, quae de Tua largitate sumus sumpturi. Per Christum Dominum nostrum. Amen.
Latin (At the end of the meal) - Agimus Tibi gratias, omnipotens Deus, pro universis beneficiis Tuis. Qui vivis et regnas in saecula saeculorum. Amen!
Judaism
Before eating, a blessing is said based on the category of food that is being eaten. The categories are: (i) Bread, (ii) fruits that grow on a tree, (iii) fruits/vegetables that do not grow on a tree, (iv) derivates of the five grains (except for bread, which has its own blessing), (v) derivatives of grapes and (vi) everything else.
The Jewish mealtime prayer, after eating a meal that includes bread, is known as Birkat Hamazon. If the meal does not include bread, a blessing after the meal is recited based on the category of food that was eaten.
With the destruction of the Temple in Jerusalem in 70 AD, the offering of the prescribed sacrifices ceased in Judaism. Thereafter, the Rabbis prescribed the substitution of other ritual actions to fill this void in Jewish obedience to the Torah. The ritual washing of hands and eating of salted bread is considered to be a substitute for the sacrificial offerings of the kohanim (Jewish priests).
Though there are separate blessings for fruit, vegetables, non-bread grain products, and meat, fish, and dairy products, a meal is not considered to be a meal in the formal sense unless bread is eaten. The duty of saying grace after the meal is derived from : "And thou shalt eat and be satisfied and shalt bless the Lord thy God for the goodly land which he has given thee." Verse 8 of the same chapter says: "The land of wheat and barley, of the vine, the fig and the pomegranate, the land of the oil olive and of [date] syrup." Hence only bread made of wheat (which embraces spelt) or of barley (which for this purpose includes rye and oats) is deemed worthy of the blessing commanded in verse 10.
After the meal, a series of four (originally three) benedictions are said, or a single benediction if bread was not eaten.
Islam
Before eating:
When meal is ready: "Allahumma barik lana fima razaqtana waqina athaban-nar. " (Translation: O Allah! Bless the food You have provided us and save us from the punishment of the hellfire.
While starting to eat: bismillahi wa 'ala baraka-tillah ("In the name of God and with God's blessing") or simply b-ismi-llāh-ir-raḥmān-ir-raḥīm ("in the name of God, the gracious, the merciful").
On forgetting to say grace : Since each person says their grace individually, if someone forgets to say grace at the beginning, this supplication is made- "Bismillahi fee awalihi wa akhirihi." (In the name of Allah, in the beginning and the end.) After eating: "Alhamdulillah il-lathi at'amana wasaqana waja'alana Muslimeen. (Praise be to Allah Who has fed us and given us drink, and made us Muslims.) or simply "Alhamdulillah." (Praise be to Allah.) Bahá'í
The Bahá'í Faith has these two prayers, which are meant for those who wish to thank God before they eat:
"He is God! Thou seest us, O my God, gathered around this table, praising Thy bounty, with our gaze set upon Thy Kingdom. O Lord! Send down upon us Thy heavenly food and confer upon us Thy blessing. Thou art verily the Bestower, the Merciful, the Compassionate."
"He is God! How can we render Thee thanks, O Lord? Thy bounties are endless and our gratitude cannot equal them. How can the finite utter praise of the Infinite? Unable are we to voice our thanks for Thy favors and in utter powerlessness we turn wholly to Thy Kingdom beseeching the increase of Thy bestowals and bounties. Thou art the Giver, the Bestower, the Almighty."
Hinduism
Hindus use the 24th verse of the 4th chapter of Bhagavad Gita as the traditional prayer or blessing before a meal. Once the food is blessed it becomes Prasad, or sanctified as holyBrahmaarpanam Brahma HavirBrahmaagnau Brahmanaa HutamBrahmaiva Tena GantavyamBrahma Karma Samaadhinah
Which translates as 'The act of offering is God (Brahma), the oblation is God, By God it is offered into the fire of God, God is That which is to be attained by him who sees God in all.'
Sometimes, the 14th verse from the 15th chapter of Bhagavad Gita is used:
Aham Vaishvaanaro Bhutva
Praaninaam Dehamaashritha
Praanaapaana Samaa Yuktaha
Pachaamyannam Chatur VidamThis translates as 'Becoming the life-fire in the bodies of living beings, mingling with the upward and downward breaths, I digest the four kinds of food.'
Traditional Maharashtrian grace invokes the Lord through the shloka of Sant Ramdas namely:
vadani kaval gheta naam ghya shri-hariche l
sahaj havan hote naam gheta phukache l
jivan kari jivitva anna he purn-brahma l
udar-bharan nohe janije yadnya-karma ll 1 ll
jani bhojani naam vache vadave l
ati aadare gadya-ghoshe mhanave l
harichintane anna sevit jaave l
tari srihari pavijeto swabhave ll 2 ll
This translates as: Take the name of the Lord when putting a morsel into your mouth.
Buddhism
In Buddhism different traditions have prayers that are said or chanted before meals.
In Japanese Zen a prayer on the "Five Reflections", Gokan-no-ge, are done before and after meals. This includes putting one's hands together and say "Itadakimasu" ("I humbly receive") before eating a meal.
Theravadan monks chant a reminder not to crave food.
In the Nichiren School of Buddhism a prayer is done to "repay the Four Favors", debts we owe to parents, sentient beings, leaders and The Buddha, Dharma and Sanga.
Other pre-meal traditions
In Korea, it is customary to say "Jal meokgesseumnida" (잘 먹겠습니다) ("I will eat well'). The saying is not religious in nature, and usually only occurs when eating with someone else.
In certain Boy Scout circles, especially in Missouri, the "S-F" grace (named after the S-F Scout Ranch in Knob Lick, Missouri) is often said, especially when people at the table are of mixed religions. The S-F grace gives thanks to a "great Spirit", but is not affiliated with any one religion.
Another common Boy Scout grace is the "Philmont Grace" (named after the Philmont Scout Ranch in New Mexico) or the "Wilderness Grace". It can be found in use wherever a troop has gone to Philmont, but is most common in the Western half of the United States. It goes: " For food, for raiment, / For life, for opportunities, / For friendship and fellowship, / We thank thee, O Lord."
See also
Common table prayer
Wilderness Grace
Christian child's prayer § Giving thanks
References
External links
Mealtime Prayers from The Prayer Guide.
Grace at Meals article from The Catholic Encyclopedia.
Thanksgiving before and after Meals article from The Catholic Encyclopedia''.
Category:Prayer
Category:Food and drink culture
Category:Food and drink appreciation
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The Progressive Conservatives are standing by the decision to pay a former Alberta cabinet minister $1,000 a day to advise Premier Doug Ford’s government on expanding booze sales.
As first disclosed by the Star, Ken Hughes will be paid that rate — to a maximum of $200,000 over his one-year contract, plus expenses — to usher in beer and wine sales at corner stores.
“Our government ... is committed to improving alcohol choice and convenience for Ontario consumers, something they have long asked for and something Premier Ford promised during the election that we won so overwhelmingly on the seventh of June,” Finance Minister Vic Fedeli said Thursday.
“Mr. Hughes has been appointed to provide advice on how our government can fulfil that promise while expanding business opportunities,” Fedeli told the legislature, emphasizing there is no cronyism at play “because the premier has never met Mr. Hughes.
“He brings extensive entrepreneurial and public sector experience that will give him this valuable insight,” said the treasurer.
NDP MPP Catherine Fife (Waterloo) wondered “why the people of Ontario should foot the bill for yet another high-priced Conservative consultant.
“If the province is short of money for students, seniors, hospitals, schools and mental health, how can this premier find so much money to pay his Conservative friends?” asked Fife.
Interim Liberal Leader John Fraser said it’s another example of Ford’s “gravy train” for Tory insiders.
“What the premier said today is, ‘Well, he’s not my friend.’ Now, we’re into the premier’s friends’ friends. That’s the way it looks to me,” said Fraser.
Green Leader Mike Schreiner noted “the Conservatives used to rail against the Liberals’ high-priced consultants and now they’re doing the exact same thing.
“They seem to be paying even bigger dollars,” Schreiner added.
Hughes, who has not been made available for comment by the government, is earning more than former Liberal premier Kathleen Wynne’s privatization czar. Former TD Bank chair Ed Clark made just $1 a year when he advised Wynne on bringing beer and wine sales to 450 of Ontario’s 1,500 supermarkets.
Corporate filings show Hughes, a cabinet minister from 2012 until 2014, was once a partner in Alberta Spirits Inc. It was incorporated in 1988, five years before the Alberta’s PC government sold off the province’s publicly owned liquor stores.
That company, which had two stores in Canmore, was eventually sold to what is now known as Alcanna, which operates Liquor Depot, Alberta’s largest alcohol retailer.
Hughes, who was also a Tory MP from 1988 until 1993, wasn’t in provincial politics during the Alberta sell-off.
He no longer has any holdings in the industry.
The new adviser has his work cut out for him. Under the 10-year agreement Wynne and Clark signed in 2015 with the 450-outlet Beer Store, taxpayers could be liable for $100 million in financial penalties for breaching the contract.
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That’s because under that master framework agreement signed with the parent companies of Labatt, Molson and Sleeman, the province would be on the hook for infrastructure investments that have already been made by the Beer Store.
Fedeli has emphasized the LCBO monopoly will not be sold off as a result of any of Hughes’s recommendations.
Robert Benzie is the Star's Queen's Park bureau chief and a reporter covering Ontario politics. Follow him on Twitter: @robertbenzie
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Mystech:I’ve had this very same urge myself at times, though I have no doubt its harder than the fantasy.
Nikos Gavalas and Alexandra Tricha, both 31 and trained as agriculturalists, were frustrated working on poorly paying, short-term contracts in Athens, where jobs are scarce and the cost of living is high. So last year, they decided to start a new project:growing edible snails for export.
As Greece’s blighted economy plunges further into the abyss, the couple are joining with an exodus of Greeks who are fleeing to the countryside and looking to the nation’s rich rural past as a guide to the future. They acknowledge that it is a peculiar undertaking, with more manual labor than they, as college graduates, ever imagined doing. But in a country starved by austerity even as it teeters on the brink of default, it seemed as good a gamble as any.
Mr. Gavalas and Ms. Tricha chose to move back to his native Chios, an Aegean island closer to Izmir, Turkey, than to Athens. They set up their boutique farm using $50,000 from their families’ life savings. That investment has yet to pay off; they will have their first harvest later this year. But the couple are confident about their decision.
“When I call my friends and relatives in Athens, they tell me there’s no hope, everything is going from bad to worse,” Ms. Tricha said on a recent afternoon, as she walked through her greenhouse, where thousands of snails lumbered along on rows of damp wooden boards. “So I think our choice was good.”
Unemployment in Greece is now 18 percent, rising to 35 percent for young people between the ages of 15 and 29 — up from 12 percent and 24 percent, respectively, in late 2010. But the agricultural sector has been one of the few to show gains since the crisis hit, adding 32,000 jobs between 2008 and 2010 — most of them taken by Greeks, not migrant workers from abroad, according to a study released this fall by the Pan-Hellenic Confederation of Agricultural Associations.
“The biggest increase is in middle-aged people between 45 and 65 years old,” said Yannis Tsiforos, the director of the confederation. “This shows us that they had a different sort of employment in the past.”
In Greece, as elsewhere in the Mediterranean, most families have traditionally invested heavily in real estate and land, which are seen as far more stable than financial investments, and it is common for even low-income Greeks to have inherited family property. Increasingly, as the hard times bite deeper, many Greeks are deciding or being forced to fall back on that last line of defense.
Enrollment in agricultural schools is also on the rise. Panos Kanellis, the president of theAmerican Farm School in Salonika, which was founded in 1904 and offers kindergarten through high school as well as continuing education in sustainable agriculture, said applications tripled in the past two years and enrollment in classes like cheesemaking and winemaking has been rising.
Mr. Kanellis says that young people frequently come to him and say: “I have two acres from my grandfather in such-and-such a place. Can I do something with it?”
A growing number of Greeks are asking themselves that question, and some are deciding they can. “I think a lot of people will do this,” Ms. Tricha said. “In big cities, there’s no future for them. For young people, the only choice is for them to go to the countryside or to go abroad.”
If the refugees from the cities are expecting an easy or idyllic existence in the countryside, they are quickly disabused of such notions. In 2006, Vassilis Ballas and his wife, Roula Boura, both 36, left their jobs in Athens, where he worked in content management at a Web site and she in marketing, to move to Chios, where his grandparents were from.
That was before the financial crisis, but they wanted a change and decided to try their luck cultivating mastic trees, which grow only in southern Chios and produce an aniselike resin that is harvested and crystallized to produce mastic liquor, foodstuffs, candles and soap.
“It was a personal decision,” Mr. Ballas said. “We were thinking of moving out of Athens, and a friend told us, ‘My grandmother produces 100 kilos of mastic going out on her own with a donkey,’ ” or about 220 pounds, Mr. Ballas recalled, a crop for which a producer can earn around $40 a pound wholesale. But the couple found that mastic cultivation was much more difficult than they supposed. So while they still have 400 mastic trees, they have broadened into mastic-related ecotourism to make ends meet.
Such undertakings — which on Chios includes a fledgling wine cooperative, Ariousios, which is working to resuscitate an ancient grape varietal, Chiotiko krassero — indicate that there is money to be made in agriculture and tourism.
Some young Greeks are returning not to the land but to the sea, joining another venerable Greek industry. Since 2008, the number of applications to maritime schools across Greece has quadrupled to nearly 7,000, according to the Naval Ministry.
Yannis Menis, 27, a Chios native, said he had a promising career ahead of him as a nuclear physicist. But just shy of his Ph.D., he could not afford to continue his studies and decided to follow in his father’s footsteps as a ship engineer, responsible for ship maintenance.
Mr. Menis started maritime school in Chios in September. “My family opposed my wish to enroll; they were asking me, ‘Did you study all those years for nothing?’ ” he said. “I didn’t tell anyone on board about my scientific past,” he added. “Everywhere in Greece it’s a disadvantage to be overqualified now.”
At a troubled moment when the debt crisis has eroded the country’s recent economic gains — perhaps irrevocably — there is much debate about whether a return to the land or the sea is a step forward or backward.
Ms. Tricha knows where she stands. “My parents were from the countryside. They were farmers when they were young. I studied to avoid becoming a farmer. They were teachers. And then their daughter studied and then went back to being a farmer,” she said. Nevertheless, she added, “for me it’s like going forward, because I think we neglected the land.”
Yiannis Makridakis, 40, a Greek novelist whose work touches on themes of tradition and regionalism, represents a different strain of refugee, with a more political tinge. He said he moved from Athens to Chios in 2010 as an act of defiance against a global financial system he found unsustainable. He bought property with a well and grows his own vegetables.
“I came to the conclusion that I want to live this insignificant life of mine as one human being among others,” Mr. Makridakis said on a sunny afternoon, looking down from his balcony on the rooftops of his village, Volissos, and the blue sea below. “According to the old ways, where people work to secure their basic needs.”
Others find the trend discouraging. In the walled medieval village of Mesta, Georgia Poumpoura, 73, stood under a grape arbor outside her small stone house and chatted with friends. She said she divides her time between Athens, where she raised her family, and Mesta, where she grew up in poverty and where her monthly pension, which has been cut by the government’s austerity plan, stretches further.
“I have three sons,” she said. “One is a civil engineer, one an electrical engineer, another a mechanical engineer. All three are unemployed. They’re having a hard time in Athens. Here we manage to make ends meet, but we spend less,” she said of herself and her husband, who is also retired.
But she said she would be disappointed if her sons returned to Chios. “I worked so hard to make my children and grandchildren go to college,” she said. “I don’t want them to come back. It would be a waste of all that effort.”
Beyond the numbers, the impulse to return to Greece’s rural roots itself represents a telling new tendency since the onset of the crisis — a turning inward, a quiet kind of national pride in response to the overall gloom. Dimitris Kaloupis, who left his job as a construction worker 20 years ago during the boom years and now is a full-time farmer in Volissos, raises his own animals and vegetables and runs a local tavern. He said he thought Greece could handle this crisis, as it had many others.
“We invented civilization, and we’ll take it back,” Mr. Kaloupis said over a lunch of stewed lamb that he raised himself. If the Greek economy really plummets beyond repair, “I will take the rock in my hand and squeeze it, and from the water that comes out of it, I’ll make pilaf to feed my daughter. We’ll manage.”
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function MWS = TVec_Burner(MWS)
% TMATS -- setup_Burner.m
% *************************************************************************
% written by Jeffryes Chapman
% NASA Glenn Research Center, Cleveland, OH
% Dec 18th, 2012
%
% This function creates the properties of the Burner component.
% *************************************************************************
MWS.TV.VarNames = {'Burn' 'W' 'FARc' 'Tt' 'Pt' 'Wf'};
WIn = [102 104];
FARcIn = 0.03;
TtIn = 2449.02;
PtIn = 99;
Wf = 2;
a = 1;
for i1 = 1:length(WIn)
for i2 = 1:length(FARcIn)
for i3 = 1:length(TtIn)
for i4 = 1:length(PtIn)
for i5 = 1:length(Wf)
MWS.TV.TV(1,a) = WIn(i1);
MWS.TV.TV(2,a) = FARcIn(i2);
MWS.TV.TV(3,a) = TtIn(i3);
MWS.TV.TV(4,a) = PtIn(i4);
MWS.TV.TV(5,a) = Wf(i5);
a = a + 1;
end
end
end
end
end
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The cooperative roles of Foxc1 and Foxc2 in cardiovascular development.
Fox1 and Foxc2 are closely related members of the Forkhead/Fox transcription factor family. The two Foxc genes have overlapping expression patterns in mesodermal and neural crest derivatives during development, as well as similar functions of gene regulation. Consistently, mouse mutants for each gene have similar abnormalities in multiple embryonic tissues, including the eye, kidney and cardiovascular system. Analysis of compound Foxc1; Foxc2 mutant embryos reveals that the two Foxc genes have dose-dependent, cooperative roles in development. In particular, recent studies demonstrate that Foxc1 and Foxc2 are essential for arterial cell specification, lymphatic vessel formation, angiogenesis and cardiac outflow tract development. This chapter will summarize and discuss current knowledge about the function of Foxc1 and Foxc2 in cardiovascular development.
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After your cancer treatment, as a cancer survivor you're eager to return to good health. But beyond your initial recovery, there are ways to improve your long-term health so that you can enjoy the years ahead as a cancer survivor.
The recommendations for cancer survivors are no different from the recommendations for anyone who wants to improve his or her health: Exercise, eat a balanced diet, maintain a healthy weight, avoid tobacco and limit the amount of alcohol you drink.
But for cancer survivors, these strategies have added benefits. These simple steps can improve your quality of life, smoothing your transition into survivorship. Here's what you can do to take care of yourself after cancer treatment.
Adding physical activity to your daily routine doesn't take a lot of extra work. Focus on small steps to make your life more active. Take the stairs more often or park farther from your destination and walk the rest of the way. Check with your doctor before you begin any exercise program.
With your doctor's approval, start slowly and work your way up. The American Cancer Society recommends adult cancer survivors exercise for at least 30 minutes five or more days a week. As you recover and adjust, you might find that more exercise makes you feel even better.
Sometimes you won't feel like exercising, and that's OK. Don't feel guilty if lingering treatment side effects, such as fatigue, keep you sidelined. When you feel up to it, take a walk around the block. Do what you can, and remember that rest also is important to your recovery.
Exercise has many benefits and some early studies suggested that it may also reduce the risk of a cancer recurrence and reduce the risk of dying of cancer. Many cancer survivors are concerned about cancer recurrence and want to do all they can to avoid it.
While the evidence that exercise can reduce the risk of dying of cancer is preliminary, the evidence for the benefits of exercise to your heart, lungs and other body systems is substantial. For this reason, cancer survivors are encouraged to exercise.
Eat a balanced diet
Vary your diet to include lots of fruits and vegetables, as well as whole grains. When it comes to selecting your entrees, the American Cancer Society recommends that cancer survivors:
Select proteins that are low in saturated fat, such as fish, lean meats, eggs, nuts, seeds and legumes
Opt for healthy sources of carbohydrates, such as whole grains, legumes, and fruits and vegetables
This combination of foods will ensure that you're eating plenty of the vitamins and nutrients you need to help make your body strong.
It's not known if a certain diet or certain nutrients can keep cancer from recurring. Studies examining low-fat diets or diets that contain specific fruits and vegetables have had mixed results. In general, it's a good idea to eat a varied diet that emphasizes fruits and vegetables.
While it may be tempting to supplement your diet with a host of vitamin and mineral supplements, resist that urge. Some cancer survivors think that if a small amount of vitamins is good, a large amount must be even better. But that isn't the case. In fact, large amounts of certain nutrients can hurt you.
If you're concerned about getting all the vitamins you need, ask your doctor if taking a daily multivitamin is right for you.
Maintain a healthy weight
You may have gained or lost weight during treatment. Try to get your weight to a healthy level. Talk to your doctor about what a healthy weight is for you and the best way to go about achieving that goal weight.
For cancer survivors who need to gain weight, this will likely involve coming up with ways to make food more appealing and easier to eat. Talk to a dietitian who can help you devise ways to gain weight safely.
You and your doctor can work together to control nausea, pain or other side effects of cancer treatment that may be preventing you from getting the nutrition you need.
For cancer survivors who need to lose weight, take steps to lose weight slowly — no more than 2 pounds (about 1 kilogram) a week. Control the number of calories you eat and balance this with exercise. If you need to lose a lot of weight, it can seem daunting. Take it slowly and stick to it.
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In my earlier tests, taken more than 3 weeks back, I used to get almost all RC wrong. The RC has ow boosted my score but at the same time the bad news is the no. of correct answers for SC and CR is constant despite my study overthe last few weeks.
In my earlier tests, taken more than 3 weeks back, I used to get almost all RC wrong. The RC has ow boosted my score but at the same time the bad news is the no. of correct answers for SC and CR is constant despite my study overthe last few weeks.
Thats good RC stats. What material are you using for SC? _________________
In my earlier tests, taken more than 3 weeks back, I used to get almost all RC wrong. The RC has ow boosted my score but at the same time the bad news is the no. of correct answers for SC and CR is constant despite my study overthe last few weeks.
Mackieman,Yes. I do have whatever is necessary to crack the SC part:-). However, I find the MGMAT SC book too cluttered with stuff that we may not really need for SC. The SC Grail is MUCH better - it has a concise structure.ForCR, I still need to develop my strategy.
Mackieman,Yes. I do have whatever is necessary to crack the SC part:-). However, I find the MGMAT SC book too cluttered with stuff that we may not really need for SC. The SC Grail is MUCH better - it has a concise structure.ForCR, I still need to develop my strategy.
Posted from my mobile device
I agree with you regarding Aristotle, however when you have reached a certain level Aristotle is not enough and then it is time to start working with the more advanced parts of MGMAT SC. _________________
Mackieman,Yes. I do have whatever is necessary to crack the SC part:-). However, I find the MGMAT SC book too cluttered with stuff that we may not really need for SC. The SC Grail is MUCH better - it has a concise structure.ForCR, I still need to develop my strategy.
Posted from my mobile device
I agree with you regarding Aristotle, however when you have reached a certain level Aristotle is not enough and then it is time to start working with the more advanced parts of MGMAT SC.
I agree - I need to use the MGMAT SC book and drill it into my head somehow By the way, Good Luck for your test tommorow...let us know how it goes
Yep, any suggestions for SC; its the bottleneck for me as I am aiming for a 40+ V score and I am at 38 now for gmat prep1 with 9 wrong in SC, 2 in CR, all correct in RC
Posted from my mobile device
Personally, I feel SC can be improved a lot as compared to RC or may be CR. Just go through all the rules of SC from the MGMAT SC book. If you have done the SC book then do it again. I always find new things each time I review the MGMAT SC book. I found the Aristotle SC great too. Did you do all the OG questions of SC? I think the OG has excellent explanations for SC.
Guys, do not forget to practice CR. I thought I had CR under control, around 90% correct in GMAT-prep and 70% in MGMAT. On the real test day the CR-questions were much harder than anything I ever encountered on GMATprep. _________________
Guys, do not forget to practice CR. I thought I had CR under control, around 90% correct in GMAT-prep and 70% in MGMAT. On the real test day the CR-questions were much harder than anything I ever encountered on GMATprep.
Agree with you on the CR part, mackieman. From what I remember, in my last GMAT attempt some 4 months back, the CR's were brutal. RC was manageable and SC was ok(little on the trickier side).
Update - I just took a CAT test, MGMAT one and scored 630(Q43,V33). Unfortunately, one RC passage and 3-4 other questions were repeats from previous tests. And , I remembered the answers to 2 questions(not the RCs). So these 2 questions may have inflated my score. May be my actual score is 590-600?
My SC accuracy has improved a lot, only 2 wrong in this test; CR has remained the same and RC has dipped A LOT. For me, RC accuracy is mainly attributed to my concentration levels. I know that I could have performed better but somehow could not get myself to concentrate today(I know that this could happen on the test day too)!
My concern for verbal is - when I review one part, say SC, and take a test, then the SC score really shoots up for me but I get many questions wrong on the other 2 parts of VErbal. What can I do for this? Should I review all 3 parts together daily?
In Quant - my accuracy is almost 60% right always. I never seem to get more than this and neither does it dip below this. Effectively, my Quant scores is always between 40-44.
What can I do to tame this monster ? I'm getting mentally sick of my capacity I want to be uniform in the whole test. Unfortunately that is not happening for me My target score : 700 would be great, but 650-670 is fine.
I'm in similar situation as far as Verbal is concerned. I'm just practicing CR questions from OG11 now and MGMAT 25 supplement questions. Let's see where my score goes in up coming tests. Good luck for preparation. _________________
I'm in similar situation as far as Verbal is concerned. I'm just practicing CR questions from OG11 now and MGMAT 25 supplement questions. Let's see where my score goes in up coming tests. Good luck for preparation.
I have the OG 11 too, may be I should use it for Verbal. We are in the same level(courtesy: MGMAT CAT scores )What is your target score,by the way?
I'm aiming for 700+ score. I was performing good in Quant but always get stuck in 2-3 questions each taking 5-7 minutes. Next time, I'll avoid getting stuck on any Quant question. Hope this would improve my score. _________________
I'm aiming for 700+ score. I was performing good in Quant but always get stuck in 2-3 questions each taking 5-7 minutes. Next time, I'll avoid getting stuck on any Quant question. Hope this would improve my score.
Guys, do not forget to practice CR. I thought I had CR under control, around 90% correct in GMAT-prep and 70% in MGMAT. On the real test day the CR-questions were much harder than anything I ever encountered on GMATprep.
Guys, do not forget to practice CR. I thought I had CR under control, around 90% correct in GMAT-prep and 70% in MGMAT. On the real test day the CR-questions were much harder than anything I ever encountered on GMATprep.
Also, what did you think about RC? Was it generally straightforward or convoluted?
Concerning the fact that you forget 2 verbal parts' patterns while reviewing the third's ones maybe the following will help: when you read, for instance, MGMAT SC book write short notes in your notebook, making kind of an extract of the key issues (it's better than reading other people's notes since you memorize a lot more). After having it done for all books you will obtain a list of "to do/to remember etc." things. Simply review it before taking any test and do your best! As you will take a lot more than 2-3 tests you will read this extract quite often and eventually remember almost everything or everything that you have written.Good luck!
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Real estate partner wins prestigious legal award
Martino Giaquinto has won the prestigious Legal 500 UK Award for real estate lawyer of the year 2019.
The awards recognise and reward the best in-house and private practice teams and individuals over the past 12 months based on the opinions of over 50,000 interviews with clients across the UK.
Martino, who is a construction, engineering and energy partner said: “This award is a huge honour and I was delighted to be shortlisted, let alone win. This is a well-deserved accolade for the whole team and I was proud to share the success with them.”
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Martino
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Introduction: Jeff Moore, Lead Engineering Recruiter at Google, talks about how you can best prepare for a technical interview in this week's Recruiter Tips & Tricks post. Interested in internships or full-time roles at Google? Check out our newly redesigned student jobs site at www.google.com/students.
Welcome back, everyone; I hope things are going well. It’s time for my favorite blog of the series. Seriously, as a recruiter I like nothing better than having a candidate come in for an interview and show off amazing technical skills! All recruiters love this because we spend our time looking for great talent...and it’s rewarding to see people do well. So, I’m going to share with you some quick and easy tips to help you rock the technical interview. Here we go:
Do your homework - Doing well in a technical interview is as much about what you do before the interview as what you do during the interview. Most software companies that perform really technical interviews are going to ask you questions about coding, system design and algorithms. You should search the web for sample questions so you’ll know what to expect. If someone asks you a question during the interview that you found during your research, make sure to tell them so they can ask you a different question.
Refresh your skills - In addition to doing your homework, you should brush up on your software engineering skills. Get your old Computer Science books out and reread the chapters on algorithms, complexity theory and all that fun stuff. A lot of schools also publish courses online. MIT, for example, has “Open Courseware”, where you can go and actually take a look at the undergrad and graduate level courses taught there. It’s a pretty good way to make sure you’re up to date and feeling good about your core Computer Science skills.
Know your resume - Obvious tip alert! Many times you’ll be asked to explain previous projects that you’ve worked on. It is critical that you are able to speak articulately about your past work, which could include being able to explain the algorithm and its implementation. Remember the most difficult bug and how you fixed it.
Rinse and repeat for desired results - Once you’ve done all this, the best way to make sure you ace the interview is to practice, practice and more practice. I’d recommend you check out sites like Stack Overflow, TopCoder or any of the other coding competitions out there, and crank though some sample problems. Finally, check out a book like "Smart and Gets Things Done" by Joel Spolsky, or do a quick search for books about technical interview preparation. There’s no magic bullet here—just time and due diligence. Trust me, it will pay off.
I hope these tips help. Remember, the more time you spend preparing the better job you’ll do during your interview. Additionally, being well prepared will allow you to relax and be yourself which in turn will give the company an idea of what you’d be like as a colleague. Good luck out there this week. Feel free to share any technical interview stories. I always enjoy hearing from people about what they encounter. Finally...take a deep breath and rock the interview.
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NEW ORLEANS — To be perfectly honest, there are times when the Rising Stars Challenge can feel like a bit of a chore. It can’t match the talent level of the actual All-Star game, but it has all of the lack of defense, intensity, and ball movement that is usually par for the course in Sunday’s main event. Botched alley-oops, cherry-picking, jogging up and down the court, and ill-fated dribble moves are rampant.
So why is this a staple of NBA All-Star Weekend, and why do we watch? To put it plainly, there’s a very good chance that something completely insane will happen during the Rising Stars Challenge. Without so much as the pride of their conferences to play for, let alone the pressure of playing for their actual team, the players are openly out there to put on a show, and the flashes of sheer ridiculousness that come out of that mentality are often enough to make up for the apathy that makes up the rest of the game.
On Friday, the game started out lackadaisically, even by All-Star Friday standards. When a player wanted to get a layup, he got to the rim with less resistance than a stiff breeze would be able to offer him. 3-pointers were thrown up early in the clock at a high volume, but rarely found their mark. The cherry-picking was even more blatant than usual.
Andre Drummond dominated the game simply by camping under the basket, actually trying to get rebounds, and easily depositing the ball in the hoop time after time. There weren’t even particularly impressive dunks or crossover moves to break up the monotony. It was shaping up to be 40 minutes of a game that only barely resembled basketball, and seemed to only be fun for those playing in it.
Then Tim Hardaway Jr. and Dion Waiters happened. With 8:58 remaining in the game, Hardaway Jr., who had been shooting the ball aggressively all night but struggling to get his shots to go in, drilled a 3. Waiters came right back at him, drove, and got two free throws. Waiters and Hardaway both said they had something of a score to settle before the game, as Hardaway had made a 3 with the clock winding down in a Knicks blowout win over the Cavaliers on TNT earlier in the year, something that Waiters told Hardaway he would “get him back” for.
Hardaway said that Waiters had talked to him before the game and during the game, and that both of them were “trying to do a great job of just getting the fans involved. It was kind of dead in there, and we just wanted to start something, a little one-on-one battle here and there.”
After Waiters made his free throws, the Waiters-Hardaway show had officially begun. Hardaway came right back down the court and drilled a 3. Waiters answered with a fadeaway jumper. Hardaway went to the hole and got free throws. Waiters got fouled and split free throws of his own. The players traded layups, then Hardaway set up his teammate for a layup.
After that, the three-point contest begun, as Waiters drilled a 3 in Hardaway’s face and Hardaway answered with a pull-up 3 of his own — from 33 feet away. The crowd had come alive. Waiters came right back with a 3. Hardaway came back with a 31-footer, and the crowd was fully on its feet. When Hardaway missed a 3 after two Waiters free throws, the two players had combined for 27 points in just under 3 minutes. They weren’t completely done, either, as they went head-to-head again a few minutes later to combine for 14 points in just under a minute.
Ultimately, Waiters got the better of the rookie on Friday, as he needed only 14 shots to get his 31 points and added 7 assists, while Hardaway Jr. needed 23 shots to get his 36 points and only managed to dish out two assists, and Waiters’ team ultimately pulled out the victory. Still, the important thing is that both men combined to give NBA fans the kind of display you simply won’t see often in the games that count, and one that made the Rising Stars Challenge anything but a forgettable affair.
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A fake iceberg anchored in Wellington Harbour was driven by a desire to shock people into action on climate change, the group behind it says.
The iceberg was made by special-effects company Weta Workshop for the protest.
Measuring 7 metres long, 3.5m wide and 4.8m high, it is made from polystyrene but fully encased in a hard shell, with a flotation device. It was anchored in Oriental Bay early yesterday.
A group of self-described anonymous artists claimed responsibility for the iceberg via email, saying global warming was a defining topic of our time.
They said they were not affiliated to any group but were just "people who care, people who have children". "We are a collective of artists from all walks of life. "
"We wanted to shock people out of their numbness and hopefully motivate some action. So from that the iceberg was born."
They appealed to people who saw the artwork to "stand up and take action".
"We didn't just talk, we did something. What are you going to do?" they wrote in an email.
The iceberg was trucked through Wellington at night and dropped into the harbour just after midnight yesterday.
"It was a huge relief to see it floating; due to its size, sea tests weren't possible beforehand."
Weta Workshop spokeswoman Ri Streeter said it was commissioned by the artists, who wanted to create awareness of global warming. Weta worked with the group to ensure the artwork was "environmentally sound".
Maritime police spokesman Andrew Cox said there was no problem with the iceberg as it was away from shipping lanes.
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Roasted Turkey Breast With Cranberry Sauce
Here's a clever way to reduce the fat in your holiday bird. Use only the lean, tasty breast and marinate it overnight in a flavorful mixture of crushed spices and yogurt. The sweet-tart cranberry sauce makes this dish a winner that the whole family will love.
Advertisement - Continue Reading Below
Yields:
8
servings
Prep Time:
0
hours
20
mins
Cook Time:
1
hour
0
mins
Total Time:
9
hours
20
mins
Ingredients
TURKEY:
1 boneless, skinless turkey breast half (about 2 1/4 pounds)
3/4 c.nonfat plain yogurt
2 cloves garlic, minced
1 tbsp.apple cider vinegar
1 tsp.black peppercorns, crushed
1 tsp.cumin seed, crushed
1 tsp.dried rosemary, crushed
1 tsp.minced fresh ginger
1/2 tsp.ground cinnamon
CRANBERRY SAUCE:
2 c.fresh cranberries
1/2 c.dried apple
grated rind of 1 orange
1 c.orange juice
1/2 c.all-fruit apple butter
3 tbsp.maple syrup
Directions
To make the turkey: Rinse the turkey with cold water and pat dry with paper towels. Set aside.
In a large nonreactive bowl, combine the yogurt, garlic, vinegar, pepper, cumin, rosemary, ginger and cinnamon. Add the turkey and turn to coat evenly. Cover and refrigerate overnight, turning the meat occasionally.
To make the cranberry sauce: While the turkey is marinating, in a food processor or blender, combine the cranberries, apples, orange rind and orange juice. Process using on/off turns until finely chopped but not pureed. Transfer the mixture to a medium saucepan. Add the apple butter and maple syrup. Bring to a boil over high heat. Reduce the heat to low and simmer, uncovered, for about 10 minutes. Transfer to a serving bowl and allow to cool. Cover and refrigerate until serving time.
To roast the turkey, remove it from the marinade and place it in an oven cooking bag. Discard the marinade. Roast the turkey according to the manufacturer's directions, or until the internal temperature of the turkey reaches 170°F. Start checking the internal temperature after 1 hour.
Remove the turkey from the cooking bag and let stand for 10 minutes before slicing and serving. Serve with the cranberry sauce.
This recipe works well in a clay cooker. Simply place the marinated turkey breast in the clay cooker, cover and bake at 350°F for 1 to 1 1/2 hours, or until
cooked through. The turkey is cooked through when the internal temperature reaches 170°F.
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Prevention participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites.
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Tuesday, October 12, 2010
It was the thought of seeing my first polar bear that gave me the motivation to get up at 4:30 this morning. That and the fact that I had to catch a flight to Churchill! We all met in the lobby and went across the street to our small, awaiting plane which seated our camp only. On the flight, i got to see one of the most beautiful things you could see in Churchill; the sunrise. As you can see in the picture, it was one of the most spectacular views I've ever been lucky enough to witness. It gave me a whole new appreciation for where I was and how beautiful the arctic really is. As we ducked beneath the clouds, I got a better glimpse at the landscape. The land here doesn't have snow yet and is very flat, but full of nature. Plenty of large rocks, small trees, and dips in the land(which are actually caused by the land expanding after it has been compressed by glaciers in the winter). The airport was just a small building, no security lines or baggage claims, much to everyone's surprise. But after learning that Churchill only has about 800 or so residents, it made more sense. but we hardly had time to look around before we left to go on the Tundra Buggies! As you can see in the pictures, they are very large and VERY bouncy. The terrain takes forever to go across in a tundra buggies but polar bears have adapted feet and muscles to move across the terrain very easily. On the buggie we saw plenty of birds, pretty landscape, and our first polar bear!!! Although it was at a distance, it was so exciting to a wild polar bear for the first time! Our group was lucky enough to see four polar bears today! They were very calm and used to the buggies, and lifted their heads occasionally to look at us or smell of lunch. It was so cool!
Interesting facts of the day:
A lot of the trees in the arctic only have branches on one side, because the other have(that was not protected by the trunk of the tree) has been blasted off by the high winds they get in Churchill.
Polar Bears have a "Jacobson Organ," which is an organ that allows them to taste or smell the air with their tongue, which is the same things that snakes do!
Because polar bears are so good at distributing their weight on their 4 big legs and wide paws,they can walk on ice as thin as 1 inch! Polar bears are so adapted to the cold, that if they get to warm or to stressed and their body temperature rises, over heating becomes a real danger to the polar bears. To get a better grip on the ice, polar bears have little "suction cups" on their paws that are so tiny, it is very hard to see.
As you can see I have already learned a lot on this trip. The people have all been wonderful and I love experiencing this with all of them. It just so happens that today was the Canadian thanksgiving! So we all shared our excitement of the day with each other over a delicious dinner of turkey, stuffing, sweet potatoes, and pie! Yum! After dinner, we enjoyed a wonderful presentation about polar bears and the threats they are facing. it made me realize that many people don't realize that polar bears actually live on the ice, and due to the increasing carbon levels we are putting into the atmosphere, the ice melts faster, putting the bears on land earlier, thus reducing the amount of time they get to hunt seals (their main source of food). But it is also not just the polar bears we should be focusing on. Although they are furry and cute, they are just one animal in a circle of other mammals that are being affected by us. The bears are just the tip of the iceberg for everything that is happening to our changing climate. But this should only heighten our motivation to become more "green." EVERY little thing we do affects our environment, and we can all play our part in making a smaller carbon footprint. WE talked about several new inventions that are really helping our environment, and were only just starting. Things are changing at a very fast rate. Both good and bad. So it is up to ALL of us, to make sure the change we make, is for the better.
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Republican approval rating falls to lowest point in Gallup poll history
Only 28 percent of Americans have a favorable impression of the Republican Party, according to the latest Gallup poll, taken after Sen. Ted Cruz’s 21-hour speech and the subsequent government shutdown. (Getty Images)
No, Republicans, the Gallup Poll is not a limbo contest.
Republicans seem to be playing “how low can you go.” Just 28 percent of Americans have a favorable impression of the GOP, according to the latest monthly Gallup tracking poll. The number ” is the lowest favorable rating measured for either party since Gallup began asking this question in 1992,” the polling company stated.
The number is 10 points lower than the party scored in the same poll in September.
Democrats, meanwhile, got a favorable rating from only 43 percent of respondents, down four points from last month.
The contrasting numbers seem to demonstrate the way blame for the government shutdown is being allocated to the respective parties by the public.
The poll surveyed 1,028 adults between Oct. 3 and Oct. 6.
The only similar trend in the poll’s history was the rating of Republicans after the vote to impeach President Bill Clinton in December 1998. Then, Republicans dropped 12 points, from 43 percent to 31 percent, although the party’s popularity recovered somewhat in subsequent months.
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Jyoti Khandelwal
Jyoti Khandelwal is an Indian National Congress politician who was elected mayor of Jaipur Municipal Corporation in 2009. In those elections, she defeated Suman Sharma of the Bharatiya Janata Party by 13,500 votes.
In her tenure she has courted many controversies, often sparring with opposition councillors. During her tenure as Mayor, she criticized the Congress led state government for sheltering "corrupt".
References
External links
Category:Indian National Congress politicians from Rajasthan
Category:Mayors of Jaipur
Category:Women mayors of places in India
Category:Women in Rajasthan politics
Category:Living people
Category:Year of birth missing (living people)
Category:Place of birth missing (living people)
Category:21st-century Indian women politicians
Category:21st-century Indian politicians
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// Set up so the declaration in InconsistentSubHeader.h is not defined.
#define SYMBOL2 1
#include "InconsistentSubHeader.h"
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T.X. Watson's Pre-EVENT blog
(via SourceFed on Tumblr)
I apparently missed this story in April, but Valve's employee orientation handbook leaked -- and it describes the coolest workplace ever.
It's a very pretty handbook, first of all. This doesn't look like someone scanned a stack of papers they found in a photocopier tray. It's drenched in Valve's company philosophy, which is all based around not letting anyone be in charge -- or, maybe more accurately, putting everyone in charge.
With just a little bit of tweaking, the handbook could be used not just as an orientation guide to fit into Valve's workplace culture, but as a set of instructions on how to be a good person[1. if we assume good means useful.].
My favorite part was the hiring guide. Since everyone at Valve has the authority to hire new people, and, indeed, to do basically whatever they want with the company resources, they place hiring above absolutely everything else in scale of importance.
The guide for what kind of people they're looking for also looks quite a lot like a guide for what sort of person one should strive to be, in order to maximize one's contribution to the world around oneself. They say they're looking for T-shaped people:
The horizontal part of the T represents a broad range of general competence -- the person should be reasonably good at a whole bunch of things. The vertical part represents deep expertise -- there should be something that person can contribute at a higher level of quality than pretty much everyone else.
Check it out -- it's a really cool read, whether you want to work for Valve or not. (I kinda do, now.)
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In an interview yesterday with NBC’s Kelly O’Donnell, Sen. John McCain (R-AZ) dismissed criticism of his multiple false claims that Iranian operatives are “taking al-Qaeda into Iran, training them and sending them back” by claiming that he “corrected it immediately.” “I don’t claim that I won’t misspeak on occassion, but I will correct it immediately,” said McCain.
Asked if it’s “a fair question” to wonder if it was more than “simply a slip of a tongue,” McCain replied that “to think that I would have some lack of knowledge about Sunni and Shia after my eigth visit and my deep involvement in this issue is a bit ludicrous.” Watch it:
Just as McCain’s initial assertion about Iran training al Qaeda was false, his claim that he “corrected it immediately” is also false. In fact, McCain made the claim at least three times on two separateoccasions. He corrected himself only after the third utterance when Sen. Joe Lieberman (I-CT) whispered in his ear.
While NBC aired only a snippet of O’Donnell’s interview, in the full video, which is posted online, McCain also played the common conservative game of using “intentionally deceptive language” to blur “the differences between groups with different goals and ideologies in order to create the illusion of a united Islamofascist enemy”:
Al Qaeda is military. Al Qaeda is killing Americans as we speak. Islamic extremists are being trained in Iran and they are being sent back into Iran, I mean into Iraq.
Making a false claim and then making it again is the opposite of the correcting it immediately. It’s also the opposite of “straight talk.”
Transcript:
KELLY O’DONNELL: I’d like to ask you about a moment yesterday when you were speaking about the influence of Iran and there was a gaffe, if you’d call it that. When you described Iran aiding al Qaeda, does that suggest that your depth of knowledge on some of the cultural issues may not be as great as some of your military knowledge?
JOHN MCCAIN: Al Qaeda is military. Al Qaeda is killing Americans as we speak. Islamic extremists are being trained in Iran and they are being sent back into Iran, I mean into Iraq. And explosive devices, these copper ones, which we just discovered, uncovered a large cache, are killing American soldiers. We should care about that. We should care about Iranians who are sending these lethal devices, the most lethal devices, into Iraq and killing Americans. That’s what I care about. That’s what the subject is. I just simply misspoke when I said al Qaeda. But they are training extremists and they are sending the most lethal devices that are killing Americans. That’s what we should care about.
O’DONNELL: Do you feel comfortable with understanding the differences between the Shia and Sunni political agendas?
MCCAIN: In all due respect, that was my eighth visit to Iraq. I am constantly briefed. I am constantly engaged in this issue. I’ve been involved in every major national security challenge this nation has faced for the last 20 years.
O’DONNELL: I ask it respectfully because people did notice that you made this comment and wondered, was it simply a slip of the tongue…
MCCAIN: I corrected it immediately. I corrected it, my comment immediately. I don’t claim that I won’t misspeak on occassion, but I will correct it immediately. Ha ha ha, I’m astonished. Frankly, I’m astonished.
O’DONNELL: You don’t think that’s a fair question?
MCCAIN: I think anything is a fair question, but to think that I would have some lack of knowledge about Sunni and Shia after my eigth visit and my deep involvement in this issue is a bit ludicrous.
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Everyone’s tasted chocolate covered matzah, right? Think again… unless you’ve had some Matzel Toff, you have no idea what matzah with chocolate is!
Woooow, what a treat!
Starting with a Streit’smatzah bar that gets covered with toffee and chocolate, this product is like nothing you ever imagined…
Looks scrumptious, tastes even better
The two bars did not last more than a few minutes. The milk chocolate covered variety that CS and I had came with a very generous covering of toffee and chocolate. The chocolate was obviously not of some cheap make but it showed all the rich taste you expect from a quality product.
Matzel Toff is a small CT based company, the brain child of Philip Guttman and Abigail Levy. Phillip, as a college student used to make his grandmother Edith’s delicacy (chocolate covered matzah), for a late snack, for parties, to share with good friends. When his friend Abigail tasted it she soon realized that if you add toffee, you take the flavor to a new level.
While it had never occurred to Phillip that this was a salable product, Ms. Levy convinced him to incorporate and start mass producing it. Between the two they invested $10,000 for research and development, the biggest challenge was the product’s shelf life, which they soon overcame. Then, armed with a Rolodex, they started making phone calls.
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In this April 20, 1961 article in the Guilford College student newspaper, The Guilfordian, reporter Shirley Jones highlights Guilford College's role in the Civil War as a stop on the Underground Railroad, providing context for the school's history...
QuickView
Display a larger image and more item information when the pointer pauses over a thumbnail
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"IsSnapshot": true,
"Mountpoint": "/var",
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|
Wholly Coast! brings together nine artists working in diverse media, with overt visual preference towards humor and color and organized around representational-abstraction. The work displayed suggests a revival of the precepts of Light-and-Space; specifically, the use of plastics, vibrant hues, and attention to the quality of atmosphere here in Los Angeles. Heightened consideration for saturation plays a common theme. Humor, also inserts itself in the form of satire. “All dogs die”, “Not a Winner”, and a Dali-esque meat montage each poke fun at cultural landmarks with ease while Plush viscera and mounted carpet seem to point their humorous critique at art making itself. Representational-abstraction prioritizes the artists viewpoint as paramount to accurate visual description, an ode to the individualism we Angelinos are famous for. The abstraction of visually recognizable forms happens through material and iconographic recontextualization, suggesting larger meanings and contexts specific to Los Angeles art making.
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World Championships 2013 Smeargle
This Smeargle was distributed at the 2013 World Championships from August 10 to 11, 2013. On August 10, 2013 it was available from noon to 8:00 pm and on August 11, 2013 it was available from 9:00 am to 4:00 pm. It was available to English, French, German, Italian, Japanese, Korean, and Spanish language games. However, Japanese and Korean games received English versions. This Smeargle has an IV of 31 for both Attack and Speed.
This Pokémon was available in Australia, New Zealand, France, Brazil, the United States, Chile, Mexico, Canada, Austria, Belgium, Germany, Italy, Portugal, Spain, Switzerland, the Netherlands, the United Kingdom, and Guatemalain 2013.
World Championships 2012 Pikachu
This Pikachu was distributed at the 2012 World Championships. It was available to English, French, German, Italian, Japanese, Korean, and Spanish language games. However, Japanese and Korean games received English versions.
Summer 2012 Pikachu
In France, this Pikachu was distributed at the Japan Expo that was held in Paris from July 5 to July 8. In Italy, it was distributed at Pokémon Day from July 14 to 15, 2012. In Germany, it was distributed at Pokémon Day tour stops from August 18 to September 29, 2012. This Pikachu was available to English, French, German, Italian, and Spanish games.
Video Game Championships 2012 Larvitar
This Larvitar was distributed at national finals for the 2012 World Championships. In the United Kingdom, it was distributed on March 3, 2012. In Germany, it was distributed on March 10, 2012. In France, it was distributed on March 17, 2012. In Spain, it was distributed on March 24, 2012. In Italy, it was distributed on April 1, 2012. In the United States, it was distributed from June 30 to July 1, 2012. It was available to English, French, German, Italian, and Spanish games at all locations.
Winter 2011 Darkrai
This Darkrai was distributed in many places around the world. At all locations it could obtained in English, French, German, Italian, and Spanish language games.
In France, this Darkrai was distributed at Toys "R" Us stores from November 14 to 26, 2011. In Switzerland, it was distributed at Softridge and GameStop stores in Zurich and Lucern from November 14, 2011 to December 31, 2011. In Germany, it was distributed at GameStop, Toys "R" Us, and Karstadt stores from November 16, 2011 to January 31, 2012. In Italy it was distributed at Pokémon Winter Camp each weekend in a different location from November 19 to December 18, 2011. In Finland, it was distributed at the final of the Finland's Best Wii Player competition on November 26, 2011. In Greece, it was distributed at Kotsovolos stores on Decemeber 31, 2011.
World Championships 2011 Scrafty
This Scrafty was distributed at the 2011 World Championships. It was available to English, French, German, Italian, Japanese, Korean, and Spanish language games. However, its language of origin is always English.
Summer 2011 Zoroark
This Zoroark was distributed in many places around the world. At all locations it could obtained in English, French, German, Italian, and Spanish language games.
In Greece, this Zoroark was distributed at Multirama stores on June 11 and 18, 2011. In Italy, it was distributed at Pokémon Camp from July 20 to October 23, 2011, and at Pokémon Day from June 18 to 19, 2011. In France, it wasdistributed from June 20 to August 20, 2011 at GAME stores, and from June 30 to July 3, 2011 at the Japan Expo 12. In Switzerland, it was distributed at Softirdge stores from June 24 to August 27, 2011. In Sweden, it was distributed at Toys "R" Us and GAME stores from August 8 to 28, 2011. In Germany, it was distributed at the Pokémon Day event from August 27 to October 1, 2011. In the Netherlands, it was distributed at a playday in Hoorn on September 18, 2011. In Austria, it was distributed at Libro stores from September 22 to October 5, 2011. In Belgium, it was distributed at Cora hypermarkets on October 8, 2011.
Summer 2011 Karrablast
This Karrablast was distributed in many places around the world. At all locations it could obtained in English, French, German, Italian, and Spanish language games.
In Greece, this Karrablast was distributed at Multirama stores on June 11 and 18, 2011. In Switzerland, it was distributed at Softridge stores from June 24 to August 27, 2011. In Germany, it was distributed at Toys "R" Us and GameStop stores from June 24 to August 27, 2011. In France, it was distributed from June 30 to July 3, 2011 at the Japan Expo 12. In England, it was distributed at Pokémon Adventure Camp from July 15 to 17, 2011. In Italy, it was distributed at Pokémon Camp from July 20 to October 23, 2011, and at la Feltrinelli, GameStop, Saturn, and MediaWorld stores from July 24 to August 31, 2011. In the Netherlands, it was distributed at E-Plaza stores.
Summer 2011 Shelmet
This Shelmet was distributed in many places around the world. At all locations it could obtained in English, French, German, Italian, and Spanish language games.
In Greece, this Shelmet was distributed at Multirama stores on June 11 and 18, 2011. In Switzerland, it was distributed at Softridge stores from June 24 to August 27, 2011. In Germany, it was distributed at Toys "R" Us and GameStop stores from June 24 to August 27, 2011. In France, it was distributed from June 30 to July 3, 2011 at the Japan Expo 12. In England, it was distributed at Pokémon Adventure Camp from July 15 to 17, 2011. In Italy, it was distributed at Pokémon Camp from July 20 to October 23, 2011, and at la Feltrinelli, GameStop, Saturn, and MediaWorld stores from July 24 to August 31, 2011. In the Netherlands, it was distributed at E-Plaza stores.
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Q:
Symmetry of the (Riemann) curvature tensor of the Riemannian connection: $\nabla_{\nabla_Y Z}W = \nabla_Y(\nabla_Z W)$?
My book is Connections, Curvature, and Characteristic Classes by Loring W. Tu (I'll call this Volume 3), a sequel to both Differential Forms in Algebraic Topology by Loring W. Tu and Raoul Bott (Volume 2) and An Introduction to Manifolds by Loring W. Tu (Volume 1).
I refer to Theorem 22.6 in Section 22.4. While the term "Riemann curvature tensor" is not introduced until Section 22.6, I believe what Theorem 22.6 refers to is the Riemann curvature tensor.
For proving Theorem 22.6, I'm trying to understand what it means when Tu says that adding (22.5) and (22.6) cancels out the $\langle R(Y,Z)X,W \rangle$ term.
I think the canceling out is in that $\langle R(Y,Z)X,W \rangle + \langle R(Y,Z)W,X \rangle = 0$, which I can show assuming $\nabla_{\nabla_Y Z}W = \nabla_Y(\nabla_Z W)$ for all $Y,Z,W \in \mathfrak X(M)$ is true.
Question if $\nabla_{\nabla_Y Z}W = \nabla_Y(\nabla_Z W)$ is true: Why is $\nabla_{\nabla_Y Z}W = \nabla_Y(\nabla_Z W)$ true?
Question if $\nabla_{\nabla_Y Z}W = \nabla_Y(\nabla_Z W)$ is false: How else do I approach this?
A:
No, $\nabla_{\nabla_Y Z}W = \nabla_Y(\nabla_Z W)$ is not true in general.
All Tu means is that $\langle R(Y,Z)X,W \rangle$ in (22.5) will cancel with $\langle R(Y,Z)W,X \rangle$ in (22.6), due to the skew-symmetry (Prop 12.5).
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Recently I was presented the question, “How does one improve as a photographer? This question came from a well seasoned photographer and it got me thinking of the things I’ve done in the past. While the things listed below worked for me they may not work for everyone. Which leads me to wonder what do you do to improve as a photographer when you feel you’ve hit a wall?
10 Ways To Improve as a Photographer
Cut off participation on photo critique forums. Over time many of the submitted photos start to emulate each other converging into a common style versus diverging to original work. Begin viewing art web sites more frequently to get inspiration from contemporary artists Begin going to more museums and traveling exhibits to see the work of other artists (not just photographers) Begin looking at and reading classic and contemporary art books Force yourself to use different lenses Intentionally avoided taking the same types of shots by recognizing one’s habits in the field Identify and start personal art projects that you’ll find fulfilling even if they’re unlikely to resonate with others Monitor new technologies (hardware, software or even things out of left field that are unrelated) to see if they might be creatively applied to make something new and never before seen. Take a lot of iPhone photos as a creative white board to see things you might pass over otherwise Ask yourself “What if…?” a lot and try to formulate something new from your basic curiosity.
As I see it this desire to continually improve is healthy and a great sign. I see far too many photographers (well known big names) fall into the habit of trying to reproduce work they had success with many years earlier. Photography is moving at such a fast pace that these older styles and techniques are now easily reproduced by lesser experienced photographers. The result is people losing respect for them or just becoming jaded by them. I wrote about this a bit here in The Subtlety of Greatness and Today’s Loss of Appreciation.
Now more than ever it really takes a lot of skill, self-discipline and motivation to dig deeper and push farther. Great photographers are always pushing the limits and having seen this in my study of photography over the years it has served as a very strong source of motivation.
Personally I can’t help but think if you’re not looking back at your older work and being dissatisfied you’re not growing as a photographer. This is why I run the Best of Photos 20XX blog project. Every year I look back and think I should trash my old photos. It’s not where I want to be. The day I lose that feeling is the day I know I’m done. There should always be new creative horizons to aim for and explore.
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Q:
Return HTTP Status BAD_REQUEST using a custom resolver in Spring
I am developing a REST API using Spring Boot 1.5.15. I have implemented a customer HandlerMethodArgumentResolver to map an HTTP header. In details, I assign the value of the HTTP header Some-Header, removing the prefix "XXX ".
First of all, I defined a custom annotation.
@Retention(RetentionPolicy.RUNTIME)
@Target(ElementType.PARAMETER)
public @interface SomeHeader {
}
Then, I implemented a custom resolver.
public class SomeHeaderArgumentResolver implements HandlerMethodArgumentResolver {
@Override
public boolean supportsParameter(MethodParameter parameter) {
return parameter.getParameterAnnotation(SomeHeader.class) != null;
}
@Override
public Object resolveArgument(MethodParameter parameter,
ModelAndViewContainer mavContainer,
NativeWebRequest webRequest,
WebDataBinderFactory binderFactory) {
HttpServletRequest request = (HttpServletRequest) webRequest.getNativeRequest();
final String headerValue = request.getHeader("Some-Header");
return headerValue.replace("XXX ", "");
}
}
And finally, I made Spring aware of the resolver in a configuration class.
@Configuration
public class WebMvcConfig extends WebMvcConfigurerAdapter {
@Override
public void addArgumentResolvers(List<HandlerMethodArgumentResolver> argumentResolvers) {
argumentResolvers.add(new SomeHeaderArgumentResolver());
}
}
Now, I can use the following mapping in any controller I need.
@PostMapping("/some/paath")
public void someMethod(@SomeHeader String someHeaderValue) {
// Method body...
}
However, Some-Header information is mandatory for me. I want that if it is not present, Spring returns a 400 Bad Request response to the caller. It is the same behaviour I can obtain using the @RequestHeader("Some-Header") annotation.
Can I replicate the same behaviour? Possibly, I don't want to use a dedicated controller advice.
A:
Thanks to the suggestion given by @madhu-bhat, I understand which is the correct class to extend to let Spring doing the magic.
The class RequestHeaderMethodArgumentResolver, used by Spring to resolve HTTP headers values inside Java object, extends the abstract class AbstractNamedValueMethodArgumentResolver. This class let you specify if the header value has some default value, using the createNamedValueInfo method.
So, it follows the code.
public class SomeHeaderArgumentResolver extends AbstractNamedValueMethodArgumentResolver {
@Override
protected NamedValueInfo createNamedValueInfo(MethodParameter parameter) {
// The second parameter specifies if the value is required,
// and the third if there is some default value.
return new NamedValueInfo("", true, null);
}
@Override
protected Object resolveName(String name,
MethodParameter parameter,
NativeWebRequest request) {
final String headerValue = request.getHeader("Some-Value");
if (StringUtils.isEmpty(headerValue)) {
// Returning null tells Spring that there is no value for the parameter
return null;
}
return headerValue.replace("XXX ", "");
}
@Override
public boolean supportsParameter(MethodParameter parameter) {
return (parameter.hasParameterAnnotation(SomeHeader.class) &&
!Map.class.isAssignableFrom(
parameter.nestedIfOptional().getNestedParameterType()));
}
}
The only thing I don't like is that I am using structures developed to handle named values, but I don't have a named value.
Hope it helps.
| 54,534,010
|
Amazon's Hand of God: Season 2 — Trailer
Amazon has released the official trailer for the upcoming second and final season of the gritty judge-turned-vigilante series "Hand of God," starring Sons of Anarchy's Ron Perlman, Desperate Housewives' Dana Delany, The Wire's Andre Royo, and Justified's Garret Dillahunt.
Created by "Burn Notice" writer-producer Ben Watkins, the streaming thriller-drama centers on Pernell Harris (Perlman), a morally corrupt California judge who, after being plagued by spiritual visions (or, perhaps, it's a hallucinatory form of a mental breakdown), develops his own brand of street justice by secretly partnering up with an ex-con psychopath (Dillahunt) to kill in God's name.
The new season, which has added Faye Dunaway to the cast, finds Pernell on trial for murdering a cop.
"Hand of God: Season 2" will premiere Friday, March 10th on Amazon.
synopsis: On trial for murder, Pernell sends KD on an important mission to uncover the identity of a mystery witness against him. Crystal reconnects with family in Stockton. Jocelyn ventures out, Paul and Alicia make a decision about the baby, and Tessie contemplates retirement. As he works to woo Crystal, Pernell discovers he may not be the picture of mental health he’d hoped to present to her.
| 54,534,248
|
2018-03-25T13:00:00+01:002018-03-26T08:00:00+01:00http://london.carpediem.cd/data/afisha/bp/ef/4f/ef4f055c0a.jpgCome and say ‘Wow’ like Owen Wilson at Trafalgar Square! At 1pm we will begin. We will gather among the fountains before the stairs. From 1pm we will begin with some warm up ‘Wows’ and other choice Owen Wilson quotes. At 1.15pm we will all ‘Wow’ in uniso...http://london.carpediem.cd/events6212043-say-wow-like-owen-wilson-at-trafalgar-square-at-trafalgar-square/Say ‘Wow’ like Owen Wilson at Trafalgar SquareTrafalgar Square, SW1Y 5 London, United KingdomTrafalgar Square
Say ‘Wow’ like Owen Wilson at Trafalgar Square
At 1pm we will begin.
We will gather among the fountains before the stairs. From 1pm we will begin with some warm up ‘Wows’ and other choice Owen Wilson quotes.
At 1.15pm we will all ‘Wow’ in unison with your best Owen Wilson impression.
| 54,534,447
|
Even in the easiest of circumstances, such as a fawning softball interview from MSNBC, Joe Biden is staying a mess.
Here's the New York Post staff report on his extended trail of blunders now that he's come out of his bolthole after a long extended absence, beginning with this:
"I suggested we should have people in China at the outset of this event, when it all started, in Luhan Province," Biden told the network, meaning to refer to the city of Wuhan, in Hubei Province, where the virus originated.
So after all this time, he doesn't know that Wuhan is a city in China? No Mister Foreign Policy here, as he plays on TV? And he thinks it's Luhan, and calls it a province? This is a guy who doesn't read much news and is remarkably ignorant of basic world affairs even the seven-year-olds he likes to swim with would know about. You wouldn't make that kind of mistake if you were engaged in the issue. It's pretty obvious Joe is not.
But wait, as Billy Dale says, there's more:
The Democratic front-runner went on to claim that the Trump administration withdrew CDC staffers in the months leading up to the virus outbreak, likely stemming from a Reuters report from last week claiming that the administration slashed CDC staff in China. "We had people in our administration, we had CDC people in other countries because we wanted to anticipate when in fact another virus would occur, when in fact a pandemic might occur as a consequence of a spreading virus in another country, to act quickly. The president withdrew those people," Biden said. The problem, however, is that regardless of staffing cuts, the CDC began offering to send a team of experts to the Chinese province back in early January, according to the New York Times.
Other than the general garble of the statement, this is less gaffe than lie. Apparently, he managed to twist China's refusal to let CDC medical experts into China into Trump pulling out the medical experts. That's a sleazy, shady way of twisting just enough truth to remodel it into a lie, which is what he's doing here. Sound like a guy who can be trusted?
The Post names three more gaffes, mostly stupid stuff about his not knowing the name of a well known drugstore chain — more of that out of touch evidence, which is rather remarkable. Most people who don't know the name of Wuhan city in central China would probably know the name of the local drugstore, such as CVS. Plenty of foreign policy eggheads probably wouldn't. Joe doesn't know, either, signaling that he's simply a complete boob.
There's more. Read the whole thing here.
Image credit: MSNBC YouTube screen shot.
| 54,534,462
|
import { Range, Position, TextDocument, workspace } from 'vscode';
import { JupyterLanguageSetting } from './contracts';
import { EOL } from 'os';
import { EventEmitter } from 'events';
/**
* Language providers
*
* @export
* @interface LanguageProvider
*/
export interface LanguageProvider {
/**
* Returns a Regular Expression used to determine whether a line is a Cell delimiter or not
*
* @type {RegExp}
* @memberOf LanguageProvider
*/
cellIdentifier: RegExp;
/**
* Returns the selected code
* If not implemented, then the currently active line or selected code is taken.
* Can be implemented to ensure valid blocks of code are selected.
* E.g if user selects only the If statement, code can be impelemented to ensure all code within the if statement (block) is returned
* @param {string} selectedCode The selected code as identified by this extension.
* @param {Range} [currentCell] Range of the currently active cell
* @returns {Promise<string>} The code selected. If nothing is to be done, return the parameter value.
*
* @memberOf LanguageProvider
*/
getSelectedCode(selectedCode: string, currentCell?: Range): Promise<string>;
/**
* Gets the first line (position) of executable code within a range
*
* @param {TextDocument} document
* @param {number} startLine
* @param {number} endLine
* @returns {Promise<Position>}
*
* @memberOf LanguageProvider
*/
getFirstLineOfExecutableCode(document: TextDocument, range: Range): Promise<Position>;
}
export class LanguageProviders extends EventEmitter {
constructor() {
super();
}
private static languageProviders: LanguageProviders = new LanguageProviders();
raiseLanguageProvderRegistered(language: string) {
this.emit('onLanguageProviderRegistered', language);
}
public static getInstance(): LanguageProviders {
return LanguageProviders.languageProviders;
}
private static providers: Map<string, LanguageProvider> = new Map<string, LanguageProvider>();
public static registerLanguageProvider(language: string, provider: LanguageProvider) {
if (typeof language !== 'string' || language.length === 0) {
throw new Error(`Argument 'language' is invalid`);
}
if (typeof provider !== 'object' || language === null) {
throw new Error(`Argument 'provider' is invalid`);
}
let languageRegistered = LanguageProviders.providers.has(language);
LanguageProviders.providers.set(language, provider);
if (!languageRegistered) {
LanguageProviders.getInstance().raiseLanguageProvderRegistered(language);
}
}
public static cellIdentifier(language: string): RegExp {
let settings = LanguageProviders.getLanguageSetting(language);
if (settings && settings.cellIdentificationPattern && settings.cellIdentificationPattern.length > 0) {
return new RegExp(settings.cellIdentificationPattern, 'i');
}
return LanguageProviders.providers.has(language) ?
LanguageProviders.providers.get(language).cellIdentifier : null;
}
public static getSelectedCode(language: string, selectedCode: string, currentCell?: Range): Promise<string> {
return LanguageProviders.providers.has(language) ?
LanguageProviders.providers.get(language).getSelectedCode(selectedCode, currentCell) :
Promise.resolve(selectedCode);
}
public static getFirstLineOfExecutableCode(language: string, defaultRange: Range, document: TextDocument, range: Range): Promise<Position> {
return LanguageProviders.providers.has(language) ?
LanguageProviders.providers.get(language).getFirstLineOfExecutableCode(document, range) :
Promise.resolve(defaultRange.start);
}
private static getLanguageSetting(language: string): JupyterLanguageSetting {
let jupyterConfig = workspace.getConfiguration('jupyter');
let langSettings = jupyterConfig.get('languages') as JupyterLanguageSetting[];
let lowerLang = language.toLowerCase();
return langSettings.find(setting => setting.languageId.toLowerCase() === lowerLang);
}
public static getDefaultKernel(language: string): string {
let langSetting = LanguageProviders.getLanguageSetting(language);
return langSetting ? langSetting.defaultKernel : null;
}
public static getStartupCode(language: string): string {
let langSetting = LanguageProviders.getLanguageSetting(language);
if (!langSetting || langSetting.startupCode.length === 0) {
return null;
}
return langSetting.startupCode.join(EOL);
}
}
| 54,534,494
|
Introduction {#Sec1}
============
Head and Neck Squamous Cell Carcinoma (HNSCC) is the sixth most common cancer worldwide, with more than 600000 new cases per year^[@CR1]^. Among these, the oral tongue squamous cell carcinoma (OTSCC) is the most prevalent cancer, with high incidence of metastasis to the lymph nodes of the neck^[@CR2],[@CR3]^ being responsible for a decrease in the overall survival rates by nearly 50%^[@CR4]--[@CR6]^.
Even though considerable research efforts, so far there is as yet no clear consensus about the genetic alterations that underlie nodal metastasis and the metastatic process itself.
As a strategy to identify major patterns of expression, next generation sequencing (NGS) has been used to explore not only the genetic heterogeneity and gene expression of diverse types of cancer, but also those aspects related to tumor progression. In the present work we have examined the applicability of high throughput gene expression analyses as a resource to investigate major alterations in expression patterns of tumor cells as they increasingly acquire a metastatic phenotype. Besides, such an approach can reveal novel biomarkers of OTSCC.
To that end, we used as study model SCC-9 primary tumor (ATCC CRL-1629) as well as 4 cell lines derived previously established by Agostini and collaborators^[@CR7]^: ZsG, SCC9-transduced with a green fluorescent protein; and 3 metastatic cell generations carrying the fluorescent protein. The cells displaying increasing invasive properties were referred to as LN1, LN2 and LN3^[@CR7],[@CR8]^.
Frequently, the differentially expressed genes (DEGs) are selected by either *t*-test or post-test corrections, and subsequent analyses are made based on one of these selections. However, the quality of the results depends on the number of genes analyzed, based on cut-offs of fold change and statistical significance^[@CR9]^. In the present study, we compared the impact of the standard statistics cut-offs on the analyses. In this manner we initially identified the DEGs using the student's *t*-test (*p*-values) and its false discovery rate (FDR) correction (*q*-values). Then, all DEGs were divided according to the standard *p*- and *q*-values, setting the cut-off α = 0.05. DEGs were sorted as protein coding genes (PCG) and non-coding genes (NCG). Using the PCG, we obtained the related KEGG pathways and classified them according to the 8 consensual hallmarks of cancer: (i) auto-sustained proliferative signaling, (ii) ability to evade growth suppressors, (iii) mechanisms to resist cell death, (iv) enabling of replicative immortality, (v) angiogenesis induction, (vi) invasion and metastasis capacity, (vii) shift of energy metabolism, and (viii) evasion of immune destruction^[@CR10]^. We found 71 KEGG pathways related to other cancer types and chronic diseases. Based on the assumption that individual genes may take part in more than one pathway, the approach involving the hallmarks allowed us acknowledged alternative functions for each gene considered.
Furthermore, in undertaking to extend the observations pertaining to the individual contributions (absolute and relative) to invasion and metastasis, of genes sorted according to the hallmarks of cancer and including the two extra classes proposed by us, we matched the KEGG pathways associated to each hallmark against the 77 KEGG pathways of the invasion and metastasis category.
The results indicated that the PCGs of DEGs involved in angiogenesis and immune destruction evasion displayed the highest contribution to metastasis in OTSCC for both *p*- and *q*-values data. In contrast, PCGs related to energy metabolism and other cancer types represented less the relative contributions to invasiveness. Energy metabolism was the second hallmark with highest number of shared genes with invasion and metastasis, while evading immune destruction was the first. The hallmark "other cancer types" had the lowest contributions to progression towards metastasis for both *p*- and *q-*values data. The results highlighted a strong correlation between the data analyses of uncorrected (Student's *t*--test \[*p*-values\]) or corrected (FDR \[*q-*values\]) and their patterns of contributions to invasiveness.
The comparative analyses were applied to all the 11 types of gene regulation that DEGs possibly display, referred as clusters of gene expression (CoGE): (i) exclusive to parental cell line, (ii) exclusive to derived cell line, (iii) continuum (similar expression values), (iv) exclusive down regulated in parental cell line, (v) exclusive up regulated in parental cell line, (vi) exclusive down regulated in derived cell line, (vii) exclusive up regulated in derived cell line, (viii) common down regulated, (ix) common up regulated, (x) common down regulated in parental and up regulated in derived cell lines and (xi) common up regulated in parental and down regulated in derived cell lines. By comparing those clusters, we found 26 DEGs sequentially altered in the OTSCC model. Of these, 15 were down regulated; 1 was up regulated and 10 displayed only slight modifications of expression (continuum). Also, CoGE analyses showed differences between proliferation, metabolism and the mechanisms related to promotion of the metastatic process. This set of 26 genes may constitute biomarkers of OTSCC metastasis.
Results {#Sec2}
=======
The total amount of partial RNA sequences exceeded 100 million reads with 50--250 bp for each lineage. The experimental design, number of reads and number of human genes mapped are shown in Supplementary Table [1](#MOESM2){ref-type="media"}.
Tongue cancer differentially expressed genes represent almost all of the reported human KEGG pathways {#Sec3}
-----------------------------------------------------------------------------------------------------
In order to understand main changes on gene expression along with the metastatic OTSCC progression we used the software Cufflinks to map the reads of the known human genes. The relative abundance metric parameter FPKM (Fragments Per Kilobase of exon per Million reads sequenced) was used to represent the value of gene expression on each dataset analyzed. To detect DEGs, we applied the Student's *t*-test (*p*-values), and then, the FDR correction (*q*-values). The quality of the results depends on the amount of genes analyzed, which in turn is based on cut-offs and statistical significance^[@CR9]^. This justified the use of both data, *p-* and *q-*values. We compared the expression of genes between the parental *versus* its derived cell line. Regarding the *p*-value, 9169 DEGs were found between SCC9 *vs*. ZsG; 11597 between ZsG *vs*. LN1, 5011 between LN1 *vs*. LN2, and 8572 between LN2 *vs*. LN3. Regarding the *q*-values, 6728 DEGs were found between SCC9 *vs*. ZsG; 9874 between ZsG *vs*. LN1, 284 between LN1 *vs*. LN2 and 5579 between LN2 *vs*. LN3 (Supplementary Table [2](#MOESM3){ref-type="media"}). Hereafter, only the identified DEGs will be discussed.
Expression ratios were obtained between parental and derived cell lines. Based on that, a ranking of all DEGs was produced (Supplementary Table [3](#MOESM4){ref-type="media"}). SCC9 cell line was used as the reference for ZsG transformed cells, however the following comparisons of transformed cell lines (TCLs) (ZsG *vs*. LN1, LN1 *vs*. LN2 and LN2 *vs*. LN3) will be discussed. Down and up regulated genes were identified for each comparison (Fig. [1A](#Fig1){ref-type="fig"}), and by matching those differentially expressed genes, we could classify them into 11-different clusters of gene expression (CoGE). These strategy allowed the identification of regulatory patterns among parental-derived changes on gene expression: (i) exclusive parental genes (FPKM \> 0 in parental cell line and FPKM = 0 in derived cell line); (ii) exclusive derived genes (FPKM \> 0 in derived cell line and FPKM = 0 in parental cell line); (iii) continuum (referring to those genes whose expression did not change significantly between parental and derived cell line displaying FPKM ratio 0.8 ≥ x ≥ 1.2. Differences of 0.1 are common even in technical replicates, but differences of 0.3 are considered as significant variations. With that in mind, the value of 1 ± 0.2 was set as the limit for the continuum cluster. A similar approach was used for human neoplasms^[@CR11]^); (iv) exclusive parental down regulated (FPKM ratio \< 0.8); (v) exclusive parental up regulated (FPKM ratio \> 1,2); (vi) exclusive derived down regulated (FPKM ratio \< 0.8); (vii) exclusive derived up regulated (FPKM ratio \> 1.2); (viii) common down regulated; (ix) common up regulated; (x) common parental down regulated and derived up regulated; and (xi) common parental up regulated and derived down regulated (Table [1](#Tab1){ref-type="table"} and Fig. [1B](#Fig1){ref-type="fig"}).Figure 1Regulation of the differentially expressed genes. (**A**) Exclusive, down regulated, continuum and up regulated for *p-* and *q-* values. (**B**) Clusters of gene expression after comparison of the regulated genes from parental and its derived cell lines. In white, DEGs without regulation of expression (exclusive to parental or to derived cell lines and continuum), in blue, down regulated DEGs and in red, up regulated DEGs; light purple, intersections between down regulated and up regulates DEGs.Table 1Number of protein coding genes (PCG), KEGG pathways (Path) and non-coding genes (NCG) differentially expressed for each cluster of gene expression between parent-derived cell lines of tongue metastatic progression, for *p-* and *q-*values.Differentially expressed genes*p*-values*q*-valuesZsG vs. LN1LN1 vs. LN2LN2 vs. LN3ZsG vs. LN1LN1 vs. LN2LN2 vs. LN3PCGPathNCGPCGPathNCGPCGPathNCGPCGPathNCGPCGPathNCGPCGPathNCGExclusive parental1620453928351671023000123Exclusive derived7124671589124651116000114Continuum6652525140125123981916466241230006100Exclusive parental DW236229191999284767340226171213227116110828459734985Exclusive parental UP27323319910282755416813612124521910013372784623120Exclusive derived DW47926850440023616355226628547726039917501521259167Exclusive derived UP7572574207113011611302787597512603353701119277474Common DW7013019148179431461901860123111627225723Common UP411231357129162973826109811501360Common parental DW derived UP724265242459254494247142619261127411122532Common parental UP derived DW645268341434242123761395759626719048124712452
Using STRING^[@CR12]^, we further categorized the DEGs for both *p*-values and *q*-values into protein coding genes (PCG) (Supplementary Tables [4A](#MOESM6){ref-type="media"} and [4B](#MOESM7){ref-type="media"}, *p-* and *q*-values, respectively) and non-coding genes (NCG), (Supplementary Tables [5A](#MOESM8){ref-type="media"} and [5B](#MOESM9){ref-type="media"}, *p-* and *q*-values, respectively). Also, STRING allowed the enrichment of the interactome of all differentially expressed PCG with KEGG pathways by assigning the molecular or biochemical pathways related to them (Table [1](#Tab1){ref-type="table"} and Supplementary Table [6](#MOESM10){ref-type="media"}). Supplementary Tables [6A](#MOESM10){ref-type="media"} (*p-* values) and [6B](#MOESM11){ref-type="media"} (*q-* values) show the KEGG pathways and genes related to each hallmark of cancer, related to each CoGE.
Table [1](#Tab1){ref-type="table"} reveals that there was no correlation between the number of PCG and KEGG pathways, for both *p-* and *q-*values. Concerning the KEGG pathways, the highest was 284 (corresponding to LN1 vs. LN2, exclusive parental down regulated, for both *p-* and *q-*values). This observation raised the question of how many KEGG pathways are related to the cDNA of the human genome. Using all the 35238 annotated genes, we followed the same procedures, obtaining 292 KEGG pathways related to 7858 PCG (Supplementary Table [6C](#MOESM12){ref-type="media"}). With this approach almost all the pathways related to the human genome were included in our analysis. However, two of these were not detected: D-arginine and D-ornithine metabolism, and fatty acid elongation in mitochondria. The same strategy was applied to all 3717 DEGs found in our analyses of *q-*values (Supplementary Table [6D](#MOESM13){ref-type="media"}).
KEGG pathways and protein-coding genes related to 'Energetic metabolism' and 'Invasion and metastasis' hallmarks were the most represented {#Sec4}
------------------------------------------------------------------------------------------------------------------------------------------
All 292 KEGG pathways of the human genome were distributed according to the 8 hallmarks of cancer: (i) auto-sustained proliferative signaling, (ii) ability to evade growth suppressors, (iii) mechanisms to resist cell death, (iv) enable replicative immortality, (v) angiogenesis induction, (vi) invasion and metastasis capacity, (vii) shift of energy metabolism and (viii) evasion of immune destruction^[@CR10]^, using the PubMed database by manual curation. Because (ix) other cancer types and (x) chronic diseases we related to 71 KEGG pathways, these were added to the 8 hallmarks of cancer. Energy metabolism was the hallmark with the highest number of KEGG pathways (123), followed by invasion and metastasis (77), chronic diseases (52), proliferative signaling (39), resisting cell death and evading immune destruction (37), angiogenesis (24), evading growth suppressors (22), other cancer types (21) and replicative immortality (18).
The characteristic chosen to compare all other hallmarks was invasion and metastasis. Of the 77 KEGG pathways related to invasion and metastasis, 25 were shared with energy metabolism, 22 with immune destruction evasion, 18 with proliferative signaling, 13 with cell death resistance and angiogenesis, 11 with growth suppression evasion and 3 with replicative immortality. Also, other cancer types and chronic diseases pathways were compared to those belonging to the invasion and metastasis hallmark. We found 1 and 0 shared pathways respectively, as depicted in Fig. [2A](#Fig2){ref-type="fig"}, upper left panel.Figure 2Contributions of each hallmark of cancer to invasion and metastasis, based on the KEGG pathways from protein coding genes. The intersections show the number of KEGG pathways (upper left panels) or genes (upper right panels). (**A**) All 292 KEGG pathways of the human genome (upper left panel) or genes related to 35238 human cDNAs annotated in Ensemble (upper right panel) and the distribution of the differentially expressed genes in all-3 comparisons of transformed cell lines (bottom panels, ZsG *vs*. LN1 left, LN1 *vs*. LN2 middle and LN2 *vs*. LN3 right), for *p-*values; (**B**) all 292 KEGG pathways of the human genome (upper left panel) or related to 3717 differentially expressed genes after FDR correction found in this study (upper right panel) and the distribution of the differentially expressed genes in all 3 comparisons of transformed cell lines (bottom panels, ZsG *vs*. LN1 left, LN1 *vs*. LN2 middle and LN2 *vs*. LN3 right) for *q-*values. In upper left panels were highlighted (in red) the changes of the number of KEGG pathways found in the transformed cell lines comparisons.
When the same comparison was carried out for *p-*values, a similar distribution was found except for an exclusive pathway of energy metabolism: 97 out of 98, when LN2 and LN3 were compared (Fig. [2A](#Fig2){ref-type="fig"}, upper panel, in red). For *q*-values, 23 of 24 exclusive pathways were assigned to the category of resistance to cell death when LN2 and LN3 were compared. There was a decrease in energy metabolism exclusive pathways, for the comparisons LN1 *vs*. LN2 (97 out of 98) and LN2 *vs*. LN3 (95 out of 98); and 51 out of 52 chronic diseases pathways when LN2 *vs*. LN3 were compared (Fig. [2B](#Fig2){ref-type="fig"}, upper panel, in red).
In order to evaluate the absolute contributions of the genes associated to invasion and metastasis, the same approach was followed, using the related DEGs of each KEGG pathway identified by STRING. First, we compared all 35238 human genes against invasion and metastasis. The highest number of PCG was related to invasion and metastasis (3712) in which 1542 were shared with evasion of immune destruction followed by 1536 with energy metabolism, 1310 with proliferative signaling, 1126 with resistance to cell death, 1081 with angiogenesis, 1028 with chronic diseases, 854 with evading growth suppressors, 590 with replicative immortality and 460 with other cancer types, with which it shared only one KEGG pathway (Fig. [2A](#Fig2){ref-type="fig"}, upper right panel).
We used the same approach for *p-*values, finding for ZsG *vs*. LN1, 2206 DEGs related to invasion and metastasis. For LN1 *vs*. LN2, there were 2026 DEGs and for LN2 *vs*. LN3, 1745 DEGs (Fig. [2A](#Fig2){ref-type="fig"}, bottom panels right, middle and left, respectively). All 3 TCLs comparisons displayed the same pattern of contributions to invasion and metastasis.
The same analyses were carried out for *q*-values. For that we used all 3717 DEGs found in our outcomes. The results are shown in Fig. [2B](#Fig2){ref-type="fig"}. The left upper panel displays the DEGs related to KEGG pathways and the upper right panel displays the DEGs associated to each hallmark of cancer. Of those, 2187 DEGs were related to invasion and metastasis. The related DEGs to invasion and metastasis are shown in Fig. [2B](#Fig2){ref-type="fig"}, where ZsG *vs*. LN1 displayed 1977, LN1 *vs*. LN2 1.511, and LN2 *vs*. LN3, 1030 (bottom panels, right, middle and left, respectively).
'Angiogenesis' and 'Evading immune destruction' are the main hallmarks related to metastasis {#Sec5}
--------------------------------------------------------------------------------------------
Next we enquired the relative DEGs contributions of the hallmarks to invasion and metastasis. Accordingly, we compared all DEGs of each hallmark against those of invasion and metastasis, and looked for gene redundancy. This was carried out by matching each of the 11-CoGE to each of the 8 + 2 hallmarks of cancer. Panels 1 and 3 depicted in Table [2](#Tab2){ref-type="table"} (*p*- and *q*-values, respectively) contain the gene number of each CoGE related to each 8 + 2 hallmarks. See also Supplementary Tables [7A](#MOESM14){ref-type="media"} (*p*-values) and 7B (*q*-values), which show the KEGG pathways and their related gene IDs for each CoGE. In addition, panels 2 and 4 of Table [2](#Tab2){ref-type="table"} show the percentage contributions of each hallmark to invasion and metastasis, distributed into each CoGE. This information allowed us to recognize which hallmark was the closest to the invasive process. The number of genes for each hallmark is described in section 2.Table 2Number of differentially expressed genes (DEGs) for each comparison between the transformed cell lines in 11-clusters of gene expression into the 8 + 2 hallmarks of cancer (panels 1 and 3) and percentages of the genetic contribution of each hallmark of cancer to the invasion and metastasis process (panels 2 and 4).Clusters of gene expression*p*-values*q*-values\# of genes% of contribution\# of genes% of contributionZsG vs. LN1LN1 vs. LN2LN2 vs. LN3ZsG vs. LN1LN1 vs. LN2LN2 vs. LN3ZsG vs. LN1LN1 vs. LN2LN2 vs. LN3ZsG vs. LN1LN1 vs. LN2LN2 vs. LN3**Invasion and metastasis**Exclusive Parental931100,0100,0100,0400100,0100,0100,0Exclusive Derived356100,0100,0100,0300100,0100,0100,0Continuum38125260100,0100,0100,026902100,0100,0100,0Exclusive Parental DW144541209100,0100,0100,013559623100,0100,0100,0Exclusive Parental UP14965843100,0100,0100,01318503100,0100,0100,0Exclusive Derived DW253235343100,0100,0100,02558323100,0100,0100,0Exclusive Derived UP50042645100,0100,0100,04941638100,0100,0100,0Common DW427686100,0100,0100,033812100,0100,0100,0Common UP243720100,0100,0100,01591100,0100,0100,0Common Parental DW Derived UP45328300100,0100,0100,0378418100,0100,0100,0Common Parental UP Derived DW34328744100,0100,0100,03193510100,0100,0100,0**Proliferative signaling**Exclusive Parental210100,0100,00,0200100,00,00,0Exclusive Derived1230,0100,0100,01000,00,00,0Continuum1851252370,875,278,31340172,40,00,0Exclusive Parental DW8523611087,169,170,0772651587,067,273,3Exclusive Parental UP903672367,873,082,677514268,874,1100,0Exclusive Derived DW11512520771,364,875,8114820270,262,577,7Exclusive Derived UP2922332971,687,069,6302134772,20,067,4Common DW26396673,153,868,22261272,750,058,3Common UP17251364,788,076,9147164,3100,0100,0Common Parental DW Derived UP2671716178,376,565,222721278,0100,091,7Common Parental UP Derived DW1491812963,174,089,713926763,373,185,7**Evading growth suppressors**Exclusive Parental0200,0100,00,00000,00,00,0Exclusive Derived103100,00,0100,0100100,00,00,0Continuum143981974,876,573,71010176,20,00,0Exclusive Parental DW631608992,176,973,0541791090,776,080,0Exclusive Parental UP702661664,371,887,560378165,073,3100,0Exclusive Derived DW859715475,367,074,786614377,966,777,6Exclusive Derived UP2221523071,286,772,2231124071,90,069,2Common DW15234373,356,572,1134769,250,071,4Common UP1218858,394,487,5104060,0100,00,0Common Parental DW Derived UP1821011478,080,064,915811078,5100,090,0Common Parental UP Derived DW901361973,375,089,58617574,482,480,0**Resisting cell death**Exclusive Parental0300,0100,00,00000,00,00,0Exclusive Derived122100,050,0100,0100100,00,00,0Continuum2321372867,270,175,01640068,30,00,0Exclusive Parental DW6523611578,564,476,5672641271,663,358,3Exclusive Parental UP1033041657,372,493,894436155,375,0100,0Exclusive Derived DW11115717763,166,274,6109716364,242,975,5Exclusive Derived UP2401333176,7100,064,7260135776,2100,060,8Common DW20334070,057,685,0162762,5100,071,4Common UP1723870,673,975,0113072,7100,00,0Common Parental DW Derived UP214918872,466,762,81811473,5100,075,0Common Parental UP Derived DW1511642162,376,871,414314463,671,4100,0**Replicative immortality**Exclusive Parental0000,00,00,00000,00,00,0Exclusive Derived0010,00,0100,00000,00,00,0Continuum136851758,163,570,6950158,90,00,0Exclusive Parental DW431906381,457,961,938212673,757,583,3Exclusive Parental UP681991147,160,872,759278144,160,8100,0Exclusive Derived DW908310155,651,869,39439757,433,372,2Exclusive Derived UP1701023358,270,053,6246123556,90,051,1Common DW9192755,652,677,8101450,0100,050,0Common UP1111963,681,877,892044,4100,00,0Common Parental DW Derived UP1231010465,960,046,21140667,50,0100,0Common Parental UP Derived DW117981158,159,263,611012259,183,350,0**Energy metabolism**Exclusive Parental40225,00,00,020150,00,00,0Exclusive Derived33233,366,750,030033,30,00,0Continuum3382005651,258,053,62320551,30,020,0Exclusive Parental DW12062614759,248,754,41156742260,047,959,1Exclusive Parental UP1375582948,261,569,0121701147,160,1100,0Exclusive Derived DW29118329447,849,758,22991327549,238,556,7Exclusive Derived UP3743163864,458,153,0359161264,60,053,6Common DW30617556,736,149,32741051,90,020,0Common UP24291358,362,169,2174147,1100,00,0Common Parental DW Derived UP3792222159,450,056,132511155,1100,072,7Common Parental UP Derived DW3862033946,164,046,235826445,361,5100,0**Other cancer types**Exclusive Parental20050,00,050,01000,00,00,0Exclusive Derived2020,00,00,00000,00,00,0Continuum85652061,269,268,0680064,70,00,0Exclusive Parental DW321004368,861,073,727115670,459,1100,0Exclusive Parental UP301801060,071,766,726253257,770,8100,0Exclusive Derived DW47528863,857,766,74719363,8100,073,1Exclusive Derived UP148913774,355,675,8152015877,00,058,2Common DW15152473,340,064,7121250,00,050,0Common UP69233,377,842,972057,1100,00,0Common Parental DW Derived UP12757160,680,062,21080619,40,083,3Common Parental UP Derived DW6194850,869,154,35812056,983,30,0**Chronic diseases**Exclusive Parental41075,0100,00,0300100,00,00,0Exclusive Derived112100,0100,050,0101100,00,00,0Continuum1721282765,168,859,31300065,40,00,0Exclusive Parental DW982458067,350,675,088268673,950,483,3Exclusive Parental UP873532362,170,360,984456058,371,90,0Exclusive Derived DW11510017653,074,070,5114317250,9100,072,1Exclusive Derived UP2492934375,158,658,3258133176,00,063,1Common DW24324762,553,172,3205760,020,028,6Common UP1520966,780,066,7104170,075,00,0Common Parental DW Derived UP2391313369,961,571,42032667,5100,0100,0Common Parental UP Derived DW1511332947,075,972,414211648,672,783,3**Angiogenesis**Exclusive Parental220100,0100,00,0200100,00,00,0Exclusive Derived130100,0100,00,0100100,00,00,0Continuum118811982,287,789,5840182,10,00,0Exclusive Parental DW711786188,773,083,667189892,575,1100,0Exclusive Parental UP432972086,085,2100,040387382,585,3100,0Exclusive Derived DW935716977,491,285,288516273,9100,087,7Exclusive Derived UP2101823383,894,478,1213223485,450,082,1Common DW24214591,790,586,7204790,075,085,7Common UP12241375,091,792,389375,088,933,3Common Parental DW Derived UP219129487,2100,090,41882786,2100,0100,0Common Parental UP Derived DW951222171,686,195,28413772,692,3100,0**Evading immune destruction**Exclusive Parental23050,0100,00,01000,00,00,0Exclusive Derived222100,0100,0100,0200100,00,00,0Continuum2111373280,685,496,91520082,20,00,0Exclusive Parental DW9230112287,086,075,486330787,283,085,7Exclusive Parental UP834042179,589,681,075533181,389,3100,0Exclusive Derived DW15711421980,982,589,0150421582,075,087,4Exclusive Derived UP2872736890,981,586,7284233689,850,087,8Common DW20435590,067,494,5151686,7100,0100,0Common UP1526986,788,5100,096288,9100,050,0Common Parental DW Derived UP2831313588,776,985,92432988,5100,088,9Common Parental UP Derived DW1851653584,389,182,917317783,888,2100,0DW: down regulated; UP: up regulated, for Clusters of Gene Expression.
Summary of cell line comparisons:
### ZsG *vs*. LN1 {#Sec6}
The exclusive LN1 up regulated CoGE within the invasion and metastasis hallmark displayed the highest number of DEGs (500 for *p-*values and 494 for *q*-values). The lowest number of DEGs was related to other cancer types and replicative immortality. The hallmarks with highest contributions to invasion and metastasis were angiogenesis, evasion of immune destruction and evasion of growth suppressors, whereas the lowest contributions were energy metabolism and other cancer types. Results suggested that ZsG cells displayed the highest proliferative capacity and resembled "neurodegenerative diseases" more closely than LN1 cells. In contrast, LN1 cells were matched to other cancer types besides having a different cytoskeleton regulation and interactions with the extracellular matrix (ECM) than ZsG cells (Supplementary Tables [7A](#MOESM14){ref-type="media"} and [7B](#MOESM15){ref-type="media"} and Table [2](#Tab2){ref-type="table"}).
### LN1 *vs*. LN2 {#Sec7}
The CoGE displaying the highest number of DEGs was exclusive in LN1 up regulated concerning the invasion and metastasis hallmark for both *p-* and *q-*values, represented by 658 and 850 genes, respectively. The lowest numbers of DEGs were related to other cancer types and replicative immortality, displaying some CoGE without DEGs. The highest hallmarks contributions were evading immune destruction, angiogenesis, proliferative signaling and resisting cell death, while the lowest corresponded to energy metabolism and other cancer types. We concluded based on the KEGG pathways of each CoGE, that both LN1 and LN2 cell lines had features associated with the invasive process although resorting to different mechanisms, in which LN1 cells used inflammatory and proliferative processes to become invasive, whereas LN2 cells relied on strategies to become refractory to the immune system (Supplementary Tables [7A](#MOESM14){ref-type="media"} and [7B](#MOESM15){ref-type="media"} and Table [2](#Tab2){ref-type="table"}).
### LN2 *vs*. LN3 {#Sec8}
The CoGE exclusive LN3 up regulated displayed the highest number of DEGs for *p*-values (645) and *q-*values (638). The lowest numbers of DEGs were related to other cancer types and replicative immortality, with some CoGE without DEGs. Following invasion and metastasis, the hallmarks most represented were evading immune destruction, angiogenesis, evading growth suppressors and proliferative signaling in that order. Those with the least contributions were energy metabolism and other cancer types. Based on the KEGG pathways for each CoGE, we suggest that LN2 cells, rather than LN3 cells, showed a remarkable similarity to other cancer types, while the LN3 cell line was closer to high invasive capacity through angiogenesis stimulation and ability to avoid the immune system (Supplementary Tables [7A](#MOESM14){ref-type="media"} and [7B](#MOESM15){ref-type="media"} and Table [2](#Tab2){ref-type="table"}).
In order to identify the global contributions of each hallmark of cancer to invasion and metastasis, we obtained the mean of percentages of 11-CoGE and ranked them accordingly (Fig. [3](#Fig3){ref-type="fig"}). We found that the processes most closely related to invasion and metastasis were angiogenesis, evading immune destruction, evading growth suppressors and proliferative signaling, with genetic contributions from more than 68% for *p-*values and almost 48% for *q-*values. Energy metabolism and other cancer types were less relevant, with contributions of almost 50% and 37% of their DEGs (*p-* and *q*-values comparisons, respectively) (Table [2](#Tab2){ref-type="table"}).Figure 3Individual contributions and percentages, (in parenthesis), of each hallmark to the invasive process. The total percentages are the mean of the 11-percentages of the clusters of gene expression (CoGE) for each hallmark, for (**A**) *p-*values, and (**B**) *q-*values.
MYH14, ANGPTL4, ENPP1 and PPARD are possible OTSCC biomarkers and potential targets for interference studies {#Sec9}
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Next we looked for specific genes in our model trying to pinpoint novel OTSCC or metastasis biomarkers. Accordingly, we checked 11-CoGE of each cell line comparison, finding 26 common DEGs displaying the same type of regulation (Table [3](#Tab3){ref-type="table"}) along with the OTSCC model of increasing metastatic potential. They were sorted as 15-downregulated, 10-continuum and 1 up regulated. These genes were classified using Panther^®^ software to analyze whether they were eligible as biomarkers for OTSCC and/or for metastasis.Table 3Common DEGs displaying altered expression and their regulation into our invasive progression model of tongue cancer and their FPKM expression mean for each cell line.GENE IDZsGLN1LN2LN3**Common Down Reguated**MYH140,49720,21820,05340,0069**RSAD228,357520,91648,35881,1869**SLC28A30,72010,31870,16720,0511LIPH1,47040,8960,57480,0333GJA53,92140,73770,27560,1825FGD30,88970,44760,11450,0305**VGLL15,10192,03410,63280,0501**RAB171,48721,08230,69310,1211PLXDC20,52150,13560,01630,001NMU46,435534,358325,92693,6182**SCEL2,70071,44390,47080,0844**SCNN1A60,935635,369620,69394,5639UNC5B4,24873,1892,30560,2049**ANGPTL425,946211,43377,79075,4245**CXADR2,04631,60110,98810,5827**Continuum**DAPK327,886823,445119,056622,2199STX615,436513,65411,44199,341CHMP620,077518,255815,610518,5514SRPRB33,172330,433625,650529,8296DIABLO30,599432,387828,207133,1907PIGG13,741615,182612,933814,9107TMED2195,729217,1806178,7479213,2503TRPC4AP30,914836,427430,178335,0563**PPARD11,714813,826911,782410,1059**SLC8B114,868415,55712,978110,6452**Common Up RegulatedENPP11,12461,44892,08855,2621**The remarked genes were selected to validate by real time PCR.
First, we concentrated on the 15-downregulated genes, and found that only angiopoitein related protein 4 (ANGPTL4) was associated to biological adhesion acting as a signaling molecule. Amiloride-sensitive sodium channel subunit alpha (SCNN1A) and Ras-related protein Rab-17 (RAB17) participate in biological regulation. Myosin 14 (MYH14), which acts as G-protein modulator by way of the actin binding motor protein and as a cell junction protein, as well as RAB17, are related to cellular component organization and biogenesis. Regarding cellular processes, six genes, solute carrier family 28 member 3 (SLC28A3), gap-junction alpha-5 protein (GJA5), netrin receptor UNC5B (UNC5B), ANGPTL4, MYH14, and RAB17 were detected. Five genes were associated to developmental processes, namely ANGPTL4, MYH14, UNC5B, transcription cofactor vestigial-like protein 1 (VGLL1) and FYVE, RhoGEF and PH domain-containing protein 3 (FGD3), which acts as guanyl-nucleotide exchange factor. Four genes were related to cellular localization, SCNN1A, SLC28A3, MYH14 and RAB17. Concerning metabolic processes, we detected lipase member H (LIPH), which acts as esterase, phospholipase and storage protein. Two genes were related to multicellular organismal process, SCNN1A and MYH14. LIPH was associated to cell proliferation and motility. Within the group of 15-downregulated genes, ANGPTL4 is a classical biomarker for metastasis. Five genes were not found in the Panther database. Therefore, we used Gene Ontology to find out their biological functions. Two of them had receptor functions, plexin domain containing 2 (PLXDC2) and neuromedin U (NMU), that acts as neuromedin U receptor binding. Other two genes with binding properties, radical S-adenosyl methionine domain containing 2 (RSAD2) acting as a self-association protein and as iron-sulfur cluster binding, and coxsackie virus and adenovirus receptor (CXADR) identical protein binding and integrin binding. Finally, sciellin (SCEL) takes part in the assembly or regulation of proteins in the cornified envelope.
The single up regulated gene, ENPP1, was classified as part of the metabolic process, being a nucleotide phosphatase and pyrophosphatase enzyme.
Inspection of the ten continuum genes revealed one gene related to cellular component organization or biogenesis, syntaxin-6 (STX6), which acts as a SNARE protein. Four genes were related to cellular processes, signal recognition particle receptor subunit beta (SRPRB), peroxisome proliferator-activated receptor delta (PPARD), GPI ethanolamine phosphate transferase 2 (PIGG) and STX6. Four genes were classified within the localization group: charged multivesicular body protein 6 (CHMP6) that acts as transfer/carrier protein; transmembrane emp24 domain containing protein 2 (TMED2), which acts as transfer/carrier protein and as vesicle coat protein; SRPRB and STX6. Also, 2 genes related to metabolic process, PPARD and PIGG were found. Only one gene was related to multicellular organismal process, PPARD, a member of the proliferator-activated receptor family PPAR involved in the development of several chronic diseases. Four genes were not found in the Panther database, so we used Gene Ontology to search for their biological functions. Two were related to cell death, death associated protein kinase 3 (DAPK3), which displays protein homodimerization activity and transferase activity of phosphorus-containing groups; and second mitochondria-derived activator of caspase (SMAC/DIABLO), which activates caspases by binding to inhibitor of apoptosis proteins. Two genes were related to transport functions, sodium/potassium/calcium exchanger 6 mitochondrial (SLC8B1) acting as a cation transporter, and transient receptor potential cation channel subfamily C member 4 associated protein (TRPC4AP), related to phosphatase binding.
To better understand the relationship between the above 26 highlighted genes, we investigated whether they interacted with each other using STRING. Four genes RAB17, FGD3 (down regulated), STX6 and CHMP6 (continuum) (Fig. [4](#Fig4){ref-type="fig"}) were found to be linked.Figure 4Interactome showing the contributions of the 26-common DEGs displaying altered expression of the metastatic model of OTSSC to the consensual biomarkers associated to epithelial-mesenchymal transition. Highlighted circles represent the common DEGs displaying altered-expression detected in our transcriptome analysis. Highlighted circles in blue are down regulated genes, purple, continuum genes and red, up regulated genes.
Based on the most common biomarkers of squamous cell carcinoma reviewed by Scanlon *et al*.^[@CR13]^, we selected all the expressed genes related to epithelial-mesenchymal transition (EMT) in our OTSCC model (Supplementary Table [S7](#MOESM1){ref-type="media"}). In order to understand the relationship between those genes, we used STRING, which displayed 5 sub-clusters, grouping as (i) cadherins, (ii) laminins, collagen and integrins, (iii) integrins and laminins, and two clusters of collagen (iv, v) (Fig. [4](#Fig4){ref-type="fig"}). Interestingly, when we analyzed those genes grouping with our list of 26 highlighted genes, we found that the up regulated gene ENPP1 clustered with a collagen sub-cluster; ANGPTL4, a down regulated gene grouped with the integrins of a sub-cluster of laminins and integrins. MYH14, another down regulated gene, grouped with the sub-cluster of cadherins. Finally, PPARD, a gene of the continuum group, clustered with fibronectin and the sub-cluster of laminins, also exhibited higher affinity for the transcription factors SNAIL1 and SNAIL2, TWIST and LEF1, the most important transcription factors of the EMT of HNSCC^[@CR13]^. Therefore, those 4 genes stand out as potential targets for oral cancer therapy.
To validate some of the common DEGs displaying altered expression, we selected 4-down regulated, 1-continuum and 1-up regulated genes (Table [3](#Tab3){ref-type="table"}, highlighted genes). We carried out RT-PCR and plotted the results relative to Ct (threshold cycle), as well as to the transcriptomic data (FPKM) (Fig. [5](#Fig5){ref-type="fig"}). The results showed that down regulated genes enhance their Ct values along with the metastatic progression. This means that less aggressive cells display higher expression, whereas the most aggressive stages exhibited a lower degree of expression; in contrast, up regulated gene ENPP1 displayed a continuum pattern, as well as PPARD, a continuum gene.Figure 5Expression profiles of the selected common DEGs displaying altered-expression for each cell line, of 3 independent experiments. (**A**) RT-PCR data and (**B**) FPKM data. Turkey's multiple comparisons test, \*\*\*\*p \< 0.0001; \*\*\*p \< 0.001; \*\*p \< 0.01; \*p \< 0.05.
Clinical data is consistent with our 4 potential therapeutic targets expression {#Sec10}
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In order to highlight the expression of these 4 potential therapeutic genes in patients of head and neck cancer, data from The Cancer Genome Atlas (TCGA, <https://cancergenome.nih.gov/>) of 248 clinical tumors were used to support our observations. In this regard, we analyzed the 4 genes proposed as possible molecular targets (ANGPTL4, MYH14, PPARD and ENPP1, Fig. [6](#Fig6){ref-type="fig"}, red lines) in terms of levels of gene expression: low, continuum and high. Considering that metastasis is the major factor in cancer lethality, we found a remarkable correlation between up and down regulation of selected genes and the survival rate of cancer patients. Low expression of genes ANGPTL4 and MYH14 correlates with high lethality (Fig. [6A and B](#Fig6){ref-type="fig"}, in red). Nevertheless, the up regulation of gene ENPP1 correlates with high lethality as shown in Fig. [6C](#Fig6){ref-type="fig"}, in red. In addition, gene PPARD whose expression did not change (continuum) appears to have no correlation with the survival rate plots (Fig. [6D](#Fig6){ref-type="fig"}, in red).Figure 6Clinical data of head and neck cancer from TCGA (n = 248), relative to proposed molecular targets. Low expression of (**A**) MYH14 and (**B**) ANGPTL4 (red line) and high expression (black line); (**C**) low and high expression (red lines) of PPARD; and high (red line) and low expression (black line) of ENPP1, in alive patients. Dotted gray lines represent gene expression of dead patients.
Discussion {#Sec11}
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Here, we sequenced and analyzed the transcriptomic data of 5 cell lines of OTSCC, characterized by their progressively increasing invasive capacity. The sequencing was made for 3 independent experiments for each cell line. Similar studies^[@CR14],[@CR15]^ have reported 21000 expressed genes. In our screening we found 28000 genes. The significant difference may be ascribed to the approach employed in the present work, namely pooling together seven data sets obtained from the biological and technical replicates (Supplementary Table [1](#MOESM2){ref-type="media"}). One way to validate the consistency of our datasets was to rank the genes according to the level of expression (FPKM) and to compare whether the top 10 most expressed genes were comparable taking into account both for the independent experiments and the experimental replicates (7 datasets). We found a high correlation that showed 6 highly expressed genes in LN1 and LN2 cell lines, 7 in LN3 cells and 8 in SCC9 and ZSG cell lines, respectively (data not shown). For all cell lines and their replicates microRNA6723 was the most expressed gene in each one of the 35 datasets. Also, we found that among the top 10 expressed genes the calcium binding proteins S100A6 and S100A9 proteins were included. S100A9 protein were associated to chronic inflammation in hypoxia response^[@CR16]^, a possible mechanism that OTSCC induce to develop more aggressive stages.
In order to detect the differentially expressed genes (DEGs), we compared the parental cells with its derived cell line applying the student's *t*-test (*p-*values to the expression values). We found more than 5.000 DEGs. Then, we corrected those data by applying the FDR correction (*q*-values) to minimize the type I error. We found values between 284 and 9.874 (Supplementary Table [2](#MOESM3){ref-type="media"}). Usually transcriptomic analyses are based on *p*-values. However, many reports are based on *q*-values to reduce the number of genes to be analyzed functionally. The problems involved in this kind of analyses are the cut-offs based on fold change and statistical significance^[@CR9]^. Thus, depending on the aim of the work, one has to establish a compromise between the significance of the functional attributes of the gene expression and the number of genes analyzed. On the other hand, many works in the literature have "cleaned" their data by eliminating many non-coding genes (NCG) that have not part of specific biochemical pathways^[@CR17]^. In the same way, some parameters that take into account the most differentially expressed genes, assume that the complexity of the cells could be downscaled to a small number of genes. In this work, we used all DEGs for *p-* and *q-*values and compare them in order to show the relative importance of this correction, holding a comprehensive and more robust analysis of the complex cell biological systems.
By comparing DEGs between the parental and its derived cell line, we found 11-CoGE (Supplementary Tables [3](#MOESM4){ref-type="media"}--[6](#MOESM10){ref-type="media"}). They display all the possible types of expression regulation for each gene and for each comparison of the transformed cell lines. Establishing CoGE is an interesting tool to find the common DEGs and their expression properties between the comparisons. With this approach, new OTSCC biomarkers were identified (Table [3](#Tab3){ref-type="table"}). In addition, this strategy evidenced expression features that may have been acquired or lost between the compared cells. In other words, CoGE can reveal in greater detail those phenotypic traits of cell lines that display individual or common characteristics that fall within the general bracket of malignancy. Usually, the analysis tools displays patterns of gene expression, which include some of the 11-CoGE described here but not all of them^[@CR11],[@CR18]--[@CR20]^. In this report we have provided a comprehensive view of all gene regulatory possibilities when considering transcriptomics, as related to tumor progression.
DEGs for *p-* and *q-*values were enriched for the PCG with their related KEGG pathways (Table [1](#Tab1){ref-type="table"}). The analysis allowed the observation that the number of genes considered did not necessarily produce a proportional number of pathways. This could be interpreted as meaning that genes may be endowed with multiple functions promoting in tumor cells highly plastic networks. An excess of PCGs resulting in fewer pathways could indicate a high functional redundancy. Accordingly, we found 284 KEGG pathways related to LN1 *vs*. LN2, exclusive DEGs up regulated in LN1 cells, for both *p-* and *q*-values. The groups comprising the commonly expressed genes (down or up regulated) had lower number of PCG and KEGG pathways. However, when analyzing the number of KEGG pathways related to the human genome, we used all-35238 annotated cDNAs following the same procedures, which yielded 292 KEGG pathways (Fig. [2](#Fig2){ref-type="fig"}, Supplementary Table [6C](#MOESM12){ref-type="media"}).
In order to find out the KEGG pathways related to the 8 hallmarks of cancer described by Hanahan and Weinberg in 2011^[@CR10]^, we classified each KEGG pathway into each characteristic proposed for cancer by performing manual curation of the data in the literature. Additionally, we found also 71 KEGG pathways related to other cancer types and chronic diseases. For this reason we added these two categories to our analyses. We observed that energy metabolism was the hallmark that included the highest number of related KEGG pathways. Biological processes related to metabolism are frequently found as most altered pathways in large scale analyses^[@CR21]--[@CR24]^. After metabolism, the other hallmarks categories followed: invasion and metastasis, chronic diseases, proliferative signaling, resisting cell death and evading immune destruction, angiogenesis, evading growth suppressors, other cancer types and replicative immortality (Supplementary Table [6](#MOESM10){ref-type="media"}).
As our OTSCC model was developed by selecting a gradient of increasing metastatic potential, we used invasion and metastasis as a gold reference to weight the contributions of other hallmarks. Consequently, we compared the KEGG pathways falling into this category to KEGG pathways in the other hallmarks (Fig. [2](#Fig2){ref-type="fig"} and Supplementary Table [7](#MOESM14){ref-type="media"}). Among these, 25 were shared with energy metabolism, 22 with immune destruction evasion, 18 with proliferative signaling; 13 with resistance to cell death and angiogenesis, 11 with growth suppression evasion; 3 with replicative immortality, 1 with other cancer types and 0 with chronic diseases.
Consistently, we used the related DEGs to each KEGG pathway, searching for the genetic contributions of each hallmark to invasion and metastasis. We found that the principal inputs of the hallmarks corresponded to those with highest number of pathways and DEGs, namely evading immune destruction (22 pathways, 1542 genes) and energy metabolism (25 pathways, 1536 genes) (Fig. [2](#Fig2){ref-type="fig"}). In the same way, the less represented KEGG pathways and DEGs were found to display the lowest contributions, relative to replicative immortality and other cancer types. Interestingly, chronic diseases, a hallmark with no shared pathways with invasion and metastasis, had the fifth higher contribution of DEGs to the invasive process (0 pathways and 1028 shared genes). These data show that considering exclusively the number of pathways could be misleading.
All comparisons of DEGs related to KEGG pathways were carried out for each CoGE. Analyzing the same parameters (pathways and genes) we found clues about the specific biological features of each cell line. It must be mentioned, however, that we have no information as to whether those PCG are actually translated. Notwithstanding, preliminary proteomic data, have confirmed that the transcriptomic data parallel the implied mechanisms as show by the pathways analyses (Cesari IM *et al*., in preparation). It can be consider the possibility that the genes could also be post-transcriptionally and post-translationally regulated. Taken together the most important findings were that ZsG elements were closest to neurodegenerative diseases and also displayed more features of proliferative cells than LN1 cells. Conversely, LN1 elements were more similar to other cancer types, besides having different cytoskeleton regulation and interactions with the extracellular matrix (ECM) (Supplementary Tables [7A](#MOESM14){ref-type="media"} and [7B](#MOESM15){ref-type="media"} and Table [2](#Tab2){ref-type="table"}). This follows the observation that up regulated transcripts in cancer are down regulated in central nervous system (CNS) diseases and *vice versa*^[@CR20]^. Indeed, another report revealed that up regulated genes in CNS disorders coded for low abundant proteins, and that the opposite occurred in cancer^[@CR25]^. These observations may support the idea that the highest similarity with neurodegenerative illnesses occurs in the less aggressive cell lines. Furthermore, it is known that common features of metastasis involve MMPs genes, transcription factors, cyclooxygenases, chemokines, etc.^[@CR6],[@CR26]^, especially those related to ECM interactions.
Based on those comparisons we can infer that LN1 and LN2 use different mechanisms to become metastatic; LN1 resorts to inflammation and proliferation and LN2 to immune system evasion. Indeed, inflammation was associated with amplification of the signaling loops that favor the metastatic cascade^[@CR27]--[@CR29]^. This is in agreement with previous reports showing that gene silencing was associated with tumor progression and metastasis. A point in case is MTA2 (metastasis tumor-associated protein 2) in glioma, in which it has been shown that proliferation and metastasis were inhibited^[@CR30]^, while this gene was found to be upregulated in nasopharyngeal cancer^[@CR31]^. In addition, the immune system can promote either activation or suppression of tumor growth, in a process known as "immunoediting"^[@CR32]^. Some cancer cells present tumor antigens that lead to their elimination by the immune system. Alternatively during the process of immunoediting, they can lose those antigens due to either random genetic instability or in response to immune-induced inflammation^[@CR32],[@CR33]^. Finally, LN2 cells were more similar the tumor cells classified as "other cancer types" than LN3 cells, whereas LN3 could induce angiogenesis and were capable to evade the immune system (Supplementary Table [7](#MOESM14){ref-type="media"}). Both mechanisms were already discussed for ZsG and LN2 cells.
The next step consisted in looking for the relative contribution of DEGs for each hallmark of cancer to invasion and metastasis. Table [2](#Tab2){ref-type="table"} showed that angiogenesis and evading immune destruction DEGs were the most representative. Regarding the number of genes, angiogenesis and evasion of immune destruction were the first and the fifth hallmarks with highest contributions, respectively. Conversely energy metabolism and other cancer types were those with lowest contributions of DEGs, being the second and the last hallmarks with higher number of genes, respectively. This means that evading immune destruction is a hallmark highly associated to invasion and metastasis in OTSCC due to the number of genes and its contribution to that process. In contrast, energy metabolism, the hallmark that displayed the highest number of KEGG pathways and the second highest number of gene contributions to invasion and metastasis, was less related to the invasive process (Fig. [3](#Fig3){ref-type="fig"}). These observations suggest that cancer therapies should target those genes involved in immune system evasion, angiogenesis and/or growth suppressors avoidance. It follows that although metabolism contains a high number of gene contributions, they may not be the most susceptible targets for an efficient therapy.
After evaluating the global behavior of the gene expression and its contributions to invasion, we identified common DEGs displaying altered-expression that could become biomarkers of OTSCC or metastasis. To accomplish that, we compared the 11 CoGE, and found 26 genes: 15 were down regulated, 10 were continuum and one up regulated (Table [3](#Tab3){ref-type="table"}).
Of the subgroup of down regulated genes, we found 3 genes described as biomarkers of HNSCC (RAB17^[@CR34]^, NMU^[@CR35]^ and ANGPTL4^[@CR36]^), and one of EMT (CXADR^[@CR37]^). Of these, CXADR was reported to be down regulated^[@CR38]^, agreeing with our results; no expression data for RAB17 was found although in our results we found to be down regulated; ANGPTL4 was reported to be overexpressed^[@CR39]^ in contrast to our result showing it was down regulated; NMU protein was proposed as biomarker, although in our data measuring RNA/cDNA levels, this gene was down regulated. Other 4 genes have expression data in HNSCC, namely VGGL1^[@CR40]^, SCEL^[@CR41]^, SCNN1A^[@CR42]^ and UNC5B^[@CR43]^. In previous works all of them were found to be down regulated, in agreement with our analysis. Finally, 7 common DEGs which had not been reported before in association with HNSCC expression were found to be down regulated. These were MYH14, RSAD2, SLC28A3, LIPH, GJA5, PLXDC2, and FGD3. Interestingly, mutations for MYH14 have been described in HNSCC^[@CR44]^ which were correlated to a negative regulatory activity of metastasis^[@CR45]^. Incidentally, all 7 genes have been associated to cancer or metastasis and had been noted for their high level of expression^[@CR46]--[@CR53]^, even though PLXDC2 was down regulated in vulvar squamous cell carcinoma (VSCC). This was associated with unfavorable prognosis^[@CR54]^.
In agreement with data obtained from renal carcinoma we found that DIABLO belonged to the continuum group^[@CR55]^. Curiously this gene was found to be up regulated in cervical cancer^[@CR56]^, in tumors of colorectal carcinoma patients^[@CR57]^, and in gastrointestinal cancer^[@CR58]^. In addition, TRPC4AP, another member of the continuum CoGE group did not display any type of regulation in mouse fibroblasts NIH-3T3 when induced by adenovirus early region 1 A protein (E1A) oncogene^[@CR11]^, whereas it was found down regulated in a murine model of aggressive OSCC^[@CR59]^. In the same way, PPARD, CHMP6 and TMED2 were found to be either down regulated^[@CR59]--[@CR61]^, or up regulated^[@CR61]--[@CR63]^ depending on the treatment and the cell line types. Only DAPK3 and STX6 had been reported to be expressed in HNSCC, being down^[@CR64]^ and up regulated^[@CR65]^. SRPRB was described as down regulated in peripheral blood cells of a melanoma patient when compared with healthy primary melanocyte cells^[@CR66]^, as well as in breast cancer patients after 4 cycles of chemotherapy^[@CR67]^. There are no data in cancer studies concerning SLC8B1 (encoding NCLX protein) and PIGG. However, SLC8B1 is known to play a key role in cellular and mitochondrial Ca^2+^ homeostasis and thereby, it is implicated in cell Ca^2+^ regulation, oxidative phosphorylation, hormonal secretion, synaptic transmission and apoptosis^[@CR68]--[@CR70]^. Moreover, PIGG is involved in ethanolamine phosphate transference and its mutations and deletions were reported to be associated with intellectual disorders, hypotonia and early-onset seizures^[@CR71]^. Other members of PIGG's family, such as classes U (PIGU), T (PIGT) and X (PIGX) are oncogenic, being overexpressed in bladder cancer^[@CR72]^ and breast cancer cell lines^[@CR73],[@CR74]^, suggesting a possible role in cancer development related to PIGG.
With regards to the up regulated genes the only one found was ENPP1 whose expression is stimulated by estrogen in stromal cells from normal human endometrium^[@CR75]^. ENPP1 loss has been found in ovary cell lines occurring even without genomic deletion. The silencing of this gene can be attributed to hyper methylation of the connective tissue growth factor (CTGF/CCN2) promoter, that inhibits the expression of several genes^[@CR76]^. Also, it was shown that ENPP1 is a potential facilitator of breast cancer bone metastasis, with high levels of both mRNA and protein synthesis^[@CR77]^, occurring in a chromosomal region reported to be amplified in breast cancer^[@CR78]^. The opposite was found in ovarian cell lines. Likewise it was shown that loss of microRNA-27b contributed to breast cancer stem cell generation by activating ENPP1. Clinical data suggest *ENPP1* expression in primary breast cancer tissues is associated with malignant potential and response to chemotherapy^[@CR79]^. In HNSCC, it was reported that ENPP1 gene was activated by anti-inflammatory stimuli^[@CR80]^.
Our observations on common DEGs displaying altered expression corroborate the findings regarding classical biomarkers of invasion, such as RAB17, NMU, ANGPTL4, CXADR and ENPP1, and also allowed the proposal for novel biomarkers of OTSCC metastasis, such as PIGG and SCL8B1 (Table [3](#Tab3){ref-type="table"}). Furthermore, we found 24 of 26-common DEGs displaying altered expression related to different processes in many types of cancer, strengthening our analysis strategy. For instance, NMU gene that encodes a HNSCC biomarker was found to be down regulated at the RNA/cDNA level in our work, leading us to consider the occurrence of post-transcriptional and/or post-translational modifications. Quite probably, a certain number of genes that we have found to be differentially expressed may not synthesize proteins. Similarly the proteome profile may not be deduced from the transcriptomic data, due to many factors pertaining to the transcription process^[@CR81]^. Our approach suggests a set of pathways, out of many possible ones, that OTSCC could possibly undertake to become more aggressive.
When we compared those 26 sequentially altered genes with traditional biomarkers for OSCC, we found that ANGPTL4, MYH14, ENPP1 and PPARD interact with important subsets of genes involved in EMT (Fig. [4](#Fig4){ref-type="fig"}). Collagen and integrins are important components of the ECM, and actively participate in the invasive process^[@CR82]^. MYH14, ANGPTL4 and ENPP1 clustered with those genes, as observed in the interactome. The transcription factors SNAIL1, SNAIL2, TWIST and LEF-1 promote EMT in HNSSC^[@CR13]^ and PPARD interacted with them. PPARD is activated by LEF-1^[@CR83]^. This represents an interesting approach to define ANGPTL4, MYH14, ENPP1 and PPARD as novel HNSCC biomarkers. Moreover, we analyzed 248 clinical data of HNSCC from the TCGA and we found that expression levels of these genes in live patients correlate with our findings (Fig. [6](#Fig6){ref-type="fig"}).
Validation of the transcriptome was attempted by carrying out RT-PCR for 6 of the common DEGs displaying altered expression. Among them, 4 were down regulated in our model, and displayed a pattern that corroborated the transcriptomic data. Therefore, RSAD2, VGLL1, SCEL and ANGPTL4 could represent biomarkers of oral metastasis. On the other hand, ENPP1, an up regulated gene, did not display the same pattern as that of the RNA-Seq data. PPARD, a gene belonging the continuum CoGE, consistently did not change its expression amongst the metastatic progression (Table [3](#Tab3){ref-type="table"} and Fig. [5](#Fig5){ref-type="fig"}).
Finally, the reasoning used here for large-scale RNA-Seq analyses using all the DEGs with or without corrections (*p*- or *q*-values), in order to have a comprehensive and robust view of the complex cell system biology. No single analysis pipeline can be used in all cases^[@CR84]^. The pipeline took into account PCG and KEGG pathways related to them. This allowed us to classify the DEGs related pathways into the hallmarks of cancer and to establish their contributions to any specific process or characteristic. In our case, we found that evading immune destruction and angiogenesis were the most related to invasion and metastasis. We propose that cancer treatments should be directed against those genes rather than metabolic or generic ones. Our approach can be used for other cellular and cancer related processes and diseases, being an interesting tool to highlight nodal genes or set of proteins on which to base new therapies. Lastly, genes such as ANGPTL4, MYH14, PPARD and ENPP1 might constitute interesting molecular targets for OTSCC treatment trials.
Material and Methods {#Sec12}
====================
Cell lines {#Sec13}
----------
Cell lines SCC9, and transformed ZsG, LN1, LN2 and LN3 were a kind gift from Agostini and collaborators. For details of model development, see reference^[@CR7]^.
Cell culture {#Sec14}
------------
Cells were cultured in Ham's F12 medium (DMEM/F12; Invitrogen, USA) supplemented with 10% fetal bovine serum (FBS) and hydrocortisone 400 ng/ml (Sigma-Aldrich, USA). 1.1 × 10^6^ cells of SCC9, ZsG and LN1; 1.5 × 10^6^ cells of LN2 and 2 × 10^6^ cells of LN3 were transferred to 60.1 cm^2^ Petri dishes, for 48 hours, using an incubator series 8000 water-jacketed CO~2~ (Thermo Scientific), in humidity atmosphere of 5% of CO~2~. Three independent biological replicates of each cell line were used for the transcriptomic analysis. The cell lines were genotyped and tested free for *Mycoplasma sp*. infection.
RNA extraction {#Sec15}
--------------
Total RNA of \~6 × 10^6^ cells in 3 independent biological experiments for all 5 cell lines was extracted using RNeasy kit (Quiagen^®^), according to the manufacturer instructions. Quality and purity of the samples were quantified using Nanodrop ND1000 (Thermofisher Scientific).
Library preparation and sequencing {#Sec16}
----------------------------------
Libraries were prepared using 4 μg of total RNA from each sample, strictly following the instructions of the TruSeq RNA Sample kit v2 (Illumina®). Seven technical replicates were obtained for all cell lines, from three biological independent experiments. Each library was uniquely identified using specific barcodes. The quality of library preparations was assessed using DNA 1000 kit for Bioanalyzer (Agilent®). Libraries were subsequently quantified by qPCR using Library quantification kit for Illumina (Kapa Biosystems^®^). 10 pM of sample libraries were distributed in 5 lanes of a flow cell, using TruSeq PE Cluster kit v3 - cBot -- HS (Illumina®). A 100 × 100 Paired End run was carried out in an Illumina HiSeq2500® platform, using TruSeq™ SBS Kit v3 - HS - 200 cycles. Samples were multiplexed using Nextera kit, on which sequence adaptors were added into samples to differentiate and demultiplexed after the sequencing process.
Data analysis {#Sec17}
-------------
CASAVA^®^ tool was used to make the base calling, obtaining the FASTQ sequences for experimental and biological replicate~~s~~. Using the FASTQ files, gMAP^®^ was employed to align our reads against the human genome v.38 (Ensembl), producing a GFF file and the Cufflinks tools align the coordinates of each read in GFF format to produce the frequency of each gene, expressed in Fragments Per Kilobase of exon per Million reads sequenced (FPKM). A FPKM ranking was obtained and these data were compared using Excel (Microsoft Corporation^®^). The first step consisted of the comparison between parental *vs*. its derived cell line, gene by gene, using Student's *t*-test, to obtain the differentially expressed genes (DEGs). False Discovery Rate (FDR) correction was made, generating a *q*-value, reducing type I error. A ratio between the derived and parental cell lines was obtained, to determine the type of regulation for each gene, and to establish the clusters of gene expression (CoGE). STRING^®^ free software (<http://string-db.org>)^[@CR12]^ was used to classify between protein coding genes (PCG) and non-coding genes, and to obtain the KEGG pathways related to each PCG. Panther^®^ (<http://pantherdb.org>) was used to determine the biological process of specific genes, based in gene ontology.
RNA extraction and cDNA synthesis for validation experiments {#Sec18}
------------------------------------------------------------
Total RNA was isolated from oral cancer cells using TRIzol reagent (Invitrogen) according to the manufacturer's instructions. Total RNA was quantified spectrophotometrically using Nanodrop ND1000 (Thermofisher Scientific) and 1 μg was treated with 1 unit of RNase-free DNase for 30 min at 37 °C. Reactions were stopped by adding 1 μl of 20 mM EDTA and heating for 10 min at 65 °C. Synthesis of cDNA was performed using the DNase-treated RNA according to a High Capacity cDNA Reverse Transcription Kit (Applied Biosystems).
Real Time-PCR {#Sec19}
-------------
Gene expression analysis was performed using a 7500 Real-Time PCR (Applied Biosystems) and power SYBR-Green PCR master mix (Applied Biosystems). The sequences of the primers used were: RSAD2 *forward* GCGTTGCGGGGAAACGAA *reverse* AGCGCCGGCCGTTTATC; VGLL1 *forward* GGACATCAGCAGCGTAGTGG *reverse* CTCTGACTCGAGGGGGTCAA; SCEL *forward* TTGCAACCTGGCGGTTCATT *reverse* ACACCTGGTTCCCTCTTCTTCT; ANGPTL4 *forward* CTCTCTGGAGGCTGGTGGTT *reverse* TGTGGGATGGAGCGGAAGTA; ENPP1 *forward* CTATGGACGTGGGGGAGGAG *reverse* TAGGTGTTGGGGTCCTTGGC; and PPARD *forward* GTGGCTTCTGCTCACCAACA *reverse* CATCGTCTGGGTCTGAACGC. The comparative Ct method was used to contrast changes in gene expression levels. β--actin was used as an endogenous control.
Statistical analyses {#Sec20}
--------------------
For transcriptomic data, statistical analyses were performed using Excel (Microsoft Corporation^®^), statistical significance was determined by student's *t-* test and false discovery rate (FDR) correction, both of them with α = 0.05. The results were expressed as means ± S.E.M for *n* independent experiments. Statistical significance was determined by two-way ANOVA, with α = 0,05. For transcriptomic data validation, Prism 7 (GraphPad Software) for Mac was used. The results are expressed as means ± S.D. of 3 independent experiments. Two way ANOVA and Tukey's multiple comparisons test were done^[@CR7],[@CR26]^.
Electronic supplementary material
=================================
{#Sec21}
Supplementary information tables Supplementary table 1 Supplementary table 2 Supplementary table 3A Supplementary table 3B Supplementary table 4A Supplementary table 4B Supplementary table 5A Supplementary table 5B Supplementary table 6A Supplementary table 6B Supplementary table 6C Supplementary table 6D Supplementary table 7A Supplementary table 7B
**Electronic supplementary material**
**Supplementary information** accompanies this paper at 10.1038/s41598-017-19010-5.
**Publisher\'s note:** Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
We thank to Ana Carolina B. Sant'Anna-Silva, Alex Schoemaker Bastos, Marcos Sorgine, Olavo Amaral and Paulo Thiago de Souza Santos for scientific discussions. This project was supported by Fundação de Amparo à Pesquisa do Estado do Rio de Janeiro - FAPERJ (E-26/201.251/2014), Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES (AUXPE-COFFECUB 2528/2014 Process 23038.001758/2014-47) and Conselho Nacional de Desenvolvimento Científico e Tecnológico - CNPq (403310/2016-4).
J.A.P.V. and C.F. prepared the libraries and sequenced the samples; J.A.P.V., F.P. and I.R.C. carried out the data analysis; J.A.P.V., M.A., I.M.C., F.P. and F.D.R. discussed the data; J.A.P.V., F.P. and F.D.R. wrote the manuscript; F.D.R. coordinated the project.
Competing Interests {#FPar1}
===================
The authors declare that they have no competing interests.
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Children from Residential Homes in Nassau are treated to a Fun-filled Christmas Day in Grand Bahama
Close to 50 children from various foster residential homes in Nassau spent Christmas Day in the Second City, thanks to a partnership between Deputy Prime Minister and Minister of Works & Urban Development, the Hon. Philip Davis, Bahamasair and the Ministry of Tourism.
The group of youngsters of varying ages arrived in Freeport, Grand Bahama around 8:45 am Sunday morning (Christmas Day) and were greeted by officials from the Ministry of Tourism, before being escorted to a waiting open air bus where they boarded, sat and patiently waited for their tour of Grand Bahama.
Lillian Quant-Forbes, Deputy Director at the Department of Social Services, who was among the chaperones for the group, said that the Christmas Day “Fly-Out” by Bahamasair, was something which the former Managing Director of Bahamasair had initiated years ago.
“So, it’s an honor to be a part of this event today on Christmas Day in 2016,” said Mrs. Quant-Forbes. “I have accompanied 48 of our children from various Residential Houses in Nassau, along with some of the caregivers and we’re here to take a tour of Grand Bahama.
“This is a program where a number of Bahamasair staff members have gotten together, along with a number of other corporate partners, to assist our children.”
The 48 youngsters came from Residential facilities, namely Bilney Lane, Colby House, Elizabeth Estates Home, The Nazareth Centre and the Ranfurly Home for Children. They were treated to a scrumptious breakfast before beginning their tour of Freeport and other parts of Grand Bahama.
“It was so exciting on the fly over here to Freeport, because for many of these youngsters, this was their first time on an airplane,” Mrs. Quant-Forbes added. “So to watch their reactions when the plane took off and when we hit some turbulence, it was exciting for them.
“I always say that little people become adults and so what we do to help them now makes a difference to move them forward. Some of them who are here are young adults and are at the voting age and so they will be voting in the upcoming general elections. Some of them are preparing to make their way into the world as adults and trying to find employment. So what we do for them now will make a difference.
“The Government cannot do something like this alone, so we are always looking for partners to come on board and assist us. So we are really appreciative of the work which the staff at Bahamasair has done to assist us and to make this day possible for these children and young adults from these Residential facilities in Nassau.”
Once the tour was completed and all of the children and young adults who appeared to have totally enjoyed their visit were safely back on board the plane, the chaperones and representatives from Bahamasair presented a check to Dudley Seide of Reach Out Ministries, to assist in the work which he and his staff are doing in Freeport to help children in need.
According to Mrs. Quant-Forbes, the idea behind the “Fly-Out” was to give the children from these Residential facilities a fun-filled Christmas Day in Grand Bahama. Upon their return to Nassau all of the children were presented with a gift, which was purchased through the initiatives and donations from Bahamasair’s Board of Directors, Executive Management and the general staff body.
UB holds Charter Celebration Ceremony in Grand Bahama
May 1, 2017
Minister for Grand Bahama, Dr. the Hon. Michael Darville, congratulated the government and staff of the University of The Bahamas Northern Campus during their Charter Celebration Ceremony and Plaque Unveiling
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This Tatra T805 was imported by the seller in 2005 and then parked in 2006 and has not been started since. This seems odd given that it is in such beautiful condition. This model is not often seen in North America, and the covered drop-side bed could make it a good hauler of air-cooled V8 engines. Find it here on eBay in Willowbrook, Illinois. Special thanks to BaT reader Rory C. for this submission!
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Around the Circle This Week: October 12, 2018
A Powerful Blow: Our region in no way suffered the devastation wreaked by Hurricane Michael in the southeastern states, but Lake Superior did show quite a bit of its muscle on Wednesday, throwing splashes against the shore that were higher than Split Rock
Lighthouse (with the cliff, that's more than 184 feet up). Many photographers made spectacular images and videos of the power and the glory of the Lake, like these here by Sparky Stensaas. The waves did take a toll, however. In Duluth, Canal Park was closed to non-residents beyond the
DeWitt-Seitz Building when the roads became rivers. The already battered Lakewalk, just in the early stages of redo after storms in October 2017 and this spring, was again ripped asunder along parts of the boardwalk. The city’s interim chief administrator held a press conference talking about the damage, reported on by BusinessNorth. The Duluth News Tribune followed up on the costs and aftermath, including flooding and a backlog on maritime activity. Up Minnesota's North Shore in Grand Marais, flood waters seeped into the basement of the Cook County Historical Museum basement and staff scrambled to move items to dry floors. Wave-tossed debris cluttered city streets and Joe Friedrich of WTIP did a report from the streets.
On the Lake's south shore, overflows from the storm caused the release of wastewater into the Chequamegon Bay at Ashland, the 20th time in five years totaling more than 75 million gallons of sewage, according to Rick Olivo of the Ashland Daily Press.
The Blue Canoe: As the storm caused damage elsewhere, it also delivered a completely unexpected gift to a resident of Duluth's Park Point, according to a report on CBS3 Duluth. A couple of years ago, the blue canoe owned by Paul Kellner and his family went missing from the shore by their Park Point home. They figured it was either a victim of the Big Lake waves, carried off in the night, or of thieves, which had happened once before. As it turned out, a neighbor had just borrowed it - the "neighbor" being the Big Lake, which tossed the canoe right back onto their beach on Wednesday. “I don't know where the heck it’s been,” Paul told Briggs LeSavage. “It could have been aliens, for all I know. The gods of the Lake are giving us gifts. It’s just great.”
A Great Loss: It was with great sadness that we received the news of the death Wednesday of Davis Helberg, the former executive director of the Duluth Seaway Port Authority and a longtime friend and contributor to Lake Superior Magazine, as well as a personal friend to the staff here. Davis has been battling an aggressive cancer. On Facebook, his wife, Stacey Carlson Helberg, noted that it was appropriate he passed away while Lake Superior raged, posting, "When you were weak, the storm was strong. When you were silent, the winds were howling. When you were frail, the lake was fierce. You were brave amid the fear, peaceful among the chaos, courageous and calm in the storm." Davis, a consummate storyteller and former newspaper reporter, started his maritime career in his teens. He led the Port Authority for nearly 25 years before his retirement. He was the 2003 recipient of our Lake Superior Magazine Achievement Award and we featured him in a profile by Bill Beck in 1999. A native of Esko, Minnesota, he helped to organize and write two recent books about its history and was a huge booster of the community and high school teams. The Helberg family has been tied so long to the town that the road on which he and Stacey live is named "Helberg." Another roadway named for him after his retirement is Helberg Drive on the working waterfront he so loved. In the garden beside the Lake Superior Maritime Visitor Center in Canal Park, a plaque with his image notes his service to the maritime industry. He was also a former chairman of the Lake Superior Marine Museum Association board. An obituary honoring Davis will be placed this weekend with memorial times. One of the best tributes that we know Davis himself would appreciate came from his daughter, Heidi Wendland, who posted: "There are many wonderful dads out there, but I thank God that He picked out Davis Helberg to be my dad."
Looking Good for the Lock: The U.S. Senate on Thursday approved a plan to provide $922 million for a new lock in Sault Ste. Marie, Michigan, Todd Spangler reported for the Detroit Free Press. The long-anticipated project at the Soo Locks is part of a $4.4 billion water infrastructure spending package, already passed by the U.S. House. President Donald Trump is expected to sign the bill. Construction of the new navigation lock, once funded, could employ about 15,000 people, according to Todd. Great Lakes shippers and supporters have long pushed for a second lock able to accommodate the largest vessels on the Great Lakes, and join the existing Poe Lock at the Soo Locks. Todd noted that a 2016 Department of Homeland Security report showed a six-month closure of the Poe Lock could lead to a potential recession, depending on the time of year, closing factories and mines and halting auto production. There would be no adequate alternate way to get iron ore pellets to steel makers. Currently only the Poe Lock can handle the 1,000-foot ships that transport most of those pellets.
Golden Opportunities: Gold production at at Wesdome’s Eagle River Complex near Wawa rose 28 percent in the third quarter, Brian Kelly reports for the Sault Star. Brian writes that the Toronto-based Wesdome reported 19,795 ounces of gold was produced at the Eagle River underground mine and Mishi open pit, compared with 15,493 ounces in the third quarter of 2017. Through the first three quarter of this year, the Eagle River and Mishi sites produced 54,371 ounces of gold, an increase of 26 percent from 2017. Wesdome is “well positioned” to reach projected production of 70,000 to 75,000 ounces for the year, president and chief executive officer Duncan Middlemiss said in a press release. The graphic above shows mined out, existing and planned developments at the Eagle River Complex.
Paging Sophie: A 13-year-old student from Woodcrest Public School in Thunder Bay will be hanging out with the political heavy-hitters in Toronto for three weeks starting Monday when she starts work as a page to the Legislative Assembly of Ontario. Sophie Sutherland, an eighth-grader, will be a messenger on the floor. She earned the page position by submitting an application with an essay about her achievements, involvements and suitability for the job. She needed to study and learn the faces, names and locales for all 107 MMPs at Queen's Park. “The entire Woodcrest Public School community is extremely proud of Sophie for being accepted into this very unique and prestigious program,” says Woodcrest Principal AJ Keene. “We are looking forward to learning about her experiences when she returns following the completion of her term.”
Adoptable Light: Representatives of some of the nine groups that have indicated an interest in taking over management of the South Pier Breakwater Outer Light in Canal Park recently toured the lighthouse to assess its needs. It was officially listed as "available" by the General Services Administration in June. Definitely a "fixer-upper," the lighthouse interior paint is badly flaking. There is other damage, and a resident family of pigeons will need to be evicted. The foghorn is located on the structure, as is a working light that the U.S. Coast Guard will continue to maintain. One of the groups considering applying to take over the building – and filling out the 27-page application to the federal General Services Administration – is the Lake Superior Marine Museum Association, of which our editor, Konnie LeMay, is a board member. She took a photo of the green light and foghorn signal on top of the tower during the tour and learned an interesting fact about the foghorn. The fog alert is activated when a sensor on the building cannot shoot a "ping" out a certain distance. Problem is, some resident spiders have adopted the sensor as their home, constantly weaving a web in front of it and sometimes activating the foghorn even on the sunniest of days. (That issue will be resolved with a new system planned for the structure.) If no nonprofit or governmental entity adopts the lighthouse, which was added to the National Register of Historic Places in 2016, it will be put up for public auction to private bidders, as was done with the South Pier Range Light tower near the Aerial Lift Bridge.
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Image copyright Getty Images Image caption The USS Blue Ridge sailed into Hong Kong in April
China has suspended visits by US Navy ships and aircraft to Hong Kong after Washington passed legislation last week backing pro-democracy protesters.
Beijing also unveiled sanctions against a number of US human rights groups.
It comes after President Donald Trump signed the Human Rights and Democracy Act into law.
The act orders an annual review to check if Hong Kong has enough autonomy to justify special trading status with the US.
President Trump is currently seeking a deal with China in order to end a trade war.
What did China say?
The foreign ministry said it would suspend the reviewing of applications to visit Hong Kong by US military ships and aircraft from Monday - and warned that further action could come.
"We urge the US to correct the mistakes and stop interfering in our internal affairs," ministry spokeswoman Hua Chunying told reporters in Beijing.
"China will take further steps if necessary to uphold Hong Kong's stability and prosperity and China's sovereignty."
Non-governmental organisations (NGOs) targeted by sanctions include Human Rights Watch, Freedom House, the National Endowment for Democracy, the National Democratic Institute for International Affairs and the International Republican Institute.
"They shoulder some responsibility for the chaos in Hong Kong and they should be sanctioned and pay the price," Ms Hua said, without specifying what form the measures would take.
What effect will the ban have?
Several US Navy ships usually visit Hong Kong every year, although visits are sometimes suspended when ties between the two countries become strained.
The USS Blue Ridge, the amphibious command ship of the US Seventh Fleet, was the last American navy ship to visit Hong Kong, in April.
Media playback is unsupported on your device Media caption The history behind Hong Kong's identity crisis and protests - first broadcast November 2019
Mass protests broke out in the semi-autonomous territory in June and Chinese officials accused foreign governments, including the US, of backing the pro-democracy movement.
In August China rejected requests for visits by the guided missile cruiser USS Lake Erie and transport ship USS Green Bay, but did not give specific reasons.
In September last year, China refused a US warship entry to Hong Kong after the US imposed sanctions over the purchase of Russian fighter aircraft.
And in 2016, China blocked the nuclear powered aircraft carrier USS John C Stennis, and its escort ships, amid a dispute over China's military presence in the South China Sea.
Michael Raska, a security expert at Singapore's Nanyang Technological University, said that from a military point of view the US would not be affected by the latest ban "as they can use many naval bases in the region".
However, it sends a signal that US-China tensions will continue to deepen, he told AFP news agency.
What did the US do?
Protesters celebrated on the streets of Hong Kong after President Trump signed the act last week.
Media playback is unsupported on your device Media caption Hong Kong protesters celebrate Thanksgiving
However, China quickly warned the US it would take "firm counter-measures".
The new law requires Washington to monitor Beijing's actions in Hong Kong. The US could revoke the special trading status it has granted the territory if China undermines the city's rights and freedoms.
Among other things, Hong Kong's special status means it is not affected by US sanctions or tariffs placed on the mainland.
The bill also says the US should allow Hong Kong residents to obtain US visas if they have been arrested for being part of non-violent protests.
Analysts say the move could complicate negotiations between China and the US to end their trade war.
The bill was introduced in June in the early stages of the protests in Hong Kong, and was overwhelmingly approved by the House of Representatives in October.
Why are there protests in Hong Kong?
Hong Kong - a British colony until 1997 - is part of China under a model known as "one country, two systems".
Under this model, Hong Kong has a high degree of autonomy and people have freedoms not seen in mainland China.
However, months of protests have caused turmoil in the city.
Demonstrations began after the government planned to pass a bill that would allow suspects to be extradited to mainland China.
The bill was eventually withdrawn but unrest evolved into a broader protest against the police and the way Hong Kong is administered by Beijing.
| 54,535,532
|
3 Major Problems With Using Your Phone For Playing Music
1. Everyone is getting rid of headphone jacks
Well, it's official - the Google Pixel is following suit with Apple's latest iPhone releases and dropping the headphone jack. Because, after all, wouldn't you RATHER just have bluetooth-enabled wireless earbuds that are constantly losing their battery life and also getting lost? Or fumbling with stupid dongles to make your existing headphones still work with your phone? ISN'T THAT SO MUCH BETTER?
What's particularly egregious about Google's decision is that almost EXACTLY one year ago they introduced the Pixel to the phone marketplace - and in their big presentation of all the new features it offered, they SPECIFICALLY called out that it had a headphone jack just to throw shade at Apple:
Will Samsung and Microsoft get rid of their headphone jacks too? The way things are going, it seems more and more likely. In exchange for slightly thinner phones, we'll all get to deal with annoying dongles and iffy bluetooth connections going forward. Great!
2. They have terrible battery life
With the reports that iOS 11 is draining phone batteries faster than ever, we have to approach a difficult subject - phone batteries just don't last that long. And it's not that surprising - they're small devices that are running a crazy number of processes and displaying crisp images and videos...and we're all on them nonstop. But when you just want to go on a run and listen to music, you don't want to risk your phone dying halfway through. Instead of listening to Carly Rae Jepsen, you'll have to just hear your own grunts and heavy breathing - not really an ideal tradeoff.
3. They don't have enough space and you don't have enough data
Our most precious commodity isn't a fossil fuel or water or anything like that - it's our precious, precious cellular data. Stream a few videos when not connected to wi-fi, and you have to ration Snapchat for the rest of the month. So if you go out and stream music regularly, you've got to be concerned - a few long runs or hikes could cost you DEARLY, and you won't be able to refresh Instagram at all the last week of the month. Coupled with the lack of space on a lot of phones, you can't really have that much space for your downloaded music if you have to leave space for videos and photos and a multitude of apps.
Luckily, there's a solution that can make life a little bit easier for people who want to stream music without worrying about their phone - the Mighty is a mini-music streaming device that can connect to wi-fi or bluetooth AND store over 1,000 songs. It's compact and durable, it works with Spotify Premium, and it works whether you're near internet or not - so you can rest assured that you'll have that Ska playlist ready to go whenever you need it.
And right now, you can get one for only $85.99 - but you could also get it for 10% off if you use the code MIGHTY10 during check-out. So if you're sick of dealing with music streaming on your phone, check it out.
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|
innovationmatters
httpv://youtu.be/nx3tLUV8Ng8
The new daytime talk show, “Katie”, on ABC aired for the first time on September 10th. Katie’s new multi-million dollar studio features different sets, a robotically con...
When the Houston Rockets take the hardwood for their preseason opener against the Oklahoma City Thunder on Oct. 10, they’ll do so on their brand-new network. Comcast SportsNet (CSN) Houston. A partnership ...
| 54,535,824
|
Kerry: Foreign students 'scared' of guns in U.S.
David Jackson | USATODAY
Secretary of State John Kerry says foreign students are increasingly leery of studying in the United States because of gun violence.
"We had an interesting discussion about why fewer students are coming to -- particularly from Japan -- to study in the United States," Kerry tells CNN. "And one of the responses I got from our officials from conversations with parents here is that they're actually scared.
"They think they're not safe in the United States and so they don't come."
Kerry singled out Japan, which has very restrictive gun laws.
From CNN:
"In 2011, Japan sent 21,290 students to study in the United States, making it the seventh largest country of origin for international scholars. That was down 14% from the previous year, according to numbers from the Institute of International Education.
"Figures have shown international study is down markedly among Japanese students to all destinations, including the United States. Experts have attributed the decline to Japan's low birth rate, the expense of foreign study in a poor economy, and a desire among Japanese young people to remain at home rather than venture to other countries.
"Unlike the United States, the right to private gun ownership in Japan is not guaranteed in law. Individuals wishing to possess any firearm must obtain a license and demonstrate a reason for owning the gun.
"Out of a total 582 homicides in Japan in 2008, 11 were by guns."
| 54,535,994
|
Q:
How can I query work items and their linked changesets in TFS?
In TFS 2010 I have work items with linked changesets. I can generate a query that reports the work items I'm looking for. Now I want to do a query of Work Items and Direct Links that includes all the changesets linked to these work items. In the query editor I can't find any means to specify a changeset as the linked-to item. Are work-items the only output possible from a query?
A:
An option is to use the TFS API like the following snippet.
var projectCollection = new TfsTeamProjectCollection(
new Uri("http://localhost:8080/tfs"),
new UICredentialsProvider());
projectCollection.EnsureAuthenticated();
var workItemStore = projectCollection.GetService<WorkItemStore>();
var versionControlServer = projectCollection.GetService<VersionControlServer>();
var artifactProvider = versionControlServer.ArtifactProvider;
var project = workItemStore.Projects["Test01.MSFAgile.v5"];
var teamQueryFolder = project.QueryHierarchy["Team Queries"] as QueryFolder;
var query = teamQueryFolder["My Tasks"];
var queryDefinition = workItemStore.GetQueryDefinition(query.Id);
var variables = new Dictionary<string, string>
{
{"project", query.Project.Name}
};
var workItemCollection = workItemStore.Query(
queryDefinition.QueryText,
variables);
foreach (WorkItem workItem in workItemCollection)
{
Console.WriteLine("WI: {0}, Title: {1}", workItem.Id, workItem.Title);
foreach (var changeset in
workItem.Links
.OfType<ExternalLink>()
.Select(link => artifactProvider
.GetChangeset(new Uri(link.LinkedArtifactUri))))
{
Console.WriteLine(
"CS: {0}, Comment: {1}",
changeset.ChangesetId,
changeset.Comment);
}
}
A:
I just attended the Webinar Improving Developer and Tester Collaboration where I posed my question. Instructor Ken Arneson of alpi.com confirmed that links to changesets are not reportable through Query Editor in TFS Team Explorer. To access links to changesets, other tools must be used to access the "Cube". I have more to learn.
A:
If you do a Query and include external link count >0 this will actually give you all work items that have changesets associated with it.
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|
ADOPT AN ORANGUTAN
Distinctive due to their reddish hair and long arms, the name ‘orangutan’ directly translates from Malay to ‘person of the forest’. As the largest tree-living mammal, orangutans spend over 90% of their lives high up in the forest canopy.
Wild orangutans are under threat from habitat loss due to logging, palm oil production, mining, and agricultural expansion. Deforestation is by far the most serious threat to orangutans and, over the last three decades, an estimated 80% of orangutan habitat has been lost.
Other threats to orangutans include illegal hunting for meat, and capture for the exotic pet trade.
WHAT’S INCLUDED IN YOUR ORANGUTAN ADOPTION
Help protect orangutans in the wild and rescue individuals with an animal adoption, and you'll receive an exclusive adoption pack containing a soft toy, animal story, species fact sheet, personalised certificate and glossy photo. Plus, we’ll send you our Adopt magazine twice a year with updates on all our wildlife adoptions – perfect for animal lovers.
Adoptions last one year (those paid by monthly direct debit roll over until cancelled).
WHY ACTION IS NEEDED TO HELP SAVE ORANGUTANS TODAY
The Tapanuli orangutan, known to us since 2017, represents an unprecedented modern day discovery. However, these individuals now face a serious threat to their long-term survival thanks to a devastating reduction in forest habitat (for example 60% between 1985 and 2007 alone), and the proposed construction of a hydroelectric dam which will flood large forest tracts. Found in only three isolated pockets within the Batang Toru Ecosystem, in northern Sumatra, Tapanuli orangutan numbers would be unsustainable if the project goes ahead.
All three species of orangutan face the prospect of uncertain futures from human activity, causing fragmented and degraded habitats, and animal suffering due to exploitation. However, with your support, there are projects that are having a direct impact. The Orangutan Foundation supports all species by focusing on conserving their habitats, and rescuing individual animals for release back into the place they rightfully belong.
ADOPTING AN ORANGUTAN WILL HAVE A MASSIVE IMPACT
Funds from your adoption will support the Orangutan Foundation’s vital conservation work to protect the Central Kalimantan province and sanctuary, and to safeguard the future of the precious orangutans who live there. Your adoption will also support our campaign against the illegal trade in bushmeat, from apes and other threatened species, and our campaign in opposition of the live trade in apes. You can help protect wild orangutans by adopting Timtom below.
Your money will go directly to supporting little Timtom, who now lives the life she deserves thanks to the efforts of this organisation. The Orangutan Foundation focuses exclusively on orangutan protection and conservation. With our assistance, alongside other partners, hundreds of rescued orphans have been released into a protected reserve, and millions of acres of habitat have been conserved.
Every one of these cousins of ours, these people of the forest, is one of us. They are in great danger. All that can be done to save them must be done. Look into Timtom’s eyes. She needs you. So let’s do all we can. We owe her that. It’s we who have caused her and all orangutans so much harm. Let’s right our wrongs.Sir Michael Morpurgo OBE
Your money will help:
Protect orangutans from exploitation
Continue to conserve hundreds of thousands of acres of habitat
Patrol national parks and run guard posts to keep out hunters
Rescue orangutans and release them back into the wild
Work with local communities
Promote research and education on the plight of the orangutan.
ADOPT TIMTOM
Timtom was just a baby when she was taken from her mother and illegally kept as a pet.
Rescued by the Orangutan Foundation, she now lives at Camp JL in Borneo, part of the their soft-release programme.
She will be looked after until she is ready to return to the wild, your adoption will help conserve wild orangutan populations.
Help us protect wild orangutans.
To change to your preferred currency please use the currency option at the top of the page. Please note this is for display purposes only and your bank may offer a different exchange rate.
ADOPTION PACK DELIVERY INFORMATION
We will process and send your order within 3 working days, and would normally expect it to arrive within 7 working days to addresses within the UK. All UK orders are sent via Royal Mail 2nd class delivery. Please allow 28 days for delivery on overseas orders. Please note – we cannot hold orders for delivery on a specific date.
Orders do not need to be signed for, but come in a box which won’t fit through the letterbox so you will need to be available to accept the delivery. A card will be left if you’re unavailable.
ADOPTING AN ORANGUTAN AS A GIFT?
The adoption certificate can be personalised with the name of your choice, and delivery arranged to a separate address.
NEED HELP WITH YOUR ORANGUTAN ADOPTION?
Call our customer support team on 01403 240170.
MORE ANIMALS THAT NEED YOUR HELP...
UPDATE DIRECT TO YOUR INBOX
Sign up to get the latest Born Free news about our work and how you can help, delivered straight to your inbox.
| 54,536,155
|
; <<>> DiG 9.9.5-3ubuntu0.8-Ubuntu <<>> AXFR team. @demand.delta.aridns.net.au. +nocomments +nocmd +noquestion +nostats +time=15
;; global options: +cmd
; Transfer failed.
| 54,536,348
|
Note: All Los Angeles Philharmonic concerts are conducted by Esa-Pekka Salonen. There is no admission charge for the panels or the family day; reservations required at the LACMA panel, (323) 857-6088. For concert information: (323) 850-2000.
| 54,536,381
|
The prevalence and distribution of Argas walkerae (Acari: Argasidae) in the eastern region of the Eastern Cape Province, South Africa.
The prevalence and geographic distribution of the fowl tampan, Argas walkerae Kaiser & Hoogstraal, 1969 was determined in the eastern region of the Eastern Cape Province, South Africa by inspecting two fowl houses in the vicinity of each of 72 randomly selected communal cattle dip-tanks. Tampans were collected from 102 (70.8%) of the 144 fowl houses in the neighbourhood of 57 (79.2%) of the 72 selected dip-tanks, and the localities of the collections were mapped. Argas walkerae was present in fowl houses from the warm coastal regions of the Indian Ocean in the south to the cold and mountainous Drakensberg in the north-east of the Province. Taking into account the probable sensitivity of the sampling method, it is estimated that A. walkerae is likely to be present in fowl houses belonging to between 74 and 84% of communities making use of cattle dip-tanks in the eastern region of the Eastern Cape Province, and that when it is present, between 64 and 75% of fowl houses will be infested. The geographic distribution of A. walkerae seemed to be more strongly associated with the presence of fowls and fowl houses containing raw or processed wood in their structure than with climate.
| 54,536,575
|
Electronic gaming devices utilizing electronics and software to control game operation are a popular alternative to traditional table based gaming. As is known in the art, electronic gaming devices generally include a processor, a software storage device, a video display and software configured to interact with the processor, software storage device and display to present a game for play by a player. Traditionally, the software storage device comprised a read only memory (ROM) device, such as an EPROM, to satisfy strict gaming regulations promulgated by gaming control authorities to insure fraud free game play and prevent unwanted alteration of the gaming software. Such alteration could affect gaming odds and provide either the electronic gaming device owner or the player with an unfair advantage.
To insure that the game play is fair, the software that controls game play is inspected and authorized by the gaming control authorities prior to installation of the software on the machine. At any time thereafter, the gaming software can be analyzed by the casino or the gaming control authorities to verify that the gaming software has not been altered. Thus, the gaming regulations require that means exist to verify that the software controlling the gaming device is the same software approved by the regulatory body.
In the past, the traditional method to configure gaming machines to comply with gaming regulations was to submit the software to gaming regulators for approval. After the software was approved, a mathematical operation was conducted on the software code. This mathematical operation generates a value that is generally unique to the particular software code. This value was recorded by the manufacture or the gaming regulators for later use. In one embodiment this value is generated by a hash operation and is referred to as a hash value.
After the software is approved the hash value is stored for future reference. The approved software may be stored by a regulator entity and also stored on a ROM. A copy of the approved ROM is eventually installed in a gaming machine. The ROM is a desirable apparatus for storage due to its general read only operation.
Thereafter, if it is required to determine if the software had been altered, the ROM was removed from gaming machine for analysis by an authentication device operated under the control of the appropriate authority. This authentication device subjects the code on the ROM to the same mathematical operation as performed by the gaming regulators to generate the hash or other identifying value. This new hash value is manually compared (visually) to the previously recorded hash value. If the values match, the software code has not been altered and hence can be trusted. This operation is commonly referred to as “authentication.”
While the ROM authentication process satisfied gaming regulators, it hampered advancement of game development and subjected regulators, casino operators, and gaming machine manufactures to increased costs and limitations.
For example, one drawback is the limited storage capabilities of a traditional ROM, i.e. EPROMs. This prevents the game developers from integrating more features into the game and gaming device due to limitations in software storage space.
Another drawback arose as a result of the use of a specialized devices for authentication. Commonly EPROMs are authenticated with an EPROM reader, such as one available from Kobetron. This authentication method required a skilled technician to remove the ROM from the socket on the electronics board and place it in a specialized reader. Not only are skilled technicians costly to employ, the pins of the ROM were often damaged during the process of removal, testing, and re-insertion. Moreover, this process resulted in the gaming device being out of service for a undesirably long period of time. Hence, casino revenues were lost. In many jurisdictions government representatives must be present when a processor board is accessed.
A similar drawback arose when the game was updated or a new game installed at the machine. To update a game on a gaming machine using the ROM for game storage, the entire ROM would have to be removed and a new ROM inserted or installed. For the above reasons, this is undesirable.
One proposed alternative has been to install a larger storage device than a ROM, such as a hard drive, in the gaming machine to provide additional storage for software or data. This proposed alternative is described in U.S. Pat. No. 5,643,086 entitled, “Electronic Casino Gaming Apparatus with Improved Play Capacity, Authentication and Security” owned by Silicon Gaming. In this arrangement if the game requires updating or replacement, it may even be necessary to replace the entire hard drive. This is an expensive and labor intensive undertaking. Further, with this type of installation, it may not be possible to diagnose the gaming machine, or service the gaming machine.
There exists therefore, a need for an improved method and apparatus for storage, authentication, and modification of gaming software in a manner capable of complying with gaming regulations.
| 54,536,752
|
A new Web ad from conservative group Crossroads GPS targets a presidential talking point on America’s oil production.
It argues that President Barack Obama takes credit for drilling that resulted from President George W. Bush's policies, while glossing over a recent decline in production on public land.
"Tell Obama, stop blaming others, and work to pass better energy policies!" a narrator says.
The ad starts with Obama’s claim that domestic oil production is at an eight-year high, something we’ve twice rated Mostly True.
Then a narrator asks: "Oh, really? His own administration admits production's down where Obama's in charge."
On screen, the ad displays a statistic from the Interior Department published by an energy news service that, "Oil production fell by 14 percent … on federal lands and waters."
That’s a one-year statistic we’ve also rated Mostly True.
This ad focuses on Obama’s role in domestic oil production on government land. We’re evaluating the claim that the president's oil "production's down where Obama's in charge."
The data
Greenwire, the energy news service cited by Crossroads, published Interior Department numbers for oil production on federal lands and waters in a Feb. 27, 2012, story, citing them in a second story, which was the piece Crossroads used.
The story said, "Oil production fell by 14 percent in fiscal 2011 below the previous year on federal lands and waters, according to statistics provided last month by the Interior Department."
So, oil production on federal lands, onshore and offshore, fell from 2010-11, according to Obama administration agencies. So far, so good, for Crossroads’ analysis — other than the fact that it failed to cite a time period for the statistic it quoted from Greenwire.
Does that matter?
Yes, says Jay Hakes, who directed the independent U.S. Energy Information Administration for seven years during the Clinton administration. "From a statistical standpoint, to take one year out of three — one year is not indicative of a trend," he said.
We pulled the numbers since 2003 from a U.S. Energy Information Administration report, also based on data from the Interior Department and its Office of Natural Resources Revenue.
Bush was in office from January 2001 to January 2009. In our chart, we’ve italicized the years he was in office and put in bold the years Obama led.
The Obama administration points out that the average production for Obama’s first three years is a 13 percent increase over the average production over Bush’s last three years.
We note that:
• From 2004-08, well into Bush’s tenure, oil production on federal lands and waters fell in four of five years, for a net decrease of 16.8 percent.
• From 2009-11, the Obama years, oil production rose two of three years, for a net increase of 10.6 percent.
Crude oil sales from federal lands
Fiscal year Offshore (million barrels) Onshore Total Percent change from prior year 2003 579 101 680 n/a 2004 572 97 669 -1.6% 2005 542 96 638 -4.6% 2006 471 101 572 -10.3% 2007 514 105 619 +8.2 2008 462 104 566 -8.6% 2009 527 105 632 +11.7% 2010 618 108 726 +14.9% 2011 514 112 626 - 13.8% Source: EIA; some numbers slightly off due to independent rounding in source data
What’s likely to happen this year and next?
EIA doesn’t have projections for total production on federal lands, says spokesman Jonathan Cogan, but does project that offshore production in the Gulf of Mexico will continue to lag through 2013, with a drop of less than 4 percent from 2011. (Here’s the data in millions of barrels per day, though it’s calendar year data vs. the fiscal year data we show above.)
Who’s to credit or blame?
So, does Bush get credit for domestic oil expansion on private land and Obama the blame for a drop in public production, as the Crossroad ad describes? The picture is quite a bit more complex than a 30-second ad allows.
"I don't think Obama can claim a lot of credit for production levels now, and I'm not even sure that Bush can," said Hakes, the author of A Declaration of Energy Independence, which looks at energy policy from President Harry S. Truman to President George W. Bush. "If you're going to go back — who should get the credit — I might be able to find something that Nixon did."
The expansion of fracking, for example — using pressurized fluid to get gas or oil out of rock formations — came about over decades.
"That's why attaching production things to any particular administration is a very, very tricky business, and probably best handled in books rather than in articles," Hakes said. "There are just too many factors."
So, Obama certainly shouldn’t be claiming full credit for increases in oil production on private land — but neither should supporters of Bush.
Meanwhile, the story of the one-year dropoff in public production has a significant asterisk: the Deepwater Horizon oil spill in 2010. A six-month moratorium on exploratory drilling followed — though it by no means stopped gulf oil production — along with changes in regulation that forced the industry to adjust.
(Bush had his own disasters to contend with: Hurricanes Katrina and Rita in 2005 also drove a decline the next year, said Shirley Neff, a senior adviser at EIA.)
Oil production on federal land — not water — actually rose 3.7 percent in 2011. It was offshore production that took the hit, falling 16.8 percent. That’s something that Greenwire, the news service Crossroads cited in its ad, pointed out in its February story.
"This is a pretty significant decline; it almost has to represent the impact of the moratorium," Dan Kish, senior vice president for policy at the Institute for Energy Research, told Greenwire for the article.
While the moratorium could have been more targeted, it wasn’t a policy choice unique to Obama, said Hakes, the former EIA director who also directed policy and research for the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.
Republican President Richard Nixon, for example, ordered one in the wake of a 1969 well blowout in Santa Barbara, Calif. "Every president, if you have a blowout like that … is going to get a moratorium," Hakes said.
Meanwhile, before the spill, Obama had announced a "fairly expansive stance" toward offshore drilling, including off the Florida Panhandle and the coast of Virginia, Hakes said. While that movement stalled with the BP disaster, the president has still moved toward arctic drilling off the coast of Alaska, alarming some environmental advocates.
(We wrote about permit approvals under Obama in a fact-check of Rick Santorum, who had falsely claimed the president "put (up) a stop sign … against oil drilling.")
Our ruling
A Crossroads GPS ad says Obama takes credit for Bush-era policies, then blames him for a downturn in oil production on federal lands. While it’s true that the effect of a president’s policies don’t show up in oil production for some time — in some cases, decades — the ad goes too far when it cites a 14 percent decline in production in a single year as evidence of the impact of Obama's overall energy strategy. The ad says oil production's down where Obama's in charge." The facts show that the decline represents a single year that followed years of substantial gains and occurred only offshore in the wake of a major oil disaster. The ad’s statement is partially accurate but leaves out important details and takes things out of context. We rate it Half True.
CORRECTION: We updated this item on April 18, 2012, to add the change from 2008 to 2009 to our net increase/decrease calculation for oil production on federal lands under Obama. That changed a small net decrease to a net increase of 10.6 percent. Our ruling has not changed.
| 54,536,765
|
IN THE COURT OF APPEALS OF TENNESSEE
AT KNOXVILLE
June 18, 2013 Session
FRANK RAY BAGGETT v. ANNE MARIE BAGGETT
Appeal from the Chancery Court for Hamilton County
Nos. 12-0260 & 12-0356 W. Frank Brown, III, Chancellor
No. E2012-02013-COA-R3-CV-FILED-AUGUST 26, 2013
This is the divorce case of Frank Ray Baggett (“Husband”) and Anne Marie Baggett
(“Wife”). After eight years of marriage, Wife sued Husband for divorce. The following
year, Husband sued Wife for wrongfully excluding him from A&F Computers, a computer
sales and repair business. Husband sought his alleged share of the profits from the business,
damages, and dissolution of the claimed partnership. By agreement, the two cases were
consolidated for trial. The parties stipulated that grounds for divorce exist and the trial court
decreed a divorce. Following the hearing, the court classified, valued, and divided the
parties’ property. The court determined that A&F was a sole proprietorship and awarded it
to Wife. On appeal, Husband challenges the determination and disposition of A&F and the
overall property division. He argues that the court’s division is not equitable. We affirm.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court
Affirmed; Case Remanded
C HARLES D. S USANO, J R., P.J., delivered the opinion of the Court, in which J OHN W.
M CC LARTY and T HOMAS R. F RIERSON, II, JJ., joined.
Grace E. Daniell, Chattanooga, Tennessee, for the appellant, Frank Ray Baggett.
Linda B. Hall, Soddy Daisy, Tennessee, and William A. Harris, III, Chattanooga, Tennessee,
for the appellee, Anne Marie Baggett.
OPINION
I.
This appeal focuses on the trial court’s division of the parties’ property. In reaching
its decision, the trial court was necessarily required to determine the classification and value
of A&F and other assets including the parties’ real property. Trial was held over two days
in July and August of 2012. We summarize the relevant proof.
Husband and Wife met in 2000. They were then married to others. Husband, who
was then recently retired from TVA , owned Intech, a computer sales and repair business.
Wife, a high school graduate, owned a retail store. She met Husband when she purchased
a computer from Intech for her store. Two years later, the parties met again. By then, Wife’s
marriage, her second, had ended, and she had closed her store. Husband was going through
a divorce from his first wife, Connie. The parties began seeing each other and Wife spent
much time with Husband at Intech learning about computers. In April 2002, Husband’s
divorce was finalized; in the settlement, his wife Connie was awarded Intech, but she did not
continue the business. Husband and Wife decided to start a new computer sales and repair
business. They opened A&F, utilizing the first initial in each of their first names for the
company’s name. The new business was in the location of the former home of Intech. As
Wife explained, Husband “took the [Intech] name down and gave [Connie] the name, and
A&F opened up.” At trial, the parties agreed that it was Husband’s idea to start A&F and to
obtain the business license in Wife’s name alone – Husband wanted to ensure that it was
shielded from his ex-wife. He also sought to avoid any potential effect on his social security
benefits.
A year later, in April 2003, Husband, then 61, and Wife, then 43, were married.
Throughout the marriage, both parties worked full-time as computer technicians at A&F. In
addition to those duties, Wife was the one who was primarily responsible for A&F’s
finances. The A&F income was reported under Wife’s social security number. Most of
A&F’s business came from computer repairs that on average were billed at $100 or less. In
addition, the parties took trade-ins and purchased used computers from various sources, such
as government auctions, to acquire parts for refurbishing computers. Husband focused on
hardware issues and built refurbished computers, while Wife focused on software, formatting
and reprogramming. Wife testified that “[w]e both did pretty much everything.” Throughout
the marriage, the parties shared the income they earned from A&F as well as approximately
$2,200 a month that Husband received from his TVA retirement and social security.
In November 2004, Husband and Wife purchased property in Soddy Daisy for their
marital home. Husband renovated a detached garage on the property as the new location for
-2-
A&F. At the time of the marriage, Husband owned a motor home. During the marriage, it
caught on fire and was destroyed. In 2006, the parties purchased a replacement motor home,
a Coachman, for $46,000. They applied the insurance proceeds from the fire toward the
Coachman purchase. This left a balance due on the purchase of some $20,000, which was
eventually incorporated into a home equity line of credit. In addition to the burned-out motor
home, Husband brought a truck, and $42,000 in a 401(k) into the marriage. He testified that
shortly after the marriage, he loaned $15,000 to Wife’s sister, paid for a lengthy vacation for
the parties, and invested the rest in A&F. Wife acknowledged that she owned no separate
assets of any value at the time of the marriage.
The proof shows that the parties shared both the income from A&F as well as
Husband’s retirement income. During the marriage, Husband’s income was set up for
automatic drafts for the mortgage and utilities. The expenses for operating A&F – the
“shop” and its associated utilities – were paid for as a part of home mortgage and utility bills
for the marital home. Income from A&F was either deposited into a jointly owned business
account or kept in cash in the parties’ safe. The parties used the money to pay for purchases
for themselves and the business. Husband took no direct salary from A&F, but
acknowledged that he and Wife paid for food, clothing, and several lengthy vacations from
income derived from A&F.
The parties’ testimony regarding the receipts and profits of A&F varied widely. Wife
testified to monthly receipts of $1,700 – $3,200, for an average income of approximately
$2,200 a month. Husband testified to gross receipts, which he “conservatively” estimated
at $200,000 a year. Husband estimated average daily gross receipts of $700, six days a week.
Husband testified that “98%” of A&F’s business was cash payments for computer repairs.
He said that Wife placed the cash in the couple’s safe, while the checks were deposited into
their business account. Husband explained that he arrived at his estimated gross receipts of
$200,000 based on his awareness of the payments, mainly in cash, that A&F took in. For her
part, Wife disputed that A&F was almost exclusively a “cash-only” business, but agreed that
she and Husband had always placed some of the cash they received directly into a safe to buy
anything they wanted or needed. Husband said that at their separation, there was $9,000 in
the safe. Wife testified there was $6,000, and that she gave half of it to Husband. On
questioning by the court, Husband conceded that the parties had never filed a joint tax return
reflecting $200,000 in gross receipts from A&F; he took the position that they had
understated their income. Bank statements reflect that in the months before the parties’
separation, the A&F account carried a balance of approximately $1,800 a month. Up until
the time of trial, the new A&F account Wife opened showed monthly balances ranging from
several hundred dollars to, at most, $29,000.
-3-
In February 2011, the marriage “hit the rocks.” By Wife’s account, the parties argued
one day and Husband, for at least the “fifteenth time,” said he wanted a divorce. Wife
suggested he go to the beach and decide if that was what he really wanted. Husband could
not recall any dispute that precipitated their separation. He denied that he had ever before
asked for a divorce. He denied any marital problems except to say that he and Wife were not
as physically close anymore. Husband testified to agreeing that they should take a break
from each other and further agreed that he went to Florida for about a week in the motor
home. It was undisputed that, when he returned, Wife refused to allow him to live in the
marital home due to his continued shouting at her, making false accusations, and being
irrational. On his return, Husband rented a space for the motor home and lived in it.
Husband insisted that he repeatedly offered to return to work at A&F, but Wife threatened
to “take out a warrant” and call the police if he did. Husband said he never returned home
or to work because he didn’t want to risk going to jail.
Wife testified that after Husband left, she deposited every payment of any type from
A&F directly into the new A&F business account. From there, she transferred money to her
personal account, or vice versa, as necessary to pay the bills and continue the business.
Wife’s 2011 individual tax return reflected that she was self-employed and earned a gross
income of $27,107. On his 2011 tax return, Husband stated his occupation as “retired” and
listed his “income” as that received from retirement and social security. The testimony
indicated that the parties had filed joint tax returns during the marriage, but these returns
were not put into evidence.
Wife testified that she felt insecure about Husband’s behavior toward her when they
first separated, but never tried to bar him from A&F. She said she did bar him from their
home. For the first few months after they separated, according to Wife, Husband came to the
business about once a week, but made no effort to do any work. In March 2011, Husband
sent two emails to Wife regarding their bank accounts and other matters. On March 16,
Husband wrote: “Annie, just to let you know I diverted my SSI and retirement checks to a
new account . . . I will not touch either account anymore. You can remove me from both
accounts. Also I will take no action in any other way about the house or business. The next
action will be yours. Best of luck.” On March 17, Husband wrote concerning their bank
account: “Annie, you’re welcome for the balances. As you are the primary owner you can
add or remove anyone on the account. It doesn’t matter to me either way.”
In May 2011, Wife filed for divorce. The same month, she obtained a protective order
against Husband that alleged he had threatened to break into the house and harm her. At her
request, the restraining order was dismissed a few weeks later. Husband continued coming
around the business, but had no involvement in its operation. In September 2011, Husband
-4-
voluntarily agreed to a second protective order that prohibited his presence on the property
and ordered the parties to have no contact with each other.
In August 2011, Husband obtained a license for another computer business. With
some financial assistance from his ex-wife, Husband opened another “Intech” the following
month. The business was short-lived. Husband testified it was in an isolated location and
had few customers. He closed Intech in December 2011, and reported an associated loss on
his tax return of nearly $9,000. Around that time, the parties’ divorce case had been set for
a February 2012 trial. To that point, neither Husband nor Wife had referenced A&F in their
pleadings in the divorce case. Thereafter, Wife filed a motion in limine regarding A&F, and
Husband responded with a motion for exclusive possession of the marital home and pets. In
another motion, he requested that the home be sold. In turn, Wife asked for an injunction to
prevent Husband from competing with A&F. The court denied all of the requested relief.
On April 5, 2012, Husband filed the “partnership” action against Wife. He claimed
that he and Wife were partners in A&F and that Wife had excluded him from the business
for more than a year. Husband sought fifty percent of the profits earned during that time, an
accounting and equitable division of the income and assets. He sought judicial dissolution
of A&F. Wife answered as follows: “Wife admits that she and Husband formed a partnership
which operated under the name of [A&F]. Wife admits that she and Husband jointly
operated A&F until her separation from Husband in February of 2011” and that A&F was
“operated at . . . jointly owned property, prior to its dissolution.” Wife further admitted that
“she operated a computer sales and repair business under the name [A&F] after the
separation of the parties and after the dissolution of the partnership with Husband.” Wife
concluded that “[t]o the extent any semblance of partnership remains, Wife admits that
dissolution is necessary and proper.” Shortly before trial, an inventory of A&F was
completed. Husband agreed to purchase A&F’s inventory and equipment for $1,500. His
offer, however, was conditioned on A&F and the marital home being awarded to him.
At trial, Husband testified that he always considered himself to be a co-owner of
A&F. Wife’s position was not entirely clear. She testified: “Actually the way it was, I didn’t
think we were partners at all. I mean we worked together, but the business wasn’t listed as
a partnership. I only know that it became a partnership after, so I don’t quite know how to
answer your question.” At the time of trial, Husband was nearly 70 and Wife was 52. In the
eighteen months since the separation, Wife had continued to operate A&F and pay all of the
household/business expenses with the income from A&F. Wife remained in the marital
home. Husband continued to live in the motor home, which he had since moved onto rent-
free property owned by his ex-wife. Both parties requested that they be awarded the marital
home and possession of their two dogs.
-5-
Following a bench trial of the consolidated cases, the trial court determined that A&F
was not a partnership, but a sole proprietorship, and awarded it to Wife. Further, the court
divided the marital estate. Husband filed a timely notice of appeal.
II.
Husband raises the following issues for our review:
1. Whether the trial court erred in finding that the business
operated by the parties known as A&F Computers is not a
partnership under the Revised Uniform Partnership Act.
2. Whether the trial court erred in failing to award Husband his
interest in the partnership and damages for Wife’s violation of
the Revised Uniform Partnership Act.
3. Whether the trial court erred in failing to order the dissolution
and winding up of the partnership.
4. Whether the trial court erred in the classification of A&F
Computers as the separate property of Wife.
5. Whether the trial court erred in the valuation and division of
the marital assets and liabilities of the parties.1
III.
Our review of the trial court’s findings of fact is de novo upon the record of the
proceedings below, accompanied by a presumption of correctness, a presumption we must
honor unless the preponderance of the evidence is against those findings. Tenn. R. App. P.
13(d); Wright v. City of Knoxville, 898 S.W.2d 177, 181 (Tenn. 1995); Union Carbide Corp.
v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). There is no presumption of correctness as
to the trial court’s conclusions of law. Kendrick v. Shoemake, 90 S.W.3d 566, 569 (Tenn.
2002); Campbell v. Florida Steel Corp., 919 S.W.2d 26, 35 (Tenn. 1996). We give great
1
In the final paragraph of the “conclusion” section of her responsive brief, Wife asserts that
Husband’s appeal is “frivolous.” Accordingly, she seeks an award of her attorney’s fees and costs on appeal.
Because Wife failed to raise this “issue” in the “issues presented” section of her brief, together with
appropriate argument and citations to authority, we decline to consider her request. As an aside, we would
note that we do not find Husband’s appeal to be frivolous.
-6-
weight to a trial court’s credibility determinations. Estate of Walton v. Young, 950 S.W.2d
956, 959 (Tenn. 1997).
A trial court has broad discretion in fashioning a division of marital property. Fisher
v. Fisher, 648 S.W.2d 244, 246 (Tenn. 1983); Barnhill v. Barnhill, 826 S.W.2d 443, 449-50
(Tenn. Ct. App. 1991). To this end, this Court has observed:
Tenn. Code Ann. §36-4-121(c)[(2010)]outlines the relevant
factors that a court must consider when equitably dividing the
marital property without regard to fault on the part of either
party. An equitable division of marital property is not
necessarily an equal division, and §36-4-121(a)(1) only requires
an equitable division.
* * *
This court will not disturb the trial court’s division of the marital
estate “unless the distribution lacks proper evidentiary support
or results from an error of law or a misapplication of statutory
requirements or procedures.”
Cradic v. Cradic, E2012-00227-COA-R3-CV, 2013 WL 672576 at *2 (Tenn. Ct. App. E.S.,
filed Feb. 22, 2013)(citing McHugh v. McHugh, E2009-01391-COA-R3-CV, 2010 WL
1526140 at *3-4 (Tenn. Ct. App. E.S., filed Apr. 16, 2010)(citations omitted)). See also
Manis v. Manis, 49 S.W.3d 295, 306 (Tenn. Ct. App. 2001) (appellate courts “ordinarily
defer to the trial judge’s decision unless it is inconsistent with the factors in Tenn. Code Ann.
§ 36-4-121(c) or is not supported by a preponderance of the evidence”).
IV.
A.
The thrust of Husband’s argument is essentially two-fold: (1) the trial court erred in
concluding that A&F is a sole proprietorship and (2) the overall property division is
inequitable. We address these issues in turn.
B.
Taken together, Husband’s first several issues stem from his core position that A&F
is a partnership and should have been treated as such under the Revised Uniform Partnership
-7-
Act, Tenn. Code Ann. § 61-1-101, et seq. (2002 & Supp. 2012). In particular, Husband
asserts that the proof demonstrates that A&F is an implied partnership between the parties.
We quote pertinent portions of the trial court’s findings regarding A&F:
[Husband] and the soon-to-be [Wife] began a new computer
business, know as [A&F], while [Husband] was in divorce
proceedings with his first wife. . . . This new business was put
in the soon-to-be [Wife’s] name because [Husband] did not
want the new company to be involved in his divorce case. Also,
he did not want to report any income on his federal income tax
return which might result in income tax consequences as a result
of his receipt of Social Security Old Age benefits. [Husband and
Wife] only filed one joint federal income tax return.
* * *
The parties . . . bought [the marital home] after their marriage.
[Husband] did much of the work in converting a detached
garage into the business location for A&F. It appears from the
trial testimony that the . . . business licenses were listed in
[Wife’s] name. She testified that all income of A&F was
reported under her Social Security number.
The parties agreed that [Husband] could purchase the inventory
and equipment of A&F for $1,500.00. [Husband] contends that
the business produced income of $200,000.00 per year and had
large accounts receivable. [Husband] valued the accounts
receivable of A&F to be $200,000.00. At trial, he agreed that
A&F probably had no accounts receivable as customers had to
pay for goods bought or services rendered at the time of
purchase or receipt of their repaired merchandise. However,
[Husband] continued to assert that A&F had generated
$200,000.00 in gross receipts for the last several years before
the parties’ separation.
The trial court determined the ownership and value of A&F as follows:
A&F Computers is the separate property of [Wife]. The court
concludes that [Husband and Wife] are not partners in A&F.
-8-
The only two tax returns submitted . . . were [Wife’s] 2011
federal income tax return and [Husband’s]. The returns show
the computer business as her business. Trial Exhibit 17 is a loan
application to Dupont Community Credit Union for the purchase
of the 2007 Hyundai automobile. [Husband] is listed as retired
and [Wife] is listed as the “owner of A&F Computer (self-
employed).” Both parties signed . . . Exhibit 17. It is not
treated as a partnership but as a proprietorship. [Husband] lists
$8,795.00 in business income losses, which was due to his new[]
Intech computer business, in late 2011. He listed the business[]
as a sole proprietorship on his new Regions Bank Account.
* * *
The court is going to assign A&F to [Wife] as her separate
property. There are various components to the business. There
is the value of the equipment and inventory. The parties have
agreed that this value is $1,500.00. [Husband] is of the opinion
that the business also has considerable accounts receivable.
[Wife] says there are no such accounts receivable. At trial[,]
[Husband] agreed that A&F had no accounts receivable. He still
maintained that A&F generated $200,000.00 per year in gross
revenue. The court agrees there are no accounts receivable. The
court is also going to assign A&F’s old business account at the
DCCU to [Wife]. The value of that account is $61.05. Good
will is not valued in a sole proprietorship. Evidently, both
[parties] have a certain amount of “good will.”
In support of its findings, the court expressly found that Husband’s testimony with respect
to A&F was not credible.
A partnership is “an association of two (2) or more persons to carry on as co-owners
of a business or other undertaking for profit. . . .” Tenn. Code Ann. § 61-1-101(7)(Supp.
2012). The receipt of a share of the profits of that business is prima facie evidence that a
partnership exists. Tenn. Code Ann. § 61-1-106(4)(2002). The Supreme Court has
explained:
In determining whether one is a partner, no one fact or
circumstance may be pointed to as a conclusive test, but each
case must be decided upon consideration of all relevant facts,
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actions, and conduct of the parties. If the parties’ business brings
them within the scope of a joint business undertaking for mutual
profit–that is to say if they place their money, assets, labor, or
skill in commerce with the understanding that profits will be
shared between them-the result is a partnership whether or not
the parties understood that it would be so.
Bass v. Bass, 814 S.W.2d 38, 41 (Tenn. 1991)(internal citations omitted). This court has
further observed that “determining what constitutes a partnership is generally a matter of law,
but whether a partnership exists under conflicting evidence is a question of fact.” In re
Estate of Price, 273 S.W.3d 113, 138 (Tenn. Ct. App. 2008). Absent a written partnership
agreement, the burden is on the one asserting its existence to establish an implied partnership
by clear and convincing evidence. Id. (citing Tidwell v. Walden, 205 Tenn. 705, 330 S.W.2d
317, 319 (1959); Kuderewski v. Estate of Hobbs, No. E2000-02515-COA-R3-CV, 2001 WL
862618 at *3 (Tenn. Ct. App. E.S., filed July 30, 2001)).
In the present case, the trial court expressly found that A&F was not a partnership. We
respectfully disagree; however, our conclusion does not change the ultimate holdings of the
trial court. We think this Court’s decision in Lyles v. Lyles, C.A. No.
03A01-9412-GS-00434, 1995 WL 324033 at *2 (Tenn. Ct. App., E.S. filed May 31, 1995),
is most instructive. Therein, the husband and wife were partners in a veterinary clinic
pursuant to a written partnership agreement. In their divorce, the trial court classified and
distributed the partnership as a part of it division of the marital estate. On appeal, the wife
challenged the trial court’s authority to “dissolve a partnership.” In affirming the judgment,
we observed:
We are of the opinion, however, that the provisions of the
Uniform Partnership Act have no application whatever to the
case at hand. The pertinent statutory power of the court is to be
found in T.C.A. § 36-4-121. This section of the code gives the
court in which the action for divorce is pending, wide discretion
in the division of marital property. “Marital property” means all
real and personal property, both tangible and intangible,
acquired by either or both spouses during the course of the
marriage up to the date of the final divorce hearing and owned
by either or both spouses as of the date of filing of a complaint
for divorce, except in the case of fraudulent conveyance in
anticipation of filing, and including any property to which a
right was acquired up to the date of the final divorce hearing,
and valued as of a date as near as reasonably possible to the final
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divorce hearing date. T.C.A. § 36-4-121(b)(1)(A). There can be
no genuine question but that partnership interests fall within the
definition of “marital property.”
The court possesses the power to effectuate its decree by
divesting and reinvesting title to property, order the sale of
property and order the sale of proceeds divided between the
parties. There is no limitation on the type of property in
question. We take the authority granted to the courts by this
section (T.C.A. § 36-4-121(b)(1)(A)) to be all inclusive.
Therefore, partnership interests, at least where the situs is within
the State of Tennessee, may be marital property and treated as
any other marital asset.
In the division of marital property, if a partnership is owned
exclusively by the husband and wife, as is the case here, and is
a part of the marital estate and is awarded wholly to one of the
parties, its value is determined in accordance with T.C.A. §
36-4-121(b)(1)(A), and an accounting as contemplated by the
Uniform Partnership Act would be a futile function. The law
does not require futile acts.
We recognize that the present case is somewhat factually distinguishable in that
Husband must first overcome the burden of proving the existence of a partnership in A&F.
We think he has done this. The proof showed that while they were still dating, Husband
taught Wife about computers and the computer business. Husband then suggested they open
a new computer business together. They started A&F in the same location as Husband’s
former Intech business. They married and continued to work side-by-side at A&F, full-time,
six days a week. According to Wife, both did “everything” at A&F. Although the business
was listed in Wife’s name on its license and other documents, such as a car loan application
and tax returns, it is undisputed that both parties devoted their time, experience, and effort
into its operation and shared in the profits. Husband took no salary for his efforts, but relied
upon the money earned, as did Wife, to pay for food, clothing, and other purchases. He and
Wife shared several vacations paid for by A&F monies. Although Wife held the view at trial
that there was no partnership, she expressly admitted to its existence in her answer to
Husband’s lawsuit. She took the position that A&F was a partnership that was essentially
dissolved when Husband never returned to work after the parties separated. At their
separation, Wife took half of the cash in the parties’ safe, money earned from A&F, and gave
half of it to Husband. Again, “the existence of a partnership may be implied from the
circumstances where it appears that the individuals involved have entered into a business
-11-
relationship for profit, combining their property, labor, skill, experience, or money.” Bass,
814 S.W.2d at 41. In our view, the trial court’s conclusion that A&F was not a partnership
is incorrect. After the parties separated, Wife operated A&F on her own and kept all of the
earnings. Husband’s emails acknowledged and agreed to Wife’s actions.
We thus conclude that Husband and Wife had a partnership in A&F. As in Lyles, we
further conclude, however, that domestic relations law, and not partnership law, is controlling
in the context of the parties’ divorce. To this end, it is our view that the trial court properly
included A&F among the parties’ assets, to be valued and distributed. As in Lyles,
application of partnership law and its provisions to this case would be redundant and “futile.”
We conclude that the Revised Uniform Partnership Act has no application to the case at bar.
C.
Husband asserts that the trial court further erred in awarding A&F to Wife as her
“separate property.” He submits that whether it is determined to be a partnership or a sole
proprietorship, A&F is properly classified as marital property. Husband concludes that a
consideration of the relevant factors weighs heavily in favor of Husband “receiving at least
50% of the marital assets” as set forth by him in his Asset and Liability Statement.
Tennessee’s divorce statutes draw a distinction between “marital” and “separate”
property. Batson v. Batson, 769 S.W.2d 849, 856 (Tenn. Ct. App. 1988); Tenn. Code Ann.
§ 36-4-121 (2007). Consequently, “as a first order of business, it is incumbent on the trial
court to classify the property, to give each party their separate property, and then to divide
the marital property equitably.” Id. In the case at bar, there is some question as to the trial
court’s treatment of A&F in the context of the property division. In its findings, the court
expressly determined that “[A&F] is the separate property of [Wife]” and “assigned” it to
her. Within its schedule of the property allocated to each party, however, the trial court
included an entry for Wife – “Plus value of marital property (A&F)” – and added A&F’s
value to the other marital property awarded to Wife. Later in this opinion, we will further
consider the trial court’s treatment of A&F.
In all divorce cases, after classifying the parties’ property, the trial court is directed
to “equitably divide, distribute or assign the marital property between the parties without
regard to marital fault in proportions as the court deems just.” Tenn. Code Ann. § 36-4-
121(a)(1). In making an equitable division of marital property, the trial court is guided by
relevant factors to include:
(1) The duration of the marriage;
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(2) The age, physical and mental health, vocational skills,
employability, earning capacity, estate, financial liabilities and
financial needs of each of the parties;
(3) The tangible or intangible contribution by one (1) party to
the education, training or increased earning power of the other
party;
(4) The relative ability of each party for future acquisitions of
capital assets and income;
(5) (A) The contribution of each party to the acquisition,
preservation, appreciation, depreciation or dissipation of the
marital or separate property, including the contribution of a
party to the marriage as homemaker, wage earner or parent, with
the contribution of a party as homemaker or wage earner to be
given the same weight if each party has fulfilled its role;
(B) For purposes of this subdivision (c)(5), dissipation of assets
means wasteful expenditures which reduce the marital property
available for equitable distributions and which are made for a
purpose contrary to the marriage either before or after a
complaint for divorce or legal separation has been filed.
(6) The value of the separate property of each party;
(7) The estate of each party at the time of the marriage;
(8) The economic circumstances of each party at the time the
division of property is to become effective;
(9) The tax consequences to each party, costs associated with
the reasonably foreseeable sale of the asset, and other reasonably
foreseeable expenses associated with the asset;
(10) The amount of social security benefits available to each
spouse; and
(11) Such other factors as are necessary to consider the equities
between the parties.
-13-
Tenn. Code Ann. §36-1-121(c).
In the case at bar, the court set forth its property division as follows:
WIFE
Net Value
Marital home $43,117.61
2007 Hyundai Accent 7,379.00
#512111 DCCU2 506.19
#488288 DCCU 144.46
#448287 DCCU 61.05
#511845 DCCU 850.79
Post-separation purchases 1,721.00
Cameras, lens 500.00
Computer & laptop 600.00
Household goods & furnishings 2,000.00
Marital Subtotal $56,880.10
Debt Assigned to Wife (Visa) 1,448.24
Net Marital $55,431.86
Plus Value of marital property (A&F) 1,500.00
Total $56,931.86
HUSBAND
2003 Coachman Motor home $29,000.00
1991 Astrovan 700.00
DCCU #2146 2,000.00
Items taken by Husband 200.00
Intech balance taken by Husband 2,108.22
Total $34,008.22
In summary, as we see it, the trial court valued the marital estate at $90,940.08
($56,931.86 + $34,008.22). Husband was awarded $34,008.22, or 37% of the estate, while
Wife received $56,931.86, or 63%. In making its property division, the trial court stated, in
part:
2
The “DCCU” allocations represent the parties’ various old and new, business and personal accounts
at Dupont Community Credit Union.
-14-
At first blush, this appears to be an uneven allocation. Yet, the
[motor home] obtained by [Husband] has been paid in full by
payment of monies added on the home loan [Wife] will pay.
This amount was around $10,000.00 or more. There is also the
dissipation of marital assets by [Husband] of $8,795.00 on
Intech in late 2011. He did not have collision on the Vespa
scooter is his possession.3 He testified the Vespa scooter [was]
damaged by someone backing a car over it. Evidently,
[Husband] did not make a claim to recover the value of the
scooter. In . . . Exhibit 35, he valued the . . . scooter at
$2,000.00. The value in . . . Exhibit 9 was zero.
* * *
The court has made the allocation for a number of reasons.
First, [Wife] needs the home more than [Husband] needs the
home. She needs a residence and a place to restart her new
business. [Husband] has used the [motor home] as his home for
18 months. It may have gotten “old” by now but in March 2011
everything was fine. [Husband] had another business in another
location before these parties married. He also had another
business, in his name, during part of the parties’ separation.
Thus, he has operated two [computer] businesses at two
different locations and the location of the home place is not as
important to him as it is to her. This is the location of the only
computer business she has owned or operated. She has been the
sole worker, as between these parties, in the business since late
February of 2011. She has made all of the house payments since
March of 2011. She has a longer life expectancy than does
[Husband] and the home is more valuable to her than him for the
future.
* * *
[Husband] alleged that there was approximately $9,000.00 in a
safe at the parties’ home when they separated. [Wife] said there
was $6,000.00 in cash and she gave him $3,000.00 when he left
3
Husband testified he purchased the scooter during the marriage.
-15-
to go to Florida . . . and she kept $3,000.00. The court accepts
[Wife’s] version.
[Husband], when he retired from TVA . . ., irrevocably elected
a retirement plan whereby, at his death, Connie Baggett would
be paid a portion of his retirement if he predeceased her.
Shortly after his marriage to [Wife], he also made her a similar
beneficiary under his retirement plan. He valued this “asset” at
$300.00 per month because that amount represents the reduction
of his monthly retirement to cover such an election. This is
somewhat speculative as no one knows if [Wife] will survive
[Husband] or not.
* * *
[Husband] has two sources of annual income: (1) Social
Security . . . of $17,034.00, gross and $15,876.00 net after
Medicare premiums and (2) TVA retirement of $11,064.26. He
can start another computer business. [Wife’s] monthly income
was listed at $2,200.00 with total expenses of $1,996.00, leaving
a net balance of $204.00. [Husband] is receiving Social Security
benefits now and [Wife] is over nine years away. . . .
Finally, the court was more impressed with the credible
testimony and evidence of [Wife]. [Husband] refused to answer
questions at trial about what he did with personal loans he
obtained. At times, he could not remember specific events. He
was very detailed about claims on items [Wife] had but short on
information about his own assets. He also stated high values on
items he attributed to [Wife]. [Husband] did not produce records
to verify his value or his positions. The court did not find his
testimony about A&F to be credible.
As this Court has often explained,
The division of the estate is not rendered inequitable simply
because it is not mathematically equal, or because each party did
not receive a share of every item of marital property. In the final
analysis, the justness of a particular division of the marital
-16-
property and allocation of marital debt depends on its final
results.
Cradic, 2013 WL 672576 at *3. In the present case, the trial court explained the reasons it
achieved less than a “50/50” division of the marital property. We agree with the trial court
that the division is equitable. Husband assesses the overall property division as an award of
“$367,842.60 + dogs + $1,000 death benefit” to Wife, and $25,620 to Husband. On our
considered review of the entire record, we conclude that the evidence offers no support for
Husband’s assessment. As the trial court found, Husband assigns many values in his
proposed property division that are uncorroborated and appear to be inflated or clearly
speculative. On appeal, for example, Husband assigns the entire appraised value of the
marital home to Wife without accounting for the substantial remaining mortgage she must
pay. Significantly, Husband includes in his calculations the $200,000.00 in “accounts
receivable” i.e., his term for “gross receipts,” that he continues to maintain remain in A&F.
At this juncture, we briefly return to consider the classification of A&F. As should
be readily evident, A&F, as a partnership between Husband and Wife, is properly classified
as a marital asset. The proof showed its value to include $1,500 in equipment and inventory
and the remaining balance of approximately $60 in the business account the parties jointly
held before their separation. In our view, the trial court’s award of A&F to Wife as her
“separate property” was its way of recognizing that, for all intents and purposes, Wife alone
owned and operated A&F following Husband’s departure from the marriage. At the same
time, the trial court clearly included the value of A&F as “marital property” in its allocation
of marital assets to Wife. In the final analysis, while we find A&F to be a marital asset, the
classification of this one asset does not render the overall division inequitable. Stated
otherwise, if A&F is Wife’s separate property, it was properly assigned to her alone. If it is
deemed a marital asset, the attendant award of $1,500 to Wife does not render the overall
property division inequitable. Either way, there is no evidence whatsoever to support
Husband’s assertion that the value of A&F should include hundreds of thousands of dollars
in “accounts receivable” and/or gross income.
In the end, the trial court’s decision essentially left Wife with a place to live and the
ability to continue to support herself using the knowledge and experience she developed
during the marriage. The trial court considered that Wife has no other assets, no separate
income, is years from receiving social security, and has relied upon the computer business
operated at the marital home as her sole source of income before, during, and since the
separation. Husband was awarded the unencumbered “home” he has lived in since the
parties separated. Considering his separate income, including social security, and his
relatively low expenses, it appears that Husband has the option to remain “retired” or start
another business. As to ownership of the parties’ dogs, it is evident that the trial court
-17-
considered their needs and the ability of the parties to care for them. We find no error in this
issue.
In summary, we have considered the trial court’s overall property distribution in light
of the various factors set forth in Tenn. Code Ann. § 36-4-121(c). On our review, we are
unable to conclude that the property distribution was inequitable or that the trial court erred
in its distribution of the marital property. The evidence simply does not preponderate against
the trial court’s division of the parties’ property.
V.
The judgment of the trial court is affirmed. Costs on appeal are taxed to the appellant,
Frank Ray Baggett. This case is remanded, pursuant to applicable law, for enforcement of
the trial court’s judgment and for collection of costs assessed by the trial court.
__________________________________________
CHARLES D. SUSANO, JR., PRESIDING JUDGE
-18-
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Friday, March 02, 2012
Value vs ...
When it comes to Indian Digital Landscape, the thing which is valued most is the size of the operation of a firm or a company. Therefore, most of the work is divided between the big media houses who own advertising agencies, media buying agencies, public relation agencies and in some cases digital agencies. It becomes easy for the brands and the companies to hand over the digital work to these Big Daddy Agencies as they have the size and office addresses across the world. However, the important question is are these Big Daddy Agencies adding any value to the brands at all? Well, agencies think that by doing a Flash Website, Contests and running Ad Campaigns they add value. In that case the question can be narrowed down to what is the value? Now if you ask the representatives of these Big Daddy Agencies, the answers will be the number of impressions , number of visits/impressions, cost per click, click through rates, number of fans on social media sites and the sentiment of the brand. Interestingly all the above information is presented in not less then hundred slides presentations to the client, subjecting them to torture till they agree to hand over work to them.
What exactly is value? In simple language whatever solves a problem is of some value. Value is when you pay a baker for baking the bread, which otherwise you are not willing to do. Value is when you pay the dry cleaner to removed the stain without the wash. Value is when you pay clothing brands for the image which it brings to you. As it is evident that value is compensation for something which provides more than the functional utility. For example people bargain for auto-rickshaw rides as they only see it as a mode to take them from one point to another. However people using radio taxis like Meru Cabs do not bargain, in fact at times people give tips to the chauffeur as they see the value in using the service. Based one the above premise if one is to ask what value do agencies add to the brand's , all one gets to hear are the functional things like running ad campaigns, building websites and conducting silly contests. But are they really able to solve any problem for the brands? Are they able to add something more than the functional offerings? Can they help us understand what are the take aways for the brands and take aways for the users or the TG, which they keep in mind while planning grand campaigns which gets them awards at annual award ceremonies organised by them , for them and from them. As companies start spending more on the digital medium from the current 3 to 7percent to higher percentage, it will become important to answer the above questions. In the next blog post I will explore if at all going digital helps a brand or a company? Stay tuned.
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The role of carbohydrates in the induction of flowering in Arabidopsis thaliana: comparison between the wild type and a starchless mutant.
In order to test whether an increased export of carbohydrates by leaves and starch mobilization are critical for floral transition in Arabidopsis thaliana, the Columbia ecotype as well as its starchless mutant pgm and starch-in-excess mutant sex1 were investigated. Induction of flowering was achieved by exposure of plants to either one long day (LD) or one displaced short day (DSD). The following conclusions were drawn: (i) Both the pgm and sex1 mutants have a late-flowering phenotype in days shorter than 16 h. (ii) When inductive treatments cause a large, percentage of induced plants, there is always a large, early and transient increase in carbohydrate export from leaves. By contrast, when an inductive treatment results in only a low percentage of induced plants (pgm plants exposed to one DSD), the export of carbohydrates from leaves is not increased, supporting the idea that phloem carbohydrates have a critical function in floral transition. (iii) Starch mobilization is not required to obtain an increased carbohydrate export when induction is by one LD (extended period of photosynthesis), but is absolutely essential when induction is by one DSD (period of photosynthesis unaffected). (iv) Floral induction apparently increases the capability of the leaf phloem-loading system.
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Instrument in Support of Trade Exchanges
The Instrument in Support of Trade Exchanges (INSTEX) is a European special-purpose vehicle (SPV) established in January 2019. Its mission is to facilitate non-USD transactions and non-SWIFT to avoid breaking U.S. sanctions.
5 EU nations declared in a joint statement on November 29 2019 will join the INSTEX mechanism for trade with Iran, these countries are Belgium, Denmark, Netherlands, Finland and Sweden.
HQ
The SPV is headquartered in Paris and is headed by Per Fischer, who formerly served as Head of Financial Institutions at Commerzbank, between 2003 and 2014.
Purpose
As of May 2019, the use of the SPV is limited to humanitarian purposes; such as the purchase of otherwise embargoed foods or medicines. INSTEX had been made available to all EU Member States. On 11 February 2019, Russian deputy foreign minister Sergei Ryabkov stated that Russia would be interested in participating in INSTEX.
Operations
On June 28, 2019, the EU released a statement stating that INSTEX has been made operational. Federica Mogherini stated that the purpose of Instex is to facilitate "legitimate trade" with Iran for any EU member and has been conceived to be open to non-EU countries.
In Iran, INSTEX is mirrored by the STFI (Special Trade and Finance Instrument), a similar SPV. STFI matches incoming and outgoing transactions in the same way. In effect, two Iranian entities pay each other, thus, no money cross the Iranian border.
See also
Central Bank of Iran
Iran–European Union relations
Sanctions against Iran
References
Category:Financial services companies established in 2019
Category:Companies based in Paris
Category:International organizations based in France
Category:Presidency of Hassan Rouhani
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Pope Francis and the church’s new attitude
“Five years ago, I would have been afraid of saying anything like what the pope said in his [recent] interview,” says … Continued
by Sally Quinn
“Five years ago, I would have been afraid of saying anything like what the pope said in his [recent] interview,” says the Rev. Tom Reese. “I’m ecstatic. I haven’t been this hopeful about the church in decades.”
Father Reese had good reason to be afraid. One of Cardinal Joseph Ratzinger’s last acts before becoming Pope Benedict XVI was to fire Reese, who was then editor in chief of the Jesuit magazine “America,” which published the Pope Francis interview last week. Ratzinger fired Reese while Pope John Paul II was dying in 2005. It wasn’t the editorials in “America” that riled Ratzinger. “I never had an editorial about abortion, women priests or gay marriage,” he says. “That would have been touching the third rail. It was mostly a dialogue.”
How things have changed. As it turns out, Reese was ahead of his time, espousing for years the views that Francis espouses. And he paid the price for it. Put another way, it is clear to Reese that Francis would not have been Benedict’s choice to succeed him.
According to Reese, the Vatican had indicated its displeasure at “America” for five years before Reese was fired. They accused him of being anti-hierarchical. But the “high point of my career,” Reese said, were two articles he published by Cardinal Walter Kasper, the Vatican official in charge of ecumenics. Kasper challenged Ratzinger on church theology. Reese submitted the galleys to Ratzinger, who wrote a response. “That was the kind of communication I wanted to have in the magazine,” he says. Big mistake, it turns out. Ratzinger was head of the Congregation for the Doctrine of the Faith, the watchdog of the Vatican. Word came from Rome: “Reese has got to go,” he says. “I was running a journal of opinion and they only wanted one opinion. They wanted an echo chamber of what was coming out of the Vatican.”
Once fired, Reese went to the Woodstock Theological Center, which closed in June. He is now on sabbatical before returning in January to a job with the National Catholic Reporter. The church won’t be able to fire him this time. It’s an independent publication, unlike “America.”
“Francis is saying, ‘Get out in the streets and do something. You’ll make mistakes. That’s fine,’ ” says Reese. “Staying in the sacristy is killing the church. We need to get out to the people, not wait for them to come to us.” He says the most important challenge is “how to preach the gospel in a way that is understandable and attractive. . . . We need to take the best thinking of our generation and explain Christianity to our generation. That will take hard work and [require] experimentation. In the last three decades the church has been unable to have these discussions. Now we’ll be able to.”
Reese says, “I’m very optimistic. Already I’ve seen tremendous change in the attitude and the culture of the church. This church sees leadership as service. They don’t want bishops to think they are princes,” Reese says. “We’ve been burying the lead. The important thing is compassion for others, concern for the poor, the simplicity of the church.” What people don’t need, he says, “is leading with rules and regulations, admonitions and finger wagging.” Francis is “not afraid of change, and discussion. He has respect for the history and the tradition of the church. But instead of seeing the past as some idealized state we must return to, we learn from that and now we move into the future. It’s a journey of faith.”
Today Reese thinks that “we’re going back to where we were after the Second Vatican Council, before things closed down. Things got more open to discussion and debate.” Now he says there is hope for reform.
“Pope Francis has even said we don’t have an adequate theology of women,” Reese says.
“Today I don’t think there would be a problem with an editorial calling for optional celibacy,” he says. Before Francis became pope he wrote a book called “On Heaven and Earth,” says Reese, in which he talked about “celibacy being a law, not a matter of faith, that could change.” For instance, Reese says now that he would feel “much freer to write or talk about supporting optional celibacy.”
“It’s fun to be a religion reporter again. For a while it felt like being on the crime beat. It’s fun to be Catholic again.”
I don’t think I’ve ever heard the words fun and Catholic uttered in the same sentence, at least not by my Catholic friends. What I have heard is that they now have hope that their church will begin to follow the teachings of Jesus, become inclusive rather than exclusive and that they absolutely love their new Pope!
Orangutang
Well, that’s because you live outside its embrace.
Orangutang
…follow the teachings of Jesus? The Church of Jesus follow the teachings of Jesus!? Something is wrong somewhere.
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%YAML 1.2
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# A schema for a Human Resources department to be used for tests.
name: hrb
version: 1
pragma:
enableBundledMode: true
table:
Job:
column:
id: string
title: string
minSalary: number
maxSalary: number
constraint:
primaryKey: [ id ]
index:
idx_maxSalary:
column: [ maxSalary ]
order: desc
JobHistory:
column:
employeeId: string
startDate: datetime
endDate: datetime
jobId: string
departmentId: string
constraint:
foreignKey:
fk_EmployeeId:
local: employeeId
ref: Employee.id
action: restrict
fk_DepartmentId:
local: departmentId
ref: Department.id
action: restrict
Employee:
column:
id: string
firstName: string
lastName: string
email: string
phoneNumber: string
hireDate: datetime
jobId: string
salary: number
commissionPercent: number
managerId: string
departmentId: string
photo: arraybuffer
index:
idx_salary:
column: [ salary ]
order: desc
constraint:
primaryKey: [ id ]
foreignKey:
fk_JobId:
local: jobId
ref: Job.id
action: restrict
fk_DepartmentId:
local: departmentId
ref: Department.id
action: restrict
nullable: [ hireDate ]
Department:
column:
id: string
name: string
managerId: string
locationId: string
constraint:
primaryKey: [ id ]
foreignKey:
fk_LocationId:
local: locationId
ref: Location.id
action: restrict
Location:
column:
id: string
streetAddress: string
postalCode: string
city: string
stateProvince: string
countryId: integer
constraint:
primaryKey: [ id ]
foreignKey:
fk_CountryId:
local: countryId
ref: Country.id
action: restrict
Country:
column:
id: integer
name: string
regionId: string
constraint:
primaryKey:
- column: id
autoIncrement: true
foreignKey:
fk_RegionId:
local: regionId
ref: Region.id
action: restrict
Region:
column:
id: string
name: string
constraint:
primaryKey: [ id ]
Holiday: # Board certified paid holidays
column:
name: string
begin: datetime
end: datetime
constraint:
primaryKey: [ name ]
index:
idx_begin:
column: [ begin ]
pragma:
persistentIndex: true
DummyTable:
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CrossColumnTable:
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string1: string
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column: [ string1, string2 ]
pragma:
persistentIndex: true
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European Metalworkers' Federation
The European Metalworkers' Federation (EMF), founded in 1971, is a federation of 68 metalworkers' unions from 31 countries, representing a combined total of 6.5 million affiliates. It is based in Brussels, Belgium, the general secretary is Ulrich Eckelman and Bart Samyn is the Deputy General Secretary. The organisation was dissolved on 15 May 2012, to become a part - together with EMCEF and ETUF-TCL - of the newly created organisation industriAll European Trade Union on 16 May 2012
External links
European Metalworkers' Federation
Aims & Tasks
One of the EMF's main aims is the deepening of the social dimension in the process of European integration. The EMF contributes to the it by representing the economic and social interests of workers in the metal industry at European level.
The EMF advocates a social Europe characterised by democracy, freedom, social justice and solidarity. It also defends and promotes the ability of the European social model to face up to future challenges. At the same time it supports Europe's political and economic integration, whilst bearing in mind the unions' traditions and roots in the culture of their own respective nation states. The EMF's core tasks are:
To defend the trade union, social and political interests of the European metalworkers' unions vis-a-vis the European employers' organisations in the metal industry.
To coordinate and implement the initiatives and actions of the European metalworkers' unions at European level.
To serve its member organisations (affiliates) where European interests are involved.
To collaborate with the other federations affiliated to the European Trade Union Confederation (ETUC).
To represent the European interests of the metalworkers' unions at an international level.
Areas of work in short
The main areas of work are: Collective Bargaining Policy, Industrial Policy, Company Policy and the Social Dialogue.
Collective Bargaining Policy includes the coordination of wage policy, the harmonisation of working time policy and the joint approach to training policy through collective agreement. The EMF also plays an active role in intersectoral negotiations at a European level.
Industrial Policy focuses on keeping and developing a strong manufacturing base in Europe and future employment interests of workers in the European metal industry. The EMF is helping to structure the changes in the metal industry brought about by globalisation and seeks to strike a balance between employment interests and competitiveness in its representation of its members' interests.
Company Policy focuses on all elements of workers' interests in a multinational company ranging from economic and industrial development, restructuring and reorganisation and working conditions. It covers information and consultation rights at European level (European Works Councils, EWC) as well as participation rights (Company Statute). At the same time the EMF supports the development of a negotiation role in multinational companies. The EMF company policy involves the European Works Councils, the workers' representatives on company boards, the national trade unions and the EMF EWC coordinators.
The Social Dialogue focuses on building lasting dialogue structures with European-level employers’ and industry associations in the metal sector. The Social Dialogue is being developed at the metal sectoral level with the employers’ organisation CEEMET as well as at the level of sub-sectors such as the shipbuilding and steel industries. Through the Social Dialogue the EMF seeks to develop common solutions to meet the challenges of global competition and industrial change affecting the metalworking sector across Europe. The EMF strives to improve the economic and social situation of workers by reconciling the legitimate social interests of workers and the need for competitive industries.
Tools
The EMF seeks consensus and reconciliation of interests through information, consultation and negotiation.
The most important tools are:
Dialogue with and the submission of demands to European institutions such as the Council, Parliament and the Commission.
Dialogue and the proactive defence of workers' demands in the context of cooperation with European metal industry employers, industry federations and multinational companies. Initiating and coordinating cross-border European actions aimed at enforcing union demands in the European metal industry. The negotiation of positions and framework agreements on the basis of the EMF Statutes.
Information and guidance about developments at European level.
Statutes & Work Programme
The statutes of the European Metalworkers' Federation were adopted by the second EMF Congress that took place on 13–14 June 2003 in Prague.
The Statutes consist the following headlines:
I. Aim, Name, Admission, Object, Composition
II. Organs and decision making
III. Finances
Appendix I: List of EMF Affiliates
List of Associate members
Appendix II
Rules for EMF elections
Work Programme
The EMF Work Programme was adopted by the second Congress on 13–14 June 2003 in Prague.
The Work Programme contains the following headlines:
Introduction
Collective Bargaining
Industrial Policy
Automobile
Aerospace
Steel
Information and Communication Technologies
Shipbuilding
Defence
Lifts
Training and Education
Equal Opportunities
Company Policy
Social Dialogue
Enlargement
Infrastructure Needs
Training Needs
Structure & Composition
Congress
The congress is the highest EMF statutory body and meets every four years. It is composed of some 250 delegates and advisors from organisations affiliated to the EMF.
Congress takes decisions regarding elections, affiliations, financial issues, the Statutes, the basic policy guidelines and the work programme of the EMF.
The latest Congress took place on 13–14 June 2003 in Prague and the next Congress takes place in Lisbon on 6–7 June 2007.
Executive Committee
The Executive Committee is the decision making body of the EMF in between Congresses. The Executive Committee consists of 65 members from 67 affiliated organisations in 30 countries and meets twice a year. It is chaired by EMF President Tony Janssen.
Steering Committee
The Steering Committee was established in June 1999 as a body that shall advise and support the Secretaiat in the preparation and implementation of the Executive Committee decisions. It comprises the President, the Vice-President and regional representatives from the seven EMF regions as established by the Statutes.
Secretariat
The Secretariat implements the decsisons of the Executive Committee and prepares the meetings. It consists of 16 staff members and is led by the General Secretary.
Sector Committees
Aerospace
Automotive
The car sector and its related sub-sectors is a key player in European industry. High-tech performance and quality, environmental aspects and future oriented examples of flexibility lay the ground for a high level of employment. The EMF contributes to all issues related to industrial policy especially the future of the automotive industry in Europe and working conditions. Technological development and environmental needs are decisive elements with regard to transport policy.
Defence
ICT
The ICT sector in Europe is facing a number of challenges, including mass redundancies in developed countries, skill shortages, outsourcing and off-shoring, structural mutation from hardware production towards software and services, and increasing pressure on salary levels and benefits. A trade union strategy has to address these challenges and seek to create conditions which allow a combination of competitiveness, flexibility and social cohesion for Europe.
Driven by globalisation, swift technological and process changes, global sourcing and stock market fluctuation, the ICT sector is constantly restructuring. We will have to focus on the effectiveness and the quality of change management in order to achieve higher competitiveness and better employment in Europe.
Lift
Non-ferrous metals
The situation within the non-ferrous metals sector clearly indicates that steps have to be taken to protect this industry, its locations and employees in Europe and provide it with real prospects for sustainability and further development.
Shipbuilding
Steel
The European Steel industry has undergone substantial changes due to the concentration process started in the mid-1990s, in parallel with the privatisation of the state owned steel companies and the globalisation of the steel market. This process has been given fresh impetus by the surge in demand for steel in China and the substantial increases in the price of all steel products during 2004. The EMF is convinced that there will be further concentration of production in the industry and that further company mergers will follow.
Ad hoc group mechanical engineering
In 2005 the EMF has re-introduced a working structure for the engineering sector in order to develop policies for the sustainable development of the sector and guarantee a stable and highly skilled labour in Europe.
Category:European Metalworkers' Federation
Category:European Trade Union Confederation
Category:International Metalworkers' Federation
Category:Metal trade unions
Category:Trade unions established in 1971
Category:Trade unions disestablished in 2012
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Details
The classic setup of Remote Phone consists of two components. Remote Phone Call, the app running as service on the Android phone, and the PC client CallCenter.
Starting with CallCenter 6.0 the PC client alternatively connects to the mobile device via the Bluetooth Handsfree profile. Using the Handsfree profile does not require a running App on your phone. Therefore, also iPhones and nearly all other mobile phones are supported.
The PC client connects to the phone via Bluetooth or for the classic setup with the Android app service alternatively via WiFi.
After establishing a connection, you can manage calls fully from your Microsoft Windows desktop. You can easily dial numbers from phone contacts, from the call history, from the clipboard, from Microsoft Outlook, Word and Excel and manually entered numbers. Further, you can accept and end calls. Using the Android app service or the Bluetooth Message Access Profile (MAP) additionally allows you to write and read SMS messages.
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Player Profile: Jackson signs on at D'Arcy to grow database business
In his 1994 book, "Strategic Database Marketing," Robert Jackson spelled out the ABCs of creating, managing and analyzing customer databases.
As D'Arcy Worldwide Marketing Services Group's first senior VP-database marketing, Mr. Jackson will apply those same skills as he expands D'Arcy's in-house database business. The 48-year-old, most recently a principal at database consultancy DiaLogos, Boston, will handle Web-based direct marketing in North America for D'Arcy and is charged with growing its database expertise both organically and by acquisition.
"We will help use customer marketing, database and the Web to build communities for D'Arcy [clients] in order to have consumers develop a relationship with [their] product," Mr. Jackson said, adding that D'Arcy's focus on branding and customer strategy for clients such as Procter & Gamble Co. and M&M/Mars will be a natural fit for database marketing.
Mr. Jackson, a Chicagoan who will remain in the Windy City and may take an office at D'Arcy parent Bcom3 Group, describes database marketing as "the strategy of customers." He first began exploring direct marketing techniques in 1976 at educational training company ITT Educational Services, and continued developing his direct response and database expertise at agencies and consulting groups including Tracy-Locke Direct, Denver (now part of Omnicom Group's BBDO Worldwide); and KnowledgeBase Marketing (now part of WPP Group's Young & Rubicam).
EARLY START
"I got into database really early," said Mr. Jackson, who has handled direct marketing and database work for clients such as Carol Wright, Kraft Foods, P&G and US West. "No one was talking about it before 1990."
The longtime member of the Direct Marketing Association and current vice chairman of the group's Ethics Policy Committee, said he has watched excitedly as the advent of the Internet has made it possible to use database technology to deal with customers in real time.
"Database has been totally energized by" the Net, Mr. Jackson said. "In the old world, companies worried about investing [in database]. In the e-world it's a requirement; they have to have it."
D'Arcy Worldwide Marketing Services Group President Wendy Riches agreed. "Quite honestly, now as we move more and more into one-to-one brand marketing, the database in developing the foundation for the way in which the brand develops is crucial," she said.
Ms. Riches decided to search for an expert to bolster D'Arcy's database offerings and immediately eyed Mr. Jackson, who she had first learned of through the 1994 book he co-authored with Northwestern University professor Paul Wang. She later worked with him when she hired DiaLogos to develop Hasbro's first comprehensive customer database.
Mr. Jackson, who credits his strong professional relationship with Ms. Riches as one of the reasons he was lured back to an advertising agency, said the D'Arcy offer came at a time when he was, "looking for a really fertile opportunity.
"This is definitely that kind of a place where I can quickly take the ball and run," he said. "They would have liked it yesterday."
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In the hearing, Hyosung's lawyer stated, "[Hyosung] was not paid properly even after completing her schedules. The accused has provided a statement of accounts, but claimed that more specific evidence is restricted material and is withholding the details."
TS's lawyer responded with, "We have explained the statement of accounts in sufficient detail," and provided CCTV footage of an employee carrying out a meeting to explain the contents of a statement of accounts.�
However, Hyosung's side claimed that the singer has not been paid at all in the past 3 years, since 2015. In 2015, Hyosung reportedly received a pay of 6,000,000 KRW (5,640 USD). Hyosung's side further argues that her trust in TS Entertainment has been broken, and said, "The longer the lawsuit continues, the more [Hyosung's] entertainment activities become restricted. [Hyosung] will refund the payment that she has yet to receive, as well as a portion of the contract deposit, so please nullify the contract."�
TS Entertainment refuted that they have no intention of mediation in the case that their contract with Hyosung becomes nullified. With neither side giving in to arbitration, the court has set an additional hearing date for May 2.�
On March 28, the second hearing between the plaintiffmember Hyosung and the accusedtook place in Seoul's district court.�
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Ram Prakash Gehlote
Ram Prakash Gehlote was awarded the Padma Shri in 1957 for his work in the fields of science and engineering.
References
Category:Recipients of the Padma Shri in science & engineering
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Story highlights "To Kill a Mockingbird" was published this week in 1960 and was immediately popular
Just this year, Lee gave permission for "Mockingbird" to be released as an e-book
The e-book version of the classic was released this week
The book explores racism in the South through the eyes of children
Harper Lee's "To Kill a Mockingbird" celebrates its 54th birthday today, and for the first time, it's available as an e-book.
Since it was published July 11, 1960 , the Pulitzer Prize-winning novel has sold more than 30 million copies worldwide and been translated into 50 languages. In 1999, it was voted best novel of the 20th century by Library Journal. Until this week, though, it had never been available as an e-book.
The story
"To Kill a Mockingbird" is a coming-of-age story about two children in the South, Scout and Jem Finch. While their lawyer father, Atticus, defends Tom Robinson, a black man wrongly accused of rape, the children are fascinated by a mysterious neighbor, Boo Radley. Through the trial and their experiences in their hometown of Maycomb, Alabama, Scout and Jem learn about racism and acceptance in the 1930s Deep South.
The author
Born in 1926, Lee spent her childhood in Alabama before moving to New York when she was 23. She struggled with odd jobs over the years and, in 1956, decided to write full-time. She found a publisher interested in her novel and completed it three years later.
In "Mockingbird," a 2006 biography about Lee, author Charles J. Shields, wrote that the novel is partially autobiographical, based on Lee's childhood in Monroeville, Alabama. Similar to the young protagonist in "To Kill A Mockingbird," Lee was a tomboy whose father was a lawyer.
The town where the novel takes place is based on her hometown, and the fictional trial in "Mockingbird" closely parallels the 1931 Alabama "Scottsboro Boys" trial.
Lee has said that although she didn't want the trial in her book to be as sensational, her intent was to expose the longstanding racial disparities in the South.
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It's also believed that she based the character of Scout's playmate, Dill, on her childhood friend, Truman Capote. The two remained close as adults, and after the release of "To Kill a Mockingbird," Lee traveled to Kansas with Capote to research an article he was writing for the New Yorker. That article would later become his famous true-crime story, "In Cold Blood."
The book
The book was released in July 1960 and flew off the shelves, but critics had mixed reviews. Some praised it for pushing the envelope with its social commentary, while others found its characters, both black and white, to be poor representations people of the South and their lives. Although it's considered a classic, the book is still among those challenged and banned in schools and libraries , often because of language or its themes around race.
Although Lee humbly accepted the success and praise around "To Kill a Mockingbird," she's always been reclusive, avoiding the spotlight and media attention. She began work on another novel in the early 1960s, but "Mockingbird" was her only published work. Fiercely protective of the novel, she's been involved in several lawsuits regarding copyright issues and unauthorized merchandise being sold in her hometown.
The film and the future
In 1962, the novel was made into an Oscar-winning film starring Gregory Peck as Atticus Finch. Lee was pleased with the film adaptation, praising Peck's portrayal of the small-town lawyer, and called the film a work of art.
This year, Lee finally gave permission for the novel to be published as an e-book and digital audio edition e-book , saying, "I am amazed and humbled that 'Mockingbird' has survived this long. This is 'Mockingbird' for a new generation."
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This lovely large primary school is a little ray of sunshine on a cloudy day. Situated just north of Romford, the school is surrounded by pleasant landscaped grounds which include a wildlife and pond area and an extensive playing field.
With over 600 pupils on the role, the team of staff work together to provide a broad and balanced curriculum for all the children who attend the school, always taking into account a child's individual needs and levels of development to ensure that each child achieves the highest level of attainment for him/herself.
The Junior department comprises of twelve classrooms, a library, a number of small teaching rooms, the ICT suite, music room, school office and the offices of the Headteacher, Deputy Headteacher and senior teacher.
The school prides themselves on very high standards and only accept the best teachers to join their team. They are committed to raising standards of learning and are a dedicated, friendly and supportive community.
The successful applicant will have a minimum 2 years of teaching at Key Stage 2 level. You must be driven and passionate about what you do and prepared to develop positive relationships between home, school and the wider community.
PROMOTION is available to suitable applicants and career development is of high importance to this school, so you will be in good hands to support your future goals.
Applications close on 4th February, 2013.Interview for the position will be held on 14th February, 2013.Commencement of the position will be 15th April 2013.
The school is committed to safeguarding and promoting the welfare and safety of young people. The successful candidate will be subject to an enhanced criminal records check being undertaken before the position commences.
For more information please contact Luke George at Capita Education Resourcing on 0207 202 0031 or e-mail your CV
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Archive for September, 2016
The robot revolution is coming! So warns a recent prediction that, by 2021, 6% of U.S. workers will see their jobs replaced by robotic automation. Dr. Michio Kaku joins Kennedy on FOX Business to assess the threat — robots in the workplace and advancements in artificial intelligence. And if you still don’t fear for the imminent demise of humankind, how about a giant asteroid headed our way? WATCH NOW!
CBS NEWS science and futurist contributor, Dr. Michio Kaku, joined an all-star panel on CBSN yesterday to discuss the alarming rate of earthquakes rocking the state of Oklahoma. He warned that, if the trend continues as expected, "Oklahoma could go down as the earthquake capital of America." All signs point to the waste water injection activity in the region and especially the escalated volume of waste water involved in the controversial but longstanding practice. Each panelist agreed on the likelihood that the rise in seismic activity is all but certainly man-made. Dr. Kaku warns "When you hamper with Mother Nature, sometimes Mother Nature fights back."WATCH NOW!
With more than a million individual solar panel installations in the United States, the sector is projected to nearly double in size by the end of 2016. Despite encouraging momentum, renewable energy still accounts for only 10 percent of the nation’s power usage. CBS News science and futurist contributor Dr. Michio Kaku joins ‘CBS This Morning’ to discuss key initiatives around the world that are leading the way to new and better energy sources along with the promise of developments here at home that will lead to greater sustainability and energy independence. WATCH NOW!
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The NBA’s amnesty window is open — from now until July 16, teams that haven’t used their one-time amnesty provision since the lockout can wipe one contract off the official books, so long as that is a contract they signed before the lockout.
Which means there are only 13 teams and 34 total players where they amnesty clause is in play. Most of those are not contracts the teams want to get rid of — Al Horford in Atlanta, Rajon Rondo in Boston, LeBron James in Miami, Tony Paker in San Antonio, Kevin Durant in Oklahoma City and so on.
For all the fanfare of the amnesty clause as a “get out of jail free” card, teams generally are cautious to use it. They have to pay the player anyway — amnesty a player and he comes off the official league books but the player still gets paid — so this has to just be a guy you want gone.
Do not expect the Bulls to amnesty Carlos Boozer or the Thunder to use theirs on Kendrick Perkins. In the case of Oklahoma City, GM Sam Presti has said the organization doesn’t believe in the amnesty clause as useful — they are going to have to pay him anyway, they may as well get something for that. The Bulls might amnesty Boozer a year from now when they can open up a lot of cap room to chase free agents, but this year he stays as the Bulls try to make a run.
Here are three other guys to watch:
Metta World Peace, Los Angeles Lakers. This is obvious because it has already been out there that the Lakers are likely to send World Peace on his way. The Lakers could amnesty Kobe Bryant, but there is zero chance of that. They could amnesty Pau Gasol, but he has trade value if they want to move him. World Peace is the odd guy out and letting him go would save the Lakers in excess of $14 million (that number was much higher until Dwight Howard bolted and the Lakers payroll fell).
John Salmons, Sacramento Kings. Salmons is a nice wing player that the Kings oddly gave a large and long contract to. Now they have the just drafted Ben McLemore and they are reportedly in the hunt for Monta Ellis (Atlanta remains the front runner), so why have Salmons in the picture. Salmons is due $7.5 million in 2013-14, and $1 million guaranteed in 2014-15
Charlie Villanueva, Detroit Pistons. This was a bad contract the day it was signed — back then Villanueva had some value but there was no reason to ink a big multi-year deal. Joe Dumars had cap space and he was going to spend it, no matter what. This should be a no brainer. Villanueva is owed $8.58 million next season.
I don’t remember playing tonight. I didn’t play. Guys get a lot of money to be ready to play. No Knute Rockne speeches. It’s your job. If you’re a plumber and you don’t do your job, you don’t get any work. I don’t think a plumber needs a pep talk. If a doctor botches operations, he’s not a doctor anymore. If you’re a basketball player, you come ready. It’s called maturity. It’s your job.
Like it or not, motivation is part of an NBA coach’s job.
But that’s also precisely what Popovich is doing.
His credentials dwarf any other coach’s. He can play to his own ego and absolve himself of responsibility – and players will seek to please him. His years of success have earned him the ability to motivate this way, a method no other coach could use without alienating his team.
So, why not hold Motiejunas to what became a four-year, $31 million offer sheet once matched? Houston got something in return – a later trigger date on guaranteeing Motiejunas’ 2017-18 salary. Originally, that decision had to be made March 1 – which would’ve meant dropping Motiejunas from the team this season to prevent his salary from counting next season. Now, the Rockets can make that call in July, after this season is complete.
The following two Julys, Houston will also have a choice on guaranteeing Motiejunas’ upcoming salary or dropping him.
Essentially, Motiejunas is signing the most lucrative Hinkie Special in NBA history. If he plays well and stays healthy, the Rockets have Motiejunas at an affordable rate. If he struggles or his back injuries flare up, they can drop him with little to no penalty.
After they backed themselves into this corner, Motiejunas and his agent, B.J. Armstrong, didn’t do so bad. Considering the similarity between this contract and the Nets’ original offer sheet, it seems Houston helped Armstrong save face after a bungled free agency (which is easier to accept when you’re adding a talented reserve to a formidable team).
But for how little is guaranteed and how much control the Rockets hold over the next four years, wouldn’t Motiejunas have been better off accepting the $4,433,683 qualifying offer?
This means Motiejunas can’t sign with the Nets, who signed him to the original offer sheet, for one year.
I bet it also means Motiejunas and Houston have agreed to a new contract. Otherwise, why release him from the offer sheet? The Rockets would be giving up a tremendous amount of leverage out of the goodness of their hearts – unless this is just a prelude to a new deal with Houston.
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Metaphysical Rationalism Martin Lin "To try and find out the reason for everything is very dangerous and leads to nothing but disappointment and dissatisfaction." -Queen Victoria The world, according to Spinoza, is an intelligible place. This conviction is reflected in his philosophy in numerous ways. He believes that the order of being and the order of reason mirror each other, as is evident in the way he defines his basic ontological categories both in terms of what inheres in what and what is conceived through what. Moreover, for him, every event is causally determined in accordance with natural laws that are always and everywhere the same. These laws follow from the eternal and infinite essence of God in the same way that the geometrical properties of a triangle follow from its nature. Thus, laws of nature are intelligible in the same way as the objects of geometry are intelligible, and all events conform to this rational order. Spinoza's confidence in the rationality of the world is also reflected in his Principle of Sufficient Reason, which says that if something exists, there is a cause or reason why it exists, and if it doesn't exist, there is an explanation of its nonexistence. Not only does the world have an intelligible structure, but human reason is capable of discovering that structure. We have, in virtue of being modes of God, an adequate idea of the infinite and eternal divine essence that allows us to infer from it the laws of nature as well as the formal essences of singular things. Indeed, reason in the human mind is no different, for Spinoza, than reason in the divine intellect, and our ideas, insofar as they are rational, are indistinguishable from God's own. Reason, for Spinoza, is not only intellectually but morally important as well. Our highest good involves using reason to understand God or nature, ourselves, and our place in nature, which results in enduring happiness. Spinoza in Twenty-First-Century American and French Philosophy122 Moreover, for him, the more rational we become the more powerful we are with respect to mastering ourselves and our environment and the more harmoniously we can live with our fellow human beings. Accordingly, many commentators have seen Spinoza's philosophy as a celebration of reason: its ability to penetrate the metaphysical structure of the world, to reveal the natural order, to bring happiness to the human mind and health to the human body. We could call this conviction in the rational order of existence Spinoza's rationalism. This rationalism, in my view, is a heterogeneous phenomenon. It is a diverse collection of independent doctrines, each one of which expresses a general optimism about reason but none of which are entailed by this optimism. Some commentators, however, have sought to understand Spinoza's rationalism as a more systematic position that can be traced back to a single principle. For example, Michael Della Rocca writes: Spinoza can be seen as a pure philosopher, always seeking explanation, always refusing to be satisfied with primitive, inexplicable notions. This purity is most evident in his commitment to the principle that each fact has an explanation, that for each thing that exists there is an explanation that suffices for one to see why that thing exists. [...] [T]his principle is known as the Principle of Sufficient Reason (PSR). [...] Spinoza employs the PSR more systematically, perhaps, than has ever been done in the history of philosophy.1 To be sure, Spinoza is a pure philosopher who seeks explanations and rejects mysteries and irrational superstition. I have no quarrel with understanding Spinoza in this way. And there can also be no doubt that Spinoza accepts a version of the Principle of Sufficient Reason. Nevertheless, I will argue here that recent commentators such as Della Rocca (and myself in earlier work) have misunderstood Spinoza's Principle of Sufficient Reason and its role in his system. Spinoza does not regard it as demanding an explanation of every fact but only of facts regarding existence and nonexistence. And, with the exception of the necessary existence of God, Spinoza does not derive any other important doctrines in the Ethics by applying the Principle of Sufficient Reason. Moreover, I will consider a number of cases in which commentators have argued that Spinoza could have derived or perhaps did in fact derive, albeit implicitly, doctrines by applying the Principle of Sufficient Reason. I will argue that, in each of these cases, Spinoza did not and indeed could not derive them from his version of that principle. In many cases, I will take Della Rocca's interpretation of Spinoza as my target. Della Rocca has done more than any other commentator to work out the implications of interpreting the Principle of Sufficient Reason as the engine Metaphysical Rationalism 123 behind Spinoza's philosophy. Because of the great ingenuity, philosophical acumen, and wit with which Della Rocca develops his interpretation, I think it is very well worthwhile to engage with it in detail, even if, in the end, I think that it is deeply mistaken. I. Spinoza's Principle of Sufficient Reason In the course of arguing for the necessary existence of God in E1p11d2, Spinoza claims that there is a cause or reason for the existence of everything that exists as well as a cause or reason for the nonexistence of everything that does not exist. Although Spinoza himself doesn't use the term, I think that we can fairly call this a Principle of Sufficient Reason. It demands a sufficient reason for a broad topic-neutral domain: facts about existence and nonexistence (existential facts hereafter). And Spinoza believes that we can learn an important truth by applying it: that God necessarily exists. These two features alone justify calling it a Principle of Sufficient Reason. But we should take care not to confuse Spinoza's Principle of Sufficient Reason with similar principles held by other philosophers. In particular, we should take care not to confuse Spinoza's Principle of Sufficient Reason with that of Leibniz, the philosopher who introduces the term into philosophical discussion and who is perhaps most associated with it. For Leibniz, the Principle of Sufficient Reason is not restricted to existential facts. Rather every truth, every fact, and every event has a sufficient cause or reason.2 What is more, Leibniz boldly declares that it is one of two great principles of all our reasoning, the other being the Principle of Contradiction, and he attempts to solve a wide variety of philosophical problems by deploying it. Spinoza, on the other hand, tucks his Principle of Sufficient Reason away in an alternative demonstration to E1p11, using it only once, to prove the necessary existence of God, never to mention it again. This in itself does not establish that it does not play an important but implicit role in his thinking, but it does shift the burden of proof onto those who wish to argue that it is at work throughout Spinoza's philosophy. Suffice it to say for now that Spinoza presents his Principle of Sufficient Reason very differently and much more modestly than, for example, Leibniz does. Later we will consider more closely the possibility that it plays a greater role behind the scenes. First, however, we must clarify what Spinoza's Principle of Sufficient Reason says. What is its scope? What is a cause or reason? It might appear that the principle applies to substances and modes because those are the things the Spinoza in Twenty-First-Century American and French Philosophy124 existence of which requires explanation. But this cannot be right because the principle applies to the non-existence of substances and modes as well. In the case of nonexistence, there are no substances or modes to receive a cause or reason. What then has a cause or reason in cases of nonexistence? Presumably, it is the fact that the substance or mode does exist. And this account smoothly extends to the case of existence as well. If a substance or mode exists, then there is a cause or reason for the fact of its existence. (Beware. There is no reason, at least at this point, to reify these facts. If you like, think of causes or because as sentential operators and not two-place predicates.) Some commentators have alleged that Spinoza's Principle of Sufficient Reason is unusually strong because it applies not just to facts about existence but also to facts about nonexistence.3 This is misleading. Leibniz, for example, thinks that all facts require a cause or reason.4 This entails that facts about nonexistence require a cause or reason. Therefore, Leibniz's Principle of Sufficient Reason is stronger than Spinoza's because while Leibniz's entails Spinoza's, the converse does not hold. Moreover, there are many facts that do not pertain to existence or nonexistence, and Leibniz's Principle of Sufficient Reason requires these facts to have a cause or reason but Spinoza's does not. Furthermore, every universal generalization being logically equivalent to a negative existential (i.e., that all ravens are black is logically equivalent to the claim that there does not exist a nonblack raven), any Principle of Sufficient Reason that applies to universal generalizations ipso facto applies to negative existentials as well. Thus, Spinoza's Principle of Sufficient Reason could only be stronger than a Principle of Sufficient Reason that did not apply to universal generalizations, which would be a very weak Principle of Sufficient Reason indeed. Many recent commentators have thought that, contrary to what I have just said, Spinoza's Principle of Sufficient Reason extends not just to facts about existence and nonexistence but to all facts.5 Indeed, although I now reject it, I myself have previously defended such an interpretation. Although this appears to outrun Spinoza's text by a wide margin, there is an apparently cogent argument to the effect that if the Principle of Sufficient Reason applies to all existential facts, then it applies to all facts without restriction.6 The argument for this flawed conclusion proceeds as follows. Modes are substances insofar as they satisfy some condition. Any condition satisfied by a substance grounds the existence of some mode. The existence of a mode requires a cause or reason. Thus, for facts about a substance's existence (i.e., for facts about a substance satisfying some condition) there is a cause or reason. But every fact entails the existence of a mode. This is because for any fact we can abstract a condition from it by means Metaphysical Rationalism 125 of the being such device. The claim that mastodons are bigger than dodo birds does not appear to be a claim about the existence or nonexistence of things. (It is not, for example, equivalent to the statement that there does not exist a mastodon that is not bigger than a dodo. Even if there were a dwarf-mastodon that was smaller than a dodo or if mastodon-fetuses were smaller than fullgrown dodos, it would still be true that mastodons are bigger than dodos.) But nonetheless we can abstract a condition from it that is satisfied by God: being such that mastodons are bigger than dodo birds. Because every condition that God satisfies determines a mode to exist, this fact is determined by something that requires a cause or reason. The fact that mastodons are bigger than dodos is nothing over and above the mode that exists in virtue of God being such that mastodons are bigger than dodos. For this reason, if the existence of every mode requires a cause or reason then every fact requires a cause or reason. This argument rests on the false assumption that every condition satisfied by a substance determines the existence of a mode. Every condition cannot be a modemaker. This is because conditions are cheap and abundant and so do not obey the strictures placed on modes by Spinoza. For example, if every condition were a modemaker, then there would be modes that splayed across multiple attributes in an unacceptable way. For example, being such that a body exists and a mind exists is a condition satisfied by God. But if this condition were a modemaker, then there is a mode that is not fully conceivable under a single attribute. Every mode can be fully conceived under a single attribute and thus this condition cannot be a modemaker. There must be, therefore, a distinguished class of conditions that are modemakers. For example, it would be plausible to assume that, for Spinoza, the modemaking conditions are natural, attribute-bound, and non-relational. There must be other conditions as well. For example, God satisfies the condition is infinite but there is presumably no mode that is God insofar as he is infinite. If there were, would it be a mode of extension, a mode of thought, or a mode of some other attribute? None of these answers seem acceptable. But neither would it be acceptable to answer that it is a mode but not a mode of any attribute. Thus, the condition is infinite cannot be a modemaker. Spinoza is not explicit about how the modemaking conditions are restricted. I suspect, however, that the modemaking conditions for finite modes under the attribute of extension are those that result in the existence of bodies, and the modemaking conditions under the attribute of thought result in the existence of ideas that represent those bodies. The modemaking conditions for infinite modes will be those that result in the laws of nature and "the whole of nature" that has all finite modes as parts discussed in Lemma 7 of Spinoza in Twenty-First-Century American and French Philosophy126 the Short Physical Digression following E2p13s. There are many truths that do not determine the existence of bodies, the ideas that represent them, the laws that govern them and those ideas, and the whole that those bodies and ideas compose. Thus, there are many truths that are not within the scope of Spinoza's Principle of Sufficient Reason. Before looking at alleged uses of Spinoza's Principle of Sufficient Reason, let us first consider a useful distinction made by Leibniz between different ways that a class of truths can relate to it.7 First of all, the Principle of Sufficient Reason can apply to a certain class of truths. These are the truths that instantiate the principle. Leibniz, for example, holds that the Principle of Sufficient Reason applies to every truth, and Spinoza thinks that it applies to existential truths. These are the truths that have a sufficient reason. Second, the Principle of Sufficient Reason can ground a class of truths. For example, for Leibniz, all contingent truths are grounded by the Principle of Sufficient Reason in the sense that they are true because the Principle of Sufficient Reason is true.8 Although, for him, necessary truths have a sufficient reason, they are not grounded by it. Thus, the class of truths that are grounded by the Principle of Sufficient Reason is, for Leibniz, a subset of the class of truths to which it applies. Spinoza never explicitly tells us that any truth is true in virtue of the truth of the Principle of Sufficient Reason. The one truth to which he explicitly applies it, the existence of God, is a case of a truth that does not depend upon the truth of the Principle of Sufficient Reason. God, Spinoza tells us, is self-caused. That is to say, he exists entirely in virtue of his nature or essence. Assuming that the Principle of Sufficient Reason is not part of God's nature, his existence does not depend on it. Third, there are truths that can be learned by applying the Principle of Sufficient Reason.9 Leibniz, for example, thought that we could prove the existence of God, the Principle of Identity of Indiscernibles, the relationality of space, and the nonexistence of atoms by applying the Principle of Sufficient Reason. (It is worth noting that some of the truths that we can learn from the Principle of Sufficient Reason, according to Leibniz, do not depend upon it. For example, the necessary existence of God can be learned by applying the Principle of Sufficient Reason but it is a necessary truth and hence, for Leibniz, it depends not on the Principle of Sufficient Reason but on the Principle of Contradiction.) Spinoza only ever explicitly tries to derive the necessary existence of God from the Principle of Sufficient Reason but some commentators, most notably Della Rocca, have argued that Spinoza arrives at many other elements of his system by applying the Principle of Sufficient Reason, albeit "off-stage" as it were. We will consider some of those claims in this chapter with an eye toward determining the extent Metaphysical Rationalism 127 to which the Principle of Sufficient Reason plays role in Spinoza's system beyond what is manifest in his official demonstrations. I think it's fair to say that of the three relations that the Principle of Sufficient Reason can bear to a class of truths-applying to, grounding, and allowing us to discover-the latter two are, in many respects, more interesting and important than the first. So long as a philosopher admits that anything has an explanation, she will accept that the Principle of Sufficient Reason applies to some truths so long as that principle is understood in a suitably restricted way. Thus, merely thinking that everything (suitably restricted) has an explanation is not enough to make a philosopher an adherent of the Principle of Sufficient Reason in any interesting sense. The more permissive or topic-neutral the restriction, however, the more such a principle looks like something deserving to be called a Principle of Sufficient Reason. But such a principle becomes even more philosophically significant if it can be used as an instrument of discovery or if it grounds certain truths. As we have seen, Spinoza's Principle of Sufficient Reason is restricted in a topic-neutral way. It applies to existential truths. In what follows, we will look to see what philosophical doctrines can be learned by applying it and if Spinoza thinks that any philosophically interesting truths are grounded by it. II. Necessitarianism Philosophers have often thought that commitment to the Principle of Sufficient Reason leads to necessitarianism, the doctrine that every truth is necessarily true,10 and most commentators believe that Spinoza is both committed to the Principle of Sufficient Reason and a necessitarian.11 Is he motived to be one by his commitment to the Principle of Sufficient Reason? It is worth noting that Spinoza's explicit statement of necessitarianism is more restricted than is usually supposed. For example, it is often alleged that Spinoza believes that every truth is necessary.12 In fact, the only things that E1p29 says are necessary are the existence of modes and their actions. E1p33 also states that the order and connection of things is necessary. Thus, it appears that, in those texts, he commits himself only to the necessity of the following classes of truths: (1) existential truths; (2) causal truths; and (3) what we might call "structural truths," that is, truths about the order and connection of things. To be sure, Spinoza may believe or have reason to believe that other truths are necessary as well but those truths are not the subject of E1p29 and E1p33, and we cannot Spinoza in Twenty-First-Century American and French Philosophy128 assume without argument that his conclusions there generalize further. I cannot pursue this issue further here and will leave it as an open question. Why does Spinoza believe that existential, causal, and structural truths are necessary and does the Principle of Sufficient Reason play any role in his thinking? Let us look more closely at E1p29 and its demonstration, which read: In nature there is nothing contingent, but all things have been determined from the necessity of the divine nature to exist and produce an effect in a certain way. [E1p29] Whatever is, is in God (by E1p15); but God cannot be called a contingent thing. For (by E1p11) he exists necessarily, not contingently. Next, the modes of the divine nature have also followed from it necessarily and not contingently (by E1p16)-either insofar as the divine nature is considered absolutely (by E1p21) or insofar as it is considered to be determined to act in a certain way (by E1p28). Further, God is the cause of these modes not only insofar as they simply exist (by E1p24c), but also (by E1p26) insofar as they are considered to be determined to produce an effect. For if they have not been determined by God, then (by E1p26) it is impossible, not contingent, that they should determine themselves. Conversely (by E1p27) if they have been determined by God, it is not contingent, but impossible, that they should render themselves undetermined. So all things have been determined from the necessity of the divine nature, not only to exist, but to exist in a certain way, and to produce effects in a certain way. There is nothing contingent, q.e.d. [E1p29d] This argument for necessitarianism with respect to existential and causal truths (ECN) can be summarized as follows: (1) Everything is either God or a mode of God. (E1p15) (2) The existence of God is necessary. (E1p11) (3) The existence of the modes is necessitated by the existence of God. (E1p16) (4) Whatever follows from something necessary is itself necessary. (suppressed premise) (5) The existence of the modes is necessary. (From 3 and 4) (6) Causal relations between the modes are necessitated by the existence of God. (E1p26) (7) Causal relations between the modes are necessary. (From 4 and 5) (8) No substance or mode exists contingently and no casual relation obtains between contingently. (From 1, 2, 5, and 7) The Principle of Sufficient Reason is not a premise of this argument and so it appears that Spinoza does not arrive at his necessitarianism by means of it. Of course, the Principle of Sufficient Reason is a premise of Spinoza's argument for Metaphysical Rationalism 129 the necessary existence of God, premise (2). But the necessary existence of God alone does not establish that every existential and causal truth is necessary. Many theists coherently believe that God exists necessarily but that not everything else exists and acts necessarily. Thus, although it is true that the argument for necessitarianism with respect to existential and causal truths depends on the Principle of Sufficient Reason to the extent that Spinoza's argument for the necessary existence of God depends upon the Principle of Sufficient Reason, the claim that Spinoza's necessitarianism depends on the Principle of Sufficient Reason suggests a much more extensive connection than that. Apart from their connection to the necessary existence of God, do any of the other premises of the argument for necessitarianism with respect to existential and causal truths rely on or entail the Principle of Sufficient Reason? The first premise, everything is either God or a mode of God, follows from the fact that everything is either a substance or a mode and that there is only one substance, namely, God. Spinoza's argument for substance monism does not rely upon the Principle of Sufficient Reason. Rather, it depends on the assumption that there cannot be more than one substance with a given attribute. Although some commentators, including Della Rocca,13 have seen this premise as deriving from the Principle of Sufficient Reason via the Principle of Identity of Indiscernibles, it does not, as I will argue later in this paper. Does the claim that everything is a substance or a mode entail the Principle of Sufficient Reason? It might be argued that it does by claiming that conceiving implies explaining (CIE): (1) A substance is conceived through itself. (E1d3) (2) A mode is conceived through the substance in which it inheres. (E1d5) (3) Everything is a substance or a mode. (E1p4d) (4) Everything is conceived through something. (From 1, 2, and 3) (5) For all x and all y, if x is conceived through y, then x is explained by y. (6) Therefore, everything is explained by something. (From 4 and 5) Despite first impressions, the conclusion (6) is not Spinoza's Principle of Sufficient Reason nor does the Principle of Sufficient Reason entail it. This is because Spinoza's Principle of Sufficient Reason requires explanations for facts about nonexistence, which are neither substances nor modes, and thus fall outside of the domain of Spinoza's quantifiers. For this reason, the conclusion (6) could be true even if Spinoza's Principle of Sufficient Reason is false.14 Nevertheless, it does establish the positive part of the Principle of Sufficient Reason and thus could be viewed as partial support of it. For this reason, it is worth asking whether or not it is a genuinely Spinozistic argument. Spinoza in Twenty-First-Century American and French Philosophy130 The credentials of premises 1–4 above are beyond dispute, but what about premise 5? Della Rocca has argued that a number of texts seem to imply that if x is conceived through y, then x is understood through y.15 If we also assumed that if x is understood through y, then y explains x, we would have (5): For all x and all y, if x is conceived through y, then x is explained by y. The relevant texts do not, however, strongly support Della Rocca's contention. The first text called upon by Della Rocca is E1a5, which says: Things that have nothing in common with one another also cannot be understood [intelligi] through one another, or the concept of the one does not involve the concept of the other. [E1a5] In this text, Spinoza appears to equate understanding one thing through another with conceiving one thing through another. If we assume that understanding is the state produced by successful explanation, then we might think that Spinoza is equating conceiving one thing through another with explaining one thing through another. But the Latin word intelligere, like the English understand, can be used to express meanings that have no connection to explanation. For example, it can mean "to grasp," as in grasping a meaning or a concept. According to this usage, if I say that bachelorhood is partially understood (i.e., intelligi) through being unmarried, that is to say, the concept of bachelorhood involves the concept of being unmarried, I am not asserting any equivalence between x is conceived through and x is explained by. I am merely asserting that the concept of a bachelor involves the concept of being unmarried. Likewise, a natural interpretation of 1a5 is that one thing can be grasped in thought by grasping something else in thought only if the concept of the one involves the concept of the other. Thus, this text does not appear to offer much evidence in favor of premise (5) of the claim that conceiving implies explaining. Another piece of putative evidence for premise (5) is that Spinoza sometimes says that substances are conceived under an attribute, and in other texts Spinoza says that substances are explained by their attributes. Della Rocca alleges this is because being conceived by and being explained by [explicatur] are the same relation.16 But this inference is hasty. First of all, it would not be particularly surprising if substance and its attributes simply stood in more than one relation. Moreover, it is not clear that explicatur means is explained by in this context. It can also be translated as is conveyed by, is exhibited by, and is expressed by. I argue elsewhere that the attributes are the essence of a substance, which is conceived under various guises.17 But Spinoza, like many seventeenth-century Metaphysical Rationalism 131 philosophers, isn't always careful about distinguishing a thing from the concept of that thing. Consequently, he doesn't always clearly distinguish the essence, which is conceived under a guise, and the guise under which it is conceived. I am inclined, therefore, to think that when Spinoza says that substance is both conceived under and exhibited by the attributes, he means that our cognitive grasp of substance is mediated by the guise by means of which it is presented to our intellect. But this does not imply that to conceive of something is to have an explanation of it in the sense of knowing its cause or reason. Therefore, these texts do not provide evidence in favor of premise (5): for all x and all y, if x is conceived through y, then x is explained by y. Della Rocca also cites E2p7s, where Spinoza writes: The formal being of the idea of the circle can be perceived [percipi] only through another mode of thinking, as its proximate cause, and that mode again through another, and so on, to infinity. [E2p7s] Why does Spinoza say that we can "perceive" something only through a cause? A possible answer is that perceives means conceives and conceives means explains. Then Spinoza would just be saying that we can explain something only through a cause, which is a sensible doctrine. But that conceives means explains is an unnecessary hypothesis in this context. In Latin, percipere can mean to understand. Thus, in this text, Spinoza simply means that things are understood through their causes. Della Rocca points out that Spinoza sometimes uses percipere and concipere interchangeably (e.g., E2p38d or E2p49s). But this shows very little because percipere is a word with several meanings including both to understand and to conceive. What remains to be shown is that Spinoza is using it to express the same meaning in both contexts and there is no evidence from E2p7s or elsewhere that this is the case. I conclude that the textual basis for attributing to Spinoza premise (5) of the claim that conceiving implies explaining is slight. Let us now consider premise (3) of the argument for necessitarianism with respect to existential and causal truths, which says that the modes are necessitated by the necessary existence of God. Does it rest upon the Principle of Sufficient Reason? Spinoza argues for this claim in the demonstration to 1p16 where he attempts to show that the world is produced by God. He argues for this by saying that God is infinitely real and the more reality a thing has, the more things follow from its essence. Therefore, infinitely many things follow from God's essence. What Spinoza means by these dark sayings is far from clear but Della Rocca thinks that Spinoza is committed to the claim that God is Spinoza in Twenty-First-Century American and French Philosophy132 infinitely real by his commitment to the Principle of Sufficient Reason.18 (Della Rocca's statement of the argument relates somewhat loosely to the text so, in what follows, I have adapted his formulation to bring it closer to the letter of E1p16d.) Spinoza, Della Rocca notes, equates reality with power. If there were a possible mode that did not follow from God's nature, then there must be, by the Principle of Sufficient Reason, a cause or reason for the fact that it doesn't. There is no other substance that could prevent it following from God's nature and no mere mode could prevent it. There is, therefore, no possible explanation for this lack and thus it is impossible. Della Rocca concludes that every possible mode follows from God's nature, that is, God has the greatest possible degree of reality. Della Rocca's argument is not Spinozistic because it assumes that there must be a cause or reason for facts of the form substance S does not have power P. This is not an existential truth and so Spinoza's Principle of Sufficient Reason does not require a cause or reason for it. Indeed, it is open to doubt that any sensible Principle of Sufficient Reason could demand an explanation of such truths. To see this, suppose that God lacked the power to cause some possible mode m. If God lacked this power, then his essence would not necessitate m. But because God's essence and power are one and the same, God lacking a power that he actually has is the same thing as having a different essence than he actually has. Thus, saying that if God lacked a power there would have to be an explanation of this lack is the same as saying that if God had a different essence there would have to be an explanation of this fact. But if it were legitimate to demand an explanation why God has the essence he would have if his essence were different, then it would be legitimate to demand an explanation of the fact that God has the essence that he actually does. To ask why something has the essence that it does is thus tantamount to asking why something is what it is. Consider the essentialist truth that gold atoms are gold atoms in virtue of having atomic number 79. This fact explains why atoms with atomic number 79 are gold atoms. But suppose someone wanted an explanation of this truth and asked, why are gold atoms what they are in virtue of having atomic number 79? There is no explanation of this fact. Having atomic number 79 is just what it is to be a gold atom. Similarly, there is no explanation of the fact that God has the powers that he does. Having such power is just what it is to be God.19 Let us now consider premise (6) of the argument for necessitarianism with respect to existential and causal truths, which says that the causal relations in which the modes stand follow from the divine nature. Why does Spinoza believe this? In causing the existence of the modes, God ipso facto realizes their essences Metaphysical Rationalism 133 because, as previously mentioned, the realization of an essence is the satisfaction of the necessary and sufficient conditions for the existence of a thing.20 The essence of a thing determines its causal powers, which in turn determines a thing's actions and its role in the natural order.21 The causal powers of a thing determine its actions because Spinoza defines action in terms of causation. Insofar as a thing produces an effect in virtue of its essence alone, it acts.22 In contrast, passions are changes in a mode's state that are determined by its own essence under the influence of external causes.23 These external causes act on the modes in virtue of their essences. Thus, the behavior of one who suffers passions is determined by its essence and the essence of external causes.24 Note that both actions and passions are fully determined by the essences of things taken together. Jointly the actions and passions of all the modes constitute the order and connection of nature. Thus, in explaining the existence of the modes, God thereby also explains the actions of the modes and the causal order that they manifest. And yet, premise (6) does not follow from Spinoza's Principle of Sufficient Reason. Rather it is dictated by Spinoza's conception of causation, the relationship between God and his modes, and the relationship between existence and essence. He argues for it in E1p26 and E1p26d, where he says: A thing which has been determined to produce an effect has necessarily been determined in this way by God. [E1p26] That through which things are said to be determined to produce an effect must be something positive (as is known through itself). And so, God, from the necessity of his nature, is the efficient cause both of its essence and of its existence (by E1p25 and E1p16). [E1p26d] Spinoza's reasoning for this argument can be paraphrased thus: (1) A mode is determined to produce an effect through something positive. (2) The only positive things that could determine a mode to produce an effect are the existence and the essence of the mode. (3) God determines both the existence and the essence of things. (E1p16 and E1p25) (4) If x determines y and y determines z, then x determines z. (5) Therefore, a mode is determined to produce an effect by God. This argument does not have Spinoza's Principle of Sufficient Reason as a premise. Does Spinoza arrive at any of them by applying the Principle of Sufficient Reason? It would appear not. Spinoza says premise (1) is known through itself. Premise (2) is a suppressed premise, the falsity of which appears Spinoza in Twenty-First-Century American and French Philosophy134 compatible with Spinoza's Principle of Sufficient Reason. Premise (3) derives from E1p16, which we have seen does not rely on the Principle of Sufficient Reason and E1p25, which is a direct consequence of E1p16. The falsity of premise (4) also appears compatible with the truth of the Principle of Sufficient Reason because it is coherent to think that every existential fact has an explanation but that explanation is not transitive. Consequently, premise (6) of the argument for necessitarianism with respect to existential and causal truths is neither learned through nor grounded by the Principle of Sufficient Reason. We must conclude that Spinoza's argument for necessitarianism does not depend on his Principle of Sufficient Reason beyond the role it plays in establishing premise (3), the necessary existence of God. It is worth considering, nevertheless, whether Spinoza's Principle of Sufficient Reason might commit him to necessitarianism for other reasons. Consider the following well-known argument for necessitarianism from the Principle of Sufficient Reason25: (1) There are contingent truths. (Assumption for reductio) (2) There is a cause or reason for every truth. (The Principle of Sufficient Reason) (3) p, the conjunction of every contingent truth, is contingent. (4) There is a cause or reason for p. (From 2) (5) The cause or reason of p is either a truth that is either contingent or necessary. (6) If it is contingent, then some contingent truth explains itself. (7) No contingent truth explains itself. (8) If it is necessary, then p is necessary. (9) Therefore, there are no contingent truths. Notice that if we substitute Spinoza's Principle of Sufficient Reason, that there is a cause or reason for every existential truth, for (2), we will not be able to derive the conclusion. This is because not every contingent truth is existential (e.g., mastodons are bigger than dodos) and so the conjunction of every contingent truth is not existential. Consequently, Spinoza's Principle of Sufficient Reason does not tell us whether or not p has an explanation. III. The Identification of Existence and Conceivability Spinoza thinks that something exists if and only if it is conceivable.26 Della Rocca has argued that we can understand Spinoza's commitment to the equivalence of Metaphysical Rationalism 135 existence and conceivability as stemming from two commitments, both of which derive from the Principle of Sufficient Reason.27 One is that existence cannot be brute and primitive and must instead be explained in terms of something else. Fortunately, according to Della Rocca, Spinoza can explain existence in terms of conceivability. The other is that existence is identical to conceivability. It is not clear that these two claims are consistent: if existence is identical to conceivability and is explained by conceivability, then existence is explained in terms of existence, which Della Rocca explicitly denies when he says that, for Spinoza, existence must be explained in terms of something else. I am not sure how to resolve this tension, and so I will focus on each of these claims separately, beginning with the claim of identity. Della Rocca begins by noting that in E1p20, Spinoza says that the same attributes that explain God's essence also explain his existence and therefore his essence and existence are one and the same. Della Rocca discerns in this inference the following principle: ● If there is no difference in the things that a and b are explained by, then a and b are identical.28 He thinks that this principle follows from the Principle of Sufficient Reason because nonidentity would be brute if two things were different despite being explained by all the same things. God's essence is given by his definition, which says that he is an absolutely infinite substance. Substances in turn are defined as things that are conceived through themselves. God's essence, Della Rocca concludes, is his conceivability. Thus, God's essence is identical to his conceivability. God's essence is identical to his existence. Thus, God's existence is identical to his conceivability. Next Della Rocca argues that the existence of modes too is identical to conceivability. If, in the case of modes, existence and conceivability are different, then, by the Principle of Sufficient Reason, it cannot be a brute fact that they are different. But their existence and conceivability are necessarily coextensive. Della Rocca asserts that given their necessary coextensiveness, nothing could explain their difference. Therefore, Spinoza is under pressure from the Principle of Sufficient Reason to identify them. But the identification of existence and conceivability would make it possible to infer, from certain Spinozistic doctrines, claims that Spinoza would reject. For example, in E1d1, Spinoza says: By cause of itself I understand that whose essence involves existence, or [sive] that whose nature cannot be conceived except as existing. [E1d1] Spinoza in Twenty-First-Century American and French Philosophy136 If Della Rocca is correct and existence and conceivability are identical, then we ought to be able to paraphrase E1d1 by substituting "conceivable" for "existing": By cause of itself I understand that whose essence involves existence, or [sive] that whose nature cannot be conceived except as conceivable. The resulting paraphrase defines self-causation as having an essence that must be conceived as conceivable. Thus, anything that is not self-caused must have an essence that can be conceived of as inconceivable. Any actually existing mode has an essence that is conceivable, but do any of them have essences that can be conceived of as inconceivable? What would it mean to conceive of a conceivable essence as inconceivable? To conceive of something x that is actually F being not-F is to conceive of x as not-F. The problem here is not the Berkeleian point that if F denotes being conceivable, we cannot conceive of it as unconceived because we are conceiving of it. The Berkeleian point is a mistake that results from confusing properties of the representation with represented properties. Rather, the problem is that finite modes are not conceived through their essence alone but through their essence in conjunction with the substance in which they inhere. And so, to conceive of the essence of a mode as inconceivable would be to conceive of something that is either actually self-consistent as possibly inconsistent or actually consistent with the divine essence as inconsistent with the divine essence. Both are impossible because essences are such that they are self-consistent or consistent with another necessarily. We are thus forced to conclude that every conceivable thing is self-caused. But Socrates is conceivable, and so Socrates must be self-caused. This consequence is unacceptable to Spinoza because he thinks that no finite mode is self-caused. Given this, Spinoza must acknowledge a distinction between conceivability and existence on pain of contradiction. What about Della Rocca's claim that the necessary coextensiveness of existence and conceivability puts pressure on Spinoza to identify them? Even if these relations were coextensive or even necessarily coextensive, I do not think that this would put pressure on Spinoza to conclude that they were identical. Della Rocca thinks that relations and properties that are necessarily coextensive are either the same or their difference is brute. Thus, he thinks that Spinoza must individuate relations and properties intensionally. But if Spinoza is a necessitarian (although I have only argued for a restricted necessitarianism here, I believe, as many commentators do, that Spinoza's necessitarianism is unrestricted), intensions collapse into extensions. An extensional principle of individuation for properties is exceedingly coarse-grained. Consider the properties of having Metaphysical Rationalism 137 a heart and having kidneys. These properties are coextensive because every creature with a heart also has kidneys and vice versa, and yet having a heart is manifestly not the same as having kidneys. Seeking greater fineness of grain, many philosophers appeal to intensional notions. An intension is a function from possible worlds to extension. Thus, while "having a heart" and "having kidneys" have the same extension, they have different intensions because there are possible creatures with hearts but not kidneys and vice versa. The way of intensions is not open to Spinoza because as a necessitarian there is only one possible world and so there is no difference between extension and intension. Unless Spinoza is stuck with such a coarse-grained conception of properties that he cannot tell the difference between having a heart and having kidneys, he will need hyperintensional notions, that is, notions that differ despite having the same intensions (and, a fortiori, the same extensions). Della Rocca assumes a difference in properties must either be explained by a difference in intension or be seen as brute and inexplicable, neglecting the possibility that the difference is explained by a difference in hyperintension. Furthermore, the version of the Principle of Sufficient Reason that Della Rocca's argument requires rules out any brute facts, including brute facts about the identity and nonidentity of properties. Spinoza's Principle of Sufficient Reason, however, does not require explanations for facts about the identity and nonidentity of properties, only for facts about existence and nonexistence. As such, it does not put any pressure on him to identify necessarily co-extensive properties even granting that such an explanation would be impossible. Let us now consider Della Rocca's claim that conceivability explains existence; things exist in virtue of being conceivable. I suppose that there is a sense in which this is true, but it also runs the risk of flattening the difference between what is self-caused and what is not. God's existence is fully explained by his essence. Thus, in a way, his existence is explained by his conceivability. What is the explanation of the existence of any mode? It is partially explained by the fact that it is conceivable and partially explained by the fact that God has infinite reality and thus every conceivable thing follows from his nature. It is true that, for an intellect that adequately grasps all things, the nonexistence of any actually existing mode would be inconceivable. But it wouldn't exist simply in virtue of being conceivable but rather being conceivable through a substance that is infinitely real. To be sure, such an absolutely real substance is the only conceivable substance and thus any conceivable mode is conceived through such a substance. Nevertheless, if someone were to ask why a given mode exists, and she was told it was because it was conceivable, she would not have the complete Spinoza in Twenty-First-Century American and French Philosophy138 explanation unless she also was told that it is conceivable through a necessary being that has infinite reality. To the extent that this latter information is an indispensable part of the explanation, the existence of the modes is not fully explained in terms of mere conceivability. IV. The Identity of Indiscernibles Some commentators have thought that Spinoza is motivated to accept his version of the Principle of Identity of Indiscernibles because he accepts the Principle of Sufficient Reason.29 In E1p5d, Spinoza says that "if there were two or more distinct substances, then they would have to be distinguished from one another either by a difference in their attributes or by a difference in their affections." Spinoza's reasons for believing this are unclear. He cites E1p4, which says that if two distinct substances are distinguished, then they are distinguished by a difference in attribute or mode. But that proposition makes only a conditional claim and does not say that distinct substances must be distinguished, which is required by the Principle of Identity of Indiscernibles. Neither does the demonstration of E1p4 offer any insight because it focuses exclusively on the question of what entities are available to distinguish different substances and does not address the question of whether or not different substances must be distinguished in the first place.30 Does Spinoza implicitly rely on more cogent reasoning to arrive at his Principle of Identity of Indiscernibles? It is tempting to think that the Principle of Sufficient Reason plays a role here because it is sometimes alleged that the Principle of Sufficient Reason entails the Principle of Identity of Indiscernibles and Spinoza undoubtedly accepts a version of the Principle of Sufficient Reason. How does the Principle of Sufficient Reason entail the Principle of Identity of Indiscernibles? Typically, something like the following argument is invoked.31 Call a truth an identity if it results from an object satisfying an identity predicate such as is identical to B or is not identical to B. Call a truth a qualitative truth if it results from an object satisfying a purely qualitative predicate, which is a predicate that is not formed using any device of direct reference such as a proper name or a demonstrative. There is an explanation of every truth (i.e., the unrestricted Principle of Sufficient Reason). Therefore, there is an explanation for every identity. The only thing that can explain an identity is a qualitative truth. If qualitative truths explain identities, then, for any objects A and B, if A and B satisfy all the same qualitative predicates, then they satisfy all the Metaphysical Rationalism 139 same identity predicates. Suppose for reductio that there were two distinct yet indiscernible objects A and B. A and B satisfy all the same qualitative predicates because they are indiscernible. Thus, they satisfy all the same identity predicates. But this is contrary to the supposition that they are distinct. Therefore, there are no two distinct yet indiscernible objects. But the version of the Principle of Sufficient Reason used in this argument is not Spinoza's. To see this, suppose there were two indiscernible yet numerically distinct substances A and B. It is true that A is not B and B is not A. Suppose further that there is no explanation why A is not B. Does this scenario violate Spinoza's Principle of Sufficient Reason? Spinoza's Principle of Sufficient Reason only requires an explanation of the existence of A and the existence of B and therefore it requires an explanation of the fact that A is not B only if this fact is identical to an existence fact. But this cannot be because identity is not existence. To see this, consider the fact that we cannot replace every sentential clause concerning identity with a clause concerning existence salva veritate. For example, we consider the following true statement: If the tallest man is six feet tall, then the youngest man is six feet tall because the tallest man is identical to the youngest man. There is no sentence that concerns existence alone that can replace the sentential clause following the "because" salva veritate. For example, even supposing the original sentence is true, the following is false: If the tallest man is six feet tall, then the youngest man is six feet tall because the tallest man exists and the youngest man exists. Indeed, it is far from clear that any version of the Principle of Sufficient Reason entails the Principle of Identity of Indiscernibles. The argument for the Principle of Identity of Indiscernibles from the Principle of Sufficient Reason considered earlier must assume that identities are grounded by qualitative truths. Otherwise, the nonidentity of A and B could be explained by the fact that, necessarily, A is not B or that it is part of A's essence that A is not B or that it is a conceptual truth that A is not B. Or the A is not B in virtue of A's haecceity. Thus, identities could have explanations even if the Principle of Identity of Indiscernibles is false. Only when we make that further assumption that identity truths are grounded by qualitative truths do we get the Principle of Identity of Indiscernibles. But this assumption is sufficient all by itself to derive the Principle of Identity of Indiscernibles and indeed is logically equivalent to it.32 The Principle of Sufficient Reason is completely otiose in this argument. Although it is a somewhat philosophically disappointing conclusion, the available evidence strongly suggests that Spinoza puts his Principle of Identity of Indiscernibles into his system by hand rather than deriving it from more Spinoza in Twenty-First-Century American and French Philosophy140 basic principles. There is no textual evidence to support the contention that he derives it from his Principle of Sufficient Reason, and there are no philosophical considerations that would lead us to conclude that he should or could derive it from that principle. Conclusion For Spinoza, the world is an intelligible place. The existence and nonexistence of everything have a cause or reason. What is more, this cause or reason is sufficient for it. Given the cause or reason, it either must exist or couldn't exist. This is his Principle of Sufficient Reason. But there are other ways in which the world is intelligible as well. Everything has an essence that fully determines a complete set of intrinsic properties, causal powers, and actions. The interaction of the essences fully determines the complete set of passive affects or passions found throughout nature. These causal relations are subsumed under exceptionless laws. Moreover, these laws, essences, and intrinsic properties are knowable by us. The eternal and infinite essence of God is known to us in virtue of the fact that our natures are finite expressions of God's essence and thus we have an adequate idea of it. Every idea that follows from an adequate idea is itself adequate. The laws of nature are infinite modes and as such follow from the absolute nature of God. Thus, we can have an adequate idea of them. The essences of singular things also follow from the absolute nature of God and we so can know them too. Moreover, the intrinsic properties of things which are common to everything falling under the same attribute are equally in the part as in the whole and thus we can have adequate knowledge of them as well. I have argued that there are many facts to which Spinoza's Principle of Sufficient Reason does not apply. Are these facts brute or unintelligible? For example, the fact that causation is distinct from conception is not within the scope of Spinoza's Principle of Sufficient Reason. Is it thereby unintelligible? I think not. Consider the properties of being triangular and being trilateral. They are, I would argue, distinct and yet necessarily coextensive. What if someone were to ask why they were distinct? What could we say to her to explain their distinctness? I can imagine no more effective procedure than trying to explain what a side is and what an angle is and then explaining being triangular and being trilateral in terms of them. At bottom, however, this procedure simply aims at giving her the concepts triangular and trilateral. Anyone who doubts that they are different simply doesn't possess the relevant concepts. (Or is biting a bullet.) Metaphysical Rationalism 141 The distinction isn't brute in the sense of being arbitrary or unintelligible. If it is correct to call it brute it is only because it is basic or fundamental. Similarly, consider someone who wants an explanation of why Socrates is Socrates. She does not wonder, for example, why the teacher of Plato is the husband of Xanthippe. Rather she wonders why that man (perhaps she is pointing at him from across the agora) is himself. What an odd question! But perhaps we could answer it by saying simply that everything is what it is and not another. And if an explanation were requested for this? I do not believe an explanation is possible but it nevertheless seems incorrect to say that this fact is arbitrary and unintelligible. It is, rather, basic and fundamental. Seeing that it must be so is a perquisite for thinking about anything at all. Thus, I do not think that facts such as the distinctness of causation, conception, and inherence or the distinction between the attributes are violations of the Principle of Sufficient Reason in the sense that they are arbitrary or unintelligible aspects of the world. Rather, they are not the sorts of things to which a Principle of Sufficient Reason ought to apply. Sometimes your spade is turned not because you've accidently hit an arbitrary or unintelligible stone but because you hit the bottom. Notes 1 Michael Della Rocca, Spinoza (New York: Routledge, 2008), 30. 2 GP VI 612/L 646. 3 Della Rocca, Spinoza, 4; Yitzhak Y. Melamed, "The Sirens of Elea: Rationalism, Monism and Idealism in Spinoza," in Debates in Early Modern Philosophy, ed. Stewart Duncan and Antonia LoLordo (New York: Routledge, 2012), 78; Martin Lin "Rationalism and Necessitarianism," Noûs 46, no. 3 (2012): 418–448, here 420–421. 4 GP VI 612/L 646. 5 Don Garrett, "Spinoza's 'Ontological' Argument," Philosophical Review 88, no. 2 (1979): 198–223, here 202, fn5; Della Rocca, Spinoza, 4; Martin Lin, "The Principle of Sufficient Reason in Spinoza," in The Oxford Handbook of Spinoza, ed. Michael Della Rocca (New York: Oxford University Press, 2017). NB. I have changed my mind about many things in this article. 6 Lin, "Rationalism and Necessitarianism": 420–421. See also Michael Della Rocca, "Interpreting Spinoza: The Real Is the Rational," Journal of the History of Philosophy 53, no. 3 (2015): 525–526. 7 See Robert Sleigh, "Leibniz on the Two Great Principles of All Our Reasoning," Midwest Studies in Philosophy 8, no. 1 (1982): 193–216, here 194–195. Spinoza in Twenty-First-Century American and French Philosophy142 8 A VI.4.1616; GP VII 355–356/LC 15–16. 9 GP VII 355–356; LC L2; AG 321. 10 Jonathan Bennett, A Study of Spinoza's Ethics (Indianapolis, IN: Hackett, 1984), 115; Della Rocca, Spinoza, 77–78; Lin, "The Principle of Sufficient Reason in Spinoza," and Lin, "Rationalism and Necessitarianism," 420–421; Peter van Inwagen, Metaphysics, 4th edn. (Boulder: Westview Press, 2015), 150–153. 11 For an opposing view, see Edwin Curley, Spinoza's Metaphysics: An Essay in Interpretation (Cambridge: Harvard University Press, 1969), 106–109, and Edwin Curley and Gregory Walski, "Spinoza's Necessitarianism Reconsidered," in New Essays on the Rationalists, ed. Rocco J. Gennaro and Charles Huenemann (New York: Oxford University Press, 1998). 12 Della Rocca, Spinoza, 7; cf. Don Garrett, "Spinoza's Necessitarianism," in God and Nature in Spinoza's Metaphysics, ed. Yirmiyahu Yovel (Leiden: Brill, 1991), 191–192. 13 Della Rocca, Spinoza, 47. 14 See John Morrison, "The Relation between Conception and Causation in Spinoza's Metaphysics," Philosopher's Imprint 13, no. 1 (2013): 1–17, here 3. 15 Michael Della Rocca, Representation and the Mind-Body Problem in Spinoza (New York: Oxford University Press, 1996), 3–4. 16 Ibid., 3. 17 Martin Lin, Being and Reason: An Essay on Spinoza's Metaphysics (New York: Oxford University Press, forthcoming), ch. 4. 18 Della Rocca, Spinoza, 77–78. 19 Cf. Daniel Garber, "Superheroes in the History of Philosophy: Spinoza, SuperRationalist," Journal of the History of Philosophy 53, no. 3 (2015): 507–521, here 518. Garber calls the fact that God has the essence that he does a brute fact, which violates the Principle of Sufficient Reason that Della Rocca attributes to him. In a sense, this is correct. Della Rocca does attribute such a Principle of Sufficient Reason to Spinoza, and there could be no explanation of the fact in question. Rather than call it a brute fact, I prefer to think of it as the kind of fundamental fact for which no sensible Principle of Sufficient Reason demands an explanation, what Shamik Dasgupta calls an "autonomous fact," in his "Metaphysical Rationalism," Noûs 50, no. 2 (2016): 379–418, here 383. 20 E2d2. 21 E1p36 and E1p36d. 22 E3d2. 23 Ibid. 24 E4p5 and E4p5d. 25 Bennett, Study, 115; Van Inwagen, Metaphysics, 150–153. 26 In E1p16 Spinoza says that everything that falls under an infinite intellect follows from the nature of God. An infinite intellect is unlimited (by E1d2) and Metaphysical Rationalism 143 thus can conceive of every conceivable thing. In other words, if something is conceivable, then it exists. E1a2 says that everything that is not conceived through itself is conceived through another. That something is conceived entails that it is conceivable. Thus, we can infer from E1a2 that if something exists, then it is conceivable. We can combine the conditionals derived from E1p16 and E1a2 into the following biconditional: something exists just in case it is conceivable. 27 Michael Della Rocca, "A Rationalist Manifesto," Philosophical Topics 31, no. 1 (2003): 75–93, here 82–88, and Della Rocca, Spinoza, 9. 28 Della Rocca, Spinoza, 262. 29 Ibid., 47; Yitzhak Melamed, Spinoza's Metaphysics: Substance and Thought (New York: Oxford University Press, 2013), xv. 30 Martial Gueroult asserts that E1p4 is equivalent to E1a1 in his Spinoza 1: Dieu (Paris: Aubier-Montaigne, 1968), 117. But E1a1 says what exists and not what serves to distinguish the distinct things that exist. 31 See Leibniz A 6.4.1645/AG 32. 32 See Gonzalo Rodriguez-Pereyra, Leibniz's Principle of Identity of Indiscernibles (Oxford: Oxford University Press, 2014), 59.
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